David vs. Arroyo Digest

Professor Randolf S. David, et. al. vs. Macapagal-Arroyo, et. al. G.R. No. 171396 03 May 2006 Ponente: Sandoval-Gutierrez, J. OVERVIEW: This is a case of seven consolidated petitions for certiorari and prohibition alleging that in issuing Presidential Proclamation No. 1017 and General Order No. 5, President Arroyo committed grave abuse of discretion. FACTS: On February 24, 2006, President Arroyo issued PP1017 declaring a State of National Emergency invoking Section 18, Article 7 of the 1987 Constitution. On the same day, she also issued GO no. 5 AFP and PNP to immediately carry out appropriate actions to suppress and prevent the lawless violence by invoking Section 4, Article 2 of the same. She did so citing the following bases: The elements of the elements of the Extreme Left (NDF-CPP-NPA) and Extreme Right are now in alliance threatening to bring down the President; Being magnified by the media, said acts are adversely affecting the economy thus representing clear and present danger to the safety and integrity of the State A week later, the President lifted PP1017 via PP1021. It must be noted that before the said proclamations, the following course of events ensued: February 17, 2006 : authorities got hold of a document entitled “Oplan Hackle I” detailing the plans for bombing more particularly that which was to occur in the PMA Homecoming in Baguio City which the President was to attend. February 21, 2006 : Lt. San Juan recaptured a communist safehouse where 2 flash disks containing information that “Magdalo’s D-Day would be on February 24, 2006, the 20th Anniversary of Edsa I.” February 23, 2006 : PNP Chief Lomibao intercepted information that members of the PNP-SAF were planning to defect. Also, it was discovered that B/Gen. Danilo Lim and Col. Ariel Querubin were plotting to break the AFP chain of command for a movement against the Arroyo administration. The two were later taken into custody by Gen. Senga. However, statements were being released from the CPP-NPA and NDF on the increasing number of anti-Arroyo groups within the police and military. The bombing of telecommunication towers and cell sites in Bulacan and Bataan. The effects of PP1017 and GO No. 5 are as follows: Protest by the KMU, NAFLU-KMU despite the cancellation of programs and activities for the 20th celebration of Edsa I as well as revocation of rally permits resulting in the violent disposal of the said groups and warrantless arrest of petitioner Randolf David and Ronald Llamas. Raid of the Daily Tribune, Malaya and Abante offices and confiscation of news stories and various documents

Arrest of Congressman Crispin Beltran (Anakpawis Party) by the police showing a 1985 warrant from the Marcos regime and attempts on the arrest of Satur Ocampo, Rafael Mariano, et. al. The petitioners assail that various rights stated in Article III of the 1987 Constitution have been violated, thus the case at hand. ISSUES: Whether PP 1021 in lifting PP 1017 renders the petitions moot and academic; Whether the Court may review the factual bases of PP1017 on the petitioners’ contention that the said proclamation has none of it; Whether PP 1017 and GO no. 5 are unconstitutional for their insofar as it allegedly violates the right of the people against unreasonable search and seizures, the right against warrantless arrest, the freedom of speech, of expression, of the press, and to peaceably assemble. HELD: The court held that President Arroyo’s issuance of PP 1021 did not render the present petitions moot and academic. During the eight days that PP 1017 was operative, the police officers committed illegal acts implementing it. There is no question that the issues being raised affect the public’s interest involving as they do the people’s basic rights to freedom of expression, of assembly and of the press. An otherwise moot case may still be decided “provided that the party raising it continues to be prejudiced or damaged as a direct result of its issuance” (Sanlakas v. Executive Secretary) which is applicable in the present case. Yes, the Court may do so. As to how the Court may inquire into the President’s exercise of power, it must be proven that the President did not act arbitrarily. It is incumbent upon the petitioner to show that the President’s decision is totally bereft of factual basis as the Court cannot undertake an independent investigation beyond the pleadings. This, however, was something that the petitioners failed to prove. Since there is no law defining “acts of terrorism,” it is President Arroyo alone, under G.O. No. 5 who has the discretion to determine what acts constitute terrorism, without restrictions. Certainly, the effects which may be implicated by such violate the due process clause of the Constitution. Thus, the “acts of terrorism portion of G.O. No. 5 is unconstitutional. The plain import of the language of the Constitution provides that searches, seizures and arrests are normally unreasonable without a search warrant or warrant of arrest. A warrantless arrest shall only be done if the offense is committed in one’s presence or it has just been committed based on personal knowledge – both of which are not present in David’s warrantless arrest. This being done during the dispersal and arrest of the members of KMU, et. al. is also violative of the right of the people to peaceably assemble. The wholesale cancellation of all permits to rally is a blatant disregard of the principle that “freedom of assembly is not to be limited, much

less denied, except on a showing of a clear and present danger of a substantive evil that the State has a right to prevent.” Revocation of such permits may only be done after due notice and hearing. In the Daily Tribune case, the search and seizure of materials for publication, the stationing of policemen in the vicinity of The Daily Tribune offices, and the arrogant warning of government officials to media are plain censorship. It is that officious functionary of the repressive government who tells the citizen that he may speak only if allowed to do so, and no more. When in implementing its provisions, pursuant to G.O. No. 5, the military and the police committed acts which violate the citizens’ rights under the Constitution, the Court has to declare such acts unconstitutional and illegal.