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Sunday, September 25, 2005
Palace denies martial law declaration

MANILA -- President Gloria Macapagal-Arroyo does not need to declare martial law to deal with street protests seeking her ouster, Malacañang said Saturday.

Opposition groups had suggested Arroyo would resort to emergency rule to suppress continued unrest following the defeat of moves to impeach her on vote rigging, bribery and other charges.

Arroyo Watch: Sun.Star blog on President Arroyo


"So-called emergency rule is far-fetched. Current threats and emergency situations can be handily covered by the police and the local governments," Press Secretary Ignacio Bunye said.

"The government's preemptive calibrated response does not mean that it is poised for the exercise of martial powers," Bunye said in a statement.

He explained that the constitutional avenues of protest are open to the people but the government is keeping its option of enforcing all laws that will protect commerce, mobility, jobs, livelihood, and the overall peace of mind of the community of the streets.

"The people are weary of the tyranny of the noisy minority," he said.

The Press Secretary said Malacañang is only after the protection of the majority who are inconvenienced by the wildcat street protests.

Makati Mayor Jejomar Binay said violence would erupt once the government bans protest actions.

Filipinos are wary of martial law after dictator Ferdinand Marcos used it in 1972 to padlock Congress, jail his opponents and critics, and rule by decree until he was ousted in a "people power" revolt in 1986.

On Wednesday, when 5,000 anti-Arroyo protesters marked the 33rd anniversary of the declaration of martial law by Marcos, Executive Secretary Eduardo Ermita warned that the government would disperse rallies without permits and arrest those involved.

Ermita, a senior Cabinet member, said the move follows intelligence reports of "credible plans of anti-government groups to inflame the political situation sow disorder and incite people against the duly constituted authorities."

However, Senator Aquilino Pimentel disputed the position of Malacañang that it can overrule the decision of chief of local executives to issue permit for protest rallies in public places.

Pimentel referred to the statement of Ermita saying any permit for a rally issued by a chief executive like Mayor Binay can be invalidated by Malacañang in the interest of national security.

The senator said provisions of the Local Government Code said the local government officials, particularly the mayors, have the primary authority to grant permits for rallies and demonstrations within their territories. That authority cannot be disregarded by the President because she cannot put herself above the law.

Pimentel, who authored the Code, said instead of unilaterally overruling the decision of mayors over rally permits, Malacañang should let the courts decide on the issue.

He said President Arroyo has no right to ban rallies with or without permits for rallies are allowed in this country by virtue of a constitutional mandate.

"You cannot put restrictions on that right, otherwise the people will be deprived of the avenue within which to air their grievances," he said.

The senator added that if the President would insist in ordering the dispersal of protest rallies and arrest of street activists without permits, President Arroyo can be held liable for culpable violation of the Constitution.

(September 25, 2005 issue)
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