Zamboanga Problem and the Power of the President to Declare State of Emergency

In the face of the fighting in Zamboanga City, some people have wondered why the President did not declare a state of emergency. The simple answer is that we are no longer under martial law or the 1973 Constitution, which provided for this extraordinary power of the president: “Whenever in the judgment of the President (Prime Minister), there exists a grave emergency or a threat or imminence thereof, or whenever the interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action, he may, in order to meet the exigency, issue the necessary decrees, orders or letters of instruction, which shall form part of the law of the land.”

Now it is Congress that has the power to declare a state of emergency: “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 promulgate rules and regulations to carry out a declared national policy.” Congress has not declared a state of emergency.

It is not, however, as if the President were powerless to deal with emergencies. As Commander in Chief of the Armed Forces, the President, in case of rebellion, when public safety requires it, can declare martial law or call on the Armed Forces to suppress lawless violence or rebellion. President Aquino had greater reason than President Arroyo had when she declared martial law in Maguindanao. There clearly was rebellion in Zamboanga City. Martial law could have given him all the emergency powers he might need. But instead he simply exercised his power to call out the Armed Forces to help the police suppress rebellion in Zamboanga; and it seems to be working, even if he did not have to stay in the city!

source:  Philippine Daily Inquirer's Column of Fr Joaquin Bernas SJ