State of National Emergency Does Not Grant Extra Powers Says Lawyer

The spokesperson of a broad-based group of lawyers, paralegals and law students condemned the arrests of  prominent political figures known to be critical of the Macapagal-Arroyo administration including Anakpawis (Toiling Masses) Rep. Crispin Beltran. 

Atty. Neri Javier Colmenares, spokesperson of the Counsels for the Defense of Liberties in an interview with Bulatlat, said, “Even with a state of national emergency, she would need a law to grant her additional powers.”

BY ALEXANDER MARTIN REMOLLINO
Bulatlat

The spokesperson of a broad-based group of lawyers, paralegals and law students has condemned the arrests of prominent political figures known to be critical of the Macapagal-Arroyo administration, including Anakpawis (Toiling Masses) Rep. Crispin Beltran, saying that even in a state of national emergency it is not within the President's power to be ordering such arrests.

“A state of national emergency does not grant the President additional powers,” said lawyer Neri Javier Colmenares, spokesperson of the Counsels for the defense of Liberties in an interview with Bulatlat. “Even with a state of national emergency, she would need a law to grant her additional powers.”

Anakpawis Rep. Crispin Beltran was arrested February 25 at 8 a.m. near his home on his way to a press conference of the minority group of the House of Representatives.  During the said press conference at Sulo Hotel in Quezon City, an “invitation” addressed to Bayan Muna (People First) Rep. Satur Ocampo was also issued by police officers but he was able to elude arrest.

“Under the Constitution, you cannot arrest congressmen while Congress is in session,” he added.

President Gloria Macapagal-Arroyo issued Feb. 24 Proclamation No. 1017, declaring the entire Philippines to be in a state of national emergency.

Based on an account from Beltran's daughter Olive as well as reports from the Anakpawis national office, Beltran, his wife Rosario, and four other companions were on their way to a press conference of opposition congressmen at the Sulo Hotel in Quezon City when they were accosted at the gate of the Francisco III Subdivision in San Jose del Monte, Bulacan by Senior Inspector Rene Corpuz and another unidentified person, both armed and in uniform. They presented no warrant of arrest and escorted Beltran and his group to Camp Crame, the general headquarters of the Philippine National Police (PNP). Beltran was presented with a warrant for his arrest only when they arrived at the office of the PNP's Criminal Investigation  and Detection Group (CIDG). The warrant dates back from 1985 and is related to a sedition case filed against him by the Marcos government.

“This is ridiculous,” Colmenares said of what was done to Beltran.

Meanwhile, three other progressive party-list representatives – Bayan Muna (People First) Reps. Satur Ocampo and Teddy Casiño and Gabriela Women's Party (GWP) Rep. Liza Maza – eluded arrest attempts against them.

On their way to the press conference at the Sulo Hotel, the three party-list representatives noticed an unusual number of armed operatives of the PNP's Special Weapons and Tactics (SWAT) division manning the entrances.

The police tried to issue an “invitation” to Rep. Satur Ocampo and blocked his vehicle as he was about to leave the press conference.  Two of his staff, Ruel Oberia and Art Hermitanio were arrested and released around noon.          

The other two party-list representatives entered the hotel through another door and, after the press conference, took different cars.

In a separate interview, Anakpawis secretary-general Cherry Clemente said they have not been able to monitor moves against Rep. Rafael Mariano, although they know there are many progressive solons who are on the government's arrest list. Meanwhile, insiders from Bayan Muna Rep. Joel Virador's office said he has not been arrested either, although he is now on heightened security.

Reports are rife that police are now in pursuit of Partido ng Manggagawa (PM or Workers' Party) Rep. Renato Magtubo. Meanwhile, retired police generals Ramon Montaño and Rex Piad have both been arrested as well.

“Proclamation No. 1017 is essentially a declaration of martial law,” Colmenares said. “Macapagal-Arroyo declared a state of national emergency to avoid a congressional inquiry.”

The first paragraph of Sec. 18, Art. 7 of the 1987 Constitution provides that: “The President shall be the commander-in-chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out 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.” Bulatlat 

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