Martial law likely under Arroyo

**explorer** · July 9th, 2009 01:27 AM

De Venecia: Martial law likely under Arroyo

Leila Salaverria
Philippine Daily Inquirer
July 08, 2009

MANILA, Philippines -- Martial law, rather than Charter change, is more likely to happen under President Gloria Macapagal Arroyo's rule, a former member of her inner circle said.

Former Speaker Jose De Venecia said there were two instances that could trigger a martial law declaration: the escalation of deadly bombings and a failure of the 2010 elections.

Another issue preoccupying the President's allies and spooking her critics is the move in the House of Representatives to convene as a constituent assembly and pass proposed amendments to the Constitution even without the participation of the Senate. But some proponents of the move have conceded that the Senate's participation was needed, while the Senate has rejected the idea of a constituent assembly.

If the bombings escalate or move to key places, these could cause chaos that the President could use to justify a martial law, De Venecia said.

“Which is likelier? Martial law,” De Venecia said over dinner with editors of the Philippine Daily Inquirer (parent company of INQUIRER.net) on Tuesday. “That's a very real option.”

Asked what he thought would be the basis for such a declaration, he replied: “If there's chaos, if there's chaos in Metro Manila. It's so simple... Didn't they bomb Congress?” He was referring to the 2007 blast that rocked the House of Representatives.

He said that in the recent spate of bomb-related incidents in Metro Manila, the administration, or people close to it, planted explosives that hurt no one, such as the bomb that went off at the Office of the Ombudsman on a Sunday and those found unexploded in two other places in Quezon City.

The people behind these incidents “were preparing the ground for martial law,” he added.

De Venecia, however, said he believed the administration had nothing to do with the explosions in Mindanao, which he attributed to terrorists.

De Venecia also cited the early retirement of General Alexander Yano as chief of staff of the Armed Forces as part of the possible martial law scenario.

The temporary replacement of Interior Secretary Ronaldo Puno by Public Works Secretary Hermogenes Ebdane, a retired Philippine National Police chief, also gave rise to suspicions that “martial law was not too far away,” he added.

It was the first time that another department secretary was made to concurrently head the interior and local government department, which controls the Philippine National Police.

Another opportunity for the President to declare martial law would be a failure of elections in 2010, since such a development could also foment unrest, De Venecia said.

“The big problem here is if for any reason there is a failure of elections, then there is martial law for sure. The chaos throughout the country will trigger a martial law declaration,” the former speaker said.

In case martial law is declared, Congress would have to vote jointly if it wants to extend or revoke it. A joint voting scheme would give the administration-dominated and much bigger House of Representatives the upper hand over the Senate.

De Venecia said martial law could strengthen the President's hold on Congress.

“But you know, even without martial law, she has control of the House. So if she declares martial law, her control of the House will be near total. Right now without martial law she gets away with murder, the dismissal of impeachment cases, resolutions that are out of this world,” he said.

**beereo** · July 9th, 2009 04:57 AM

I believe that, at this point in time, it is very premature to say that martial law might be declared next year so as to retain PGMA's position. The bombings which occurred can be regarded as minor ones. However, as we all know, PGMA is fond of issuing infamous proclamations such as E.O. 464 and Proclamation 1017. In other words, she may declare martial law amidst future criticisms.

The best weapon to abate this kind of scenario is prayer.

**ghosthunter** · July 9th, 2009 09:38 AM

Originally Posted by beereo

The best weapon to abate this kind of scenario is prayer.

I strongly differ from your opinion for the best weapon for this scenario.

**1D4LV** · July 9th, 2009 10:10 AM

question: in declaring martial law, does it need congressional approval? both houses of congress?

kasi, i really doubt de venecia's opinion. may halong personalan na kasi ito tumirada eh.

but then, again, it could be possible, just for GMA to hold on to power and cancel the elections next year. you will never know what goes inside her head. the bottomline is she just wants to remain in power, and that is it.

**ghosthunter** · July 9th, 2009 10:19 AM

Originally Posted by 1D4LV

question: in declaring martial law, does it need congressional approval? both houses of congress?

kinda fuzzy on the details but I think she can declare it but it would only hold for a certain number of days. Beyond that, the senate has to decide if to extend or end the declaration of martial law.

**loidch** · July 9th, 2009 10:29 AM

that is if the all powerful uncle sam says ok.
i'am in favor of martial rule, but with the reputation of our government now. i feel that if ever it is declared, its like covering up a wrong with another wrong.
true that our morals now is in the pits, lack of discipline, corruption and the likes are being projected as acceptable. but for me our leaders has to be perceived cleaner than the ordinary man on the street, so that they can have the moral authority to impose what they think is good for the country.

THEY SHOULD CLEAN THEIR OWN ACT FIRST!

**Galactus** · July 9th, 2009 10:32 AM

question: in declaring martial law, does it need congressional approval? both houses of congress?

From the Philippine Constitution:

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.

Now the problem lies in the interpretation. By "jointly", will this mean both houses will be consolidated and their votes counted like in a unicameral body? If so, then this is a frightening scenario, and the specter of martial law is a realistic possibility. Lalo na ngayon na may bombahan na naman...