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Dumaguete City, Philippines Tuesday, February 28, 2006
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Dad hits state of
emergency declaration

BY JUANCHO GALLARDE

Proclamation 1017 continues to dominate discussions among local chief executives and lawmakers in Dumaguete City.

While local government units and law enforcement agencies are rallying behind the action of President Gloria Arroyo who made the proclamation, militant organizations and some lawmakers have expressed reservations over its repercussions.

A former street parliamentarian and now a member of the Sangguniang Panlungsod of Dumaguete, lawyer Saleto Erames, said Arroyo does not have to declare a state of emergency.

Erames said the President has the power to call out the Armed Forces of the Philippines to quell or suppress lawlessness, instead of declaring a state of national emergency.

Besides, Erames said he believes a state of emergency cannot be exercised alone by the President, because she must share it with Congress.

Prohibiting peaceful rallies and protest action is delving into the freedom of expression of every citizen as embodied in the Constitution, he said.

Erames said the 1987 Constitution is alive and civil rights are not affected with the declaration of a state of national emergency, even with Martial Law. He also said he will not be surprised if the declaration will be questioned before the Supreme Court, under Section 18 of Article VII of the 1987 Constitution of the Philippines, and under the grave abuse of discretion clause.*JG

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