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G.R. No. 171396, May 3 2006 (Legislative Department - Power To Declare War and Delegate Emergency Power) Facts
G.R. No. 171396, May 3 2006 (Legislative Department - Power To Declare War and Delegate Emergency Power) Facts
171396, May 3 2006 [Legislative Department - Power to Declare War and Delegate
Emergency Power]
FACTS:
On February 24, 2006, President Arroyo issued PP No. 1017 declaring a state of emergency, thus:
NOW, THEREFORE, I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines and
Commander-in-Chief of the Armed Forces of the Philippines, [calling-out power] 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 as any act of insurrection or rebellion ["take care" power] and to enforce obedience to all the
laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and [power
to take over] as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National
Emergency.
On the same day, PGMA issued G.O. No. 5 implementing PP1017, directing the members of the AFP
and PNP "to immediately carry out the necessary and appropriate actions and measures to suppress and prevent
acts of terrorism and lawless violence."
David, et al. assailed PP 1017 on the grounds that (1) it encroaches on the emergency powers of
Congress; (2) it is a subterfuge to avoid the constitutional requirements for the imposition of martial law; and
(3) it violates the constitutional guarantees of freedom of the press, of speech and of assembly. They alleged
“direct injury” resulting from “illegal arrest” and “unlawful search” committed by police operatives pursuant
to PP 1017.
During the hearing, the Solicitor General argued that the issuance of PP 1017 and GO 5 have factual
basis, and contended that the intent of the Constitution is to give full discretionary powers to the President in
determining the necessity of calling out the armed forces. The petitioners did not contend the facts stated b
the Solicitor General.
ISSUE:
Whether or not the PP 1017 and G.O. No. 5 is constitutional.
RULING:
The operative portion of PP 1017 may be divided into three important provisions, thus:
First provision: “by virtue of the power vested upon me by Section 18, Artilce VII … 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”
Second provision: “and to enforce obedience to all the laws and to all decrees, orders and
regulations promulgated by me personally or upon my direction;”
Third provision: “as provided in Section 17, Article XII of the Constitution do hereby declare a State
of National Emergency.”
PP 1017 is partially constitutional insofar as provided by the first provision of the decree.
First Provision: Calling Out Power.
The only criterion for the exercise of the calling-out power is that “whenever it becomes necessary,”
the President may call the armed forces “to prevent or suppress lawless violence, invasion or rebellion.”
(Integrated Bar of the Philippines v. Zamora)
President Arroyo’s declaration of a “state of rebellion” was merely an act declaring a status or
condition of public moment or interest, a declaration allowed under Section 4, Chap 2, Bk II of the Revised
Administration Code. Such declaration, in the words of Sanlakas, is harmless, without legal significance, and
deemed not written. In these cases, PP 1017 is more than that. In declaring a state of national emergency,
President Arroyo did not only rely on Section 18, Article VII of the Constitution, a provision calling on the
AFP to prevent or suppress lawless violence, invasion or rebellion. She also relied on Section 17, Article XII,
a provision on the State’s extraordinary power to take over privately-owned public utility and business affected
with public interest. Indeed, PP 1017 calls for the exercise of an awesome power. Obviously, such
Proclamation cannot be deemed harmless.
To clarify, PP 1017 is not a declaration of Martial Law. It is merely an exercise of President
Arroyo’s calling-out power for the armed forces to assist her in preventing or suppressing lawless violence.