Jesus M Elbinias
TRUE or not, NPA spokesman Gregorio Rosal’s denial that there was an alliance between the military rebels and the communist insurgents in the country, it doesn’t matter, as the activities of our communists that will effect the country’s peace and economy, particularly American interests in this part of the world, would be a factor to be considered in determining whether the US Pentagon would extend a helping hand to prevent the destabilization of our government by any of its enemies, be they the military rebels, the communists, or the political opposition. The Philippines will always have to have the US as our ally. We might be ridiculed as a nation of people still wrapped up with a colonial mentality. But we have to depend on the US in technology, and war power too.
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Judging how the police, military, and other peace and order authorities showed their prowess and efficiency in attending to their functions and responsibilities during all the time that the Proclamation 1017 was in effect before it was lifted, there would have been no necessity for that proclamation to be declared. What those authorities can do under 1017, they can also do with such proclamation withdrawn now, so long as they adhere to the provisions of the Constitution, as well as the rules in the Revised Penal Code and the Criminal Procedure. Now. This is so by applying all those provisions and rules to prevent the impending events causing the emergency. Even if 1017 has been lifted, the authorities can do their functions as before, so long the above conditions are met.
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There is no need for the Supreme Court to rule on the validity of 1017. It should be what actions were to be done under this proclamation that would be the basis to determine the validity or vice-versa as being violative of the Constitution. The declaration that the nation is in a state of emergency is simply a statement of fact of what the present situation of the nation is, that’s all. 1017 does not provide rules or regulations on what should be done. If during the effectivity of 1017 and before it was lifted, some action was taken by the police and military not in violation of the Constitution and the action has conformed to the Revised Penal Code and the Rules of Criminal Procedure, then it cannot be said that the actions were illegal and therefore that should make 1017 invalid.
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Now, here is an ambiguous word that should be interpreted by anyone who is going to use it. The word is "protest." DoJ Sec. Gonzales has been evaluating the transcript of ABS-CBN’s coverage of the Feb. 26 standoff among the marines at the Marine headquaters in Fort Bonifacio. If waranted, sedition charges will be filed against anyone who had something to do with the coverage. This means, anyone of the media involved in that coverage. It is clear that in that coverage the Medal of Valor awardee Col. Ariel Querubin led his men in protest against the relief of then Marine commandant Maj. Gen. Renato Miranda. If ABS-CBN media people who covered Querubin while protesting on Miranda’s relief are chargeable. Then where’s our free expression to protest?
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