President Rodrigo Duterte's declaration of a "state of
lawlessness" is legal and constitutional, Justice Secretary Vitaliano
Aguirre II said Saturday.
"The power of the President to declare a state of
lawlessness is legally justified under his constitutional authority to
faithfully execute the laws, protect the people from lawless and criminal
elements, not to mention the rampant killings, and the ISIS threat to commit
terrorism," Aguirre told PNA.
"It is not martial law because the military is not
being called to replace civilian authority. Civil liberties are not impaired.
In other words, it is just a declaration of a state or condition of
lawlessness, nothing more," he explained.
Aguirre noted that the state of lawlessness can be validated
by the National Intelligence Coordinating Agency (NICA) and the Philippine
National Police (PNP), given the rampant killings, terrorist acts, the entry of
Islamic State elements and the seizure of smuggled m-16 rifle parts.
He said that because of this declaration, the military and
the police can legally set up checkpoints.
President Duterte declared a nationwide state of lawlessness
following Friday night's bomb attack in Davao City
that claimed 14 lives and injured 71 people.
He declared the "state of lawlessness" in Davao City
but expanded it to cover the entire country, authorizing the police and
military to conduct security searches in cars and frisk individuals at
checkpoints.
Duterte clarified that the "state of lawlessness"
is not martial law and does not involve the suspension of the writ of habeas
corpus.
http://www.pna.gov.ph/index.php?idn=1&sid=&nid=1&rid=919841
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