Life in PNoy’s Enchanted Kingdom

This is what Article VII Section 18 of the 1987 Constitution sats about martial law.

Section 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Unang una, tapos na yun lawless violence sa Maguindanao. Nangyari na yun massacre. Police can serve search and arrest warrants on the Ampatuans since the entire province is under military and police control. The military has already occupied all government buildings, hindi ba? They have even surrounded the compounds of the Ampatuans.

Besides yun suspension of the writ only applies to rebellion or invasion. Rebels ba yun mga Ampatuan? Invaders ba sila?

Baka ma por nada pa yun kaso against the Ampatuans kung magkamali ang gobyerno at arrestuhin sila or magsearch sa bahay nila without a warrant.

Is the government throwing the game, is it taking a dive?

Baka naman yun talaga ang plano. Kasi, tulad ng sinabi ni Lorelei, “Just because they’re in this situation doesn’t mean we will already turn our backs on them. It doesn’t mean that they are no longer our friends.”