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No link to ISIS, no martial law

POSTSCRIPT By Federico D. Pascual Jr. (The Philippine Star)

WITHOUT the supposed ISIS (Islamic State of Iraq and Syria) link to the Maute terror attack on Marawi City this week, the group’s depredation was just the usual lawlessness that state forces should be able to suppress without imposing martial law in Mindanao.

The combined might of the armed forces and the police in Mindanao, under competent leadership, should be more than enough to neutralize the Maute marauders – said to be only 100-200 in number -- that pillaged Marawi the other day.

To justify his martial law proclamation, the Commander-in-Chief may have to prove actual Maute-ISIS connection (not mere “inspiration”) when he submits to the Congress not later than 10 p.m. today the proclamation that he issued 10 p.m. Tuesday (6 p.m. in Moscow same day).

The only indication of an ISIS element in the Marawi raid was the waving of black flags resembling those of the Islamic terrorist group that has vowed to establish a global caliphate annexing areas that it has overrun.

For Mr. Duterte to cite homegrown terrorism, staged by Maute or other brigands, as the factual basis for martial law may not be sufficient.

That may even amount to an admission of his failure as the Chief Executive to keep the peace and enforce the law in Mindanao’s 27 provinces and 33 cities.

Opinion ( Article MRec ), pagematch: 1, sectionmatch: 1
Section 18, Article VII, of the Constitution says: “In case of invasion or rebellion, when the public safety requires it, he (the Commander-in-Chief) may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law.”

There seems to be no invasion or rebellion in Mindanao, unless the President is able to document and magnify the ISIS element and present it as an invasion, or to demonstrate that the Maute attack where three persons were killed was part of an ongoing rebellion.

The 1987 Constitution, which reads in some parts like a reaction to Filipinos’ harsh experience under Ferdinand Marcos, has made it difficult for a budding dictator to impose martial rule again, as can be gleaned from Section 18, Article VII.

The Congress and the Supreme Court can still check a President’s proclaiming martial law, or suspending the privilege of the writ of habeas corpus. His edict may be revoked by a majority vote of the two chambers of the Congress voting jointly. (And according to conscience, if we may add.)

Also, any citizen may ask the Supreme Court to review the sufficiency of the factual basis of the proclamation. The tribunal has 30 days to rule on the petition. Meanwhile, all courts on all levels continue to function even under martial law.

The suspension of the privilege of the writ applies only to persons judicially charged with rebellion or offenses inherent in or directly connected with the supposed invasion. Any person arrested or detained must be judicially charged within three days, otherwise he shall be released.

• Duterte planned martial law all along

IT APPEARS that the Maute pillage of Marawi gave President Duterte what he has been looking for – an opening and a justification to carry out his intention to declare martial law in Mindanao, if not in the entire country.

Explaining why all of Mindanao was included, Defense Secretary Delfin Lorenzana told media: “Because there are also problems in Zamboanga, Sulu, Tawi-tawi, also in Central Mindanao, the BIFF (Bangsamoro Islamic Freedom Forces) area, and also some problems in Region 11 (Southern Mindanao), yung pangongotong ng NPA (extortion by the New People’s Army).

Carolyn O. Arguillas of MindaNews, which has extensive coverage on the ground, recalled that President Duterte has repeatedly said that if he declares martial law in Mindanao, he would “finish” all the problems there.

In a meeting last March, Arguillas reported, the President told Mindanao governors and mayors: “Either tulungan ninyo ako or I will declare martial law tomorrow for Mindanao.” He exhorted them to use their powers to prevent violence “from spinning out of control.”

MindaNews has monitored social media postings of residents. Norhanidah Macatoon posted on Facebook what looked like CCTV footage of armed men with high-powered firearms wearing camouflage parading near Masjid Abubakar Markaz where the heavy clash took place. “Allahu Akbar! Brothers and Sisters, please stay in your houses,” she said.

An ISIS flag was hoisted at the Amai Pakpak Hospital near City Hall and the Army Brigade station. “It caused panic (among) civilians in the hospital but none of them was used as shields by the armed group. They only raised the black flag there,” said Abul Alibasa. “There is also violence near Haifah Palace of Calookan.”

Omai Atar, wife of Marawi’s sultan and a hospital employee, said: “All physicians and nurses on duty are safe and okay per our communication. Employees are in hiding. May mga sundalo na daw duon sa may gate. Sana manegotiate nila peacefully. Please spare the hapless patients.”

The movement of the armed group caused traffic congestion, said Drieza Lininding on Facebook. “The Marawi City jail is also under siege. Oh my Allah, spare my family and relatives from any harm.” Javier Alonto posted: “As conflict escalates, we also have power interruption.”

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Not Quite a Book Review

In a speech she gave to the National Society for Women’s Service, Virginia Woolf commented on how strange a thing it was that “there is nothing so delightful in the world than telling stories.” This quote made it’s way into a recently released memoir called The Rules Do Not Apply, recommended to me by a coworker at Sunpreme (that's the bifacial solar panel supplier in Sunnyvale).

The Rules Do Not Apply was written by Ariel Levy, an LGBTQ staff writer at the New Yorker. It is a memoir with all the wisdom that 38 years can supply written by a woman of privilege who felt that she lost it all. It is fast, delicious narrative. Most of all, it is shamelessly entitled, so much so that it speaks volumes of how the wealth of the American coasts have created large swaths of microcultures that cling to the notion of misfortune because of its scarcity. Here was a bright, fast living New York woman, receiving food deliveries, writing for a living (a privilege in itself), enjoying the bubble of densely populated coolness that minions like me can only yearn for. She was/is a lesbian and financially independent. Between all the words glowed the pride of her freedom from the shackles of the female past. “Daring to think that the rules do not apply is the mark of a visionary,” she writes. “It’s also a symptom of narcissism.”

For those not familiar with the significance of the New Yorker magazine, it is the intellectual high-brow rag for New York insiders. So much so that the jokes are hard to understand. It is also one of the glowing crowns of arrival for a creative writer to have their kind words formed into print by that rag. It is the epitome of elite New York literati.

This takes me back to the Virginia Woolf quote about telling stories. I have a story about meeting the fiction editor of the New Yorker once. My late professor, Leonard Michaels, had one of his books reprinted by the Arion Press, probably the last functioning printing press in our country. This editor was there. We exchanged a few facts about how we knew the writer (she, obviously, published him) and it turned out that she was a Comp Lit major from Cal. I was an English major from Cal. In age, we might have been one year apart. I left the immediacy of the moment and saw this woman as the path not taken, the pinnacle of the power I could have achieved if I had slogged it out as a writer and settled for editor instead. “What do you think about Pride and Prejudice and Zombies,” I asked her.

“I don’t,” she said. And there it was, the arrogance of the literati, living off the last of the intangible perks the dying industry has used to make up for poor compensation. “What do you do?” she asked.

“I work at a hedge fund,” I said.

“You probably make a lot less than you used to,” she said (this was after the financial crash.)

I didn’t answer. I thought it best not to engage in this one.

The party was in an old, lived-in apartment in the Upper West. Moisture trapped books lined the wall. Antipasti and soft drinks were offered up in the kitchen. I took my plastic plate and put it down in a spot with more oxygen. In the time it took for me to greet someone else, a German cockroach might have crawled on and off my plate and scurried back down into its netherworld behind the baseboard that didn't quite accommodate the slope of the floor.

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Two Stories

Many decades ago, there was a little boy who saw a man walk on the moon. He was too young to remember but at the ripe old age of seven he already knew what he wanted to be when he grew up. He took matters into his own hands and wrote a letter to MIT. I imagine that it went something like this, “Dear MIT, my name is R…. I want to go to MIT and study to be a rocket scientist. Please let me go so that I can grow up and put a colony on the moon.” They wrote him back, let him know they read the letter, said thank you and told him to apply when it was time. Fast forward 10 years and he did all the things that kids with such dreams might do—his homework, his handmade calculator project out of recycled relays, the dissection of a fetal pig in 11th grade, AP Physics and his college applications. When he visited MIT for an on-campus interview, they started the discussion with that disappointing preamble:

“Well, you have an excellent record but we have many strong applicants,” said the admissions officer, “but something really set you apart….” Out came the letter from first grade, now-faded pencil lead diffused into lightweight wide-ruled recycled paper. They kept his letter all those years and he got accepted into MIT. While he didn’t become a rocket scientist, I understand he’s now raising complex debt instruments for (can you guess) rocket companies.

My second story is not so happy. I heard there was a shooting in the Philippines. This time it was a rich boy who did the shooting. He was rudely blocking traffic and infuriated the driver behind him. They somehow got into a physical fight and the rich boy took out his gun and shot the other driver twice. I did not hear whether the driver died but I assume that his condition is near fatal. The rich boy was not the son of a landed family or a major conglomerate. He is the son of a drug smuggler. I imaging he and his family leading white gloved lives with nice cars (typically over the top cars, especially for Philippine conditions), servants preparing his meals and picking up after him, calling him “sir” while his family ships in crates of pseudoephedrine to recreate the probinciano version of Breaking Bad. Just to fill out the picture, some time in the past, his father ran over and killed a fisherman on a bike because he was driving too fast.

Duterte’s bodycount of alleged drug dealers is approaching ten thousand since he took office. Until now, I didn’t get a sense of the kinds of people who were on the receiving end of this witch hunt. When I hear drug dealer, I think of Eric Stoltz in Pulp Fiction—cute, funny, a little lost, sprinkled with LA selfish. I don’t think of a spoiled son in a nice car posing as a little prince with a homicidal habit. It’s impossible to agree with Duterte’s policy of encouraging vigilante killings but, for the first time, I have a vision of the culture he is trying to eradicate and I can understand his distaste.

There’s no poetry in this post and nothing incremental about Sunpreme…except that they have really good green tea in the kitchen. Stay tuned for more on Sunpreme nextweek, especially since I received so many comments on my last column. It’s past midnight here in California. Next week, I’ll tell you the brand of that tea.

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