EN BANC

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