Proclamation No. 1017

PRESIDENT Gloria Macapagal-Arroyo signed Proclamation No. 1017, declaring the country under a state of emergency. (Read Proclamation No. 1017 here.)

"Over the past months, elements in the political opposition have conspired with the authoritarians of the extreme Left represented by the National Democratic Front-Communist Party of the Philippines-New People’s Army (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," it stated.

She said these actions, recklessly magnified by some members of media, are adversely affecting the economy and sabotaging the people’s confidence in the government.

The President invoked Section 18, Article 7 of the Philippine Constitution, specifically, "The President…whenever it becomes necessary…may call out (the) armed forces to prevent or suppress…rebellion…." The full text of that section reads:

The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call.

The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.

A state of martial law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.

The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.

During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be judicially charged within three days, otherwise he shall be released.

Arroyo ordered the Armed Forces of the Philippines to maintain law and order, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion. She also cited Section 17, Article 12 which grants her the power to "temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest" in times of national emergency.