Prof. Randolf S. David vs.

Gloria
Macapagal-Arroyo G.R. No. 171396,
May 3, 2006
Prof. Randolf S. David vs. Gloria Macapagal-Arroyo

G.R. No. 171396, May 3, 2006

FACTS:

These 7 consolidated petitions question the validity of PP

1017 (declaring a state of national emergency) and
General Order No. 5 issued by President Gloria
Macapagal-Arroyo. While the cases are pending,
President Arroyo issued PP 1021, declaring that the state
of national emergency has ceased to exist, thereby, in
effect, lifting PP 1017.

ISSUE:

* Whether or not PP 1017 and G.O. No. 5 arrogated upon

the President the power to enact laws and decrees
* If so, whether or not PP 1017 and G.O. No. 5 are
unconstitutional

HELD:

“Take-Care” Power

This refers to the power of the President to ensure that the

laws be faithfully executed, based on Sec. 17, Art. VII:
“The President shall have control of all the executive
departments, bureaus and offices. He shall ensure that the
laws be faithfully executed.”

As the Executive in whom the executive power is vested,

the primary function of the President is to enforce the laws
as well as to formulate policies to be embodied in existing
laws. He sees to it that all laws are enforced by the
officials and employees of his department. Before
assuming office, he is required to take an oath or
affirmation to the effect that as President of the
Philippines, he will, among others, “execute its laws.” In
the exercise of such function, the President, if needed,
may employ the powers attached to his office as the
Commander-in-Chief of all the armed forces of the
country, including the Philippine National Police under the
Department of Interior and Local Government.

The specific portion of PP 1017 questioned is the enabling

clause: “to enforce obedience to all the laws and to all
decrees, orders and regulations promulgated by me
personally or upon my direction.”

Is it within the domain of President Arroyo to promulgate

“decrees”?

The President is granted an Ordinance Power under

Chap. 2, Book III of E.O. 292. President Arroyo’s
ordinance power is limited to those issuances mentioned
in the foregoing provision. She cannot issue decrees
similar to those issued by Former President Marcos under
PP 1081. Presidential Decrees are laws which are of the
same category and binding force as statutes because they
were issued by the President in the exercise of his
legislative power during the period of Martial Law under
the 1973 Constitution.

This Court rules that the assailed PP 1017 is

unconstitutional insofar as it grants President Arroyo the
authority to promulgate “decrees.” Legislative power is
peculiarly within the province of the Legislature. Sec. 1,
Art. 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.

But can President Arroyo enforce obedience to all decrees

and laws through the military?

As this Court stated earlier, President Arroyo has no

authority to enact 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 PP 1017, to enforce laws pertinent to its
duty to suppress lawless violence.