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The “calling out power” of the President under Section 18 of Article VII of the Constitution is for the sole purpose of having the armed forces of the Philippines “prevent or suppress lawless violence, invasion or rebellion” which endanger public security or safety.

This power cannot be exercised to solve corruption in a government agency like the Bureau of Customs (BOC) where public safety or security is not at stake.

Serious and endemic corruption does not amount to “lawless violence” but to odious criminality, the suppression of which is not the function of the military.

The eradication of corruption is a civilian function and cannot be assigned to the military as proscribed under Section 4 of Article XVI which provides that “No member of the armed forces in the active service shall, at any time, be appointed or designated in any capacity to a civilian position in the government including Government-owned or controlled corporations or any of their subsidiaries.”

Since officers and personnel of the BOC have been ordered by the President to be in floating status, members of the armed forces will unconstitutionally take over their civilian functions.

No amount of deodorizing by Malacañang apologists will cure the fatal constitutional infirmity of the elements of the armed forces taking over positions in the BOC.

 

EDCEL C. LAGMAN