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During the Celebration of People Power I, President Arroyo Issued Presidential Proclamation 1017 (PP 1017 for Brevity) Declaring a State of National Emergency

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During the Celebration of People Power I, President Arroyo Issued Presidential Proclamation 1017 (PP 1017 for Brevity) Declaring a State of National Emergency David vs. Arroyo G.R. No. 171396 May 3, 2006 Facts of the case: During the celebration of People Power I, President Arroyo issued Presidential Proclamation 1017 (PP 1017 for brevity) declaring a state of national emergency. The President also issued General Order (G.O.) No. 5 implementing PP 1017. The President stated that over the past months, elements in political opposition have conspired with extreme left represented by NDF- CCP- NPA and military adventurists, which caused her to declare such order. The President considered aims to oust the President and take- over reigns of government as clear and present danger. On March 3, President Arroyo lifted PP 1017. Solicitor General argued that the basis of declaring PP 1017 was that the intent of the Constitution is to give full discretionary powers to the President in determining the necessity of calling out the AFP. However despite the contentions of the Solicitor General, the Magdalo group indicted the Oakwood mutiny and called to wear red bands on their left arms to show disgust. At the same time Oplan Hackle I was discovered, which constitutes plans of bombings and attacks on PMA Alumni Homecoming in Baguio, the same event where the President was invited. The next morning after the alumni homecoming celebration, a bomb was found inside the campus. PNP Chief Arturo Lomibao also intercepted information that PNP- SAF members are planning to defect from the administration, while on the same view Congressman Peping Cojuanco plotted moves to bring down the Arroyo Administration. Huge number of soldiers joined the rallies to provide critical mass and armed component to Anti- Arroyo protests. Bombings of telephone communication towers and cell sites in Bulacaan and Bataan was also considered as an additional factual basis after the issuance of PP 1017 and GO 5. Because of these incidental series of events which clearly presents a critical situation, President Arroyo cancelled all activities related to EDSA People Power I. Mike Arroyo, then Executive Secretary, announced that warrantless arrest and takeover of facilities can be implemented. Succeeding this announcement was the arrest of Randy David, a Filipino journalist and UP professor due to a mistake of fact that he was actually involved in the street rallies. Seizure of Daily Tribune, Malaya and Abante-- all local news publication, took place which, according to the PNP, was meant to show a strong presence to tell the media outlets not to connive or do anything that would help rebels in bringing down the government. Police also arrested Congressman Crispin Beltran, who then represented the Anakpawis Party. Issue: Whether or not the issuance of Presidential Proclamation PP 1017 is unconstitutional? Whether or not the arrest of Randy David and the seizure of Daily Tribune et. al., is unconstitutional? Ruling of the court: Respondents claim that such petition is moot and academic based on the issuance of PP 1017, but the Court rejects such contention. A moot and academic case is one that ceases to present a justiciable controversy. In this case, the Court is convinced that the President was justified in issuing PP 1017 which calls for military aid. Most people then equate it to martial law, but such case is different wherein the basis then was the 1973 Constitution. Under the present 1987 Constitution, the President may summon armed forces to aid him in supporting lawless violence. The President's declaration of state rebellion was merely an act declaring a status or conduction of a public moment of interest. State of national emergency, however, is the prerogative of the President. Her exercise of emergency powers such as the taking over of privately owned utility requires delegation from the Congress, which is entirely different from the martial law. As to the seizure of the Daily Tribune and the arrest of Randy David, the Court considers those actions unlawful based on the fact that it violates the constitutional mandate of freedom of expression. Jose Burgos vs. Chief of Staf G.R. No L-64261 December 26, 1984 Facts: Two warrants were issued against petitioners for the search on the premises of “Metropolitan Mail” and “We Forum” newspapers and the seizure of items alleged to have been used in subversive activities. Petitioners prayed that a writ of preliminary mandatory and prohibitory injunction be issued for the return of the seized articles, and that respondents be enjoined from using the articles thus seized as evidence against petitioner. Petitioners questioned the warrants for the lack of probable cause and that the two warrants issued indicated only one and the same address. In addition, the items seized subject to the warrant were real properties. Issue: Whether or not the two warrants were valid to justify seizure of the items. Held: The defect in the indication of the same address in the two warrants was held by the court as a typographical error and immaterial in view of the correct determination of the place sought to be searched set forth in the application. The purpose and intent to search two distinct premises was evident in the issuance of the two warrant. As to the issue that the items seized were real properties, the court applied the principle in the case of Davao Sawmill Co. v. Castillo, ruling “that machinery which is movable by nature becomes immobilized when placed by the owner of the tenement, property or plant, but not so when placed by a tenant, usufructuary, or any other person having only a temporary right, unless such person acted as the agent of the owner.” In the case at bar, petitioners did not claim to be the owners of the land and/or building on which the machineries were placed. This being the case, the machineries in question, while in fact bolted to the ground remain movable property susceptible to seizure under a search warrant. However, the Court declared the two warrants null and void. Probable cause for a search is defined as such facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed and that the objects sought in connection with the offense are in the place sought to be searched. The Court ruled that the affidavits submitted for the application of the warrant did not satisfy the requirement of probable cause, the statements of the witnesses having been mere generalizations. Furthermore, jurisprudence tells of the prohibition on the issuance of general warrants. (Stanford vs. State of Texas). The description and enumeration in the warrant of the items to be searched and seized did not indicate with specification the subversive nature of the said items. Columbia Pictures v. Flores G.R. No. 78631 June 29, 1993 I. THE FACTS As a consequence of a complaint filed by the Motion Picture Association of America, Inc., NBI agents conducted surveillance operations on certain video establishments, among them respondent FGT Video Network, Inc. (FGT), for “unauthorized sale, rental, reproduction and/or disposition of copyrighted film," a violation of PD 49 (the old Intellectual Property Law). After an NBI agent was able to have copyrighted motion pictures “Cleopatra” (owned by 20th Century Fox) and “The Ten Commandments” (owned by Paramount) reproduced in video format in FGT, the NBI applied for and was able to obtain from the respondent judge the subject Search Warrant No. 45 which reads: TO ANY PEACE OFFICER: GREETINGS: It appearing to the satisfaction of the Undersigned after examining under oath NBI Senior Agent Lauro C. Reyes and his witnesses Mr. Danilo Manalang and Ms. Rebecca Benitez-Cruz, that there is a probable cause to believe that Violation of Section 56 P.D. No. 49 as amended by P.D. No. 1988 (otherwise known as the Decree on Protection of Intellectual Property) has been committed and that there are good and sufficient reasons to believe that FGT Video Network, Inc., Manuel Mendoza, Alfredo C. Ongyanco, Eric Apolonio, Susan Yang and Eduardo Yotoko are responsible and have in control/possession at No. 4 Epifanio de los Santos corner Connecticut, Greenhills, San Juan, Metro Manila (per attached sketch and list of MPAA member Company Titles) the following properties to wit: (a) Pirated video tapes of the copyrighted motion pictures/films the titles of which are mentioned in the attached list; (b) Posters, advertising leaflets, flyers, brochures, invoices, lists of titles being reproduced or retaped, journals, ledgers, jon (sic) order slips, delivery slips and books of accounts bearing and/or mentioning the pirated films with titles (as per attached list), or otherwise used in the reproduction/retaping business of the defendants; (c) Television sets, video cassette recorders, rewinders, tape head cleaners, accessories, equipment and other machines and paraphernalia or materials used or intended to be used in the unlawful sale, lease, distribution, or possession for purpose of sale, lease, distribution, circulation or public exhibition of the above- mentioned pirated video tapes which they are keeping and concealing in the premises above-described, which should be seized and brought to the Undersigned. You are hereby commanded to make an immediate search at any time in the day between 8:00 A.M. to 5:00 P.M. of the premises above-described and forthwith seize and take possession of the above-enumerated personal properties, and bring said properties to the undersigned immediately upon implementation to be dealt with as the law directs. In the course of the implementation of the search warrant in the premises of FGT, the NBI agents found and seized various video tapes of copyrighted films owned and exclusively distributed by petitioners. Also seized were machines and equipment, television sets, paraphernalia, materials, accessories, rewinders, tape head cleaners, statements of order, return slips, video prints, flyers, production orders, and posters.
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