MIRIAM: SHOW ME THE REBELLION

Sen. Miriam Defensor Santiago, who favors revocation, said that the cabinet members testifying at the Congress joint session will fail to answer the public clamor to "show me the rebellion.."

Santiago said that Proclamation 1959 does not use the word "rebellion" at all, and this omission is a "fatal flaw."

The proclamation only claims that "heavily armed groups in the province of Maguindanao have established positions to resist government troops, thereby depriving the Executive of its powers and prerogatives to enforce the laws of the land and to maintain public order and safety."

"Even the Palace advisers were too shamefaced to use the word 'rebellion,' so they resorted to linguistic contortions. The records of the Constitutional Commission abound with categorical statements of various commissioners that the rebellion should be actual, and not just imminent," the senator said.

Santiago said that the essence of rebellion under the Penal Code is twofold: there should be armed public uprising, and it is ideologically motivated.

"We the viewing public never saw rebellion on TV or the internet. What we saw was terrorism, between the camps of two super-warlords. Hence, the cabinet appears to be claiming the existence of a secret rebellion. But that is an oxymoron, a contradiction in terms, like a secret pregnancy," she said.

Santiago , a former RTC judge, said that even assuming that there have been overt acts of rebellion, still the cabinet members will be unable to prove that the so-called rebels are motivated by ideology.

"The alleged rebels have never aired ideology. Thus, the only motive is blood lust. Tribal warfare has been a blood sport in Maguindanao and other armed areas for centuries," she said.

Santiago said that for Congress to interpellate the six cabinet members would be frustrating and time-consuming.

"Under the Rules of Joint Session, the interpellation of the cabinet members could take as long as 20 hours. That would defeat the purpose of revoking the proclamation, which will last only for 60 days," she said.

Santiago warned that the Supreme Court decision might overtake the Congress deliberations.

"In trial court, you can test the credibility of a witness only by lengthy cross-examination. Interpellation might be used as a platform for image-building by candidates.. There is not much point to interpellate, because the cabinet members will all sing the same campaign jingle," she said.

Santiago said that in her personal opinion, it would be better for the two chambers to limit themselves to analysis of the President's report on its face, and then immediately proceed to voting.

The senator said the two constitutional conditions are absent, namely, actual rebellion, and the requirement of public safety.

"The proclamation claims that the courts are closed, and therefore there is danger to public safety. That is a non sequitur. It is illogical," she said.

The exasperated Santiago said: "I am so not understanding this!"