More militant groups to question CPR before SC

More militant groups questioned before the Supreme Court (SC) yesterday the legality of the Arroyo administration’s calibrated preemptive response (CPR) in dealing with mass actions.

Represented by the Free Legal Assistance Group (FLAG), the groups asked the High Tribunal to declare the CPR unconstitutional along with the "no permit, no rally" policy, which they said was based on Batas Pambansa No. 880, a martial law era-law now being used by the government to quell anti-Arroyo protests.

In a 31-page petition, the League of Urban Poor for Action (LUPA), Kilusan sa Pambansang Demokrasya (KDP), Youth for National Democracy, Teatrong Bayan, Kongreso ng Maralitang Lungsod, Bukluran ng Manggagawang Pilipino, Akbayan, Sanlakas, Partido ng Manggagawa also asked the Supreme Court to issue a temporary restraining order (TRO) to stop the implementation of the CPR.

The petitioners said BP 880 curtails the right of the people to peaceably assemble and to air their grievances by requiring a permit before the exercise of such right.

The petitioners said BP 880 is unconstitutional because it unduly delegates to the mayor the discretion to deny a permit "without clear standards."

They said the existence of a clear and present danger to public order, public safety, public convenience, public morals or public health or an imminent and grave danger of substantive evil were conflicting standards.

The petitioners said that BP 880 contravenes Section 4 of the 1987 Constitution which states that "No law shall be passed abridging the freedom of speech of expression, or of the press, or the right of the people to peaceably assemble and petition the government for redress of grievances."

"This provision makes any public assembly conducted without a permit an illegal public assembly and makes it subject to dispersal. What is more, the law provides criminal sanctions for leaders and organizers of a public assembly without a permit," the petitioners said.

Meanwhile, Justice Secretary Raul Gonzalez accepted yesterday the challenge of former Vice President Teofisto Guingona Jr. to a public debate on the CPR.

In a press conference, Gonzalez said he is ready anytime to face Guingona in a televised debate on the government’s new policy.

"The government has already been beaten to the pulp. They don’t want shields, they don’t want truncheons, now they don’t want water cannons. What do they want the government to do? Is the government totally.

But Gonzalez warned Guingona that he could be courting contempt raps if they push through with a formal debate since the Supreme Court has already taken over the matter after it received the complaint last Friday of militant and human rights groups seeking to nullify the government’s CPR and to prohibit dispersal of rallies without permit.

"He’s old enough to understand the consequences. I think we can be interviewed on TV. If we debate, we might be cited for contempt. We should just wait for the SC’s decision. It’s not the looks, it’s what is in the mind where there is substance," Gonzalez said.

Gonzalez admitted that the water cannons used against the rallyists last Friday might have been excessive.

He said, however, that protesters ultimately provoked the policemen to use water hoses by insisting on breaking through the police lines.

The rallyists, according to Gonzalez, seem bent on pushing the government against the wall and testing its resolve in implementing the CPR.

Gonzalez said the group of Guingona could become a threat to national security if they insist on crossing the police lines.

"I am appalled that it happened. That shouldn’t have happened. But I don’t condemn the action of those behind the water trucks. Had I been there at the ground, I would have invited him and escorted him to San Sebastian myself and left other protesters there. But they did not come in good faith," Gonzalez said, referring to rallyists.

Gonzalez said Guingona would be a worthy opponent in a debate, citing that the latter was a former second-highest ranking official as well as an erstwhile friend.

He said he was the first to nominate Guingona for vice president soon after Mrs. Arroyo replaced Joseph Estrada as president following EDSA II in January 2001.

Guingona was formerly close to Mrs. Arroyo, but they had a falling out following Arroyo’s decision to support the US-led invasion of Iraq.