By Kenneth Christiane L. Basilio, Reporter
PHILIPPINE President Ferdinand R. Marcos, Jr. should deploy the military’s intelligence units to bolster police efforts against kidnapping syndicates, a congressman said on Sunday, after the abduction and killing of a businessman.
Mr. Marcos has the authority under the 1987 Constitution to deploy the Intelligence Service of the Armed Forces of the Philippines (ISAFP) to reinforce the operations of police anti-kidnapping units, Surigao del Sur Rep. Johnny T. Pimentel said in a statement.
“The President may lawfully deploy ISAFP, as well as the intelligence units of the army, air force and navy to assist the Philippine National Police (PNP) in countering kidnapping groups particularly when their activities pose threats to public safety or national security,” he said.
“This constitutional power enables the President to utilize military intelligence in support of the police, especially in cases involving grave threats like kidnapping gangs that may have links to transnational crimes,” he added.
A Filipino-Chinese businessman and his driver were found dead in Rizal province east of the Philippine capital early this month weeks after being reportedly abducted in March, according to local media.
Police and prosecutors have said they were looking into the possible involvement of Chinese nationals linked to Philippine Offshore Gaming Operators (POGO) in the kidnap-slay of Filipino-Chinese businessman Anson Tan and his driver Armanie Pabillo. His family has denied reports that he had dealings with a POGO.
Some business groups have condemned the killings as “a grotesque violation of humanity,” calling for justice and urging authorities to step up law enforcement efforts.
Mr. Pimentel said military intelligence units could be “activated when broader security concerns are at stake.” “Military assistance to civil authorities is a well-established component of internal security operations.”
But legal analysts said Mr. Pimentel’s proposal is legally unsound and should be opposed.
“Asking the Armed Forces of the Philippines through its intelligence unit to participate in a purely law enforcement concern is of doubtful validity,” Ephraim B. Cortez, president of the National Union of People’s Lawyers, said in a Viber message. “Deploying a unit of the AFP for this purpose is in the nature of a calling outside the military which is subject to certain constitutional requirements.”
Under the Constitution, the President has the power to deploy the military for operations involving civilian populations, but only to suppress rebellion or repel invasion.
“Mr. Marcos may do so only to prevent or suppress lawless violence, invasion or rebellion,” he said. “The situation has not erupted to such a situation that would authorize the President to exercise his calling-out powers.”
“The military’s mandate is to defend the country against threats,” Michael Henry Ll. Yusingco, a constitutionalist and senior research fellow at the Ateneo Policy Center, said in a Facebook Messenger chat. “Civil society should oppose any move to use the AFP in a police manner.”
“The Philippine police have the necessary personnel to go after kidnap-for-ransom groups,” he added.
The government should just enhance its intelligence and enforcement capabilities and address corruption within their ranks, Mr. Cortez said.
“Criminal syndicates proliferate and commit crimes without being held accountable because it appears that the police establishment is not competent to address this problem, both because of lack of competence to conduct honest-to-goodness investigations and because of corruption,” he added.
