A petition asking the Philippine Congress to revoke the martial law in Maguindanao province

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An appeal to the Philippine Congress to revoke the martial law in Maguindanao province

I am writing to express my concern regarding the issuance of Proclamation No. 1959, which has declared a state of martial law and has suspended the privilege of the writ of habeas corpus, except in some areas, in the province of Maguindanao in southern Philippines.

I understand that President Gloria Macapagal-Arroyo signed Proclamation No. 1959 on December 4. Under Article 7 section 18 of the 1987 Philippine Constitution, and that she has the power to declare a state of martial law. However I am deeply concerned that the constitutional justifications for martial law have not been met.

Firstly the Constitution clearly requires that only in 'case of invasion or rebellion, when the public safety requires it' can martial law be declared. I have learned that the declaration was prompted by the police' difficulty in arresting those involved in the Maguindanao massacre, in particular the Ampatuans, a powerful political clan, who have been accused of having involvement in the massacre.

Yet it is unacceptable that, for reasons of certain police difficulties in arresting, detaining and of conducting searches in a certain case, that martial law had to be declared. I believe that these are failures of rudimentary police duties, and should not require such an action.

Although the Maguindanao massacre, which killed 57 people, is a crime and a human rights violation of unprecedented significance in the Philippines, to abandon the principles of legality to resolve it is unacceptable. The fundamental rights of the people of Maguindanao, which covers 36 towns and with a population of over 1 million, should have not been undermined in prosecuting the perpetrators.

Secondly, few hours after the martial law was declared, over 47 or so people, most of them male civilians, were taken in police custody to the provincial police headquarters in Ampatuan, Maguindanao; few informed of the charges laid on them before being detained in police and military custody, and subjected to questioning, without the legal counsel of their choice. A fair trial, equality before the law, and the principles of legality in criminal procedures are fundamental rights that should have been observed, even during martial law.

I therefore urge you to uphold the protection of fundamental of rights by unequivocally and immediately revoking Proclamation 1959. I am deeply concerned that if this does not happen, the police and the military will continue to commit illegal acts and violate fundamental rights with impunity.

Yours sincerely,

16 Signatures

  • Md. Ashrafuzzaman
    • Comments
    • Martial Law must be revoked immediately.
  • Norman Voss
  • LG. Abella
    • Comments
    • I am strongly vouch to oppose of the implementation of MARTIAL LAW in our COUNTRY. This is not the solution of the problem we face in our country.The only problem of which we face is that all official that are seated in the office are hungry for their own power and they are looking forward for their own interest and not for all country men. We are the one who make money for our country so we have the right to suggest of what we would like to, specially for the future of our siblings. During In the Marcos regime we are not happy for that, in fact, we face more problems due to their power that could not be cut off.( immortal due to their power ) They can make of what they want to, no matter how and nobody can defy for that cause they are in the power. So why we should try for another MARTIAL LAW?We are now in the Democratic nation we need now a true LEADER that can lead our country to be fruit full in the future so that all of us should work in our own country with dignity.
  • Rita Melecio, Task Force Detainees of the Philippines, Mindanao
    • Comments
    • I think Martial law is not necessary in addressing this issue in Maguindanao. the government has all the means, we have the military, the Police and etc. What we need is an effective investigation and prosecution in order to obtain justice to all the victims of human rights violations. We feared that Martial law might be used as an excuse to violate the human rights of the civilians in maguindanao whose rights have long been violated because of their situation in evacuation centers.
  • Samuel Joseph de Guzman
  • Canon Barry Naylor Hon President CHRP (UK)
  • Jin Ju
  • King Alfonso
    • Comments
    • It is the government of Arroyo that should be condemn and Arroyo regime should not confuse people's mind about this Massacre in order for her to retain power. The Maguindanao Massacre is a sign of a paralytic governance and incompetence to solve a very simple tribal problem, the reason for this is because the government wishes this to happen so she could impose her legitimacy to rule. Ang baho mo na Arroyo at ipinag-gigiitan mo ang iyong sarili sa pwesto, at sinusuportahan ka ni Palparan Payatot para manatili. You are just using this massacre to divert , confuse the mind of people that Martial Law is necessary, We are not be fooled anymore. We distinguish you as the leader of the warlords and a criminal. You are to blamed on this Massacre!!!! NO TO MARTIAL LAW! WE DON"T NEED IT! LET ARROYO STEP DOWN A
  • Emma Bial
  • James Balowski
    • Comments
    • Asia Pacific Solidarity Network
  • Susan Cueva
  • Paul-Francois Tremlett
  • Dunhill Angelo Maraya
  • R Fagarang
  • maria rovelyn bueno
    • Comments
    • revoke the martial law please let's not repeat the history again...we have to save our Fellow Filipinos
  • Mary Beth Dumlag