AFP, PNP must ‘strictly’ impose state of nat’l emergency: Palace

Panelo said while the state of national emergency is deemed as the “most benign among the three extraordinary powers,” it can be used to stop terrorism and communism in the country. (File Photo: Office of the Presidential Spokesperson/Facebook)

MANILA — Strict enforcement of President Rodrigo Duterte’s declaration of a state of national emergency in the entire country must be followed by the Armed Forced of the Philippines (AFP) and the Philippine National Police (PNP), Malacañang said on Friday.

Presidential Spokesperson Salvador Panelo said the implementation of Proclamation 55, which was signed by Duterte on Sept. 4, 2016, would help maintain peace and order nationwide, especially since the more than two years of martial rule in Mindanao expired on Dec. 31, 2019.

Panelo said while the state of national emergency is deemed as the “most benign among the three extraordinary powers,” it can be used to stop terrorism and communism in the country.

“(State of national emergency) should remain imposed and strictly observed by the AFP and PNP to ensure the maintenance of law and order in all other parts of the country given that there remains the communist insurgency to reckon with, as well as there is yet a terrorist organization resurrecting to be crushed,” the Palace official said in a statement.

Proclamation 55 declares a state of national emergency on account of lawless violence in Mindanao.

The proclamation also mandates the military and the police to “undertake such measures as may be permitted by the Constitution and existing laws to suppress any and all forms of lawless violence in Mindanao and to prevent such lawless violence from spreading and escalating elsewhere in the Philippines.”

Panelo said the state of national emergency is “still in effect,” despite the expiry of martial law in Mindanao in December last year.

“Proclamation No. 55 was issued pursuant to the calling out power of the President,” he said. “Therefore, as long as the President deems it necessary to prevent or suppress lawless violence, invasion, or rebellion (such as at present times), then he is lawfully authorized to resort to this calling out power.”

The President declared martial law in Mindanao on May 23, 2017, following the siege of the Islamic State-linked Maute terror group in Marawi City in Lanao del Sur province.

In December last year, Duterte heeded the military ground commanders and Philippine security officials’ recommendation not to extend the martial rule in Mindanao, following the drop in crime incidents in the southern region.

Citing Article 7, Section 18 of the 1987 Constitution, Panelo said Duterte, as the Commander-in-Chief, has three extraordinary powers “[a] to call out the armed forces, [b] to place any part of the country under martial law and [c] to suspend the privilege of the writ of habeas corpus.”

“Given that the two other extraordinary powers (martial law and suspension of the privilege of the writ of habeas corpus) involve curtailment and suppression of civil rights and individual freedoms, they entail more stringent safeguards as they may be exercised only when there is actual invasion or rebellion, and public safety requires it,” Panelo said.

“Further, as compared to previous constitutions, the 1987 Constitution has imposed the following limitations in declaring the same, as ascertained by the Supreme Court: [a] an original period of sixty days; [b] a review and a possible revocation by Congress; and [c] a review and a possible nullification by the Supreme Court,” he added.

Panelo said while the “calling out” power is contained in the provision that sanctions the imposition of martial law and the suspension of the privilege of the writ of habeas corpus, it is “unique that it can be used independently without the participation of Congress.”

The Palace official added that the actual use of the “calling out” power “cannot be subjected to judicial review unless constitutional boundaries are violated.”

Panelo hoped that the public would cooperate with the government as it continues the imposition of a state of national emergency nationwide.

He also guaranteed that the current administration would not tolerate any abuses amid the implementation of Proclamation 55.

“The Office of the President asks the citizenry for their usual cooperation, even as we assure them that the government will not allow any abuse of their fundamental civil and political rights during this state of national emergency,” Panelo said.

On Dec. 31, or the same day when martial law in Mindanao ended, Defense Secretary Delfin Lorenzana ensured that peace and stability in the besieged region will continue to prevail.

AFP spokesperson, Brig. Gen. Edgard Arevalo also said the military would comply with the President’s directive stated in Proclamation 55.