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Text of Proclamation No. 1017

Posted by: Alecks P. Pabico | February 24, 2006 at 2:10 pm
Filed under: In the News, State of Emergency

FOR clarity, here’s the full text of Gloria Macapagal-Arroyo’s Proclamation No. 1017 declaring a state of national emergency:

MALACAÑANG PALACE
MANILA

PROCLAMATION NO. 1017

PROCLAMATION DECLARING A STATE OF NATIONAL EMERGENCY

WHEREAS, over these past months, elements in the political opposition have conspired with authoritarians of the extreme Left represented by the 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.

WHEREAS, these conspirators have repeatedly tried to bring down the President;

WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;

WHEREAS, this series of actions is hurting the Philippine State — by obstructing governance including hindering the growth of the economy and sabotaging the people’s confidence in government and their faith in the future of this country;

WHEREAS, these actions are adversely affecting the economy;

WHEREAS, these activities give totalitarian forces of both the extreme Left and extreme Right the opening to intensity their avowed aims to bring down the democratic Philippine State;

WHEREAS, Article 2, Section 4 of our Constitution makes the defense and preservation of the democratic institutions and the State the primary duty of Government;

WHEREAS, the activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrity of the Philippine State and of the Filipino people;

NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution which states that: “ The President…whenever it becomes necessary,…may call out (the) armed forces to prevent or suppress…rebellion…, “ and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.

IN WITNESS HEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 24th day of February, in the year of Our Lord, two thousand and six.

GLORIA MACAPAGAL-ARROYO
President
Republic of the Philippines



62 people have left comments

According to my former political professor turned presidential legal counsel, A. Nachura, wala naman “daw” gagawin ang Gobyerno sa mga madlang Filipino.

Pero ano ang kasalukuyang ginagawa sa mga tao ?

Nagtatanong lang poooooooo!

indio_lawless wrote on February 24, 2006 - 2:16 pm | Visit Link

Note the two documents, word for word:

Proclamation 1081 (Marcos)

NOW, THEREFORE, I, FERDINAND E. MARCOS, President of the Philippines, by virtue of the powers vested upon me by Article VII, Section 10, Paragraph (’2) of the Constitution, …, in my capacity as their commander-in-chief, do hereby command the armed forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion and to enforce obedience to all the laws and decrees, orders and regulations promulgated by me personally or upon my direction

Proclamation 1017 (Macapagal-Arroyo)

NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution … in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction

Both proclamations cite leftist threat as the justification, both proclamations cite the threat to the economy, and both proclamations especially single out media as contributing to the situation.

After exactly 20 years, we have fully and totally reversed the gains of EDSA and are back to where we were 35 years ago.

matanglawin wrote on February 24, 2006 - 2:34 pm | Visit Link

[...] Despite Malacañang’s declaration of a state of emergency and the announcement of the cancellation of all EDSA-related activities, as well as the police’s warning that they will arrest anyone who stages a rally without permit, former President Corazon Aquino said she will push through with a scheduled march to his husband’s monument in Ayala Avenue, Makati. Aquino also reiterated her call for Gloria Arroyo to make the ultimate sacrifice and resign. [...]

» Cory Reiterates Gloria Resign Call :: Piercing Pens wrote on February 24, 2006 - 3:00 pm | Visit Link

Alecks, and to anyone who could give a clarification,

I would like to know if anyone could explain in detail the “PEOPLE POWER PROVISION OF THE CONSTITUTION”. I guess this would clarify and explain to all of us if we should use this to oust this “CHEAT” in Malacanang. Pag puwede, sampal natin ito sa mukha ng mga “TUTA” ni Gloria.

schumey wrote on February 24, 2006 - 3:12 pm | Visit Link

matanglawin,

great observation, power corrupts and I guess we live in the “DARK AGES” once again. I hope our countrymen will open their hearts and minds to finally see what is happening around us.

schumey wrote on February 24, 2006 - 3:17 pm | Visit Link

Kapit na sa patalim ang “pangulo”, manatili lamang sa pwesto…

dimasalang wrote on February 24, 2006 - 3:27 pm | Visit Link

I think PGMA is afraid that what she has done to former pres. Joseph Estrada might happen to her.so this is it. state of emergency. the name differs to state of martial law but is mostly similar. From1972 up to 2006. PGMA makes history .
I hope she doesnt stain her name coz life is short. Life is limited. We dont stay alive forever. Power is not important compare to God.

beautiful wrote on February 24, 2006 - 3:45 pm | Visit Link

WHEREAS, these conspirators have repeatedly tried to bring down the President
WHEREAS, this series of actions is hurting the Philippine State–by obstructing governance including hindering the growth of the economy and sabotaging the people’s confidence in government and their faith in the future of this country;
maam it is you who is bringing down your own government because you prefer to hide behind legal technicalities as oppose to facing the music… kailan ba nag weweaken yung economya natin maam.. pag me kwento po ng kasakiman nyo.. pag me taong umaanggal dahil sa kasakiman nyo.. pag me taong namamatay dahil sa kasakiman nyo.. in short kayo po ang me problema.. di kami..

WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;
thank god we still have a media thats free.. if not how would we know how u squandered our tax money in order to perpetuate yourself in power.. ??? tsk tsk.. and you have the nerve to ask us for more money while u wantonly give away our money to your fellow trapo allies.. where’s the justice in that?

WHEREAS, these activities give totalitarian forces of both the extreme Left and extreme Right the opening to intensity their avowed aims to bring down the democratic Philippine State;
our democracy is a sham.. kayo kayo lang ang nakikinabang sa ginhawa.. pag taghirap naman pati kami damay… anung klaseng demokrasya yan?? kahit maka kaliwa ka man o maka kanan dama mo pa rin ang hirap ng buhay natin ngayon.. ang kahirapan na sanay pinagtuunan mo nang pansin noong ikaw maluklok bilang pangulo sa edsa 2.. but like edsa 1 you squandered your opportunity maam.. instead of uplifting the poor.. you favored the people who got u there in the first place.. wlang qualifications.. basta ka alyado me position.. paano tayo uunlad nya mam trapo na nga yung pinalit nyo.. kayo trapo pa din…

WHEREAS, Article 2, Section 4 of our Constitution makes the defense and preservation of the democratic institutions and the State the primary duty of Government;
WHEREAS, the activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrity of the Philippine State and of the Filipino people;

defense from who mam?? defending the people ba?? or defending yourself and the people around you from the people??

penpenpen88 wrote on February 24, 2006 - 4:11 pm | Visit Link

I just hope that the media will continue covering the events as they unfold. The NTC met the owners of the differnet media outfits. It seems that covering rallies is also covered by this 1017. It is what we may call as “UNDECLARED MARTIAL LAW”.

schumey wrote on February 24, 2006 - 5:03 pm | Visit Link

[...] Not even the threat of being possibly arrested by virtue of Proclamation 1017 stopped the marchers. The Proclamation was issued by president Arroyo this morning, declaring a state of emergency and directing the armed forces to suppress lawless violence. [...]

INSIDE PCIJ: Stories behind our stories » Ayala ralliers defy ’state of emergency’ proclamation wrote on February 24, 2006 - 5:29 pm | Visit Link

philippines in ’state of emergency’

Saying that a coup was being plotted against her government, Gloria Arroyo has declared that the Philippines is now in a “state of emergency.” I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed

asiapundit wrote on February 24, 2006 - 7:28 pm | Visit Link

[...] Inside PCIJ posts the US Embassy’s statement on today’s news. It also has the full text for the fast-becoming infamous Proclamation No. 1017, and the follow-up General Order No. 5. [...]

blog @ AWBHoldings.com » Blog Archive » Blog Coverage on The Death of Edsa 1 wrote on February 24, 2006 - 9:51 pm | Visit Link

truly, this proclamation is a statement of fact and just spells out what any chief executive may do in times of emergency…

article vii (executive department), section 10, number 2 of our constitution states:

“The President shall be 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, insurrection, or rebellion. In case of invasion, insurrection, or rebellion or imminent danger thereof, when the public safety requires it, he may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under Martial Law.”

…note how careful and “smart” the writers were.

but also note that this was premeditated and not just an instant proclamation that is called for by our present situation. the writers of the script began with “destabilization” efforts by some elements and proceeded with the coup rumors and the actual “quelling” of the rebellion.

was there really an imminent danger despite having the “destabilizations” and “coups” under controlled and the economy becoming healthy?

we must again remember that the palace occupant has a legitimacy problem and is in fact beleaguered since day one of her ascension to throne. i still believe that the writers are contemporary fiction writers catering to the whims of their beloved president who’s holding onto her throne on borrowed time. they have mastered the craft of deception and indeed they are the number one destabilizer and coup-plotter…with their coup rumors played up in media (speaking of using the “innocent” media…as they are now threatened to be closed if used by elements inimical to the administration’s best interests), “heckling” plan, “thinner” bomb, fake San Juan, unholy “alliance” of the reds and idealists, a “rebellion in the offing” with no real proof besides having to contend with hearsay and intelligence reports (that are far too unintelligent to comprehend in the first place but are way too powerful to influence our minds…besides, they cannot be questioned as to their veracity), etc., etc.

this 1017 is a diminutive of 1081 and a cry of bravado from the cheat-executive. but it is likewise a cry of gloria’s despair…for it immediately succeeds her self-praising speech in the focap conference. “hey, i’m the best person to lead but please, please…stop the insults and threats to my government and just follow me.”

self-preservation is being proclaimed here and not the actual state of the nation. self-perpetuation is imminently in danger…what has become the real emergency is gloria’s hold on the power. fear of taking the bitter pill of her own medicine when she assumed power in 2001 is really unthinkable for her. this will allay her fear, unfortunately…

20 years after people power 1, the power is again taken away from the people.

baycas wrote on February 25, 2006 - 6:41 am | Visit Link

sorry, i used the 1935 constitution…reliving the past before martial rule, perhaps…

baycas wrote on February 25, 2006 - 6:50 am | Visit Link

the dark side of the force has descended on the land, such are the ways of that evil female hobbitt.

kalibugan wrote on February 25, 2006 - 10:53 am | Visit Link

[...] FORMER president Fidel Ramos says Proclamation No. 1017 is an overkill reaction to the threats being faced by Malacanang. [...]

INSIDE PCIJ: Stories behind our stories » FVR on emergency declaration: “overkill” wrote on February 25, 2006 - 11:40 am | Visit Link

a proclamation of a state of national emergency was issued despite the coup d’etat plot/attempt declared under control. 1017, as it was numbered, was justified according to the writers because of a “continuing” rebellion.

if that is so, how is the nation’s civil liberties be safeguarded from a possible “CONTINUING” abuse of authority of the ones wielding power? please remember the tabayoyong incident. we were not on any emergency at the time and yet his rights were violated. how are our rights now? i guess, one must just say “amen” to all in order to avert any repression and remove the fear of incarceration…that simple.

this SONE is hidden under somebody’s skirt and not open to congressional affirmation or revocation. this is arbitrarily decided (much like the controversial eo464 and cpr) and not subject to scrutiny by Congress and possibly even the Court (as it is just a statement of fact and is granted by the Constitution to any chief executive and commander-in-chief in calling out the AFP to PREVENT lawless violence).

we also don’t know when this will end. suspension of the writ of habeas corpus or declaration of martial law could have been better considering there’s a deadline of 60 days (granting such order had a Congress nod and unless, of course, Congress didn’t extend its persistence). so much for uncertainties…

how i wish pure blacks and whites are pushed to our face…no gray ones…no double standards…no vague proclamations and executive orders…and certainly, no overkill…please.

baycas wrote on February 25, 2006 - 3:28 pm | Visit Link

[...] “And did you hear? It’s almost summer… I gotta buy myself a water cannon. It’s the fad these days.” [...]

alterselves » wrote on February 26, 2006 - 12:23 am | Visit Link

Great inputs baycas, we all know how “scripted and staged events” led to the proclamation of Martial Law. If we try to dissect the events of the past few months, and the statements and revelations of the administration, its not farfetched to think that the administration simply lifted this scenario from the Marcos era. The only clear and present danger is GMA.

With congress trying its darnest to push CHA-CHA, a referendum would surely quash their hopes of staying in power. The only solution is to create a scenario of looming unrest. Enough for GMA to finally declare Martial Law. Viola, instant CHA-CHA without going through the legal process, she then would appoint her cohorts in congress to their much-desired positions in a new parliament.

Kumita na yan nun kay Marcos. We are not stupid not to see where this things are leading to. I fought hard and lost some friends during the Marcos era, I will not hesitate to do the same again. Para na to sa mga anak ko and my future apos.

For those who think that marching in the streets side by side with questionable individuals with questionable intentions, I would like to remind you that those fateful days in 1986 is no different than today. we helped protect Enrile and FVR, both staunch Marcos allies from certain death. We all knew then that they only defected because they saw the imminent downfall of their beloved dictator and would not like to miss the last train out. So what makes it different now? Wala di ba?

Leftist, rightist and moderates banded together then to a common cause, to kick Marcos out. We put our fate in the hands of a housewife and not even thought of how she would handle a raped nation. Let’s not ask who will be the best person to replace GMA, maraming magagaling diyan. Let’s not allow the nightmare of the seventies haunt us again.

schumey wrote on February 26, 2006 - 1:39 am | Visit Link

[...] ON February 24, University of the Philippines sociology professor and Inquirer columnist Randy David became among the the first cases of warrantless arrests under the state of emergency declared by Gloria Macapagal-Arroyo by virtue of Proclamation No. 1017. [...]

INSIDE PCIJ: Stories behind our stories » ‘My arrest was providential’ — Randy David wrote on February 26, 2006 - 2:02 am | Visit Link

schumey, i won’t be surprised if gloria will again “shout out loudly” the “INFIRMITIES” of our present constitution…probably mouthing words to the effect that one will notice how the 1987 charter was, in truth, LAME in preventing dictator-wannabes such as hers truly.

i can almost hear her podcast, “i’m the best person to lead the nation into this transition…charter change is THE ANSWER to our woes…”

AMEN, i say, amen…(palakpakan)

baycas wrote on February 26, 2006 - 8:50 am | Visit Link

[...] PROCLAMATION NO. 1017Philippine Center for Investigative Journalism, Philippines - Feb 23, 2006… over these past months, elements in the political opposition have conspired with authoritarians of the extreme Left represented by the NDF-CPP-NPA and the … [...]

Global Geopolitics News » Philippines - President Arroyo declares state of national emergency wrote on February 26, 2006 - 9:37 am | Visit Link

By all indications, the declaration of State of Emergency, in the Philippiens is a prelude to a state of Martial Law. The warrantless arrest, the closure of media, the arrest of oppositon members. I can see that Mrs. Macapagal-Arroyo is following the footstep of former President Marcos. Lets go back to history.

“In 1971, Marcos called for a Constitutional Convention for the purpose of revising the 1935 Constitution. The Convention was composed of 321 elected delegates headed by former Presidents Carlos P. Garcia and Diosdado Macapagal. However, the Convention’s image was tarnished by scandals which included the bribing of some delegates to “vote” against a proposal to prohibit Marcos from staying in power under a new constitution.
Marcos’ second term was marked by increasing civil strife known as the “First Quarter Storm.” After a series of bombings in Manila claimed to have been carried out by the New People’s Army of the Communist Party of the Philippines, Marcos warned of imminent Communist takeover. On September 21, 1972, by virtue of Proclamation No. 1081, he declared martial law over the entire country, thereby remaining in office past limits imposed by the 1935 Constitution as amended. By 1973, he had assumed dictatorial control—ushering in a so-called constitutional authoritarianism. Defending his right to rule by decree, if he chose, he asserted that otherwise “you will have Communists going back and forth, causing the dastardly ruin of our country, the killing of people and the rape of women.”

CGBacani wrote on February 26, 2006 - 4:45 pm | Visit Link

Today, as in 1971, Gloria wants a charter change, she wants her term not cut by the charter change, this is GMA’s “second term”, change communist takeover with “left and right”, change 1081 with 1017, change First Quarter Storm” with “Edsa Celebration”.

CGBacani wrote on February 26, 2006 - 4:51 pm | Visit Link

[...] OUR post about UP sociology professor and Inquirer columnist Randy David’s experience being arrested and detained at Camp Karingal with about a hundred other marchers last February 24 has caught the attention of the children’s rights advocacy group Coalition to Stop Child Detention Through Restorative Justice. Below is its statement condemning the assault on children’s rights in the name of Proclamation No. 1017.  [...]

INSIDE PCIJ: Stories behind our stories » Children’s rights group assails treatment of arrested minors wrote on February 26, 2006 - 5:18 pm | Visit Link

[...] First it was the rallies, then the personalities [Randy David et.al., Ka Bel, Ka Satur, Gen. Montaño, etc.], now it’s the media that is being attacked. All in the name of Proclamation no. 1071. [...]

Bahala Na Republic » Blog Archive » Philippine Media Under Fire wrote on February 26, 2006 - 9:30 pm | Visit Link

baycas, baka “best person to lead us to oblivion”. “Pag ‘di pa naalis yang si “PANDAK”, diyan tayo pupunta.

schumey wrote on February 27, 2006 - 5:31 am | Visit Link

[...] FORMER president Fidel V. Ramos sees no immediate end to street protests "with the situation now exacerbated by the proclaimed ‘national emergency’ condition." [...]

INSIDE PCIJ: Stories behind our stories » People Power will not again happen–FVR wrote on February 27, 2006 - 1:53 pm | Visit Link

[...] A short discussion on Gloria Arroyo’s Proclamation No. 1017 came ahead. Then the assembly came up with a collective statement regarding the matter. Basically, the college insists that it will continue fighting the administration’s efforts to suppress the freedom of the press and demands that the President lift the ‘decree’ that only aims to protect the President from hounds of legitimate grievances. There was also some sort of talks about forming a CMC crisis committee just in case some students and faculty of the college or of the university suddenly disappear amidst the government’s intensifying crackdown on Gloria Arroyo’s dissenters. [...]

bikoy.net » RESCIND 1017! wrote on February 27, 2006 - 9:15 pm | Visit Link

[...] THE party-list group Akbayan has initiated the anticipated flurry of legal challenges to Proclamation No. 1017 yesterday, filing a petition for certiorari and prohibition against Gloria Macapagal-Arroyo’s imposition of a state of national emergency. [...]

INSIDE PCIJ: Stories behind our stories » Legal challenge vs Proclamation 1017 wrote on February 28, 2006 - 10:29 am | Visit Link

[...] The Philippine Senate passed a resolution yesterday condemning actions taken by the government following the issuance of Proclamation 1017. [...]

INSIDE PCIJ: Stories behind our stories » Senate condemns Proclamation 1017 wrote on February 28, 2006 - 12:19 pm | Visit Link

[...] THE University Council of the University of the Philippines in Diliman issued a statement this morning challenging Proclamation No. 1017 and calling for the resignation of President Gloria Macapagal-Arroyo. The Council declared UP Diliman as "an open space for public debate," offering physical refuge to those who may be arrested by virtue of the presidential proclamation. [...]

INSIDE PCIJ: Stories behind our stories » UP Diliman Council challenges Proclamation 1017 wrote on February 28, 2006 - 3:20 pm | Visit Link

they are now starting to broadcast one of the infirmities of our constitution:

‘National emergency proves need to correct flaws in RP system’
The Philippine Star 02/28/2006

Local government executives said yesterday the declaration of a state of national emergency highlights the urgent need for constitutional reforms to correct the structural flaws of the country’s political system, which has long served as a breeding ground for instability and military adventurism.

With the tense situation prevailing in the country, mayors, governors and other local government officials said the people’s staunch support for constitutional reforms is the last legal and peaceful means of thwarting all destabilization schemes against the government.

They said the negative reaction of some opposition senators is one more argument for Charter change, which would pave the way for the Senate to be abolished in favor of a unicameral parliamentary government.

A day after President Arroyo issued Proclamation 1017 declaring a state of national emergency, senators such as Joker Arroyo and Aquilino Pimentel called her move a “draconian” measure supposedly designed to silence the media and intimidate the political opposition.

Earlier, the Union of Local Authorities of the Philippines led scores of local executives in expressing their full support for Mrs. Arroyo and her declaration of a state of national emergency.

“They should stop showboating in spooking the public with unfounded charges of a de facto martial law supposedly imposed by (Mrs.) Arroyo, when all that she did was to declare a state of national emergency to save the nation from a then-impending coup,” said League of Provinces of the Philippines spokesman Eastern Samar Gov. Ben Evardone.

Evardone and Governors Edward Plaza of Agusan del Sur and Benjamin Loong of Sulu said it is obvious that far from addressing the national interest, these opposition leaders only have a partisan political agenda in mind in raising the martial law “bogey” just to rack up political “pogi” points at the expense of the President and the general public. — Cecille Suerte Felipe

baycas wrote on March 1, 2006 - 6:25 am | Visit Link

[...] On my way to the office everyday, I pass by a lot of newsstands, and for the past couple of mornings, every tabloid or broadsheet that my eyes would run over had a glaring “1017“ on its front page. I won’t pretend to be someone who cares about the current political and national brouhaha (sorry) that we currently have when I actually don’t. In fact, after President Arroyo declared a state of national emergency thru Proclamation 1017 a few days ago, my first reaction had been to wish that classes and work be suspended. Sadly for me, only the first was granted. [...]

leptokurtic » 1017 wrote on March 1, 2006 - 11:38 am | Visit Link

[...] PRESIDENT Gloria Macapagal-Arroyo went on air at a little past 11 this morning to say she will lift Proclamation 1017 only when she is assured that the threats to her government have been eliminated. [...]

INSIDE PCIJ: Stories behind our stories » Arroyo to lift 1017? wrote on March 1, 2006 - 11:51 am | Visit Link

[...] No, that’s not my daughter running for the student council. Friends think that she is running for office. Secretly I wish she would run one day. I had the privelege of being part of the university student council in 1977. It was the first time the student council was revived after Martial Law was declared in 1972. Those were the days when the threat was real. The youth have a lot to say about the current situation.  Most think it’s an overkill. My daughter does not participate in any rallies against Proclamation 1017 held at the UP campus. My other daughter in Ateneo feels the same way. They think it’s necessary. I don’t have an intellectual analysis of the “state of national emergency”.  All I feel is that I don’t want people grabbing the seat of government without any alternative course. As a mother, I want peace to reign. Who doesn’t want a peaceful environment for their children? Posted in Family, News || [...]

Touched by an Angel- My new normal after the death of my son wrote on March 1, 2006 - 5:33 pm | Visit Link

[...] The NUJP is among media organizations that have been sounding the alarm over Proclamation 1017’s implications to press freedom.   [...]

INSIDE PCIJ: Stories behind our stories » NUJP website hacked wrote on March 1, 2006 - 6:25 pm | Visit Link

[...] I appeared on local TV and drew some flak via text phone from a lawyer friend regarding my take on Proclamation No. 1017. Basically my position (i.e., IMHO) is that there is no substantial difference between the words of Proclamation 1017 (including General Order No. 5) (BTW - thanks to PCIJ for the link) and Art. 7, Sec. 18 of the Phil. Constitution. On its face the document appears sound and probably will survive a constitutional challenge. Any criticism levelled against it should be deemed applicable to the constitution itself, if the critic is to be consistent, because, as I’ve said, the wordings used in both documents are essentially similar. The proclamation talks about preventing and suppressing lawless violence, insurrection and rebellion. The Constitution talks about preventing or suppressing lawless violence, invasion or rebellion. Looks more or less the same to me. In fact, I think the proclamation is (to use a word I heard on the Dong Puno show - thanks to Rizalist for the MP3) a legal superfluity. It doesn’t invest the president with new powers. With or without the proclamation the president under the consitution has the power, whenever it becomes necessary, to call out the armed forces to prevent or suppress lawless violence, invasion or rebellion. As to who determines whether such a necessity exists the Supreme Court held in IBP vs. Zamora that the President “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.” Moreover, “In view of the constitutional intent to give the President full discretionary power to determine the necessity of calling out the armed forces, it is incumbent upon the petitioner to show that the President’s decision is totally bereft of factual basis.” [...]

Philippine TheoLawGee » Proclamation No. 1017 wrote on March 2, 2006 - 12:31 am | Visit Link

[...] That was the reaction of some Filipino bloggers who wrote about last week’s murky events. Leftists and groups opposed to President Gloria Macapagal Arroyo had planned protests between Feb. 22 and 24, days which happened to coincide with the 20th anniversary of the country’s 1986 “People Power” revolution, a bloodless uprising that overthrew longtime dictator Ferdinand Marcos. Rebel elements of the military were to join the protest. Two senior officers in the military said as much to the armed forces chief of staff. So on the morning of Feb. 24, Arroyo issued a decree, Proclamation 1017, which placed the country under a state of national emergency. [...]

Global Voices Online » Blog Archive » After the Philippines’ “Coup”: Anger, Apathy and a Sense of Deja Vu wrote on March 2, 2006 - 6:14 am | Visit Link

[...] STRESSING that the next 24 hours will be crucial to the recommendation they will make to the President, the justice and defense departments and the national police said they will "likely" suggest the lifting of the state of national emergency. [...]

INSIDE PCIJ: Stories behind our stories » DOJ, DND, PNP “likely” to recommend lifting 1017 wrote on March 2, 2006 - 4:21 pm | Visit Link

[...] AT 11:30 this morning, President Gloria Macapagal-Arroyo lifted the state of national emergency, declaring that peace and order has been restored. [...]

INSIDE PCIJ: Stories behind our stories » Arroyo lifts state of emergency wrote on March 3, 2006 - 1:07 pm | Visit Link

[...] The IBP yesterday filed before the Supreme Court a temprorary restraining order, restraining authorities from enforcing Proclamation 1017, General Order No. 5 and other related orders. (See the IBP petition here) [...]

INSIDE PCIJ: Stories behind our stories » Lawyers march in Edsa wrote on March 3, 2006 - 5:59 pm | Visit Link

[...] At the Palma Hall of UP Campus. The road is finally open after it had been a carless oval especially during the anti-PROCLAMATION NO. 1017 rallies. [...]

UP diliman Campus » Manila’s Daily Grind Blog:: blogging since 1996. Get cheap blog hosting here. wrote on March 9, 2006 - 2:50 pm | Visit Link

[...] Lately, Philippine media has been full of news about the threat to the freedom of speech due to the Philippine president’s declaration of PP 1017 last Feb. 24 and subsequent events related to this declaration. [...]

Mainly Mita » Amending Philippine Broadcast Franchises wrote on March 12, 2006 - 11:47 pm | Visit Link

[...] DENOUNCING what it called the government’s “continuing suppression of civil liberties” even after the lifting of the state of emergency, lawyers’ groups urged the Supreme Court to speed up its resolution of cases questioning the legality of Proclamation 1017 and two General Orders that implemented it. [...]

INSIDE PCIJ: Stories behind our stories » Lawyers’ groups urged Supreme Court to rule on 1017 wrote on March 17, 2006 - 4:56 pm | Visit Link

[...] In a surprise move, Benipayo tendered his irrevocable resignation effective April 1 in the middle of a major legal battle faced by Malacañang at the Supreme Court to defend the legality of Proclamation No. 1017 issued by Gloria Macapagal-Arroyo. As top government lawyer, Nachura has his hands full with the cases he has inherited from Benipayo, including constitutionality suits against the “calibrated pre-emptive response” policy on street demonstrations, and Executive Order No. 464 prohibiting government and military officials from testifying in congressional inquiries without clearance from Arroyo. [...]

INSIDE PCIJ: Stories behind our stories » Arroyo legal counsel is new solicitor general wrote on March 18, 2006 - 1:23 am | Visit Link

[...] The report was prepared by a sub-committee of the Committees on Justice and Human Rights, and Public Services, following an inquiry into official acts implementing Proclamation No. 1017. [...]

INSIDE PCIJ: Stories behind our stories » Senate report backs free press;says the President is not the State wrote on April 5, 2006 - 11:54 am | Visit Link

[...] The report was prepared by a sub-committee of the Committees on Justice and Human Rights, and Public Services, following an inquiry into official acts implementing Proclamation No. 1017.  [...]

Angst… no more no less… » Blog Archive » POTANGINANG GLORIA MACAPAGAL ARROYONG YAN!!!!!!! wrote on April 5, 2006 - 12:55 pm | Visit Link

[...] For those who were interested in reading the running account on State of National Emergency, the Philippine Daily Inquirer was good enough to provide us one, you can find them here and for the review of the Proclamation 1017 you can find them here.Here’s an interesting read from a unanimous writer that was forwarded to me by a Philippine based group calling for Mrs. Arroyo’s resignation. [...]

The Public Thing » Blog Archive » WHY GMA MUST GO wrote on May 1, 2006 - 5:37 am | Visit Link

[...] VOTING 11-3, the Supreme Court yesterday upheld the constitutionality of Presidential Proclamation No. 1017 issued by Gloria Macapagal-Arroyo which placed the country under a week-long state of national emergency last Feburary 24, 2006. Acts committed by government authorities under the said proclamation as the warrantless arrests (here, here, and here) and raid of the Daily Tribune office were however declared unconstitutional. To better understand the recent Court ruling, we provide readers the full text of the following: [...]

INSIDE PCIJ: Stories behind our stories » Supreme Court decision, concurring and disssenting opinions on Proclamation 1017 wrote on May 4, 2006 - 3:36 pm | Visit Link

[...] In a statement released to the media, PNP spokesman Senior Superintendent Samuel Pagdilao Jr. said the police were merely following orders issued by Malacanang through Proclamation No. 1017, and General Order No. 5 which implemented it. [...]

INSIDE PCIJ: Stories behind our stories » PNP on SC ruling on 1017: There was no abuse of authority wrote on May 4, 2006 - 3:38 pm | Visit Link

[...] the twin acts of cover-up and state repression to counter allegations of crimes committed by Arroyo and challenges to her mandate and legitimacy, citing more summary executions and arrests of political dissenters, the violent dispersal of rallies through the Calibrated Preemptive Response (CPR) rule, the withholding of information from congressional investigations through Executive Order No. 464, and a crackdown on her critics through the imposition of emergency rule under Presidential Proclamation No. 1017. [...]

INSIDE PCIJ: Stories behind our stories » Arroyo deliberately cheated her way to the presidency, must vacate post to face charges — Citizens’ Congress wrote on May 10, 2006 - 11:42 am | Visit Link

[...] But, since then, de Jesus says, more journalists had been added to the list of those killed for their work, and the Arroyo administration has yet to demonstrate any “sign of an intention” to address the issue. Recent developments urge a review of the situation and a reconsideration of my initial judgment. The statements of Gonzalez, Executive Order 464 and Presidential Proclamation 1017, the moves to intimidate the media during the state of emergency, the surveillance tactics and proposed guidelines on media conduct now constitute evidence of a sinister position taken by the administration and an attitude toward the treatment of critical groups that should raise public alarm. [...]

INSIDE PCIJ: Stories behind our stories » Media killings: Gov’t inaction ‘encourages attacks’ wrote on June 2, 2006 - 10:24 am | Visit Link

[...] For those who were interested in reading the running account on State of National Emergency, the Philippine Daily Inquirer was good enough to provide us one, you can find them here and for the review of the Proclamation 1017 you can find them here.Here’s an interesting read from a unanimous writer that was forwarded to me by a Philippine based group calling for Mrs. Arroyo’s resignation. [...]

The Public Thing » Blog Archive » WHY GMA MUST GO wrote on July 14, 2006 - 4:54 pm | Visit Link

[...] The 2006 Supreme Court decision declared Presidential Proclamation 1017 and General Order No. 5 as unconstitutional in the absence of an internationally accepted definition of terrorism. Both presidential orders directed the the police and military to “immediately carry out the necessary and appropriate actions and measures to suppress and prevent acts of terrorism and lawless violence.” [...]

INSIDE PCIJ » Civil libertarians vow to challenge anti-terror bill wrote on February 20, 2007 - 3:22 pm | Visit Link

[...] The 2006 Supreme Court decision declared Presidential Proclamation 1017 and General Order No. 5 as unconstitutional in the absence of an internationally accepted definition of terrorism. Both presidential orders directed the the police and military to “immediately carry out the necessary and appropriate actions and measures to suppress and prevent acts of terrorism and lawless violence.” [...]

Anti-Terror laws in Philippines disguise for ending Freedoms | Outlaw News wrote on February 23, 2007 - 12:13 am | Visit Link

[...] Not to mention the one heading the Anti-Terrorism Council (ATC), that is mandated to implement the law, is notorious for its action against the opposition namely  Executive Secretary Eduardo Ermita (isn’t he, the one behind PP1017?) as Chair and  Justice Secretary Raul Gonzales (isn’t he, the one who brands all opposition as cohorts of terrorists and do I have to say more?) as Vice Chair. [...]

Human (In)Security Act of 2007 « To suppress an opinion is wrong, whether that opinion is not the truth - JS Mill wrote on March 10, 2007 - 7:10 pm | Visit Link

[...] The next reason is anti-Arroyo: Mrs. Arroyo says no more EDSAs for she is afraid of people’s indignation and enduring vigilance as she reverses the gain of democratic movement (remember: PP 1017) , silences the opposition in such manner worst than the dictatorship of Marcos and obviously, undermines the right and welfare of the people. [...]

No More EDSA, Agree! « The Village Tickler wrote on March 12, 2007 - 4:52 pm | Visit Link

[...] PP 1017 was another July 2005. Using Erap-era terminology, it was a second envelope scenario that failed to happen because of several reasons I have outlined in the past such as the growing impracticability of People Power as an instrument of social change, the growing desire for better ways to find better alternatives, and the presence of internet and other forms of media that have digitized rage and televised sympathy. (see Where’s the Kaboom? and Where No One Can Hear You Scream) [...]

Republic Act 1017: Death of liberty or historical inevitability? « Akomismo || by Sir Martin Perez wrote on May 7, 2007 - 4:07 pm | Visit Link

[...] It added that Beltran’s arrest was illegal as none of the arresting officers saw Beltran commit the crime of rebellion. Beltran was arrested without warrant for the charge of inciting to sedition, a day after the country was placed under a state of national emergency. He has been in detention for over a year. [...]

INSIDE PCIJ » SC rules in favor of Batasan 6; scores DOJ’s lack of impartiality wrote on June 1, 2007 - 10:02 pm | Visit Link

[...] of Randy David vs. President Arroyo regarding the declaration of state of national emergency under Presidential Decree 1017 and General Order No. 5. Here the Supreme Court declared some portions of the law unconstitutional [...]

Anatomy of Despotism; Anti-terror Act, Arroyo’s Final Stand « IDEOLOGICAL SOUP wrote on August 24, 2007 - 9:21 pm | Visit Link

[...] of Randy David vs. President Arroyo regarding the declaration of state of national emergency under Presidential Decree 1017 and General Order No. 5. Here the Supreme Court declared some portions of the law unconstitutional [...]

The Arroyo Regime’s Anatomy of Despotism « VINCENTON POST wrote on November 13, 2009 - 2:15 pm | Visit Link

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