MIRIAM WARNS OF "CREEPING MARTIAL LAW"

        Sen. Miriam Defensor Santiago warned that the recent spate of major crimes in Mindanao could be part of a plot to extend "creeping martial law" beyond Maguindanao.

        Recent major crimes in Mindanao included the abduction of 75 people in Agusan del Sur, beheading of a kidnap victim in Basilan, kidnapping of a Basilan college vice-president, abduction of a military and police convoy in Ampatuan town.

        "This looks like a conspiracy to establish facts either to support martial law before the Supreme Court, or to support its re-imposition after 60 days. If so, brace yourselves for more major crimes in rapid succession," she said.

        Santiago, a former RTC judge, said that direct evidence of a conspiracy is not necessary, and proof of concerted action is enough.

        "This rapid succession of major crimes in Mindanao constitutes proof of concerted action which demonstrates the plotters' unity of design and objective," she said.

        Santiago said that if there is a conspiracy, it could be taking place without the knowledge of President Arroyo, because "she has nothing to gain."

        "The plotters will necessarily be the people who will benefit from martial law. Therefore, this group would consist of a cabal of military and police officials, or other groups who would stand to benefit," she said.

        Among the possible plotters, Santiago named the Ampatuans, because martial law could justify charges of rebellion against them, which carries a lesser penalty and is more difficult to prove.

        "It is easier to acquit the accused in rebellion than in murder. The prosecution would have to prove ideological motive. And a convicted rebel, having committed a political offense, would be available for amnesty and pardon," she said.

        Among the possible plotters, Santiago also named the CIA, because, she said: "Martial law would make it easier for the US troops there to engage in a shooting war with the rebels whom they view as terrorists."

        Santiago said that if military plotters are involved, they could be seeking the support of defense secretary Norberto Gonzales, and interior secretary Ronaldo Puno, who heads the Philippine National Police.

        "The military is not monolithic. They engage in constant power struggles among themselves. I know for a fact that there are certain officials who feel strongly nostalgic about the naked power of the armed forces during the Marcos martial law. Until now, they are hoping for an opportunity to make a power grab again," she said.

        Santiago said that if there is a conspiracy, it would be orchestrated by "an invisible hand," trying to pressure President Arroyo.

        "President Arroyo has no complicity, because she already called out the armed forces and declared a state of emergency. She already has the additional powers she needs," she said.

        Santiago also said that President Arroyo would not risk public outrage over extended martial law, because Arroyo is virtually sure of winning as representative in her hometown, and her election campaign there is "risk-free."

        "I am seriously concerned that within the 60 days allowed by the Constitution for the Supreme Court to reach a decision on martial law, there will be more major crimes in Mindanao or other areas in the country, as part of the plot," she said.

        Santiago said that events could take place very quickly, because it is essential for a criminal conspiracy to be kept secret, and the longer the time taken, the likelier that the conspiracy could be exposed.

        "According to the Supreme Court, by its nature, conspiracy is planned in utmost secrecy. It can rarely be proved by direct evidence," she said.

        Santiago said that under Supreme Court decisions, circumstantial evidence is sufficient, if it shows a concerted plan to further a common objective.

        "A rapid series of criminal events in a short period of time looks very much like a conspiracy