UPD USC Statement

Death of Democracy?

Electoral Violence: Death of Innocents

Two weeks ago, our entire nation was plunged into a nightmare of shock and disbelief upon hearing reports that almost sixty people had been slaughtered, their bodies tortured and defiled. As the news slowly trickled in, we learned that the victims were the contingent representing Buluan Vice-Mayor Esmael “Toto” Mangudadatu, who was planning to run in the 2010 Maguindanao gubernatorial elections. His female relatives were going to file his certificate of candidacy on his behalf, and were accompanied by 37 journalists and 2 lawyers.

This latest re-enactment of electoral violence occurred only six months away from the 2010 national elections, where thrice-elected and incumbent Maguindanao Governor Andal Ampatuan, Sr. was reportedly grooming his son, Datu Unsay Mayor Andal Ampatuan, Jr. to succeed him. It must be underscored that these are the same Ampatuans who are the Lakas-Kampi- CMD stalwarts in the region, and who had delivered the 12-0 sweep to Gloria Arroyo’s senatorial slate. And in old-fashioned quid pro quo, these are the same Ampatuans who were allowed to concentrate their power and wealth throughout the length of Arroyo’s regime, as evidenced by their vise-like hold over local politics, and backed by their private armies which had been legalized by Arroyo’s EO 546. The high-powered arms and the military vehicles discovered on the property of the Ampatuans only further strengthens the link between the Ampatuan warlords and Arroyo.

Proclamation 1959: Death of Truth

As the public outcry for justice intensified, Arroyo responded by declaring martial law over Maguindanao. In a complete turnabout, the once-sanctioned private army is now branded as a rebel group responsible for the closing down of government offices and judicial courts. In her report to Congress, Arroyo claims that these are the factual basis for declaring that an armed public uprising exists, which impelled her to put the region under martial law.

Our 1987 Philippine Constitution explicitly states that martial law can only be declared during an invasion or rebellion, when public safety requires it. The deletion of the phrase “or imminent danger” in the new Constitution meant that a mere threat of rebellion is not enough for the President to exercise this most dangerous power. We must remember that this phrase was deleted precisely because we vowed to never allow the abuse of this power, as when Marcos had used the “imminence” of rebellion as a ground when he declared martial law in 1972.

And while not a single bullet has been exchanged between the Ampatuan private army and the AFP, we are all too intensely aware that Arroyo’s Martial Law is not merely unconstitutional— it is also the greatest threat to the remaining democracy existing in our country today.

Eulogy to Human Rights

Ironically, we are presently commemorating the signing of the Universal Declaration of Human Rights on December 10. The long list depicting the human rights situation in the Philippines grows bloodier, with the Maguindanao Massacre added to the numbers of human rights violations in the Philippines. We know too well that human rights abuses had been the State policy under Marcos’ martial law, and that Arroyo’s martial law will not be any different. The fact that there has been more extra-judicial killings under Arroyo’s term than that of former Presidents Aquino, Ramos and Estrada combined, is a grim testimony that she is the number one warlord in the country.

We commemorate this Human Rights Week by reiterating our call for justice for the Maguindanao Massacre victims and all victims of human rights violations. The International Day of Human Rights is a timely reminder that we should remain vigilant in protecting our democracy, and advancing our human rights. We call on all Iskolars ng Bayan to unite against tyranny, and ensure that justice and democracy prevail.

Uphold and Defend Human Rights!

Never again to Martial Law!

Oust GMA!

UP DILIMAN - UNIVERSITY STUDENT COUNCIL

Death of Democracy?

Electoral Violence: Death of Innocents

Two weeks ago, our entire nation was plunged into a nightmare of shock and disbelief upon hearing reports that almost sixty people had been slaughtered, their bodies tortured and defiled. As the news slowly trickled in, we learned that the victims were the contingent representing Buluan Vice-Mayor Esmael “Toto” Mangudadatu, who was planning to run in the 2010 Maguindanao gubernatorial elections. His female relatives were going to file his certificate of candidacy on his behalf, and were accompanied by 37 journalists and 2 lawyers.

This latest re-enactment of electoral violence occurred only six months away from the 2010 national elections, where thrice-elected and incumbent Maguindanao Governor Andal Ampatuan, Sr. was reportedly grooming his son, Datu Unsay Mayor Andal Ampatuan, Jr. to succeed him. It must be underscored that these are the same Ampatuans who are the Lakas-Kampi- CMD stalwarts in the region, and who had delivered the 12-0 sweep to Gloria Arroyo’s senatorial slate. And in old-fashioned quid pro quo, these are the same Ampatuans who were allowed to concentrate their power and wealth throughout the length of Arroyo’s regime, as evidenced by their vise-like hold over local politics, and backed by their private armies which had been legalized by Arroyo’s EO 546. The high-powered arms and the military vehicles discovered on the property of the Ampatuans only further strengthens the link between the Ampatuan warlords and Arroyo.

Proclamation 1959: Death of Truth

As the public outcry for justice intensified, Arroyo responded by declaring martial law over Maguindanao. In a complete turnabout, the once-sanctioned private army is now branded as a rebel group responsible for the closing down of government offices and judicial courts. In her report to Congress, Arroyo claims that these are the factual basis for declaring that an armed public uprising exists, which impelled her to put the region under martial law.

Our 1987 Philippine Constitution explicitly states that martial law can only be declared during an invasion or rebellion, when public safety requires it. The deletion of the phrase “or imminent danger” in the new Constitution meant that a mere threat of rebellion is not enough for the President to exercise this most dangerous power. We must remember that this phrase was deleted precisely because we vowed to never allow the abuse of this power, as when Marcos had used the “imminence” of rebellion as a ground when he declared martial law in 1972.

And while not a single bullet has been exchanged between the Ampatuan private army and the AFP, we are all too intensely aware that Arroyo’s Martial Law is not merely unconstitutional— it is also the greatest threat to the remaining democracy existing in our country today.

Eulogy to Human Rights

Ironically, we are presently commemorating the signing of the Universal Declaration of Human Rights on December 10. The long list depicting the human rights situation in the Philippines grows bloodier, with the Maguindanao Massacre added to the numbers of human rights violations in the Philippines. We know too well that human rights abuses had been the State policy under Marcos’ martial law, and that Arroyo’s martial law will not be any different. The fact that there has been more extra-judicial killings under Arroyo’s term than that of former Presidents Aquino, Ramos and Estrada combined, is a grim testimony that she is the number one warlord in the country.

We commemorate this Human Rights Week by reiterating our call for justice for the Maguindanao Massacre victims and all victims of human rights violations. The International Day of Human Rights is a timely reminder that we should remain vigilant in protecting our democracy, and advancing our human rights. We call on all Iskolars ng Bayan to unite against tyranny, and ensure that justice and democracy prevail.

Uphold and Defend Human Rights!

Never again to Martial Law!

Oust GMA!

UP DILIMAN - UNIVERSITY STUDENT COUNCIL

SC extends voter’s registration until Jan. 9

Good News!

Supreme Court unanimously acted in favor of KABATAAN PARTYLIST'S petition to extend voters' registration to January 9 2010. For those who haven't registered yet, Go out and Register!






SC extends voter’s registration until Jan. 9

By Norman Bordadora, Kristine L. Alave, Gil C. Cabacungan Jr.
Philippine Daily Inquirer
First Posted 02:37:00 12/16/2009

http://newsinfo. inquirer. net/inquirerhead lines/nation/ view/20091216- 242247/SC- extends-voters- registration- until-Jan- 9

MANILA, Philippines—The Supreme Court Tuesday upheld a petition by a youth party-list group and directed the Commission on Elections (Comelec) to extend voter registration up to Jan. 9.

Comelec Chair Jose Melo said the commission would carry out the court’s directive, but expressed concern that it could hamper preparations for the country’s first nationwide computerized elections in May.

In the House of Representatives, Speaker Prospero Nograles said lawmakers, worried over delays in the Comelec timetable, were looking at the possibility of conducting a “hybrid” poll automation, combining manual counting and electronic transmission of results.

In a nine-page unanimous decision, the Supreme Court nullified a Comelec resolution that had set the deadline for registration on Oct. 31. The exercise began in December 2008.

The decision penned by Associate Justice Conchita Carpio-Morales found merit in Kabataan party-list Rep. Raymond Palatino’s petition citing the Voter’s Registration Act of 1996.

“The clear text of the law,” the court said, “decrees that voters be allowed to register daily during regular office hours, except during the period starting 120 days before a regular election and 90 days before a special election.”

The tribunal held that the Electoral Reforms Law of 1987 and the Automated Elections Law gave Comelec the authority to fix periods and dates for pre-election activities only if they could not be reasonably held within the period provided by law.

It added that Congress itself had determined that the period of 120 days before a regular election or 90 days before a special election was enough time for the Comelec to make all the necessary preparations for the coming elections.

These preparations include completion of project precincts, composing the boards of election inspectors, finalizing the computerized voter’s list, supervision of the campaign period, and preparation, bidding, printing and distribution of voter’s information sheet.

10 days early

Palatino argued that the deadline for voter’s registration on Oct. 31 was 70 days earlier than that prescribed by the law.

He said previously that the Comelec should not completely blame those who had failed to register, pointing out the poll body was responsible for ensuring that there would be an efficient registration process that could accommodate as many voters as possible even in the crush of deadline.

4M disenfranchised

Citing data from the National Statistics Office, Palatino said the Comelec disenfranchised roughly 4 million first-time voters when it stopped accepting new registrants on Oct. 31.

He said that there were 3.8 million first-time voters from age group 18 to 19 alone, while half of the 8.8 million in the age group 20 to 24 could be projected as new registrants for 2010.

“Based from this data, we can roughly project at least 7 million first-time voters for 2010,” Palatino said.

Melo told reporters the poll body set an early deadline to allow more time for the printing of ballots. Each ballot is expected to be two feet long and will contain on each side 300 names of aspirants for various contests from the president down to municipal councils.

He voiced apprehension that the names of new voters submitted next month would not be able to reach the precincts on time. “It would be difficult to update the list. The certified voter’s lists are already on the pipeline,” Melo said.

According to the Comelec calendar, the National Printing Office should start printing the ballots by the first week of January.

The Comelec recently said that there were 49,225,089 Filipinos who had registered to participate in the 2010 presidential and national polls, up from 45.02 million in 2007 and 43.5 million in 2004.

Hybrid automation option

Nograles said that he was keeping the bill of Cebu Rep. Pablo Garcia for a manual count and electronic transmission in case there was a need for legislation to shift from full automation to hybrid.

Education Secretary Jesli Lapus on Monday said that the start of the training program for 400,000 teachers set last month had been moved back to either March or April.

Nograles said that this was unacceptable as it would only give the teachers less than three months to prepare.

“I recall that the P11-billion budget specifically stated that the training of teachers should last at least six months,” he said.

Machines’ delivery delayed

The counting machine supplier, Smartmatic-Total Information Management Inc. (TIM), informed the Comelec that the first batch of 42,000 units would only be delivered by January due to heavy sea traffic and the high shipping cost during the holidays.

Nograles said the delivery of the machines and the training of teachers were necessary to carry out full automation under the law or else the government had to map out contingency plans in case the suppliers fail to come up with their end of the deal.

“We’re really concerned about the delays,” he said.

Triumph, says Bro. Eddie

Bro. Eddie Villanueva, presidential candidate of Bangon Pilipinas Party, said that the court ruling was a “triumph” for the Filipino voters.

In a statement, Villanueva described the upcoming vote as “the most important to the country after the restoration of democratic institutions in 1986.”

“Filipinos are crying for genuine change. They see the 2010 elections as the key to effectuate this change,” he said.

U AVE

SINAGBAYAN
Sining na Naglilingkod sa Bayan
in cooperation with
OICA
Office for Initiatives in Culture and the Arts

invites you to

U Ave

a musical play
directed by Soc Jose
concept written by Prof. Rommel Rodriguez
choreography by Marfred Waddell
music by Rolando Cedano and Maryjane Alejo

for the benefit of disaster-stressed families in Marikina and Cordillera Region

December 12 and 13
3:30 PM 7:30 PM
Aldaba Recital Hall, University of the Philippines, Diliman

For ticket reservations and for more info on how you can help, contact +63906.3504141
Relief goods and other donations may be dropped at the show booth.



Regards,
Joan Lerio
SINAGBAYAN Sining na Naglilingkod sa Bayan
Art for the People



www.youtube.com/sinagbayan
www.facebook.com/sinagbayan
www.facebook.com/uave2009
www.multiply.com/sinagbayan

OSR on the 2 Billion UP Budget Cut

Slashed UP Budget for 2010 spells more fee increases in the coming year

Militant struggle for democratic rights must counter Arroyo government's framework of diminishing budget for education and other social services.

Yet again, the Filipino people are cast in a bleak spot with the approval of the P1.541 trillion national budget by the House of Representatives. While the Arroyo government is all praises with the proposed 2010 budget, dire times await us, ordinary citizens.

The budget for 2010 increased by 8.1% from this year's P1.426 trillion. However, such increase will be hardly felt in terms of social services as a big portion of it was automatically allocated to debt payments. Allocation for debt payments has increased by P88 billion eating up more than 22% of the national budget.

Meanwhile, Malacañang remains unmoved by the deteriorating state of the education sector. In 2010, the budget for state universities and colleges will be reduced by more than P3 billion from P24.228 billion in 2009 to 21.034 billion this year. After being battered by disaster after disaster, from Ondoy to Pepeng, the whole nation hopes for relief through social services. But with this kind of allocation, the Arroyo administration exposes its clear priority of pleasing its foreign donors through debt servicing -- much to the detriment of the Filipino people.

Manifest government abandonment of UP and other State Universities

Based on the proposal submitted by the UP administration to the Department of Budget and Management, UP would need an allocation of P18.3 billion to sustain its programs. However, the Congress-approved budget would force the University to make do with just a little more than 1/3 of its proposed budget. The allocation of P5.289 billion would hardly be enough to cover for the growing needs of the University and its constituents.

Broken down, UP's expenditures is subdivided into: Personnel Services (PS), Maintenance and Other Operating Expenses (MOOE) and Capital Outlay (CO). PS is intended for the salaries of UP's faculty and non-academic workforce, MOOE for the expenses on utilities, repairs and maintenance of facilities and CO is intended for the construction of infrastructure such as the student dormitory for UP Mindanao and UPV Tacloban and buildings for UP Diliman Extension Program in Pampanga.

This year, PS grew by P236 million compared to the allocation in 2009. However, the increase was due to the adjustments to the salaries of government employees including those of UP. While PS increased, allocations for MOOE and CO experienced huge reduction. MOOE was slashed by a whopping P280 million while CO got ZERO allocation or a cut of P2 billion.
Other state universities and colleges like the Polytechnic University of the Philippines (PUP) and Philippine Normal University (PNU) also got huge cuts in their budget. PUP's budget was slashed by P43 million while PNU by P12 million.

Services sacrificed, students pay for services

Again, students are put in the spot with the gaping hole caused by this budget cut. Given their way, the UP administration would thus resort to its most convenient alternative of sacrificing services while forcing students to pay for these services.

Among the clear indications of such moves are the following:
1.) freezing the development or creation of new academic programs;
2.) shelving construction of much needed infrastructure such as academic buildings, dormitories, and for UP Mindanao in particular, well-paved access roads;
3.) cost-cutting measures such as imposition of curfews, non-provision and/or demolition of org tambayans, etc.;
4.) streamlining of academic programs (in the case of UPV Cebu College, the reduction of enrolment and planned closure of its High School program);
5.) imposition of more expensive and additional laboratory fees; and
6.) imposition of exorbitant fees on facilities like conference halls/rooms, audio-visual rooms, meeting halls, gymnasia, LCD projectors, and/or other multimedia equipment.

Further Commercialization

The University is treading the dangerous path of commercialization and eventual privatization. Following the national framework laid down by the Long-Term Higher Education Development Plan (LTHEDP), the UP administration is now vigorously and consciously engaged in schemes that acquiesce to the policy of state abandonment. In its objective to be "self-sufficient" , the Roman administration is busy marketing the University's assets. These assets were granted to the University supposedly for academic purposes and also to democratize access through broadening UP's presence in the country.

To make the commercialization of UP's assets acceptable to its constituents, the UP administration is leasing out properties to big corporations while bandying the great lie that this effort is in line with the University's academic, research and extension work. The UP – Ayala Techno Hub in Diliman is a glaring example of this lie as restaurants, call centers and banks which do not engage in academic pursuits inhabit the area. The conversion of assets for business interests is now being replicated or proposed in other units like UP Los Baños, UP Manila and UPV Cebu College.

Our weapon: Collective and Militant Action

With this scenario, Iskolars ng Bayan are thus challenged to put a big fight against the budget cut imposed on UP and the rest of the State Universities and Colleges. We must assert greater priority to and higher budget for the education sector. History has been witness that only through our collective and militant action can we emerge victorious in the fight for our right to education. Laban mga Iskolars ng Bayan!

Badyet ng UP at lahat ng SUCs, dagdagan, huwag bawasan!
Tutulan at labanan ang pagtalikod ng pamahalaan sa obligasyon nito sa pampublikong edukasyong tersaryo!
Irechannel sa serbisyong panlipunan ang badyet na inila'an sa pagbabayad ng utang panlabas!




-OFFICE OF THE STUDENT REGENT

Statements on the declaration of martial law in Maguindanao by BAYAN, College of Law Dean Leonen, College of Law Prof Ted Te

(From Mr. Terry Ridon)

Here are three statements on the declaration of martial law in Maguindanao: from BAYAN, from UP Law Dean Marvic Leonen and from UP Law Professor Theodore Te:


BAYAN MUNA
Statement on the declaration of Martial Law in Maguindanao
Press Statement
December 5, 2009

Statement on the declaration of Martial Law in Maguindanao

The declaration of a state of Martial Law in Maguindanao sets a most dangerous precedent for the nation. Not since September 21, 1972 has there been any declaration of Martial Law, not even during the years of tumult under the Aquino, Estrada and, prior to this, the Arroyo regime. For the first time since 1972, the writ of habeas corpus has been suspended in an area in the Philippines.

We reiterate our call for justice for the victims of the Ampatuan Massacre but we cannot support measures that are both dangerous and questionable.

The alleged purpose of Proclamation 1959 is the arrest of the Ampatuan family members who are implicated in the November 23 Ampatuan, Maguindanao massacre. The regime justifies the declaration in saying that civilian institutions, especially the courts, are no longer functioning and that the dispensation of justice would not be possible.

The Constitution says Martial Law can only be declared during an invasion or during a rebellion. The failure of civilian government institutions, as in the case of the local government offices and courts in Maguindanao, cannot be used as a pretext for declaring Martial Law. The difficulty of gathering evidence, securing warrants and enforcing arrests also cannot be used as a basis for the declaration.

We demand the lifting of Martial Law in Maguindanao and the restoration of the civilian government institutions. Martial Law cannot solve the problem of state-sponsored warlordism and violence in the province. Martial Law will always lead to abuses because those implementing it, the Armed Forces of the Philippines and the Philippine National Police, have very poor human rights records.

The national government must endeavor to restore the civilian administrative and judicial institutions in the province.

If Mrs. Arroyo refuses to lift the declaration, we call on Congress to exercise its powers to revoke Martial Law. Mrs. Arroyo is required by the Constitution to report to Congress within 48 hours. It falls on Congress, though dominated by Arroyo loyalists, to revoke this dangerous declaration. We must not wait for the maximum 60-day period allowed by the Constitution for the enforcement of martial rule. The leaders of the Lower House and Senate must convene within 24 hours to address this issue.

That Martial Law has been declared in a province less than six months before the national elections raises fresh fears that similar scenarios can also follow, thus severely undermining the conduct of the 2010 polls. We must not allow this scenario to be replicated in other regions for whatever pretexts.

The Arroyo regime and its police and military have to be made accountable for its role in arming the Ampatuan family. The recently discovered arms cache in the Ampatuan residence shows the complicity of the AFP, PNP and the regime in supplying weapons to the local warlords. With this kind of track record, how do you trust the AFP and PNP with the vast powers of Martial rule? This kind of corruption and complicity cannot be solved by the declaration of Martial rule. l

We have learned the bitter lessons of Martial Law even as we are acutely aware of the propensity for abuse by the current regime. As we continue to demand justice for the victims of the Ampatuan massacre, we call on the public to remain vigilant at this time against possible abuses on civilians that may stem from this declaration. ###
============ =======




Martial Law is Not a Substitute for Competent Police Work:
Statement on the Reported Proclamation of Martial Law in Maguindanao
[This note is Public Domain and may be circulated]


Marvic M.V.F. Leonen
Dean and Professor of Law
University of the Philippines


The heinous massacre of civilians in Ampatuan, Maguindanao deserves competence of the highest order in the gathering, preserving and evaluation of evidence as well as in the subsequent arrest and prosecution of its perpetrators. It should also be the platform for a sober approach that will comprehensively address the issue of private armies of misguided politicians. Any meaningful solution should be led by civilians preferably those who can remain independent of influence from national public officials who have openly declared partisan interests in the upcoming election.

The reported declaration of Martial Law in Maguindanao should be assessed in this light as well as in terms of its compliance with the very stringent requirements contained in the 1987 Constitution.

The President should also observe an extraordinary level of transparency and accountability with this declaration. She must clearly demonstrate why martial law needs to be declared. The proclamation of Martial Law can be used as a means to gain unfair advantage in the upcoming elections or as an excuse to declare a failure of elections contrary to the people’s will. The need for transparency and accountability is even more urgent given the unnecessary proclamation from the spokespersons of the Office of the President that the incumbent has remained “friends” with those widely suspected of having committed the atrocities in Mindanao. The need for transparency and accountability is also necessary in the light of the role of the suspected perpetrators in the controversies surrounding the 2004 elections.

Under the 1987 Constitution, martial law can only be declared in cases of invasion or rebellion and only when public safety demands it. Rebellion requires that there is at least a taking up of arms publicly directed against an existing government. Martial law cannot be declared because the state has failed to prevent massive human rights violations by leaders that the national government itself has nurtured. Martial law cannot be proclaimed to cover up the lack of professional competence in the gathering, preservation, evaluation of evidence and in the arrest and detention of the perpetrators. Martial law is also not the proper legal response to the issuance of a writ of amparo in favor of the Ampatuan family.

A report on how the proclamation was executed must be made within 48 hours of its proclamation to both the House of Representatives and the Senate. Congress must convene within 24 hours after it is proclaimed. Any proclamation of martial law by the President can only have a maximum effectivity of 60 days. This can be revoked (or extended) by Congress. Any revocation by Congress cannot be overturned by the President. In case martial law has been proclaimed, the electoral ambitions of all members of the House of Representatives and the Senate should be put aside so that they can observe their obligations required in the Constitution.

The proclamation of martial law does not supplant the civilian bureaucracy. It does not supplant the operation of the Constitution including its provisions for the protection of individual and collective rights. It does not supplant the operations of local government nor the fact that local governance is subject to existing law. Martial law does not automatically suspend the writ of habeas corpus or justify illegal arrests and detention. In other words, it is not authority for the Commander in Chief or the military to replace civilian government. Certainly, the public should be encouraged to engage the courts should there be any violation of any provision of law or the constitution.

Abuse of executive privilege will only tarnish the memories of those who have been martyred by the violent excesses of misguided public officials. I call for vigilance for competent, transparent, accountable government as well as for the protection of human rights of peoples in Mindanao.
Quezon City, December 5, 2009

Provisions in Article VII of the 1987 Constitution
“Sec. 18. 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. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The 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. Upon the initiative of the President, the Congress may, in the same manner, 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.

“The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

“The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

“A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or the legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

“The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

“During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.”
============ =======



WHEN WE SAID NEVER AGAIN, WE MEANT IT
Prof. Theodore Te
College of Law


Which part of "Never Again" did you fail to understand?
The decretal portion of Proc 1959, as read by the Executive Secretary:

THEREFORE, I, GLORIA MACAPAGAL-ARROYO, PRESIDENT OF RP, DO HEREBY PROCLAIM AS FOLLOWS:

SEC. 1 - THERE IS HEREBY DECLARED A STATE OF MARTIAL LAW IN THE PROVINCE OF MAGUINDANAO EXCEPT FOR THE IDENTIFIED AREAS OF THE MORO ISLAMIC LIBERATION FRONT AS REFERRED TO IN THE IMPLEMENTING OPERATIONAL GUIDELINES OF THE GRP-MILF AGREEMENT ON THE GENERAL CESSATION OF HOSTLITIES.

SEC. 2 - THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS WILL LIKEWISE BE SUSPENDED IN THE SAID AREAS FOR THE DURATION OF THE STATE OF MARTIAL LAW.
DONE IN THE CITY OF MANILA, THIS 4TH DAY OF DECEMEBER, 2009. SIGNED, GLORIA M. ARROYO.


What is immediately apparent is that there is no period specified and none of the grounds in the Constitution would fit--unless these grounds are yet to happen according to good old military inteligence.

Meantime, it is left to both Houses of Congress--this time clearly voting jointly (ehem ehem ehem, can you say "cha cha" as well as "choo choo"?)--and the 93% Gloria-appointed Court to decide on this issue.

------------
The relevant portion of the 1987 Constitution (which, if you put side by side with the proclamation, will clearly show the infirmity of the declaration) --

"ART. VI, SECTION 18. 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. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The 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. Upon the initiative of the President, the Congress may, in the same manner, 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.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without any need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ.

The suspension of the privilege of the writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released."

MORG LIVE 4 THE VOTE

University of the Philippines Musicians’ Organization (MOrg)

in cooperation with

RockEd

and

University Rock

bring you

MORG LIVE

4 THE VOTE

Paz Mendoza Parking Lot

11 December 2009, 6pm

Tickets sold at PhP 79

UPM ACLE

ALTERNATIVE CLASSROOM LEARNING EXPERIENCE ’09 (ACLE) is on December 15 from 1:00-5:00 pm.

Enlistment is from Monday (Dec. 7) to Friday (Dec. 11) at the LT walk.







All 1st and 2nd year students of UPM and 3rd and 4th year students of CAS are excused from classes and are required to attend.





The University Student Council under the Committee on Academic and Freshmen Affairs will spearhead the Alternative Classroom Learning Experience on December 15, 2009, Tuesday, 1pm to 5pm. This aims to provide a fresh and fun learning atmosphere to the student body on topics of interest that are not commonly taught inside the classroom. Also this will give an opportunity for all the university and college-based organizations to exercise managerial skills and at the same time, an opportunity for all the organizations to interact under one exclusive event.


Rules on Enlistment:

1) Classes on December 15, from 1:00 to 5:00 pm are cancelled to give way for the ACLE thus, 1st and 2nd year students of UP Manila and 3rd and 4th year students of CAS are required to attend.

Note: Class cards will be given at the end of the activity which will be presented to your respective professors to be counted as attendance for the day.

2) Class cards will be only available for students who have enlisted to a particular activity.

3) Date of enlistment is from December 7 to December 11 from 8am to 5 pm.

4) Each student can only sign up on 1 activity.

5) One may change his/her choice only ONCE and should be within the week of enlistment.


Note: Classroom assignment will be posted on December 8.
For any questions, pls feel free to contact Mitzie Castro at 09273499287 or 09227173649.Thank you very much and looking forward to your positive response.