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?
Jalenack : Your shoutbox is blank. Add a message!

You must be a registered user to participate in this chat

Making sense of Proclamation No. 1017

Posted by: Alecks P. Pabico | February 24, 2006 at 12:42 pm
Filed under: In the News, State of Emergency

NOW that a state of national emergency has been declared, we would like to recall an old post we wrote on the extraordinary presidential powers at Gloria Macapagal-Arroyo’s disposal outlined to us by the Free Legal Assistance Group (FLAG) to help shed light and inform the public on the scope and limits of such powers.

Arroyo’s state of emergency declaration as expressed in Proclamation No. 1017 has generated confusion, especially with Sec. Michael Defensor, the presidential chief of staff, issuing pronouncements regarding the enforcement of warantless arrests, revoking permits for scheduled rallies today commemorating the 20th anniversary of Edsa 1, and government’s takeover of key privately owned public utilities and businesses, including the media. These have only raised concerns particularly among civil libertarians.

Human rights lawyer Teodoro Te, in his blog, wrote that Arroyo "effectively declared martial law without calling it such under Proclamation No. 1017." Te further said:

She just declared a “state of emergency” (see Constitution, Art. XII, Sec. 17 which deals with national emergency that confers extraordinary economic powers on the Chief Executive), which does not entitle her to call out the armed forces (Art. VII, Sec. 18).

Yet, I just heard her do exactly that — by leaving it to the military and police to take care of things.

As they say in Nickelodeon, “you can’t do that.”

The specific provisions governing a state of emergency under the 1987 Constitution are as follows:

Article XII, Sec. 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.

Article XII, Sec. 18. The State may, in the interest of national welfare or defense, establish and operate vital industries and, upon payment of just compensation, transfer to public ownership utilities and other private enterprises to be operated by the Government.

Te pointed out that with the military already announcing that what supposedly transpired this morning was a coup attempt, "it is highly unlikely that Arroyo would declare only a state of emergency as the powers that would be conferred by such a declaration would be only economic in nature. It becomes more probable that a state of rebellion or a proclamation of martial law would be declared."

On ABS-CBN, University of the Philippines law professor Marvic Leonen also made it clear that a state of national emergency does not suspend the Bill of Rights. On the issue of warrantless arrests, he said "there is no basis to suspend the rules. There still has to be strong evidence, an arrest without warrant will still require that the arrest be done in flagrante delicto, the arresting officer has personal knowledge of the crime being committed, or if the subject of arrest has escaped from detention."

Below is the text of our previous post on extraordinary presidential powers:

A. Commander-in-Chief Powers (Art. VII, Sec. 18, 1987 Constitution)

a. Call out Armed Forces

To suppress lawless violence, invasion or rebellion
Not subject to congressional approval or judicial review
President vested with full discretionary power to determine factual basis for calling out armed forces.

Note:
1. In IBP v. Zamora, the Supreme Court held: "When the President calls the armed forces to prevent or suppress lawless violence, invasion or rebellion, he necessarily exercises a discretionary power solely vested in his wisdom. This is clear from the intent of the framers and from the text of the Constitution itself. The Court, thus, cannot be called upon to overrule the President’s wisdom or substitute its own. However, this does not prevent an examination of whether such power was exercised within permissible constitutional limits or whether it was exercised in a manner constituting grave abuse of discretion."

Power exercised by President Joseph E. Estrada on 24 January 2000, ordering the Marines and the PNP to conduct joint visibility patrols to prevent and suppress crime. Power upheld by Supreme Court
Power exercised by President Gloria Macapagal Arroyo on 1 May 2001 through General Order No.1, directing the AFP and PNP to suppress and quell the rebellion

Notes:
1. Hold departure orders issued and implemented
2. Persons arrested without warrants and specific charges
3. Checkpoints set up
4. Order issued to disperse groups of 5 or more massing up near palace

b. Suspend the privilege of the writ of habeas corpus

i. In cases of rebellion or invasion and when public safety so requires
ii. Applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion

Note:
1. Refers specifically and categorically to those facing criminal charges filed in court, not to those facing investigations, preliminary or otherwise, before the fiscaL prosecutor or DOJ

Persons arrested or detained must be judicially charged within 3 days, otherwise must be released
For period not exceeding 60 days; may be extended by Congress through majority vote of all members of Congress voting jointly, upon initiative of President if invasion or rebellion persists and public safety requires
No congressional concurrence required, but Congress has power of revocation through majority vote of all members of Congress voting jointly; revocation cannot be set aside by President

Notes:
1. 236 members of House of Representatives; 23 Senators. 259 total members of Congress.
2. Majority vote required for revocation or extension - 131
3. No rules on joint voting in Senate or House

Subject to judicial review; decision must be promulgated within 30 days from filing
If Congress is in session, President required to submit a report to Congress in person or in writing within 48 hours from suspension
If Congress is not in session, all members required to convene without need of call within 24 hours from suspension

Notes:
1. Congress on recess since 13 October 2005; Senate resumes 24 October 2005 while House resumes 7 November 2005
2. No rule in Senate on convening without need of call; Rule 84, House of Representatives, replicates constitutional provision

c. Declare martial law

In cases of rebellion or invasion and when public safety so requires
Does not suspend Constitution
Does not supplant functioning of civil courts or Congress
Does not authorize conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function
Does not automatically suspend writ of habeas corpus
For period not exceeding 60 days; may be extended by Congress through majority vote of all members of Congress yoting jointly, upon initiative of President if invasion or rebellion persists and public safety requires
No congressional concurrence required, but Congress has power of revocation through majority vote of all members of Congress voting jointly; revocation cannot be set aside by President

Notes:
1. 236 members of House of Representatives; 23 Senators. 259 total members of Congress.
2. Majority vote required for revocation or extension - 131
3. No rules on joint voting in Senate or House

Subject to judicial review; decision must be promulgated within 30 days from filing
If Congress is in session, President required to submit a report to Congress in person or in writing within 48 hours from declaration
If Congress is not in session, all members required to convene without need of call within 24 hours from declaration

Notes:
1. Congress on recess since 13 October 2005; Senate resumes 24 October 2005 while House resumes 7 November 2005
2. No rule in Senate on convening without need of call; Rule 84, House of Representatives, replicates constitutional provision

B. Congressional Grant of Emergency Powers (Art. VI, Sec. 23, 1987 Constitution)

In times of war or other national emergency

Note:
i. There must be a "compact" relationship between the declaration of war and powers granted to President

By two-thirds of both Houses, voting separately in joint session

Notes:
i. 236 members of House of Representatives; 157 votes needed to declare existence of war or national emergency
ii. 23 Senators; 15 votes needed to declare existence of war or national emergency

For limited period

Note:
i. In Araneta v. Dinglasan, the Supreme Court held: "The words ‘limited period’ as used in the Constitution are beyond question intended to mean restrictive in duration. Emergency, in order to justify the delegation of emergency powers, ‘must be temporary or it can not be said to be an emergency.’"

Subject to restrictions Congress may prescribe
Unless withdrawn by Congress, powers cease at next adjournment
Emergency powers granted to President Corazon C. Aquino on 20 December 1989 through Republic Act 6826

Notes:
i. RA 6826 granted the President powers to:

Protect people from hoarding, profiteering, injurious speculations, price manipulation, product deception, cartels, etc. of food, clothing, medicines, office and school supplies, fuel, fertilizers, etc. whether imported or manufactured locally

Purchase any articles or commodities mentioned for storage, sale or distribution

Fix maximum ceiling prices of articles or commodities mentioned

Regulate fees charged by establishments in connection with production, milling, storage and distribution of articles or commodities mentioned

Seize and confiscate hoarded foodstuffs and commodities, provided goods wrongfully seized shall be subject to payment of just compensation

Call upon and designate recognized NGOs and peoples organizations, and LGUs to assist government

Temporarily take over or direct the operation of any privately owned public utility or business affected with public interest that violates the declared national policy

Liberalize importation and grant incentives for manufacture, assembly, reconditioning or importation of vehicles or vessels for public transport

Ensure availability of credit to productive sectors, including lowering effective lending rates of interest and reserve requirements of lending institutions

Stagger work hours and adopt flexible work schedules for government workers and when necessary workers in the private sector

Conserve and regulate distribution and use of power, fuel, energy

Issue orders for recovery and accounting of all firearms, explosives and military equipage

Undertake such other measures as may be reasonable and necessary

ii. Actions taken by President Aquino include:

Executive Order No. 384: Providing General Guidelines in the Implementation of Proclamation No. 503 (declaring a state of national emergency in the Philippines)

Executive Order No. 383: Directing Emergency Measures to Prevent Excessive Increases in the Prices of Certain Prime Commodities in the National Capital Region

Memorandum Order No. 267: Directing the Temporary Take-Over or Direction of the Operations of JD Transit, Inc. and DM Consortium, Inc.

Memorandum Order No. 269: Directing the Temporary Take-Over of the Operations of Manila Central Lines (MCL) Bus Company

Memorandum Order No. 270: Directing the Secretary of Trade and Industry to Ensure Adequate Supply of Cement for the Small and Medium-End Users

C. Emergency Powers (Art. XII, Sec. 17, 1987 Constitution)

In times of national emergency when public interest so requires

Note:
i. National emergency may refer to threats from external aggression, calamities, natural disasters, strikes only when they are of such proportion as would paralyze government service, military national emergency, or economic dislocations

State may temporarily take over or direct the operation of any privately owned public utility or business affected with public interest

Notes:
i. State refers to executive branch of government
ii. Business affected with public interest refers to businesses that have the characteristics of a public utility, with mass-based consumer group. "Entire business operations which are not treated as public utilities do not fall under the public utility regulation, but may already be so massive in terms of its consumption, especially as regards the low-income groups, that they should also be subject of the specific section."

Does not authorize sequestration
For duration of emergency
State prescribes reasonable terms

i. The phrase "under reasonable terms prescribed by it" does not serve to stop the State from taking over the operation of any privately owned public utility or business

This entry was posted on Friday, February 24th, 2006 and is filed under In the News, State of Emergency. 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.

5 people have left comments

[...] Inside PCIJ has been blogging about the developments, the proclamation and what Proclamation 1017 is all about. You can read the entries here, here and here. [...]

Arroyo declares “State of Emergency” at JaypeeOnline wrote on February 24, 2006 - 6:47 pm | Visit Link

ang dami talagang alam ng mga pinoy sa mga batas.. pero asan tau ngaun.. eto parin naghihirap.. hindi kaya ang problema natin ay ating sarili mismo?.. wlang gustong magpatalo.. walang gustong maisahan..

siguro panahon na para isipin natin ang ating bansa… hindi kaya mas uunlad ang ating bansa kapag tau nagtutulungan.. wla namang batas nagbabawal duon.. sana mahalin natin ang ating bansa hanggat hindi pa huli ang lahat..

kagaya ng pamilya.. pagmay problema .. ipagkakalat mo ba ang kahihiyan na iyong pamilya.. cguro hindi.. eh ano itong ginagawa natin sa ating bansa.. maliit na tsimis.. pinalalaki….. we should learn to love our country..

kaya comment to dito sa proclamation nato.. i think its about time…

its about time that media should be responsible enough.. that they are there to protect our country not to destroy it..

sana maubos kaung mga iresponsableng mga mediamen.. ur the problem in our country…

coldfeet wrote on February 24, 2006 - 11:57 pm | Visit Link

Just a clarification; my two cents. The power to call out the AFP, while fully discretionary on the part of the President, is subject to judicial review. In the Sanlakas case (2004), the SC stated that it has the “power to determine whether the power was exercised within constitutional limits or in a manner constituting grave abuse of discretion”.

fred wrote on February 25, 2006 - 7:47 am | Visit Link

ALL THAT IS NECESSARY FOR THE TRIUMPH OF EVIL IS THAT GOOD MEN TO DO NOTHING! - Edmund Burke

3zz-fe wrote on February 27, 2006 - 2:17 pm | Visit Link

coldfeet,

baka ibig mong sabihin love glue-ria not love our country. kasi pag mahal mo bayan mo, hindi mo eto pababayaang mababoy ng mga taong tiwali. ipaglalaban mo ang tama kontra mali. tutuligsain mo lahat ng klase ng katiwalian. pero ang gusto mo yung mga kabulukan itatago na lang. ang mga nangungurakot ay pabayaan na lang. kaya tama nga ang gusto mong mangyari. magmartial law para wala ng bulok na lalabas or kahihiyan ng pamilya mo. ganyan nga ang mga nangyayari sa mga authoritarian regimes. puro magaganda lang pinapalabas.dahil para sa yo pinapalaki lang yung mga maliliit na tsismis. like maybe yung fertilizer funds? like the cheating, lying and cover-up? pabayaan and allow the TRIUMPH OF EVIL. tsk, tsk, tsk…

jr_lad wrote on February 27, 2006 - 3:07 pm | Visit Link