PDu30 Martial Law in Mindanao

This week, President Duterte who was in Russia when there was a big fight between the Armed Forces of the PH (AFP) and the Maute group of local terrorists, declared Martial Law for the entire Mindanao. I think PDu30 acted with paranoia here as he is too focused on anti-drugs de tokhang war vs ordinary civilians, or China-Russia-love ya affair. When faced with real war, his first instinct is to declare Martial Law.

The PH National Police (PNP) too has become too focused on drugs de tokhang that their intelligence gathering on the real organized, armed criminals has suffered. Below, I am reposting opinions from some friends, posted in their fb walls on dates indicated.

(1)  Jose Antonio Custodio, May 23:

The group that is attacking Marawi City is the Maute group with some reinforcements....it is not the ISIS.... They are taking advantage of the fact that the military and police are distracted by the lack of a coherent policy on internal security. It is as simple as that.

(2) Jojo Garcia, May 23:

Martial law means the suspension of civilian government and the installation of military rule. The functioning of regular civilian courts and sanggunians are explicitly the only exception among civilian offices that should continue under the military government. Martial law also means that Mindanao is now under a military governor or governors, usually the heads of the AFP commands in the island. They will govern the civilian population through AFP general orders to be carried out by soldiers, not by the civilian LGUs whose operation and authority are now effectively suspended if martial law is truly to take effect. Anything less than this will merely amount to a hodgepodge system that would result in a nominal declaration mainly intended for propaganda purposes of showing presidential muscle.

If this is real and not nominal martial law, this is the largest geographical area put under martial law since the superficial lifting of Marcos's martial law in 1981. I hope this is only a nominal presidential show of force and not a real implementation of martial law, since I am not sure if the AFP is capable of running a military government in such a large area without the concommittant human rights violations committed en masse.

In short, sana pang-PR at yabang lang yan, because the last time the AFP implemented martial law as declared by a tyrant, there was no turning back.

(3) Dan Adan, May 25:

Understanding Section 18 of Art. VII of the 1987 Constitution Bit by Bit

The President:

1. Is the Commander-in-Chief of all armed forces of the Philippines.

2. As Commander-in-Chief, may call out such armed forces to prevent or suppress lawless violence whenever it becomes necessary.

3. As Commander-in-Chief, may call out such armed forces to prevent or suppress invasion whenever it becomes necessary.

4. As Commander-in-Chief, may call out such armed forces to prevent or suppress rebellion whenever it becomes necessary.

5. May suspend the privilege of the writ of habeas corpus for a period not exceeding sixty days in case of invasion or rebellion, when the public safety requires it.

6. May place the Philippines or any part thereof under martial law for a period not exceeding sixty days in case of invasion or rebellion, when the public safety requires it.

7. Shall submit a report in person or in writing to the Congress within forty-eight hours from the proclamation of martial law.

8. Shall submit a report in person or in writing to the Congress within forty-eight hours from the suspension of the privilege of the writ of habeas corpus.

9. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke the President's proclamation of martial law.

10. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke the suspension of the privilege of the writ of habeas corpus.

11. The President cannot set aside the congressional revocation of the declaration of martial law.

12. The President cannot set aside the congressional revocation of the suspension of the privilege of the writ of habeas corpus.

13. The President may ask Congress to extend the proclamation of martial law if the invasion or rebellion shall persist and public safety requires it.

14. The President may ask Congress to extend the suspension of the privilege of the writ of habeas corpus if the invasion or rebellion shall persist and public safety requires it.

15. The Congress, voting jointly, by a vote of at least a majority of all its members in a regular or special session, may extend the proclamation of martial law for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

16. The Congress, voting jointly, by a vote of at least a majority of all its members in a regular or special session, may extend the suspension of the privilege of the writ of habeas corpus for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

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

18. Any citizen may file a case before the Supreme Court questioning the sufficiency of the factual basis of the proclamation of martial law or the extension thereof.

19. Any citizen may file a case before the Supreme Court questioning the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus or the extension thereof.

20. The Supreme Court may review the sufficiency of the factual basis of the proclamation of martial law or the extension thereof.

21. The Supreme Court may review the sufficiency of the factual basis of the suspension of the privilege of the writ of habeas corpus or the extension thereof.

22. The Supreme Court must promulgate its decision on the factual basis sufficiency within thirty days from its filing.

A state of martial law does not:

23. Ssuspend the operation of the Constitution.

24. Supplant the functioning of the civil courts.

25. Supplant the functioning of legislative assemblies.

26. Authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.

27. Automatically suspend the privilege of the writ of habeas corpus.

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

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

(4) Bernard Ong, May 25:

GEO-FENCING MARTIAL LAW

After Mindanao Martial Law, the trial balloon for nation-wide Martial Law is now flying high.

Inclusions:

1. Mindanao of course - home of the Durterte este Maute Group

2. Visayas because it is just walking distance from Mindanao

3. Luzon because it is just walking distance from Visayas

4. Anybody named Luzviminda is covered

Exclusions:

1. Taiwan which is just walking distance from Luzon

2. Kalayaan Islands (a.k.a Spratly) because it will anger China

3. Panatag because that has been bartered to China for (scrap) trains

4. Davao because it has already been under authoritarian rule for 30 years

5. Anybody who can walk on water is exempted

For assurance that Martial Law will not be abused by unaccountable men in power, read up on Marcos history. Better yet, go dig some bones at Maa Quarry.

Remembering Lean Alejandro

Yesterday was the 28th year since the great UP Diliman student leader, Lean Alejandro was killed. He was shot in the head, day time. Suspects were military/AFP people but there was no arrest, no prosecution that happened after the assassination. He was only 27 years old that time.

Until 1986, perhaps there was not a single UP student who did not know or hear of Lean. Very articulate and eloquent speaker, intelligent writer, and yet very friendly and humble. He was a famous student leader in UP from around 1982-86. Then he graduated in 1986, became active with BAYAN, a nat-dem organization.

I stayed at Narra dormitory in UP Diliman from 1983-85, then a "squatter" (would stay at friends' room from time to time) at Narra in 1986. I stayed at room 209 and he was at room 220, same corridor, facing Katipunan avenue. My roommates that time were from the College of Engineering (Joey Tiangco, Gort Goroza, Ariel Corpuz, all were batchmates from PSHS 1979), then my younger buddies from UP Sapul (Monching Romano, Norman Roxas, Gerry Mauricio). Lean's roommates were other activists Sarge Colambo, Jojo Abinales, and Alvin Batalla. Lean was tall while Sarge is short, good contrast in physical appearance but were philosophical twins. So we would meet Lean in the dorm corridor, or we would enter their room and have some short chat, or hear some of his discourses, or that of Jojo or Sarge.

Lean rose to UP and national prominence at the dying years of the Marcos dictatorship (former President Ferdinand E. Marcos, ruled from 1965 to February 1986, almost 21 years). The military was king, especially from 1972 Martial Law declaration until its "lifting" in 1982 or 83. But this picture below was common until around January 1986. The police and military have long firearms ready behind batton-wielding policemen in  the  front.

Another good friend, Fidel Nemenzo (a marathoner, now a faculty member at UP Math Department, and UP Vice President for research), was shot in the back by the police in another anti-Marcos rally in 1984. If Fidel was not athletic that time, he could have died with so much blood that puffed out of his body before he was brought to a hospital.

Political assassination was common especially in the 70s. One can just disappear and never be heard after, especially if one is a lesser-known activist with high media prominence. Many young people, those who were born from mid-80s up, do not realize how brutal the Marcos dictatorship was.

And Lean Alejandro was the top student leader at that time nationwide. There were many other articulate student leaders like Elmer Mercado, Pepe Alcantara, Raffy Aquino, Chito Gascon, Gil delos Reyes, Kiko Pangilinan, Jolly Macuja, Louie Pangulayan, and so on. But Lean was an intellectual and physical tower of them all.

When Lean was killed in September 1987, I was in Amsterdam, Netherlands. I was attending a 3-months course on Marx, Lenin, Trotsky and the 4th Communist International. I was a Marxist socialist at that time, affiliated with the first openly socialist organization in the country, BISIG.

BISIG was openly socialist, BAYAN was nat-dem, the CPP-NPA line of passing by a "national democracy" (national, anti-imperialist; democracy, anti-feudal) stage first before marching to socialism. But even then, all left-leaning activists were angry, were enraged, at the murder of Lean. Political and philosophical differences are respected, murder is not.

Yesterday, there was a fun run at UP Diliman to commemorate Lean's death anniversary. I wasn't there, and feeling sorry about it.

Notice the media and corporate sponsors in the poster. Many key officials of these entities were friends and buddies of Lean that time, were moved and influenced by his intellectual power.

From the photos, hundreds came and participated in the fun run, although there were rain showers.


Lean's widow, Lidy Nacpil. She is a very lucky lady. She has the great opportunity to love and live with that intellectual giant of our time.

All photos above taken from The Great Lean Run facebook page.

I repost here some testimonies from two other friends, posted in their facebook walls yesterday.
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(1) Amang Mejia:

Taong 1987 nang nagpasya akong bumalik sa pag-aaral ng batas sa Pamantasan. Noong gabi ng September 19, 1987, pauwi na ako sa Narra mula sa pag-aaral sa law library, may nakasulubong akong kaibigang humahangos na nagsabi sa aking "Binaril nila si Lean!". Dali-dali akong tumakbo papuntang dorm at marami nang mga residente ng Narra na nakakumpol sa TV room upang pakinggan ang malagim na balita. Narinig ko ang mga usap-usapan ng mga residente. Pinatay si Lean. Binaril sa ulo. 27 anyos lamang siya ng kitlan ng buhay. Nanghina ako sa sinapit ni Lean. Nanghinayang ako dahil hindi pangkaraniwang lider-estudyante si Lean. Magiting, matalino, matapang at mapanlikha; si Lean ay isang lider na ginagalang at hinahangaan, maging ng kanyang mga katunggali. Sa araw ng kanyang libing, hindi ako pumasok sa klase at sumama ako sa martsang naghatid kay Lean sa kanyang huling hantungan. Wala na si Lean, pero buhay pa rin siya sa puso ng sambayanang kanyang minahal at inalayan ng buhay. Hindi siya kailanman malilimutan.

(2) Kiko Pangilinan (former Senator, now Cabinet Secretary)

MARAMING SALAMAT, LEAN!

Isa kang naging inspirasyon sa libu-libong mga kabataan at estudyante nung dekada 80 at isa na ako doon.

Sabado din noon, September 19, 1987, dalawampu't walong taon nang nakalilipas nung tumawag sa akin sa bahay sa Philam Q. C ang isang kasamahan sa UP Student Council (UP Student Regent pa ako nung 1987) upang ipaabot sa akin ang balita na binaril siya sa harap ng kanilang opisina sa may Rosal street sa Quezon City. Dinala daw siya sa St Lukes Hospital sa E. Rodriguez. Yun lang daw ang balita sa mga oras na yon.

Dali dali akong nagbihis at namganeho ng sasakyan papunta ng ospital habang walang tigil na nagmumura at nilalabas ang galit sa kung sinuman ang nasa likod nung pagbabaril sa kanya. Sa tindi ng galit at walang tigil na pagmumura hindi ko na maalala paano ako umabot sa ospital. Pagdataing dun, nandun na sina Lidy at nandun din ang ilan sa mga kasamahan ni Lean sa BAYAN. Wala na daw si Lean. Hindi na umabot ng buhay sa ospital. Nanlumo ako. Nanghina at hindi makapaniwala sa mga pangyayari.

28 taon na ang nakalilipas ngunit hanggang sa ngayon naalala ko pa rin ang araw na yun. Malagim, malungkot, galit na galit at naghahanap ng paraan upang makapaghigante, parusahan ang mga salarin, makamtan ang hustisya.

Maraming salamat Lean sa iyong pamumuno sa aming mga estudyante na sumunod sayo sa hanay ng mga kabataan at mag-aaral.

It was both an honor and a privilege to have marched with you, Comrade.

We thank you for offering your life for the cause of freedom and genuine social change.

Thailand 4: Three Fingers vs. Martial Law

This news report quickly caught my attention this week. Huh? Thailand's new dictators, they are nuts?

The military being fully armed always, has a different mindset compared to civilians, like search and destroy, neutralize and disarm training. So when they deal with civilian movements like flashing three fingers, they become paranoid, onion-skinned, pikon. Why did they even consider arresting people who only flash 3 fingers?

A Thai friend, Jyoti, sent me this disturbing, BIG Brother/Government youtube clip by the Bangkok Post (BP) last June 01, 2014, in my facebook wall. 

"A woman was forced into a taxi by suspected plainclothes police officers after she allegedly flashed three-finger signs signalling her opposition to the military coup near Asoke BTS station this afternoon.

During the struggle, one of the people who tried to pull her out of the car was able to grab her purse. The woman's ID card was found in the purse. She was identified as Pairin Phuangsiri. Her fate is not known at this time."

(Bangkok Post video)

(3,867 likes, 9,382 shares as of 10:36am Manila time, June 05)

I thanked Jyoti for that link. One comment from the BP fb page that I like:

ခြန္ ဒီးယမ္ I'm from Burma ,your neighbor country.

Thai people, please please be very careful ..... when a group of men with guns got the taste of power, you guys are on the brink of hell.... Believe me, we had first hand experiences ...

As shown above, that video went viral somehow, so many people have seen and shared it. There was public outrage, so the Thai police was forced to admit that they indeed made that abduction -- yes abduction, but they did not use that term.

This news report from Bangkok Post is troubling.

Mystery coup arrest explained

Published: 2 Jun 2014 at 20.57

The Lumpini district police chief on Monday confirmed his undercover officers detained and forced a woman into a taxi after she staged a one-person protest against the military junta on Sukhumvit Road...

Pol Col Chaiya Kongsub said the woman was taken away because she acted aggressively to the undercover police, who took her to the police station to “calm down”.

He identified the woman as Sunanta Puangsiri, 50. She was the first of six people arrested for violating martial law regulations during Sunday's anti-coup protest rallies held at various locations in Bangkok.... All six were still held Monday at Crime Suppression Division. 

Ms Sunanta was caught by photographers and video cameras as she was subdued by at least four plain-clothes policemen, who said she resisted arrest

The video drew wide criticism from social media users, who said the officers overreacted and never told her what offence she had commiited. Some questioned the identity of the men in the video, but Pol..Col Chaiya confirmed they were his undercover officers. 

The Lumpini police chief said Ms Sunanta’s behavior appeared to be “more violent than other protesters” and the officers took her to police station.to calm her down and to prevent her from “violating NCPO orders too much”. After that, she was taken from the police station by military officers for questioning, he added. 

Military officers said they had yet to press charges against Ms Sunanta and five other protesters. 

And another spying by the new police state:

Charges of corruption, abuse of power by the civilian government, are not justified for the power grap and Martial Law by the military government. There are constitutional processes to be followed, like proper succession of leadership and the job of the military and police is to implement that constitutional process, not grab power on their on their own.

As societies modernize, political leadership should rely less on guns and tanks, more on reason and public discourse. When men with guns rule, paranoia and irrationality dominate.

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See also:
Thai politics and the Monarchy, December 04, 2008
Killings in Thailand and Military Crackdown, April 16, 2009
Rule of Law 4: On Thailand Crackdown, April 18, 2009 

Thailand Politics and the Monarchy, Part 2, January 14, 2014

Thailand Politics and the Monarchy, Part 3, February 3, 2014