Tuesday, September 6, 2016

Philippine Pres. Duterte Signs Law Allowing Arrest w/o Warrant

Philippine Pres. Duterte Signs Law Allowing Arrest w/o Warrant

Updated 52 minutes agoTaken at Malacañang Palace
MANILA, PHILIPPINES (9/6)- Tensions mount in the Philippines as President President Rodrigo "Rody" Dutertesigned a proclamation allowing for the arrest of people without a warrant. The statement states:

WHEREAS, Mindanao has had a long and complex history of lawless violence perpetrated by private armies and local warlords, bandits and criminal syndicates, terrorist groups, and religious extremists;

See: http://www.gov.ph/2016/09/04/proclamation-no-55-s-2016/

WHEREAS, in recent months, there has been a spate of violent and lawless acts across many parts of Mindanao, including abductions, hostage-takings and murder of innocent civilians, bombing of power transmission facilities, highway robberies and extortions, attacks on military outposts, assassinations media people and mass jailbreaks;

WHEREAS, the valiant efforts of our police and armed forced to quell this armed lawlessness have been met with stiff resistance, resulting in several casualties on the part of government forces, the most recent of which was the death of 15 soldiers in a skirmish with the Abu Sayyaf Group in Patikul, Sulu on 30 August 2016;

WHEREAS, on the night of 2 September 2016, at least 14 people were killed and 67 others were seriously injured in a bombing incident in a night market in Davao City, perpetrated by still unidentified law less elements;

WHEREAS, the foregoing acts of violence exhibit the audacity and propensity of these armed lawless groups to defy the rule of law, sow anarchy, and sabotage the government’s economic development and peace efforts;

WHEREAS, based on government intelligence reports, there exist credible threats of further terror attacks and other similar acts of violence by lawless elements in other parts of the country, including the metropolitan areas;

WHEREAS, under Section 18, Article VII of the Constitution, the President, as the Commander-in-Chief of all armed forces of the Philippines, may call out such armed forces whenever it becomes necessary to prevent or suppress lawless violence.

NOW THEREFORE, I, RODRIGO ROA DUTERTE, President of the Republic of the Philippines, by virtue of the powers vested upon me by Section 18, Article VII of the Philippine Constitution, do herby proclaim a state of national emergency on account of lawless violence, and hereby command the Armed Forces of the Philippines and the Philippine National Police to undertake such measures as may be permitted by the Constitution and existing laws to suppress any and all forms of lawless violence in Mindanao and to prevent such lawless violence from spreading and escalating elsewhere in the Philippines, with due regard to the fundamental civil and political rights of our citizens.

This proclamation of a state of national emergency on account of lawless violence shall remain in force and effect until lifted or withdrawn by the President.

Presidential Communications (Government of the Philippines) issued a statement on the proclamation saying only,"The declaration is limited such that he can only call out the armed forces to suppress the lawless violence.
It is a different case from the existence of invasion or rebellion. Only if there is invasion or rebellion, and when public safety requires it, can he suspend the writ of habeas corpus or declare martial law.

In the spirit of unity and love of country, let us remain alert to the activities of those who wish to create chaos, and prayerfully agree for Peace to reign in the land.

It takes courageous and united people, who complain less and do more, to build the nation we dream of and deserve...."

Roilo Golez of San Dionisio, Paranque, Philippines said,"It was usual for Presidents to visit the wake of slain soldiers and prominent citizens. But to visit the morgue and view the fresh, bloody corpses of those killed in the Davao blast is something else. That's what President Duterte did as his way of showing his concern for the victims. Viewing the fresh cadavers of persons who died violent deaths is not for the faint of heart and stomach. I have seen a lot during my stints in the government: Burned victims of the Ozone fire. Soldiers and civilians killed in the December 1989 coup attempt. Mangled body of a victim of bombing in a bus in Balintawak. I am awed by the President's gutsy, genuine and unprecedented concern for the Davao bombing victims. Ibang klaseng pagmamalasakit ito...."

Reaction was swift with Amnesty International and Amnesty International USA with Champa Patel, Amnesty International's Senior Research Adviser for South East Asia and the Pacific stating, “The attack on civilians in President Rodrigo Duterte’s hometown of Davao is a brutal and horrific act that has led to a tragic loss of civilian lives. Victims and survivors, including the families of those who have lost their lives and those who have been injured, have a right to seek and obtain justice. The government should respect this right by ordering an independent, impartial, transparent and effective investigation, leading to fair trials of suspected perpetrators. It is the Philippines government’s right and duty to protect its population,".

“However, the callous disregard shown by the attackers for people’s right to life must not be met by government action that itself disregards human rights. Resort to unlawful killings, arbitrary arrests or other human rights violations will only play into the hands of those who seek an ever-widening cycle of violence and abuse."

Human Rights Watch issued a similarly scathing report saying,"These killings suggest Duterte’s aggressive rhetoric advocating violent, extrajudicial solutions to criminality in the Philippines has found a receptive audience. Last month he exhorted Filipinos who knew of any drug addicts to “go ahead and kill them yourself as getting their parents to do it would be too painful.” This prompted the United Nations Special Rapporteur on summary executions, Agnes Callamard, to accuse Duterte last week of effectively granting the police and others “a license to kill.”

Duterte is steamrolling the rule of law and its advocates both at home and abroad. He has declared the soaring number of killings of alleged criminal suspects as proof of the “success” of his anti-drug campaign and urged police to “seize the momentum.” He has sought to intimidate domestic critics of that campaign and dismissed international critics as “stupid.” Other countries, including the United States and European Union members, should make it clear to Duterte that inciting such violence is unacceptable and will reap potentially severe diplomatic and economic costs, beyond the human one...."

The proclamation makes no mention of the Duterte administration’s war on illegal drugs, though the President earlier said he wanted to include drugs because of the many killings that, according to him, had been “unfairly” attributed to the police.

Mark L. Leach of San Diego, California noted about Rody Détente said,"How does his track record compare to that of Marcos before he seized power?"

Rudy Asercion of San Francisco, California and National Federation of Filipino American Associations (NaFFAA) said of the situation,"The Philippines is poised to take the same insane trajectory of Hugo Chavez' Venezuela and only the Philippine military can stop the extra judicial killing - when will that happen PMA grads?"

-Jose Ricardo G. Bondoc

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