Babe's Eye View article

The morning after news of the November 23 massacre in Maguindanao broke out in ANC, there was an outburst of outrage and indignation as people cried out for the blood of the Ampatuans. Such was the magnitude and atrocity of the murders that even people like Brother Eddie Villanueva said there was no need for due process in order to arrest the Ampatuans because the massacre is a continuing crime.

That a “man of God” should say something like that shows the strong fury people all over the world felt—aghast and horrified that there are people who have the stomach to execute hapless women, journalists and innocent civilians in such a gory manner. Organizations like the International Press Institute and Reporters Without Borders called it the single biggest incident of the wholesale slaughter of journalists in one day in the history of journalism.

GMA critics wanted her to exert strong-arm tactics to get the Ampatuans, twitting her for the “slow response” of government in the aftermath of the massacre. There was even more outrage at the revelation of the warlord clan’s enormous wealth, seen in palatial homes and mansions despite Maguindanao being the third poorest province in the country.

Add to that discovery of a huge cache of high powered firearms, ammunitions and armored personnel carriers owned by the Ampatuans, plus the existence of a private army believed to number as much as 2,000. The extreme fear for the Ampatuan clan is seen with all judges going on leave and government personnel refusing to sign the death certificates of victims. In short, no one wanted to be associated with any process deemed inimical to the suspected perpetrators and masterminds.

Last week, GMA declared Maguindanao province under a state of martial law which allowed military personnel to conduct arrests and search Ampatuan properties including a warehouse that revealed an unbelievable stockpile of armaments like propeller missiles, rockets and warheads for attack helicopters. It took six hours to load up the find in three six-by-six military trucks.

But now that the president is employing a hard-line approach, people are still angry. Anti-GMA groups quickly pounced on her, seeing yet another conspiracy theory for GMA to perpetuate her hold on the presidency, using the Maguindanao situation as a test case before placing Metro Manila and eventually the entire country under a state of martial law. Still others see a sinister plan to eventually get the Ampatuans—known allies of the administration—off the hook since rebellion is a pardonable offense.

One military man told me they were doing their best to clean up the mess following usual procedures, but they were getting condemned for being “too slow.” Yet even with martial law, people are still angry. But for those who have to live with the situation in Mindanao where lawlessness has become the rule rather than the exception, martial law is an extraordinary solution for an extraordinary situation, a means to curb the continuing lawlessness in the region.

Besides, the military general designated as martial law administrator of Maguindanao enjoys the trust of civil society groups. Lt. Gen. Raymundo Ferrer is a Mindanao “veteran” known for having a no-nonsense attitude complemented by his peace-building initiatives, sending soldiers to workshops on conflict resolution and crisis management, instilling in them the need to be familiar with the history and culture of the people of Mindanao.

But the real problem, as one businessman puts it, is that people have come to dislike and distrust the president as seen in her negative ratings. Proclamation 1959 has generated paranoia, suspicion and heated debates on whether the president’s move has constitutional basis or not. In fact, the fireworks in the joint session of Congress gave rise to speculations that Reps. Teddy Boy Locsin and Digs Dilangalen might join Manny Pacquiao in Las Vegas as an undercard bout for the Pacquiao-Mayweather fight.

In any case, even an eminent constitutional expert like Fr. Joaquin Bernas had opined that “the requirement of rebellion for purposes of constitutional law is satisfied if there exists an armed force whose activities have the effect of preventing government from implementing its laws in any part of the country.” The paranoia, he says, is due to the low credibility of the person who declared martial law.

The fears are understandable considering the country’s experience with martial law under Ferdinand Marcos—who uncannily put the country under martial law exactly 28 years to the day it was first declared by Jose P. Laurel on September 21, 1944 through Proclamation 29. But those who agree with GMA’s decision say there should be no problem with it as long as the rule of law prevails. As Senate President Juan Ponce Enrile commented, Proclamation 1959 has “no teeth,” since “the tiger of martial law has been defanged” by safeguards in the Constitution.

Ironically, it’s the same Constitution’s ambiguities and loopholes that give rise to legal questions and dissenting interpretations. It has outdated economic provisions regarding media ownership for instance, despite the fact that we are already living in a global village. Besides, international outfits like CNN and BBC are being seen locally anyway. The Constitution has many infirmities and unclear provisions, which is why the Supreme Court today is swamped with so many cases and petitions involving Constitutional questions.

At any rate, what we are seeing is a Catch-22 situation with government facing a “damned if you do, damned if you don’t” position, where every move is met with disagreement, hysteria and suspicion. As the Tagalog expression goes—“kaliwa’t kanan dedbol.”