State Of Rebellion

Supporters of deposed President Joseph Estrada stormed Malacañang, attacked policemen, set fire to vehicles and looted business establishments yesterday, prompting President Arroyo to declare a "state of rebellion" in Metro Manila.

Shortly after the state of rebellion was announced by Presidential Spokesman Rigoberto Tiglao before noon, the Department of Justice (DOJ) ordered the warrantless arrest of three senators and several police and military officers for rebellion.

President Arroyo said the government is also mulling the filing of charges against persons who financed the gathering of pro-Estrada forces at the EDSA Shrine.

A "state of rebellion" is not a legal term but a "statement of fact" and a "self-defense mechanism" of the State, Palace and justice officials explained.

It allows for warrantless arrests and for the military to be called in to restore order, short of declaring a state of emergency. Palace officials said the writ of habeas corpus will not be suspended and there will be no curfew.

A "state of rebellion" is unheard of in the legal community. Justice Secretary Hernando Perez, however, said the term "is just a statement of fact. Are we going to deny the fact that there is now a siege at Malacañang? That is the meaning of a state of rebellion."

"This is not just a demonstration. This is a rebellion," Tiglao said in a press conference at Malacañang. "I would like to assure the public that the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) are prepared to quell this rebellion."

In making the declaration, Tiglao said Mrs. Arroyo invoked powers vested unto her by the Constitution (Section 18, Article VII) and the Revised Penal Code (Article 134). The President read a provision of the Constitution which allowed her, as commander-in-chief, to call out the Armed Forces "whenever it becomes necessary… to prevent or suppress lawless violence, invasion or rebellion."

Article 134 defines rebellion as the act of "rising publicly and taking arms against the government for the purpose of removing from the allegiance to said government or its laws, the territory of the Philippines… or of depriving the Chief Executive or the Legislature, wholly or partially, of any of their powers or prerogatives."

"There is no state of emergency but we feel a rebellion exists and the law is clear on how to handle this," Tiglao said.

He stressed, however, that the state of rebellion would only be temporary and would be lifted as soon as the situation stabilizes.

"We just like to convey to our people that we’re not facing an ordinary demonstration. We’re facing a rebellion. So the president declared a state of rebellion," he added.

Perez said rebellion, which is a capital offense, is "a continuing crime and therefore this present rebellion shall continue until it is completely crushed."

Sen. Juan Ponce Enrile, one of the key figures whose arrest was ordered yesterday, said Mrs. Arroyo’s declaration of a state of rebellion was "evidence of nervousness" of the present administration.

Enrile denied having plotted with other opposition leaders the takeover of Malacañang by Estrada’s followers to force Mrs. Arroyo out of office.

PNP intelligence chief Senior Superintendent Reynaldo Berroya said the arrests were ordered in connection with the disturbance caused by Estrada loyalists just outside the Palace.

Two policemen and at least two other people were reported dead as some 20,000 Estrada loyalists, armed with rocks, clubs, knives, slingshots and home-made shotguns (locally known as sumpak) skirmished with police, Army and Marine troopers around the Palace.

The loyalists were dispersed shortly before noon after they set fire to several vehicles, including three television news vans and a backhoe, and broke shop windows. At least 12 policemen, Inquirer photographer Jess Yuson and 25 civilians were injured and 30 loyalists were arrested, police said.

President Arroyo herself made a brief televised statement and accused the opposition of plotting to overthrow her and establish a junta.

"The vandalism, robbery and injury and deaths are the work of these politicians," Arroyo said, looking exhausted after a second consecutive sleepless night.

"They should be blamed. It is clear that their theme is to bring down the legitimate government so... they would establish their own junta," the President added.

Belmonte backs Gloria declaration

Speaker Feliciano "Sonny" Belmonte Jr., for his part, expressed full support for Mrs. Arroyo’s decision to declare a state of rebellion.

"I am 100 percent behind her appreciation of the situation and her decision to declare a state of rebellion," Belmonte said.

He said the declaration may be legally debatable but it was an exercise of the right of the state to defend itself.

"It’s a step short of pronouncing a state of emergency, which has to pass Congress. The measure she has taken does not need congressional concurrence," he said.

But Belmonte expressed doubt that the President would consider declaring a state of emergency.

"She’s not planning to seek additional powers to enable her to restore peace in the metropolis," he said.

Meanwhile, opposition leader Edgardo Angara said the declaration of a state of rebellion is a "panicky" reaction to a mere expression of sentiments by Estrada loyalists.

"By no stretch of imagination could the Mendiola demonstration be called rebellion or sedition. This is bad for democracy," said Angara, one of the more moderate opposition candidates for senator.

He directed the legal staff of the opposition Laban ng Demokratikong Pilipino (LDP) to study what legal move they should take against the declaration.

"A state of rebellion is one of the bases for the declaration of a state of emergency. Once a state of emergency is declared, there could be warrantless arrests and press freedom could be curtailed," Angara said.

The Integrated Bar of the Philippines (IBP) urged the Arroyo administration to reconsider the declaration of a state of rebellion in Metro Manila as it appeared that there was no rebellion taking place, only a state of lawless violence and perhaps sedition.

Former Press Secretary Ricardo Puno Jr., another opposition candidate for senator, said he could not make a categorical statement on the declaration until he has seen the document.

At the same time, Puno said that if the declaration pertains only to Metro Manila, there could be no warrantless arrests outside the metropolis.

Angara and Puno said the May 14 congressional and local elections would likely push through but would put the opposition in a straitjacket. – With Delon Porcalla, Christina Mendez, Efren Danao, Jess Diaz