|
Sunday, March 05, 2006
SC told to rule on legality of Proclamation 1017
MANILA -- Despite the lifting of Proclamation 1017, which had put the country under a state of national emergency for a week, a dean from the University of the Philippines (UP) said Saturday the Supreme Court (SC) should still discuss and issue a ruling on its legality.
UP College of Law Dean Salvador Carlota said although the discussion on Proclamation 1017 could be considered as moot and academic after President Gloria Macapagal-Arroyo had recalled it, the high court still needs to rule on the issue in order to avoid a repeat of proclaiming state of national emergency.
"Even if the question or the issue is already moot and academic, it has the capability for a repeat in the future, the SC could go on and resolve the issue," Carlota said.
A group of lawyers and some opposition groups are questioning the legality and constitutionality of the proclamation before the Supreme Court, which is set to tackle the petition on Tuesday. However, Arroyo last Friday lifted the weeklong state of emergency.
The President had proclaimed the state of national emergency following an aborted coup allegedly to be staged by opposition members, communist groups, and military adventurists against her administration.
Carlota urged concerned parties to present their arguments and wait for the SC to decide on whether Proclamation 1017 is constitutional or not.
When asked whether the proclamation is illegal, he said, "It depends on how it you look at it."
"In evaluating the constitutionality of Proclamation 1017, you should not separate, segregate 1017 from General Order No. 5. The warrantless arrests and suppression of freedom of speech is not allowed in the 1987 Constitution," he explained. (JPM/Sunnex)
(March 5, 2006 issue)
Write letter to the editor. Click here.
Join the Sun.Star message board. Click here. |
|
|
|
[return to top]
[home]
|
|
RP, US military forces rescue 15 people at sea