The Senate Monday approved a resolution declaring as unconstitutional President Gloria Macapagal Arroyo's proclamation of martial law in Maguindanao province. Eighteen of the 23 senators signed Senate Resolution 1522, authored by Liberal Party Senator Francis Pangilinan. Pangilinan said the resolution sends a clear message to Arroyo that the Senate considers her martial law declaration as without factual and legal basis. “For the Senate, the lifting does not render the issue moot and academic, and the resolution is a definitive finding by the upper chamber that the declaration is contrary to the Constitution,” Pangilinan said. Two close Arroyo allies signed the resolution — Senate Majority Leader Juan Miguel Zubiri and Sen. Miriam Defensor Santiago. Other signatories were Senate President Pro Tempore Jinggoy Estrada, Senate Minority Leader Nene Pimentel, Alan Peter Cayetano, Noynoy Aquino, Mar Roxas, Jamby Madrigal, Rodolfo Biazon, Chiz Escudero, Ping Lacson, Loren Legarda, Manuel Villar, Antonio Trillanes IV, Pia Cayetano, Gregorio Honasan II, and Dick Gordon. Zubiri admitted that Arroyo's lifting of martial law she declared over Maguindanao last Dec. 4 robbed the senators of their chance to cast their vote on the legal issue of whether or not the declaration was constitutional. “We passed the resolution of the senators because we feel there was no rebellion in Maguindanao occurring at the time. It was bolstered by the fact that the resources persons (interrogated during the joint congressional hearing at the Batasang Pambansa) could not cite one firefight, not one battle between government forces and the forces of the Ampatuans. We passed the resolution so that it would show we are on record against it,'' said Zubiri, who was the last senator to sign the resolution. The senators said the two conditions for issuing martial law and the suspension of the writ of habeas corpus — rebellion and invasion — were not present on Dec. 4 when Arroyo made her declaration. Malacanang argued that Arroyo declared martial law because heavily armed groups in Maguindanao had established positions to resist government troops, thereby depriving the national government of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety. But the Senate resolution noted that the Supreme Court recognized that the judicial system in the province of Maguindanao was functioning and the cases involving Maguindanao massacre were filed before the Cotabato courts at the time martial law was declared. Thus, the justification for the proclamation of martial law on the basis that the local judicial system is no longer functioning was devoid of merit, the senators said. “It is without doubt that there is no rebellion in the province of Maguindanao. The argument that the proclamation of martial law was imposed in an effort to quell a ‘looming' rebellion is untenable,'' the Senate resolution said. Meanwhile, former Senate President Jovito Salonga asked the Supreme Court to schedule oral arguments and rule on the various petitions seeking to declare as unconstitutional Arroyo's proclamation of martial law in Maguindanao. In his petition, Salonga said Arroyo violated the Constitution for placing Maguindanao under martial law despite the total absence of an invasion or rebellion, the two exclusive grounds on which such proclamation may only be called for. Salonga warned that Arroyo could repeat the declaration and yet evade review by lifting the order before the court could issue a ruling, rendering the issue moot and academic. He noted that the Supreme Court had ruled on the constitutionality of Presidential Proclamation 1017 declaring a state of national emergency in February 2006, even after it was lifted. Proclamation No. 1017 was issued on alleged attempts by the “extreme left and the extreme right” to bring down the government. It was lifted March 3, 2006, 1 week after it was declared. The Supreme Court ruled that the declaration of the state of national emergency was within the military powers of the President but it held unconstitutional the warrantless arrests and warrantless search launched based on the state of national emergency proclamation.
