In the case at bar the militarys involvement in the lives of the peoples in the occupied barangays can hardly be classified as benign or permissible. For one, there are no guidelines whatsoever for such deployment. Petitioners who are most seriously affected by their presence were not provided with a definition of the soldiers mandate in the civilian communities nor the parameters of their stay thereat. The same insensitive treatment was given the people at large. Nothing was said about it; no one is willing to tell what the militarys actual purposes are leaving the civilian government, including the barangay officials, in the dark. There are no metes and bounds by which to rein in the armed forces present in the affected neighborhood rendering possible civilian intervention inutile. Under this circumstance of secrecy and veiled intentions, what is there to expect but an armed force running roughshod over basic libertiesas in fact it had when it engaged in partisan political activities.
Thus there is totally no opportunity to appropriately circumscribe the activities of the military since their basis, purpose and authority are not clear. Thus the troop deployment can not be limited because there are no metes and bounds within which they may be defined. Even Malacanang, which is officially the civilian government, admits to have no control or information on the deployment.
In a report by Paolo Romero of the Philippine Star, Exec. Sec. Ermita when asked whether Pres. Arroyo would allow the continued presence of troops in Metro Manila was quoted as saying we are leaving that to the Armed Forces appealing to the media not to drag the palace into the issue [Attached as Annex R is a copy of the Report in the ABS CBN Website dated May 3, 2007].
What petitioners feel more damaging to the respondents, and dangerous to civil liberties and human rights, is the Executives lack of knowledge, supervision and control over the deployment [Please see Annex R].
Chief Presidential Legal Counsel Sergio Apostol said troop deployment in urban areas, particularly in Metro Manila would not be illegal if the soldiers would only be conducting training for civil and military operations.
It will only be illegal if there would be violence or crime involving soldiers, he said. However, Apostol said the troops cannot stay there indefinitely or that would be something else.
If the soldiers are deployed for a long time that would be another matter, he said. There should be definite and public timeframe in the deployment, he added.
The executive department claims that it is not aware of the time frame for the deployment. Pres. Arroyo, who should supposedly decide on the existence of lawless violence, or at least whether the deployment is necessary cannot be ignorant of the reason, nor the time required or necessary to face the supposed threat which formed the basis for calling out the troops. The executive cannot leave to the AFP the decision when to pull out. These admissions further show the lack of civilian authority over the entire exercise.
That the civilian population in these barangays fears the military is clear. Some Barangay officials, who would normally voice out the sentiments of their constituents, now tow the line of the military, thus allowing, abetting even authorizing where no authority exists, the soldiers to encroach their barangay halls and communities. That the soldiers dictate on civilians who to vote and who not to vote for in the 2007 elections is far, far worse.
II. The ORDER, issued unilaterally by respondents, to deploy the soldiers was not pursuant to an order of the Commander-in-Chief through her calling out powers and, therefore, said Order and the actual deployment violated Sec. 18 Art. VII of the Constitution. The Respondents do not have the power or the discretion to unilaterally deploy the troops in Metro Manila.
In the alternative, even if it was implemented upon the orders of Pres. Gloria Arroyo as commander-in-chief, such Order constitutes a grave abuse of discretion on the part of Pres. Arroyo since there is no lawless violence, invasion or rebellion in Metro Manila or a threat thereof, that should form the constitutional basis for the said Order.
The armed forces cannot unilaterally decide to deploy troops in the national capital region. The deployment cannot even be justified under the calling out powers of the commander in chief outlined in Sec. 18, Art. VII of the Constitution, because the commander in chief herself claims ignorance of their deployment.
2007 Elections
