DAVID, ET AL. VS. ARROYO, ET AL.

G.R. Nos. 171396, 171409, 171485, 171483, 171400, 171489 & 171424 May 3, 2006
FACTS:
Arroyo issued PP 1017 declaring a state of national emergency and call upon AFP and the to
prevent and suppress acts of terrorism and lawless violence in the country. Permits to hold
rallies issued earlier by the local governments were revoked. Rallyists were dispersed. The
police arrested petitioner David and Llamas without a warrant.
President Arroyo issued PP 1021 declaring that the state of national emergency has ceased to
exist. Petitioners filed petitions with the SC, impleading Arroyo, questioning the legality of
the proclamation.
ISSUE:
Whether or not Presidential Proclamation No. 1017 is unconstitutional?
HELD:
No. PP 1017 is constitutional insofar as it constitutes a call by the President for the AFP to
prevent or suppress lawless violence whenever becomes necessary as prescribe under Section
18, Article VII of the Constitution. However, the SC ruled that under Section 17, Article XII
of the Constitution, the President, in the absence of legislative legislation, cannot take over
privately-owned public utility and private business affected with public interest. Therefore,
the PP No. 1017 is only partly unconstitutional.