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Official statement: Senator Noynoy Aquino’s Official Statement on the » Issues
Donate Declaration of Martial Law in Maguindanao December 5, 2009

Invest in our nation's future For weeks now, the country has shared the shock, horror and agony of the
people of Maguindanao over the slaughter of innocents. This national Stay Connected
outrage has increased as securing justice faces hurdle after hurdle, both in
Maguindanao and in Manila. Our people want justice, and they want results; Leave your email to receive our
Undecided? the government wants us to believe that it must impose Martial Law for Newsletters, get notified about site
developments, and keep up to date
justice to be accomplished, and for peace and order to finally prevail in
Let us help you decide Maguindanao. on the latest news about Noynoy,
the elections, and the issues that
Now, for the first time since 1972, the chief executive has seen fit to take face the nation.
this unprecedented step. But unlike 1972, there are many Constitutional
safeguards in place to ensure that martial law is an option taken with full Email Address:
transparency and under legislative oversight.

The people of Maguindanao, the people of the Philippines and the troops on
this mission, deserve every assurance that this act will, indeed, result in
justice being served and peace being restored. If the declaration of Martial
Law is not motivated by the enforcement of the rule of law, but is rather an
attempt to expand authority by means of the military it will be a grave abuse
of power and reckless endangerment of the lives of our brave soldiers.

The Constitution is clear: martial law can only be declared upon the
existence of an actual invasion or rebellion, and when public safety requires
it.

Is there truly a legal basis for declaring martial law in Maguindanao?

Is the restoration of peace and order the real reason for the imposition of
martial law or are there other reasons yet unseen?

Is it to instill fear, given the very negative connotations of martial law?

Can we take Mrs. Arroyo’s word when she is largely responsible for the
creation of this monster?

Does it not indicate the state’s inability to enforce its laws that it had to
resort to something as drastic as martial law, despite its possible
repercussions on the economy?

The President need not declare martial law. She could have swiftly ordered
that charges be filed against all those who carried out the lawless orders of
Mayor Andal Ampatuan, Jr. She could have directed that all those charged
be preventively suspended. She could have instructed the Prosecutors to
ask the 11 Courts to deny bail to all those charged with the commission of
this heinous crime and let the succession of local officials under the Local
Government Code take effect, to ensure that the local government will
continue to function.

This extraordinary step fuels much speculation on the real intention behind
it.
The people must demand an explanation of the circumstances that led the
administration to resort to this action, how the President intends to use its
vast powers, and for how long.

The rule of law must prevail; constitutional processes must prevail. The
courts cannot be abolished there or elsewhere. The President of the
Philippines remains accountable not only to the Congress of the Philippines,
but to the People of the Philippines for taking this course.

We must also demand that both houses of Congress meet, as required by


the Constitution, within 48 hours of a martial law declaration, without need of
the President making a call for Congress to convene.

While the Constitution expects both houses to merge for the purpose of
voting on this specific imposition of martial law, it also expects our
lawmakers never to surrender their identity as representatives of the people.

I appeal to my colleagues in Congress to come together immediately and


ascertain the validity of this imposition.

Congress must muster a quorum. Congress must not be a rubber stamp.


Congress must ask the right questions, and it must act now.

This is a time for all our people to be sober, discerning, vigilant and
unafraid.

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