Providing for the Organization of the ARMM Unified Command, Southern Command, Armed Forces of the Philippines (AFP) for the Autonomous Region in Muslim Mindanao

May 28, 2003

EXECUTIVE ORDER NO. 212

PROVIDING FOR THE ORGANIZATION OF THE ARMM UNIFIED COMMAND, SOUTHERN COMMAND, ARMED FORCES OF THE PHILIPPINES (AFP) FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO

WHEREAS, Section 21, Article X of the 1987 Constitution provides that the defense and security of the autonomous region shall be the responsibility of the National Government; EcSCHD

WHEREAS, under Section 4, Republic Act 6734, as amended by R.A. 9054, the defense and security of the ARMM shall be the responsibility of the National Government. Towards this end, a regional command of the AFP shall be organized in accordance with national laws;

WHEREAS, to ensure the well-being and security of the inhabitants in Muslim Mindanao, it is necessary to station and deploy therein such elements of the Armed Forces as may be necessary in the area of the Autonomous Region in Muslim Mindanao.

NOW, THEREFORE, I, GLORIA MACAPAGAL-ARROYO, President of the Philippines, by virtue of the powers vested in me by law, do hereby order:

SECTION 1. Declaration of Policy. — It is hereby declared policy of the State that the defense and security of the Autonomous Region in Muslim Mindanao (ARMM) shall be the responsibility of the national government. SEIDAC

SECTION 2. ARMM Unified Command. — There is hereby created and organized an ARMM Unified Command under the Southern Command, Armed Forces of the Philippines, which shall be organized, maintained, and utilized in accordance with national laws. Qualified inhabitants from the ARMM shall be given preference for assignment in the said unified command.

SECTION 3. Command Relationship. — The ARMM Unified Command shall be under the direct supervision and control of the Commander, Southcom, AFP.

The Department of National Defense (DND) and the Armed Forces of the Philippines shall determine the command relationship between Southern Command, AFP, the ARMM Unified Command and AFP-wide support units of the Major Services operating in Southern Philippines.

SECTION 4. Calling Upon the Armed Forces. — Notwithstanding, the provisions of the preceding sections, the Regional Governor of the ARMM may request the President to call upon the Armed Forces of the Philippines:

(a) To prevent or suppress lawless violence, invasion, or rebellion, where the public safety so requires, in the autonomous region in accordance with the provisions of the Constitution;

(b) To suppress the danger to or breach of peace in the autonomous region, where the Regional Police Force is not able to do so; or

(c) To avert any imminent danger to public order and security in the autonomous region.

The President may on his/her own accord send the Armed Forces of the Philippines to the autonomous region to attain the above-stated objectives if the Regional Governor does not act within fifteen (15) days after the occurrence of the treats mentioned-above.

SECTION 5. Regional Emergency. — In times of regional emergency, all elements of the Regional Police Force, the Regional Bureau of Fire Protection, and the Bureau of Jail Management and Penology shall, upon direction of the President or the Regional Governor, assist the Armed Forces of the Philippines in meeting the emergency.

SECTION 6. Implementing Rules. — The DND, in coordination with the Autonomous Regional Government particularly the ARMM DILG, shall formulate the rules and regulations implementing this Executive Order.

The Secretary of National Defense and all concerned AFP officials and officers are hereby directed to extend their fullest assistance and cooperation to the Autonomous Regional Government of the ARMM to ensure the implementation of this Order.

SECTION 7. Separability Clause. — If, for any reason, any part or provisions of this Executive Order shall be held unconstitutional or invalid, other parts or provisions thereof, which are not affected thereby, shall continue to be in full force and effect. TDCAHE

SECTION 8. Repealing Clause. — All decrees, orders, rules and regulations and other issuances or parts thereof, which are inconsistent with this Executive Order are hereby repealed, modified or otherwise amended accordingly.

SECTION 9. Effectivity. — This Executive Order shall take effect fifteen (15) days after its publication in a national newspaper of general circulation and in a newspaper of local general circulation in the ARMM. SEIDAC

DONE in the City of Manila, this 28th day of May, in the year of Our Lord, Two Thousand and Three.

Published in Today and the Manila Times on May 31, 2003 and in the Mindanao Scoop on June 8, 2003.