It was, supposedly, a day of celebration; a day commemorating the Filipinos’ historical triumph over more than a decade of tyranny; a day when people marshaled their strength and, through a collective psyche, restored the lost democracy.
Ironically however, this 20th anniversary celebration of EDSA heralded the birth of yet another unlawful oppression.
The rise of events started when, on the day of February 23, fourteen junior military officers were allegedly detained for planning a coup against the Arroyo administration. By nightfall, rumors of this coup d’etat plot sifted through the media and were spread like wild fire. By midnight, the National Capital Regional Command declared the entire Metro Manila area under Red Alert.
At about two AM, troops and tanks from the Northern Luzon Command arrived in Manila, and Mrs. Arroyo received information about troop movements for and against her administration. By dawn, AFP officers declared failure of the attempted coup. Authorities announced immediately thereafter the arrest of several people supposedly involved therein.
By noon, owing to this occurrence, Mrs. Arroyo promulgated Proclamation No. 1071, placing the nation under a State of National Emergency.
All rallies that day were suspended; rally permits, revoked. The gathering of people celebrating the EDSA anniversary in different key areas within Metro Manila was dispersed by police officers. These include those in the Ninoy Aquino Monument at the corner of Ayala Avenue and Paseo de Roxas, in Quezon City Memorial Circle, at the EDSA Shrine in EDSA corner Ortigas, and those marching from IBP towards the People Power monument in EDSA. Even those who eventually gathered at the Ninoy Aquino Monument later that night were dispersed. The basis of which, as the police authorities will later repeat as though it was their mantra, was Proclamation No. 1017.
At first, there seemed to be no question that Mrs. Arroyo was well within her constitutional right to call on the Armed Forces to suppress lawless violence and rebellion. Declaring a State of National Emergency, according to Art. VII Sec. 18 and Art. XII Sec. 17, seemed to be basis enough for the proclamation.
However, when the military began conducting warrantless arrests, which lead to the detention of Prof. Randy David and his colleagues who were in EDSA at that time having a peaceful rally, the situation made a drastic turn. Nowhere in the constitution was it provided that a mere proclamation of a State of National Emergency can bring about curtailment of the very basic rights enshrined in the Constitution. Certainly, no warrantless arrests can be validly had under the wings of Proclamation No. 1071 alone. Arresting without warrants outside the guidelines as provided for in law is unconstitutional.
Consequently, when the NTC met with the KBP to discuss the possibility of revocation of franchise or takeover of media companies in case of biased reporting or publication on matters affecting national security, again under the wings of Proclamation No. 1017, the effect of the drastic turn earlier mentioned has been reinforced. Immediately, issues concerning the Freedom of Speech and Expression with regards to media organizations surfaced. In the words of Fr. Joaquin Bernas, it was as if it’s “a veiled warning to certain segments of the national media that she has the power to take them over,” a move reminiscent of martial law.
By the next day, February 26, the PNP announced that it has a list of 100 people to be arrested in relation to the thwarted coup attempt. While others like a Party-list Representative and a former Constabulary chief was unfortunate to be picked up by the police on that day, some got wind of the announcement beforehand and was able to evade arrest—some even through the protection of the House of Representatives. To be sure, these arrests were all warrantless, purporting to be legal using Proclamation No. 1017 as basis.
Also that day, the Daily Tribune was placed under temporary control of the PNP because of their “concerted effort and systematic conspiracy with known elements… to bring down the government since May 2004.” PNP will, however, later on say that they merely “guarded” the newspaper against those planning unlawful acts towards the latter.
In light of the circumstances, it is grueling to think that all of these happened under the power of Proclamation No. 1017 which was declared and promulgated at the very day of the EDSA Celebration—the day when we commemorate how the Filipinos of 20 years ago resisted the dictator’s effort to curtail the very same freedom that the Filipinos of today are in danger of losing. Talk about irony.
And so, to this, one by one, groups condemning this order voiced their concerns. Fr. Joaquin Bernas “points to the disturbing inclusion of what seem to be martial law powers in the President’s declaration, particularly in its appeal to Article XII, Section 17 of the Constitution, concerning the temporary takeover of privately owned businesses and utilities, a move that seems aimed at government control of the press and media.” Even former president Fidel Ramos said the proclamation was “Marcosian,” a move reminiscent of Martial Law. To this, UP students in Diliman walked out of their classrooms and gathered at the UP oblation and categorically denounced the proclamation. Even the District Council of the De La Salle Brothers once more took the heat and stood by their call for the president to resign. Different Law Groups, specifically the Alternative Law Groups, immediately took their pens out to draft pleadings assailing the constitutionality and legality of the order.
By February 27, Monday, the boiling issue was far from being put to rest. The Philippines was alerted by the ANC interview of Col. Querubin protesting not in uncertain terms the supposed removal of his Commanding General from office. Querubin brought with him two armored tanks and a battalion of his men at Fort Bonifacio. This resulted in a military standoff that lasted for a few hours. As this was happening, a group of people, including former president Corazon Aquino and some other prominent political personalities, congregated both inside and outside of the Fort’s gates to conduct prayer rallies. But then again, true to the spirit of Proclamation No. 1017, they were dispersed subsequently.
Simultaneously, in his press conference, Secretary Mike Defensor appealed for more responsible media coverage in light of the delicate situation. He asked for media blackout.
In February 22-27, 1986, people took to the streets their grievance against a dictator. In EDSA, citizens held hands to manifest the blazing fire of unity and the steadfast stance for change. From that time on, the Philippines had been in the international spotlight for championing a bloodless revolution.
But herein lies the rub. Contrary to what many people of today think, EDSA 1986 did not happen overnight. It was militated by a strong and aware organization of the Church and society. Key figures such as Corazon Aquino were able to synthesize social groups that did information dissemination and public education as to what their situation was before. They weren’t led by the military, nor by the left. They were led by a strong and vigilant civil society with the support of everyone on the social spectrum.
We don’t have that today. There is no Cory to inspire us. The middle is as dispersed as there are letters in the alphabet. So what do we do? As students of the law, what are we ought to do? In light of the current situation, do we stand by idly and watch as Proclamation No. 1017 debunks all that we learn in school? Or do we condemn it as an insult to the very spirit of the institution that is the law? The State of National Emergency was lifted on the 1st day of March, 2006, but the chilling effect it created continues to wreak havoc, fear and anger upon those who directly felt its impact. Do we just let it pass us by with neither resistance nor conviction? Or do we make a collective stance here and now? You decide.
*The Palladium Volume 3 No. 2
