GMA: STATE OF EMERGENCY TO FIGHT "CLEAR AND
PRESENT DANGER"
MANILA, February 25,
2006
(MALAYA) PRESIDENT Arroyo yesterday
declared a state of national emergency in order to fight what she said is a
"clear and present danger" posed by a tactical alliance among the political
opposition, extreme Left and extreme Right as represented by military
adventurists.
In Proclamation No. 1017, Arroyo said a "systematic conspiracy" by members of the opposition, communist groups and "military adventurists" is out to bring down her government.
(Text of proclamation below)
She called on the Armed Forces to "prevent or suppress all forms of lawless violence as well as 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."
She said the sentiments of her enemies have been "recklessly magnified by certain segments of the national media."
She said the activities of these groups have been hurting the economy and the State and these should be prevented from intensifying.
Arroyo, in her nationwide address, said the plan to establish a regime outside the Constitution has been thwarted.
She said military officials and civilians who were part of the plot would be arrested, including their financiers and political supporters.
"Ito naman ang babala ko sa mga nagbabalak laban sa bayan. Babagsak sa inyong pagtataksil ang buong bigat ng batas. Ipinahahamak ninyo ang mahihirap sa inyong paghatak ng bansa palayo sa ating nararapat na antas sa daigdig bilang kuta ng pagkakaisa, pagsasakripisyo, pagmamalasakit at kahusayan sa mundo. Kinakalas din ninyo ang ekonomiya sa kanyang mga tumatatag na saligan," she said.
She said military officials down to the battalion level are supportive of the chain of command. "As commander-in-chief, I am in control of the situation," she said.
She said she will leave it to the heads of the Armed Forces and PNP to conduct the "necessary actions" and to report developments to the media.
She said Foreign Affairs Secretary Alberto Romulo will report to the ambassadors.
She said the Cabinet supports her decision and will continue to provide public service despite the security situation. She called on local governments to continue giving service to the people.
She called for calm and asked the media to report the events "based on their duties to the country."
Arroyo also issued General Order No. 5 where she called upon the Armed Forces and PNP to "prevent and suppress acts of terrorism and lawless violence in the country."
Presidential chief of staff Michael Defensor said the scope of the state of national emergency includes warrantless arrests, prohibition of rallies, revocation of rally permits and possible takeover of utilities and media facilities.
He said the state of emergency will be effective "until needed."
Chief presidential legal counsel Eduardo Nachura said there is no need for congressional concurrence for the proclamation since it is "simply a declaration of a state of fact" in the country.
He assured that is no need to worry about human rights violations because warrantless arrests are confined to the rules of court and for use in cases of continuing offenses.
He said takeover of utilities and media facilities, a power under the Constitution, would be used based on "actual conditions" and will not be unnecessarily exercised. "Government is only more alert now…There is no need to fear the takeover unless government interests require it," he added.
Justice Secretary Raul Gonzalez said the declaration of a state of national emergency "doesn’t mean she (Arroyo) will use it immediately" because it is based on her judgment call.
Gonzalez said political rallies will be dispersed.
"If I am given the free hand, I will arrest them for inciting to sedition," he said.
Nachura said the segment in the proclamation about recklessness by media in magnifying the statements of the "other camp" was just the "perception of the Office of the President."
Defensor said video clips showing the formation of the PSG, use of the media to further vested political interests, and airing statements of anonymous callers are inimical to national security. "May karapatan ang government na manghimasok."
Gonzalez said the proclamation has been "re-drafted" and is "a product of several minds, although the working draft is from me."
Asked for proof of the conspiracy among the opposition, the Leftists and the Rightists, he said: "We will offer proof at the proper time. This is not the time for proving…You are not the court."
On whether Malacañang expects the public to swallow its statements hook, line and sinker, he said: "Why not? You are not the public."
He said media was reckless "based on our own observation…and judgment call" where there are inclinations and biases of media or of certain sectors in media.
Press Secretary Ignacio Bunye said it is a "good suggestion" to issue guidelines to media entities on what they should not do in order not to be closed down. He said the freedoms of expression and of assembly are not absolute.
Defensor confirmed the OPS advisory that media persons will be allowed in the Palace premises only until 6 p.m. "Kapag nagdilim, delikado ang situation," he said.
He said there are indications that former President Joseph Estrada is supporting the plot.
He said the financiers of the plot cannot be revealed yet because they are still being monitored. "Hindi na rin namin sila mahanap," he added.
DFA Secretary Romulo explained to the international community that President Arroyo declared a state of national emergency pursuant to Article 2, Section 4 of the Constitution, which states that "the prime duty of the government is to serve and protect the people."
"I said to them a national emergency is taking place because of convergence of two forces who would like to use violence to overthrow the government," Romulo said.
The briefing was attended 53 embassies and six international organizations. Almost all of the attendees were chiefs of missions.
The US Embassy said it is monitoring the situation in the Philippines "very closely."
It added that it has issued a message to its citizens in the Philippines to "take prudent steps to ensure their personal safety during this uncertain time."
Cardinal-elect Manila Archbishop Gaudencio Rosales could not hide his concern.
"Hindi magandang tanawin pag ang pamahalaan ay nagdeklara ng state of emergency. Bakit? Una, may panganib. Ikalawa, malaki ang tukso na alin mang panig na nagtutuligsaan ay matukso na gumamit ng dahas," Rosales said.
"Hindi yata tama ito. Napapalayo tayo sa tunay na diwa ng Edsa 1. Yung Edsa 1 nung 1986, kaya ito tanyag sa buong daigidig, ito ay naging modelo ng ibang bansa ay sapagkat walang gumamit ng dahas. Napapalayo tayo sa ating pupuntahan. Wala na tayong natatanaw," he added.
Rosales urged all parties to sit down and talk things over.
Rosales said he finds it "embarrassing" that the people, especially the country’s leaders, are divided and throwing accusations at each other.
"Hindi maaring katulad ng isang pamilya na girian ng girian, at sa bahay kapag hindi hinaharap ang problema nagkakaroon ng basagan ng pinggan. Huwag sanang ganon, konting lamig para sa mga Pilipino, magkaisa tayo."
The United Opposition chaired by Makati Mayor Jejomar Binay, in a statement, condemned the proclamation.
"It is most tragic that on the day the Filipino people freed themselves from a dictatorship twenty years ago, a new dictatorship has fastened itself upon the nation, by proclaiming a state of emergency.
"By this President Gloria Macapagal Arroyo obviously hoped to arrest the rising wave of protest against her legally questionable presidency.
"It will do no such thing. It will only further destroy the Constitution, and stoke the anger and resentment consuming all sectors of the society.
"We condemn in the strongest terms this blatant attempt to silence all political dissent and institute a new dictatorship. We call on all friendly democratic governments and political parties to join us in condemning this unwarranted proclamation of emergency.
"The nationwide protest against the Arroyo regime is a battered people’s response to the evils personified by those who have usurped and corrupt public authority.
"The only way to extinguish or dissipate the protest is to root out its immediate cause.
"Most Filipinos are convinced Mrs. Arroyo’s continued stay in office, without a unifying constitutional mandate or a modicum of moral authority, is the immediate cause.
"She must remove herself now, or else be removed."
Senate minority leader Aquilino Pimentel Jr. said he would ask for the emergency convening of the Senate "to challenge the latest Gloria assault on civil liberties of our people."
"Now is the time for all freedom-loving citizens to end Gloria’s running amuck with our democratic values," he said.
Senate President Franklin Drilon warned Arroyo against exercising extra powers to curtail civil liberties.
"A state of emergency does not provide the President extra powers other than probably in relation to vital industries. Specifically a state of national emergency does not give the President the power to suspend the privilege of the writ of habeas corpus, it is not a martial law power… there can be no warrantless arrest unless a crime is being committed in the presence of a law officer," Drilon said.
"We feel that it is uncalled for… Mukhang overkill and bordering on paranoia," said Sen. Ramon Magsaysay Jr.
"It’s the moment of truth whether the people would support the administration or not… I would not support her declaration of state of emergency," he said.
Sen. Luisa Ejercito Estrada and her son Sen. Jinggoy warned that the declaration could result in the establishment of a de facto-dictatorship.
"The declaration of the state of emergency is proof of the administration’s previous plan to curtail the freedom to protest and silence the opposition calling for the ouster of Mrs. Arroyo," Jinggoy said.
"The country is now under a de facto martial law and the rights of the people may be suspended," he said.
Sen. Rodolfo Biazon said he is not aware if (Proclamation) 1017 is a declaration of martial law. "We do not know that. Is it simply using or invoking her powers to call out the armed services to address the present situation in the country?" he asked.
He maintained the President is the cause of division in the country.
"The division continues to deepen and it seems that this division is creeping into the AFP," he said.
Majority leader Francis Pangilinan said Malacañang needs to distinguish between enemies of the state and citizens merely expressing their constitutionally guaranteed rights.
"If it fails to do so, then its proclamation is nothing but a license for wholesale human rights violations," he said.
President Joseph Estrada, in a statement, said it is unfortunate that Arroyo’s action will further alienate herself and her administration from the people.
"The violent dispersal of peaceful demonstrations and assemblies even for the purpose of commemorating the anniversary of Edsa People Power, and the warrantless arrest being implemented upon the instruction of the President, indicate the real intention of Proclamation 1017. The proclamation is no different from Martial Law," he said.
He said a government that is afraid of its own people has lost the right to govern.
"Without this right, that government will always view as a threat the people’s exercise of the rights to peaceful assembly and free speech," he said.
Estrada called on the people to continue to put their trust in God and to keep their faith on the goodness of the Filipinos.
"Maraming tao ang nagsakripisyo at nagbuwis ng buhay para mabawi ang ating demokrasya. Huwag nating hayaan na mawala ito," he said.
House minority leader Francis Escudero said the President tried to hide the declaration of martial law by using the state of national emergency as a veil.
"This (state of national emergency) is the same as martial law given their statement on warrantless arrest, takeover of utilities and absolute prohibition of rallies," he said.
Rep. Gilbert Remulla (NP, Cavite), said Arroyo "refuses to read the writing on the wall."
Remulla said the President should now realize that "the longer she refuses to relinquish power, the longer instability will reign in the country."
Rep. Roilo Golez (Ind., Parañaque) said the declaration of a state of emergency is already an "acceptance by Malacañang that they are in trouble."
"It could result in more political hemorrhage and security risk. It is now up to the people to react to protect their rights and liberties."
Some analysts said the Arroyo government plays up coup threats to ward off would-be plotters and win public sympathy.
"The government is overreacting," said Earl Parreno of the Institute of Political and Electoral Reform.
Benito Lim, a political science professor at the University of the Philippines, said Arroyo’s order was reminiscent of the justification that Ferdinand Marcos used to proclaim martial law in 1972.
"It could unify the opposition," he said. "Some of the military officers might even defect to the opposition."
In a statement on its Internet blog, the Free Legal Assistance Group chaired by Jose Manuel Diokno said neither invasion nor rebellion occurred yesterday could justify Arroyo’s Proclamation 1017.
"Not one of these grounds exists. A so-called ‘conspiracy to bring down’ Gloria Macapagal-Arroyo-Arroyo is not – in and of itself – lawless violence, invasion or rebellion," it said. – Regina Bengco, Marilou Jumilla, JP Lopez, Wendell Vigilia and Reuters