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Saturday, March 04, 2006
Emergency over, order restored: Arroyo tells nation
MANILA -- President Gloria Macapagal-Arroyo on Friday announced the lifting of the state of national emergency, saying that order has been restored and the plot against her has been broken.
"Today, a week later, I am happy to report that the cabal is broken and it is time to get back to the real business of governing. I am confident that order has been restored. Therefore, with the power vested in me by our Constitution, I declare that effective immediately, the state of emergency is no longer in affect," Arroyo said in a televised addressed delivered in Tagalog.
But just an hour before she made the announcement, two strong explosions rocked an area just outside an entertainment and commercial establishment in Pasig City. No one was hurt in the twin blasts, which occurred at 9:45 a.m.
Arroyo, through Proclamation 1021, said "the AFP (Armed Forces of the Philippines) and PNP (Philippine National Police) have effectively prevented, suppressed, and quelled the acts of lawless violence and rebellion."
The President warned her political opponents to stop undermining her government with their "cheap political antics."
"I will not stand for this kind of adventurism at any time. And I will act with the same force of will and determination again and again if our opponents insist on inflicting instability on the nation and hurting our economy," she said.
Arroyo said the state of emergency was necessary to insure the stability of the people and the country against "an alliance of malicious destabilizers and misguided military intriguers" who wanted to take advantage of the Edsa celebrations to sabotage the 1987 Constitution and bring down the government.
"It was not an action I took lightly, but I felt too much was at stake to do anything less. I believe my actions strengthened and protected our civil liberties and free press, and maintained the economic gains we fought so hard to secure," she said.
She said the destabilizers' actions have been documented and the justice system will see to their fair trial.
Arroyo ordered Defense Secretary Avelino Cruz Jr. to lead a "bottom-up review" to get the views of the soldiers in the field and make sure that military reforms continue.
Press Secretary Ignacio Bunye said General Orders 5 and 6, which ordered the military and police to ensure law and order, and Administrative Order 143, which prohibits the carrying of firearms outside homes and offices, will be lifted.
Bunye said the explosions in Pasig, which came before Arroyo was recording her televised address, were too "minor" to affect her decision.
But Presidential chief of staff Michael Defensor said they were the work of a "terrorist group" that resorted to such acts because they failed to confront government head on.
Former President Fidel Ramos was gratified with the lifting of the state of emergency as it prevented a more serious action from restive members of the military.
But Ramos said Arroyo, as Commander-in-Chief, must immediately address the legitimate grievances and recurring concerns of the military, the police, and the veterans.
He said Arroyo must also explain provisions of Proclamation 1017 as well as General Orders 5 and 6 as it has served as basis for some of the actions taken by the military and the police in the past days, even if the declaration has already been lifted.
Ramos said he has seen the copies of the issuances and discussed it with Executive Secretary Eduardo Ermita and Bunye but he feels that further explanation is needed.
"There are some follow up actions that need to be taken, to really justify or affirm the much publicized leftist, rightist conspiracy and that is a dampening reason for the chilling effect on the economy," Ramos said.
Police are investigating the blasts that occurred near Metrowalk, an entertainment and commercial establishment.
National Police Chief Arturo Lomibao and National Capital Region Police Office head Vidal Querol rushed to the site of the explosions.
Lomibao said initial investigation by the police in the area showed that the blasts were pillbox explosions as no bomb components and materials were retrieved from the area.
He also assured the public that there was nothing to worry about.
The first blast occurred at 9:45 a.m. near the Eastern Police District's traffic and Special Weapons and Tactics (Swat) offices. A minute later, another explosion went off outside a canteen located behind Metrowalk.
Following the lifting of the state of emergency, chief presidential legal counsel Eduardo Antonio Nachura said they would ask the Supreme Court to dismiss all petitions questioning its legality.
Nachura said the lifting of the national state of emergency by Arroyo renders all petitions moot and academic.
He is confident that their petition would be granted. "We expect the cases would be dismissed," he added.
Nachura said they would file their petition next week. Nachura is meeting with Solicitor General Alfredo Benipayo to finalize the details.
Justice Secretary Raul Gonzalez Sr., for his part, said government would continue to monitor media entities and other individuals perceived to be aiding destabilization despite the lifting of Proclamation 1017.
"We have to be more vigilant now. We can always impose it when the necessity arises. We will continue monitoring media entities," Gonzalez said in a briefing.
Gonzalez said Proclamation 1017, issued on February 24, has a "sobering effect" on the media that even those who were anti-government have learned to toe the line.
"There are many lessons learned from Presidential Proclamation 1017. Even the most rebellious media have started to re-examine their own policies. It had some sobering effect," he said.
He said even without Proclamation 1017, the police may conduct arrests without a warrant from court, such as when someone is caught in flagrante or in the act of committing crimes or in arresting fugitives from justice.
Gonzalez also said the rebellion and coup d'etat cases would be pursued despite the lifting of the state of national emergency.
He also said the government, with the National Telecommunications Commission, and the police at the helm, would continue to monitor media entities that are "recklessly" reporting the claims of groups linked to those wanting to wrest power from government.
With the lifting of Proclamation 1017, he said, police authorities deployed at the office of the Daily Tribune in Kalaw, Manila should be pulled out.
Police raided the opposition broadsheet's editorial and business offices because it was publishing anti-Arroyo information.
However, Gonzalez said the prohibition on alleged illegal rallies would stay adding that the freedom of assembly, while guaranteed by the Constitution, still is subject to limitations.
He explained that crucial to the President's consideration in lifting Proclamation 1017 was the concern raised by her economic managers on its effect on the country's business climate.
"The President is an economist. All things being equal, between economy and security, she will choose economics given that the situation has simmered down. And that is sound (decision)," Gonzalez said.
At the Supreme Court, oral arguments on Proclamation 1017 on Tuesday will proceed despite the lifting of the declaration of the state of national emergency.
Supreme Court spokesman Ismael Khan Jr. said the court will continue to hear all seven consolidated petitions questioning the Constitutionality of Proclamation 1017, to set jurisprudence on the matter once and for all.
"It's possible that the oral arguments would go on. The court has already acquired jurisdiction over these petitions," he told reporters shortly after Arroyo announced the lifting of Proclamation 1017.
Khan cited a precedent case in Sanlakas vs. the Executive Secretary in 2004, wherein the high court opted to rule on a consolidated case filed by several groups questioning the legality of Proclamation 427 and General Order 4 declaring a state of rebellion following the July 27, 2003 Oakwood mutiny.
In that ruling penned by Associate Justice Dante Tinga, the Supreme Court said that claims made by petitioners that the declaration of a state of rebellion amounts to a declaration of Martial Law "is a leap of logic."
The high court decided to rule on the controversy despite a similar preemptive move by Malacañang to revoke the proclamation ahead of the court ruling.
"To prevent similar questions from reemerging, we seize this opportunity to finally lay to rest the validity of the declaration of a state of rebellion in the exercise of the President's calling out power, the mootness of the petitions notwithstanding," it said in the en banc decision dated February 3, 2004.
"The President, in declaring a state of rebellion and in calling out the Armed Forces, was merely exercising a wedding of her Chief Executive and Commander-in-Chief powers. The powers are purely executive powers vested on the President," the justices added.
Khan declined to comment on whether the high court may decide in the same way as it did in the precedent case where the tribunal dismissed the petitions assailing the validity of Proclamation 427 and General Order 4 and upheld the President's declaration of a state of rebellion.
However, he noted that the present case is different since it involves affected parties.
Among those who sued the government against Proclamation 1017 were university professor Randy David, the Alternative Law Group, Daily Tribune publisher Niñez Cacho-Olivarez, former senator Loren Legarda, 22 minority lawmakers from the House of Representatives led by House Minority Leader Francis Escudero, Integrated Bar of the Philippines and the militant group Kilusang Mayo Uno.
Secretary Gonzalez said in a separate interview that while the case against Proclamation 1017 may be rendered moot and academic with the President's recall of Proclamation 1017, "it would be good that the Supreme Court would proceed with it and decide on the case."
At the House of Representatives, some members were not totally satisfied with the decision of Arroyo to lift Proclamation 1017.
Although some of them have expressed a little relief over the announcement of Arroyo, they claimed though that doubts have remained if such may be declared anew anytime that Malacañang wishes to.
Because of this, Ilocos Norte Representative Ma. Imelda "Imee" Marcos said it would be better that the SC still act on the several petitions questioning the legality and the Constitutionality of Proclamation 1017.
Marcos also said the Supreme Court must not treat the petitions as "request letters" but as part of a legitimate Constitutional issue that requires jurisprudence that transcends beyond the prescription of time even if Malacañang had already lifted Proclamation 1017.
"Proclamation 1017 is an assault on civil liberties and a direct intimidation to public interest. If the Supreme Court fails to act on this when 1017 is lifted, then there would be no closure. The people and the entire nation will still be in constant state of fear," Marcos said.
Administration-turned-opposition Congressman Roilo Golez of Parañaque City said he was relieved over the lifting of the 1017.
"Malacañang has bowed to the force of the truth and the strength of the people's fervor for the Bill of Rights, particularly the freedom of press, speech and assembly," Golez said in a press statement.
Golez, at the same time, warned Lomibao not to trifle and tamper with the freedom of the press by arrogating upon himself the power to impose standards that media should follow.
"He should be reminded that press freedom is larger than PNP, than Congress and the President. He will not be the PNP chief forever but press freedom is irreversible and will be with us forever," he said in reaction to claims made by Lomibao that the PNP would still impose some "restrictions" by monitoring some media offices which could be used as a tool for destabilization.
Administration congressmen hailed Arroyo for her decision to lift the national emergency.
House Majority Leader Prospero Nograles said everything will be back to normal although he stressed that police and the military should remain vigilant by monitoring any activity that may lead to another plan to oust Arroyo.
Despite the lifting of Proclamation 1017, the five legislators holed up at the House of Representatives would still confine themselves at the premises of the Batasan in Quezon City until Malacañang makes a categorical statement that their pending warrantless arrests for rebellion charges would be lifted as well.
Party-list Representative Satur Ocampo, Teodoro Casiño and Joel
Virador of Bayan Muna, Liza Maza of Gabriela and Rafael Mariano of Anakpawis said they would want to be clarified first if the order for their arrest still stands despite the lifting of Proclamation 1017.
Casiño said that if everything is back to normal, then Malacañang should also make sure that their rights will no longer be curtailed as what had happened the moment Arroyo placed the country under the state of national emergency.
"She should also declare that we couldn't be arrested without a warrant, as well as the 51 others charged with rebellion. She should also order the release of one of our colleagues," Casino added, referring to the 73-year-old Anakpawis Representative Crispin Beltran who is still confined at the National Police General Hospital.
Beltran was arrested hours after Arroyo declared Proclamation 1017 and was brought to Camp Crame. He was later transferred to the hospital due to hypertension.
Beltran, in a statement issued to the media, called for his "immediate release and the nullification or withdrawal of the recent rebellion charges against him and other known opponents of Arroyo." (JMR/ECV/DBP/MSN/Sunnex)
(March 4, 2006 issue)
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