The Court En Banc has unanimously declared null and void Proclamation No. 1 of Sulu Governor Abdusakur M. Tan declaring a state of emergency in the Province of Sulu and called on the Philippine National Police (PNP), Armed Forces of the Philipines (AFP) and Civilian Emergency Force (CEF) for assistance in providing peace and order in the vicinity.
In a 25-page decision penned by Justice Maria Lourdes P.A. Sereno, the Court granted the petition for certiorari and prohibition of certain Sulu residents assailing the said Proclamation and its implementing guidelines.The Court stressed that the calling out powers contemplated under the Constitution is exclusive to the President of the Philippines as Commander-in-Chief and that a provincial governor is not endowed with the power to call upon the Armed Forces at its own bidding.
It ruled that only the President is authorized to exercise emergency powers as provided under Section 23, Article VI and the calling out powers under Section 7, Article VII of the 1987 Constitution. While the President exercises full supervision and control over the police, a local chief executive, such as a provincial governor, only exercises operational supervision over the police, and may exercise control only in day-to-day operations. As discussed in the deliberation of the Constitutional Commission, only the President has “full discretion to call the military when in his judgment it is necessary to do so in order to prevent or suppress lawless violence, invasion or rebellion,” the Court stressed.
The Court also held that Governor Tan’s reliance on Section 465 of the Local Government Code was unfounded because a kidnapping situation cannot be considered a calamity or disaster as contemplated by the Code, which allows the Chief Executive to “carry out emergency measures as may be necessary during and in the aftermath of a man-made and natural disasters and calamities”.
The Court likewise declared the creation of the CEF invalid as the Section 21 of Article XI of the Constitution does not authorize the provincial governor to organize private armed groups to help preserve the peace and order of a region, which is the responsibility of local police agencies as provided by law. The defense and security of the regions, on the other hand, shall be the responsibility of the National Government.
Governor Tan declared a state of emergency after the Abu Sayyaf Group (ASG) kidnapped three members of the International Committee of the Red Cross (ICRC) in Sulu and threatened to behead one of the hostages if the government continued to pursue their search and surround the ASG. An evacuation of the military camps and bases in the area was likewise demanded. In lieu of the state of emergency, Governor Tan authorized the set up of checkpoints and chokepoints, conduct general search and seizures including arrests and other actions necessary to ensure public safety pursuant to Section 465 of the Local Government Code. (GR No. 187298, Kulayan v. Tan, July 3, 2012).
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