A Collaboration with University of Pittsburgh   

Philippines high court upholds state of emergency proclamation

[JURIST] The Supreme Court of the Philippines [official website] on Wednesday ruled that the state of emergency decree [Proclamation 1017 text] issued by Philippines President Gloria Macapagal-Arroyo [official website] in February was constitutional, but struck down portions of the proclamation and its implementing order [GO 5 text] authorizing the military to "enforce laws not related to lawless violence." In an 11-3 decision [text], the high court upheld Arroyo's right to declare a state of emergency, but said that Arroyo exceeded her authority by allowing the military to make warrantless arrests and raid media outlets. Arroyo declared the state of emergency [JURIST report] after discovering a coup [JURIST report] attempt in February; the proclamation was lifted [JURIST report] a week later.

The Philippines Supreme Court has issued several decisions in recent weeks concerning the scope of Arroyo's powers. Last month, the court struck down [JURIST report] an executive order [text] preventing government officials from being questioned in investigations against Arroyo regarding alleged vote-rigging and election fraud [JURIST report] in 2004. A week later, the court voided [JURIST report] Arroyo's policy of breaking up unauthorized demonstrations by force. Reuters has more. The Manila Times has local coverage.

Support JURIST

We rely on our readers to keep JURIST running

 Donate now!

About Paper Chase

Paper Chase is JURIST's real-time legal news service, powered by a team of 30 law student reporters and editors led by law professor Bernard Hibbitts at the University of Pittsburgh School of Law. As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible format.

© Copyright JURIST Legal News and Research Services, Inc., 2013.