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An Eye-Opener behind the True State of the Philippines

(Declaration of State of Lawlessness as a Ground of Establishing Fear of the Government)


by: Vanessa Yvonne A. Gurtiza
Introduction:

Crime problem has taken its toll on the Philippine society.


Cite examples and situations that illustrate crime problems nowadays. (e.g. drugs and
terrorism)
Due to these rampant heinous crimes, the government declared that the Philippines is
under the state of lawlessness.
Crime situation affects the perception of people when it comes to their safety and rights.
Through this declaration, people view it as a step to Martial law, and establishes fear
among people on the next move and decisions of the government.
This paper assesses the necessity of declaration of state of lawlessness as an eye-opener
among Filipinos on the true state of the Philippines when it comes to combatting crime
problems, explains its misconceptions, and that the means to be used by the government
in combatting crimes is under the rule of law.
This paper also clarifies the misconception of fearing the government when it comes to
laws implementation.

Statement of the Problem

Topic: Declaration of State of Lawlessness as a Ground of Establishing Fear of the


Government
Problem: Whether or not the declaration of state of lawlessness in the Philippines
necessary?

Objective/Significance of the Study

To assess the necessity of declaration of state of lawlessness as an eye-opener among


Filipinos on the true state of the Philippines when it comes to combatting crime
problems.
To clarify the misconception of fearing the government when it comes to laws
implementation.
To explain the constitutionality of the declaration of state of lawlessness, and explains
its misconception for clarification.
To inform the Filipinos that the government means of combatting crimes is under the rule
of law.

Scope and Limitations of the Study

This study is limited to crime situation and problems related to drugs and terrorism in the
Philippines on todays government administration, the declaration of state of
lawlessness, its constitutionality, its necessity, and its misconceptions.

Conceptual Framework
1. Crime Situation in the Philippines
1.1. In terms of Drugs

Thousands of drug dealers and addicts across the Philippines are


surrendering to police due to fear of their lives.

Only the poor and the marginalized have been the victims of the violent
killings. Other drug suspects particularly narco cops or narco politicians
like mayors and other officials and influential drug lords are apparently
enjoying the basic rights due them under our constitution. This is another
sign that the poor and marginalized drug suspects have been denied equal
protection of laws.

The lack of follow up on the cases against important and prominent people
who have been named as involved in prohibited drugs. Worth mentioning
here is Senator Leila de Lima and Albuera, Leyte Mayor Espinosa. Duterte
has repeatedly aired in detail their drug connections, but up to now no
charges have been filed against them in the proper court where those
charges will be proven beyond reasonable doubt after due trial. Up to now
they have been merely subjected to trial by publicity. They continue to
occupy their positions and perform their functions. Mayor Espinosa even
enjoys police protection.

All these happenings can be considered as signs of lawlessness because


the basic laws covering their cases have not been properly and promptly
applied and utilized. More fearsome in this fight against drugs and
criminality is therefore the dangerous tendency to slide into anarchy where
more violence may happen.

1.2. In terms of Terrorism

The Davao night market bombing which killed 14 people and injured
more than 70.
The perpetrators, the Abu Sayyaf Group, did this in retaliation for the allout offensive of President Duterte against them. They have been flouting
the law by their kidnap-for-ransom activities. Sometimes, they behead
their captives when they are not able to raise the amount.

2. Declaration of State of Lawlessness in the Philippines


2.1. Its Concept

The growth in lawlessness is plainly manifested by the violent deaths of


people suspected to be involved in drugs particularly the poor and
marginalized.

2.1. Its Constitutionality

It is already provided in Section 18, Article VII of the Constitution that:


The President shall be the Commander in Chief of All the Armed Forces
of the Philippines and whenever it becomes necessary, he can call out such
armed forces to prevent or suppress lawless violence, invasion or
rebellion. The President can call out the armed forces when these
contingencies happen because Civilian authority is at all times supreme
over the military. The Armed Forces of the Philippines is the protector of
the people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory(Article II Section 3,
Constitution).

2.2. Its Necessity

The only aim of the declaration is to suppress and prevent lawlessness and
violence.

2.3. Its Misconceptions

It is not martial law nor is the President suspending the privilege of the
writ of habeas corpus.

3. State of Lawlessness establishes Fear of the Government among People

It is very clear and quite undeniable at this stage is that most if not all of
those killed are mere suspects. They were supposedly killed by our law
enforcers invariably because they violently resisted arrest thus prompting
the police to shoot them in self defense. The issue here therefore is

whether there was indeed violent resistance that endangered the lives of
the policemen especially when some relatives of those who died claim that
they never resisted arrest or were they armed with dangerous weapons.
This is the very basic issue that somehow creates the public perception
that all these killings resulting in the war against dangerous drugs are also
part of the lawless violence referred to by President Duterte in his latest
proclamation.
The issuance of the proclamation even if there is no need for it, somehow
only instills once more fear among our people and generate further
speculations about the impending proclamation of martial law and
violations of other rights of citizens.
These drug pusher for their lives, fear from the consequences that they
will be facing, fear from the extra judicial killings which many people
conclude that it is an act of the government which is considered a
misconception.
People must not fear the government. The government is only doing their
duty and just implementing the laws in s stricter way.

4. Government Combatting Crimes of Drugs and Terrorism under the Rule of Law

The government established higher military and police visibility and


checkpoints were set up. The President has authorized searches by security
forces for combatting drugs.

Conclusion/Recommendations

Declaring the Philippines under the state of lawlessness is necessary.


Lawless violence really exists in our country now with or without an official
proclamation from Malacanang. And even if Dutertes recent proclamation of the
existence of lawless violence is apparently triggered by the bombing that occurred in the
Davao City public market, he himself however said that the proclamation covers the
entire country thus confirming the fact that the whole nation is really in a state of lawless
violence. And such state is apparently due to the increase in the number of summary
executions and extrajudicial killings as well as the flagrant disregard of the rule of law in
the other incidents involving the all-out war Duterte has waged since he came into power.

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