1017 by Ronan S. Estoque, MA (February, 2006)

In response to the foiled coup attempt, the Arroyo Administration issued Proclamation 1017. In a simplest term, this particular proclamation enables the administration to arrest suspected coup plotters without the benefit of a warrant. Media could be muscled to toe the government line and taken to an extreme, this particular proclamation run counters against the freedom of expression that is enshrined in the 1987 Constitution.

Civil libertarians are labeling this proclamation as a prelude to a martial law. Senator Joker Arroyo put it bluntly when he called it as a "creeping martial law".

This afternoon, the Supreme Court is slated to hear the entire petition against Proclamation 1017. Whatever the outcome of such a hearing, one thing is certain - democracy is still working in this republic because the mere fact that one could still lodge a petition against PP 1017 means that there is still freedom of expression.

Article III, Section 4 says that "No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceable to assemble and petition the government for redress of grievances".

Now I don't know how PP 1017 is going to go around it but the above-mentioned article is clear, simple and easy to understand. If such goes against Article III, Section 4 of the Constitution then such is unconstitutional.

I really believed that GMA was badly served when she agreed to proclaim 1017. All of the powers that the said proclamation gave her were already inherent in her as the Chief Executive of this republic.

Article VII, Section 18 states that "The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.

The point that I am trying to make here is that all the power that was supposed to be given to be president was already in her possession. Any other mean is just an extra-constitutional tool in imposing a mutated Philippine version of a dictatorship.

US Civil War General Burnside once said, "It is well that this is terrible, or else we might grow fond of it" (in reference to the US Civil War). The trouble is that we as a people became too fond of people power. Whenever there is a trouble with the administration, we want a people power.

Some segment of the Filipino people wanted the former president treated with more respect and what did they do, they staged their own people power. People right now are mad with the present administration and what are they doing? They are staging their own version of a mutated people power.

Favorable or not, this silly issue with Presidential Proclamation 1017 will be settled in one way or another by the Supreme Court. If 1017 is an overkill, then it is high time for the Supreme Court to say so.