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State of National Emergency

In the morning of Friday, February 24, GMA announced to the media her issuance of Proclamation No. 1017 putting the nation into a State of National Emergency. The proclamation pointed out the constitutional basis: Sec. 18, Art VII and Sec. 17, Art XII. The basis is being questioned by human rights advocates and lawyers group. (Please see banner story for the details on the proclamation)

But what concerns us as media practitioners is the possible effects of the proclamation on the exercise of our profession. The proclamation pointed out media reportage that had magnified the conspirators plan to unseat GMA as among the factual basis on her issuance of the proclamation.

In the whereases of the proclamation alone, it mentions about the conspiracy to “bring down the duly constituted government elected in May 2004” by the opposition, military adventurists, and the left. It pointed out that certain segments of the national media recklessly magnified the claims of the elements (referring to the conspirators) had hurt the State – “by obstructing governance including the growth of the economy and sabotaging the peoples’ confidence in government and their faith in the future of this country.”

The proclamation provides very broad power to the president and its military and police to suppress of the administration. This is a go signal to curtail media reportage or any exercise in relation of the freedom of the press and expression. In fact, the president can enforce her power to clamp down media or curtail the exercise of press freedom when in her discretion the exercise hurts the Philippine state.

It must be noted that even when there was no emergency, GMA had been scolding media practitioners on their reportage of any event she considers to be negative to her administration. Remember when she scolded a TV reporter when the latter interviewed Gregorio Honasan during the Oakwood Mutiny and remember when she told reporters in a Kapisanan ng mga Broadcasters sa Pilipinas (KBP) assembly in Baguio City on their alleged bias reportage

Just yesterday, February 24, rallyist in Manila tasted the teeth of Proclamation No. 1017 when members of the PNP dispersed them. That night, we received the news that the Criminal Investigation and Detection Group (CIDG) raided the office of the daily newspaper, the Daily Tribune. On Saturday, February 25, the GMA TV network reported that the CIDG had raided the office of another national daily – the Ang Pahayagang Malaya.

These acts were done despite the proclamation’s new issuance. Mukhang patikim pa lang ito ni GMA. And the acts, based on the proclamation, are violative of our consitutional rights to freedom of the press and of expression.

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As I watched TV on Friday news on how members of the PNP dispersed the rallyist in Manila, a TV reporter interviewed Sec. Mike Defensor where the latter clearly pointed out that they can employ warrantless arrests – against rallyists.

It must be pointed out however, that under the rules of court, warrantless arrest is allowed when a person is actually committing, or is attempting to commit an offense or if the person to be arrested is a fugitive of justice.

The words of Secretary Defensor, the dispersal of the rally on Friday in EDSA, the arrest of the leaders of the rallyist, and the latest arrest of Anakpawis party-list Representative Crispin Beltran only uncover the aims of the proclamation – it is directed to thwart dissent by the people against the GMA administration. To exercise your constitutional right to freedom of expression and assembly is not a crime. Nor is it considered a continuing crime of rebellion. Under all these circumstances, warrantless arrests are not applicable. Yet they justify it through Proclamation No. 1017.

The worst, the proclamation provides her arbitray power as it failed to issue guidelines in the exercise thereof. The discretion is on her side which is can always be subjected for abuse. The proclamation has no limit in period as it has no time frame for the exercise of the emergency power. She can have it even after 2010.

The proclamation is a grand design for GMA to remain in power. The proclamation will not save her. It will be a vehicle for her downfall. For her to save untowards incidents as a result of her proclamation, she must heed the call for her to resign from the presidency. And the earlier she resigns, the better. #

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