Proclamation No. 55 | |
---|---|
| |
Citation | Proclamation No. 55, s. 2016 |
Territorial extent | Philippines |
Signed by | Rodrigo Duterte |
Signed | September 4, 2016 |
Repealed | July 25, 2023 |
Repealed by | |
Proclamation No. 298, s. 2023 Lifting the State of National Emergency on Account of Lawless Violence in Mindanao | |
Keywords | |
state of emergency, terrorism | |
Status: Repealed |
Proclamation No. 55 was signed by Philippine President Rodrigo Duterte on September 4, 2016, to officially declare a state of emergency in the Philippines in response to the 2016 Davao City bombing. [1]
Following the September 2 bombing in Davao City that killed 14 people and seriously wounded at least 60 others, President Duterte placed the entire country under a national state of emergency. [2] [3] By virtue of the proclamation declaring a "State of National Emergency on Account of Lawless Violence in Mindanao", the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) were ordered to suppress all forms of lawless violence in Mindanao and to undertake measures to prevent violence from spreading to other parts of the Philippines. [4] [3] The proclamation also came on the heels of the Philippine military offensive against the terrorist group Abu Sayyaf in Patikul, Sulu which left 15 soldiers dead on August 29, 2016. It also acknowledged the threats of further terror attacks by lawless elements in other parts of the country, including the metropolitan areas, following these developments in Mindanao. [4]
President Duterte issued the proclamation in Manila just before leaving for Laos to attend the 2016 ASEAN Summit. Earlier, he verbally declared a "state of lawlessness" in the country on September 3, 2016. [5] In a press conference in Davao the day following the attacks, Duterte said the declaration was to "ensure coordinated efforts" between the police and the military in the government's fight against illegal drugs, criminals and terrorism. He also said it was not a declaration of martial law and that the writ of habeas corpus will not be suspended. [5]
The presidential proclamation orders the Philippine law enforcement officials to carry out suppression of violence "as may be permitted in the Constitution and existing laws," as well as "with due regard to the fundamental civil and political rights of our citizens." [1] It also states that the "state of national emergency on account of lawless violence shall remain in force and effect until lifted or withdrawn by the President." [1]
On July 25, 2023, Duterte's successor, President Bongbong Marcos, issued Proclamation No. 298 which was also signed by Executive Secretary Lucas Bersamin. This repealed Proclamation No. 55, s. 2016, thus lifting the state of national emergency. It was said that the conditions that prompted such status had been "significantly mitigated or reduced;" and the lifting would strengthen economic activity and speed up the recovery of the local economy. [6] [7]
Under Memorandum Order No. 3 released on September 7, 2016, the Department of National Defense and the Department of the Interior and Local Government are ordered to deploy additional forces of the AFP and PNP in public areas throughout the country without causing undue alarm to the general public, and to intensify their local and transnational intelligence operations against individuals or groups suspected of, or responsible for, committing or conspiring to commit acts of lawless violence. It also orders the Department of Justice to coordinate with law enforcement agencies for the prompt investigation and prosecution of all suspected individuals or groups. [8]
The memorandum guarantees the civil and political rights of individuals in the duration of the state of emergency and sets out the rules governing arrests for AFP and PNP personnel. It states:
No warrantless arrests shall be effected unless the situation falls under any of the following circumstances, among others:
(i) when the person to be arrested has committed, is actually committing, or is attempting to commit an offense in the presence of the arresting officer;
(ii) when an offense has just been committed and the arresting officer has personal knowledge of facts indicating that the person to be arrested has committed the offense;
(iii) when the person to be arrested is a prisoner who escaped from a penal establishment or place where he is serving final judgment or temporarily confined with his case is pending;
(iv) when the person arrested, or to be arrested, has voluntarily waived his rights against warrantless arrests.
— M.O. 3 sec. 5
The memorandum also lists the existing rules and procedures in carrying out warrantless searches and seizures, such as when the individual consents to the search or waives his right against warrantless search; when the search is made contemporaneous to a lawful arrest; the search of vessels and aircraft for violation of immigration and customs laws; the search of automobiles at borders for violation of immigration or smuggling laws; the seizure of objects made in plain view; stop-and-frisk situations; and searches arising from emergency circumstances. [8]
Military and police checkpoint inspections shall be limited to requesting to roll down vehicle windows to search for objects in plain view only, and the production of identification and vehicle registration papers. [8] The memorandum also states:
Any AFP/PNP personnel found violating any of the foregoing constitutional rights shall be held administratively and civilly/criminally liable therefor.
— M.O. 3 sec. 6
Rodrigo Roa Duterte, also known as Digong, Rody, and by the initials DU30 and PRRD, is a Filipino lawyer and politician who served as the 16th president of the Philippines from 2016 to 2022. He is the chairperson of PDP–Laban, the ruling political party in the Philippines during his presidency. Duterte is the first president of the Philippines to be from Mindanao, and is the oldest person to assume office, beginning his term at age 71.
Antonio Fuentes Trillanes IV is a retired Philippine naval officer who also served as a senator of the Philippines from 2007 to 2019. He is known for his involvement in the Oakwood mutiny of 2003 and the Manila Peninsula siege in 2007 in protest against the Arroyo administration, and as a vocal critic of the Duterte administration.
The Davao Death Squad (DDS) is a vigilante group in Davao City, Philippines. The group is alleged to have conducted summary executions of street children and individuals suspected of petty crimes and drug dealing. It has been estimated that the group is responsible for the killing or disappearance of between 1,020 and 1,040 people between 1998 and 2008. The 2009 report by the CHR noted stonewalling by local police under Duterte while a leaked cable observed a lack of public outrage among Davao residents.
Martial law in the Philippines refers to the various historical instances in which the Philippine head of state placed all or part of the country under military control—most prominently during the administration of Ferdinand Marcos, but also during the Philippines' colonial period, during the second world war, and more recently on the island of Mindanao during the administrations of Gloria Macapagal Arroyo and Rodrigo Duterte. The alternative term "martial law era" as applied to the Philippines is typically used to describe the Marcos martial law period specifically.
The following are the events in related to Philippine law in 2016. This includes developments in criminal investigations of national notability.
Ronald Marapon dela Rosa, also known as Bato, is a Filipino politician and retired police officer who is currently serving as a senator of the Philippines since 2019. He served under the Duterte administration as the chief of the Philippine National Police from July 1, 2016, to April 19, 2018, overseeing the government's anti-drug campaign; he also served as the Director General of the Bureau of Corrections from April 30 to October 12, 2018.
The Philippine drug war, known as the War on Drugs, is the intensified anti-drug campaign of the administration of President Rodrigo Duterte, who served office from June 30, 2016, to June 30, 2022. The campaign reduced drug proliferation in the country, but has been marred by extrajudicial killings allegedly perpetrated by the police and unknown assailants. An estimated 7,742 civilians have been killed in "anti-drug operations" carried out by the government and its supporters between 2016 and 2021.
Philippine President Rodrigo Duterte made a speech at the Naval Station Felix Apolinario in Camp Panacan, Davao City on August 7, 2016. In the speech, delivered shortly after midnight during his wake visit to four NavForEastMin soldiers killed during clashes with the New People's Army in Compostela Valley, Duterte revealed the names of 150 public officials, including mayors and other local government executives, legislators, police, military and judges, found to be involved in illegal drug trade. He described the drugs situation in the country as "pandemic" after 600,000 drug dealers and dependents have surrendered to the police in just one month since he took office.
A bombing at the Roxas Night Market occurred in Davao City, Philippines, on September 2, 2016, causing at least 14 deaths and 70 injuries. On September 13, 2016, one of those injured, a pregnant woman, died, bringing the death toll up to 15.
The siege of Marawi, also known as the Marawi crisis and the Battle of Marawi, was a five-month-long armed conflict in Marawi, Philippines, that started on May 23, 2017, between Philippine government security forces against militants affiliated with the Islamic State (IS), including the Maute and Abu Sayyaf Salafi jihadist groups. The battle also became the longest urban battle in the modern history of the Philippines.
Proclamation No. 216 was the 2017 proclamation of martial law and suspension of the privilege of the writ of habeas corpus in the whole of Mindanao amid clashes between government forces and Maute group terrorists in Marawi, issued by Philippine President Rodrigo Duterte on May 23, 2017. The state of martial law was extended thrice by Congress at the request of Duterte, citing necessity to quell hostile activities perpetrated by terrorist groups, and ended with the third extension lapsing on December 31, 2019.
Karlo Alexei Bendigo Nograles is a Filipino lawyer and politician serving as the Chairperson of the Civil Service Commission since March 4, 2022. He was previously the Cabinet Secretary (2018–2022) and acting Presidential Spokesperson (2021–2022) in the Duterte administration. He was also the co-chair and spokesperson of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) in the Philippine government's response to the COVID-19 pandemic and chairman of the government's Inter-Agency Task Force on Zero Hunger. He was the representative of Davao City's 1st district from 2010 to 2018.
The Chief of the Philippine National Police is the head of the Philippines' national police body, the Philippine National Police (PNP). The position is invariably held by a Police General, a four-star general police officer.
In the morning of January 27, 2019, two bombs exploded at the Roman Catholic Cathedral of Our Lady of Mount Carmel in Jolo, Sulu, Philippines. Twenty people were killed and 102 others injured. The bombings took place a week after the autonomy plebiscite held on January 21 for the creation of Bangsamoro. It is believed that the Abu Sayyaf carried out the attacks, and the Islamic State claimed responsibility. President Rodrigo Duterte responded by issuing an "all-out war" directive against the Abu Sayyaf. The bombings were widely condemned by other countries and organizations.
Noel Segovia Clement is a retired Filipino general who previously served as the Chief of Staff of the Armed Forces of the Philippines. Prior to his appointment as Chief of Staff, he served as the commander of the AFP Central Command, and the 10th Infantry Division. He is a graduate of the Philippine Military Academy "Sandiwa" Class of 1985.
The enhanced community quarantine in Luzon was a series of stay-at-home orders and cordon sanitaire measures implemented by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF-EID) on the island of Luzon and its associated islands. It is part of the COVID-19 community quarantines in the Philippines, a larger scale of COVID-19 containment measures with varying degrees of strictness. The "enhanced community quarantine" (ECQ) is the strictest of these measures and is effectively a total lockdown.
Both the national government and local governments have responded to the COVID-19 pandemic in the Philippines with various declarations of emergency, closure of schools and public meeting places, lockdowns, and other restrictions intended to slow the spread of the virus.
The following are the events in related to Philippine law in 2017. This includes developments in criminal investigations of national notability.
The International Criminal Court investigation in the Philippines, or the situation in the Republic of the Philippines, is an ongoing investigation by the International Criminal Court (ICC) into alleged crimes against humanity committed during the Philippine drug war.
The first 100 days of Rodrigo Duterte's presidency began on June 30, 2016, the day Rodrigo Duterte was inaugurated as the 16th president of the Philippines. The concept of the first 100 days of a presidential term was first adopted in the Philippines by President Corazon Aquino from the United States and has since been used as a gauge of presidential success and activism, and is a considered the "honeymoon period" where traditional critics are urged to refrain from detracting the new president. The 100th day of his presidency ended at noon on October 8, 2016.