Senator Risa Hontiveros INQUIRER FILE PHOTO / RICHARD A. REYES
Senators on Saturday condemned the bloody explosion in Davao City that killed 15 civilians and injured 71 others but reminded the Duterte administration to be prudent in declaring a state of lawlessness as it might cause panic among the public.
Senate President Pro-Tempore Franklin Drilon in a statement said: “I condemn in the strongest terms the dastardly act of killing and wounding innocent civilians. But I see it as an isolated incident.”
Drilon said he does not see a widespread lawless violence in the country to justify President Rodrigo Duterte’s declaration ordering the Armed Forces of the Philippines (AFP) to suppress threats.
“(But) I defer to the judgment of the President who has access to intelligence information,” he said.
“The President, however, must be prudent in such declaration because of its effect on our economy, investment and business climate, especially our tourism. Under our Constitution, a declaration of lawless violence has no implication on civil liberties,” he said.
Drilon added that the Malacañang should clarify the parameters of the declaration “to allay the fears of our people.”
READ: Confusion, unease over Duterte’s declaration of ‘state of lawlessness’
For her part, Senator Risa Hontiveros deplored the “act of violence” and expressed support the government’s move to “identify and punish the perpetrators of this atrocious crime.”
“Together with the Filipino people, I grieve with the families of the victims of the attack in Davao Friday night. I fully condemn this act of violence and support the full extent of the law to identify and punish the perpetrators of this atrocious crime,” Hontiveros said.
READ: Dela Rosa: We won’t be cowed by this act of terrorism
The neophyte senator also lauded the swift response of President Duterte on the incident. Few hours after the explosion hit the crowded night market along Roxas Avenue in Davao City, Duterte went to the Davao City Police to check the situation there and later visited the victims of the blast.
“I welcome the swift response of President Duterte on this matter. I also laud him for finally admitting that the country is in a crisis involving unresolved cases of extrajudicial killings,” she said.
But like Drilon, Hontiveros raised concern over Duterte’s declaration of a state of lawlessness all over the country, pointing out that contrary to the President’s instructions, the military cannot in any legal and constitutional sense, run the country.
“President Duterte’s declaration of a “state of lawlessness” should be merely an act declaring a status or condition of public moment or interest, a declaration allowed under Section 4 Chapter 2, Book II of the Revised Administrative Code of 1987, which provides: Section 4. Proclamations. Acts of the President fixing a date or declaring a status or condition of public moment or interest, upon the existence of which the operation of a specific law or regulation is made to depend, shall be promulgated in proclamations that shall have the force of an executive order,” Hontiveros said.
“The Supreme Court said that declarations of such nature should be “harmless, without legal significance, and deemed not written. The “Calling Out Powers” of the President under Sec 18, Article VII should be limited in scope. The President shall only deploy the Armed Forces to suppress the identified acts of violence, which serve as factual basis for the Calling-Out Power,” the Senator said.
The declaration, according to the lady senator, cannot give the military and the police extra powers.
“They still cannot conduct arrests, searches and seizures without judicial warrants. Contrary to the President’s instructions, they cannot, in any way and in any legal and constitutional sense, run the country,” she said.
Hontiveros said Duterte should be aware that this move may contribute to an environment of fear and violence that will serve the interests of lawless elements.
“The President might have intended this declaration to underscore the seriousness of the Davao attack. But he should be aware that his actions may very well contribute to an environment of fear and violence that will serve the interests of lawless elements. I worry that the President might play to the script of the perpetrators of the violence,” she said.
“I urge the Duterte government to continue to operate within the bounds of the law and respect the civil liberties of the people. We cannot fight lawless elements by depriving our people their right to the rule of law,” Hontiveros said.
“Lastly, I urge my fellow Filipinos, especially our Mindanaoan sisters and brothers, to remain vigilant and be united in these trying times. We will not cower in fear,” she added. IDL