David V.

Arroyo

Issue: Whether there is Legal Standing to sue President as respondent

Facts:

On February 24, 2006, as the nation celebrated the 20th Anniversary of the Edsa People Power
I, President Arroyo issued Presidential Proclamation (PP) 1017 and GO No. 5 as to implement
it.The reasons that the President stated for declaring such General Order to implement the
Presidential Proclamation were that over the past several months, elements in political
opposition have conspired with extreme left represented by NDF-CCP-NPA and military
adventurists. This presented a clear danger to the president as political opposition tried to oust
her as president and take over the government. On March 3, Presidential Proclamation 1017
was lifted by President Arroyo. The Solicitor General defended the basis of President Arroyo for
declaring PP 1017, was that the intent of the Constitution was to give the President full
discretionary powers in determining the necessity to call out the AFP. Notwithstanding the SG’s
contentions, the Magdalo group instigated the Oakwood mutiny and wearing or read bands on
their left arms to show disgust.

Simultaneously, Oplan Hackle I (plans of bombings and attacks on the PMA alumni
homecoming in Baguio, where the President was invited) was discovered. The next morning,
after the discovery of the plan, a bomb was discovered in the campus. Also, information was
intercepted by PNP Chief Arturo Lomibao regarding PNP-SAF members that are planning to
defect from the Arroyo administration, along with Congressman Peping Cojuanco who planned
out moves to bring down said administration. A large number of soldiers joined the rallies as
critical mass and armed components to anti-arroyo protests. Another factual basis after the
issuance of the Presidential Proclamation and General Order was the bombings of telephone
communication towers and cell sites in Bulacan and Bataan. These events show a clear and
present critical situation, leading the President to cancel all events related to EDSA People
Power I. Executive Secretary Mike Arroyo declared that warrantless arrest and takeover of
facilities can be implemented. One of these warrantless arrest was Randy David (Filipino
journalist, UP professor) , due to mistake of fact that he was a participant in the street rallies.
Also, Cong. Crispin Beltran (representative of Anakpawis party). The following facilities were
taken over: Seizure of Daily Tribune, Malaya and Abante (local news publications). This was
done, according to the PNP. to show a strong presence to tell media outlets not to connive or
help out rebels to take down the government.

Ruling:
No. It is stated that incidentally, it is not proper to implead President Arroyo as respondent.
Settled is the doctrine that the President, during his tenure of office or actual incumbency, may
not be sued in any civil or criminal case, and there is no need to provide for it in the Constitution
or law. It will degrade the dignity of the high office of the President, the Head of State, if he can
be dragged into court litigations while serving as such.Furthermore, it is important that she be
freed from any form of harassment, hindrance or distraction to enable him to fully attend to the
performance of his official duties and functions. Unlike the legislative and judicial branch, only
one constitutes the executive branch and anything which impairs his usefulness in the discharge
of the many great and important duties imposed upon him by the Constitution necessarily
impairs the operation of the Government.
However, this does not mean that the President is not accountable to anyone. Like any other
official, she remains accountable to the people but she may be removed from office only in the
mode provided by law and that is by impeachment.