EN BANC

Decision 16
G.R. Nos. 171396,
171400
171409, 171424, 171483
171485, 171489
violate (a) Section 4 15 of Article II, (b) Sections 1, 16 2, 17 and 4 18 of Article
III, (c) Section 23 19 of Article VI, and (d) Section 17 20 of Article XII of the
Constitution.
In G.R. No. 171489, petitioners Jose Anselmo I. Cadiz et al., alleged
that PP 1017 is an “arbitrary and unlawful exercise by the President of her
Martial Law powers.” And assuming that PP 1017 is not really a
declaration of Martial Law, petitioners argued that “it amounts to an
exercise by the President of emergency powers without congressional
approval.” In addition, petitioners asserted that PP 1017 “goes beyond the
nature and function of a proclamation as defined under the Revised
Administrative Code.”
And lastly, in G.R. No. 171424, petitioner Loren B. Legarda
maintained that PP 1017 and G.O. No. 5 are “unconstitutional for being
violative of the freedom of expression, including its cognate rights such as
freedom of the press and the right to access to information on matters of
public concern, all guaranteed under Article III, Section 4 of the 1987
Constitution.” In this regard, she stated that these issuances prevented her
from fully prosecuting her election protest pending before the Presidential
Electoral Tribunal.
15
The prime duty of the Government is to serve and protect the people. The Government may
call upon the people to defend the State and, in the fulfillment thereof, all citizens may be required,
under conditions provided by law, to render personal military or civil service.
16
17
18
19
20
No person shall be deprived of life, liberty, or property without due process of law, nor shall
any person be denied the equal protection of the laws.
The right of the people to be secure in their persons, houses, papers, and effects against
unreasonable searches and seizures of whatever nature and for any purpose shall be inviolable, and no
search warrant or warrant of arrest shall issue except upon probable cause to be determined personally
by the judge after examination under oath or affirmation of the complainant and the witnesses he may
produce, and particularly describing the place to be searched and the persons or things to be seized.
No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right
of the people peaceably to assemble and petition the Government for redress of grievances.
(1) The Congress, by a vote of two-thirds of both Houses in joint session assembled,
voting separately, shall have the sole power to declare the existence of a state of war.
(2) In times of war or other national emergency, the Congress may, by law, authorize the
President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers
necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of
the Congress, such powers shall cease upon the next adjournment thereof.
In times of national emergency, when the public interest so requires, the State may, during the
emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of
any privately owned public utility or business affected with public interest.