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Decision 8<br />
G.R. Nos. 171396,<br />
171400<br />
171409, 171424, 171483<br />
171485, 171489<br />
powers vested in me by law, hereby declare that the state of national<br />
emergency has ceased to exist.<br />
In their presentation of the factual bases of PP 1017 and G.O. No. 5,<br />
respondents stated that the proximate cause behind the executive issuances<br />
was the conspiracy among some military officers, leftist insurgents of the<br />
New People’s Army (NPA), and some members of the political opposition<br />
in a plot to unseat or assassinate President Arroyo. 4 They considered the aim<br />
to oust or assassinate the President and take-over the reigns of government<br />
as a clear and present danger.<br />
During the oral arguments held on March 7, 2006, the Solicitor<br />
General specified the facts leading to the issuance of PP 1017 and<br />
G.O. No. 5. Significantly, there was no refutation from petitioners’<br />
counsels.<br />
The Solicitor General argued that the intent of the Constitution is to<br />
give full discretionary powers to the President in determining the necessity<br />
of calling out the armed forces. He emphasized that none of the petitioners<br />
has shown that PP 1017 was without factual bases. While he explained that<br />
it is not respondents’ task to state the facts behind the questioned<br />
Proclamation, however, they are presenting the same, narrated hereunder, for<br />
the elucidation of the issues.<br />
On January 17, 2006, Captain Nathaniel Rabonza and<br />
First Lieutenants Sonny Sarmiento, Lawrence San Juan and Patricio<br />
Bumidang, members of the Magdalo Group indicted in the Oakwood<br />
mutiny, escaped their detention cell in Fort Bonifacio, Taguig City. In a<br />
public statement, they vowed to remain defiant and to elude arrest at all<br />
costs. They called upon the people to “show and proclaim our displeasure<br />
at the sham regime. Let us demonstrate our disgust, not only by going to the<br />
streets in protest, but also by wearing red bands on our left arms.” 5<br />
4<br />
Respondents’ Comment dated March 6, 2006.<br />
5<br />
Ibid.