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Pushing the Envelope

December 6th, 2009 by cocoy

The Filipino Nation is at a precipice. The river of blood that flow from Maguindanao is an endless stream of our nation’s collective shame. Their ghost hunts this nation and will forever hunt this nation until their Cry for Justice is quenched. So Gloria Macapagal-Arroyo justifies Proclamation 1959 to stall a virtual rebellion, and a State of Martial Law now exist in Maguindanao. For the second time in recent days, Gloria Macapagal-Arroyo has pushed the boundaries of propriety, of acceptable norm. Mrs. Arroyo pushes the envelope to shatter the status quo. Proclamation 1959 aims to dismantle the Ampatuan Regime, and remove the firepower they hold. On the face of it, our people cheer on, satisfied that Justice, Law and Order is being imposed. Is our collective alleluia inaugurating a new Era of Darkness?

In the past, Presidents have balked at using Martial Law powers as granted to them by the Constitution. Mrs. Aquino never imposed it even has her government was poised to fall and she overcame half a dozen coup d’eta attempts without invoking Martial Law. Mr. Ramos’ relatively calm administration had no need for it. Mr. Estrada’s abbreviated stay at the Palace with its infamous War with the Moro Islamic Liberation Front had not imposed Martial Law. There has never been such a need for it. The words “Martial Law” evoke such distaste in people’s mouth and past Presidents have perhaps considered it only to walk away because to impose it, will bring a reminder of 1972. Is there such a need for it now?

Philippine Commentary wrote:

Has the public got rid of the post EDSA 1 martial law allergy? It may be too early to tell since for many Filipinos, Maguindanao is a far off place. But if Manila was placed under martial law, people may yet develop a case of hives!

But what is really disturbing that it seems so easy for the civil courts to become non-functional with fear, thus giving more reason for the Executive to dabble with martial law. Who is to judge if the courts are non-functional? Answer: the Presidential Palace and not the independent and co-equal branch of government, the Judicature. This is something that the libertarians (some with law degrees) have glossed over even in Facebook posts.

Gloria Macapagal Arroyo’s proclamation is obviously a trial balloon of sorts and may be shot in the arm. Let’s see if our democratic “immune system” can produce the antibodies against dictatorship.

The EDSA constitutional system however is riddled with contradictions and flaws and in itself a danger to democracy.

If past dangers to the nation is our benchmark, how then do we justify Martial Law in Maguindanao? Are the tools of statecraft so broken that we have to resort to Martial Law? Days prior to the imposition of Martial Law, the PCIJ Fact Finding Team observed these with regard to Maguindanao:

  • Poor handing and contamination of the massacre site
  • Poor handing of the remains
  • Apparent preference for testimonial rather than physical evidence
  • CAFGU Detachment, “MNLF Camp’s near the site
  • Vehicles allegedly used by suspects still unaccounted for;
  • Fear grips residents near the site, and seems to prevent them from speaking out
  • Enormous weapons arsenal of the Ampatuans not fully confiscated
  • Road leads to nowhere
  • Imperative to disarm all clans, political families in the area
  • Missing or still undisclosed documents
  • Government resources used to fly Andal Ampatuan Jr. and his lawyer Sigfried Fortun
  • Government response to the situation not fully eased the anxiety and fear of the residents and media workers in the affected areas; The threats to the safety and security of the communities linger, especially with the forthcoming elections likely to fireup the tension between partisan rivals and political clans
  • The Philippine Star quoted Justice Secretary Devanadera saying:

    …that a number of towns controlled by the Ampatuans in Maguindanao are already in a state where allegiance to the duly constituted authorities is absent and the local government officials in those areas have effectively shut down the operations of municipal offices.

    In several instances, she noted that armed groups have prevented people from obeying the law.

    “Therefore that is a manifestation, an overt act showing that they are following some other forces.”

    What guarantee is there that with Martial Law imposed, that justice be done?

    Nothing in our recent past has justified the Return of Martial Law. If ever there was, coup d’tet and the war with MILF might have been good justifications. At face value, logic says that imposing this on Maguindanao is the right way yet why can’t I help but think that this preemptive action smacks of The George W. Bush Doctrine of act now and ask questions later? It sounds like a political move, tick tok, the chess pieces go. And all opposition can do is to play defense.

    To think of Martial Law imposed on Maguindanao as simply about Maguindanao is to see with too narrow eyes. It is a case of damned if you do, damned if you don’t. How far then do you trust Arroyo to wield these powers? Arroyo holds on to power tightly and how she wields it, so casually. Would you trust that this isn’t a faint that becomes clear five moves down the road?

    To top it all, to think of Maguindanao as simply an isolated incident is a mistake. Local Bosses Across the Country are readying for 2010.

    Lhal wrote:

    So either this proclamation of martial law is genuine or a cover-up is up to the people to decide. One could also note that Maguindanao is where this adminstration got most of its votes in the 2004 and the 2007 elections. This government to me is testing the waters. Martial law was the last resort of the late dictator Ferdinand Marcos when he couldn’t run for President anymore. Now it’s being tested again by another unpopular president. I would not be surprised if one day when people would be caught by surprise again and see this country under martial rule. God help us.

    Thus, how can we not think of all this in the context of Iran Election? Lara from ABC News tweeted this about Iran:

    #Iran reportedly arrests 15 of the Mourning Mothers, who’ve held weekly demos protesting the deaths and detention of their children.

    If we give Gloria Arroyo this, what is to stop her from doing more in the next six months? I can not help but think of Arroyo as Scar and she has unleashed the Black Lanterns upon us while the Yellow Light of the LPs and Orange color of NPs and every other party are busy scrambling for the ultimate prize of 2010. Will the color of the rainbows band together to oppose this threat? Will they find common purpose and an acceptable answer that gives justice to Maguindanao and restore balance?

    The envelope has been pushed. A sitting president is running for a congressional seat— a demotion and yet all indication points to the fact she wants to continue on staying in power. Then there is Proclamation 1959 that came from the heel of Arroyo’s announcement to seek a congressional position. Martial Law at last is imposed. While we Filipinos wrap our collective minds around the idea, are we in fact being blinded to the movement of chess pieces?

    If Congress agrees with the President that will be license to push the envelope further. Unleash your imagination at what Arroyo can do, unopposed and sky is the limit. However our fears and rage made into light at the sight of blood flowing from Maguindanao, the sword of Martial Law must be returned to its sheath. The repercussions and the license to do whatever Arroyo wants is too high a price to pay. Just look at the Bush Doctrine and how unchecked power has done to the world in the name of those victims of 9/11. Maguindanao might be our Francis Ferdinand. Maguindanao might be our 9/11. Beware our Fears made into light, but do we have the ability to overcome Great Fear? As we chant, “never again,” the question remain, is our French Defense too slow?

    ***
    This post was first published at Cocoy Chronicles

    Creative Commons License
    This work by Cocoy is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 3.0 Philippines License.
    Based on a work at cocoy.tumblr.com.


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