The Office of the Ombudsman-Mindanao has ordered Sulu Vice
Governor Abdulsakur Tan to answer the criminal and administrative charges filed
against him by a human rights activist over his declaration of a state of
emergency when he was still governor in 2009.
Tan was given 10 days to file his counter affidavit to the
criminal complaints for usurpation of authority as defined in Article 177 of
the Revised Penal Code, and administrative complaints for oppression, tyranny,
and grave misconduct filed against him by Sulu-based human rights activist
Temogen Tulawie.
The Ombudsman's order dated November 24 was delivered to
Jolo on December 10.
In the complaint, Tulawie, who chairs the Bawbug Advocates
for Peace and Human Rights, accused Tan of violating the Constitution and
committing grave misconduct and usurpation of authority under the Revised Penal
Code and the Code of Conduct for government employees and officials.
According to Tulawie, the declaration of state of emergency
resulted in the conduct of a series of warrantless arrests. Tulawie also noted
reports of human rights violations when Tan declared a state of emergency on
March 9, 2009 when he was still governor.
Tulawie also said that the “proclamation caused untold
sufferings and caused deep anxiety to the people of Sulu and violated their
constitutional rights against search and seizure.”
Tan then formed the Civilian Emergency Force (CEF) and used
the 4,700 members to help in the crackdown on the Abu Sayyaf Group. The
operations of the CEF were allegedly funded using government money.
On April 16, 2009, Tulawie was among the three persons who
questioned the legality of Tan’s declaration. The Supreme Court on July 3,
2012, ordered the provincial government of Sulu to lift the declaration on
grounds that Tan was not authorized to issue the order.
The Supreme Court stated that it is only the President who
can order a state of emergency.
http://www.pna.gov.ph/index.php?idn=2&sid=&nid=2&rid=839205
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