SC to tackle legality of Proclamation 1017 on Tuesday

Chief Justice Artemio Panganiban said petitions questioning the constitutionality of Proclamation 1017 would be taken up during the Supreme Court en banc session on Tuesday. Panganiban said there is an urgent need to resolve the issue as he noted growing opposition to the proclamation, GMA 7's DZBB reported. President Arroyo’s order, which placed the nation under a state of national emergency, was issued on Friday following the military's exposé of an alleged "conspiracy" among communist groups, military adventurists and the political opposition to overthrow the government. Two groups on Monday asked the SC to declare as unconstitutional Proclamation 1017 as well as its implementing guidelines, General Order No. 5. The petitioners also asked the court to issue a temporary restraining order (TRO) against the continued implementation of the proclamation. A motion for certiorari was filed by the group of University of the Philippines (UP) professor Randy David, Rep. Lorenzo Tañada III (4D, Quezon), lawyer Herminio Roque, Akbayan national president Ronaldo Llamas and five other lawyers. The other petition was filed by the Alternative Law Groups Inc. (ALGI), which is a coalition of 17 lawyers’ groups. Named respondents in the two petitions were President Arroyo in her capacity as Commander-in-Chief of the Armed Forces of the Philippines, Executive Secretary Eduardo Ermita, Defense Secretary Avelino Cruz II, AFP Chief of Staff Gen. Generoso Senga and National Police Director Gen. Arturo Lomibao. The petitioners claimed that the proclamation was issued as "a subterfuge to avoid the constitutional requirements for the imposition of Martial Law or suspension of the privilege of the writ of habeas corpus, as well as avoid congressional scrutiny into the President's exercise of martial law powers."-GMANews.TV with reports from inq7.net