State of Emergency

BAGUIO CITY, Philippines—Residents of Sulu, including a police officer, petitioned the Supreme Court to declare unconstitutional the state of emergency declared in the province by Governor Abdusakur Tan.

In a 57-page petition for certiorari and prohibition, with prayer for issuance of a temporary restraining order and/or writ of preliminary injunction, Jamar Kulayan, Temogen Tulawie, Hji. Moh. Yusop Ismi, Julhajan Awadi and Senior Police Officer 1 Sattal Jadjuli told the high court that Tan has no authority to declare a state of emergency because this is a power exclusive to the president.

The petitioners were among those questioned or temporarily detained on suspicion they were involved in the kidnapping of International Committee of the Red Cross workers Andreas Notter, a Swiss national, Eugenio Vagni, an Italian, and Mary Jean Lacaba, a Filipino.

Lacaba was released early this month by the Abu Sayyaf band holding the aid workers.

“It is respectfully submitted that…Proclamation No. 1 and its implementing guidelines are unconstitutional since it encroached upon clearly exclusive powers of the President to declare a state of emergency and to call out the armed forces,” the petition said.

Petitioners also noted that Tan’s action was arbitrary because it was not approved by the Sangguniang Panlalawigan (provincial board) and violated the right against search and seizure provided under Section 2, Article III of the Constitution.

“The assailed proclamation and its implementing guidelines grants the police and the military, worst even more the civilian emergency forces, the unbridled discretion of what to search and seize [sic],” the petitioners said.