MANILA, 4 May 2006 — The Philippine Supreme Court upheld yesterday the constitutionality of Presidential Proclamation 1017 by which President Gloria Macapagal-Arroyo declared a weeklong state of emergency last February.

In an 11-3 vote, however, the high court also ruled that raids conducted and arrests made during the weeklong period from Feb. 24 to March 3 were illegal.

Malacañang hailed the decision, saying it “affirmed the government’s right to protect itself” against those conspiring to oust the administration, but said that the solicitor general would still review the ruling to determine if an appeal would be necessary.

“In a way we are glad that, at least, the SC (Supreme Court) decision affirmed the government’s inherent right to protect itself, and the president’s power under the constitution to call out the armed forces as its commander-in-chief to prevent or suppress lawless violence,” Press Secretary Ignacio Bunye said in a statement.

Bunye reiterated the president’s proclamation last Feb. 24 following a foiled coup was in reaction to the “clear and present danger posed by the conspiracy between the left and the right.”

“It was clear that without the decisive action of the government at that time, the threat would not have been met head-on and quashed immediately,” he added.

Because of Proclamation 1017, the people continue to enjoy their rights, Bunye added.

He said the decision to issue the proclamation had the full backing of the Cabinet and the defense institutions “to protect national interest and in defense of the state.”

Director General Arturo Lomibao, Philippine National Police chief, said he had yet to see a copy of the ruling, but added that he could not stop the filing of charges against the police by those affected during the weeklong state of national emergency

In an interview over nationwide television, Lomibao said he was withholding comment on the high court’s ruling until he had read the decision.

“First of all, I have not read the decision. It’s premature for me to comment on something that I have not read,” Lomibao said.

“If the ruling is Proclamation 1017 is constitutional, then it is victory for the government, especially the president,” he said.

‘Hair Splitting’

House minority leader Rep. Francis Escudero concluded that Arroyo indeed abused her powers with PP1017.

“For the third time, we have been proven correct in our assertion that Arroyo has abused her power and what we have been doing in the opposition is to fiscalize and check her abuses, not destabilize,” he told a national television program.

Some members of the opposition bloc at the House of Representatives even said the Supreme Court ruling on the arrests and raids could be used as another ground to impeach Arroyo although others saw the decision as “hair splitting” by the high tribunal. The high tribunal issued a 73-page decision which said that the president violated no laws when she called upon the Armed Forces of the Philippines (AFP) to suppress “lawless violence.”

“The court rules that PP1017 is constitutional insofar as it constitutes a call by President Arroyo on the Armed Forces of the Philippines to prevent or suppress lawless violence,” the ruling read.

Supreme Court spokesman Ismael Khan read salient points of the decision from Baguio City in the northern Philippines, where the high tribunal is holding its summer session.

“However, the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence, as well as the freeze promulgated by the president are declared unconstitutional,” the magistrates deemed.

It likewise affirmed the president’s power to declare a state of national emergency but explained that she had no power to take over without legislation private companies including media networks.

General Order No. 5, which contains guidelines for the police and the AFP to crush threats to the state, was similarly declared constitutional except for a provision about acts of terrorism because “acts of terrorism have not yet been defined and made punishable by the legislature.”

Arroyo declared last Feb. 24 a state of national emergency, citing a concerted threat among military adventurists, opposition leaders and communist leaders to oust her from power.

Excesses

However, magistrates noted that the administration violated the law when the police and the military enforced warrantless arrests against Randolf “Randy” David, professor at the University of the Philippines (UP), and Akbayan president Ronald Llamas.

David and Llamas were collared by police officers when they insisted on marching in EDSA.

They were brought to Camp Karingal for questioning but were released three hours later.

The high tribunal also declared as unconstitutional the dispersal of the Kilusang Mayo Uno (KMU) labor group and protest marchers on Feb. 24, the 20th anniversary of the 1986 People Power revolt.

The SC also affirmed that government may not impose prior restraint on the press, such as the raid on the office and printing press of the opposition-leaning Daily Tribune.

It likewise ruled that the seizure of documents and copies of the Tribune’s next day edition were illegal.

“In the absence of proof that these petitioners were committing acts constituting lawless violence, invasion or rebellion and violating Batas Pambansa 880, the imposition of standards of media or any form of prior restraint of the press as well as warrantless search of Tribune offices and whimsical seizures of its articles for publication and other materials are declared unconstitutional,” it said.

Criminal Charges

Meanwhile, the Daily Tribune is set to file criminal and administrative charges against government and police officials who ordered the raid on the newspaper’s offices last Feb. 24, after the Supreme Court ruled that the action was illegal.

Tribune publisher and editor Ninez Cacho-Olivarez, in an interview with a radio station said they were only awaiting receipt of a copy of the decision before filing a case against Arroyo’s Cabinet security cluster.

Olivarez noted that Lomibao said during one of his televised interviews that it was the security cluster that decided to take over Tribune. She said the PNP Criminal Investigation and Detection Group (CIDG) will be included in the complaint.

Coming on World Press Freedom Day, Olivarez said the ruling was definitely a victory for the press. Even if the decision was not unanimous, Olivarez said she was heartened by the fact that the majority of the justices came out to uphold press freedom.

“It’s a victory for all media, not just the Tribune,” she said.