The Supreme Court has declared as null and void the declaration of a state of emergency by Sulu Gov. Abdusakur Tan in March 2009 which followed the abduction of three Red Cross personnel by the bandit group Abu Sayyaf.
 
In a 25-page ruling Associate Justice Ma. Lourdes Sereno penned, the high court said Tan committed "grave abuse of discretion, amounting to lack or excess of jurisdiction" when placed the southern Philippine island province under a state of emergency through Proclamation No. 1 Series of 2009.
 
"In issuing the assailed proclamation, Governor Tan exceeded his authority when he declared a state of emergency and called upon the Armed Forces, the police, and his own Civilian Emergency Force (CEF)," the SC said.
 
The high court said only the President—not a local chief executive—is allowed by the Constitution to declare a state of emergency.
 
"It is only the President, as Executive, who is authorized to exercise emergency powers as provided under Section 23, Article VI, of the Constitution, as well as what became known as the calling-out powers under Section 7, Article VII thereof," the court said.
 
The SC said the power to call upon the armed forces is also discretionary" on the President. As for the police force, the high court said a local chief executive, like a governor like Tan, may exercise control over their local police only in day-to-day operations.
 
"In the discussions of the Constitutional Commission regarding the above provision it is clear that the framers never intended for local chief executives to exercise unbridled control over the police in emergency situations," the court said.
 
The high court stressed that Constitution also does not authorize the organization of private armed groups similar to CEF convened by Tan.
 
"The framers of the Constitution were themselves wary of armed citizens' groups," the SC said.
 
The court said that all a local executive can do in times of calamities or disasters is "enact or implement" emergency measures.
 
But still, the SC insisted the kidnapping of the Red Cross personnel in 2009 "cannot be considered as a calamity or a disaster. [Tan] cannot find any legal mooring under this provision to justify their actions."
 
On January 15, 2009, armed men abducted the Red Cross personnel who had just come from a prison water and sanitation project in Patikul town, also in Sulu. The three were eventually released. — ELR, GMA News