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ARROYO
FACTS: In February 2006, due to the escape of some Magdalo
members and the discovery of a plan (Oplan Hackle I) to assassinate
the
president,
then
issued Presidential
president
Proclamation
Gloria
1017
Macapagal-Arroyo
(GMA)
(PP1017)
to
and
is
be
implemented by General Order No. 5 (GO 5). The said law was aimed
to suppress lawlessness and the connivance of extremists to bring
down the government.
Pursuant to such PP, GMA cancelled all plans to celebrate EDSA
I and at the same time revoked all permits issued for rallies and other
public organization/meeting. Notwithstanding the cancellation of their
rally permit, Kilusang Mayo Uno (KMU)
stifle liberty.
Resolution by the SC on the Overbreadth Theory
First and foremost, the overbreadth doctrine is an analytical tool
developed for testing on their faces statutes in free speech cases.
The 7 consolidated cases at bar are not primarily freedom of speech
cases. Also, a plain reading of PP 1017 shows that it is not primarily
directed to speech or even speech-related conduct. It is actually a call
upon the AFP to prevent or suppress all forms of lawless violence.
Moreover, the overbreadth doctrine is not intended for testing the
validity of a law that reflects legitimate state interest in maintaining
comprehensive control over harmful, constitutionally unprotected
conduct. Undoubtedly, lawless violence, insurrection and rebellion
are considered harmful and constitutionally unprotected conduct.
Thus, claims of facial overbreadth are entertained in cases involving
statutes which, by their terms, seek to regulate only spoken words
the
President,
as
Commander-in-Chief, a
sequence of
graduated powers. From the most to the least benign, these are: the
calling-out power, the power to suspend the privilege of the writ of
habeas corpus, and the power to declare Martial Law. The only
criterion for the exercise of the calling-out power is that whenever it
becomes necessary, the President may call the armed forces to
prevent or suppress lawless violence, invasion or rebellion. And such
criterion has been met.
Resolution by the SC on the Take Care Doctrine
Pursuant to the 2nd sentence of Sec 17, Art 7 of the Constitution
(He shall ensure that the laws be faithfully executed.) the president
declared PP 1017. David et al averred that PP 1017 however violated
Sec 1, Art 6 of the Constitution for it arrogated legislative power to
(3)