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Thursday, May 04, 2006
SC rules 1017 constitutional, but thumbs down arrests, raid
MANILA -- The Supreme Court (SC) struck down Wednesday as unconstitutional portions of President Gloria Macapagal-Arroyo's declaration that placed the country under a state of emergency in February.
Arroyo's action calling on the military to suppress lawless violence was legal but certain provisions of Presidential Proclamation 1017, such as ordering troops to enforce laws unrelated to preserving law and order, "are declared unconstitutional," SC spokesman Ismael Khan said.
The High Tribunal also ruled that certain police actions in February, including the arrest of protesters and Anakpawis party-list Representative Crispin Beltran, a raid on the Manila office of The Daily Tribune and police threats to impose reporting standards on journalists, were illegal.
Arroyo made the February 24 emergency declaration in a nationally televised address after military officials announced the arrest of an army general and the restriction to camp of a marine colonel who allegedly planned to lead soldiers in a pro-democracy march along with anti-Arroyo groups and left-wing activists.
The Philippine National Police (PNP) said it is ready to face counter charges following the SC’s decision of Proclamation 1017 as it declared as illegal the warrantless arrests and raids by the police.
“It’s their right to file charges. They should see the side of the law enforcers,” said PNP Chief Arturo Lomibao on the possible charges that may be filed against PNP personnel in connection with the arrests and raids.
It was the third time in a row that the High Court has struck down controversial orders of Arroyo.
Last week, the SC threw out as unconstitutional a government order for police to break up anti-Arroyo protests and ruled as invalid portions of Arroyo's executive order that banned officials from testifying in Congress without her consent.
Replying to justices who fully backed Arroyo's declaration, Chief Justice Artemio Panganiban said her proclamation "has nuclear teeth that must indeed be defanged."
"Some of those who drafted Proclamation 1017 may be testing the outer limits of presidential prerogatives and the perseverance of this court in safeguarding the people's constitutionally enshrined liberty," Panganiban said. "They are playing with fire, and unless prudently restrained, they may one day wittingly or unwittingly burn down the country."
Press Secretary Ignacio Bunye welcomed the court's decision upholding her constitutional right as the military's commander-in-chief to call out troops to deal with lawless violence, adding that her actions were aimed at safeguarding democracy.
Bunye said it was up to the government's chief lawyer to decide whether to appeal the rest of the court's ruling.
Opposition politicians and petitioners lauded the court's decision.
"The Supreme Court once again struck down Malacañang (presidential palace's) dictatorial and draconian tendencies by declaring as illegal police arrests and raids under 1017," said Representative Roilo Golez, Arroyo's former national security adviser who has withdrawn political support from her. "The people and the media won."
Dissenters in the majority ruling were Associate Justices Renato Corona, Dante Tinga and Presbiterio Velasco. Senior Associate Justice Reynato Puno took no part in the decision as he was still on leave.
The SC declared as "extraneous" the provisions in Proclamation 1017 giving the President express or implied power to direct the Armed Forces to enforce obedience to all laws even those not related to lawless violence, and to impose standards on media or any form of prior restraint on the press.
It also said that under Section 17, Article XII of the 1987 Constitution, the President, in the absence of legislation, cannot take over privately owned public utility and private business affected with public interest.
Earlier, the government had asked the court to dismiss all seven petitions assailing Proclamation 1017 for lack of merit and on the ground that the case has already been rendered moot and academic.
Among the petitioners were University of the Philippines Professor Randy David, Daily Tribune publisher Niñez Cacho-Olivares, a group of congressmen led by House Minority Floor Leader Francis Escudero, former senator Loren Legarda and militant labor group Kilusang Mayo Uno.
"In sum, the lifting of Proclamation 1017 is a supervening event that would have normally rendered this case moot and academic. However, while Proclamation 1017 was still operative, illegal acts were committed allegedly in pursuance thereof. Besides, there is no guarantee that Proclamation 1017, or one similar to it, may not again be issued," the SC said in a 78-page decision penned by Associate Justice Angelina Sandoval-Gutierrez.
"Consequently, the transcendental issues raised by the parties should not be "evaded" and they must now be resolved to prevent future constitutional aberration," the SC said.
The SC further noted media reports last April 30 that Proclamation 1017 would be re-imposed "if the May 1 rallies become unruly and violent."
General Order (GO) Number 5, the implementing law of Proclamation 1017, was likewise declared valid as it provides a valid standard that the military and the police should take only the "necessary and appropriate actions and measures to suppress and prevent acts of lawless violence."
However, the words "acts of terrorism" found in GO 5 have not been legally defined and made punishable by Congress and should thus be deemed deleted from the order, the SC said. (AP/Sunnex)
(May 4, 2006 issue)
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