Proclamation No. 55 was signed by

Philippine President The president of the Philippines ( fil, Pangulo ng Pilipinas, sometimes referred to as ''Presidente ng Pilipinas'') is the head of state, head of government and chief executive of the Philippines. The president leads the executive branch of t ...

Rodrigo Duterte on September 4, 2016, to officially declare a state of emergency in the Philippines in response to the 2016 Davao City bombing.

History

Following the September 2 bombing in

Davao City Davao City, officially the City of Davao ( ceb, Dakbayan sa Dabaw; ), is a first class highly urbanized city in the Davao Region, Philippines. The city has a total land area of , making it the largest city in the Philippines in terms of lan ...

that killed 14 people and seriously wounded at least 60 others, President Duterte placed the entire country under a national state of emergency. By virtue of the proclamation declaring a "State of National Emergency on Account of Lawless Violence in Mindanao", the

Armed Forces of the Philippines The Armed Forces of the Philippines (AFP) ( fil, Sandatahang Lakas ng Pilipinas) are the military forces of the Philippines. It consists of three main service branches; the Army, the Air Force, and the Navy (including the Marine Corps). The ...

(AFP) and the Philippine National Police (PNP) were ordered to suppress all forms of lawless violence in

Mindanao Mindanao ( ) ( Jawi: مينداناو) is the second-largest island in the Philippines, after Luzon, and seventh-most populous island in the world. Located in the southern region of the archipelago, the island is part of an island group of ...

and to undertake measures to prevent violence from spreading to other parts of the Philippines. The proclamation also came on the heels of the Philippine military offensive against the terrorist group

Abu Sayyaf Abu Sayyaf (; ar, جماعة أبو سياف; ', ASG), officially known by the Islamic State as the Islamic State – East Asia Province, is a Jihadist militant and pirate group that follows the Wahhabi doctrine of Sunni Islam. It is base ...

Patikul, Sulu Patikul, officially the Municipality of Patikul ( Tausūg: ''Kawman sin Patikul''; tl, Bayan ng Patikul), is a 3rd class municipality in the province of Sulu, Philippines. According to the 2020 census, it has a population of 79,564 people. The m ...

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. President Duterte issued the proclamation in

Manila Manila ( , ; fil, Maynila, ), officially the City of Manila ( fil, Lungsod ng Maynila, ), is the capital of the Philippines, and its second-most populous city. It is highly urbanized and, as of 2019, was the world's most densely populate ...

just before leaving for Laos to attend the 2016 ASEAN Summit. Earlier, he verbally declared a "state of

lawlessness Lawlessness is a lack of law, in any of the various senses of that word. Lawlessness may describe various conditions. In society Anomie is a breakdown of social bonds between an individual and their community, in which individuals do not feel bou ...

" in the country on September 3, 2016. 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 Martial law is the imposition of direct military control of normal civil functions or suspension of civil law by a government, especially in response to an emergency where civil forces are overwhelmed, or in an occupied territory. Use Marti ...

and that the writ of ''

habeas corpus ''Habeas corpus'' (; from Medieval Latin, ) is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, t ...

'' will not be suspended. 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." 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."

Directives

Under Memorandum Order No. 3 released on September 7, 2016, the

Department of National Defense Department of Defence or Department of Defense may refer to: Current departments of defence * Department of Defence (Australia) * Department of National Defence (Canada) * Department of Defence (Ireland) * Department of National Defense (Philippi ...

and the

Department of the Interior and Local Government The Department of the Interior and Local Government ( fil, Kagawaran ng Interyor at Pamahalaang Lokal), abbreviated as DILG, is the executive department of the Philippine government responsible for promoting peace and order, ensuring public saf ...

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 A justice ministry, ministry of justice, or department of justice is a ministry or other government agency in charge of the administration of justice. The ministry or department is often headed by a minister of justice (minister for justice in a ...

to coordinate with law enforcement agencies for the prompt investigation and prosecution of all suspected individuals or groups. 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: 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. 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. The memorandum also states:

References

External links

Gov.ph: Proclamation No. 55 (4 September 2016)
{{Rodrigo Duterte Emergency laws in the Philippines 2016 in the Philippines 2016 in law Legal history of the Philippines Moro conflict Political history of the Philippines Political repression in the Philippines Presidency of Rodrigo Duterte No. 55 September 2016 events in the Philippines 2016 establishments in the Philippines

History

Directives

See also

References

External links