THE Department of Interior and Local Government (DILG) yesterday said it was President Rodrigo Duterte’s way of asking the Armed Forces of the Philippines (AFP) to assist the Philippine National Police (PNP) in suppressing lawlessness and violence.
DILG 7 Director Rene Burdeos was referring to Duterte’s declaration of a nationwide “state of lawless violence” in the aftermath of last Friday’s night’s deadly bombing in Davao City that left 14 dead and more than 60 wounded, as of press time.
Burdeos said that in 2003, former president Gloria Macapagal Arroyo also declared a state of emergency to stop lawlessness.
“No limit as to period (of the state of lawlessness),” he said.
Rep. Ramon Durano VI condemned last Friday night’s terrorist attack and called for the immediate dispensation of justice.
Law compliant
“The presidential declaration of ‘state of lawlessness’ is in conformity with existing laws. It is a just and prudent act. It only enhances the ability of the President to maximize law enforcement within the area concerned,” Durano said.
For his part, Rep. Raymond Democrito Mendoza of TUCP Party-List said that Duterte is just being prudent in defending the integrity of the republic and the peace in the face of extremist violence.
“He has asked the military to assist the police in securing public places and checkpoints will go up to intercept arms and bombs and to deter terrorist movement,” Mendoza said.
“The civilian government is still superior and in-charge of the military. The writ of habeas corpus is still enjoyed by all, and warrantless arrests and searches and seizures without warrants are not allowed. Let us support the President because we do not know if these terrorists are already among our midst,” Mendoza added.
Atty. Elijah Sarausad, a law professor and bar top-notcher of the University of Cebu, said the declaration is different from martial law or suspension of writ of habeas corpus.
“It is connected with the President’s power as commander-in-chief of the AFP and his power to call out the AFP to suppress lawless violence, under Article VI, Section of the 1987 Constitution,” Sarausad said.
Military visibility
“What this means, in practice, is that we may expect more visibility of the AFP on the streets like joint operations with the police like putting up checkpoints,” he said.
Sarausad said Arroyo declared a national emergency after the Ampatuan massacre in 2009 but the declaration was limited to the area, unlike now, which is national in scope.
“This is actually my first time to hear the phrase declaration of the state of lawlessness,” he said.
He said the President, as commander-in-chief, is using his power to command the military to suppress lawless
violence.
“As to limitations, this should not affect all civil and political rights and not the same with martial law and suspension of writ of habeas corpus. Thus, civilian authority is still supreme over the military. The military may just be expected to assist the police,” Sarausad said.
Atty. Nilo Ahat said that because of the principle of civilian supremacy over the military, the declaration of the President is still subservient to the Bill of Rights.
“In other words, the Bill of Rights still stands to limit the extent of this declaration of state of lawlessness,” Ahat said.
Atty. Rex Fernandez, the legal officer of the Duterte-Cayetano Movement during the last campaign period, said that the declaration means there are lawless elements sowing terror around the country.
“It just gives the military policing powers,” Fernandez said.
Civil rights intact
Atty. Alan Fontanosa said that he does’t think civil rights have been suspended as a result of the declaration.
“But the police must be given more power to check and frisk individuals and inspect houses if suspected to be part of lawless elements,” Fontanosa said.
Atty. Joan Largo said a state of lawlessness, like state of emergency, is a determination by the President of a particular status or condition of the country.
Largo, dean of the University of San Carlos College of Law, said the decision is just declaration of a status or condition.
“When the President determines, based on information available to him, that lawlessness exists, he may call out the armed forces to prevent or suppress this lawless violence. What this means is that the military may render assistance to put a stop to the existing lawless violence,” said Largo.