MANILA, Philippines?Martial law remains in effect in Maguindanao despite as many as five petitions seeking from the Supreme Court a temporary restraining order (TRO) and prohibition on its continued implementation in the province.

?The court did not feel that there is a need to issue a [TRO] at this point,? Gleo Guerra, a deputy spokesperson of the tribunal, said Tuesday in a news conference shortly after its weekly en banc session.

But even if ?no action was taken on the prayer for the TRO,? Guerra said the high court acknowledged the urgency to resolve questions on the constitutionality of President Gloria Macapagal-Arroyo?s imposition of martial law in Maguindanao by giving the respondents only five days to submit their arguments.

She said respondents were usually given 10 days to comment on a petition filed against them.

?Upon receipt [of the comments], the court will deliberate on whether or not [it] will hold an oral argument,? Guerra said.

The Supreme Court has decided to consolidate the five petitions assailing the constitutionality of the President?s Proclamation No. 1959.

The petitioners include former Senate President Jovito Salonga, militant lawmakers led by Bayan Muna party-list Rep. Satur Ocampo, the National Union of People?s Lawyers, Maguindanao Rep. Didagen Dilangalen, and Sigfrid Fortun, legal counsel of the Ampatuan family in Maguindanao.

The Ampatuans, longtime political allies of Ms Arroyo, are implicated in the Nov. 23 massacre of 57 people, including at least 30 media workers, in the province.

The respondents are the President, Executive Secretary Eduardo Ermita, acting Defense Secretary Norberto Gonzales, Interior Secretary Rolando Puno, Armed Forces Chief of Staff Gen. Victor Ibrado and Philippine National Police Director General Jesus Verzosa.

In sum, the petitioners said the proclamation of martial law in Maguindanao was unconstitutional because of the absence of ?actual invasion or rebellion? there.

Government officials had claimed a ?looming rebellion? of forces loyal to the Ampatuans and a nonfunctioning court system as bases for the declaration of martial law in Maguindanao.

But on Saturday, the Supreme Court through its spokesperson Midas Marquez said developments in the multiple murder case filed against Datu Unsay Mayor Andal Ampatuan Jr., the prime suspect in the massacre, indicated that the courts were functioning.

?The information I received from the field is that the trial court has issued a commitment order, a hearing for the petition for bail has been set for Monday, and no less than six search warrants have been issued,? Marquez said.

?Bogus?

?This is far from a picture of a nonfunctioning judicial system,? he said.

Lawyer Oliver Lozano has also asked the Quezon City Regional Trial Court to issue a TRO on the implementation of martial law in Maguindanao, claiming it would endanger his chances in the 2010 presidential election.

He named Gonzales, Ibrado and Verzosa as respondents.

Lozano, who introduced himself as a presidential candidate in his civil complaint, claimed that the ?bogus martial law? would adversely affect his candidacy.

He said the implementation of martial law in Maguindanao was illegal under the 1987 Constitution for lack of lawless violence, invasion and rebellion.

?The essential conditions for martial law are not present. Pursuant to the Constitution, the President can simply call out the AFP to quell violence,? Lozano said.

He said the imposition of martial law might be exploited and imposed throughout the country, ?thereby endangering free and honest elections, which is adverse to the plaintiff?s presidential candidacy or interest.?

Lozano sought to block the three respondents from continuing to implement martial law in Maguindanao.

?[It] has no factual basis. Hence, the order to implement martial law is illegal, unjust and oppressive, and the implementation is equally illegal, unjust and oppressive,? he said.

Final say

As of Tuesday, Lozano?s complaint had yet to be raffled off to any of the Quezon City RTC?s branches.

In Boac, Marinduque, former Senate President Franklin Drilon expressed the belief that the Supreme Court would have the final say on the legality of Ms Arroyo?s Proclamation 1959.

Drilon made the statement in the wake of the senators? acknowledgment on Monday that they would be outvoted in Wednesday?s joint session of Congress on whether to extend or revoke the proclamation.

He said that even if the House outvoted the Senate in favor of extending the proclamation, the Supreme Court would ultimately decide on its constitutionality.

Drilon and Sen. Manuel Roxas II, senatorial and vice presidential candidates, respectively, of the Liberal Party (LP), visited Marinduque Tuesday morning for the mass oath taking of the LP?s local candidates led by former Rep. Edmundo Reyes Jr.

Reyes is a former stalwart of the ruling Lakas-Kampi-CMD coalition.

Roxas said the administration overreacted in declaring martial law in Maguindanao.

?We all want that the perpetrators of the massacre in Maguindanao be punished with the full force of the law. But it doesn?t mean that the government can at any time be above the law,? Roxas said. With reports from Julie M. Aurelio in Manila; Gerald Gene R. Querubin, Inquirer Southern Luzon