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Proclamation No. 1017

Posted by: Avigail Olarte | February 24, 2006 at 12:56 pm
Filed under: In the News, State of Emergency

PRESIDENT Gloria Macapagal-Arroyo signed Proclamation No. 1017, declaring the country under a state of emergency. (Read Proclamation No. 1017 here.)

"Over the past months, elements in the political opposition have conspired with the authoritarians of the extreme Left represented by the National Democratic Front-Communist Party of the Philippines-New People’s Army (NDF-CPP-NPA) and the extreme Right, represented by military adventurists — the historical enemies of the democratic Philippine State — who are now in tactical alliance and engaged in a concerted and systematic conspiracy, over a broad front, to bring down the duly constituted government elected in May 2004," it stated.

She said these actions, recklessly magnified by some members of media, are adversely affecting the economy and sabotaging the people’s confidence in the government.

The President invoked Section 18, Article 7 of the Philippine Constitution, specifically, "The President…whenever it becomes necessary…may call out (the) armed forces to prevent or suppress…rebellion…." The full text of that section reads:

The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Arroyo ordered the Armed Forces of the Philippines to maintain law and order, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion. She also cited Section 17, Article 12 which grants her the power to "temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest" in times of national emergency.



11 people have left comments

Isn’t invoking Section 18, Article 7 tantamount to a declaration of Martial Law?

jorgec wrote on February 24, 2006 - 1:22 pm | Visit Link

Jorgec,

We posted the full text of Article 7, Section 18. The proclamation invokes this specific provision in the article: “The President…whenever it becomes necessary…may call out (the) armed forces to prevent or suppress…rebellion….”

Please refer to the full text of Proclamation No. 1017.

Avigail Olarte wrote on February 24, 2006 - 1:46 pm | Visit Link

A sign of things to come?

dimasalang wrote on February 24, 2006 - 2:07 pm | Visit Link

[...] Inside PCIJ has been blogging about the developments and including today’s proclamation. You can read the latest entry here. [...]

Arroyo declares State of Emergency at JaypeeOnline wrote on February 24, 2006 - 3:25 pm | Visit Link

yup… testing the waters muna sila if madaming aangal.. pag la.. full implementation na yan..

penpenpen88 wrote on February 24, 2006 - 4:16 pm | Visit Link

mike (defensor),nonong cruz, senga, bunye, ermita, gonzales and nachura, these guys have seven different interpretations of PROCLAMATION NO. 1017 of gloria macapagal arroyo. Having these people around brings this nation UNDER THE STATE OF CALAMITY.

The Thais, Indonesians are luckier, a killer TSUNAMI hit them in December but the desaster came only once, while SUPER TYPHOON GLORIA continues to ravage the Philippine.

lokalokang matino wrote on February 25, 2006 - 12:11 am | Visit Link

I have listened to you, to our people. I have heard your doubts, your anxieties, nay, outright opposition to the lifting of Martial Law. And I have prayed to the Almighty for guidance. And it is after deliberate, sober judgment and soul-searching that I come before you and say, it is now time to terminate martial law.
I pray now and I ask you to pray with me, as I prayed eight years ago, that I am doing, that we are doing, the right thing by our people; for the end of martial law does not mean the end of our efforts, of our needed reforms, of our struggles, of our sacrifices. The passing of martial law does not necessarily carry with it the passing of all the burdens especially the heavy ones. There will be more tests, for our capacity, for our resiliency, for our strength as a people. I say, we have just begun.

Source: Speech proclaiming the termination of the state of Martial law, Heroes Hall, Malacañang, 17 January 1981

ApoMcKoy wrote on February 25, 2006 - 4:32 am | Visit Link

Hold on tight.. hold on very, very tight… If you let go…. if you let power slip away, your whole family’s thievery will be exposed further…. your minions’ .. your husband’s … your children’s…

You will go to jail and will suffer worse than what Erap is going through right now… Of course you can flee… but you will forever be asking yourself… everyday.. will this be the day?

What goes around comes back around….! ! The end is near.. it’s very near…

ParengPepe wrote on February 28, 2006 - 10:16 am | Visit Link

[...] Arroyo through Proclamation No. 1017 and the subsequently issued General Order No. 5 usurped and continues to unconstitutionally usurp legislative powers; [...]

INSIDE PCIJ: Stories behind our stories » House minority lawmakers challenge Proclamation 1017 before Supreme Court wrote on March 3, 2006 - 1:15 am | Visit Link

[...] PRESIDENT Arroyo’s issuance of Proclamation 1017 appears to have no significant impact on her overall performance and trust ratings at the national level as these remain practically unchanged from last October’s levels, according to Pulse Asia. [...]

INSIDE PCIJ: Stories behind our stories » Pulse Asia: Arroyo’s ratings unchanged wrote on March 15, 2006 - 9:26 am | Visit Link

[...] Petitioners also argued that the recent filing of new impeachment complaints against Arroyo has not rendered the issue moot and academic, citing the recent SC ruling in the landmark case regarding Proclamation No. 1017 (Professor Randolf S. David, et al., v. Gloria Macapagal-Arroyo et. al.): The “moot and academic” principle is not a magical formula that can automatically dissuade the courts in resolving a case. Courts will decide cases, otherwise moot and academic, if: first, there is a grave violation of the Constitution; second, the exceptional character of the situation and the paramount public interest is involved; third, when constitutional issue raised requires formulation of controlling principles to guide the bench, the bar, and the public; and fourth, the case is capable of repetition yet evading review. [...]

INSIDE PCIJ: Stories behind our stories » SC urged to act on unresolved issues of last year’s impeachment procedures wrote on July 15, 2006 - 4:17 pm | Visit Link

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