For once, Corona and Carpio agree on Arroyo

MANILA, Philippines – They have often disagreed on key issues brought to the High Tribunal, but in a verdict on the 2009 martial law declaration of former President Gloria Macapagal-Arroyo, Chief Justice Renato Corona and Justice Antonio Carpio both agreed that her move was unconstitutional.

Corona, however, took the stand that Arroyo did not commit any violation in issuing the said proclamation.

On March 20, the SC voted 8-6 to dismiss the 7 petitions filed by lawyer Philip Fortun and others which asked the Court to invalidate Proclamation 1959. The proclamation put Maguindanao under martial law on Dec 4, 2009, following a massacre in the province that left 58 people dead.

Arroyo justified her action then by arguing that “heavily armed groups in the province of Maguindanao have established positions to resist government troops.” Under the 1987 Constitution, the President can only declare martial law in the face of actual rebellion or invasion.

In its decision, however, the SC evaded the question on the proclamation’s constitutionality, saying the case was already rendered moot by Arroyo’s decision to lift it 8 days later.

“…The Court deems any review of its constitutionality the equivalent of beating a dead horse,” the High Court said in a decision penned by Justice Roberto Abad.

Concurring with the majority were Justices Teresita Leonardo De Castro, Arturo Brion, Martin Villarama, Diosdado Peralta, Jose Perez, Lucas Bersamin and Jose Mendoza.

Six dissented, including Corona and Carpio. (Justice Mariano del Castillo was on leave.)

Disagreement

Carpio and Justice Presbitero Velasco Jr wrote their own dissenting opinions.

Velasco said what while Proclamation 1959 was unconstitutional, Arroyo did not violate the Constitution when she declared martial law in Maguindanao. Velasco said that Mrs Arroyo did not act in bad faith and based her action on the military’s intelligence reports.

Corona agreed with Velasco.

But Carpio pointed out that Mrs Arroyo did not have legitimate grounds to declare martial law, as the rebellion was “non-existent.” Agreeing with Carpio were Justices Bienvenido Reyes, Estela Bernabe and Lourdes Sereno. – Rappler.com