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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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