Monday, December 7, 2009

Statement on Proclamation 1959 from Individual Members of the Philosophy Department of the Ateneo

We share in the nation's collective disgust and outrage as the massacre in Ampatuan, Maguindanao was brought to light. We grieve together with the victims' families, and stand with the ordinary citizens of Maguindanao who have been treated as vassals and slaves by warlords who forget that they live in a democratic state. We, too, share in the nation's collective dismay at the growing evidence of a continuing politics of impunity in Maguindanao.

However, we question the necessity and legality of the government's declaration of Martial Law and subsequent military rule in Maguindanao. The Constitution's provisions allow for the state of Martial Law to be declared only when there is an actual rebellion or invasion that endangers the safety of the public. While we acknowledge that government functions in the province of Maguindanao have been weakened, we question whether this constitutes one of these limit cases.

In the absence of strong evidence for an actual rebellion in Maguindanao, we fear the declaration may set a dangerous precedent that could open the door to unrestricted power and abuse. That the Ampatuan massacre happened at all reveals the weakness of the state and the disregard that our own leaders and peacekeepers have for the rule of law. The continuation of Martial Law in Maguindanao based on shaky grounds does not strengthen the state; it cripples the state further. Instead of countering the politics of impunity with showing that our democratic systems can and do work for the good of the people, the government has chosen to fight impunity with impunity, violence with violence.

The Constitution provides safeguards to prevent the arbitrary use of emergency powers. Our institutions tasked with the constitutional safeguards against the potential tyranny of Martial Law are being challenged by our circumstances to fulfill their tasks as true servants of our Constitution.

We demand that Congress fulfill its responsibility to review the proclamation and revoke it if necessary. Already late, the Congress should do its constitutional duty and convene itself. We hope that in such a time as this, this Congress can act with good judgment on the matter. But if they cannot act as disinterested representatives of the people who have their constituents' welfare in mind, then they should remember that they are up for re-election and, judging from the surveys, the people are less tolerant of those who have blatantly subverted our systems for their own gain. In May, the people will speak and their almost decade long governance of impunity and continuous machinations of power will come to an end.

We ask the Supreme Court to act swiftly and justly in the resolution of any proceeding that will most certainly be filed with regard to this issue. The high court has a chance to prove its critics wrong, and show once again that a GMA appointed court can decide independently on matters of vital national importance.

Most of all, we ask the military to realize its duty as protectors of the people and defenders of the constitution. May they courageously stand by their professionalism and not allow themselves to be used by people who have questionable agenda.

We realize that many people might agree with the President's extraordinary declaration of martial law to resolve the problem in Maguindanao. But we have to remember that we would not have come to this situation if we had institutions that functioned to safeguard the people's welfare. So we should not exacerbate the problem by overriding our constitutional and legal processes.

We ask, then, that the lawlessness of the Ampatuan Massacre be countered by the lawfulness of our institutions, so that our faith in Constitutional processes and democratic systems can be restored. Lawless acts of evil can only be contained by lawful institutions that work.



Signed,

Individual Members of the Department of Philosophy, Ateneo de Manila
University

Antonette Angeles
Michael Aurelio
Remmon Barbaza
Oscar Bulaong, Jr.
Mark Joseph Calano
Sircio Chan
Manuel Dy, Jr.
Geoffrey Guevara
Jacqueline Jacinto
Michael Ner Mariano
Pamela Joy Mariano
Jovino Miroy
Rowena Azada-Palacios
Agustin Martin Rodriguez
Jomel Santos
Andrew Soh
Eileen Tupaz
John Carlo P. Uy

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