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2. The petitioner has the following organizations as members:
3. With the exception of the Ateneo Human Rights Center (AHRC), all ALG
5. The petitioner can be served summons and other processes through the
6. Public respondent Eduardo R. Ermita is the incumbent Executive
7. Public respondent Gen. Generoso Senga and Gen. Arturo Lomibao are
10. A few minutes after the warrantless search of police into the Tribune's
11. In order to explain what happened during the warrantless search of the
12. Subsequently, Anakpawis Partylist Representative Crispin Beltran was
13. Bayan Muna Partylist Representative Satur Ocampo eluded arrest at an
14. Retired Major General Ramon Montaño, a former head of the defunct
15. Proclamation No. 1017 and General Order No. 5 has already been
16. The power of the courts to declare a law unconstitutional arises only
17. It is significant to note that the Court has adopted the policy of taking
18. It is not denied that the Supreme Court is a court of last resort, and must
19. In Chavez v. PEA-Amari, this Honorable Court had occasion to state:
21. The 1987 Constitution of the Republic of the Philippines is a pivotal point
22. Article VII, Section 18 basically lays down the powers of the President as
23. Said powers have also been interpreted as graduated, with the power to
24. This was affirmed in the case of Sanlakas v. Reyes (G.R. No. 159085
25. Granted that such calling out power is the most benign of the three, it is
26. Thus to such a power, one must remain vigilant for any abuses thereto
27. As was argued, it is evident under the 1987 Constitution that in the
28. With the implementation of the proclamation, the following fundamental
29. The mere declaration of a state of national emergency in itself does not
30. As the Honorable Court explained in Sanlakas:
32. Presidential Proclamation No. 1017 (“Proclamation 1017”) states, in part
33. A proclamation is defined as embodying the acts of the President in fixing
34. The act of calling out the Armed Forces under Proclamation 1017 is for
35. There are at least four constructions which may be given this second part
37. Second, when construed in relation to the pertinent recitals under the
38. Third, when construed in the light of the subsequent and
40. Petitioner respectfully submits the humble view that none of the
41. Petitioner respectfully submits that Article XII, Section 17 (2) does not
42. Where the President independently makes a factual determination that a
43. Article XII, Section 17 of the Constitution does not clothe the President,
44. It has further been widely reported that the “strong presence” of the
45. Police Chief Arturo C. Lomibao was reported to have warned media to
46. Article XII, Section 17 of the 1987 Constitution does not permit the
47. The mentioned proviso functions primarily as recognition of the right and
48. It is basic that police power is an inherent attribute of sovereignty, which
49. It bears stressing that police power is lodged primarily in Congress; it
51. When thus construed within this context, it is clear that the power to take
52. This interpretation of Article XII, Section 17 was confirmed by the
54. That this is the Constitution’s designed manner by which Article XII,
55. It is helpful for the succeeding discussion to set these related provisions
56. In the case of Araneta v. Dinglasan (84 Phil 368), the Honorable Court
58. Yet another reason to preserve in the Legislature the exercise of the
59. The 1987 Constitution is a document which is recognized to be “anti-
60. Not even the “deadlocks in and slowness of democratic processes” afford
61. There is yet another impediment which bars the President from taking
63. Nor can the President, as Chief of the Executive Department, usurp the
64. At best, the declaration of a state of national emergency cannot be
66. Doubtless, Proclamation No. 1017 and General Order No. 5 should be
67. The Presidential Proclamation No. 1017 must likewise fail due to the lack
68. Article 2 of the Civil Code pertinently provides that, “Laws shall take
69. Proclamation No. 1017 has miserably failed these tests. Signed by the
71. In the landmark case of Tanada vs. Tuvera, the Supreme Court said that:
72. The law and jurisprudence are clear and succinct - in the light of the
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Certiorari and Prohibition With App of TRO

Certiorari and Prohibition With App of TRO

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Published by Kc Red-Lock

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Published by: Kc Red-Lock on Feb 26, 2014
Copyright:Attribution Non-commercial


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