February 28, 2006 · Posted in: In the News, State of Emergency
UP law faculty calls on Arroyo to revoke Proclamation 1017 and General Order 5
THE UP College of Law unanimously approved yesterday in a full faculty meeting a statement condemning “in the strongest possible terms this brazen assault on essential freedoms” in the wake of Gloria Macapagal-Arroyo’s state of national emergency declaration.
In July last year, the law faculty also issued a statement urging Arroyo to resign amid the brewing scandal of her taped conversations with former elections commissioner Virgilio Garcillano.
Below is the text of the official law faculty position:
Statement on the UP College of Law Faculty on Proclamation 1017 and General Order 5
Last Friday, February 24, 2006, Gloria Macapagal-Arroyo issued Presidential Proclamation 1017, declaring a state of national emergency. Immediately after, she issued General Order No. 5, directing the chiefs of the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to “immediately carry out necessary and appropriate actions and measures to suppress and prevent acts of terrorism and lawless violence.”
Since then, these two issuances have been used to justify the imposition of severe limitations on — and in certain instances the outright denial of — civil liberties guaranteed and protected under the Bill of Rights, including the freedoms of speech, expression, of the press, and public assembly. Ostensibly on the strength of Proclamation 1017 and General Order 5, a general ban on rallies has been imposed, the PNP has raided one newspaper and threatens to take over other media outfits which “fail to conform to government standards,” and numerous persons, including several members of Congress, have been arrested without warrant.
We, the faculty of the University of the Philippines College of Law, speaking with one voice, condemn in the strongest possible terms this brazen assault on essential freedoms. We firmly and unequivocally take the position that Proclamation 1017 and General Order 5, and the manner in which they are being applied by the Executive, constitute an unconstitutional infringement on civil liberties.
We refuse to accept the half-hearted excuse, put forth by some officials in the Arroyo administration, that the two issuances were “not intended” to violate the Bill of Rights. The simple and undeniable fact is that Proclamation 1017 and General Order 5 have been utilized by the PNP and other executive organs to mount a vigorous and unrelenting campaign against perceived critics of the administration, in full and flagrant disregard of the protections enshrined in the Bill of Rights as well as the legal rules of procedure. Equally undeniable is that the President has sanctioned, or at the very least tacitly approved, these actions undertaken by her subordinates, all of whom are fully within her control.
The indisputable truth is that the violations of the Bill of Rights done pursuant to Proclamation 1017 and General Order 5 are acts of the President.
It must be emphasized that nothing in the Constitution can authorize the suspension of the Bill of Rights. Even under a declared state of martial law, which the Arroyo administration repeatedly insists this is not, the Bill of Rights remains fully operative. Thus, the suppression of free speech, the muzzling of the free press, and the prohibition on public assembly sanctioned by the two issuances cannot be construed as anything other than clearly and unequivocally unconstitutional.
Our civil liberties, particularly the freedom of speech and public assembly are indispensable to our democracy. We cannot allow them to be arbitrarily suppressed. We therefore call for the immediate and unconditional rescission of Proclamation 1017 and General Order 5.
15 Responses to UP law faculty calls on Arroyo to revoke Proclamation 1017 and General Order 5
ryebosco
February 28th, 2006 at 1:47 pm
I have a question. Isn’t the University of the Philippines a public institution operating under the auspices of the Philippine government? If this is so, should the faculty be charged with sedition?
Just a thought.
INSIDE PCIJ: Stories behind our stories » UP Diliman Council challenges Proclamation 1017
February 28th, 2006 at 3:21 pm
[…] The Council likewise voted to adopt in full an earlier statement by the UP College of Law calling for the "immediate and unconditional rescission of Proclamation 1017 and General Order No. 5. On this motion, 197 voted Yes, 3 voted No, and 6 abstained. […]
Alecks Pabico
February 28th, 2006 at 3:22 pm
Why? What is seditious about this statement?
benign0
February 28th, 2006 at 5:36 pm
How ironic that an institution – the UP Law – which has produced a big chunk of the very unsavory politicians that infest Pinoy society now presumes to be an authority on what is unethical behaviour. 😀
Check out my last PCIJ discussion on the topic:
http://www.getrealphilippines.com/rant/rant00017.html
Excerpt:
===========
In a backward society like the Philippines, however, which lacks a philosophical framework to put the technical aspect of law in its proper context, the legal profession — with its “products” trained in the TECHNICAL interpretation of the law, run around perverting the system to their ends. The outcome is what we all see today. A convoluted governance framework, snail-paced judicial processes, and fat-cat lawyers tweaking/invoking legal technicalities at the expense of the overall ability of the society to move forward.
===========
I also had this to say here:
http://www.getrealphilippines.com/rant/rant00016.html
Excerpt:
===========
Fact is, UP Law, compared to other UP colleges/institutions has produced more than its fair share of the crooks and other politicians that have contributed significantly to the backwardness of the Philippines. Fraternities affiliated with UP Law have been among the most violent and disruptive in the UP campus and are renowned for their chronic petty feuds and high-nosed ‘old boys’ network amongst its “brods”.
This old boys’ club ( which encourages patronage based on filial and personal relationships over fair evaluation of individual merit) endure past graduation into old age and probably account for a significant component of the nepotism, cronyism and patron politics that are deeply entrenched in Philippine business, politics, and society.
So for the UP Law, granted, you people are good at citing technicalities and loopholes. After all, you train your “products” (if you can call them as such) to WIN legal battles. But there is a big difference between legal triumphs and triumphs of the SPIRIT of The Law.
===========
Food for thoughts mga kabayans! 😀
benign0
February 28th, 2006 at 5:40 pm
“In Japan there are very few lawyers and the codes are mostly unwritten, but they are binding, nonetheless.”
– Greg Sheridan, *Asian Values Western Dreams*
MitaMS
March 1st, 2006 at 12:56 am
the sooner it’s lifted the better for all of us..it’s sad that we even got to this point.
DuckVader
March 1st, 2006 at 4:25 am
Benigno,
Do you know why there are few lawyers in Japan?
scud_1975
March 1st, 2006 at 2:21 pm
Sir, can i answer? (taas kamay) ..I think there are few lawyers in Japan coz many of them want to be engineers. Look where they are now.
birth right
March 1st, 2006 at 2:51 pm
Pag-isipan lang…. kung UP ang nagpoproduce ng mga crook na politician na nagpapahirap sa atin…. Isara na lang kaya ng UP. Hindi rin naman ito eskwelahan ng mga mahihirap, puro nakakotse ang mga estudyante! ISARA ANG CROOK SCHOOL NA UP…. teka, taga UP ako ah??? okey lang isara pa rin…. ang UP Law School wag yung Engineering!
Ginger
March 2nd, 2006 at 12:32 am
Can anyone answer ryebosco’s posting above? I’m curious. Personally, I think he’s right…but I’d like to see other people’s views on the subject.
Thanks.
Ginger
March 2nd, 2006 at 12:39 am
DuckVader,
Is it because the Japanese are law-abiding citizens?
Few law-breakers = few lawyers???
rio grande
March 2nd, 2006 at 12:28 pm
To Benigno,
Despite having gone to other schools, I would attribute my undergraduate years at UPD as the best foundation of my education. I was never part of a sorority or an “all girls” club…and that in the face of graft and corruption, nepotism, and other negative attributes dealing with many organizations…I have successfully stood my ground because of my idealism gathered from a few of my UP teachers and mentors. Looking back, it’s true that our alma mater has unfortunately produced some undesirable leaders of our country…but then, a school can only do so much. It can offer to educate the youth but a morally upright upbringing still falls on the family and on the person himself or herself. We are what we chose to be.
I am always proud to be a peyups….and I have always given much pride to my alma mater though I may not be as famous as Marcos or Aquino or Miriam Santiago….
Therefore, for whatever its worth…it’s but appropriate that UPD continues to stand for what is right and true…and continue promoting the ideals of a society to which all we aspire for! At the same time this is not to discount the heavier burden on the UPD faculty and administrators to be the best examples that they can be.
lokalokang matino
March 2nd, 2006 at 1:25 pm
In Japan, leaders have dont CHEAT, LIE, STEAL, They’re not arrogant,
When a leader commits mistakes due TO LAPSE IN JUDGEMENT, they RESIGN, others commit harakiri. Dito sa PILIPINAS, BUKONG-BUKO NA,
KAPIT TUKO PA RIN.
I know my statements will again draw flacks from the defenders and attack dogs of gloria, THE CHEAT EXECUTIVE.( I dont know if it’s their bread-and-butter). It’s either they’ll drive me away or call me names and a mob mentality.
Am just wondering why some people would go balistic whenever critics or any observer who speak contrary to thier views especially when commenting negatively to gloria macapagal arroyo. These people supposedly espouse good governance. You cannot be GOOD without knowing the BAD.
Now, speaking of gloria arroyo’s style of governance, I would say, IT IS ABSOLUTELY very 3rd world and backward. Where in the world does a supposed president, spend his/her time on PHOTO-OPS, (distributing instant noodle, planting rice, etchetera, etc. those are jobs of lower level government officials.)
Gloria Arroyo so demeaned the OFFICE OF THE PRESIDENT by calling a COMELEC OFFICIAL at the height of an election. She admmitted this in her I’M SORRY SPEECH” ( In Japan, RESIGNATION OR HARAKIRI would have followed). Ganoon sila ka-dignified and always have the very high regard to the OFFICE entrusted to them. Japan leaders dont bastardize their constitution, dont corrupt and politicise the military.
How can country move-on? When leaders elected or otherwise neglect to perform their sworn duties. If only leaders will focus their time, energy and intelligence, we will never be in situation like this, IN STATE OF EMERGENCY.( Are we?)
EO 464, PP 1017 and Department Order No.5, only purpose is to save gloria not the country. Because gloria is not the STATE. She is the distablilizer of the STATE. Not the critics, not the newsmen and the broadcasters.
Stop Na!!! you’ve pushed our back against wall, Dont pushed further!!!Because if the wall give in and crumbles, the wall hit you first hard and stiff. ( mob mentality ba ang dating? hehehe) Patalinghaga lang po yan.
penpenpen88
March 3rd, 2006 at 6:15 pm
PILIPINAS, BUKONG-BUKO NA,
KAPIT TUKO PA RIN.
— tama ka dyan.. hahaha.. lahat pwedeng lusotan.. lahat pwedeng gawing tama.. nasa tamang usapan lang yan.. nakakasawa.. tapos meron pa dyan.. mali na kinukunsinti daw.. lesser evil nga ba?? .. if u ask catholics evil is evil.. mali na dapat ituwid.. hindi kinukunsinti.. pinagpupunyagi pa.. i mean where fast becoming a nation of cheats.. high time we as a country learn to say no to corruption in all its facets and forms.. ika nga ni benigno.. e time to get real na nu…
bluemoon
March 7th, 2006 at 3:28 pm
What’s the Japanese word for “bukong-buko”? Are paid rallyists also in vogue in Japan? Are public officials in the habit of stepping down or committing harakiri on the basis of a bunch of wannabes yelling accusations without benefit of concrete proof?