Lex Fori Philippines

Law, lawyering and everything in between.

  • Pages

  • Subscribe

  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 129 other followers

  • DISCLAIMER

    Any opinion, information or remark made on this site, including any response to queries or comments posted, should not be regarded as a complete and authoritative statement of the law. There is no warranty as to the completeness or accuracy of the information and the authors will not be liable for any loss or damage relating to the use or reliance thereon. A grain of salt is recommended. No recipient of any information or content from this site should act or refrain from acting on the basis of such information or content. Consult your favorite legal representative. Use of this website does not and will not create any legal relationship between the authors and the receiver/user/reader and any lawyer-client privilege will not apply.

Martial Law in Maguindanao (Proclamation 1959) Lifted

Posted by lexforiphilippines on December 17, 2009

On 12 December 2009, President Gloria Macapagal Arroyo lifted the declaration of martial law and the suspension of the writ of habeas corpus in Maguindanao.  The lifting took effect at 9:00PM on 12 December 2009.

According to Executive Secretary Eduardo Ermita, who announced the lifting, the objectives of Proclamation 1959 have been achieved, hence, the President’s decision to approve the unanimous recommendation by the National Security Council (NSC), based on a review and assessment of the situation on the ground.

The objectives of Proclamation 1959, which the Office of the President said had been accomplished, were:

(a) Quell the rebellion in Maguindanao;

(b) Arrest the suspects in the 23 November 2009 Maguindanao massacre;

(c) Secure the safety of witnesses in the massacre;

(d) File appropriate charges against the suspects;

(e) Disarm illegal armed groups;

(f) Restore law and order and press freedom; and

(g) Restore civilian government.

On 14 December 2009, the Senate passed Resolution No. 1522 expressing the sense of the Senate that the proclamation of martial law in Maguindanao is contrary to the provisions of the 1987 Philippine Constitution.

On 15 December 2009, the last day of the joint session of Congress on Proclamation 1959, Congress ended its deliberations on whether or not to revoke the said Proclamation.

It remains to be seen if the Supreme Court would consider the petitions to nullify Proclamation No. 1959 moot, or if it would rule on the sufficiency of the factual basis of said Proclamation.  Under the 1987 Constitution, the Supreme Court has 30 days from the filing of the said petitions to issue its ruling.

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

 
%d bloggers like this: