vonjobi: wow, congratulations! kelan ang trip? i hope i'll be around when you come. had a good time with diosa last...
Keith Bacongco: Knowing Nograles and his Big Boss...garapalan na lang talaga.
Vinia Datinguinoo Mukherjee: Congratulations, PCIJ! Mabuhay kayo!
Lead Philippines: But without credible mass media there, what is left to protect the people..?
vonjobi: it's juned sOniDo.

Latest Message 5 months ago

hopeless_race : Lets not just focus sa mga malversation of funds, sa mga overpricing..ating pagtuunan ng atensyon ang diskarte ng mga politiko na umuutang ng bilyon bilyon sa gobyerno."Small time" ang ibang pamamaraan ng pangungurakot kumpara sa pag-utang sa gobyerno ng bilyon na tunay ngang masasabing "pinaka big-time" at wala pang sabit.
hopeless_race : Mukhang tikom ang bibig ng lahat pagdating sa diskarte ng mga politiko sa pagutang ng mga bilyon bilyon sa gobyerno na tinatakbuhan. Itong pamamaraan na ito ang tunay na kumakain ng malaking porsyento ng ating national budget batay na din sa sinasabi ng world bank.
hopeless_race : Pakisilip naman po ang mga utang ni Villar sa BSP, ang mga utang nila RAMON JACINTO, RONNIE ZAMORA, JOE DE VENECIA at madami pang ibang mga pulitiko. Iilan lamang yan sa mga nababanggit sa balita na may mga malalaking utang sa gobyerno.
hopeless_race : Nagmimistulang "small time" lamang ang malversation of funds kumpara sa laki ng kinakamal ng mga umuutang sa gobyerno. At ito ay malinaw na natatakbuhan dahil hindi nga naman pwede makulong ang may-ari ng kumpanya sa pagkaka-utang lamang. Tunay na mga tuso at magagaling sa batas itong mga politiko natin. Masasabi ko na malamang lahat ng mga politiko ganito ang diskarte...wala pang kulong.
hopeless_race : PCIJ pkitingnan naman po ang mga gaya ni Villar na my malaking utang sa Gobyerno pero tinatakbuhan. Magtatayo ng kumpanya at uutang ng bilyon bilyon sa gobyerno ng walang balak bayaran. Tunay ngang walang nakukulong sa utang...ito ang prinsipyo ginagamit ng mga politiko ntin kaya nakakapagtaka kung san napupunta ang daang bilyong pera ng gobyerno.
hopeless_race : Sana itreat naman po ng media ang hacienda luisita at mendiola massacre na parang MAGUINADANAO MASSACRE. Ipublicized ang mga katotohanan at ipakita sa tao ang karumaldumal na pinaggagawa sa mga farmers dun. Untouchable po ba sila cory at danding at hindi magawang batikusin ng media about these two massacres?
hopeless_race : Kapag napaguusapan ang mendiola at hacienda luisita massacre ay parang walang nangyari at parang hindi big deal. Anu po ba ang pinagkaiba ng dalawang nabanggit na massacre sa maguindanao massacre?
hopeless_race : Its sad that we pinoys are blind to the fact of what had happened in mendiola and hacienda luisita. Ang tanong..bakit ang media ay hindi manlang matackle ang ganitong usapin? Takot ba sila kay cory at danding?
hopeless_race : Wilkins" brand, for P1.4 billion.-1999 Sugarland Multi-Food Corp. for P2.9 billion 2001- Purefoods Corp P7 billion P60 billion Coca-Cola ... See More 2002- Cosmos Bottling Corp. from RFM Corp. for P14.1 billion October 2008- GSIS' shares in Meralco worth PHP30 Billion. December 2008- country's biggest oil refiner, Petron Corporation. international company shopping spree: Australian boutique brewer J. Boag and Son for A$96 million in 2000. $97 million for Thai Amarit Brewery Ltd $35.5 mi
hopeless_race : Gud am..glad to be back.
jr_lad : rip mr. alecks pabico. you'll be greatly missed!
sevens21 : Dati input mo lng name at SSS ID makukuha mo agad STATIC INFO...
sevens21 : tawag ka sa HOTLINE nila walang ANSWER grrr we need pa namn ng static info SSS Gising!!!
sevens21 : Gawa naman po kayo ng article about SSS. Pangit ng site nila dali ma blocked ng account
guest_899 : we must check the background of each potential candidates to avoid having another big mistake like GMA
guest_899 : congratulations to PCIJ, more power and God Bless !
jazzymuver : how did Arroyo swallow that kind of things!! how come that she just spend the money our countrymen for her own sake!!
guest_3664 : i would be glad if u can include the investigation of the manner public officials announce infra projects as per COA regulation. It is frustrating to see their faces on the tarpaulin instead of the prescribed information like name of project, date of implementation,amount of contract, source/s of fund, among other things. This is very rampant here in Marikina. Thanks and more power on your noble endeavors. We need people like you to have make our country great again.
jhanz_08 : im making research on R.A 9136...with rgards to the privatization of NPC..could someone out there can let me understand more bout this matter?why was monopoly dismantled?email me..jhanycem@yahoo.com...thanks much
erika marie : P.S.:) my paper is due next week and i do hope someone could provide me these reports coming from reliable resources thank you ulit.
erika marie : P.S.
guest_4275 : i am currently doing a study regarding political killings in the philippines. could someone out there please send me human rights reports under Aquino and Ramos administration. you could send it at my email: erikamariet@yahoo.com your response would surely be very much appreciated. thank you everyone. god bless.
guest_4275 : i am currently doing a study for my paper regarding political killings in the philippines. i noted that there are no human rights reports during the Aquino and Ramos administration. could someone out there please send me reports regarding these matter? i do hope these reports came from reliable resources you could send it in my email; erikamariet@yahoo.comyour response would surely be appreciated. thanks everyone. god bless.
jayson bourne : gusto ko po maging member ng PCIJ, panu po ba? may application po ba? sana mapadalhan nyo ako ng info sa email ko... www.jboxpenshoppe@yahoo.com
jayson bourne : cory is OK, but kris & Noynoy sensationalize masyado...
guest_9891 : LABAN pa rin!
meow : boycotts worked during marcos years. how about doing it now against the businesses of the con-ass congressmen?
meow : aside from 168, what other establishments can we boycott that belong to the arroyos and their cronies?
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Curfew a throwback to Marcos era

Posted by: Avigail Olarte | November 29, 2007 at 10:48 pm
Filed under: Governance, Human Rights, In the News

LAWYERS are denouncing the imposition of the five-hour curfew following the standoff between mutineers facing coup d’etat charges and government forces in Makati City this afternoon, saying it was unlawful and a clear violation of the Constitution.

President Gloria Macapagal-Arroyo declared a curfew imposed from 12 midnight to 5 a.m. Friday. The directive covers Metro Manila and Regions 3 and 4-A.

Senator Antonio Trillanes and Brig. Gen. Danilo Lim, both on trial for the mutiny at the Oakwood Apartments in 2003, led a daylong uprising that ended around 5:30 p.m. today. Both demanded the resignation of Arroyo over the “illegitimacy” of her presidency and the abuses of her government, among which are the unabated extrajudicial killings, the series of executive proclamations like EO 464 and PP 1017, and the “deliberate refusal or failure” of the government to probe and hold to account persons involved in controversies such as the “Hello,Garci” scandal and the fertilizer funds scam.

“The curfew imposition is unlawful and contrary to the Constitution — our right to liberty, our right to travel, our constitutionally guaranteed rights that cannot be curtailed or disregarded by executive order. The curfew is an illegal act,” Senate Majority Leader Francis Pangilinan said in a statement.

Human rights lawyer Theodore Te of the Free Legal Assistance Group also lambasted the rather literal interpretation of “police power” by the police in imposing the curfew. As an inherent and extraordinary power of the State, Te said police power is exercised through legislation. “A curfew imposed without any law or legal order is illegal and unconstitutional.”

Lawyer and University of the Philippines professor Marichu Lambino likewise said the curfew is unconstitutional, and therefore void, even urging citizens to defy it.

Section 6, Article III of the Philippine Constitution states: The liberty of abode and of changing the same within the limits prescribed by law shall not be impaired except upon lawful order of the court. Neither shall the right to travel be impaired except in the interest of national security, public safety, or public health, as may be provided by law.

According to Lambino, this means that without legislation, the President has no authority to curtail freedom of movement. Also, such a directive needs to be in writing and has to be published. Pangilinan added that even curfews imposed in town and barangays need local ordinance.

“She’s worse than (Ferdinand) Marcos. At least he had the decency to write it down,” said Lambino. Shortly after Marcos placed the country under martial law in September 21, 1972, Marcos imposed a curfew, ordered arrests, banned public rallies, closed all mass media facilities, and ordered the takeover of public utilities.

The 1987 Constitution is supposed to be a safeguard against any similar abuses. In Section 18, Article VII of the current constitution, the President is vested with three types of powers — call out the armed forces to prevent or suppress lawless violence, invasion or rebellion; suspend the privilege of the writ of habeas corpus; or place the Philippines or any part thereof under martial law.

“(T)he President has not done any of these,” Lambino said.

Lawyer Neri Colmenares, Counsels for the Defense of Liberties (Codal) spokesperson, said that without a legal basis for the imposed curfew, any arrests are therefore illegal.

But since tomorrow, November 30, is a national holiday, there will be no courts where one can contest the arrests and the imposition of an extended curfew should authorities say that its “post-operations” have not been completed.

It is not clear what activities are to be conducted under the “post-operations” of the Philippine National Police.

Stipulated under the curfew guidelines are the following:

The curfew covers Metro Manila, Central Luzon and Southern Tagalog
Curfew time is between 12 midnight and 5 a.m.
Curfew will cover all individuals who are residents and workers in the National Capital Region, Central Luzon and Southern Tagalog and those visiting or traveling these regions

Exemptions:

Transporters of products and services
People going to airports
Emergency cases
Drivers of public utility vehicles
Doctors and other health care practitioners on duty
Police and military personnel on duty
Emergency responders, such as ambulance personnel, paramedics, firemen
Night-shift workers
Legitimate media workers
Provincial bus passengers traveling to regions under curfew
Members of the diplomatic corps

Checkpoints will also be put up while carrying of firearms during the curfew hours will not be permitted. Violators will be released after curfew hours. Interior Secretary Ronaldo Puno said that while the authorities had already arrested those who participated in the Manila Pen siege, the police needs to scour the streets for plotters disguised in civilian clothes.

“Most of these soldiers or former soldiers who have been arrested were dressed in civilian clothes. When they hooked up with General (Danilo) Lim and (Senator Antonio) Trillanes they changed their garb and brought out weapons. So we want to make sure (that it will no longer be repeated),” Puno said.

Deputy presidential spokesperson Anthony Golez likewise assured that “this is not a reliving of martial law; this is just to complete post-operations.”

This entry was posted on Thursday, November 29th, 2007 and is filed under Governance, Human Rights, In the News. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

7 people have left comments

[...] according to PCIJ, this is unconstitutional. “The curfew imposition is unlawful and contrary to the Constitution [...]

Observations on the recent mini coup « Taga-Davao wrote on November 30, 2007 - 10:03 am | Visit Link

[...] I would want to read any such issuance to see its basis, even for the sake of legal curiousity. Some personalities already labelled it as unconstitutional and [...]

The basis for the executive declaration of Curfew at Atty-at-Work wrote on November 30, 2007 - 10:23 am | Visit Link

[...] those caught violating the emergency regulation, dubbed by human rights lawyers as unconstitutional, were balut vendors, striptease dancers, drunks, and [...]

Curfew nets P1.5M in kotong « The Philippine Onion wrote on November 30, 2007 - 10:47 am | Visit Link

The state definitely has a police power but this is only with its own called duty to implement existing laws. Under the current constitution there is NO legal basis for the imposition of 12-5 curfew by PGMA. A legislation should be made before this should be done. Gen. Razon is GROSSLY erroneous in saying that, the declaration of curfew is part of police power of the state. Moreover, JusSec Gonzalez should review his Constitutional Law books just in case he forgot his basics by saying that the constitutionality of such act is beyond question.

At the end of the day, if in case somebody, and i know, somebody will question, the legality of the 12-5 curfew of PGMA on 11/29/07, the supreme court will surely declare this moot and academic.

This will surely come after the chill has been created.

paoloJD wrote on November 30, 2007 - 12:09 pm | Visit Link

[...] the hotel in order to avoid casualties. Media covering the event are also arrested and a five-hour curfew is [...]

The Daily PCIJ » Blog Archive » A continuing saga of military adventurism wrote on November 30, 2007 - 10:08 pm | Visit Link

SO WHAT ELSE IS NEW?

SENATOR TRILLANES IS A MODERN-DAY GREGORIO HONASAN. AMBITIOUS, ADVENTUROUS AND PLAIN OPPORTUNIST. BOTH ARE BICOLANOS. HONASAN TRIED TO POWER GRAB THE REINS OF GOVERNMENT FROM MARCOS WHEN THE MARCOS SHIP WAS FAST SINKING AND FROM CORY BECAUSE HE WAS SIDELINED BY CORY AND LOST HIS LIFESTYLE DURING MARCOS.

TRILLANES SAW THE HONASAN MODEL AND HAD TRIED TO DUPLICATE THE FORMER’S FEAT. HE WAS ELECTED SENATOR BECAUSE HE MADE THE SAME MILITARY ADVENTURE HONASAN DID BY COMMANDERING OAKWOOD HOTEL IN 2003 AS HIS COMMAND POST.

NOW HE RELOCATED HIS COMMAND POST, WITH ONE GENERAL LIM IN TOW AT MANILA PEN, ACTING AS IF THEY OWN THE ESTABLISHMENT AND CAN THROW OUT LEGIT OCCUPANTS SO THEY CAN HAVE UNFETTERED ACCESS TO THE HOTEL.

THE GULLIBLE ELECTORATE FELL FOR THE FIRST SHALLOW BUT CALCULATED MISADVENTURE OF TRILLANES AND ELECTED HIM SENATOR. EXPECT GENERAL LIM TO RUN FOR SENATOR IN THE NEXT ELECTION.

THIS IS OUR TRAGEDY AS A NATION. WE CANNOT DISTINGUISH THE VILLAINS FROM THE REAL HEROES.

THE VOCIFEROUS AND IRRESPONSIBLE MEDIA UNDER THE GUISE OF REPORTING THE EVENTS HAD ACTUALLY HAMPERED AND OBSTRUCTED PURE POLICE OPERATIONS BY NOT LEAVING THE PREMISES WHEN ASKED TO DO SO, SO THE MISGUIDED MILITARY PERSONNEL UNDER TRILLANES COULD BE ROUNDED UP AND PUT BEHIND BARS.

ALAS, EVEN A SICKLY BISHOP HAD TRIED TO MAKE A SCENCE BY SYMPATHIZING WITH THESE “REBELS” ONLY TO BE BAILED OUT BY ANOTHER BISHOP AFTER THE FORMER WAS ARRESTED.

EVEN THE RESPECTABLE FORMER VICE PRESIDENT TEOPISTO GUINGONA HAD TRIED TO STEAL THE SCENCE BY GOING TO MANILA PEN AND BLABBERED THE CALL FOR GLORIA TO RESIGN.

WHOM ARE THEY KIDDING? SOMEONE INTERESTED IN REFORMING OUR SOCIETY MUST HAVE A BLUEPRINT ON HOW TO DO IT. THE ACTORS IN THIS LATEST ADVENTURES ARE POLITICAL MIDGETS, (WITH THE EXCEPTION OF GUINGONA) AND HAVE NO MORAL ASCENDANCY OVER THE PRESENT LEADERSHIP. WHILE I AGREE WITH ANYONE WHO SAYS THAT EVERYTHING IS NOT ROSY AND WELL WITH THE NATION AND ITS PRESENT LEADERSHIP, I DO NOT SEE ANY ALTERNATIVE FOR ITS EARLY DEMISE, ESPECIALLY IF ITS DEMISE IS BROUGHT ABOUT BY PURE MILITARY ADVENTURISM AND A CALL FOR TRANSITIONAL GOVERNMENT HEADED BY THE CHIEF JUSTICE OF THE SUPREME COURT.DUHH?

ATLEAST IN MY BOOK, I HAVE OFFERED A BLUEPRINT SO WE CAN MOVE FORWARD: “GO TO OUR CHILDREN AND INCULCATE IN THEM THE VIRTUE OF HONESTY, INTEGRITY AND THE CONCEPT THAT PUBLIC OFFICE IS A PUBLIC TRUST”. WE HAVE BEEN OVERTAKEN BY OUR ASIAN NEIGHBORS, JAPAN AND SINGAPORE BY LEAPS AND BOUNDS BECAUSE THEIR CITIZENRY ARE WELL DISCIPLINED AND THEIR LEADERS HONORABLE AND JUST. (PLEASE READ MY BOOK, “TERMITES FROM WITHIN”).

INCIDENTALLY, I AM A BICOLANO TOO, BUT NOT IN THE SAME CUT AS HONOSAN AND TRILLANES.

JCC

jcc wrote on December 1, 2007 - 9:06 pm | Visit Link

I guess some people just have the bad habit of making a fuzz about a molehill.
If there is anyone who has more reason to complain it should be the businese people who did not make money on a payday weekend.
If certain parties accuse the goverment of making an over-kill on the Pen stand-off.
It is more of an over-kill to imagine marshall law just because of one nighbt of curfew that was perfectly legitimate for mopping-up operations.
This country will never go anywhere until we have”instant constitutional” experts who know it all & are more concerned of their freedom alone.
If ever it’s always usual people who complain of anything & everything at the drop of the hat.

joselu wrote on December 4, 2007 - 3:25 pm | Visit Link