MANILA, Philippinesâ€â€ÂThe controversial Ampatuan clan on Monday joined the clamor for the Supreme Court to stop the government from imposing martial law in Maguindanao, accusing the government of having the penchant for violating the law.
In their 31-petition, the Ampatuans through their counsel Philip Sigfrid Fortun asked the Supreme Court to declare as unconstitutional Proclamation 1959 and nullify all directives and orders arising from it.
On December 4, Malacanang issued the proclamation declaring martial law in Maguindanao except for identified areas of the Moro Islamic Liberation Front (MILF).
After the declaration of martial law, head of the Ampatuan clan former Maguindanao governor Andal Ampatuan Sr. and Autonomous Region in Muslim Mindanao (ARMM) Governor Zaldy Ampatuan.
Members of the military and police also raided the lots and mansions owned by the Ampatuans that led to the seizure of high-powered firearms and ammunitions.
Like other petitioners Maguindanao Congressman Didagen Dilangalen, National Union of Peoples’ Lawyers, Bayan Muna, and Gabriela Women’s Party-List, Fortun reiterated that there is no actual rebellion in Maguindanao.
In fact, Fortun said the government has full control over the province and successfully contained whatever perceived danger in the locality.
“If the President sees any imminent threat of rebellion or invasion, she may call out the armed forces to suppress lawless violence. That is her only option,†Fortun said.
The crime of rebellion, Fortun explained, “is committed by rising publicly and taking arms against the Ggvernment for the purpose of removing from the allegiance to said government or its laws, the territory of the Philippine Islands or any part thereof, of any body of land, naval or other armed forces, depriving the chief executive or the legislature, wholly or partially of any of their powers or prerogatives.â€ÂÂ
“There is neither public apprising nor taking up of arms against the government. As acting Defense Secretary Norberto Gonzales and Lieutenant Colonel Romeo Brawner Jr. confirmed, the government has full control over Maguindanao.â€ÂÂ
Fortun added that even imminent danger of rebellion does not exist because the Ampatuans already signified their intention to cooperate with the government.
“No danger of retaliation or tumultuous uprising from the Ampatuans could therefore be expected. Thus, the claim of the government that supporters of, or the Ampatuans, were brewing a plan to publicly rise and take up arms against it is pure speculation and conjecture,†Fortun said.
“If there is anyone who is predisposed to sow dissension, it would have to be the government who seems to have a penchant for violating the law and overstretching the bounds of the Constitution just to realize what it wishes to effect. Add to this its inclination for political gimmickry during this season of wooing voters for the upcoming election, makes accurate the view of man that martial law is intended to pursue this government’s political agendas.â€ÂÂ
Fortun pointed out that the government already has control of the province since November 24 when President Arroyo declared a state of emergency in the area. The judiciary is also functioning contrary to the claims of Justice Secretary Agnes Devanadera.
He said as proof are the court-issued warrants used in raiding the four houses of the Ampatuans: those of Datu Ahmad Ampaduan, Datu Andal Ampatuan Jr., and Datu Sajid Ampatuan Sr. even though the warrant is for only Andal Ampatuan Sr. and Ahmad Ampatuan.
Fortun added that Judge Melanio Guerrero of the Regional Trial Court in Tacurong, Sultan Kudarat already issued a commitment order and set a date for the petition filed by Andal Ampatuan Jr.
“While the present state of the local judicial system may have severe inefficiencies or cause delays, it is nevertheless undeniable that it does still work,†Fortun said.
via Inquirer
