UP law dean asks SC to use holistic means to resolve PP 1017

The dean of the University of the Philippines (UP) College of Law on Saturday urged the Supreme Court (SC) to employ a holistic approach in resolving the issue of President Gloria Macapagal-Arroyo’s declaration of a state of national emergency. Salvador Carlota, UP College of Law dean, in a news conference in Quezon City asked the justices not to segregate Proclamation 1017 from General Order No 5 and the acts committed by the law enforcers in compliance of the order. He expressed apprehension that the justices will adopt the same ruling the high tribunal issued in the Sanlakas vs Reyes case on February 3, 2004. The SC in its en banc decision dismissed the case filed by Sanlakas, Partido ng Masa, congressmen and senators against then executive secretary Alberto Romulo, defense secretary Angelo Reyes, among others, saying there is nothing illegal with the proclamation The decision stated: “The petitions do not cite a specific instance where the President has attempted to or has exercised powers beyond her powers as Chief Executive or as Commander-in-Chief." “The President, in declaring a state of rebellion and in calling out the armed forces, was merely exercising a wedding of her Chief Executive and Commander-in-Chief powers. These are purely executive powers, vested on the President by Sections 1 and 18, Article VII, as opposed to the delegated legislative powers contemplated by Section 23 (2), Article VI," the decision further read. Carlota said textually speaking there is nothing illegal with the proclamation but a holistic evaluation on the actions of the police who claimed they were only following General Order No 5 would trace back to the declaration of the President. “They (justices) should not just analyze the text but take into consideration the acts of the police and General Order No. 5 … they will see the connection (between the acts and the proclamation) … they should adopt a holistic approach," he said. He further said that state of rebellion and state of national emergency are both not provided under the Constitution as the President can call the AFP to suppress law violators even without the said declarations. Chief presidential legal counsel Eduardo Antonio Nachura on Friday said Malacaňang would ask the SC to dismiss all petitions questioning the legality of Presidential Proclamation 1017. Nachura said the lifting of the national state of emergency by President Arroyo on Friday made all petitions moot. Ismael Khan, SC spokesman, on Friday said the oral arguments scheduled by the SC on the petitions questioning the legality of Proclamation 1017 would push through next week even after President Arroyo recalled the order. He said seven petitions filed by various respondents, among them the group of UP professor Randy David and the Daily Tribune, have been consolidated and scheduled for oral arguments Tuesday at 1 p.m. Khan said he could not confirm if the justices would issue a full ruling on the petitions or declare it moot because of Mrs. Arroyo’s lifting of the proclamation.-GMANews.TV