Arroyo places country under state of national emergency

BY JUDY T. GULANE, BusinessWorld Reporter President Gloria Macapagal Arroyo on Friday declared a state of national emergency and ordered the military and the police to go after individuals and groups that had planned to overthrow the government. Street rallies are now banned, while the media are warned against helping the "destabilizers." The state of national emergency is indefinite. She issued proclamation 1017 at noon yesterday, a few hours after the arrest of Scout Rangers commander Brigadier Gen. Danilo Lim, who was said to have organized a large withdrawal of support from her administration. In a televised address, Mrs. Arroyo said she declared the state of national emergency because of threats against the government. She said there was a plan among elements in the Armed Forces to break from the chain of command, defy the government and establish a new government outside the ambit of the Constitution. "But we uncovered the plan and captured members of the military and civilians who conspired on this plan. We will go after those who provided financial and political support," she said. She also vowed to apply the full weight of the law on the destabilizers. GENERAL ORDERS Mrs. Arroyo also signed General Orders No. 5 and No. 6 and Administrative Order 143. The general order states that the directive to security forces is necessary as the political opposition, the extreme Left represented by the National Democratic Front-Communist Party of the Philippines-New People’s Army, and the extreme Right represented by military adventurists, are joining forces to overthrow the Arroyo government. "The activities above described, their consequences, ramifications, and collateral effects, constitute a clear and present danger to the safety and integrity of the Philippine State and of the Filipino people," the directive added. General Order 5 directs the Armed Forces of the Philippines (AFP) in the face of national emergency to maintain public peace, order and safety, and to prevent and suppress lawless violence. General Order 6 directs the AFP to coordinate with the Philippine National Police and other law enforcement agencies in the implementation of proclamation 1017. AO 143 directs the PNP to temporarily suspend permits to carry firearms and possess explosive, temporarily suspend the issuance of such permits until the declaration of the state of national emergency is lifted. DESTAB PLANS Michael T. Defensor, presidential chief of staff, said the plan was for military elements to join the street rallies yesterday. The rallyists intended their march to commemorate the 20th anniversary of the People Power uprising in 1986 as well as to protest against the Arroyo administration. "It wasn’t going to be a simple march and rally. Arms were going to be used and there would have been bloodshed," Mr. Defensor told a briefing. The President cited the following as bases for proclamation 1017: - a tactical alliance and conspiracy among the political opposition, the "extreme Left represented by the CPP-NPA-NDF [Communist Party of the Philippines-New People’s Army-National Democratic Front]" and the "extreme Right represented by military adventurists to bring down the duly constituted government"; - "reckless" magnification by "certain segments of the national media" of these groups’ claims; and - adverse effects to governance and to the economy as a result of these groups’ actions. "[T]he activities above-described, their consequences, ramifications and collateral effects constitute a clear and present danger to the safety and the integrity of the Philippine State and of the Filipino people," Mrs. Arroyo said. With Article 7, Section 18 of the Constitution as basis, she ordered the military "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." She also cited Article 12, Section 17 of the Constitution as another basis for the declaration. Article 7, Section 18 as cited in proclamation 1017 stated: "The President -- whenever it becomes necessary -- may call out [the] armed forces to prevent or suppress rebellion." Article 12, Section 17 states: "In times of national emergency when the public interest so requires, the state may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with business interest." TAKE OVER Mr. Defensor said the government is prepared to take over or close any media entity that provides air time or editorial space to the "extreme Left" or the "extreme Right." "It will be within the parameters of national security. For example, anonymous callers calling media without basis, or footage showing the formation of the Presidential Security Group, or a situation of media reporting that generals or military units are helping those who want to bring down the government," he said. "If media are used or allow themselves to be used to further the interest of these groups, then government will come in," he added. Asked whether the government will draft guidelines for the media, he said "that’s a good suggestion." Asked which public utilities the government intends to take over, Chief Presidential Legal Counsel Antonio Eduardo B. Nachura said "there is none in mind." He explained Article 12, Section 7 was invoked by the President to exercise police powers during the emergency. "I don’t think the media should be concerned." DIFFERENT EFFECTS Mr. Nachura said a state of emergency does not have the same effect as martial law; the former was declared to pre-empt lawless violence, invasion or rebellion, while the latter is declared if these conditions are already existing. Warrantless arrests would be made, Justice Secretary Raul M. Gonzalez said, not because this is decreed by proclamation 1017 but because these are allowed by the Rules of Court "provided the necessary grounds are present." He said groups that insist on holding rallies will be forcibly dispersed, while individuals calling for people to go to EDSA to rally will be charged with inciting to sedition. FAITHFUL TO SWORN DUTY In a statement, PNP chief Director-General Arturo C. Lomibao said they would strictly guard the state against "any move that may disrupt the normal functions of the government." "More than ever, we shall remain faithful to our sworn duty to defend the Constitution, uphold the rule of law, strictly adhere to the Chain of Command, and respect the duly constituted authorities under President Gloria Macapagal Arroyo," Mr. Lomibao said. NOT THE TIME FOR PROVING Asked to present proof that indeed the opposition, the communists and some members of the military have formed an alliance and have conspired to overthrow the government, Mr. Gonzales declined, saying "these were supposed to be intelligence reports." He said "this is not the time for proving" and challenged those who want to question proclamation 1017 to file a case before the Supreme Court "then we will present the proof." Meanwhile, Finance Secretary Margarito B. Teves said he does not favor the takeover of public utilities and sees no basis for such a takeover under present circumstances. "If the premises were not correct as facts later on will prove, then we should revoke [the proclamation]. In other words, if the effects were different from the assumptions, then we should discontinue it," he said. "If there is going to be net improvement [in the economy], why not. But we should observe because if there were several arrests without any basis, that will also disturb the public. It has to be a net gain," he added. - with reports from Kristine Alave