Executive Order 546, issued by President Arroyo in October, 2006, gives the Philippine National Police a more active role in internal security concerns. The directive authorizes the PNP to deputize barangay tanods as force multipliers in the implementation of peace and order in local government units. The local government code allows local officials to choose their local police chiefs who often perform such functions as bodyguards to the local mayor or congressman. A number of these police officers and their deputies or militiamen were identified as part of the 100 or so perpetrators of what is described as the most horrendous massacre in history.

Both Senators Noynoy Aquino and Mar Roxas called for the suspension of the local government’s control and authority over the local police force, the immediate relief and replacement of all police officers in Maguindanao, and the revocation of EO 546. The Commission on Human Rights and media organizations are undertaking their own field investigation.

The authority given to local officials to select their police officers as found in the local government code obtains its mandate from Section 6 of General Provisions in the 1987 Constitution. It states: The State shall establish and maintain one police force, which shall be national in scope and civilian in character, to be administered and controlled by a national police commission. The authority of local executives over the police units in their jurisdiction shall be provided by law.

A reading of the Record in the Constitutional Commission indicates that this authority is limited, according to Commissioner Teodulo Natividad, author of the above provision.

Mr. Natividad: By experience, it is not advisable to provide either in our Constitution or by law full control of the police by the local chief executive and local executives, the mayors. By our experience this has spawned warlordism, bossism, and sanctuaries for vices and abuses. If the national government does not have a mechanism to supervise these 1,500 legally, technically separate police forces, plus 61 city police forces, fragmented police system, we will have a lot of difficulty in presenting a modern professional, police force. So that a certain amount of supervision and control will have to be exercised by the national government.

For example, if a local government, a town, cannot handle its peace and order problems or police problems, such as riots, conflagration, or organized crime, the national government may come in.

That keeping private armies is prohibited is found in the Transitory Provisions. It states:

Section 24. Private armies and other armed groups not recognized by duly constituted authority shall be dismantled. All paramilitary forces including Civilian Home Defense Forces not consistent with the citizen armed forces established in this Constitution, shall be dissolved or, where appropriate, converted into a regular force.

EO 546 violated the spirit of the provision on the nature of control of police forces, by local executives. Coddled by national leaders, the Ampatuans and their ilk have openly flaunted their power by keeping CVOs or civilian volunteer officers and an arsenal of high-powered weapons.

There has been much weeping in the land as the families of the 57 victims and the entire nation cry for justice. Again, this “incident” as Malacañang describes it, has given us nightmares, shaken our faith in ourselves and in our institutions.

But perhaps we had to experience outrage and trauma in order to awaken us, and remind us to be more vigilant if we do not want to lose our freedoms. My e-mail is florangel.braid@gmail.com