Palace defends Mindanao state of emergency

MANILA, Philippines — Malacañang has justified President Duterte’s decision to keep Mindanao under a state of emergency even though martial law has been lifted.

Presidential spokesman Salvador Panelo said Mindanao would remain under a state of emergency to address continuing threats of terrorism and communist insurgency as well as to maintain peace and order in the region.

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

“As long as the President deems it necessary to prevent or suppress lawless violence, invasion or rebellion... he is authorized to resort to this calling out power,” he said.

Panelo said declaring a state of emergency is among the extraordinary powers of the President under Article 7, Section 18 of the 1987 Constitution.

“While this calling out power is contained in the same provision which sanctions the imposition of martial law and the suspension of the privilege of the writ of habeas corpus, the same is unique in that it can be used independently without the participation of Congress and its actual use cannot be subjected to judicial review unless constitutional boundaries are violated,” he said.

The President declared a state of emergency under Proclamation 55, which he issued on Sept. 4, 2016. Duterte cited the spate of violence and lawless acts in the region, including the bombing at a night market in Davao City that left 14 people dead and more than 60 others wounded.

Panelo said the declaration should remain in effect and strictly observed by the police and military to maintain law and order.

‘Generally peaceful’ 

Meanwhile, Armed Forces of the Philippines chief Gen. Noel Clement said the situation in the region has been generally peaceful since  martial law was lifted last Tuesday.

“There has been no major incident so far,” Clement said, adding that the military is coordinating with local government units to prevent violence.

He said the military is confident that it made the right decision not to recommend the extension of martial law in Mindanao.

The President declared martial law on May 23, 2017 after Maute militants and Abu Sayyaf bandits attacked Marawi City. 

Martial law lasted for two years and seven months after three extensions.

“Upon the recommendation of the security sector the President decided... not to ask for another extension,” Defense Secretary Delfin Lorenzana had said. – With Michael Punongbayan