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Decision 48<br />
G.R. Nos. 171396,<br />
171400<br />
171409, 171424, 171483<br />
171485, 171489<br />
Petitioners’ contention is understandable. A reading of PP 1017<br />
operative clause shows that it was lifted 120 from Former President Marcos’<br />
Proclamation No. 1081, which partly reads:<br />
NOW, THEREFORE, I, FERDINAND E. MARCOS, President<br />
of the Philippines by virtue of the powers vested upon me by Article VII,<br />
Section 10, Paragraph (2) of the Constitution, do hereby place the entire<br />
Philippines as defined in Article 1, Section 1 of the Constitution under<br />
martial law and, in my capacity as their Commander-in-Chief, do hereby<br />
command the Armed Forces of the Philippines, to maintain law and<br />
order throughout the Philippines, prevent or suppress all forms of<br />
lawless violence as well as any act of insurrection or rebellion and to<br />
enforce obedience to all the laws and decrees, orders and regulations<br />
promulgated by me personally or upon my direction.<br />
We all know that it was PP 1081 which granted President Marcos<br />
legislative power. Its enabling clause states: “to enforce obedience to all<br />
the laws and decrees, orders and regulations promulgated by me<br />
personally or upon my direction.” Upon the other hand, the enabling<br />
clause of PP 1017 issued by President Arroyo is: to enforce obedience to<br />
all the laws and to all decrees, orders and regulations promulgated by<br />
me personally or upon my direction.”<br />
Is it within the domain of President Arroyo to promulgate “decrees”?<br />
PP 1017 states in part: “to enforce obedience to all the laws and<br />
decrees x x x promulgated by me personally or upon my direction.”<br />
The President is granted an Ordinance Power under Chapter 2, Book<br />
III of Executive Order No. 292 (Administrative Code of 1987). She may<br />
issue any of the following:<br />
120<br />
Ironically, even the 7 th Whereas Clause of PP 1017 which states that “Article 2, Section 4 of our<br />
Constitution makes the defense and preservation of the democratic institutions and the State the<br />
primary duty of Government” replicates more closely Section 2, Article 2 of the 1973 Constitution<br />
than Section 4, Article 2 of the 1987 Constitution which provides that, “[t[he prime duty of the<br />
Government is to serve and protect the people.”