/ GOVT PROSECUTORS WANT GMA SUSPENDED AS SOLON
[PHOTO - former President Gloria Macapagal-Arroyo CONTRIBUTED PHOTO]
BAGUIO CITY, APRIL 18, 2012 (INQUIRER) By Vincent
Cabreza Inquirer Northern Luzon - Voting 9-6, the Supreme Court ruled
that seven suits contesting the constitutionality of a martial law proclamation
by former President Gloria Macapagal-Arroyo in Maguindanao in 2009 had been
rendered moot because she lifted the proclamation before Congress could review
it.
This time, Chief Justice Renato Corona dissented from the majority decision,
which dismissed all constitutional challenges raised against Arroyo for
declaring martial law and suspending the writ of habeas corpus in Maguindanao
more than two years ago.
Proclamation No. 1959, which took effect for only eight days, was intended to
deal with the reported uprising of forces loyal to the Ampatuan family after its
members were implicated in the massacre of 57 people in Maguindanao, mostly
journalists, on Nov. 23, 2009.
The decision, penned by Associate Justice Roberto Abad, was dated March 20,
but it was distributed to reporters here only on Monday. The high court's
justices are holding their annual summer sessions in Baguio City.
In separate dissenting opinions, Associate Justices Antonio Carpio Presbitero
Velasco Jr. argued that the court failed to use the opportunity to guide future
presidents about the proper way of imposing martial rule.
Carpio said Proclamation No. 1959 was the first case when a Philippine
president declared martial law since the administration of former President
Ferdinand Marcos.
"[It] provides this court with a rare opportunity… to formulate controlling
principles for the guidance of all sectors concerned," he said.
Corona indicated that he subscribed to the dissenting opinion of Velasco, who
believed the court "must take the bull by the horns to guide, explain and
elucidate [the parameters of a declaration of martial law] to the executive
branch, the legislative branch, the bar and more importantly, the public."
The majority decision, however, believed that a court-imposed guideline for
martial rule would not be effective.
In Zamboanga City, Colonel Randolph Cabangbang, spokesperson of the
military's Western Mindanao Command, said Proclamation No. 1959 made it easier
for both the Armed Forces of the Philippines and the Philippine National Police
to enforce law and order after the Maguindanao massacre. With a report from Julie S. Alipala, Inquirer Mindanao
FROM MALAYA
Now govt prosecutors want GMA suspended as
solon
GOVERNMENT prosecutors yesterday asked the Sandiganbayan Fourth
Division to suspend former President and now Pampanga Rep. Gloria Arroyo from
office based on two pending graft charges.
The panel of prosecutors composed of Director Rabendranath Y. Uy and
assistant special prosecutors Louella Mae Oco-Pesquera, Jacinto M. dela Cruz Jr.
and Marlon N. Ramos said Arroyo could no longer challenge the validity of the
information filed against her on December 28, 2011 because she has already been
arraigned.
The prosecution said Arroyo's preventive suspension is part of the procedures
mandated under the Anti-Graft and Corrupt Practices Act.
They also invoked the Supreme Court pronouncement in the case of Libanan vs.
Sandiganbayan that the graft court "is bound to issue an order of suspension as
a matter of course, and there seems to be no ifs and buts about it."
Arroyo pleaded not guilty to two counts of graft and one count of violation
of the Code of Conduct and Ethical Standards for Public Officials and Employees
during her arraignment last April 11.
Her co-accused former First Gentleman Jose Miguel Arroyo and resigned
Commission on Elections chairman Benjamin Abalos Sr. also pleaded not guilty.
The arraignment of former Transportation Secretary Leandro Mendoza was deferred
until he recovers from a stroke.
Investigators said they used their influence to push for the approval of the
$329-million national broadband network deal with Chinese firm Zhongxing
Telecommunication Equipment despite attendant irregularities including reports
of massive bribery and cost-padding. Mrs. Arroyo scrapped the project in 2007
after receiving heavy flak.
Arroyo is detained at the Veterans Memorial Medical Center (VMMC) on a
non-bailable case of electoral sabotage pending before the Pasay City Regional
Trial Court.
Chief News Editor: Sol
Jose Vanzi
© Copyright, 2012 by PHILIPPINE HEADLINE
NEWS ONLINE
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