another of GMA's stupid panic buttons


Due to illegal exercise of Martial Rule


17 Lawyer Groups File Petition at SC to Stop Proclamation 1017


 ALTERNATIVE  Law Groups, Inc. (ALG), a coalition of 17 lawyer organizations has filed a petition for certiorari with a prayer for a temporary restraining order at the Supreme Court challenging the constitutionality of Proclamation 1017 and its application through General Order No. 5.


 


In the petition, ALG lawyers claim that Proclamation 1017 should be “struck down and declared null and void” because President Arroyo has illegally exercised martial law powers by “resurrecting” the 1973 Martial Law and “mangling” Article II, section 4 of the 1987 Constitution. 


 


ALG lawyers claim that since there has been no declaration of a state of martial law and/or a suspension of the writ of habeas corpus – which could only be granted through an act of Congress within the limits of the Constitution, Proclamation 1017 has not give any extra powers to the President to prevent or hinder democratic rights.


 


“All democratic rights guaranteed and protected under the Constitution are still in place and could not be quelled by the proclamation,” said Atty. Marlon J. Manuel, ALG spokesperson


 


“Therefore, the proclamation has no effect on the Bill of Rights – specifically the freedom of speech, of expression or of the press and the right of the people to peaceful assembly and to petition the government for redress of grievances. Thus the president cannot suppress people power with a superfluous and illegal edict such as Proclamation 1017,” added Manuel. 


 


Iron hand


Also, Malacañang could be violating the Constitution through the issuance of Proclamation 1017 as there are no clear threats that would merit a declaration of national emergency according to  Manuel.


 


Manuel explained that based on jurisprudence, particularly in the case of Agan Jr. vs. Piatco (2003), the Supreme Court elucidated that the term national emergency pertains to threats from external aggression, calamities or national disasters but not strikes unless it is of such proportion that would paralyze government service.


 


“We do not see any clear and present threats either from external aggression, calamities, national disasters or paralyzing strikes that would justify such declaration. Proclamation 1017 also did not give extra powers to President Arroyo to lift an iron hand as what she did with the raiding of the Daily Tribune, the arrest of rallyists and the lining up of 200 other individuals for arrest,” said Manuel.


 


“Malacañang through Proclamation 1017 is the one creating fear to quell legitimate protests against the government. Malacañang could not just go on a witch hunting spree and violate human rights and freedom of expression through a toothless edict,” added Manuel.


 


ALG lawyers also claim that President Arroyo’s declaration of state of emergency is not necessary in order for her to call on the military to prevent or suppress rebellion.


 


“This has been decided by the Supreme Court in the case of Sanlakas vs. Reyes (2004). In the decision, the SC stated that in calling out the armed forces, a declaration of a state of rebellion is an utter superfluity and is devoid of any legal significance. The High Tribunal said that the declaration only gives notice to the nation that such a state exists and that the armed forces may be called to prevent or suppress it,” said Manuel.


 


Abuse of power


ALG lawyers also claimed that President Arroyo “is abusing presidential power” due to the misapplication of Section 17 Article XII.


  


“The president cannot invoke Section 17, Article XII as this only refers to takeover of public utilities by the State in times of national emergency. President Arroyo is not the State by herself. This could only be exercised pursuant to a law enacted by Congress,” concluded Manuel.

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