MANILA, Philippines?Lawyers group will question before the Supreme Court on Monday President Gloria Macapagal-Arroyo?s declaration of Martial Law in several areas in Mindanao.

?If she desired to be another Marcos, she will fail. The people will ensure it. We shall immediately file a petition before the Supreme Court to question Malacañang?s sufficiency of the factual basis of the proclamation of martial law and suspension of the privilege of the writ of habeas corpus,? Lawyer Julius Garcia Matibag, spokesperson for the National Union of Peoples? Lawyers said.

?It is elementary in political law that such declaration and suspension may be made only ?in case of invasion or rebellion? and only ?when the public safety requires it,? under Article VII, Section 18 of the 1987 Philippine Constitution.?

The group explained that the proclamation?s third whereas clause merely invokes an element of rebellion of ?depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives.?

The proclamation?s fourth whereas clause simply says, ?WHEREAS, 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.?

?That is all there is to it. The proclamation did not even bother to state the particulars about the identity, extent and purpose or purposes of these ?heavily armed groups?. How could we ascertain if the president is indeed telling us the truth??

?And even assuming that the president is telling us the truth this time, the ?presence? of heavily armed groups in the area does not necessarily mean that there is already rebellion,? Matibag said.

They also pointed that the powers and prerogatives of President Arroyo being the chief executive or of the legislature have never been deprived since the Maguindanao massacre.

?There has never been such deprivation of powers or prerogatives of the chief executive or the legislature. The president had even time to file her certificate of candidacy to run as member of the House of Representatives in next year?s elections. So where did Malacañang get the idea of such deprivation of powers or prerogatives??

The group also reminded President Arroyo that a state of Martial law does not suspend the operation of the Constitution.

?Thus, warrantless arrests of any person must still be through a lawful cause. And given the record of the military in human rights abuses, we must ensure that no torture or cruel or degrading treatment will be inflicted against anyone that may be arrested,? the group said.