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Thursday, August 07, 2003
Stop coup hearings, top biz groups ask
MANILA -- Business leaders urged the military Wednesday to speed up the trial of soldiers who seized the Makati financial district last July 27 in a failed mutiny against President Arroyo.
In their joint statement, the six prestigious business groups also urged Congress to abort its public hearings on the mutiny to allow an independent commission formed by President Arroyo to do its work.
Critics have said the parallel investigations by Congress are hampering the criminal probe of the mutiny and are only intended to give the mutinous soldiers a forum to publicly make their
accusations.
The Makati Business Club, Financial Executives Institute of the Philippines, Philippine Computer Society, Federation of Philippine Industries, Chinese-Filipino Business Club, and the Bishops-Businessmen's Conference for Human Development signed the statement.
Another cause of concern is the continuing "state of rebellion" that President Arroyo declared at the height of the July 27 mutiny.
"This is a possible threat to civil liberties. A state of rebellion may lead to more draconian measures," lawyer Democrito Barcenas said in an interview Wednesday.
Barcenas, who is known for defending victims of Marcos-era human rights violations, is now president of the Integrated Bar of the Philippines (IBP) Cebu City chapter.
Vague concept
"When there is power, there is the possibility of abusing that power," a lawyer and law professor, who asked to remain anonymous, said in a separate interview.
What exactly is a state of rebellion?
Barcenas pointed out there is no law that mentions the concept of a state of rebellion, except for a reference in Article 7, Section 18, of the 1987 Constitution.
That part of the Constitution defines the power of the President as the commander-in-chief of the Armed Forces of the Philippines.
The president is allowed to call out the armed forces to prevent and suppress lawless violence, invasion or rebellion and, whenever necessary, declare a state of martial law.
But there is no definite provision in the Constitution that talks about a state of rebellion. It is the vagueness of the concept, Barcenas said, that is worrisome.
The state of rebellion allows the military to arrest, despite the absence of a warrant, and charge people they suspect to be involved in uprisings or attempts to destabilize the government, Barcenas pointed out.
Because there is no preliminary investigation on the complaints filed, the arrests can be used for oppression.
At this point, he said, placing the country, or part of it, under a state of martial law would be better.
At least, the Constitution defines martial law and limits it to 60 days. Congress, according to the Constitution, can also shorten it when necessary.
'Indefinite?'
Another source, a former law-school professor and department chairman, agreed that there is no law defining a state of rebellion, only the reference that it is a necessary condition for martial law.
He added, however, that making the declaration is part of the President's prerogative and, according to the Supreme Court's ruling in the IBP vs. Zamora case, only the President can reverse the act.
The president exercises the powers of the commander-in-chief and is duty-bound to suppress lawless violence, invasion or rebellion.
Declaring a state of rebellion and calling the Armed Forces into action is a "calibrated" response, the source added.
But, to Barcenas, the failed Magdalo uprising does not justify Arroyo's act of sustaining the declaration.
"We have always had rebellions," he said, citing the armed conflict in Mindanao. "Does it mean that we will have a state of rebellion indefinitely?"
Both sources underscored the downside to prolonging the state of rebellion-while it suppresses any attempt against the government, it projects an image of instability.
Residual
Military investigators have recommended court martial for 45 officers who led an alleged coup plot against President Arroyo, who vowed Wednesday to show no leniency to the mutineers.
The President has said a "state of rebellion" will remain in effect until "residual threats" from civilian and military backers of the rebel soldiers are dealt with.
She assured officials from the Association of Southeast Asian Nations (Asean) that "business continues as usual" despite the failed rebellion.
The Asean meeting is being held at a hotel a block away from the site of the Makati siege. AFP/Sun.Star Cebu
(August 7, 2003 issue)
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