The government’s lawyer on March 7th was hard pressed defending the legality of Proclamation 1017 before the Supreme Court.

The Court heard arguments on the petition questioning the presidential proclamation, which embodied the declaration of a state of national emergency.

President Arroyo declared the emergency on February 24 following the discovery of a plot to force her out. The emergency lasted a week.

Associate Justice Romeo Callejo asked Solicitor General Alfredo Benipayo, who represents the government, why the President declared a state of emergency and not a state of rebellion.

Benipayo said there was no rebellion existing at that time but that there was a threat to commit it.

If that is the case, the charges filed against six party-list representatives should have been conspiracy to commit rebellion, Callejo said.

Callejo, a criminal law expert, also questioned the arrests made by the police invoking rebellion as a continuing offense.

Relying on that principle, police arrested Anakpawis Rep. Crispin Beltran without a warrant and charged him with rebellion.

"That’s queer. He was arrested for inciting to sedition but was inquested for rebellion. I am at a loss here," Callejo said.

Benipayo said Beltran faced two charges of rebellion. "Why was he charged with two charges of rebellion when rebellion is a continuing crime?" Callejo asked. "I don’t know," Benipayo answered.

Senior Associate Justice Reynato Puno also questioned Benipayo about the arrest of Prof. Randy David. "What were the findings [on his arrest]? Whom did he incite?" Puno asked.

Puno and the other justices also questioned the validity of the raid on the office of the Daily Tribune.

Benipayo admitted that there was no search warrant or prior permission from its owners to search the premises.

The oral arguments on Tuesday lasted 10 hours.