Beginning on Saturday, December 5, 2009, the province of Maguindanao will be under the State of Martial Law.  President Gloria Macapagal Arroyo ordered to put Maguindanao in state of martial law to be able to expedite the arrest of suspects linked to the November 23 massacre that claimed the lives of 57 civilians including journalists.  This will mean that Lt. Gen. Raymundo Ferrer, armed forces Eastern Mindanao commander, will take over from Maguindanao Gov. Andal Ampatuan Sr., one of the suspects in the massacre, as the provincial military governor.

Under the 1987 Constitution, the declaration of martial law will suspend the writ of habeas corpus, which means some citizens may be arrested without warrants. The suspension of the writ of habeas corpus however, only applies to persons charged for “rebellion” or offenses connected with an invasion.  The Constitution clearly says that, “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”.  The Constitution also says that,  “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.”

Is Martial law the real solution to the Maguindanao Massacre?