David v.

Arroyo

GR No. 171396; May 3, 2006

FACTS:

President Arroyo issued PP1017 declaring a state of national emergency. This case covers the seven
consolidated petitions for certiorari assailing the constitutionality of PP1017 and General Order No. 5
implementing the former. it is alleged that in doing so, President Gloria Macapagal-Arroyo committed
grave abuse of discretion and that respondent officials of the Government, in their professed efforts to
defend and preserve democratic institutions are actually trampling upon the very freedom guaranteed
and protected by the constitution.

ISSUE:

Whether or not PP1017 and GO No. 5 are constitutional

HELD:

The assailed PP1017 is unconstitutional insofar as it grants President Arroyo the authority to promulgate
decrees. legislative power is peculiarly within the province of the Legislature, Section 1, Article VI
categorically states that “the legislative power shall be vested in the Congress of the Philippines, which
shall consist of a Senate and a House of Representatives”. To be sure, neither martial law nor a state of
rebellion nor a state of emergency can justify President Arroyo’s exercise of legislative power by issuing
decrees. It follows that these decrees are void and, therefore, cannot be enforced. With respect to
“laws”, she cannot call the military to enforce or implement certain laws such as customs laws, laws
governing family and property relations, laws on obligations and contracts, and the like. She can only
order the military under PP1017, to enforce laws pertaining to its duty to suppress lawless violence.