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Decision 50<br />
G.R. Nos. 171396,<br />
171400<br />
171409, 171424, 171483<br />
171485, 171489<br />
Martial Law nor a state of rebellion nor a state of emergency can justify<br />
President Arroyo’s exercise of legislative power by issuing decrees.<br />
Can President Arroyo enforce obedience to all decrees and laws<br />
through the military?<br />
As this Court stated earlier, President Arroyo has no authority to enact<br />
decrees. It follows that these decrees are void and, therefore, cannot be<br />
enforced. With respect to “laws,” she cannot call the military to enforce or<br />
implement certain laws, such as customs laws, laws governing family and<br />
property relations, laws on obligations and contracts and the like. She can<br />
only order the military, under PP 1017, to enforce laws pertinent to its duty<br />
to suppress lawless violence.<br />
Third Provision: Power to Take Over<br />
The pertinent provision of PP 1017 states:<br />
x x x and to enforce obedience to all the laws and to<br />
all decrees, orders, and regulations promulgated by me<br />
personally or upon my direction; and as provided in<br />
Section 17, Article XII of the Constitution do hereby<br />
declare a state of national emergency.<br />
The import of this provision is that President Arroyo, during the state<br />
of national emergency under PP 1017, can call the military not only to<br />
enforce obedience “to all the laws and to all decrees x x x” but also to act<br />
pursuant to the provision of Section 17, Article XII which reads:<br />
Sec. 17. In times of national emergency, when the public interest<br />
so requires, the State may, during the emergency and under reasonable<br />
terms prescribed by it, temporarily take over or direct the operation of any<br />
privately-owned public utility or business affected with public interest.