IBP: No to martial law

By NITZ ARANCON
Correspondent

THE Integrated Bar of the Philippines (IBP) here yesterday frowned over President Duterte’s veiled threat of a martial law declaration even as it expressed fears of a looming constitutional crisis after the Chief Executive’s pronouncements against Chief Justice Maria Lourdes Sereno and the Supreme Court (SC).

“We are saying ‘No to martial law.’ We should make sure that we always abide by the rules of law. With martial law, there will be no rule of law,” said lawyer Rey Raagas, president of the IBP’s Misamis Oriental-Cagayan de Oro chapter.

Raagas expressed fears that the rift between the executive branch and the judiciary would result in a constitutional crisis especially after Duterte warned Sereno on national TV, and said he might order his Cabinet men to defy the SC orders.

While there is an “emergency situation” as a result of the drug menace in the country and officials must act on it, Raagas said, the government should not go against the legal processes.

“Dili rason ang emergency situation nga   supakon sa gobyerno ang proseso sa bala-od niining kampanya batok sa illegal drugs. Even if  we are in an emergency situation,  the government should always respect the rule of law, otherwise, there will be anarchy,” Raagas said.

Raagas also said Duterte made a mistake by naming judges in the list of people allegedly involved in the illegal  drug trade, saying that was what started the rift between Malacañang and the judiciary.

He said Malacañang should have pressed charges against the judges so that they could be arrested and tried.

“Ingon ana man gyud ang bala-od, dili man tungod kay gi-nganlan ang imong ngalan, mo-surrender kana dayon kay kadtong angayan mo–surrender kadto ramang   mga tawo nga dunay warrant of arrest kay ma-o man kana ang   proseso,” Raagas said.

He said that by naming the judges without pressing charges, Duterte undermined the credibility of the magistrates.

“Ang gahom sa   huwes, ang iya ra gyud    nga credibility. Kon naguba na ang iyang credibility, kinsa pa may moto-o sa iyang  decision?” Raagas pointed out.

Warning

At Camp Evangelista on Tuesday night, Duterte warned Chief Justice Sereno he would declare martial law if the SC gets in the way of his war on drugs.

Duterte raised the possibility of martial law in case a constitutional crisis looms between the two equal branches of government.

“I am giving you a warning. Do not create a crisis because I will order everybody in the executive department not to honor you,” said Duterte, who announced early Sunday morning the names of 163 persons from the executive, legislative and judiciary who are allegedly involved in the illegal drugs trade.

“If this continues, you are trying to stop me. I might lose my cool or would you rather I declare Martial Law?” he asked rhetorically.

Duterte’s remarks came after the Chief Justice, in an August 8 letter to the President, said she would caution the judges named by Duterte not to “surrender” to the police unless warrants of arrests have been issued against them.

Of the seven judges named by Duterte, Sereno said, only four are in active service. One died in January 2008, another one was dismissed in 2007 for gross ignorance of law and misconduct and one retired in June this year.

“To safeguard the role of the judges as the protector of constitutional rights, I would caution them very strongly against ‘surrendering’ or making themselves physically accountable to any police officer in the absence of any duly issued warrant of arrest that is pending,” Sereno told Duterte.

Duterte said he made it clear that the judges in the list were to report to the Supreme Court. “I did not order an arrest, Chief Justice,” he said, adding he was just exercising his duty as President.

He said he respects her comments “but it is a rigmarole to me,” Duterte said.

“You know, Chief Justice, there was slaughter going on, and mind you, you were appointed by the government there in your office as a Chief Justice at the time na walang ginawa ang gobyerno. And why would you wait for the warrant of arrest? There are now 600,000 of Filipinos addicted and victims. Maghingi ka ng warrant, Madame Chief Justice, you must be joking, you must be joking, dalawa tayo abogado, kayong lahat sa Supreme Court. Do you know how long it would take… to secure a warrant of arrest?” Duterte asked.

He said he “never accused anybody, except to read their names, nasangkot sa droga… It was not an accusatorial utterance… rather it was in consonance with my duty as the President of the Philippines to let everybody know.”

Duterte said he announced the names because “I want the Philippines to know who are the judges, who are the soldiers, who are the police, Generals, pati yung mga nasa baba na sangkot sa droga.

“Since your name is already there, leave it. I will publish the way it is there. Bakit ko i-exempt yong namatay?” Duterte said referring to the case of the late Judge Roberto Navidad and others on the list who have also passed away years earlier.

Duterte tagged Navidad of Regional Trial Court 32 in Calbayog City, Samar, who died eight years ago.

The President said the list of politicians, judges and cops with links to drugs was prepared by the Philippine Drug Enforcement Agency headed by Director General Isidro Lapena.

He said the list was a work done over the years and was constantly revalidated to update its information. (with froilan gallardo of mindanews)