INTERIOR Secretary Eduardo Año on Tuesday contradicted Chief Presidential Legal Counsel Salvador Panelo who earlier said President Duterte can impose martial law to stop the spread of the novel coronavirus disease COVID-19.
Año, a member of the Inter-Agency Task Force on Emerging Infectious Diseases (IATF-EID), said Panelo may be only “joking” for saying there is an ongoing invasion in the form of COVID-19, thus it can become a basis to impose military rule.
Panelo on Monday said the President can impose martial law on the basis of curtailing the spread of COVID-19 which he said presents imminent danger to the country. He said there is an ongoing invasion in the form of the COVID-19 pandemic.
Justice Secretary Menardo Guevarra also on Monday rebuffed Panelo, saying the “invasion” in Article VII, Section 18 of the 1987 Constitution refers to a foreign army and not a virus. He also said “invasion” and “rebellion” refer to “armed actions by human beings, not by non-living things like viruses.”
Año, a former Armed Forces chief, said the declaration of martial law is an option of the President if there will be “threat to public safety and disorder” in relation to the COVID-19 pandemic.
“For example, the CPP-NPA (Communist Party of the Philippines-New People’s Army) and organized crime groups would take advantage and there will be looting and many are threatened,” said Año.
“If there will be chaos and disorder, there is really a threat to national security, that’s an option of the President. He can use that,” he added.
Año said the declaration of martial law is not being considered, at least for now. “At least today we are okay but tomorrow we are not sure… As of today and yesterday, there is no need for it,” he said.
Armed Forces spokesman Brig. Gen. Edgard Arevalo did not give a categorical answer when asked if the military agrees with Panelo’s opinion. He said the declaration of martial law depends on the “wise determination and prudent discretion of the President.”
“The power to declare martial law on the basis of COVID-19 is within his powers as commander-in-chief subject to the concurrence of both houses of Congress,” said Arevalo.
Nevertheless, he said there are no discussions in the AFP about the need to declare martial law to defeat COVID-19.”
“At this time, our sights remain focused keenly on how to help national and local governments to curve the pandemic, sustain our irreversible gains in further degrading the communist terrorist group, and defeat decisively other local terrorist groups like the Abu Sayyaf Group and the Bangsamoro Islamic Freedom Fighters,” said Arevalo.
Defense Secretary Delfin Lorenzana said Panelo may be correct in saying there is invasion in the form of COVID-19 but said the virus is purely a health issue.
“Secretary Panelo is technically correct that this is an invasion. The virus came from abroad and in fact it has invaded the whole world,” said Lorenzana.
“But this is primarily a health issue, a war against a deadly and highly contagious virus. Whether it is ground for martial law or not, it is up to the President,” said Lorenzana.
Presidential spokesman Harry Roque said Panelo was stating his personal opinion.
Roque said maintained only he is authorized to speak on behalf of the President and the Executive Department but Panelo, former presidential spokesman, has the right to express his personal opinion.
Panelo has said his statement was “more of an academic and theoretical discussion, and were not meant to express the official position of the government on the matter.”
Roque said when the President talked about imposing martial law, it was in the context of the attacks of the New People’s Army, including on government forces involved in relief operations in areas affected by the pandemic and the lockdown.
“Ang sabi ni Presidente, hindi siya mag-aatubili mag-deklara ng martial law sang-ayon po doon sa basehan na nakasaad sa ating Saligang Batas at iyan po ay rebelyon ng NPA ….Ibig sabihin po, magkaiba po sila ng posisyon ni Secretary Panelo (The President said he will not hesitate to declare martial law based on the provisions of the Constitution and that is the rebellion committed by the NPA… This means, the position of the President and Secretary Panelo are different),” he said.
Roque backed Guevarra’s stand that an invasion can be done only by people.
“In legal parlance, I concur with the view of Secretary Guevarra,” said Roque who is also a lawyer.
PNP spokesman Brig. Gen. Bernard Banac said the PNP does not see any pressing need to place the country under martial law.
Banac said there is no imminent threat from rebellion or invasion to justify the declaration of martial law.
“Nonetheless, the PNP leaves this matter to the better judgment of the national leadership if it so finds it necessary. In such case, the PNP shall be ready to abide by and implement the orders of the President of the Philippines,” Banac said. — With Jocelyn Montemayor and Raymond Africa
