Law Summary

Introduction

This General Order, issued by President Gloria Macapagal-Arroyo, directs the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to take immediate action against acts of terrorism and lawless violence in Mindanao.

Context and Justification

• Current Threat Level: The document highlights a pressing security situation in Mindanao, marked by bomb attacks in General Santos City and Cotabato City, leading to loss of lives and property damage.
• Defiance of Authority: Lawless elements are noted to be operating in open defiance of government authority, necessitating immediate government intervention.
• Presidential Authority: The President, as the Commander-in-Chief, possesses the constitutional authority to mobilize armed forces to maintain peace and order.

Legal Basis

• Constitutional Reference: The order is grounded in Article VII, Section 18 of the Philippine Constitution, which grants the President the power to call upon armed forces in times of emergency.

Directives to Armed Forces and Police

• Immediate Action Required: The AFP and PNP are mandated to prevent and suppress terrorism and lawless violence in Mindanao.
• Implementation Responsibility: The Chief of Staff of the AFP and the Chief of the PNP, along with their officers and personnel, are tasked with executing necessary actions to enforce this order.

Rights Consideration

• Constitutional Rights Safeguarded: The order emphasizes that all actions taken must respect the constitutional rights of individuals, ensuring that enforcement does not infringe upon civil liberties.

Adoption and Authority

• Date of Adoption: The General Order was officially adopted on May 9, 2002.
• Signatory Authority: Signed by President Gloria Macapagal-Arroyo and executed by Executive Secretary Alberto G. Romulo.

Key Takeaways

• The General Order empowers the AFP and PNP to act decisively against terrorism in Mindanao while safeguarding constitutional rights.
• It emphasizes the urgent need for government intervention in response to ongoing threats to public safety.
• The legal authority for this order is derived from the Philippine Constitution, underscoring the President's role as Commander-in-Chief.

This summary provides a structured overview of OP General Order No. 2, outlining its legal foundation, directives, and considerations related to the protection of constitutional rights amidst efforts to combat lawlessness and terrorism in Mindanao.