#Du30 needs to effect lawful arrests asap—this is Davao, he was a city prosecutor, it’s right up his alley
Some essential details first:
The President does not declare lawlessness.
He does not declare a state of lawlessness.
He does not declare a state of lawless violence.
This kind of sentence structure means he is imposing lawlessness, or that he is imposing a state of lawless violence, or that he is putting the entire country in state of lawless violence.
Rather, the President declares the existence of a state of lawless violence for which he exercises his Commander-in-Chief power of calling out the armed forces to suppress such lawless violence.
In essence, what he is declaring is his exercise of the Commander-in-Chief power of calling out the armed forces to suppress lawless violence.
To call out the armed forces is to command the armed forces, to order the armed forces, to deploy the armed forces. Etc. Only the Commander-in-Chief is authorized to do these (although he can delegate the operational details to his chief-of-staff.)
In other words, he is declaring that he is ordering the armed forces to suppress lawless violence by, for example, intensifying the hot pursuit of the Abu Sayyaf, the setting up of lockdowns and checkpoints in certain areas, etc.
Simply put: The President ordered increased military patrols and presence in the cities and crowded areas, etc.
Legally, it is not necessary for the Commander-in-Chief to expressly declare: “I am declaring the existence of a state of lawless violence…etc.”. He can simply deploy and order members of the armed forces to execute their mission.
But since he had in mind a whole set of measures such as lockdowns, checkpoints, etc. , he needed to declare the constitutional framework for what he was doing. That framework is the Commander-in-Chief calling out power.
In other words, he was putting military boots on city streets and tiled floors so he needed to declare his constitutional framework.
Amid all these huffing and puffing, what is the status of the investigation?
The President needs to order the speedy and careful conduct of the investigation so that criminal complaints of murder with ignominy, 14 counts, could be filed right away –- this is Davao and he was the top city prosecutor so he knows what to do. The suspects will not reply in the preliminary investigation so the reglementary periods could be fast-tracked – so that warrants of arrest could be issued right away. But if warrantless arrests would be made, the “suspects” can only be detained without charges for 36 hours only – make it count. THIS IS URGENT.
#Kidapawan #KidapawanShooting SWAT shooters wore “ski masks” under the hot sun and hid nameplates, get the frame-by-frame photos here
Shooters can be identified thru freeze-frames of the following videos here:
For investigative agencies, news organizations, concerned parties: Here are two unadulterated video clips of the fatal five minutes of shooting in Kidapawan City four days ago. For evidentiary purposes, the following must be done:
first: authenticate by identifying the videographer (Kilab Multimedia cameraman and crew) and asking the videographer to confirm that he/she took these videos;
second: establish the context thru more visual information before and after and thru testimonial and object evidence.
Videos are in the category of documentary evidence; documentary evidence is superior to testimonial evidence (“he-said-she-said”).
The Kidapawan shooting is not a he-said-she-said incident: there were actual shooters and fatalities and the identity of the perpetrators can be established by video evidence. (In the Boston Marathon Bombing investigation, the FBI relied on video and photo evidence to narrow down the suspects. )
From these video clips, freeze-frame the following: 1)All persons who are armed; 2)All persons who fired their guns; 3)All persons who are reloading their guns; 4)All persons who are pulling back the slide of their firearms (cocking their guns), etc. Jive the freeze-frames with the audio. The President, being a gun-enthusiast himself (albeit in a very controlled environment) would be able to analyze from these videos the following:
1)who were firing their guns; 2) who were reloading their firearms; 3)who were aiming with their fingers inside the trigger guard; 4)who have disengaged the safety latch of their firearm; who were pulling back the slide of their firearms (cocking their guns), etc. etc., and jive these with the audio of shots being fired. Here they are:
Photo from a freeze-frame by Kilab, published in Bicol Today, used here non-commercially for academic purposes
