MANILA (7th UPDATE) - President Gloria Macapagal Arroyo officially declared martial law in the province of Maguindanao on Saturday morning.
Executive Secretary Eduardo Ermita announced Proclamation No. 1959 proclaiming a state of martial law and suspending the privilege of the writ of habeas corpus in the province of Maguindanao, except for certain areas identified as bailiwicks of the Moro Islamic Liberation Front (MILF).
The declaration of martial law will lead to the arrests without warrants of other members of the Ampatuan family who have been linked to the November 23 massacre.
Armed Forces of the Philippines (AFP) Chief of Staff Gen. Victor Ibrado announced that joint police and military teams have taken into custody Maguindanao Gov. Andal Ampatuan Sr. and his son, Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan.
Ibrado said Ampatuan Sr. was brought to a hospital in Davao City while the ARMM governor was brought to General Santos City.
There are now three Ampatuans under government custody, including Datu Unsay town Mayor Andal Ampatuan Jr., who has been charged with 25 counts of murder for the massacre.
The carnage, where 57 innocent civilians were killed, drew both local and international condemnation. It was allegedly led by Ampatuan Jr., who is already detained at the National Bureau of Investigation.
Ermita said President Arroyo decided to declare martial law because "heavily armed groups in the province of Maguidanao have established positions to resist govenrment troops, thereby depriving the executive of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety."
The declaration added that despite the state of emergency declared last November 14, peace and order in the province continued to deteriorate "to the extent that local judicial system and other government mechanisms are not functioning."
Government sources, who declined to be named, earlier told abs-cbnNEWS.com/Newsbreak on Friday that martial law will take effect Saturday in Maguindanao.
President Arroyo, also commander-in-chief of the Armed Forces of the Philippines, reportedly approved the order Thursday night.
While martial law is in effect, Lt. Gen. Raymundo Ferrer, Armed Forces' Eastern Mindanao Command chief, will take over as the provincial military governor.
Ibrado said there are at least 4,000 military troops already deployed in the province to enforce martial law.
No confirmation on Friday
Asked for comment on Friday evening, Armed Forces Eastern Mindanao Command spokesman Maj. Randolph Cabangbang said their unit "has not received any order for implementation."
Armed Forces spokesman Lt. Col. Romeo Brawner said the report was not true, while Presidential Adviser on Mindanao Affairs Jesus Dureza said he will get back with the media "if there's definite word."
"Usually, martial law declaration is not announced until action starts on the ground. Otherwise, the purpose and objective is lost," he said in a text message.
Senate President Juan Ponce Enrile said he will await the report of the President to Congress, which is required by the Constitution.
Col. Leo Cresente Ferrer, acting commander of the 601st Brigade, said it was the first time he had heard news of a martial law declaration in Maguindanao. He added that he did not see the need for it since the military has everything under control.
Congress may not be able to convene
When previously asked about martial law in the south, House Speaker Prospero Nograles, said last Monday (not Friday as we earlier reported): "This issue must be recommended by the National Security cluster group and the military on the ground to enable the president to correctly assess the situation."
Nograles said Congress may find it hard to convene and assess the declaration of martial law.
Under the Constitution, "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."
The charter also states that on the president's initiative, Congress may also "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."
Nograles said: "Martial law can be impractical at this time as it requires the approval of Congress, which will most likely have difficulty mustering a quorum due to the holidays and the election season. Even if we have a quorum, I don't think our senators and congressmen will favor this because it will certainly cause public uproar which can endanger their reelection bid."
"A limited state of emergency in Maguindanao and nearby provinces is sufficient to address the problem related to the Maguindanao massacre," he added.
5 other Ampatuans
On Friday, Justice Secretary Agnes Devanadera said they will issue subpoenas to Ampatuan Sr. and four other members of his clan for a preliminary investigation into their possible involvement in the massacre.
Devanadera said the other clan members who will be summoned to appear in the preliminary investigations are Datu Ulo Ampatuan, Mamasapano town Mayor Bahnarin Ampatuan, and vice-mayors Kanor Ampatuan and Tony Kenis Ampatuan.
Only Ampatuan Sr.'s son and namesake, Datu Unsay town Mayor Andal Ampatuan Jr., has been arrested and detained at the National Bureau of Investigation (NBI) headquarters in Manila.
Ampatuan Jr. has been charged with 25 counts of murder.
Martial law under 1987 Charter
Under the 1987 Constitution, the declaration of martial law will suspend the writ of habeas corpus, which means some citizens may be arrested without warrants.
Section 18 of the Charter states: "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."
However, the suspension of the writ of habeas corpus only applies to persons charged for "rebellion" or offenses connected with an invasion.
"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," the Constitution also says.
It also adds: "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."
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