Presidential Proclamation No. 1017, Declaration of State of Emergency by Lorna V. Wy, MA (March, 2006)

Series of events transpired on February 24, 2006 when the President declares the Proclamation 1017 otherwise known as "State of National Emergency", Chronology of events shows the factual basis in the exercise of the Power of the President as provided in Section 18, Article 7 of the Philippine Constitution which states that: "The President…whenever it becomes necessary,… may call out (the) armed forces to prevent or suppress … rebellion…," and in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines, 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.

Testimonial and documentary evidence proved beyond doubt the existence of tactical conspiracy and systematic alliance between the rightist, leftist, military, civil society and hardcore political opportunist to create destabilization on the part of the government. The illegal acts plot was timed to coincide with the celebration of the 20th anniversary of EDSA 1, to induce civil society revolt against the government. Since the will of the people is supreme over the constitution, which was served as a vehicle in restoring democracy against tyrannous acts of President Marcos.

The three branches of government (Legislative, Executive and Judiciary) are co-equal and checks and balances. The burden is now shifted with the Highest Tribunal to interpret the constitutionality and legality of Proclamation 1017. Petition for review has been filed even though the President lifted 1017. Notwithstanding the resolution to be rendered by the Higher Court after the hearing of oral arguments and presentation of evidence, it is the duty of the President, whenever in her judgment, there exists a grave emergency or a threat or imminence thereof, she may, in order to meet the emergency, issue the necessary decrees, orders or letters of instructions, which shall form part of the law of the land" as incidental to her power as Commander in Chief of the Arm Forces of the Philippines. To substantiate it, the acts of conspirators and coup plotters constitute evil acts crossing the boundaries of the guaranteed civil rights and liberties by the 1987 Constitution. There was clear and present danger acts that were neutralize and diminished by the AFP, PNP and other law enforcers.

The act per se is extra-constitutional but it does not render illegal and invalid, sources of powers of the President are express, implied as provided by the Constitution and incidental. The power to declare state of emergency is expressly authorize by law because it is incidental to state existence, attaches to the power of the President from the moment that the law conferred her to be the President of the Republic of the Philippines. It need not be written in the Constitution since it is inherent and doest not constitute "ultra vires acts".