Martial Law: Democracy's Poison

Despite the experience of a military-backed dictatorship under Ferdinand Marcos, the People Power Constitution crafted mostly by opponents and victims of the dictatorship remains executive-friendly and overly trusting of whoever sits as president. Martial law by its very nature is undemocratic and dangerous, and given a sitting president who has no intention of following the constitutional provision for peaceful succession it is apt to become an instrument to realize opportunistic political designs.

The imposition of martial law is not subject to prior approval of Congress but may be questioned by any citizen before the Supreme Court as to its factual basis. Congress would need at least a simple majority or 147 votes to cause its termination after 60 days, but with the same number of votes may be extended in time and/or expanded in territorial scope. This Congress – the same Congress that threw away two impeachment suits against President Arroyo, making a mockery of due process and the Constitution – is more than capable of extending and expanding martial law. All that President Arroyo has to do is to promise them a bigger share of the loot that comes easy in a dictatorial regime. And this president has proven beyond any doubt to both friend and foe that she does not renege on this kind of promise. Between now and the May elections, sitting elective officials especially in the House of Representatives are starved of campaign funds and will behave according to the president's bidding including the extension and expansion of martial law.

The political scenario of a post-2010 era is unfolding faster than what the mind can absorb. Every independent political pundit and constitutionalist has come out with the opinion that Proclamation 1959 is absolutely devoid of constitutional bases, specifically rebellion and invasion. So, there must be other reasons for its promulgation. Worse, we can think of a slew of other reasons waiting to unfold in the coming days.

Now, for the immediate objective of martial law in Maguindanao. Yesterday (Sunday) afternoon on ANC, Sen. Biazon has a theory that would have been very fascinating if not for its being utterly sinister and malicious. (Among the sitting senators, I reserve my highest respect for this man.) He strongly suspects that placing Maguindanao under military rule is meant to save the Ampatuans from the crime of multiple murder, not to mention illegal possession of firearms. Already on Saturday afternoon Justice Secretary Agnes Devanadera has declared that many of those to be arrested in connection with the massacre would be charged of rebellion, which is the justification for declaring Maguindanao under martial law.

Consequently, all crimes including murder will be subsumed under the crime of rebellion. The prosecutors’ task would be to prove that the Ampatuans have committed the crime of rebellion, not multiple murders which would be been a lot easier considering the weight of evidence already uncovered and the witnesses who have surfaced. Since there is no sufficient evidence to prove that the accused led a widespread armed uprising to topple the government, in the end they would be acquitted and with it the charge of multiple murder.

Sen. Biazon stopped there, but if he is right the implications are too horrible to contemplate. The trial may take a long time but by then Gloria Arroyo will have sent the message to all quarters that she is going to protect her warlords, cut down to size the ricalcitrant among them (like the Ampatuan clan) and run after warlords opposed to her. With the full backing of the military and the police, all warlord-politicians in each and every island of the country from the south of Mindanao to the North of Luzon will submit to her will. From that commanding height, a formal declaration of martial law would be redundant. Warlord-politicians would do a better job than the armed forces to insure her rule.

She will get her speakership, a new constitution to make her prime minister and the beginning of a new Arroyo dynasty. If this scenario happens it’s not because she is powerful by herself but rather because she is clever enough to play the greed and power-madness of people in government. Using the powers of the presidency granted by the Philippine Constitution, with the right hand she will destroy those who oppose her and with the left reward those who side with her. This is happening and will continue to happen until the whole country will implode by reason of its own evil and wickedness.

Why won’t the people stop this impending catastrophe? Because people amongst us who have influence both in government and outside have no love for the country and don’t give a heck to what happens to the rest of the people. This is the real tragedy of this country – a people that has no love for their country.