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Groups petition Philippines Supreme Court to reject martial law declaration

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The National Union of People's Lawyers (NUPL) and other groups on Monday petitioned the Philippines Supreme Court to reject a proclamation by President Gloria Macapagal-Arroyo imposing martial law and suspending habeas corpus in the province of Maguindanao. The groups claim that Arroyo exceeded her constitutional authority to impose martial law by making the proclamation in the absence of either a rebellion or invasion, the two circumstances in which martial law is allowed under Article VII Section 18 of the Philippine Constitution. As mandated by the constitution, the Congress of the Philippines will review the proclamation on Tuesday and decided whether to support the move by a majority vote. The proclamation was announced on Saturday, and is a result of instability in the province following a politically motivated attack that left 57 dead last month. Government authorities on Friday arrested several suspects in connection with the attack, including Maguindanao Governor Andal Ampatuan Sr., and subsequently discovered an "arsenal of weapons" buried nearby. Military officials believed that rebels loyal to the Ampatuan family intended to launch a rebellion. The family is suspected of ordering the November 23 attack against political rival Esmael Mangudadatu, who was traveling with family, aides, and journalists to file as a candidate in an upcoming gubernatorial election.

Full post as published by JURIST - The Paper Chase on December 08, 2009 (boomark / email).