VZCZCXRO3621
PP RUEHCHI RUEHDT RUEHHM
DE RUEHML #1913/01 1240703
ZNR UUUUU ZZH
P 040703Z MAY 06
FM AMEMBASSY MANILA
TO RUEHC/SECSTATE WASHDC PRIORITY 0828
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEKDIA/DIA WASHDC
RHHMUNA/CDRUSPACOM HONOLULU HI
RUEAIIA/CIA WASHDC
RHEHNSC/NSC WASHDC

UNCLAS SECTION 01 OF 02 MANILA 001913 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR EAP, EAP/MTS, INR/EAP 
 
E.O. 12958: N/A 
TAGS: PHUM PINS PINR RP
SUBJECT: SUPREME COURT ISSUES MIXED RULING ON STATE OF 
NATIONAL EMERGENCY 
 
REF: A. MANILA 1812 
 
     ¶B. MANILA 1792 
     ¶C. MANILA 1746 
     ¶D. MANILA 914 
     ¶E. MANILA 830 
 
¶1.  (SBU) Summary:  The Supreme Court, in a May 3 ruling, 
upheld the validity of President Arroyo's imposition of a 
State of National Emergency on February 24.  However, the 
Court also ruled that the curbing of rallies and a police 
raid on a newspaper were illegal.  Both Malacanang and the 
Opposition hailed the Court's ruling, focusing on different 
aspects.  Overall, the ruling probably gave the Opposition 
more to crow about, given the recent string of Supreme Court 
decisions that appear to place constraints on executive 
authority.  End Summary. 
 
--------------------------------- 
Mixed Ruling on Proclamation 1017 
--------------------------------- 
 
¶2.  (U) On May 3, the Supreme Court ruled 11-3 that President 
Arroyo's February 24 declaration of a State of National 
Emergency (Proclamation 1017) was constitutional.  The 
78-page decision declared that it was within the powers of 
the President, as commander-in-chief, to call upon the armed 
forces to "suppress lawless violence."  The Court also upheld 
the constitutionality of General Order No. 5 directing the 
Philippine National Police (PNP) and Armed Forces of the 
Philippines (AFP) to take "necessary and appropriate actions" 
to prevent "lawless violence." 
 
¶3.  (U) While upholding the validity of the declaration of a 
State of National Emergency, the justices ruled that some 
actions by the police and military in implementing 
Proclamation 1017 violated citizens' rights under the 
Constitution.  Specifically, the Supreme Court declared 
illegal: the warrantless arrest of anti-President Arroyo 
professor Randy David and other protesters during a rally; 
dispersal of several anti-Arroyo rallies; and a raid on the 
"Daily Tribune," during which police seized articles for 
publication.  The Court found that there was no proof that 
the suspects were committing acts that would constitute 
"lawless violence, invasion or rebellion," and therefore the 
police and military had no legal authority to exercise 
extraordinary powers under Proclamation 1017 to curtail the 
rights of due process, peaceable assembly, and free speech. 
The Court also ruled that the raid on the newspaper 
constituted an attack on press freedoms. 
 
¶4.  (U) Eleven Supreme Court justices concurred with the 
majority decision, penned by Associate Justice Angelina 
Sandoval-Gutierrez.  Three justices argued in a dissenting 
opinion that Proclamation 1017 was constitutional in every 
aspect, as was its implementation.  (The fifteenth Supreme 
Court Justice, Reynato Puno, was on leave due to the recent 
death of his wife.)  Although the three dissenting justices 
were appointed by President Arroyo, the seven other Arroyo 
appointees, including Chief Justice Artemio Panganiban, sided 
with the majority in limiting Malacanang's emergency powers. 
 
----------------------------- 
GRP, Opposition Hail Decision 
----------------------------- 
 
¶5.  (SBU) Both Malacanang and members of the Opposition 
sought to portray the ruling as a vindication of their 
positions.  Press Secretary Ignacio Bunye told the media on 
May 3, "We are glad that...the Supreme Court decision 
affirmed the government's inherent right to protect itself 
and the President's power under the Constitution to call out 
the armed forces to suppress lawless violence."  Critics of 
Malacanang, on the other hand, emphasized the Court's 
rejection of measures taken by the police and military to 
implement Proclamation 1017.  Senate Majority Leader Francis 
Pangilinan praised the Court, stating in a May 3 press 
conference that the decision effectively affirmed a February 
Senate resolution condemning acts that flowed from the 
declaration of Proclamation 1017 (ref D).  House Minority 
Leader Francis "Chiz" Escudero added that the ruling 
vindicated opposition to President Arroyo's "dictatorial 
tendencies."  Another opposition Congressman called the 
ruling "a real embarrassment to Malacanang because it showed 
that it had far overreached with Proclamation 1017." 
 
 
MANILA 00001913  002 OF 002 
 
 
---------------- 
Impact of Ruling 
---------------- 
 
¶6.  (SBU) Senate Majority Leader Francis Pangilinan said 
publicly that it was not enough for the Supreme Court to 
declare certain actions undertaken under Proclamation 1017 
illegal, but that someone must be made to answer for the 
illegal arrest of Professor Randy David on February 24, at a 
minimum.  However, in its May 3 decision, the Supreme Court 
declined to impose sanctions on individual police officers, 
noting that they had not been individually identified and 
given their day in court.  A Supreme Court official predicted 
privately that the May 3 ruling would not have any bearing on 
pending cases against a group of leftist lawmakers known as 
the "Batasan 5" (ref B) and others charged by the GRP with 
"sedition."  He commented that these cases had been brought 
under pre-existing statutes already on the books and not 
under the authority of Proclamation 1017. 
 
------- 
Comment 
------- 
 
¶7.  (SBU) Although both sides hailed the ruling, it probably 
gave the Opposition more to crow about, given the recent 
string of Supreme Court decisions that appear to place 
constraints on executive authority (refs A and C).  Given its 
perennially fragmented state, the Opposition needs any 
momentum it can get; the critical tone of the May 3 decision 
gives the Opposition new ammunition.  The ruling also 
reinforced the perception that the Supreme Court is becoming 
more independent, a plus for Philippine democracy.  The news 
was also positive for the media, which had vigorously 
complained about the pressures the GRP applied during the 
State of National Emergency. 
 
Visit Embassy Manila's Classified SIPRNET website: 
http://www.state.sgov.gov/p/eap/manila/index. cfm 
 
You can also access this site through the State Department's 
Classified SIPRNET website: 
http://www.state.sgov.gov/ 
 
Kenney