State of emergency just a warning

Proclamation No. 1017, declaring a state of national emergency starting February 24, 2006, has produced many lawyers among us. In Manila, there are endless talks about its legal ramifications. But in truth, it is just a warning.

For instance, according to my friend Law Dean Antonio Tupaz (he is the lawyer of Mr. Hilario Davide), it does not suspend the writ of habeas corpus. Meaning, that the police cannot arrest you without a valid warrant of arrest, or if you are arrested, you have recourse to due process.

You remember, former President Ferdinand E. Marcos suspended the writ of habeas corpus in 1971 as a reaction to the massive demonstrations of students against his rule. About 63 student leaders were charged under that suspension.

Proclamation 1017 cannot, by any stretch of imagination, be martial law. When FM declared Proc. 1081 on September 21, 1972, he abolished Congress and closed the newspapers on the first day of the martial law effectivity. FM acted as the legislature.

We got a copy of GMA's proclamation and we noted the following:

One is that the preamble of the proclamation is somewhat similar to the first paragraph of Marcos' 1081. FM talked about the conspiracy of the Rightists, defined as the oligarchs, and the Leftists as the New People's Army. Today, GMA refers to Left (CPP-NPA) and the Rightists (military adventurists).

In a sense, not much has changed since 1971. The only difference is the military rebels, a new brand of opposition, which came about in the putsch against former president Marcos.

The second notable point is that the president is simply calling on the armed forces and the police to suppress the rebellion. Is there anything extraordinary about that? Of course none. Calling upon the armed forces and the police is a routine duty of the president. With or without 1017, it is the duty of the authorities to suppress lawless elements.

If Proc. 1017 appears to be unnecessary, why did the president impose it? In our confusion, we asked Secretary Ricardo Saludo who was our guest at the Kapihan sa Sulo on Saturday. He simply said the president wants to stress the seriousness of the situation by issuing a proclamation. Kailangang idiin na may problema ang bayan!

Of course, the proclamation is not really without its power. A number of the people have been arrested, the likes of labor leader Crispin Beltran who is also a sectoral solon. The Tribune, and opposition paper edited by Ninez Cacho Olivares, has been raided. If you ask the Palace, what are all these, they will simply say that these are the police and armed forces reaction to the proclamation.

Justice Secretary Raul Gonzales says the proclamation contains some residual powers that the president has not yet exercised. As the situation develops and as the need arises, the president will use them. It will depend on her judgment, Gonzales said.

This time, FVR an outsider

When ten cabinet members of the GMA government resigned in July last year, the GMA government met a serious political crisis. Former president Corazon Aquino called on the president to resign, so did Senate President Franklin Drilon. Many thought that the government would fall.

This was when former president Fidel V. Ramos came to the rescue. Coming from Tagaytay City where he was playing golf, he went straight to Malacañang to lend support to the government. Right then and there, he called for a press conference and declared his support for the beaming President Arroyo.

After the conference, FVR and GMA went to the Sulo Hotel in Quezon City where they met with the members of the Lakas who were then holding an annual meeting. The defeat of the opposition was sealed when the Catholic Bishop's Conference the following day announced the following day that it was not calling on the president to resign.

But today, the story is different. When the president mulled and finally decided to issue Proclamation 1017 which placed the whole country in an emergency, FVR was nowhere to be found. It was said that Executive Secretary Eduardo Ermita was dispatched by GMA to convince the former president to support GMA's plan. But FVR did not support 1017.

Calling a press conference on Saturday, FVR says her support for GMA is "waning and waning." But to some insiders in the Palace, they come to expect that FVR position. After all, these insiders say, they already have differences with FVR on the charter change controversy.

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BRIEF NOTES. Samahang Plaridel and the National Press Club will issue their statements on the present emergency law today, Monday. Manong Max, the president of Plaridel, will preside our meeting ... We are worried about the many reporters and production men of Tribune who are out of jobs now.