THE declaration of the state of lawless violence is a “calling out” power of the President to the Armed Forces of the Philippines (AFP) to suppress lawlessness and violence, the Department of Interior and Local Government (DILG) said Saturday, September 3.
DILG-Central Visayas director Rene Burdeos made the statement in reaction to the declaration by President Rodrigo Duterte of a national state of lawlessness in the aftermath of a bombing in Davao City where 14 died and 67 were wounded.
Burdeos said in 2003, former President Gloria Macapagal Arroyo declared a state of emergency to stop lawlessness.
“No limit as to period (of the state of lawlessness),” Burdeos said.
Lawyer Elijah “Jack” Sarausad, a law professor and bar topnotcher of the University of Cebu, said the declaration is totally different from martial law or suspension of writ 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.
“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,” Sarausab added.
Lawyer Nilo Ahat said that because of the principle of civilian supremacy over the military, such 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.
Representative Ramon “Red” Durano VI condemned such barbaric acts and calls for the immediate dispensation of justice.
“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.
Lawyer Joan Largo said that a state of lawlessness, like state of emergency, is a determination by the President of a particular status or condition of the country or parts thereof.
Largo, dean of the University of San Carlos College of Law, said that such decision is just a 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.