David v.

Ermita
G.R. No. 171396
3 May 2006

Facts:

As the nation celebrated the 20th Anniversary of EDSA People Power I on February 24, 2006, President
Arroyo issued PP1017 declaring a State of National Emergency pursuant to Section 18, Article 7 of the
1987 Constitution. She cited that over the past three months, the element in the political opposition
have conspired with authoritarians of the extreme left represented by the NDF-CPP-NPA and the
extreme right represented by military adventurists to bring down the President.

On the same day, she also issued G.O. No. 5 implementing PP 1017 and calling upon the Armed Forces
of the Philippines and the Philippine National Police to immediately carry out appropriate actions to
prevent and suppress acts of terrorism and lawless violence in the country.

As alleged by the petitioners, the Office of the President immediately announced the cancellation of all
programs and activities related to the 20th anniversary celebration of EDSA people power 1; and
revoked the permits to hold rallies issued earlier by the local governments.

Still, members of Kilusang Mayo Uno and National Federation of Labor Unions, marched from various
parts of Metro Manila with the intention of converging at the EDSA shrine.

Yet, it resulted to violent disposal of the said groups and warrantless arrests of petitioner Randolf S.
David, a professor of the University of the Philippines and newspaper columnist, and Ronald Llamas,
president of party-list Akbayan.

In the early morning of February 25, 2006, operatives of the Criminal Investigation and Detection Group
of the PNP raided the offices of the Daily Tribune Office, Malaya and Abante in Manila. The raiding team
also confiscated news stories, documents, pictures, and mock-ups of the Saturday issue.

On February 25, 2006, the police armed with an arrest warrant dated 1985 apprehended Congressman
Crispin Beltran, representing the Anakpawis party and Chairman of Kilusang Mayo Uno.

Attempts were made to arrest Anakpawis Representative Satur Ocampo, Representative Rafael
Mariano, Bayan Muna Representative Teodoro Casiño, and Gabriela Representative Liza Maza.

Bayan Muna Representative Satur Ocampo eluded arrest when the police went after him during a public
forum at the Sulo Hotel in Quezon City.

Retired Major General Ramon Montao, former head of the Philippine Constabulary, and Bayan Muna
Representative Jose Virador were also arrested.
On March 3, 2006, the President issued PP 1021 lifting PP1017.

Seven petitions challenging the constitutionality of PP 1017 and G.O. No. 5 were filed before the court.
Three of which impleaded President Arroyo as respondent.

Issue:

1. Whether the issuance of PP 1017 is constitutional;

2. Whether G.O. No. 5 is constitutional; and
3. Whether the warrantless arrest of Randolf S. David and Ronal Llamas; the dispersal and
warrantless arrest of KMU and NAFLU-KMU members during their rallies; and the warrantless
search of the tribune offices and whimsical seizure of its articles for publication and other
materials are constitutional

Ruling:

The Supreme Court partly granted the petitions.

1. The Court ruled that PP 1017 is constitutional insofar as it constitutes a call by the President
Gloria Macapagal-Arroyo on the AFP to prevent or suppress lawless violence. However, the
provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence, as
well as decrees promulgated by the President, are declared unconstitutional. In addition, the
provision in PP 1017 declaring national emergency under section 17, article VII of the
Constitution is constitutional, but such declaration does not authorize the President to take over
privately-owned public utility or business affected with public interest without prior legislation.

2. G.O. No. 5 is constitutional since it provides a standard which the AFP and the PNP should
implement PP 1017, whatever is “necessary and appropriate actions and measures to suppress
and prevent acts of lawless violence.” Considering that “acts of terrorism” have not yet been
defined and made punishable by legislature, such portion of G.O. No. 5 is declared
unconstitutional.

3. The warrantless arrest of Randolf S. David and Ronal Llamas; the dispersal and warrantless
arrest of KMU and NAFLU-KMU members during their rallies, in the absence of proof that these
petitioners were committing acts constituting lawless violence, invasion or rebellion and
violating BP 880; the imposition of standards on media or any form of prior restraint on press, as
well as the warrantless search of the Tribune offices and whimsical seizure of its articles for
publication and other materials, are declared unconstitutional.