The Bacolod Sangguniang Panlungsod yesterday passed a unanimous resolution expressing its gravest concern over Proclamation 1017 and General Order No. 5, and asked the President to immediately lift them.

The SP is concerned that the entire country, from Apari to Jolo, is placed under a state of emergency when the threat is only in Manila thereby creating concern, if not confusion among the people, the resolution said.

Bacolod Councilors Lyndon Caña, Greg Gasataya and Homer Bais proposed the resolution that will be subject to further refinement of its final draft.

President Gloria Macapagal Arroyo issued P.D. 1017 on Feb. 24, 2006, placing the entire Philippines under a "state of emergency", citing Article VII, Section 18 of the Constitution as basis.

The Presidential Proclamation is accompanied by General Order No. 5 issued on the same date, directing the Armed Forces of the Philippines to maintain public peace, order and safety, and to prevent and suppress lawless violence in the face of the alleged national emergency.

As a result, warrantless arrests were effected, including "invitations for questioning" of certain individuals, as well as, exhortation or warnings to media to be "fair" or "balanced" with their reporting or commentaries. Allusions to possible take over of public utility companies or businesses were also made under Article XII, Section 17 of the Constitution, which provision, however, is not cited in P.D. 1017.

The resolution said that the SP stands squarely behind the Constitution and rejects any form of violent take-over of government or military rule. However, the SP notes that rebellion or coup d'etat is a continuing crime and does not require a prior declaration of a state of emergency in order to effect warrantless arrests of persons suspected of launching a rebellion or coup.

The SP is gravely concerned that the national government, through P.D. 1017 and General Order 5, has aimed the immense power of the state at the media, sending it a chilling effect reminiscent of the emasculation of the press under Martial Law, it also said.

The SP also said that the deprivation of the right of the people to rally or peaceably assemble and seek redress from government of their grievances as a result of said Proclamation effectively tramples on their inalienable, God-given rights.*CGS

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