Law Summary

Background of Proclamation

• The proclamation addresses the ongoing lawless violence in Mindanao, characterized by:
  • Activities of private armies, local warlords, bandits, criminal syndicates, terrorist groups, and religious extremists.
  • Recent violent incidents including abductions, hostage-takings, murders, bombings, robberies, extortions, and attacks on military outposts.

Recent Violent Incidents

• Significant violent events leading to the proclamation include:
  • The death of 15 soldiers in a skirmish with the Abu Sayyaf Group on August 29, 2016.
  • A bombing incident in Davao City on September 2, 2016, resulting in 14 deaths and 67 injuries, attributed to unidentified lawless elements.

Justification for Proclamation

• The proclamation highlights:
  • The audacity of armed groups in defying the rule of law and undermining government efforts for peace and economic development.
  • Credible threats of further violence based on government intelligence reports.

Presidential Authority and Actions

• Under Section 18, Article VII of the Philippine Constitution:
  • The President, as Commander-in-Chief, has the authority to call out armed forces to prevent or suppress lawless violence.
• The proclamation commands:
  • The Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to take necessary measures to combat lawless violence.
  • Any actions taken must respect the fundamental civil and political rights of citizens.

Duration of Proclamation

• The state of national emergency declared by this proclamation:
  • Will remain in effect until lifted or withdrawn by the President.

Signatories

• The proclamation is officially signed by:
  • President Rodrigo Roa Duterte.
  • Executive Secretary Salvador C. Medialdea.

Key Takeaways

• A state of national emergency has been declared due to lawless violence in Mindanao, allowing for military and police action.
• The President is empowered to act under constitutional authority to suppress violence while respecting civil liberties.
• The proclamation remains in effect until the President decides to lift it, emphasizing the government's commitment to restore order and safety.