Mrs. Arroyo with her hawks, Norberto Gonzales and Fidel V. Ramos

1959 was the third time Martial law was availed of by government as an emergency measure.

The first time was when President Jose P. Laurel, the government caretaker, declared martial rule when foreign invaders entered Manila. The Laurel proclamation was deemed judicious because the country was then under invasion.

The second was the classic Proclamation 1081 on September 21, 1972 by former president Ferdinand Edralin Marcos. The country was not under invasion; rather there was an ensuing rebellion. Under the 1945 Constitution, there were only two instances when Martial law can be declared: invasion, rebellion or insurrection. “ Lawless violence“, this term in the Philippine Constitution describes the condition caused by either invasion or rebellion, but not as an independent condition by itself. There may be lawless violence but the answer is not Martial law but the application of the full force of the law.

In Proclamation 1081, Marcos was actually right in the application of Martial law. There was an existing rebellion. Jose Maria Sison already founded the Communist Party of the Philippines and has since created rebel camps and assassination squads as early as 1970. Student protests were all over. With this rebellion, lawless violence ensued and even affected the capital. Hence, the President had the right to call out the Armed Forces to quell the rebellion.

Remember that these two instances–the Laurel and Marcos proclamations—there were two existing conditions–the country was invaded by a foreign power (Laurel) while there was domestic instability caused by a Communist rebellion (Marcos).

Now, let’s see if this Proclamation 1959 of Mrs. Gloria Macapagal-Arroyo satisfies the requisites as provided by the 1987 Constitution for the declaration of Martial law.

In the 1987 Constitution, there are actually three conditions stated: invasion, rebellion or coup d’etat. Clearly, the Constitution meant for these conditions to be existing prior to the declaration. Martial rule, as a concept, was never meant to be used as either a deterrent nor as a pre-emptive measure. The framers of the Constitution specifically used the word “suppress” to express the real intention of Section 18, Article 7 of the Constitution.

Now, what causes confusion in the interpretation of this provision in the 1987 Constitution?

It is the inclusion of the word “prevent” in the first sentence that gives every President the legal basis for calling out the Armed Forces even if the threat is just “imminent”. Look at how Section 18 was framed:

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 (include coup d’etat)

It is clear that the President has the power to call out the armed forces to address these four conditions. But, is this the paragraph that justifies martial law? No. The second sentence of the same provision is clearly what the Framers actually intended as a condition for the proclamation of martial law.

“…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.”

Clearly, there are only TWO conditions, which must exist, BEFORE the President can actually declare martial law—invasion or rebellion.

In the case of Maguindanao, Proclamation 1959 was issued at a time when the military has already neutralized members of the Ampatuan family, believed to be the masterminds behind the brutal massacre. Troops were already in the area and has surrounded the compound of the warlord. Arms were already seized.

In fact, previous press statements of Malacanang issued shortly after the massacre indicates that the situation has been placed under control. When Mrs. Arroyo placed three provinces believed to be under the control of the Ampatuans under the State of Emergency proclamation, the situation in the area normalized and there was no indication that a rebellion was existing nor was there a threat even, of rebellion.

Given that there was no factual basis for the declaration of martial law, what should Congress do at this point?

I do not agree with Speaker Prospero Nograles Jr. assertion that the sentence in Section 18 was just discretionary, not directory. Look at how this sentence was framed:

“…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.”

Two things: President is MANDATED by the Constitution to report to Congress and second, Congress has to CONVENE itself either in regular or SPECIAL SESSION. IN FACT, the Constitution DIRECTS CONGRESS TO IMMEDIATELY CONVENE WITHIN TWENTY FOUR HOURS FOLLOWING THE PROCLAMATION OR SUSPENSION..WITHOUT NEED OF A CALL.

These provisions are DIRECTORY or MANDATORY, not subject to the whims or caprices of the Speaker or of that of the Senate President.

The question really is—when is the proper time for Congress to convene?

If Congress is in session, they must convene within forty eight hours. In the case of Maguindanao, they have to do it as early as Tuesday morning, since the proclamation took effect 7 o’clock in the morning of December 4, which fell on a Saturday. If they are NOT in session, they should have called it by TODAY, Sunday, December 5.

* Note: In computing for a period, the first day is excluded and the last day included. In Article 13 of the Civil Code of the Philippines, it is said, and to wit:

Art. 13. When the law speaks of years, months, days or nights, it shall be understood that years are of three hundred sixty five days each; months, of thirty days; days, of twenty-foiur houses; and nights, from sunset to sunrise.

If months are designated by their name, they shall be computed by the number of days which they respectively have.

In computing a period, the first day shall be excluded and the last day included.

Now, was there legal basis for what Senator Juan Ponce-Enrile said that when it meant 48 hours, that means that it should be working hours, meaning, government offices must be OPEN before he, as Senate President, can CALL and CONVENE the Senate? By all means, NO.

Section 18 of Article 7 of the 1987 Constitution is a directory provision and we are talking here of a suspension of rights and privileges extended to citizens living in a democracy. Are we to wait for government offices to open BEFORE ENRILE calls for his fellow Senators to convene? The Constitution is clear—if not in session, convene even without a call. If they are in session, convene within forty eight hours. Forty eight hours mean that it starts at 7 o-clock in the morning and ends at 7AM in the morning of Tuesday.

Typhoon Parma, which is expected to hit some parts of Northern and Central Luzon by tomorrow morning, could further inundate huge portions of the Philippine island by tomorrow, says the Joint Typhoon Warning Center of the US Military.

Parma (locally known here as Typhoon Pepeng) is expected to be 230 miles east of Clark air field in Pampanga and Manila, packing winds of up to 170 miles per hour and 200 miles per minute at the center.

Yesterday, Typhoon Parma has been elevated into a Category 5 hurricane, the highest category for a super typhoon. Category 5 hurricanes packs winds of up to 250 kilometers per hour. The super typhoon could bring more heavy rainfall. Weather forecasters however, predict that it is likely that the Philippines could avoid Parma’s full strength.

PAGASA forecast of Typhoon Pepeng's path

According to the Philippine Atmospheric Geophysical Astronomical Administration (PAGASA), the super typhoon is now 270 kilometers east of Virac Catanduanes.With maximum sustained winds of up to 195 kilometers per hour with gustiness of up to 230 kph, Typhoon Pepeng (Parma) is, by far, the strongest typhoon ever to hit the Philippines.

Signal number 2 has been hoisted over Catanduanes, Camarines Norte, Aurora province, Northern Quezon and Pulilio islands. Signal number 1 covers Ilocos Norte,Ilocos Sur,Abra,Apayao,Kalinga, Cagayan,Babuyan Islands,Isabela, Mt. province,Ifugao,Benguet,La Union,Nueva Vizcaya,Quirino,Pangasinan,Nueva Ecija,Tarlac,Zambales,Pampanga,Bulacan,Rizal,Southern Quezon,Camarines Sur, Albay,Sorsogon,and Burias Island.

No storm signal has been raised in Metro Manila, yet the entire metropolis has been prepared for the eventual arrival of the super typhoon. The entire country has been alerted to its highest levels, says the National Disaster Coordinating Council (NDCC).

PAGASA says they are poised to declare Typhoon signal no. 4 by tomorrow. According to PAGASA, a storm signal number 4 means that the affected areas may be directly hit by the eye of the storm.

Tomorrow, the super typhoon is expected to be at 90 kilometers Northeast of Casiguran Aurora in the morning and is expected to make landfall at the Aurora-Isabela area. On Sunday morning, the super typhoon will hit Laoag City, and would probably exit the Philippine area of responsibility by Monday morning.

NCRCommand Chief Fojas and NCRPO Chief Rosales are one in placing the entire Metro Manila under full alert, as a “precautionary measure” against possible spillover bomb attacks. They even pinpointed the Congress and military camps as the next targets. Quite admirable, since, they already knew that terrorists walk the metropolis but they, as yet, found it quite difficult to arrest them. What’s the purpose of the anti-terror or Human Security Act?

Ah, I know. The act will be used against anti charter change rallyists. PNP Chief Director General Jesus Verzosa said that one or two days prior to the SONA, they will be conducting their own “sonas” or special clearing operations in areas near Congress and places where you’ll traditionally find rallyists coming from.

So, these bombings are really being used afterall as a ruse to justify a crackdown on anti charter change rallyists, not on those so-called terrorists roaming the Metro. For the Arroyo regime, the real terrorists are anti-charter change Filipinos who want nothing more than to prevent Congress from convening itself into a Constituent Assembly.

Ah, so then, this regime is using every trick in the martial law rulebook (as described by Makati mayor Jejomar Binay) just so that they can ram charter change down our throats. Ingenious. They’re preparing really for a showdown.

Are they also prepared to fight thousands of INCs who’ll populate the entire Congressional avenue against cha-cha? Are they willing to fight God’s people?

Is Gloria really ready to face thousands upon thousands of people who’ll march against her despotic regime should she continue her evil plan?

This administration is determined to use every trick possible, legal or unconstitutional, just so that charter change pushes thru. They’ll be using the military, once described by Defense secretary Gilbert Teodoro as a professional institution, into a personal fighting machine of this regime. They’ll use their power to force the people to accept something which they already expressed their opposition.

Patay kung patay, as what Jose de Venecia Jr. described the demeanor and thinking of palace hawks in 2007. Arroyo’s minions are determined to fight it out once the people move against the regime. They’re just afraid, says JDV, because their time of reckoning is fast approaching and they fear for the worst. So, predicted JDV and Binay, they’ll use state power to further repress and oppress the people.

Now that we know that these instabilities and peace and order problems are just part of the overall scheme to justify the use of state power, the question is–what are we going to do about it? Will we just sit on idly by and watch as these things unfold?

YES.

Let them do their thing. Let them plunge this country into total chaos. Let them plunder still our coffers. Let them intensify the oppression, the hunger, the repressive things and just push the envelope a little bit further.

I urge the Patriots–let them do their thing. In fact, come the SONA, let no one come near Congress or Malacanang to protest the convening of Congress into a Constituent Assembly.

Why?

God is a god of Justice. He sees all. Let them humiliate themselves before the eyes of the world. Let them alone bear the consequences of their illegal action. By the time that they’re finished, God will unleash His Army upon them and like what happened to the Philistines of old, fire will definitely consume them all. Some will be burned at the stake while others chained and imprisoned in the deepest pits and dungeons.

I remember the very first time I visited our country after spending years working abroad. The memories are still distinctly clear to me, how I cried when I heard the song of Sharon Cuneta being played inside the plane and how I longed to kiss the ground the minute we land. I’m not a fan of Sharon; yet her voice sounded very beautiful to my ears then. After years of just listening to Western and Asian songs, it was the first for me to hear a Tagalog song. When I heard her song, tears just rolled down my cheeks. It made me realize how foolish I was leaving the country of my birth.

We’re supposed to be the 14th country with the most number of happy people; yet we are in this morass, and we’re trying to get ourselves out of the hell pit. When I came back, I wanted to help government. But, the longer I stay here, the more I realize that we really need change, and fast. Is this the country which I want my kids and my grandchildren to live in? Is this the government which I want them to have? And are these the values I want them to learn?

I want my country to be the happiest place in the world. We have a beautiful place we call home. Our race is beautiful. We are honest. We are trustworthy. We are respectful. Yet, the system sometimes make brutes out of us.

Let me urge my friends not to succumb to this very monster called state superstructure. And let me suggest fifteen things we need to do from now on to make us the happiest country in the world.

1. Follow road signs.

2. Speak out against graft and corruption.

3. Give your license when traffic enforcers ask for it.

4. Whenever you see something wrong, do something.

5. Consider your work, your personal prayer to God.

6. If you have extra food, give to the hungry.

7. If you have extra money, give to charity.

8. Always punctuate your sentences with po and opo.

9. Demand good service from government employees. If you’re a government employee, give us your best.

10. Smile if you feel like it. Frown, if you need to. Cry if you feel sad.

11. Do not pluck a flower in public places. Do not trap pigeons in Luneta.

12. Do not spit in public nor urinate at the dumps.

13. When you see trash along the road, pick it up and throw it in a nearby garbage can. If there’s no can in sight, find one.

14. Help people in need. Don’t just watch whenever you see a road accident. Help.

15. If you have some suggestions to improve government service, write them in a piece of paper and send it to your Congressman. You just gave him a reason to do a project and get commissions from it.

Peace!
[youtube=http://www.youtube.com/watch?v=2fLbLSSdAdU]

Peace. And I love you all.

[youtube=http://www.youtube.com/watch?v=R_NYNiPLBnM]

NDCC or the National Disaster Coordinating Council is doing a great job. Deputy palace spokesman and NDCC coordinator Anthony Golez is to be praised for his excellent handling of this impending crisis. A few days ago, Tropical storm Dante swept the Bicol region killing nearly 30 Filipinos. This pro-activeness being shown by the NDCC is admirable. Advance info would definitely save more lives.

I just came from a visit to Mountain Province and Pangasinan and yes, Mrs. Arroyo should definitely consider pouring money for road re-construction there. Kennon road needs repair. Even some portions of the national highway in La Union should be fixed. These places are tourist magnets and government should prioritize these places.

And mind you, these places are showing signs of progress. There are many restaurants, shops and what-have-you springing surprises in these areas. New businesses are sprouting in all these places compared a year or so ago. New money is spilling over to the rural areas which is great.

So, it’s a great disservice if government ignore citizen complaints of bad roads or the lack of it. New roads usher more business. And more business means more revenues. And more revenues leads to better government services.

Manila has its gems and wonders. Ask Carlos Celdran. He knows. Manila has enormous tourism potentials if the Manila City government would only care.

Antique houses (”bahay na bato”) adorn many Manila streets, yet most, if not all, are in a dilapidated state. If Manila could only pour some more money into road projects and beautification, i’ll rival other Asian cities for its splendour and beauty. Time for Manila to rise up, from being a greyish, ageing and gloomy city, into a city proud of its heritage and history. Manila is being left behind while other cities and towns all across the Luzon landscape bloom like beautiful flowers.

Philippine Justice

Ever wondered why we’re so f…c…kup?

Malacanang wanted to downplay the incident. I don’t want to be cruel, but many thought that it was Gloria who succumbed to illness. Remember those “talks” alleging that Gloria (like Macoy) is suffering from a serious disease (cancer of the ovary? I don’t believe it). Regime critics even prayed for this. There’s one government official though who heaved a sigh of relief when he learned that it was FG and not GMA who fell down his seat. That official probably thought that he’s still okey since he’s still just a spare tire.

But, I really believe that FG’s latest hospitalization is very serious. Is’nt natural for a happy wife to stay beside his ailing husband? What’s so important in Peru for Gloria? Peru is just as impoverished as the Philippines (probably even in worse shape than us) and it’s not even a major trading partner. Is Gloria there to meet with some “power players”? When I think of Peru, I think of Argentina. Selling NAPOCOR assets to Peruvian businessmen?

Going back to the First Couple.The alleged estrangement of Gloria and Mike have been the stuff of legendary coffee shop talks since 2002. One of those rumours alleged that Gloria has been living separately away from her husband since the controversies exploded. We all know those purported indiscretions allegedly by the First Gentleman, one of the most controversial was his alleged tryst with his secretary Vicky Toh. Rumours say the First Gentleman even sired two kids with Vicky Toh before they split up. Now, allegedly, the First Gentleman is said to be with another woman right now. This alleged relationship started a year and a half ago. The woman, wagging tongues say, is a former flight stewardess. This newest relationship, says some Malacanang insiders, is the reason why Gloria and Mike’s relationship remains very strained.

All these news are just probably rumours to besmirch the relationship of Gloria and Mike. What’s important is FG’s safe. But, is he?

What would happen if Gloria loses FG in her side? All of us know that FG is Gloria’s “silent big operator”. Will Gloria fare better without FG inside Malacanang?

I’m heading on a new experience. I’ve been working hard trying to make other people rich. Now, it is time for me to head on a new direction and become an entrepreneur.

Yes, I’m trying to raise money for a water refilling business. Sounds weird right? After spending most of my life on communications-related jobs, I, now, am looking forward to a business which some might think as unfamiliar territory.

Well, for me, it’s not anymore. I’ve researched all about it and found that, a water refilling station can very well sustain somebody’s family. My family ( I have a 6 month old baby, plus one pesky little boy and one girl) needs at least 60k per month to sustain ourselves. That’s huge. Yes. I just entered the army of the “PMAers” and despite what people say that I love, in fact, I love to hate actually.

Anyway, I hope some of my friends would understand that I’ll not be selling just water. I’ll be selling something very clean, very refreshing, lovely, pure and absolutely thirst-quenching. Yes. Thirst-quenching.

But, I am thinking of not just selling those 5-gallon types. No. I want to puncture the beverage category (eventually). For now, I’ll appreciate my friends to give me some contact numbers of companies who may need 5-gallons. Or maybe 1-liter, 500ml or 250ml types.

Eventually, I may venture into the iced tea category and find more revenues there.

For now, these are just dreams. My loan application has not been approved as yet. And I’m waiting for some money from my previous engagement.

That’s a problem here. In other countries, banks and loan agencies are very lenient in giving out loans, especially those for businesses. The credit market here is very tight. How can you help in reviving the local economy if banks and loan agencies will not help you out?

Like those Americans who are very lucky to have a Change Agent as their New Leader, I want to follow what Obama urged people to do—make a change, help the economy, be an entrepreneur.

I’m planning to do just that, to prove to myself if this paradigm would really,really work.

I hope Jon Limjap is reading this–do we still have hope that people like me who wants to be an entrepreneur be helped by government or banks for that startup funds?

Or, anyone out there who’ll give me advise?