OMALAHOKAN
“State of Emergency”
by Atty. Francisco D. Yap

Under our 1987 Constitution, Art. Vll, Section 18, “The President shall be the Commander in Chief of all Armed Forces of the Philippines AND WHENEVER NECESSARY, HE MAY CALL OUT SUCH ARMED FORCES TO PREVENT OR SUPPRESS LAWLESS VIOLENCE, INVASION OR REBELLION.

Pursuant to this provision of the Constitution, President Duterte, issued a Proclamation declaring the whole country under the State of Emergency after the bombing of Davao City, and called our armed forces, such as the Philippine National Police, the Armed Forces of the Philippines, the Philippine Army, Navy and Air Force, and the National Bureau of Investigation, and other enforcement agencies of the government.

It is important to note that the grounds for a declaration of a state of emergency is that “WHENEVER IT BECOMES NECESARRY” , the President may call the armed forces “to prevent or suppress lawless violence, invasion, or rebellion”. There need not be any existence of the requirement that “public safety requires it, as in the declaration of the suspension of the writ of habeas corpus or martial law.

Hence, NO ADDITIONAL POWERS ARE GIVEN TO PRESIDENT. PERIOD. The main effect of a declaration of a state of emergency is that the Army is tasked to perform the functions of a peace officer or that of policemen to enforce the law, maintain peace and order, engaged in anti drug enforcement and apprehension of criminals.

President Duterte extends his self impose limit of 6 months to eliminate drug dealers, pushers and users.

I hope President Duterte enforces his anti corruption campaign like the way he conducted his anti drug campaign, including extrajudicial killings.

Corrupt officials and drug dealers are not entitled to human rights protection because they are not human beings...... they are MONSTERS - an imaginary creature that is typically large, ugly, and frightening.


HTML Comment Box is loading comments...