Friday, February 24, 2006

Full text of PROCLAMATION NO. 1017

MALACA√ĎANG PALACE MANILA

PROCLAMATION NO. 1017

PROCLAMATION DECLARING A STATE OF NATIONAL EMERGENCY

WHEREAS, over these past months, elements in the political opposition have conspired with authoritarians of the extreme Left represented by the NDF-CPP-NPA and the extreme Right, represented by military adventurists ? the historical enemies of the democratic Philippine State ? who are now in tactical alliance and engaged in a concerted and systematic conspiracy, over a broad front, to bring down the duly constituted Government elected in May 2004.

WHEREAS, these conspirators have repeatedly tried to bring down the President;

WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;

WHEREAS, this series of actions is hurting the Philippine State ? by obstructing governance including hindering the growth of the economy and sabotaging the people?s confidence in government and their faith in the future of this country;

WHEREAS, these actions are adversely affecting the economy;

WHEREAS, these activities give totalitarian forces of both the extreme Left and extreme Right the opening to intensity their avowed aims to bring down the democratic Philippine State;

WHEREAS, Article 2, Section 4 of our Constitution makes the defense and preservation of the democratic institutions and the State the primary duty of Government;

WHEREAS, the activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrity of the Philippine State and of the Filipino people;

NOW, THEREFORE, I Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, 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 any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction; and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.

IN WITNESS HEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 24th day of February, in the year of Our Lord, two thousand and six.

GLORIA MACAPAGAL-ARROYO President Republic of the Philippines

3 Comments:

At 3:43 PM, Anonymous Kiko said...

The closing remarks should have read:

GLORIA MACAPAGAL-ARROYO Pekeng President Republic of the Philippines

 
At 7:34 AM, Anonymous Anonymous said...

The RP President's Proclamation No. 1017 is very clearly and surely unconsitutional

The RP President Gloria Macapagal - Arroyo's Proclamation No. 1017, which declares a state of national emergency, usurps the power of Congress to determine the existence of war or national emergency. Because it is Congress which has the power to determine the existence of war or national emergency, it is Congress which has the power to declare the existence of war or national emergency. Such usurpation of power, by the President, is a violation of the principle of the separation of powers under the Constitution.

With such usurpation, she also violated the provision of Article 329 of the Revised Penal Code of the Philippines. Such provision provides the following:

"Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof."

She violated such provision because her Proclamation 1017 gives her unrestricted and unregulated legislative or lawmaking power to promulgate decrees, orders and regulation without authority or without the delegation of the legislative or lawmaking power to her as President.

Nowhere in the provisions of the Philippine Constitution, not even in the provisions of Article VII, The Executive Department, Sec. 18, and Article VI, The Legislative Department, Sec. 23, Subsec. 2, can you find the provision which provides for the power of the President to determine and declare the existence of a national emergency. In fact, it is the Congress which has the power to determine and declare the existence of a national emergency because it is Congress which gives the emergency powers, such as the delegation of the legislative power, to the President through the enactment of a law which gives such powers.

Under our democratic society, no unlimited and unregulated power, such as those powers provided under the provisions of Proclamation No. 1017, may be validly granted.

The RP President's Proclamation No. 1017 is very clearly illegal because it provides the unrestricted legislative power to the President to promulgate decrees, orders and regulations without the delegation of the legislative power by the Congress to the President in order to carry out a declared national policy.

The words " to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction" in Proclamation No. 1017 mean that she, as a President, has promulgated, can promulgate and will promulgate decrees even without lawmaking power and such decrees will consequently become Presdential decrees because such decrees come from her. Such words provide for the unrestricted lawmaking power of the President.

Presidential decrees are laws promulgated by the then dictator President under his martial law powers.

Because such words mean that she, as a President, has promulgated, can promulgate and will promulgate Presidential decrees even without lawmaking power, such provision of the Proclamation No. 1017 is a very clear usurpation of the power of Congress to pass laws. Such usurpation of the power of Congress, by the President, is a very clear violation of the principle of separation of powers under the Constitution.

With such usurpation, she also violated the provision of Article 329 of the Revised Penal Code of the Philippines. Such provision provides the following:

"Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof."

She violated such provision because her Proclamation 1017 gives her unrestricted and unregulated legislative or lawmaking power to promulgate decrees, orders and regulation without authority or without the delegation of the legislative or lawmaking power to her as President.

The President, if it is really necessary, should have called out the Armed Force of the Philippines to prevent or suppress lawless violence, invasion or rebellion without unnecessarily declaring illegally a state of national emergency.

Proclamation No. 1017, which unnecessarily declares illegally a state of national emergency, is a circumvention of the provisions of Article VII, The Executive Department, Sec. 18, Article VI, The Legislative Department, Sec. 23, Subsec. 2, Article 12, National Economy and Patrimony, Sec. 17, of the Philippine Constitution so that the Arroyo administration can temporarily take over or direct the operation of any privately owned public utility or business such as mass media even without the delegation of the legislative power by the Congress to the President to promulgate decrees, orders and regulations to carry out a declared national policy.

Such temporary take over or directing the operation of any privately owned public utility or business, such as mass media, is intended to suppress the truth, deceive the people and gain their trust through the Arroyo administration's PR and propaganda blitz through the mass media in order to improve the image of Mrs. Arroyo and her administration and also to improve her very low, double digit negative trust rating from the majority of the people.

The virtual bases of the provision in the Proclamation No. 1017 about the primary duty of the government to defend the state and the democratic institutions are the provisions of Article II, Sec. 2 of the 1935 and 1973 Constitutions.

Article II, Declartion of Principles, Sec. 2 of the 1935 Philippine Constitution provides for the defense of the state as a primary duty of the government.

Article II, Declaration of Principles and State Policies, Sec. 2 of the 1973 Philippine Constitution provides for the defense of the state as a primary duty of the government and the people.

Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution provides for the primary duty of the government to serve and protect the people.

Such defense of the state as a primary duty of the government refers to a defensive war against internal and external enemies for the states self-preservation. The internal enemies of the state are the subversives, rebels, and insurgents. Its external enemies are those countries that wish it ill. There is no current existence of a defensive war against its internal enemies. In fact, the Arroyo administration of the Philippine government said at that time that everything is under control. If it is really true that everything is under control by the Arroyo administration at that time, how can there be an existence of a national emergency and even a defensive war against its internal enemies?

Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution doesn't provide specifically that the primary duty of the government is to defend and preserve the democratic institutions and the state.

Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution provides specifically that the prime or primary duty of the government is to serve and protect the people.

But it can be implied from the provisions of Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution that through the government's defense of the state for its self-preservation, the government and the democratic institutions are also consequently preserved and thereby, the government fulfills its primary duty of serving and protecting the people.

But if there are really destabilizers, coup plotters and People Power organizers who want to remove the alleged fake and illegal President from office by any means possible, their intention is not to perish the state, government and its democratic institutions but only to solve the political crisis, which in the words of the RP past President Fidel Valdez Ramos is all about legitimacy and credibility crises, through the removal from the Presidency of the alleged illegal President whom the majority of the people don't trust. In fact, the RP past President Fidel Valdez Ramos wants her to cut short her term in 2007 in order to solve the legitimacy and credibility crises.

The intention of the people to remove the alleged illegal President from the Presidency, by any means possible, doesn't perish the state. It is not the intention of the democratic loving People Power struggle of the Filipino people to perish the state because if it perishes, the people, their government, their homes and their independence also perish. So, Article II, Declaration of Principles and State Policies, Sec. 4 of the Philippine Constitution as one of the bases of Proclamation No. 1017 is incorrect.

Because Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the provisions of the Constitution and the laws and Proclamation 1017 is very clearly and surely contrary to the provisions of the Constitution and the laws, Proclamation No. 1017 is very clearly and surely illegal and should be declared void from the beginning.

 
At 7:56 AM, Anonymous Anonymous said...

The RP President's Proclamation No. 1017 is very clearly and surely unconsitutional

The RP President Gloria Macapagal - Arroyo's Proclamation No. 1017, which declares a state of national emergency, usurps the power of Congress to determine the existence of war or national emergency. Because it is Congress which has the power to determine the existence of war or national emergency, it is Congress which has the power to declare the existence of war or national emergency. Such usurpation of power, by the President, is a violation of the principle of the separation of powers under the Constitution.

With such usurpation, she also violated the provision of Article 329 of the Revised Penal Code of the Philippines. Such provision provides the following:

"Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof."

She violated such provision because her Proclamation 1017 gives her unrestricted and unregulated legislative or lawmaking power to promulgate decrees, orders and regulation without authority or without the delegation of the legislative or lawmaking power to her as President.

Nowhere in the provisions of the Philippine Constitution, not even in the provisions of Article VII, The Executive Department, Sec. 18, and Article VI, The Legislative Department, Sec. 23, Subsec. 2, can you find the provision which provides for the power of the President to determine and declare the existence of a national emergency. In fact, it is the Congress which has the power to determine and declare the existence of a national emergency because it is Congress which gives the emergency powers, such as the delegation of the legislative power, to the President through the enactment of a law which gives such powers.

Under our democratic society, no unlimited and unregulated power, such as those powers provided under the provisions of Proclamation No. 1017, may be validly granted.

The RP President's Proclamation No. 1017 is very clearly illegal because it provides the unrestricted legislative power to the President to promulgate decrees, orders and regulations without the delegation of the legislative power by the Congress to the President in order to carry out a declared national policy.

The words " to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my directions" in Proclamation No. 1017 mean that she, as a President, has promulgated, can promulgate and will promulgate decrees even without lawmaking power and such decrees will consequently become Presdential decrees because such decrees come from her. Such words provide for the unrestricted lawmaking power of the President.

Presidential decrees are laws promulgated by the then dictator President under his martial law powers.

Because such words mean that she, as a President, has promulgated, can promulgate and will promulgate Presidential decrees even without lawmaking power, such provision of the Proclamation No. 1017 is a very clear usurpation of the power of Congress to pass laws. Such usurpation of the power of Congress, by the President, is a very clear violation of the principle of separation of powers under the Constitution.

With such usurpation, she also violated the provision of Article 329 of the Revised Penal Code of the Philippines. Such provision provides the following:

"Art. 239. Usurpation of legislative powers. The penalties of prision correccional in its minimum period, temporary special disqualification and a fine not exceeding 1,000 pesos, shall be imposed upon any public officer who shall encroach upon the powers of the legislative branch of the Government, either by making general rules or regulations beyond the scope of his authority, or by attempting to repeal a law or suspending the execution thereof."

She violated such provision because her Proclamation 1017 gives her unrestricted and unregulated legislative or lawmaking power to promulgate decrees, orders and regulation without authority or without the delegation of the legislative or lawmaking power to her as President.

The President, if it is really necessary, should have called out the Armed Force of the Philippines to prevent or suppress lawless violence, invasion or rebellion without unnecessarily declaring illegally a state of national emergency.

Proclamation No. 1017, which unnecessarily declares illegally a state of national emergency, is a circumvention of the provisions of Article VII, The Executive Department, Sec. 18, Article VI, The Legislative Department, Sec. 23, Subsec. 2, Article 12, National Economy and Patrimony, Sec. 17, of the Philippine Constitution so that the Arroyo administration can temporarily take over or direct the operation of any privately owned public utility or business such as mass media even without the delegation of the legislative power by the Congress to the President to promulgate decrees, orders and regulations to carry out a declared national policy.

Such temporary take over or directing the operation of any privately owned public utility or business, such as mass media, is intended to suppress the truth, deceive the people and gain their trust through the Arroyo administration's PR and propaganda blitz through the mass media in order to improve the image of Mrs. Arroyo and her administration and also to improve her very low, double digit negative trust rating from the majority of the people.

The virtual bases of the provision in the Proclamation No. 1017 about the primary duty of the government to defend the state and the democratic institutions are the provisions of Article II, Sec. 2 of the 1935 and 1973 Constitutions.

Article II, Declaration of Principles, Sec. 2 of the 1935 Philippine Constitution provides for the defense of the state as a primary duty of the government.

Article II, Declaration of Principles and State Policies, Sec. 2 of the 1973 Philippine Constitution provides for the defense of the state as a primary duty of the government and the people.

Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution provides for the primary duty of the government to serve and protect the people.

Such defense of the state as a primary duty of the government refers to a defensive war against internal and external enemies for the states self-preservation. The internal enemies of the state are the subversives, rebels, and insurgents. Its external enemies are those countries that wish it ill. There was no existence of a defensive war against its internal enemies at that time. In fact, the Arroyo administration of the Philippine government said that everything was under control at that time. If it is really true that everything was under control by the Arroyo administration at that time, how could there be an existence of a national emergency and even a defensive war against its internal enemies at that time?

Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution doesn't provide specifically that the primary duty of the government is to defend and preserve the democratic institutions and the state.

Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution provides specifically that the prime or primary duty of the government is to serve and protect the people.

But it can be implied from the provisions of Article II, Declaration of Principles and State Policies, Sec. 4 of the 1987 Philippine Constitution that through the government's defense of the state for its self-preservation, the government and the democratic institutions are also consequently preserved and thereby, the government fulfills its primary duty of serving and protecting the people.

But if there are really destabilizers, coup plotters and People Power organizers who want to remove the alleged fake and illegal President from office by any means possible, their intention is not to perish the state, government and its democratic institutions but only to solve the political crisis, which in the words of the RP past President Fidel Valdez Ramos is all about legitimacy and credibility crises, through the removal from the Presidency of the alleged illegal President whom the majority of the people don't trust. In fact, the RP past President Fidel Valdez Ramos wants her to cut short her term in 2007 in order to solve the legitimacy and credibility crises.

The intention of the people to remove the alleged illegal President from the Presidency, by any means possible, doesn't perish the state. It is not the intention of the democratic loving People Power struggle of the Filipino people to perish the state because if it perishes, the people, their government, their homes and their independence also perish. So, Article II, Declaration of Principles and State Policies, Sec. 4 of the Philippine Constitution as one of the bases of Proclamation No. 1017 is incorrect.

Because Administrative or executive acts, orders and regulations shall be valid only when they are not contrary to the provisions of the Constitution and the laws and considering the fact that Proclamation 1017 is very clearly and surely contrary to the provisions of the Constitution and the laws, Proclamation No. 1017 is very clearly and surely illegal and should be declared void from the beginning.

 

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