STATUTORY

CONSTRUCTION CASE DIGEST | TORRES

David vs. Macapagal-Arroyo

FACTS OF THE CASE:

On the 24th of February 2006, the nation celebrated the 20th Anniversary of the Edsa People
Power I. In line with this, President Arroyo issued a Presidential Proclamation 1017 declaring a
state of national emergency calling upon the Armed Forces of the Philippines (AFP) and the
Philippine National Police (PNP), in order to prevent and suppress any acts of terrorism and
lawless violence that were probable to happen in the country. The office announced the
cancellation of all programs and activities related to the said anniversary celebration of Edsa
People Power 1, all the permits to hold rallies that were issued by the local governments, and all
the rallyists along EDSA. The issuances were to allegedly suppress the lawlessness of elements
and conspiracy to assassinate her and take over the government by the NDF-CPP-NPA and the
Military Adventurists which were magnified by the national media.
There were also issues that some Magdalo members who were indicted in the Oakwood Mutiny
escaped their cells and issued public statements to go to the streets and protest wherein one of their
members was recaptured and were found of the flash disks that contains the minutes of the meeting
between the NPA and Magdalo. A certain document called Oplan Hackle I which shows the plans
for bombing during the PMA Alumni homecoming and the plot to assassinate some cabinet
members and as well as President Gloria Macapagal Arroyo, the said bomb is actually found on
the day of the celebration. Military Heads also confided with the Chief of Staff if AFP, stating that
soldiers would also join said rallies to provide an armed component to the Anti Arroyo Protesters.
A certain bombing of a telecommunication tower and cell sites in Bulacan and Bataan and a raid
of an army outpost in Benguet was also proclaimed which resulted to the death of 3 soldiers.

Without any warrant, police arrested Petitioner Randolf S. David, who is a professor in the
University of the Philippines and a newspaper columnist along with Ronald Llamas, the President
of the Akbayan Party list. On the 25th of February 2006 the operatives of CIDG of the PNP, on the
grounds of the said PP 1017 and G.O. No. 5, raided the Offices of Daily Tribune located in Manila
and attempted to arrest representatives of ANAKPAWIS, GABRIELA, and BAYAN MUNA, who
were all suspected of starting rebellion. The PNP warned that it would take over any media
organizations who would not comply to the “Standards set by government during the state of
national emergency”

On March 3, 2006, President Arroyo issued PP 1021 declaring that the state of national emergency
has ceased to exist. Petitioners filed seven (7) certiorari with the Supreme Court and three (3) of those
petitions impleaded President Arroyo as respondent questioning the legality of the
proclamation, alleging that it encroaches the emergency powers of Congress and it violates the
constitutional guarantees of freedom of the press, of speech and assembly.