Lawyers’ groups urge Supreme Court to rule on 1017

DENOUNCING what it called the government’s “continuing suppression of civil liberties” even after the lifting of the state of emergency, lawyers’ groups urged the Supreme Court to speed up its resolution of cases questioning the constitutionality of Proclamation 1017 and acts carried out under two General Orders that implemented it.

Fr. Joaquin Bernas, a noted constitutional expert, said in a forum Thursday that the Supreme Court, often expected to come to the defense of civil liberties, can instead be a “legitimizer” of the acts being carried out by the government against its perceived “enemies.” The court thus needs to resolve the issues surrounding Proclamation 1017, he said. Bernas spoke in a forum organized by the Concerned Lawyers for Civil Liberties, a broad coalition of lawyers’ groups in the country.

“The Supreme Court can be a legitimizer of what’s going on,” Bernas said, “Actions that are not decided on are deemed to be (and continues to be) valid; that’s the presumption.” Bernas said that during the period of martial law, the Supreme Court issued decisions that legitimized the actions of the Marcos government, acts that would later be disowned by the 1987 Constitution. “I’m hoping that this will not happen under the present Supreme Court,” Bernas added.

The Supreme Court issued a statement yesterday, assuring the public that it has put on a fast-track all the high-profile cases involving constitutional questions, particularly Proclamation 1017.

“There is no question that the Court considers the issues involved as exceedingly urgent dealing as they do with constitutional questions of transcendental importance,” Assistant court administrator Ismael Khan Jr. said. The parties are expected to submit on March 22 their respective memoranda following the oral arguments which ended March 7. The cases, seven in all, will then be considered submitted for resolution.

Retired Supreme Court Justice Vicente Mendoza had earlier said that Proclamation 1017, unless the Supreme Court rules against it, may create a situation for warrantless arrests. In a paper submitted to organizers of Thursday’s forum, Mendoza repeated his arguments, saying the following acts are justified only if martial law is imposed or the privilege of the writ of habeas corpus is suspended, and not under Proclamation 1017:

1. Arrests, searches, and seizures without judicial warrants;
2. Ban on public assemblies and imposition of curfews; and
3. Takeover of news media and agencies and press censorship.

“Proclamation 1017 is not a declaration of martial law or suspension of the privilege of the writ of habeas corpus. As such, it cannot be used to justify the acts that only under a valid declaration of martial law can be done,” Mendoza said in a statement. (Read Mendoza’s paper here.)

The Concerned Lawyers for Civil Liberties also said, “Two weeks after the supposed lifting of the state of emergency, we have seen the government’s unrelenting attacks on human rights. Proclamation 1017 proves to be a mere manifestation of a larger pattern of repressive policies that began even before its issuance.”

The lawyers referred to the government’s crackdown against members of the political opposition through warrantless arrests and arbitrary detentions, and threats to media, as well as groups “expressing legitimate dissent against the government.”

Under Proclamation 1017, President Gloria Macapagal-Arroyo ordered the military and the police to “maintain law and order, prevent or suppress all forms of lawless violence as well as any act of insurrection or rebellion.” Issuing the proclamation, the president said the government was under threat from a “conspiracy” between elements of the political opposition, the extreme Left, represented by the National Democratic Front-Communist Party of the Philippines-New People’s Army, and military adventurists.

Following its issuance, police arrested ralliers marching to the People Power Monument on February 24, among them University of the Philippines professor and Inquirer columnist Randy David. On the eve of February 25, after a stern warning from Arroyo that media should not publish rumors and baseless information, police raided the office of the Daily Tribune, an opposition newspaper, without a search warrant. On the same day, Anakpawis Rep. Crispin Beltran was arrested, without a warrant, for a 21-year-old case of inciting to rebellion. Two days after, the police came up with a list of 59 individuals, among them Beltran and other members of leftist party-list groups, including Satur Ocampo, Teddy Casino, Joel Virador of Bayan Muna, Liza Maza of Gabriela, and Rafael Mariano of Anakpawis, all said to be guilty of rebellion and insurrection “committed on February 24, 2006.”

Authorities continue to detain Beltran, despite the Makati Regional Trial Court’s order for his release.

Neri Colmenares, spokesperson of the Counsels for the Defense of Civil Liberties, said the Executive’s refusal to implement the Makati court’s order was based on Press Secretary Ignacio Bunye’s declaration that it was “based on the wrong premise.”

The other five congressmen, now called the “Batasan Five,” have not left the premises of the House of Representatives to avoid illegal arrest. In a press conference yesterday, the Batasan Five announced they want the Department of Justice to be inhibited from the preliminary investigation on rebellion charges filed against them. They said they find the DOJ to be highly partial and prejudiced.

The Batasan Five said they decided to file a petition after Justice Secretary Raul Gonzales said the government will put up a “rogue’s gallery” of 16 suspected coup plotters, including former Senator Gringo Honasan. The five congressmen said they strongly believe that they would be included in the rogue’s gallery, in violation of their rights.

Colmenares said putting up a rogue’s gallery, which depicts the Wild West era of guns and lawlessness, violates a person’s right to privacy and the right to be presumed innocent until proven guilty. “This witchhunt is generally directed against political dissenters of President Arroyo,” Colmenares said.

Aside from the “Wanted” list of suspected coup plotters and the list of leftist personalities and renegade soldiers supposedly in a tactical alliance to unseat the president, DOJ said it has another list of other people “who may be investigated in connection with the plot” to overthrow the government.

Gonzales refused to name the people on the list but confirmed that five PCIJ journalists are being monitored for posting the “Hello, Garci” tapes on its blog and articles which, according to him, are seditious. Yesterday, Gonzales accused the PCIJ of violating the Anti-Wiretapping law for selling CDs of the wiretapped conversations. The tapes however can be easily downloaded from the PCIJ blog for free.

In Thursday’s forum, when asked if he considers the articles in the PCIJ blog to be seditious, Bernas said the “clear and present danger rule” must be the test when claims of national security and public safety are asserted. “These articles (must be) so powerful that there is imminent danger that people will actually rise and revolt; it takes very persuasive force to be able to incite to sedition,” Bernas said.

On accusations that PCIJ has violated the the anti-wiretapping law, Bernas said: “The offended party is the one who complains of violation of privacy. So if the government’s privacy has not been violated, then it has no reason to complain.”

Below is the full statement of the Concerned Lawyers for Civil Liberties:

We denounce the government’s continuing suppression of civil liberties and other constitutionally protected rights!

Two weeks after the supposed lifting of the state of emergency, we have seen the government’s unrelenting attacks on human rights. Proclamation 1017 proves to be a mere manifestation of a larger pattern of repressive policies that began even before its issuance.

In violation of press freedom, executive officials continue to threaten members of the mediad with the possibility of take-over or cancellation of franchise, and the filing of charges against publishers, editors, writers, and reporters. Curtailing freedom of expression and assembly, police officers continue the harassment, violent dispersals, and arrests of ralliers. In violation of the people’s right to information, executive officials continue to avoid congressional scrutiny through Executive Order No. 464.

Transgressing constitutional rights, the government continues to harass members of the political opposition. Rep. Crispin Beltran was arrested through an old warrant issued in 1985, and remains detained despite an order of release from a court. Five other legislators are virtually held hostage in the premises of the House of Representatives with threats of warrantless arrests should they go out of the House compound. Police officers arrested Rep. Risa Hontiveros without warrant and in utter disregard of her parliamentary immunity.

This policy of repression has spread throughout the country, violating constitutional rights of ordinary citizens who are most vulnerable to abuses of governmental powers. Warrantless arrests and arbitrary detentions continue to be perpetrated by police and military officers who are emboldened by the executive’s repressive policy against its critics.

We condemn the continuing attack on people and groups expressing legitimate dissent against the government of Pres. Gloria Macapagal-Arroyo. We demand an immediate stop to all government policies that violate civil liberties and suppress the people’s legitimate exercise of their rights. We demand full respect for constitutionality guaranteed civil liberties and freedoms.

We commit to pursue all necessary actions to hold accountable government officials who violate citizen’s fundamental liberties. We have launched a nationwide information campaign to educate citizens on their rights under the constitution, and their remedies for violations of these rights. We urge all members of the legal profession to join this endeavor.

Justice cannot co-exist with repressive policies. Uphold civil liberties!