Professional Documents
Culture Documents
PRESIDENT
GLORIA
MACAPAGAL ARROYO committed grave abuse
of discretion
Petitioners contend that respondent officials of
the government, in their professed effort to
defend and preserve democratic institutions, are
actually trampling upon the very freedom
guaranteed by the constitution
Issuances are void for being unconstitutional.
Political
opposition
have
conspired
with
authoritarians of the extreme-Left (NDF-CPP-NPA)
and the extreme-Right (military adventurists)
historical enemies of democratic Philippine State
These conspirators have REPEATEDLY tried to
bring down the President
Claims of these elements have been recklessly
magnified by certain segments of national media
Series of actions of the state obstructing
governance including hindering growth of the
economy and sabotaging peoples confidence and
their faith in the future of this country
These actions are adversely affecting the
economy
These activities give totalitarian forces of both
extreme-Left and extreme-Right the opening to
intensify their avowed aims to bring down the
democratic Philippine State
Article 2, Section 4 makes the defense and
preservation of the democratic institutions
and the state the primary duty of the
government
The
activities
above
described,
their
consequences, ramifications and collateral effects
constitute a clear and present danger to the
safety and the integrity of the Philippine State
and of the Filipino people
March 7, 2006
-
PP 1017
-
March 3, 2006
-
Oral arguments
Solicitor General specified the facts leading to the
issuance of PP 1017 and GO No. 5
There was no refutation from petitioners counsels
Solicitor General argued that the intent of the
Constitution is to give full discretionary powers
to the President in determining the necessity of
calling out the armed forces.
Emphasized that none of the petitioners has
shown that PP 1017 was without factual bases
Even though it is not the respondents task to
state
the
facts
behind
the
questioned
Proclamation, they are presenting the same,
narrated hereunder for elucidation of issues:
PP 1021
-
The
Office
of
the
President
announced
cancellation of all programs and activities
related to the 20th anniversary celebration of
EDSA People Power I
Revoked permits to hold rallies issued earlier by
the local governments
Justice Secretary Raul Gonzales stated that
political rallies, which to the Presidents mind
were organized for purposes of destabilization, are
cancelled.
Davids
companion;
President of party list AKBAYAN; was also arrested.
February 25, 2006 (12:20AM) operatives of the
Criminal Investigation and Detection Group
(CIDG) of the PNP, on the basis of PP 1017 and
G.O. No.5, raided the DAILY TRIBUNE offices in
Manila. (Raiding team confiscated news stories by
reporters, documents, pictures mock ups of the
Saturday issue. Policemen from Camp Crame in
Quezon City were stationed inside the editorial
business offices of the newspaper; while the
police
arrested
CONGRESSMAN CRISPIN BELTRAN, representing
the Anakpawis Party and the chairman of the
Kilusang Mayo Uno (KMU), while leaving his
farmhouse in Bulacan. Police showed a warrant
for his arrest dated 1985 Beltrans lawyer
explained that the warrant which stemmed from a
7
PETITIONS
CHALLENGING
THE
CONSTITUTIONALITY OF PP 1017 AND G.O. NO. 5
(Three of the petitions impleaded President Arroyo as
respondent)
G.R.
o
Government
for
redress
of
Grievances) of Article 3
Section 23 of Article 6 1) The
Congress, by a vote of two-thirds of
both Houses in a joint session
assembled, voting separately, shall
have the sole power to declare the
existence of a state of war; 2) In times
of war or other national emergency,
the Congress may, by law, authorize
the President for a limited period and
subject to restrictions as it may
prescribe,
to
exercise
powers
necessary and proper to carry out a
declared national policy
Section 17 of Article 12 In times of
national emergency, when the Public
Interest so requires, the State may,
during the emergency and under
reasonable terms prescribed by it,
temporarily take over or direct the
operation of any privately owned
public utility or business affected with
public interest.
No. 171489
Petitioners JOSE ANSELMO I. CADIZ et al.,
alleged that PP 1017 is an arbitrary and
unlawful exercise by the President of her
Martial Law powers
Assuming that PP 1017 is not really a
declaration of Martial Law, petitioners
argued that it amounts to an exercise by
the President of emergency powers without
congressional approval
Petitioners asserted that PP 1017 goes
beyond the nature and function of a
proclamation as defined under the Revised
Administrative Code
In respondents Consolidated
Solicitor General countered that:
Comment,
the
A. PROCEDURAL
1. Whether the issuance of PP 1021 renders
the petitions moot and academic
Taxpayers,
voters,
concerned
citizens
and
legislators may be accorded standing to sue,
provided that the following requirements be met:
B. SUBSTANTIVE
1. Whether the Supreme Court can review the
factual bases of PP 1017
Petitioners maintain that PP 1017 has NO FACTUAL
BASIS. Hence, it was not necessary for President Arroyo
to issue such proclamation
RESOLUTION
o Petitions are PARTLY GRANTED
o Court rules that PP 1017 is CONSTITUTIONAL
insofar as it constitutes a call by President Gloria
Macapagal-Arroyo on the AFP to prevent or
suppress lawless violence
o However, the provisions of PP 1017 commanding
the AFP to enforce laws not related to lawless
violence, as well as decrees promulgated by the
President, are declared UNCONSTITUTIONAL
o Provision in PP 1017 declaring national emergency
under Section 17 of Article 7 of the Constitution is