President Rodrigo R. Duterte’s authority under the declaration of state of lawlessness is limited to summoning armed forces to suppress violence “through ordinary police action,” according to Integrated Bar of the Philippines president Rosario T. Setias-Reyes.
In a text message to the Inquirer, Reyes cited two Supreme Court decisions that defined the limits of the President’s power under Section 18, Article VII of the 1987 Constitution.
Reyes said that under the President’s exercise of the “calling-out” power, “the authority of the President appears to be limited only to the summoning of the armed forces to assist in the suppression of lawless violence, invasion or rebellion through ordinary police action.”
“Any act beyond it shall be considered illegal or ultra vires,” said the leader of the country’s mandatory bar organization.
She recalled the 2006 SC ruling in the case of David v Arroyo, which declared unconstitutional several acts during the “state of national emergency” declared in the aftermath of a supposedly foiled coup attempt.
The said ruling hit the warrantless arrest of Prof. Randolf S. David and Ronald Llamas, the dispersal of the rallies and the warrantless arrest of Kilusang Mayo Uno members, the imposition of standards on media, and the warrantless search of the Daily Tribune offices.
At the same time, Reyes noted the 2000 SC ruling in the case of IBP v Zamora, which provided the only criterion for exercising the “calling-out” power of the President.
This criterion is: “whenever it becomes necessary … to prevent or suppress lawless violence or rebellion.”
“Owing to the vast intelligence network of the Office of the President, he or she is in the best position to determine the actual condition of the country,” Reyes said.
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