MAKIBAKA!!! HUWAG MATAKOT!!!

On Wednesday, March 1, 2006, the National Affairs Committe invites all students to a peaceful, silent protest in front of the UP College of Law at 6pm. For one hour, we will stand united, with our mouths taped, to assert our rights to peaceably assemble. Please spread to all students.

EDSA

Attaching a link I found to be very helpful:
http://flagfaqs.blogspot.com/2006/02/show-us-edsa_114100355789706221.html

HOCUS-POCUS

Dear fellow UP law students... I am completely lost in the wilderness. Can someone please explain to me what's happening?!? Today, General Miranda asked to be relieved from his position as Commandant of the Philippine Marines for, as of the time of this writing, unexplained reasons. He was forthwith replaced by Brigade General Allaga. As is expected, all hell broke loose. Opportunists immediately seized the situation: (1) Col. Querubin calls the media to state on nationwide television that Gen. Miranda's request to be relieved is by virtue of the latter's desire to join those who oppose GMA's administration. Querubin likens his (Miranda's) situation to that of General Danny Lim formerly of the Scout Rangers who was placed under the custody of the Chief-of-Staff (Gen. Senga), for wanting to join the rally last friday and for breaking the military chain-of-command; and (2) Randy David (a regent of the University of the Philippines), arrested last friday allegedly pursuant to Proclamation No. 1017 after trying to negotiate with the police to allow him and the other rallyists in Santolan to peaceably disperse but was nonetheless released by virtue of the fiscal's determination that evidence against him was insufficient to try him for the crime of inciting to sedition, may have now given that fiscal sufficient evidence to warrant his trial for the same felony by going to U.P. and urging the student's therein to rally and call for the nullification of Proclamation No. 1017 and the stepping down of GMA from the presidency.

I totally disagree with Proclamation No. 1017. I totally disagree with the prohibition of rallies, etc. which effectively curtails the citizen's fundamental rights of peaceable assembly and free speech. But now I am confused as to whether or not agree to what had just transpired. Are we that desperate so as to fuss about Gen. Miranda's relief request? Does the same merit classes being called-off again this Monday? Maybe. Maybe not.

I guess... desperate times call for desperate measures.

My father, an activist during the Marcos regime who fought alongside the likes of Edgar Jopson (until EDJOP joined the communist movement), made me think twice about this whole affair. Three things he pointed out: (1) The presence of the Left. Why in the world do they want to celebrate the first People Power when they weren't even there way back 1986? Why weren't they there, you ask? Because they thought it was going to be a flop. They never believed in a bloodless revolt. It's hard to imagine them changing that belief now specially when you're getting text messages left and right as I am at the moment warning civilians to keep away from cell sites and government buildings because a series of bombings may happen starting midnight tonight allegedly as part of the plan to change the corrupt system of the government. My dad never forgave Cory Aquino for freeing Joma Sison. Yes, her administration was "too" anti-Marcos to the point of ludicrousness (which made me think, what good did Cory's administration do to our country aside from deposing an aging and incompetent dictator?); (2) Bitter political and personal foes joining the fray and fighting alongside one another (ex. Cory and the Marcoses [including those known to be associated with the late, former dictator]); (3) The overall cast of characters. When we deposed of a liquor-glugging, womanizing, gambler of a president, we hated the guts of some of the people on his side who now take the lead role and whom we now, whether we like it or not, side with in our opposition of GMA's actions.

Hmmm...

FOR YOUR INFORMATION

Friday, February 24, 2006 – We awoke to the news that CHED had suspended classes on all levels, public and private, for the day. The jubilation most of us felt from the announcement, however, dampened quickly. Why? CHED’s reason for the suspension - President GMA’s declaration of a State of Emergency thru the now infamous Proclamation No. 1017, the gist of which is as follows:

§ Allegedly, certain elements from the opposition, the Left and military adventurists constituting the extreme Right had formed an alliance with the hackneyed objective of overthrowing not only the present administration but of democracy as well.
§ Allegedly, their actions as well as the media’s rash exaggeration of their claims have contributed to the hindrance of the country’s economic growth as well as to the sabotaging of the citizenry’s faith in the government which, taken as a whole, constitute a clear and present danger to the safety of the State and of the people.
§ Thus, pursuant to the pertinent provisions of the 1987 Constitution, GMA declares a State of Emergency (Article XII, section 17), calls out the Armed Forces to take matters concerning peace and order into their hands upon her bidding (Article VII, section 18), all in line with the primary governmental duty of defending and preserving the democratic institutions and the State (Article II, section 4).

In other words, last Friday, February 24, 2006, we awoke to a day of infamy and irony as we commemorated the 20th anniversary of democracy’s victory by its curtailment.

A second look at Proclamation No. 1017, the circumstances surrounding it and the cited provisions of the 1987 Constitution will show the impropriety of the President’s actions.

Thru Proclamation No. 1017, GMA had bestowed unto herself the power to make decrees and orders similar to those Marcos used to legislate to bequeath upon his person unbridled law-making powers. Thus, Proclamation No. 1017 is clearly tainted with utmost capriciousness in addition to being devoid of defined standards or guidelines. Furthermore, it does not delineate the extent of the declared emergency.

Significantly, the President had already declared in a public statement that the situation is in control and that whatever threat existed had already been suppressed and nipped at the bud. If that is the case then there is no real need for promulgating Proclamation No. 1017. In this light, not only is Proclamation No. 1017 capricious but it is also devoid of basis.

A State of Emergency is a governmental declaration that suspends particular functions of government, which may work to alert citizens to change their normal behaviors or order certain agencies to come up with emergency preparedness plans. In the Philippine context, unlike in States which equate it with Martial Law, it is a unique concept under Article XII, section 17 of the present constitution. The provision deals with a situation of an economy-related National Emergency for it confers upon the President under reasonable terms extraordinary economic powers, specifically to “temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.” It does not give her the license to call out the armed forces to take matters into their hands. The proper platform for such action is the declaration of a State of Rebellion or Invasion.

Finally, Article VII, section 18 (the commander-in-chief provision) gives the president the authority to:
§ call out the armed forces to prevent or suppress lawless violence, invasion or rebellion,
§ suspend the privilege of the writ of habeas corpus, and
§ place the country or any part thereof under Martial Law.

Such powers are granted only in specified conditions and that is when there exists lawless violence, invasion or rebellion. The mere alleged alliance between the opposition, the Left and the Right to overthrow GMA’s administration cannot be clearly considered as falling under any of the three specific conditions.

In conclusion, though one cannot help but fear the possibility of GMA using Proclamation No. 1017 as a stepping stone for the eventual declaration of a State of Rebellion subsequently followed by the suspension of the privilege of the writ of habeas corpus and the declaration of Martial Law, one too must be mindful that our present Constitution is not without adequate safeguards when that possibility is realized. Though it may be argued that the actual calling out of the armed forces is not subject to judicial review since the president is authorized to do so “whenever it is necessary” and that its factual necessity is something for the president to decide (Integrated Bar of the Philippines v. Zamora, GR No. 141284, 08/15/2000), an action to suspend the privilege of the writ of habeas corpus and the power to impose Martial Law are subject to:

§ a time limit of sixty (60) days;
§ review and possible revocation by Congress; and
§ review of the sufficiency of its factual basis and its possible nullification of the Supreme Court upon the filing of a suit by any citizen in an appropriate proceeding.

Furthermore, Martial Law and the suspension of the privilege of the writ of habeas corpus may be declared depending on the existence of two factual bases:

§ the existence of ACTUAL invasion or rebellion, and
§ the requirements of public safety.

Lastly and most importantly, a state of Martial Law does not suspend the operation of the Constitution.

from:http://flagfaqs.blogspot.com/2006/02/proclamation-no-1017.html
(Suggest you go to tedte.blogspot.com, one of my favorite blogs)

Proclamation No. 1017

MALACANANG PALACE

MANILA

PROCLAMATION NO. 1017

PROCLAMATION DECLARING A STATE OF NATIONAL EMERGENCY

WHEREAS, over these past months, elements in the political opposition have conspired with authoritarians of the extreme Left represented by the NDF-CPP-NPA, and the extreme Right, represented by military adventurists—the historical enemies of the democratic Philippine State—who are now in a 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;

WHEREAS, these conspirators have repeatedly tried to bring down the President;

WHEREAS, the claims of these elements have been recklessly magnified by certain segments of the national media;

WHEREAS, this series of actions is hurting the Philippine State—by obstructing governance including hindering the growth of the economy and sabotaging the people’s confidence in government and their faith in the future of this country;

WHEREAS, these actions are adversely affecting the economy;

WHEREAS, these activities give totalitarian forces of both the extreme Left and extreme Rights the opening to intensify their avowed aims to bring down the democratic Philippine State;

WHEREAS, Article 2, Section 4 of our Constitution makes the defense and preservation of the democratic institutions and the State the primary duty of Government;

WHEREAS, the activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrity of the Philippine State and of the Filipino people;

NOW, THEREFORE, I, Gloria Macapagal-Arroyo, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines, by virtue of the powers vested in me by Section 18, Article 7 of the Philippine Constitution which states that: “The President … whenever it becomes necessary … may call out (the) armed forces to prevent or suppress … rebellion …,” and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction, and as provided in Section 17, Article 12 of the Constitution do hereby declare a State of National Emergency.

IN WITNESS HEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 24th of February in the year of Our Lord, two thousand and six.

GLORIA MACAPAGAL ARROYO

Just last wednesday there was a forum held in room 200 about the EDSA revolution, with Sen. Jovito Salonga as the guest speaker. Prof. Leonen and Prof. Te were also speakers, along with the Dean.

One of the questions asked during the open forum is a question that everybody should be asking right now. Paraphrased,

" Is there any similarity between the events leading up to the declaration of Martial Law and the subsequent EDSA People Power Revolution?"

As a follow up to the question, another asked, again paraphrased:

"Would these events be enough to push for another EDSA revolution?"

In the wake of Proclamation 1017, where President Arroyo, through Secretary Bunye, declared that she had placed the nation in a "State of Emergency" (after yet another reported coup attempt), with the arrest of UP Professor Randy David and his activist lawyer, with the veiled warnings issued about warrantless arrests, dispersals of rallies, the revocation of previously issued rally permits, the implementation of the "No Permit, No Rally" policy, and the cancellation of the events -low key , nondescript even, as they already were- that would celebrate the 20th anniversary of the EDSA Revolution, with our fellow students and members of the PVO at Camp Caringal in hopes that they may be of help those in need of legal assistance, i suggest this.

Take a break from gimmick planning, take a break from the studying, listen to the radio and watch television. Listen to and Watch the NEWS. Then, ask those two questions.

I know what my answer, my gut feeling is. What's yours gonna be?

Aren't ya scared yet?

TRAGEDY

It seems as if the Philippines is perpetually doomed to suffer catastrophes of all sorts on a yearly basis. The Leyte Landslide has our country again in headlines around the world. Ever stopped to think why these things have to happen? Reasons ranging from illegal logging to the bad location of the village have been put to the fore. Regardless of the cause thereof however, we more fortunate individuals have been given another reason... a new opportunity... to do our DUTY of reaching out to those in need of our help. All throughout this month and the next, we will be conducting a "White Paper Drive" at the Student Lounge. Please bring all your old photocopies of cases, articles and what not to the student lounge and look either for Chicco Castro, Bj de los Santos or Aman Enconado. We also welcome donations in the form of clothes, food, canned goods, medicine, etc. Proceeds of the "White Paper Drive" as well as the other donations will be given to the Philippine Red Cross. Please do extend your much needed support. Thank you for your kindness.