G.R. No. 171396 May 3, 2006

Facts:President Gloria Macapagal-Arroyo issue a Presidential Proclamation No. 1017 (PP 1017) and General Order No. 5 (G.O. No. 5), 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 PresidentArroyo.After the issuance of PP 1017 and G.O. No. 5. The Office of the President announced the cancellation of all programs and activities related to the 20th anniversary celebration ofEdsa People Power I; and revoked the permits to hold rallies issued earlier by the local governments. Undeterred by the announcements that rallies and public assemblies would not be allowed, groups of protesters violently dispersed by huge clusters of anti-riot police. The well-trained policemen used truncheons, big fiber glass shields, water cannons, and tear gas to stop and break up the marching groups, and scatter the massed participants. The same police action was used against the protesters marching forward to Cubao, Quezon City and to the corner of Santolan Street and EDSA. That same evening, hundreds of riot policemen broke up an EDSA celebration rally held along Ayala Avenue and Paseo de Roxas Street in MakatiCityAccording to petitioner Kilusang Mayo Uno, the police cited PP 1017 as the ground for the dispersal of their assemblies. During the dispersal police arrested (without warrant) petitioner Randolf S. David.At around 12:20 in the early morning of February 25, 2006, operatives of the Criminal Investigation and Detection Group (CIDG) of the PNP, on the basis of PP 1017 and G.O. No. 5, raided theDaily Tribune offices in Manila. The raiding team confiscated news stories by reporters, documents, pictures, and mock-ups of the Saturday issue. Policemen from Camp Crame in Quezon City were stationed inside the editorial and business offices of the newspaper; while policemen from the Manila Police District were stationed outside the building.

Issue: Whether or Not the issuance of PP 1017 and G.O. No. 5 is constitutional

Ruling: The issuance of PP 1017, because ofthepresence of national emergency under Section 17, Article VII of the ConstitutionandConstitute to a call by the President on the AFP to prevent or suppress lawless violenceareConstitutional, But, the provisions of PP 1017 commanding the AFP to enforce laws not related to lawless violence, as well as decrees promulgated by the President, areunconstitutional. Such declaration does not authorize the President to take over privately-owned public utility or business affected with public interest without prior legislation. While the G.O. No. 5 is Constitutionalsince it provides a standard by which the AFP and the PNP should implement PP 1017, i.e. whatever is "necessary and appropriate actions and measures to suppress and prevent acts of lawless violence.