Monday, January 16, 2017

What is there to fear about the declaration of state of lawlessness?


The declaration of state of lawlessness is considered the most benign of the military powers of the President of the Philippines. It is theoretical consequence is simple: because of the state of lawlessness, the President may call upon the armed forces to prevent or suppress lawless violence. The declaration gives the President only the authority to delegate to the armed forces official functions that are properly considered as police matter.

The limitations of the calling-out power have been defined by the Supreme Court in David v. PGM, G.R. No. 171396, May 3, 2006: Under the calling-out power, the President may summon the armed forces to aid him in suppressing lawless violence, invasion, and rebellion. This involves ordinary police action. But every act that goes beyond the President’s calling-out power is considered illegal or ultravires.

In the same case, the Supreme Court said that the calling-out power cannot validate any of the following acts: (a) arrests and seizures without judicial warrants; (b) ban on public assemblies; (c) take-over of news media and agencies and press censorship; and (d) issuance of Presidential Decrees, as they are powers which can be exercised by the President as Commander-in-Chief only where there is a valid declaration of Martial Law or suspension of the writ of habeas corpus.

So technically, there is nothing to fear in the President’s declaration of state of lawlessness. Under the situations contemplated by the Constitution, ordinary citizens have nothing to fear about the declaration.

But of course, everything that the Constitution says about the declaration is theoretical. The efficacy of its scope and limitations depends upon the commitment of the sitting President to abide with the mandate of the Constitution. This is the most important thing about constitutional limitations to the vast powers of the Chief Executive. Can anyone honestly trust the President to honor the constitutional limitations on his powers?

To say that critics dislike the declaration because they do not like the President who made it is gratuitously biased. It is in the Filipino psyche to receive any declaration involving the military with suspicion. Our long history with martial rule and the abuses committed during the time constantly sends chill to most of us whenever news about military’s mandate to explore the city and the countryside with their guns hit the headlines. It may be that we have unresolved collective trauma about people with guns and the power vested upon them to decide whom to kill or allow to live. Or, there is that imagined monster behind the men in uniforms depicted in the propaganda of the extreme left that put us on guard every time massive troop movements are ordered from above.

At times when the culture of impunity is spreading, the fear that the declaration will bolster the reckless to continue their rampage against human rights in the name of peace and order cannot be belittled.  Thus, while the power to call upon the military to suppress lawless elements is not denied the Commander-in-Chief, it should also be that the right to put the exercise of such power under scrutiny be not denied to the people.  

It is good to feel fear once in a while. May the mighty do not stop us from feeling so. Fear makes us human…and keeps us safe sometimes.  

  

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