Republic of the Philippines

HOUSE OF REPRESENTATIVES

Quezon City

FOURTEENTH CONGRESS

Third Regular Session

JOINT RESOLUTION No. 52

Introduced by REP. SATUR C. OCAMPO, REP. LIZA L. MAZA, REP. TEODORO A. CASIÑO, REP. NERI JAVIER COLMENARES, REP. RAFAEL V. MARIANO, REP. LUZVIMINDA C. ILAGAN, REP. JOEL B. MAGLUNSOD AND REP. RAYMOND V. PALATINO

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JOINT RESOLUTION

TO CONVENE CONGRESS IN JOINT SESSION AND REVOKE PROCLAMATION 1959

IMPOSING MARTIAL LAW IN MAGUINDANAO

WHEREAS, Pres. Gloria Arroyo issued Proclamation 1959 titled “Proclaiming a State of Martial Law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao except for certain areas” on December 4, 2009;

WHEREAS, the grounds used for the declaration of martial law are that “heavily armed groups in the province of Maguindanao have established positions to resist government troops thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land to maintain public order and safety” and “the condition of peace and order in the province of Maguindanao has deteriorated to the extent that local judicial system and other government mechanisms in the province are not functioning; thus, endangering public safety”;

WHEREAS, while Proclamation 1959 mentions that under Republic Act 6986 the crime of rebellion is “committed by rising publicly and taking arms against the government for the purpose of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives”, it failed to establish the acts constituting the elements of rising publicly and taking up arms against the government, and even the fact that “public safety” requires said imposition. Worse, Republic Act 6986 does not even define Rebellion but merely creates a “High School in Barangay Dulop in Zamboanga del Sur“;

WHEREAS, Section 18, Article VII of the 1987 Constitution provides that martial law or suspension of the privilege of the writ of habeas corpus can only be imposed “In case of invasion or rebellion, when the public safety requires.”;

WHEREAS, the 1987 Constitution has not retained the “imminent danger” of rebellion as provided in the 1935 and 1973 Constitutions as a ground for the imposition of martial law or suspension of the privilege of the writ of habeas corpus, thereby, limiting the ground for such to the actual existence of rebellion or invasion;

WHEREAS, Proclamation 1959 is clearly unconstitutional on its face because it admits that the imposition is merely based on the supposed acts by armed groups of “establishing a position” to resist government troops which is clearly not an act of rebellion as defined under the Revised Penal Code as amended. The government even recognizes that the Maguindanao massacre was not an act of rebellion as it charged Mayor Andal Ampatuan Jr. and other suspects with the crime of murder (multiple counts) and not the crime of rebellion;

WHEREAS, the alleged armed groups have not even committed any act of “resisting” government troops as admitted by Proclamation 1959 itself, since the supposed armed groups are still “establishing a position” to resist government, clearly an admission that the proclamation was based on possible threats or ‘imminent danger” of a possible rebellion. Furthermore, Proclamation 1959 fatally failed to even alleged what “powers or prerogatives” have been deprived of Pres. Arroyo by these armed men who have not even resisted the government but are merely establishing a position to resist government. Clearly, Proclamation 1959 could never allege the same since “establishing a position” could not have, in any way, deprived Pres. Arroyo of any power or prerogative;

WHEREAS, to legitimize such ground is to pave the way for the subsequent imposition of martial law all over the country since Pres. Arroyo can always claim that members of the New Peoples Army or the MILF are “establishing positions” to resist the government thereby necessitating the imposition of martial law;

WHEREAS, the claim that the judicial system and other government mechanisms are not functioning in Maguindanao does not equate to rebellion and therefore cannot be a ground for the imposition of martial law. Furthermore, judicial processes with regards those related to the Maguindanao massacre are proceeding with search warrants and commitment orders issued by the court being served successfully as declared by the Supreme Court itself through its Spokesperson Midas Marquez;

WHEREAS, even if judicial processes against the Ampatuans are not proceeding, the venue for the trial could be transferred thereby relieving the courts in the area from pressure and alleged fear and intimidation;

WHEREAS, the imposition of martial law in Maguindanao is not only without constitutional and factual basis but is also an “overkill” considering the presence of four thousand members of the armed forces in the province and the arrest of many of the Ampatuans under Proclamation 1946 declaring a State of Emergency in Central Mindanao, which has not been lifted up to now;

WHEREAS, the imposition of martial law gravely threatens human rights and the holding of elections in 2010 considering our experience under the Marcos Martial Law regime, and bodes for a possible declaration of martial law in the entire country and the postponement of the 2010 elections should the legally flimsy grounds used in Proclamation 1959 be legitimized as valid grounds;

WHEREAS, under Section 18, Article VII of the Constitution, Congress is empowered in joint session to revoke the Executive’s imposition of martial law or the suspension of the privilege of the writ of habeas corpus;

WHEREAS, the Philippine Congress cannot allow itself to be a rubber stamp of Pres. Arroyo, nor should it allow the imposition of martial law on made up scenarios and based on grounds not sanctioned by the Constitution;

NOW THEREFORE, BE IT RESOLVED, AS IT IS RESOLVED, that the House of Representatives and the Philippine Senate immediately CONVENE in joint session and REVOKE Proclamation 1959 imposing martial law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao.

Adopted,

SATUR C. OCAMPO LIZA L. MAZA

Bayan Muna Party List Gabriela Women’s Party

TEODORO A. CASIÑO NERI JAVIER COLMENARES

Bayan Muna Party List Bayan Muna Party List

LUZVIMINDA C. ILAGAN RAFAEL V. MARIANO

Gabriela Women’s Party Anakpawis Party List

JOEL B. MAGLUNSOD RAYMOND V. PALATINO

Anakpawis Party List Kabataan Party List