STATEMENT ON NATIONAL EMERGENCY
The FREE LEGAL ASSISTANCE GROUP [FLAG] strongly
condemns Proclamation 1017 declaring a state of national emergency.
Proclamation 1017 is a license given to the military and police to use
against whosoever they perceive to be enemies; it silences all forms of
criticism, including media reporting.
Through Proclamation 1017, Gloria Macapagal Arroyo has arrogated unto
herself the power to promulgate decrees, orders and regulations (last
paragraph), not different, in effect, from Amendment No. 6, which
Marcos used to legislate:
"Whenever in the
judgment of the President, there exists a grave emergency or a threat
or imminence thereof," he may, in order to meet the emergency, issue
the necessary decrees, orders or letters of instructions, which shall
form part of the law of the land.
In Proclamation 1017,
Gloria Macapagal Arroyo alleges a "conspiracy" between "elements in the
political opposition," "extreme left," and "extreme right," fueled by
"certain segments of the national media" to "bring down the duly
constituted Government elected in May 2004." (1st and 3rd Whereas
Clauses) All who are or may be identified as belonging to the political
opposition, extreme left, extreme right and the national media are
targets.
Proclamation 1017 is arbitrary; it contains no clear
directives, standards or guidelines; it sets no time frame for the
duration of the emergency. Even worse, Gloria Macapagal Arroyo's public
announcement categorically cedes to the Armed Forces of the Philippines
and the Philippine National Police the power to do whatever needs to be
done as a consequence of this Proclamation, without limit or
accountability.
There is neither factual nor legal basis for
the declaration of a national emergency. In her public statement
announcing Proclamation 1017, Gloria Macapagal Arroyo herself over
nationwide television announced that she was "in control" of the
situation and that threats against her government had already been
neutralized and quelled. There is, therefore, no real emergency to
speak of. In addition, if all Gloria Macapagal Arroyo wants to do is to
prosecute those who violate the law, there are adequate laws and
processes to investigate and prosecute them.
Proclamation 1017
cites two constitutional provisions as its legal basis: the
commander-in-chief provision (Art. VII, Sec. 18) and the emergency
powers provision (Art. XII, Sec. 17).
Under Section 18, the
only grounds to call out the Armed Forces are lawless violence,
invasion or rebellion; while the only grounds to suspend the privilege
of the writ of habeas corpus, or to declare martial law are invasion or
rebellion. Not one of these grounds exists. A so-called "conspiracy to
bring down" Gloria Macapagal Arroyo is not—in and of itself—lawless
violence, invasion or rebellion.
While Art. XII, Sec. 17 allows
the President to declare a state of national emergency (which may
include a "military national emergency"), the only power granted the
State under this provision is to "temporarily take over or direct the
operation of any privately owned public utility or business affected
with public interest." This power may only be exercised during the
emergency and under reasonable terms.
By "saving democracy,"
Gloria Macapagal Arroyo has just destroyed it. FLAG calls on Gloria
Macapagal Arroyo to withdraw her Proclamation.
Quezon City, Philippines, 24 February 2006.
JOSE MANUEL I. DIOKNO
Chairman
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