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Friday, February 24, 2006
'State of emergency' allows Arroyo to tap military
MANILA (Updated 3:20 p.m.) -- Presidential Proclamation 1017 allows President Gloria Macagapal-Arroyo to command the Armed Forces to prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion.
Arroyo declared a state of national emergency shortly before lunch Friday, saying she had quashed a coup plot but that the Philippines still faced a "clear threat" from treasonous forces.
Clashes erupted as riot police used water cannons to disperse about 5,000 protesters defying a ban on rallying at a shrine to the 1986 "people power" uprising that toppled dictator Ferdinand Marcos.
Police then used truncheons and shields to roust a stone-throwing group trying to gather for a second protest. Several people were arrested; others were left bloodied.
The proclamation was anchored on Section 18 Article VII of the Philippine Constitution, which states, "The President whenever it becomes necessary may call out the armed forces to prevent or suppress rebellion."
"And in my capacity as commander in chief do hereby command the Armed Forces of the Philippines to maintain law and order throughout the Philippines. Prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all laws, decrees, orders and regulations promulgated by me personally or upon my direction and as provided by Section 17 or article 12 do hereby declare a state of national emergency," Arroyo's Proclamation 1017 states.
Constitutionalist Joaquin Bernas said it is within the power of President Arroyo to declare a state of emergency as Commander-in-Chief of the Armed Forces of the Philippines.
Bernas also said the warrantless arrest under this state of emergency, is allowed in the Constitution.
The President signed Proclamation 1017 declaring a state of emergency after the military uncovered a plot by leftists and military adventurists to topple the government.
Presidential chief of staff Michael Defensor said that under a state of emergency warrantless arrests against unruly persons can be effected.
At the same time, Justice Secretary Raul Gonzales, in a separate interview, said the state of emergency is a "judgment call of the President" because of the present and imminent danger to national security.
Bernas said ordinary citizens have no cause to worry about warrantless arrests as long as they remain peaceful and don't participate in covet operation. "They should not really be concerned," he expressed. But government must ensure that constitutional rights are observed.
He also said that it is the government that determines which public utilities could be closed under a state of emergency.
He reminded that the threat of anti-government critics to challenge Proclamation 1017 may be pursued but a similar case was already junked by the Supreme Court.
As an immediate effect of the Proclamation, Malacañang revoked all rally permits issued to different groups who planned to stage a rally Friday in commemoration of the Edsa revolution.
Professor Randy David was arrested by police while trying to negotiate for a peaceful demonstration to commemorate the Edsa revolution.
UP Law Professor Marvic Leonen in a television interview contradicts Bernas’s opinion saying the declaration alone does not authorize warrantless arrests, except in the circumstances provided by law, which are in cases when a person is caught inflagrante delicto, personal knowledge of a fact of an element of an offense by the arresting officers and those who escape from detention centers.
He added that the Proclamation does not translate to a suspension of civil rights and the privilege of the writ of habeas corpus.
He further said that even with such a proclamation, the right to free speech and freedom of expression are still in force.
He feared, though, that with this development, regular rallies as a manifestation of freedom of speech and expression might be misconstrued as being part of seditious or rebellious activities.
There has been no word yet as to how long would the declaration will be enforced.
Meanwhile, President Arroyo directed the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) on Friday to prevent and suppress acts of terrorism and lawless violence in the country.
The move is in connection with the President's Proclamation No. 1017, declaring a state of national emergency after a failed coup attempt by some disgruntled members of the military.
Presidential Chief of Staff Michael Defensor said at least eight to 10 civilian and military officials allegedly involved in a foiled attempt to oust the President are being hunted down by the authorities.
However, he refused to identify the suspects so as not to jeopardize the ongoing surveillance against them.
Defensor said "clearing operations" are going on inside the Palace.
Members of the media were told earlier that they could stay at the Malacañang Press Office in Kalayaan Hall up to 6 p.m. only. All gates leading to the Palace have been blocked by container vans.
"The coup threat is not yet over," Defensor said, adding "While we may have nipped it in the bud, there is still clear and present danger."
He said that government would not allow the holding of rallies. There was also an order that no firearms would be allowed on the streets.
Defensor assured the public, however, that the situation is under control. (AP/Sunnex)
Arroyo's statement on declaration of national emergency
Professor, 2 others nabbed (2:29 p.m.)
Arrests without warrant may be done under emergency state: Palace (2:07 p.m.)
Stocks fall on coup fears, state of emergency (1:55 p.m.)
Edsa 1 anniversary activities called off (2:05 p.m.)
Police scuffle with anti-government demonstrators (12:10 p.m.)
Arroyo declares state of emergency
Security tight amid spiraling coup rumors (11:26 a.m.)
State of emergency eyed by Palace (9:13 a.m.)
Marine Colonel denies supporting pending coup (8:45 a.m.)
'Pending coup' launched v. Arroyo ) |
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