The government is squelching double fears about how secure Metro Manila is from urban terrorists or from the possibilityof events being manipulated to pave the way for emergency rule or even martial law.
The capital region’s police and military chiefs reversed news reports earlier quoting them as saying four Al Qaeda-trained Moro extremists had been spotted in the metropolis.
In goose-step fashion, both police director Roberto Rosales and major general Jogy Leo Fojas said their men were just put on ‘heightened’ instead of ‘full’ alert though some 29 police check points were activated across the metropolis.
Asserting it is on top of the jittery situation, Malacanang took pains to calm the public with one of the deputy presidential spokespersons , medical doctor Anthony Golez citing the double safeguards in the Constitution: that any martial law edict must go through the two Houses of Congress and then to the Supreme Court.
Here is that constitutional proviso:
ARTICLE VII
EXECUTIVE DEPARTMENT
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.
For good measure, Malacanang also tightened its messaging about the tereor threats with the little president, Executive Secretary Eddie Ermita, now “the only one authorized to talk about the situation.
Absent such official messages, Golez said, “those warning about emergency rule or the return of martial law are just engaging in black propaganda,” a dig at the warning voiced out the other day by the ‘Hyatt Ten’ group of former GMA cabinet members now staunchly against her.
It’s just proper for Malacanang to put its act together as the week draws to a close and as it awaits the Sunday visit of US Central Intelligence Agency director Leon Panetta.
For ordinary citizens the pins and needles they feel won’t come off just yet despite the assurances.
We’d rather be genuinely assured by how authorities conduct state affairs, and protects us from harm, while also keeping our Bill of Rights sacred.
ARTICLE III, BILL OF RIGHTS
Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
Section 2. The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no search warrant or warrant of arrest shall issue except upon probable cause to be determined personally by the judge after examination under oath or affirmation of the complainant and the witnesses he may produce, and particularly describing the place to be searched and the persons or things to be seized.
Section 3. (1) The privacy of communication and correspondence shall be inviolable except upon lawful order of the court, or when public safety or order requires otherwise, as prescribed by law.
(2) Any evidence obtained in violation of this or the preceding section shall be inadmissible for any purpose in any proceeding.
Section 4. No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.
Section 5. No law shall be made respecting an establishment of religion, or prohibiting the free exercise thereof. The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed. No religious test shall be required for the exercise of civil or political rights.
Section 6. The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.
Section 7. The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.
Section 8. The right of the people, including those employed in the public and private sectors, to form unions, associations, or societies for purposes not contrary to law shall not be abridged.
Section 9. Private property shall not be taken for public use without just compensation.
Section 10. No law impairing the obligation of contracts shall be passed.
Section 11. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any person by reason of poverty.I’m committing the foregoing to memory, while reminding myself of this trusim:
The aim of art, the aim of a life, can only be to increase the sum of freedom and responsibility to be found in every man and in the world.
It cannot, under any circumstances, be to reduce or suppress that freedom, even temporarily.– Albert Camus
Popularity: 1% [?]
Thanks for the update, Ding. There are some assurances here.
Nice quote, from Camus, too. I dabbled in trying to understand him when I was in my philosophical period. His great philosophical piece was entitled “The Myth of Sisyphus”; I endured 28 pages of that before going directly to the study guide for dummies. I learned that his basis philosophical question was, “Should I commit suicide or not? After all life is pretty pointless.” His conclusion is expressed in your quote. My encapsulation of his answer: “Of course not, dummy. Life is rich for the path, not the end.”
Anyway, to end the babble . . . he is part of the reason I’m in the Philippines.
Keep up the informative good work!!
Joe
Hi Joe,
Here’s my favorite part:
“A face that toils so close to stones is already stone itself! I see that man going back down with a heavy yet measured step toward the torment of which he will never know the end. That hour like a breathing-space which returns as surely as his suffering, that is the hour of consciousness. At each of those moments when he leaves the heights and gradually sinks toward the lairs of the gods, he is superior to his fate. He is stronger than his rock.”
Apropos to current Filipino struggles?
Up the hill, down the hill, up the hill, down . . .
But “he is superior to his fate” . . .
Apropos . . .
Joe
This should test the “Human Security Act”
Interesting that you bring that up Prof.
Was just discussing this point over at Facebook and pointed out that the Human Security Act having been patterned after the US Patriot Act should properly apply in countering extremism of varied stripes.
Civil libertarians must, however, be vigilant against such a legal construct being distorted to further state-sponsored terrorism.
Yes, the Patriot Act has been a battle ground in the US, civil watchdogs reining in Big Bro Bush and the dark forces behind him.
Joe
To all Military Officers who are thinking of participating in the grab of power. Do not fight for a Corrupt President. Do not die for
her. Think of yourself, your future and your families.
If we will topple the Gloria Arroyo regime. If she grabs for power. She will be subjected to Human Rights abuses charges. And, is eligible as a good tenant in The Hague, Netherland.
Will you go with her until the end?
Discarding the terrorism view aspect of the “… Are Pinoys in Pinas safe?”, are Pinoys in Pinas safe?
Soon enough the mainstream media may be replete with new instances of bank robberies and kidnappings as fundraising for 2010-elections get into full swing.
And there is the matter of plain-vanilla crime, like this one.
http://filipinovoices.com/up-vulnerable
And then, on a different plane, there is the matter of North Korea. Personally, I do not have a reading on whether or not Pinoys in Pinas are supportive of North Korea’s ongoing project to develop its own technology to have atomic bombs (plus the missiles to deliver the payload).
The arguments in support of the assertion that world peace is better served by Non-proliferation is getting pitted against the very simplistic “… if USA and France and England (and India and Pakistan) have it, then why can’t North Korea (and Pinas…later)?”
UP n grad,
If we are intelligent and civilized human beings, as we claim terrorists are not, we should rid the planet of these awesome weapons that do not distinguish between military and civilian, adult or child.
I note that Obama and the Russians have reached a tentative agreement this past week to pare the respective arsenals by about 500 nukes each. Still leaves 2,500 there, but it is a beginning.
The Philippines is loaded with hand guns, and should take the same baby steps to get rid of them, rather than taking pride that it still resides in the gunslinger era of the 1800′s.
Why seek to do anything such a weird place as North Korea would want to do? Talk about a dysfunctional place, representative of the opposite of the freedoms and kind living that the Philippines SHOULD hold dear.
US, too . . .
Joe
Is this Golez related to Rep. Golez and another Golez with a flag rank in the Navy?
Just curious if Rep. Golez is dyed-in-the-wool oppositionist.
They are brothers.
I know Rep. Golez.
He’s a pretty level headed guy. He does not oppose just to oppose.
Happy days are here again!
Maybe Sen. Enrile can tell us whether these bombings are ‘manipulated to pave the way for emergency rule or martial law’?
I remember when I was a young officer working for then defense secretary Enrile, he asked the commanding general in a command briefing how much in ammunitions would have been expended in a gunbattle that lasted for more than 4 hours.
The general, obviously, failed to provide an enlightened answer. I do recall that then Col. Biazon was present too.
But what is the point? Even if we ask the AFP or the PNP, they hardly provide ask convincing answers. I guess, the kind of ‘intellectual culture’.
Hey Prime this input surely is though provoking. I’ll push some buttons and get guesstimates.
In the meantime would care to share your gut feel in the context of your own sense of just where JPE is coming from.
Sumasakay lang kaya siya?