Declaring a State of National Emergency On Account of Lawless Violence in Mindanao

Case Overview and Summary

Background and Rationale
- Mindanao has a history of lawless violence perpetrated by various armed groups, including private armies, warlords, bandits, criminal syndicates, terrorist groups, and religious extremists. (Preamble)
- Recent months have seen a surge in violent and lawless acts across Mindanao, such as abductions, hostage-takings, murder of civilians, bombing of power facilities, highway robberies, extortions, attacks on military outposts, assassinations of media personnel, and mass jailbreaks. (Preamble)
- Government forces' efforts to quell this armed lawlessness have been met with resistance, resulting in casualties, including the recent death of 15 soldiers in a skirmish with the Abu Sayyaf Group in Patikul, Sulu on August 29, 2016. (Preamble)
- On September 2, 2016, at least 14 people were killed and 67 others were seriously injured in a bombing incident in a night market in Davao City, perpetrated by unidentified lawless elements. (Preamble)
- These acts of violence demonstrate the audacity and propensity of armed lawless groups to defy the rule of law, sow anarchy, and sabotage the government's economic development and peace efforts. (Preamble)
- Government intelligence reports indicate credible threats of further terror attacks and similar acts of violence by lawless elements in other parts of the country, including metropolitan areas. (Preamble)

Declaration of State of National Emergency
- President Rodrigo Roa Duterte, as the Commander-in-Chief of all armed forces of the Philippines, declares a state of national emergency on account of lawless violence. (Operative Clause)
- The Armed Forces of the Philippines and the Philippine National Police are commanded to undertake measures permitted by the Constitution and existing laws to suppress any and all forms of lawless violence in Mindanao and prevent such lawless violence from spreading and escalating elsewhere in the Philippines, with due regard to the fundamental civil and political rights of citizens. (Operative Clause)
- This proclamation of a state of national emergency on account of lawless violence shall remain in force and effect until lifted or withdrawn by the President. (Operative Clause)

Legal Basis
- Section 18, Article VII of the Philippine Constitution, which allows the President, as the Commander-in-Chief of all armed forces, to call out such armed forces whenever it becomes necessary to prevent or suppress lawless violence. (Preamble)