Monday, May 14, 2018

Martial Law 032418


Martial Law (032418)

When Martial Law was first declared on Mindanao last year because of the Maute aggression, the justification for the so called Martial Law was already shaky in terms of legal basis.  The only justification were rebellion, invasion and lawlessness.

All three were possible justification were not crystal clear and solid hence the declaration was questioned before the Supreme Court.  Surprisingly, the Supreme Court agreed with Executive contention and they simply said that it was a clear case of executive prerogative.

When the Maute group was inevitable repelled and its leaders finally killed by the military, and extension for another year was sought by the executive department up to this date, the Supreme Court have not yet made a ruling on the legality of the Martial Law extension.
Considering that there is an impeachment trial that would commence in the Senate, and with the Chief Justice as the main subject of the imminent impeachment trial, the ruling on the legality of the Martial Law extension in Mindanao would be superseded by the impeachment process.  In my personal estimation, the impeachment trial would have to dealt with first before any ruling on the legality of the Martial Law extension would come out.

And by the time that such ruling would come out, the duration of the extension is already consumed, making the petition for the legality of such an extension moot and academic.

With the integrity and independence of the legislature already compromised, the next target is the judiciary.  A successful impeachment on the Chief Justice would serve notice that no one is untouchable and safe from bullying from this administration.  Just bend to the perverted will of the Chief Executive and there would be less trouble for everyone who matters in the government.
Even the opposition, will have to take notice, since the PDAF mastermind Janet Lim-Napoles is admitted to the Witness Protection Program of the Justice Department and more controversial names would surely surface for potential prosecution.  And guess what? These names would predominantly contain the names of known opposition leaders.  A classic case of a legal blackmail.  Temper your opposition or suffer the legal harassment.

From the Marcos burial, to the China territorial sell-out, to the ICC withdrawal, and Martial law in Mindanao, these are all red flags of a looming and an impending dictatorship in the republic. 
Duterte have his millions of followers, but just like any political reality, what goes up – must come down.  Sooner or later, dissatisfaction with this current administration would multiply exponentially, and there would be an ugly reckoning for the republic.
The bigger question now is this, are we strong enough to survive a Duterte fallout?   Will this fallout unite us or further divide us?  This problem could be simplified by a removal of a head of state for health reasons or death, but we all know that such is just wishful thinking.

Duterte is already toying with the notion of changing the constitution, of shifting the government from presidential to a federal form of government.  His minions are already hard at work and from all indications are making headways.  There are dark clouds on the horizon and they appear to man-made and designed to benefit the current administration.

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