THE DECLARATION of a state of martial law in most of Maguindanao province has steered clear of a stay order sought from the Supreme Court (SC).
In a press conference yesterday, SC deputy spokesman Gleo Sp. Guerra said: "I think the court did not feel there is a need to issue a temporary restraining order."
By not issuing an injunction, she clarified that the court still considers as urgent the five petitions filed on Monday questioning the constitutionality of Proclamation 1959.
"As a matter of fact, the respondents [in the case] were just given five days to comment on the petitions, or until Dec. 14. The five-day period is non-extendible," Ms. Guerra said.
By then, she added, the high court would decide if there is a need to hold oral arguments on the issue.
Martial law was imposed in Maguindanao on Dec. 4 to curb "lawless violence" after the Nov. 23 mass murder of 57 persons allegedly due to political rivalry between two clans. The proclamation stays for 60 days unless revoked by Congress or rescinded by the high court.
Five petitions have so far been filed with the SC to quash Proclamation 1959.
The first was that of Philip Sigfrid A. Fortun and Albert Lee G. Angeles, lawyers for the Ampatuan family whose members have been implicated in the gruesome murders.
The other petitions were filed by Maguindanao Rep. Didagen P. Dilangalen (1st district); Bayan Muna party-list Rep. Satur C. Ocampo, Gabriela Women’s Party Rep. Liza L. Maza and the National Union of Peoples’ Lawyers led by Neri Javier Colmenares; former Senate president Jovito R. Salonga and lawyers Raul C. Pangalangan, Emilio Capulong, Florin T. Hilbay and lawyers from the Roque and Butuyan Law Offices headed by Herminio Harry L. Roque, Jr.; and a law student named Joseph Nelson Q. Loyola.
The petitioners said there was no actual rebellion in Maguindanao to justify the imposition of martial law, a requirement provided for in the Constitution.
Transfer of venue
Meanwhile, Ms. Guerra said the high court en banc approved the transfer of the multiple murder case against Datu Unsay Mayor Andal U. Ampatuan, Jr., principal suspect in the mass slay in Ampatuan town, Maguindanao, and other John and Peter Does to the Quezon City Regional Trial Court from the Cotabato Regional Trial Court.
She said the hearings would be held within Camp Crame, the Philippine National Police headquarters, which is within the territorial jurisdiction of the Quezon City court.
The transfer was requested by acting Justice Secretary Agnes VST. Devanadera due to security concerns.
Ms. Guerra said the high court has directed Quezon City trial court Executive Judge Ofelia A. Marquez to immediately raffle the case among the branches.
In a press conference, Justice Undersecretary Ricardo Blancaflor yesterday said 15 counts of murder would be added to the charge sheet against Andal, Jr., who was earlier slapped with 25 counts of murder with the Cotabato Regional Trial Court.
Meanwhile, the Department of Justice will file today rebellion charges against 24 persons led by former Maguindanao governor Andal S. Ampatuan, Sr. and his son Autonomous Region in Muslim Mindanao Governor Zaldy U. Ampatuan.
In a press conference, Justice Undersecretary Ricardo Blancaflor yesterday said state prosecutors have found probable cause against the suspects.
Mr. Blancaflor said the charge sheet was set to be filed yesterday, but state prosecutors "were informed that the court was closed because of a Catholic holiday." Cotabato Archbishop Orlando B. Quevedo declared a holiday due to the feast of the Immaculate Conception.
As this developed, National Bureau of Investigation agents served summons to Andal, Sr. on Monday afternoon to appear before the Department of Justice in Manila on Dec. 18 with his counteraffidavit in relation to the massacre involving his mayor-son.
The subpoena, signed by State Prosecutor Rassendell Rene F. Gingoyon on Dec. 4 as part of the initial investigation into the murders, was served to the governor while he was in the custody of the Eastern Mindanao Command at a military hospital in Davao City where he was transferred after government forces took him out of the Davao Doctors Hospital Sunday night.
Andal, Sr. was admitted at the hospital on Dec. 5 after complaining of dizziness and shortness of breath. Army doctor Capt. Rhoda Franco said the official is in stable condition and is being monitored for high blood pressure, diabetes and stress. -- Ira P. Pedrasa and Joel B. Escovilla
