Responding to the cry for justice of the November 23 massacre victims and in a move to thwart the “elements of rebellion” in the volatile province, President Arroyo has placed Maguindanao province under martial law rule within the period of 60 days.

Nearly two weeks after the gruesome killing of at least 57 people, including 31 journalists in the Ampatuan-led province, the President issued Proclamation No. 1959 putting the Maguindanao province under the state of martial law and suspending the privilege of the writ of habeas corpus, Executive Secretary Eduardo Ermita said.

He said proclamation does not include certain areas considered as territory of the Moro Islamic Liberation Front (MILF).

“I hereby declare a state of martial law in the province of Maguindanao, except for the identified areas of the Moro Islamic Liberation Front as referred to in the implementing operational guidelines of the GRP-MILF agreement on the General Cessation of Hostilities,” the President’s proclamation said read by Ermita in a televised press briefing.

“The privilege of the writ of habeas corpus shall likewise be suspended,” added the proclamation, which was signed by the President at 9 p.m. on Friday, December 4 following the series of consultations with security forces.

The declaration would pave the way for the arrest of those involved in the November 23 killing, which earned the condemnation of both local and international leaders.

Press Secretary Cerge Remonde said the President “has taken this bold step in answer to the cry for justice of the victims of the now infamous Maguindanao massacre.”

As of this writing, he said the President is in the Palace preparing for her 8 a.m. mass.

Ermita justified the declaration, saying that heavily armed groups threatened to sow lawlessness and violence in Maguindanao.

“The elements of rebellion are present and hence, this is the particular reason of proclamation declaring martial law and suspension of habeas corpus,” he said.

He said they are confident that the issuance of the proclamation by President is in accordance with the 1987 Constitution, particularly Article 7 Section 18, which states that “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. 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."

Ermita said upon the declaration of martial law, within 48 hours, the President shall report in person or in writing to Congress, which will have to call a regular or special session within 24 hours to act on the proclamation.

The Constitution provides that "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."

If there is persistent invasion and rebellion, the Congress may also call for extension of such proclamation for such a period of time upon the initiative of the President. It may also suspend such proclamation.

In the same news briefing, Armed Forces of the Philippines (AFP) Chief of Staff Gen. Victor Ibrado bared the Maguindanao Gov. Andal Ampatuan Sr. and his son, Autonomous Region in Muslim Mindanao (ARMM) Gov. Zaldy Ampatuan were under the custody of the authorities. Both of them are now in General Santos City for investigation, he said.

Last week, Datu Unsay town Mayor Andal Ampatuan Jr. was arrested and was charged with 25 counts of murder for the massacre.

As provided for by the Constitution, 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.”

Those arrested or detained during the suspension of such writ “shall be judicially charged within three days, otherwise he shall be released," it added.

PNP Director General Jesus Verzosa said they are in close coordination with the AFP in the conduct of the continuing investigation as he assured that there will be continued issuance of invitations and gathering of evidence.

“Now, there are various reports of the movement of persons in the conduct of continuing investigation of the persons who are suspected to be behind these armed movements will be undertaken so that lawless violence will be prevented and peace and order will be maintained at the whole province of Maguindanao,” he said.

Verzosa said the suspension of the writ of habeas corpus should be implemented to speed up the investigation as well as to prevent violence in the province.

“The Supreme Court may review in an appropriate proceeding, filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof and must promulgate its decision thereon within 30 days from its filing,” the Constitution said.