Republic of the Philippines

SUPREME COURT

Manila

NATIONAL UNION OF PEOPLES’LAWYERS (NUPL) SECRETARYGENERAL NERI JAVIER COLMENARES, BAYAN MUNAREPRESENTATIVE SATUR C.OCAMPO, GABRIELA WOMEN’SPARTY REPRESENTATIVE LIZA L.MAZA, ATTY. JULIUS GARCIAMATIBAG, ATTY. EPHRAIM B.CORTEZ, ATTY. JOBERT ILARDEPAHILGA, ATTY. VOLTAIRE B.AFRICA, BAGONG ALYANSANGMAKABAYAN (BAYAN) SECRETARYGENERAL RENATO M. REYES JR.,AND ANTHONY IAN CRUZ,

Petitioners,- versus -

G.R. No.190301

Very Urgent Petition for Certiorari andProhibition with Very Urgent Applicationfor a Temporary Restraining Order and/or Preliminary Injunction

PRESIDENT GLORIA MACAPAGAL-ARROYO, EXECUTIVE SECRETARYEDUARDO R. ERMITA, ARMEDFORCES OF THE PHILIPPINESCHIEF OF STAFF GENERAL VICTOR S. IBRADO, PHILIPPINE NATIONALPOLICE DIRECTOR GENERAL JESUSA. VERZOSA, DEPARTMENT OFJUSTICE SECRETARY AGNES VSTDEVANADERA,

ARMED FORCES OFTHE PHILIPPINES EASTERNMINDANAO COMMAND CHIEFLIEUTENANT GENERALRAYMUNDO B. FERRER,

Respondents.x----------------------------------------------------x

VERY URGENT PETITIONFOR CERTIORARIAND PROHIBITION

(WITH VERY URGENT APPLICATIONFOR TEMPORARY RESTRAINING ORDER AND/OR PRELIMINARY INJUNCTION)1

ETITIONERS

, through the undersigned counsel, unto the Honorable Supreme Court,most respectfully state that:

STATEMENT OF THE CASE

1.Petitioners have never thought that once again, after almost four decades, an infamous eventunparalleled in history after two EDSA popular uprisings would take place in the country – the proclamation of martial law and suspension of the privilege of the writ of

habeas corpus

.2.This very urgent petition is invoked for the first time in thirty-seven (37) years sinceSeptember 21, 1972 when the late dictator Ferdinand E. Marcos issued Proclamation No.1081 placing the entire Philippines under a state of martial law. This time, it is the sitting president, Gloria Macapagal-Arroyo, arbitrarily exercising the highest and extraordinary powers as commander-in-chief by the issuance on December 4, 2009 of Proclamation No.1959 proclaiming a state of martial law and suspending the privilege of the writ of

habeascorpus

in the province of Maguindanao, Philippines.3.Petitioners seek the nullification of Proclamation No. 1959 dated December 4, 2009 proclaiming a state of martial law and suspending the privilege of the writ of

habeas corpus

in the province of Maguindanao, except for certain areas, as it is patently illegal andunconstitutional for

lack of any factual basis

at all.

4.The prayer for the declaration of Proclamation No. 1959 as null and void is anchored on thegrounds stated hereunder, thus:(a)

First

, Proclamation No. 1959 has been issued

sans

the existence of actual ‘invasion or rebellion, when the public safety requires it’ which are the only grounds clearly andcategorically spelled under the 1987 Philippine Constitution for the valid proclamation of martial law and suspension of the privilege of the writ of

habeas corpus

; and2

(b)

Second

, Proclamation No. 1959 adversely affects and places in great peril and serious jeopardy the Filipino people’s cry for justice for the fifty-seven (57) innocent civilians,women, journalists and lawyers slaughtered in the Ampatuan town massacre allegedlymasterminded by the powerful Ampatuans of Maguindanao.5.Thus, respondent President Gloria Macapagal-Arroyo has committed grave abuse of discretion amounting to lack or excess of jurisdiction in the issuance of Proclamation No.1959 and causing the implementation of the same by the other respondents.6.This petition is a special civil action for Certiorari and Prohibition brought under Rule 65 of the Rules of Court. Under the circumstances obtaining in this case, herein petitioners have no plain, speedy, and adequate remedy in the ordinary course of law which will promptly andimmediately relieve herein petitioners from the injurious effects of the unconstitutional actsof the respondents in the issuance and implementation of the assailed Proclamation No. 1959.This petition is anchored on the following provision of the 1987 Philippine Constitution as tothe nature thereof and reason for the immediate resort to the Honorable Court’s jurisdictionin the first instance, thus:“Article VIIEXECUTIVE DEPARTMENTSection 18. xxx.The Supreme Court may review, in an appropriate proceeding filed by anycitizen, the sufficiency of the factual basis of the proclamation of martiallaw or the suspension of the privilege of the writ of

habeas corpus

or theextension thereof, and must promulgate its decision thereon within thirtydays from its filing.” (Emphasis supplied)7.Petitioners are all suing in their capacity as citizens of the Republic of the Philippines, inaccordance with aforesaid Article VII, Section 18 of the 1987 Philippine Constitution. 8.Petitioners thus humbly pray that the Honorable Court issue a judgment:a.Declaring Proclamation No. 1959 dated December 4, 2009 as unconstitutional andvoid; and3