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Davao Bombing Death Toll Reaches 14

BOHOLTRIBUNE.COM
SEPTEMBER 2, 2016



DAVAO CITY – The death toll from the explosion Friday evening at a night market along Roxas Avenue, here rose to 14, authorities said.

As of 2:00 a.m. Saturday, initial report said 14 died with dozens wounded, according to Buhangin Police Station Commander Milgrace Driz. She said the latest report came from the hospitals with three others in critical condition.

The victims were rushed to the Southern Philippines Medical Center (SPMC), Limso Hospital, Davao Doctors Hospital and Brokenshire Hospital.

An earlier statement from Davao City Vice Mayor Paolo Duterte confirmed that 10 victims died on the spot.

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Andanar said police are still investigating the explosion.

Meanwhile, the National Capital Region Police Office (NCRPO) has raised the red alert over Metro Manila.

NCRPO Chief Supt. Oscar Albayalde has ordered all police district directors to tighten security especially in crowded places.

He also ordered units to maximize police visibility in airports, seaports, and train and bus terminals; and to set up security checks in malls, parks and other places where people gather on weekends. (Lilybeth G. Ison/PNA)

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Leads

Duterte disclosed there are leads to pinpoint responsibility. However, he would not confirm if the bombing is linked to his all-out war against the Abu Sayyaf Group (ASG). But he said it is easy to pinpoint the ASG since the group forewarned to hold retaliatory actions in Mindanao.

The President did not discount the bombing was the handiwork of drug syndicates. He also mentioned the Maute group members who escaped from prison in Lanao.

He stressed that it would be parochial to just point to one group because terrorism is everywhere.

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Making sense of Duterte's declaration of state of lawlessness

For now, Duterte's declaration does not appear to lead us to a slippery slope. But we must be vigilant.


Tony La Viña

September 03, 2016
Rappler

Extraordinary powers are instituted to allow the President to wage a most efficacious defense of the nation in times of crisis, without being unduly straitjacketed by structural and bureaucratic restraints.

By establishing this framework, the Constitution expected that the process would be far more flexible, and capable of quicker, more decisive action, than the legislative process.

However, the framers of the Constitution, while recognizing the need to provide for such powers, also acknowledge the dangers that it entails. Constitutional safeguards, not the least of which is the instrument of judicial scrutiny, are in place to check against abuse.

The President is given a lot of leeway when it comes to the exercise of extraordinary powers.

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3 kinds of extraordinary powers

Strictly speaking, there are three (3) kinds of extraordinary powers provided under the 1987 Constitution.

The first is found in Article XII, Section 17, which states: In times of national emergency when the public interest so requires the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest. This power was invoked by President Cory Aquino when she issued Proclamation No. 503, declaring a state of emergency after the December 1989 coup attempt.

The second provision is in Article VI, Section 23, which provides that the Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war. It also provides that in times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. FVR used this provision to deal with the power crisis early in his term. This is the provision being invoked by the Duterte government so it can respond effectively to the transportation crisis.

The third provision refers to the commander-in-chief powers of the President under Article VIII, section 18, which authorizes the President to call on the Armed Forces to prevent or suppress lawless violence, impose martial law, or suspend the privilege of the writ of habeas corpus in case of invasion or rebellion. The provision presupposes that there is an imminent or ongoing threat to public order or national security. To address the threat, the President is provided “a platter of graduated powers” to deal with the situation in accordance to its severity. Marcos used the martial law power in 1972 and Arroyo did the same in 2009 but limited to Maguindanao after the Ampatuan massacre. Both Estrada and Arroyo used the calling out powers which is what Duterte is now invoking with this declaration of state of lawlessness.

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Avoid slippery slope

The problem arises then when an emergency occurs and the government is inevitably hampered with the deliberate pace of constitutional rule. Certainly, the President cannot be expected to wait for congressional deliberation before he can declare a state of war when it is staring at him in the face.

This is the dilemma many constitutional governments face. As a result, most constitutions incorporate provisions and unique power arrangements to deal with emergencies. These extraordinary powers however, can be considered, at best, a necessary evil. It should never be considered normal, must never be lightly granted by Congress, and if the right case or controversy comes, the Supreme Court has to scrutinize this carefully.

In a paper I co-authored several years ago, we cited the guidelines formulated by Clinton Rossiter in his seminal work Constitutional Dictatorship which are designed to avoid the slippery slope of frequent resort to extraordinary powers.

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