Friday, March 3, 2006

On the Criminal Culpability in Proclaiming and Enforcing 1017

President Arroyo lifted the State of Emergency Proclamation 1017 just now, obviously because the Supreme Court has informed the Palace there will be no means of denying the petitions of lawyers groups, media and Civil Societies to strike it down as violative of the people's Constitutional rights and freedoms in its implementation and unwise because of its true consequences. This is the cat-n-mouse game with the Law that has been played with the gag order E.O. 464. But I think Defense Secretary Nonong Cruz, Justice Secretary Raul Gonzalez, Police Chief Arturo Lomibao, Press Secretary Ignacio Bunye and all other officials involved in the implementation of 1017 can be charged criminally in court for GRAFT AND CORRUPTION, during which prosecution a Constitutional issue will arise that will then force the feet of the pusillanimous Court to rule on a question of transcendental Constitutional importance: the culpable trampling of the Bill of Rights by the police and state apparatus. Even if it has just now been lifted, crimes have been committed that ought to be punished under the Rule of Law. Fortunately, this isn't just my opinion:

PHILCONSA CONDEMNS IMPLEMENTATION OF PROCLAMATION 1017: Here now is former University of the Philippines Law School DEAN FROILAN BACUNGAN, a member of the Board of Governors of the Philippine Constitutional Association (PHILCONSA) speaking with Linda Andanar Yiu of ABSCBN ANC TV, condemning the acts that followed upon Proclamation 1017.

(UPDATE: 1720 GMT+8) Defense Committee Chairman Senator Rodolfo Biazon has just told Pia Hontiveros of ABSCBN News that a "day of reckoning" would come for those officials who perpetrated warrantless arrests of UP Professor Randy David and Congressman Crispin Beltran and warrantless raid and search on the Daily Tribune newspaper. He said that even if the controversial Proclamation 1017 has already been lifted, he believes that the Bill of Rights and other laws have already been violated by those officials enforcing Proclamation 1017. Senator Biazon has been leading the investigation in the Philippine Senate into the national security violations committed by President Gloria Macapagal Arroyo herself in ordering the Intelligence Services of the AFP to wiretap herself and Elections Commissioner Virgilio Garcillano during the 2004 national elections. Saludo mon General!


Jon Mariano said...

you're right on the money djb, abuse and usurpation of power must be sanctioned.

Rizalist said...

Not only that Jon. By charging the erring officials properly in Court, we can alowly re-establish the rule of law. We must keep faith in that and not chuck it out. Because some day, the shoe may be on the other foot. I am confident that Proc 1017 will be a big part of the coming IMPEACHMENT COMPLAINT. That's the next major battle as I see it. Boy but what lengths she has gone to cover up Garci!

Lord Dracula said...

The problem is, when will they file cases? All suits against 1017 are now moot and academic, I am now 70% sure that the SC will dismiss all of them, precisely because of the lifting. I hope I am wrong, but this SC has been predictable since 2001.