Constitutionalism in Asia in the Early Twenty-First Century

(Greg DeLong) #1

Tapes conspiring to cheat in the election.
18
The court struck down the violations of


the freedom of speech and freedom of assembly, and the warrantless arrests carried


out under the emergency declaration, but characterized the declaration itself as


within the valid exercise of the “calling-out” powers of the President.^19


Finally, journalists sued for damages after they were forcibly hauled to a military


camp during a military standoff with rebel soldiers. The rebels had taken refuge at


the prestigious Manila Peninsula hotel, but government troops could not lay siege


until the journalists had vacated the area. However, the journalists would not cede


their posts, claiming a duty to report the news. The police contended that they were


at best a nuisance, and at worst rebel sympathizers protecting their comrades.


The journalists were herded by the police, “handcuffed” with plastic grocery


bindings, brought to a military camp to be identified, and finally released.


The government equivocated on whether the journalists were merely forcibly


evacuated from the siege, or were actually subjected to arrest.
20


The trial judge dismissed their claim without hearing on the merits, saying they


had disobeyed a generic penal law punishing “disobedience to a person in authority”:


The right of the plaintiffs as members of the press as guaranteed under


the Constitution was not violated and trampled upon by the respective


acts of the defendants. [The order to vacate the premises was] lawful and


appeared to have been disobeyed by...the plaintiffs, when they inten-


tionally refused to leave the hotel premises for which an appropriate


criminal charge [for “resistance and disobedience to a person in author-


ity” under] the Revised Penal Code, which is applicable to all, including


the media personalities, could have been initiated against them.^21


The fourth emergency was in 2009 ,upheldbythecourt,^22 when Arroyo finally and


candidly invoked her martial-law powers in response to the massacre in the Muslim


island of Mindanao, where fifty-seven civilians were gunned down by a local warlord.^23


Failure of Congressional oversight


Arroyo neutralized Congress as an independent check on executive power through


the deft exercise of her budgetary power of the legislators’ “pork barrel,” her


(^18) Davidv.Arroyo, G.R. No 171396 (May 3 , 2006 ). Note: the author was counsel for the
petitioner in this case.
(^19) See also F.T. Hilbay, “Tyrannosaurus Text and the doctrinal slip: PP 1017 and the proble-
matics of executive legislation,” in F.T. Hilbay,Unplugging the Constitution(Quezon
City: University of the Philippines Press, 2009 ), p. 35.
(^20) Tordesillasv.Secretary of Interior, Civil Case No 08 - 086 , Regional Trial Court of Makati
City Branch 56 (June 20 , 2008 ).
(^21) Ibid. (^22) Salongav.Executive Secretary, G.R. No 190307 (March 20 , 2012 ).
(^23) Presidential Proclamation 1959 , Proclaiming a state of martial law and suspending the
privilege of the writ of habeas corpus in the province of Maguindanao except for certain
areas (December 4 , 2009 ).


Philippine constitutional law 301

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