Lagman says state of lawlessness may lead to martial law

ALBAY Rep. Edcel Lagman on Monday said there was no necessity for President Rodrigo Duterte to declare a state of lawlessness following the blast in Davao City’s Roxas Avenue night market that claimed 14 lives.

In an interview, Lagman also warned that the declaration of lawless violence may pave the way for the declaration of martial law and the suspension of writ of habeas corpus.

“It is not legally necessary to make a declaration of lawless violence. Even without that declaration, we are sending wrong signals. It would alarm the people that there could be a tendency of the president exercising extraordinary powers under the Constitution, like the declaration of martial law or suspension of writ of habeas corpus,” Lagman said.

Lagman said there is no lawless violence in the rest of the country for Duterte to make such declaration.

“It sends the wrong signal because the coverage was the entire Philippines. It would appear the entire country is under the scenario of lawless, which is not a fact. The factual setting is an overwhelming portion of the country is peaceful and there is no lawless violence,” Lagman said.

Lagman fears that the declaration could result in a spate of warrantless arrests like what happened when former president Gloria Macapagal-Arroyo declared a state of national emergency in 2006.

In that year, Arroyo ordered the military and police to prevent and suppress acts of terrorism and lawless violence in the country. She claimed there was an attempt by communist rebels and rival politicians to unseat and assassinate her.

Following Arroyo’s declaration of national emergency, police arrested Anakpawis Rep. Crispin Beltran and Bayan Muna Representative Josel Virador.  Newspaper columnist and UP Professor Randy David and then Akbayan president Ronald Llamas were also arrested after a dispersal of a rally. Anakpawis Representatives Satur Ocampo and Rafael Mariano, Bayan Muna Representative Teodoro Casino and Gabriela Representative Liza Maza eluded arrest.  Police also raided the opposition papers Daily Tribune, Malaya and Abante.

Arroyo lifted the state of national emergency one week later.

READ: States of rebellion, emergency under Arroyo administration

“When you declare a state of lawlessness, this could lead to abuses on political, civil and human rights in the implementation of the declaration, like what happened when former president Gloria Macapagal-Arroyo declared a state of lawlessness, and it spawned unwarranted illegal arrests, which the Supreme Court no less debunked as illegal,” Lagman said.

Lagman said while Duterte’s declaration was not tantamount to a declaration of martial law, it could pave the way for an eventual imposition of martial rule and suspension of writ of habeas corpus that was reminiscent of the atrocities of the late dictator former president Ferdinand Marcos.

“It’s completely different from the declaration of martial law or suspension of writ of habeas corpus. But what I’m saying is it created an alarming atmosphere among our people that there could be a predisposition that the next step is declaration of martial law or suspension of writ of habeas corpus,” Lagman said.

“We should not go back to martial law regime of the late president Marcos, which spawned atrocities of human rights violations and inordinate plunder of the economy,” Lagman added.

Lagman’s brother Hermon, a human rights lawyer, was a victim of enforced disappearance during the martial law regime. Lagman had opposed the burial of Marcos at the Libingan ng mga Bayani.

READ: Lagman on Marcos burial: Libingan for heroes, not for plunderers

Lagman said Duterte will not be getting additional powers after declaring a state of lawlessness.

He also warned:”If we are addressing this spate of lawlessness because of the drug menace, then the lawlessness is created by extrajudicial killings attributed to police authorities and civilians and cohorts. I would say that state violence would engender or beget violence from non-state actors.”

“We should not create a culture of violence,” he added.

READ: What is state of lawless violence?

In declaring the state of lawlesness, Duterte called on the military to help the police in running the country and protect the citizenry due to the suspected involvement of the Abu Sayyaf bandit group in the blast. He also cited the drug situation and the spate of extrajudicial killings of drug suspects unfairly attributed to the police.

Duterte said that he is not declaring martial law and is not suspending the writ of habeas corpus.

According to Section 18 of Article VII of the Constitution that explains the powers of the executive, the president as commander-in-chief of all armed forces may call out if necessary “such armed forces to prevent or suppress lawless violence, invasion or rebellion.”

In the same section, the charter said in case of invasion or rebellion and if public safety requires it, the president may suspend the writ of habeas corpus or declare martial law. Congress voting jointly may revoke the martial law proclamation or suspension of writ of habeas corpus. The Supreme Court may also review such proclamation upon the filing of a petition by a concerned citizen.