VP defers to President Duterte on state of nat’l emergency but wants civil rights protected

Vice President (VP) Ma. Leonor “Leni” Robredo has deferred to President Duterte’s judgment on declaring a state of national emergency as long as it doesn’t suspend any part of the Constitution and impair civil rights.

She, however, reiterated her call to bring those responsible behind the Davao City blast to justice and urged the military and police to make sure that the “bill of rights is followed and treated with utmost

respect.”

Malacanang admitted there would be some inconveniences in the government’s intensified security measures but assured that constitutional rights of citizens would be respected.

Executive Secretary Salvador Medialdea called on the public to not be alarmed by the additional deployment of troops on the streets and instead cooperate with authorities in checkpoints and stop-and-frisk situations.

In a statement, Robredo said she respected the decision of the President to place the country under a state of national emergency to allow the military to work with the police in undertaking law enforcement operations.

“We respect the decision of the President to exercise his Constitutional power to call out the Armed Forces of the Philippines to assist in suppressing lawless violence,” she said.

“And we appreciate that the Proclamation makes clear that this does not suspend any part of the Constitution or impair any of our fundamental rights,” the Vice President added.

Duterte issued a formal declaration of a state of national emergency on account of lawless violence after the deadly explosion in Davao City on Sept. 2 that left 14 people dead and 60 others injured.

Guidelines Malacañang released on Tuesday Memorandum Order No. 3 that stipulated the guidelines to military and police in implementing measures to suppress lawless violence under a state of national emergency. Included in the guidelines were lawful warrantless arrests and searches in certain circumstances.

“There is no reason to be alarmed by the deployment of soldiers and policemen. This is just for the protection of our communities. They cannot do anything except inspect, monitor the surroundings,” Medialdea said.

“We appeal for a little understanding as there will be some inconvenience,” he said.

Medialdea said there was a need for an effective and expeditious implementation of the President’s directive “to prevent further loss of innocent lives and destruction of property and bring the whole country back to a state of complete normalcy as quickly as possible.”

Under the Memorandum Order No. 3, the police and military will be deployed in major roads and public places such as malls, train stations, airports, and seaports to ensure public safety. They have also been authorized to conduct warrantless arrests and searches in certain instances based on the country’s existing laws.

With the emergency proclamation, Medialdea acknowledged that authorities can stop a person on the street and pat him down based on reasonable suspicion. Such inspection involves light patting of a person’s clothes, he said.

“Kung medyo suspicious looking character ho eh baka puwede nating matanong lang nang kaunti [They might pose some questions to some suspicious looking characters],” he said.

Only “plain view” inspection would be allowed in police and military checkpoints, according to Medialdia.

He said the inspection will be limited to request to roll down vehicle window, search for things in plain view and production of identification and car registration. “No further intrusive action shall be taken, such as demanding the opening of trunks or lids, or asking persons on board to step out,” he said.

Medialdea also explained that warrantless arrests and searches in certain conditions are actually nothing new since these are already stated in the country’s laws. He said they merely wanted to remind the police and military about such lawful provisions to avoid violation of a person’s rights.

He said any military and police personnel violating the guidelines would be held administratively and criminally liable.

Asked how long the state of national emergency will take effect, Medialdea said this will be up to the President but assured that this will not be implemented “forever.”