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EN BANC vs.

Sur in February 2016, killing and wounding several soldiers, and the
EXECUTIVE SECRETARY SALVADOR C. MEDIALDEA, DEPARTMENT mass jailbreak in Marawi City in August 2016, freeing their arrested
July 4, 2017 OF NATIONAL DEFENSE (DND) SECRETARY DELFIN N. LORENZANA, comrades and other detainees;
DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG)
G.R. No. 231658 SECRETARY (OFFICER-INCHARGE) CATALINO S. CUY, ARMED WHEREAS, today 23 May 2017, the same Maute terrorist group has
FORCES OF THE PHILIPPINES (AFP) CHEF OF STAFF GEN. EDUARDO taken over a hospital in Marawi City, Lanao del Sur, established
M. AÑO, PHILIPPINE NATIONAL POLICE (PNP) CHIEF DIRECTOR several checkpoints within the City, burned down certain government
REPRESENTATIVES EDCEL C. LAGMAN, TOMASITO S. VILLARIN,
GENERAL RONALD M. DELA ROSA, NATIONAL SECURITY ADVISER and private facilities and inflicted casualties on the part of
GARY C. ALEJANO, EMMANUEL A. BILLONES, AND TEDDY
HERMOGENES C. ESPERON, JR., Respondents. Government forces, and started flying the flag of the Islamic State of
BRAWNER BAGUILAT, JR., Petitioners
vs. Iraq and Syria (ISIS) in several areas, thereby openly attempting to
HON. SALVADOR C. MEDIALDEA, EXECUTIVE SECRETARY; HON. DECISION remove from the allegiance to the Philippine Government this part of
DELFIN N. LORENZANA, SECRETARY OF THE DEPARTMENT OF Mindanao and deprive the Chief Executive of his powers and
NATIONAL DEF'ENSE AND MARTIAL LAW ADMINISTRATOR; AND DEL CASTILLO, J.: prerogatives to enforce the laws of the land and to maintain public
GEN. EDUARDO ANO, CHIEF OF STAFF OF THE ARMED FORCES OF order and safety in Mindanao, constituting the crime of rebellion; and
THE PHILIPPINES AND MARTIAL LAW IMPLEMENTOR, Respondents Effective May 23, 2017, and for a period not exceeding 60 days,
President Rodrigo Roa Duterte issued Proclamation No. 216 declaring WHEREAS, this recent attack shows the capability of the Maute group
x-----------------------x a state of martial law and suspending the privilege of the writ and other rebel groups to sow terror, and cause death and damage
of habeas corpus in the whole of Mindanao. to property not only in Lanao del Sur but also in other parts of
Mindanao.
G.R. No. 231771
The full text of Proclamation No. 216 reads as follows:
NOW, THEREFORE, I, RODRIGO ROA DUTERTE, President of the
EUFEMIA CAMPOS CULLAMAT, VIRGILIO T. LIN CUNA, ATELIANA U.
WHEREAS, Proclamation No. 55, series of 2016, was issued on 04 Republic of the Philippines, by virtue of the powers vested in me by
HIJOS, ROLAND A. COBRADO, CARL ANTHONY D. OLALO, ROY JIM
September 2016 declaring a state of national emergency on account the Constitution and by law, do hereby proclaim as follows:
BALANGIDG, RENATO REYES, JR., CRISTIN A E. PALABAY,
AMARYLLIS H. ENRIQUEZ, ACT TEACHERS' REPRESENTATIVE of lawless violence in Mindanao;
ANTONIO L. TINIO, GABRIELA WOMEN'S PARTY REPRESENTATIVE SECTION 1. There is hereby declared a state of martial law in the
i\RLENED.BROSAS,KABATAAN PARTY-LIST REPRESENTATIVE WHEREAS, Section 18, Article VII of the Constitution provides that 'x Mindanao group of islands for a period not exceeding sixty days,
SARAH JANE I. ELAGO, MAE PANER, GABRIELA KRISTA DALENA, x x In case of invasion or rebellion, when the public safety requires it, effective as of the date hereof.
ANNA ISABELLE ESTEIN, MARK VINCENT D. LIM, VENCER MARI he (the President) may, for a period not exceeding sixty days, suspend
CRISOSTOMO, JOVITA MONTES, Petitioners, the privilege of the writ of habeas corpus or place the Philippines or SECTION 2. The privilege of the writ of habeas corpus shall likewise
vs. any part thereof under martial law x x x'; be suspended in the aforesaid area for the duration of the state of
PRESIDENT RODRIGO DUTERTE, EXECUTIVE SECRETARY SALVADOR martial law.
MEDIALDEA, DEFENSE SECRETARY DELFIN LORENZANA, ARMED WHEREAS, Article 134 of the Revised Penal Code, as amended by R.A.
FORCES OF THE PHILIPPINES CHIEF OF STAFF LT. GENERAL No. 6968, provides that 'the crime of rebellion or insurrection is DONE in the Russian Federation, this 23rd day of May in the year of
EDUARDO ANO, PHILIPPINE NATIONAL POLICE DIRECTOR-GENERAL committed by rising and taking arms against the Government for the our Lord, Two Thousand and Seventeen.
RONALD DELA ROSA, Respondents purpose of removing from the allegiance to said Government or its
laws, the territory of the Republic of the Philippines or any part Within the timeline set by Section 18, Article VII of the Constitution,
x-----------------------x thereof, of any body of land, naval or other armed forces, or depriving the President submitted to Congress on May 25, 2017, a written
the Chief Executive or the Legislature, wholly or partially, of any of Report on the factual basis of Proclamation No. 216.
G.R. No. 231774 their powers or prerogatives';
The Report pointed out that for decades, Mindanao has been plagued
NORKAYA S. MOHAMAD, SITTIE NUR DYHANNA S. MOHAMAD, WHEREAS, part of the reasons for the issuance of Proclamation No. with rebellion and lawless violence which only escalated and
NORAISAH S. SANI, ZAHRIA P. MUTI-MAPANDI, Petitioners, 55 was the series of violent acts committed by the Maute terrorist worsened with the passing of time.
group such as the attack on the military outpost in Butig, Lanao del

Mindanao has been the hotbed of violent extremism and a brewing The events commencing on 23 May 2017 put on public display the • By evening of 23 May 2017, at least three (3) bridges in Lanao del
rebellion for decades. In more recent years, we have witnessed the groups' clear intention to establish an Islamic State and their Sur, namely, Lilod, Bangulo, and Sauiaran, fell under the control of
perpetration of numerous acts of violence challenging the authority capability to deprive the duly constituted authorities - the President, these groups. They threatened to bomb the bridges to pre-empt
of the duly constituted authorities, i.e., the Zamboanga siege, the foremost - of their powers and prerogatives.2 military reinforcement.
Davao bombing, the Mamasapano carnage, and the bombings in
Cotabato, Sultan Kudarat, Sulu, and Basilan, among others. Two In particular, the President chronicled in his Report the events which • As of 2222H, persons connected with the Maute Group had
armed groups have figured prominently in all these, namely, the Abu took place on May 23, 2017 in Marawi City which impelled him to occupied several areas in Marawi City, including Naga Street, Bangolo
Sayaff Group (ASG) and the ISIS-backed Maute Group.1 declare a state of martial law and suspend the privilege of writ Street, Mapandi, and Camp Keithly, as well as the following
of habeas corpus, to wit: barangays: Basak Malutlot, Mapandi, Saduc, Lilod Maday, Bangon,
The President went on to explain that on May 23, 2017, a government Saber, Bubong, Marantao, Caloocan, Banggolo, Barionaga, and
operation to capture the high-ranking officers of the Abu Sayyaf • At 1400H members of the Maute Group and ASG, along with their Abubakar.
Group (ASG) and the Maute Group was conducted. These groups, sympathizers, commenced their attack on various facilities -
which have been unleashing havoc in Mindanao, however, government and privately owned - in the City of Marawi. • These lawless armed groups had likewise set up road blockades and
confronted the government operation by intensifying their efforts at checkpoints at the Iligan City-Marawi City junction.
sowing violence aimed not only against the government authorities • At 1600H around fifty (50) armed criminals assaulted Marawi City
and its facilities but likewise against civilians and their properties. As Jail being manage by the Bureau of Jail Management and Penology • Later in the evening, the Maute Group burned Dansalan College
narrated in the President's Report: (BJMP). Foundation, Cathedral of Maria Auxiliadora, the nun's quarters in the
church, and the Shia Masjid Moncado Colony. Hostages were taken
On 23 May 2017, a government operation to capture Isnilon Hapilon, • The Maute Group forcibly entered the jail facilities, destroyed its from the church.
a senior leader of the ASG, and Maute Group operational leaders, main gate, and assaulted on-duty personnel. BJMP personnel were
Abdullah and Omarkhayam Maute, was confronted with armed disarmed, tied, and/or locked inside the cells. • About five (5) faculty members of Dansalan College Foundation had
resistance which escalated into open hostility against the been reportedly killed by the lawless groups.
government. Through these groups' armed siege and acts of violence
• The group took cellphones, personnel-issued firearms, and
directed towards civilians and government authorities, institutions
vehicles (i.e., two [2] prisoner vans and private vehicles). • Other educational institutions were also burned, namely, Senator
and establishments, they were able to take control of major social,
Ninoy Aquino College Foundation and the Marawi Central Elementary
economic, and political foundations of Marawi City which led to its
• By 1630H, the supply of power into Marawi City had been Pilot School.
paralysis. This sudden taking of control was intended to lay the
groundwork for the eventual establishment of a DAESH wilayat or interrupted, and sporadic gunfights were heard and felt everywhere.
By evening, the power outage had spread citywide. (As of 24 May • The Maute Group also attacked Amai Pakpak Hospital and hoisted
province in Mindanao.
2017, Marawi City's electric supply was still cut off, plunging the city the DAESH flag there, among other several locations. As of 0600H of
into total black-out.) 24May 2017, members of the Maute Group were seen guarding the
Based on verified intelligence reports, the Maute Group, as of the end
entry gates of Amai Pakpak Hospital. They held hostage the
of 2016, consisted of around two hundred sixty-three (263) members,
• From 1800H to 1900H, the same members of the Maute Group employees of the Hospital and took over the PhilHealth office located
fully armed and prepared to wage combat in furtherance of its aims.
ambushed and burned the Marawi Police Station. A patrol car of the thereat.
The group chiefly operates in the province of Lanao del Sur, but has
extensive networks and linkages with foreign and local armed groups Police Station was also taken.
• The groups likewise laid siege to another hospital, Filipino-Libyan
such as the Jemaah Islamiyah, Mujahidin Indonesia Timur and the
• A member of the Provincial Drug Enforcement Unit was killed during Friendship Hospital, which they later set ablaze.
ASG. It adheres to the ideals being espoused by the DAESH, as
evidenced by, among others, its publication of a video footage the takeover of the Marawi City Jail. The Maute Group facilitated the
declaring its allegiance to the DAESH. Reports abound that foreign- escape of at least sixty-eight (68) inmates of the City Jail. • Lawless armed groups likewise ransacked the Landbank of the
based terrorist groups, the ISIS (Islamic State of Iraq and Syria) in Philippines and commandeered one of its armored vehicles.
particular, as well as illegal drug money, provide financial and • The BJMP directed its personnel at the Marawi City Jail and other
logistical support to the Maute Group. affected areas to evacuate. • Latest information indicates that about seventy-five percent (75%)
of Marawi City has been infiltrated by lawless armed groups

composed of members of the Maute Group and the ASG. the Report pointed out the possible tragic strengthen their force.S. pronounced. by way attempt to establish the groups' seat of power in Marawi City for their public order and safety in Marawi City. the Senate declared that it found "no compelling received. and the Philippines sarne. and untold hardships to address the on-going rebellion. In the The unfolding of these events. 5 Proclamation No. Gary C. constitutional and in entire Mindanao. MINDANAO"'. BE IT RESOLVED. The Senate thus resolved as follows: money. 2017. law proclamation and finding Proclamation No. and prerogatives within Marawi City as a precedent to spreading their control over the entire Considering the network and alliance-building activities among The Petitions Mindanao. Alejano. if not the seeds of invasion. deprive the President of his power. and offices in said area. and committing armed uprising against order in the area. 3888 expressing full support to the martial and open defiance of the government. and the brazen display of DAESH flags Resolution No. Troop reinforcements have been Marawi City. These circumstances supervisory powers over local govemments. the suspension of the privilege of the writ of habeas corpus in the Law enforcement and other government agencies now face whole of Mindanao until such time that the rebellion is completely • There are reports that these lawless armed groups are searching for pronounced difficulty sending their reports to the Chief Executive due quelled. and their blatant acts of defiance which embolden other These activities constitute not simply a display of force. seizing public and private facilities. and Teddy Brawner According to the Report. Lawless armed groups have historically used provinces ENTITLED 'DECLARING A STATE OF MARTIAL LAW AND SUSPENDING adjoining Marawi City as escape routes. occupation of several hospitals. have resulted in the deterioration of NOW. the lawless activities of the ASG. defeat his mandate to Marawi City is a vital cog in attaining their long-standing goal: A) G. THEREFORE. as well as the classified reports he The taking up of arms by lawless armed groups in the area. preventing the government from restoring peace and After the submission of the Report and the briefings. Through the attack and In addition to the Report. Movement by both civilians and government issued P. and eventually the rest of Mindanao. and unmistakable intent to remove The groups' occupation of Marawi City fulfills a strategic objective HOUSE OF REPRESENTATIVES TO PRESIDENT RODRIGO DUTERTE AS Marawi City. The House of Representatives likewise issued House population who resist. constitutional and in accordance with the law". accordance with the law. 231658 (Lagman Petition) ensure that all laws are faithfully executed.7 Christian communities in Marawi City to execute Christians. as it is hereby resolved. while thirty. Billones. 216. and remove his absolute control over the entirety of Mindanao. 216 "to be satisfactory. supply lines. and lawless armed men. representatives from the Executive young male Muslims to join their groups. eleven (11) members of the Armed Forces and the performance of their duties and functions. the Filipino people and preserve our national integrity. Lagman. medical services in Marawi City have Department. Jr. the siege of departments. Emmanuel A. and other criminals. there exists a strategic mass action of lawless armed groups in basic services to its citizens. filed a Petition11 Under the Third Paragraph of Section 18 Group. perpetrating killings hampered.: safety necessitates the continued implementation of martial law and five (35) others have been seriously wounded. In addition. Tomasito s. the crucial and significant role it plays in Mindanao. Maute Baguilat. the decimation of a segment of the city groups. led the President to conclude that . Representatives Edcel C. from its allegiance because of its terrain and the easy access it provides to other parts of IT FINDS NO REASON TO REVOKE PROCLAMATION NO. to the Government. No. They are to the city-wide power outages. viz. 3 personnel to and from the city is likewise hindered. sentiments.9 recruitment of young Muslims to further expand their ranks and as a whole. brought about undue constraints and The President ended his Report in this wise: of Article VII of the 1987 Constitution.6 Villarin. the armed consolidation of their members repercussions once Marawi City falls under the control of the lawless The Senate's counterpart in the lower house shared the same throughout Marawi City. 216 and finds no compelling reason to revoke the The cutting of vital lines for transportation and power. particularly in While the government is presently conducting legitimate operations time of this Report. Mindanao. authority. they have likewise of the sense of the Senate. the military and police authorities conducted briefings been adversely affected. that the Senate finds the issuance of planned establishment of a DAESH wilayat or province covering the compromised the security of the entire Island of Mindanao. The Senate hereby supports fully The Report highlighted the strategic location of Marawi City and the Proclamation No. the Senate of government personnel. with same Resolution. support being provided by foreign-based terrorists and illegal drug reason to revoke the same". but a clear armed groups in Mindanao. Resolution No. local criminals. 4 demand swift and decisive action to ensure the safety and security of On June 5. Personnel from the BJMP have been also preventing Maranaos from leaving their homes and forcing prevented from performing their functions. and backdoor THE PRIVILEGE OF THE WRIT OF HABEAS CORPUS IN THE WHOLE OF There exists no doubt that lawless armed groups are attempting to passages.R. public the Philippine National Police have been killed in action. in an attempt to undermine his control over executive terrorist groups. PNP. . 105010 "EXPRESSING THE FULL SUPPORT OF THE constitute a clear. to the civilians. The bridge and road blockades set up by the with the Senate and the House of Representatives relative to the • Based on various verified intelligence reports from the AFP and the groups effectively deprive the government of its ability to deliver declaration of martial law. As of the difficulties to the military and government personnel. 216 to be satisfactory. bureaus.

It concludes that armed resistance was merely to shield Hapilon and the Maute Proclamation No 216 "failed to show any factual basis for the Fourth. 18Based on Proclamation No. 2017. 2017. the Lagman Petition claims that the declaration of martial law brothers from the government forces. or initiated by the government in its bid to capture Hapilon. likewise seeks the nullification of Proclamation No. the Marawi Central outlying areas as mere propaganda114 and not an open attempt to Elementary Pilot School was not burned by the terrorists.38 It also posits that successful in pre-empting the ASG and the Maute Group's plan to there is no lawless violence in other parts of Mindanao similar to that take over Marawi City and other parts of Mindanao. 25 is a mere private army. and the occupation of the Marawi City Hall No. 231771 (Cullamat Petition) Files with Joseph Franco wherein the latter allegedly mentioned that Third.R. it On June 9.17 The Lagman and Basilan.First. had long been resolved. which is akin to "imminent danger" of rebellion. the Lagman Petition claims that the declaration of martial law clarified that the bank was not ransacked while the armored vehicle render "a Decision voiding and nullifying Proclamation No. Citing online reports on the number of foreign fighters allied with ISIS was the interview of Dr.39 It labels as false the claim in the President's Report that the Maute absence of any hostile plan by the Moro Islamic Liberation Front. 14. Court to: (1)"exercise its specific and special jurisdiction to review the commandeered.R. the mass jail break in Marawi City in August 2016. the Lagman Petition claims that the declaration of martial Group and other rebel groups to sow terror and cause death and during the presentation before the Committee of the Whole of the law has no sufficient factual basis because the President's Report damage to property"37 does not rise to the level of rebellion sufficient House of Representatives. It argues that acts commandeered. 216".R. the Davao market bombing. Article VII"33 of the IS brand theatrically to inflate perceived capability". much less x x x allege that alone and did not consult the military establishment or any ranking posits that if at all. and 15. the Court required respondents no proof that its purpose is to remove Mindanao or any part thereof Central Elementary Pilot School.21 to declare martial law in the whole of Mindanao. It contends that these events either took place long that the current armed conflict in Marawi City was precipitated or In particular. 2017. there is only a threat of rebellion in Marawi City public safety requires the imposition o martial law in the whole of official27 before making the proclamation. It contends that the Maute Group and part of the Mindanao State University. the flying of ISIS flag by the Maute Group in Marawi City and other according to Asst. the Mamasapano there is rebellion in Mindanao and that public safety warrants its presence of an ISIS threat in the country but that they merely gave an carnage and other bombing incidents in Cotabato. 34 evasive answer16 that "there is ISIS in the Philippines".24 Lastly. 216 relates to events happening in Marawi City only with the culprits having already been arrested. or its territory. 19 It then any act of rebellion outside Marawi City. It alleges that the bank employees themselves exaggerations. 2017 and that argument on June 13. remove such areas from the allegiance to the Philippine Government points out as false the report on the beheading of the police chief of 231771 and 231774 were filed and eventually consolidated with G. Jr.32 powers and prerogatives therein. No. number of foreign fighters who can lend support to the Maute injured member to the hospital for treatment but did not overrun the 216 for being vague as it failed to identify these rebel groups and Group. the Cullamat Petition assails the inclusion of the phrase "undetermined"28 which indicates that there are only a meager Lagman Petition insists that the Maute Group merely brought an "other rebel groups" in the last Whereas Clause of Proclamation No."35 "failed to allege has no sufficient factual basis considering that the President acted City and remove its allegiance to the Philippine Republic. two other similar petitions docketed as G. it concludes that the objective of the Maute Group's an not in the entire region of Mindanao. Superintendent Ana Alonto.13 It labels Aquino College Foundation is intact as of May 24.29 hospital or harass the hospital personnel. and not to lay siege on Marawi imposition of martial law in the entire Mindanao. Sultan Kudarat. the Lagman Petition claims that the President's proclamation The Cullamat Petition claims that the alleged "capability of the Maute of martial law lacks sufficient factual basis owing to the fact that Second. it was shown that the military was even containef "false. particularly the attack at the Amai Pakpak Hospital. inaccurate. It avers that the Senator Ninoy to comment on the Lagman Petition and set the case for oral from allegiance to the Philippines. the . the for being unconstitutional because it lacks sufficient factual basis that and defense authorities did not categorically admit nor deny the Zamboanga siege.40 refutes the claim in the President's Report that a branch of the Based on the foregoing argumentation. the hospital's Chief. the Cullamat Petition cites alleged inaccuracies. representatives of the military February 2016. and Group attacked Amai Pakpak Medical Center. Saber). Salvador Mison. the Lagman Petition claims that the declaration of martial law the Maute Group is more of a "clan's private militia latching into the has no sufficient factual basis since the President's Report mistakenly The Cullamat Petition. citing as basis the alleged interview of Vera B) G. the Moreover. and (2) Congress. Gen.36 valid ground for the declaration of martial law. and deprive the Chief Executive of the assertion and exercise of his Malabang.26 said statement. Nos. contrived and hyperbolic accounts". there was in Marawi City.30 invasion in Marawi City or in any part of Mindanao. and falsities in the Report of the President to sufficiency of the factual basis of Proclamation No. "anchored on Section 18. the Lagman Petition asks the Landbank of the Philippines was ransacked and its armored vehicle In addition. which is no longer a Mindanao". as additional factual bases for the proclamation of Petition also avers that Lt. himself admitted martial law. 22 The Lagman Petition also specify the acts of rebellion that they were supposedly waging. 15 The Lagman included the attack on the military outpost in Butig. Lanao del Sur. 216 Petition insists that during the briefing.23 It also labels as false the report on the burning of of terrorism in Mindanao do not constitute rebellion 12 since there is the Senator Ninoy Aquino College Foundation and the Marawi In a Resolution31 dated June 6. its laws. declaration. 216" for has no sufficient factual basis because there is no rebellion or was owned by a third party and was empty at the time it was lack of sufficient factual basis. Amer Saber (Dr.20 Finally. 231658. Lanao del Sur in Constitution. it avers that the supposed rebellion described in before the conflict in Marawi City began.

the Cullamat Petition prays for the Court to declare substantiation. first. a suit mandatory. posits that although Section 18. on the part of the Court. the power to the privilege of the writ of habeas corpus in Mindanao"57 and declare be assessed from the trajectory or point of view of the President and declare martial law. Noting that the same coincided with guided only by the information and data available to him at the time that the Marawi incidents "do not equate to the existence of a public the celebration of the 119th anniversary of the independence of this he made the determination. mode or remedy through which government facilities. Report to the Congress. the Mohamad Petition prays for the Court to exercise its governmental actions are presumed to be valid and constitutional. mode or Proclamation No. plan of taking over the whole of Mindanao.65 Arbitrariness. Article VII may be availed of using the vehicle.53 Section 18. Sufficiency of [the] Factual Basis of [the] Declaration of Martial Law insists that the Court may "look into the wisdom of the [President's] should be the standard in reviewing the sufficiency of factual basis.41 that the Marawi armed hostilities is merely a prelude to a grander the "appropriate proceeding" mentioned therein may be resorted to. moreover. No. his basis. not correctness. Article to prove the sufficiency of the factual basis is shifted to and lies on with the petitioners to prove that Proclamation No. the killing of five establish an Islamic State. is not yet present in Mindanao. the Mohamad Petition yardstick of correctness of the facts. of Article the Court find justification for the declaration of martial law and The Mohamad Petition posits that immediately after the declaration VIII. denominated as a "Petition for Review of the the privilege of the writ of habeas corpus.55 It thus asks the Court "to compel the factual basis. 216 is bereft of VII of the Constitution. it would in effect usurp the powers of the Moreover. it alleges that the statements contained in the President's of the factual basis of the declaration of martial law.71 The OSG thus asserts that facts that necessity brought about by an actual rebellion. which would compel Republic. 54 Further. 231774 (Mohamad Petition) Finally. The OSG suggests that the assessment justified if the rebellion or invasion has reached such gravity that [its] it against all threats from within and outside our shores"."43 labels itself as "a special proceeding"44 or an "appropriate asserts that since it is making a negative assertion.R. standard.51 It proposes that "[m]artial law can only be rallying call for every Filipino to unite behind one true flag and defend proclamation of martial law. "he who alleges must prove" 67 and that of less severe remedies. the OSG contends that the sufficiency C) G. either under Section 1 or 5.59 of after-proclamation facts lies with the President and Congress for imposition x x x is compelled by the needs of public safety" 52 which. to declare the same as unconstitutional insofar as its inclusion may already be brought before the Court to assail the sufficiency of Court has the discretion not to give due course to the petition. and the attacks on various duly constituted authorities of their powers and prerogatives. i. Prescinding from the foregoing. 216 for lack of sufficient factual base on the facts available to him at the time the decision was discretion to choose which extraordinary power to use.50 It asserts 2017. the power to suspend the factual basis [of] the declaration of martial law and the suspension of Likewise.ambush and burning of the Marawi Police Station. the factual situation in Marawi The respondents' Consolidated Comment58 was filed on June 12.1âwphi1 It thus takes issue with petitioners' attempt to [r]espondents to divulge relevant information"56in order for it to shift the burden of proof when they asked the Court "to compel [the] The Mohamad Petition posits that martial law is a measure of last review the sufficiency of the factual basis.69 It argues that the sufficiency of the factual basis should be choice must be dictated only by.e.63 of the other parts of Mindanao. 216 as unconstitutional or in the alternative. are conclusions bereft of The OSG suggests that the "appropriate proceeding" referred to in In fine.49 The Consolidated Comment made his decision to declare martial law because to do so would subject the exercise of the President's discretion to an impossible According to the Mohamad Petition. then the burden The OSG maintains that the burden lies not with the respondents but proceeding filed by any citizen"45 authorized under Section 18. 216" should serve as "a considered in the review of the sufficiency of the factual basis of the writ of habeas corpus". the respondents. "compel respondents to present proof on the power to call out the armed forces. 216 should be reviewed by factual basis for the declaration of martial law and the suspension of the Court "under the lens of grave abuse of discretion"64 and not the The Mohamad Petition. For the OSG.48 It maintains that the President has no as unconstitutional Proclamation No. 62 The City.. respondents to present proof on the factual basis"66 of Proclamation resort46 and should be invoked by the President only after exhaustion No. but discretionary only. the purpose of determining the propriety of revoking or extending it believes.70 It reiterates that the President's decision should be is not so grave as to require the imposition of martial law. and finally. the power to review. and commensurate to. it Corpus. the martial law. 216. as required by the Court. the Office of the Solicitor General (OSG) felt that "defending were established after the declaration of martial law should not be the imposition of martial law or the suspension of the privilege of the the constitutionality of Proclamation No. to wit: that the Maute Group intended to however.42 the factual basis of Proclamation No. the OSG posits that the sufficiency of the factual basis must privilege of the writ of habeas corpus.61Corollarily. and provision failed to specify the vehicle. 60 The OSG. in invoking this Court's power to review the sufficiency ofthe of the factual basis of Proclamation No. Article VII lays the basis for . made. 216. 68 of the President should be dispensed sequentially. the OSG maintains that the review power is not suspension of the privilege of the writ of habeas corpus in Marawi of martial law. Article VII of the Constitution proclamation-facts in its review of the sufficiency of the factual basis vests the Court with the authority or power to review the sufficiency for the proclamation. and [the] Suspension of the Privilege of the Writ of Habeas actions. [and] not just the presence of arbitrariness". the examined not based on the facts discovered after the President had exigencies of the situation.47 It contends that the extraordinary powers In closing. second. The OSG fears that if the Court considers after- The OSG acknowledges that Section 18. the same constitutional teachers of Dansalan College Foundation. that they have the capability to deprive the the exercise of such authority or power. should remedy of a certiorari petition. and without waiting for a congressional action.

or will sustain.77 OUR RULING c. It maintains that the a. even if subsequent events prove the situation to have equivalent to actual rebellion and the requirements of public safety factual basis. Whether or not the power of this Court to review the sufficiency of validly refute the facts cited by the President in Proclamation No. 55 s. having the requisite 'standing' to challenge it. since it has no guidelines specifying its actual operational basis of the declaration of martial law or the suspension of the of martial law or the suspension of the privilege of the writ of habeas parameters within the entire Mindanao region. Whether or not nullifying Proclamation No. Whether or not the armed hostilities mentioned in Proclamation extended. Article VII of the Constitution sufficient to file the appropriate proceeding to assail the sufficiency of the factual invoke the mode of review required of this Court when a declaration b. the OSG points out that it has no duty or burden to prove that Proclamation No. or any official for that matter. Finally. or Philippines. namely calling out powers. since the b. 216". Whether or not there were sufficient factual [basis] for the b. Locus standi of petitioners. What are the parameters for review? After the oral argument. and 231774 are the "appropriate proceeding" covered by a."80 Over the years. For the OSG. Whether or not the President in declaring martial law and 7. twice removed. region. relaxation of the rule on legal standing. the OSG opines that the petitioners miserably failed to 3. the OSG still endeavors memoranda and supplemental memoranda. 2016. . will not nullify the said c. for the existence of actual rebellion." or found in Section 18 of Article VII which provides that any citizen may Paragraph 3. What is the threshold of evidence? The facts laid out by the OSG in its Consolidated Comment will be I."75 and thus inadmissible and without probative value. the lack of recommendation from the Defense Secretary. 76 proclamation of martial law or the suspension of the privilege of the to quell lawless violence in Marawi and other parts of the Mindanao writ of habeas corpus. Whether or not terrorism or acts attributable to terrorism are declaration. direct injury as a result of considered. a prime example of which is 231771. or compromise the sufficiency of the proclamation. a. 5. Commander-in-Chief. have the effect of recalling Proclamation No. sufficient to declare martial law or suspend the privilege of the writ of habeas corpus. 216 of 23 May 2017 may be such that he has sustained."79 As a general rule. and Moreover.72 suspending the privilege of the writ of habeas corpus: No. is required to be factually correct or only not arbitrary in his on intelligence reports coming from the Armed Forces of the appreciation of facts. is required to take into account only the situation at the time of the 8.74 Also. the challenger must have "a personal and substantial interest in the case The issues as contained in the revised Advisory78 are as follows: 6. also nullify the acts of the President in calling out the armed forces the "legal presumption bestowed on governmental acts".R. suspension of the constitutional question is brought before [the Court] by a party ISSUES privilege of the writ of habeas corpus. 216 and in the Report of the President to Congress are sufficient [bases]: It is also the assertion of the OSG that the President could validly rely a. with its inclusion of "other rebel groups. privilege of the writ of habeas corpus.e. and could not overcome 4. "[T]he only requisite for corpus is promulgated. "the as Commander-in-Chief. 231658.. there has been a trend towards 1. Section 18. Whether the exercise of the power of judicial review by this Court involves the calibration of graduated powers granted the President One of the requisites for judicial review is locus standi. Whether or not Proclamation No. 216 has sufficient factual basis. 216 of 23 May 2017 and in his Report to the Congress by merely citing news reports that suspension of the privilege of the writ of habeas corpus is will: supposedly contradict the facts asserted therein or by criticizing in independent of the actual actions that have been taken by Congress piecemeal the happenings in Marawi. of the writ of habeas corpus in the entire Mindanao 1 region.73 and that he could not be expected to personally determine the veracity of thecontents of the reports. vague and thus null and void: its enforcement. to lay out the factual basis relied upon by the President "if only to b. i. for a declaration of martial law or the suspension of the privilege power to impose martial law is vested solely on the President as Secretary of National Defense. and declaration of martial law. not been accurately reported.Congress to determine whether martial law should be revoked or 2. Nos. Whether or not the petitions docketed as G. the parties submitted their respective burden rests with the petitioners. However. 216 the factual basis [of] the proclamation of martial law or the 9. a. the said news jointly or separately. Who has the burden of proof? remove any doubt as to the constitutionality of Proclamation No. or articles are "hearsay evidence. discussed in detail in the Court's Ruling. or affect its validity. is required to obtain the favorable recommendation thereon of the b.

Bernas). 1050 expressing full support to President Duterte and The Court agrees. of emergency powers. Article VII. martial law ruling of this Court in In the Matter of the Petition for being espoused by the petitioners in the Lagman Petition. and purpose of a law or brought before it for resolution. By such resolution. The new formula included revised grounds that the phrase "in an appropriate proceeding" would refer to a third paragraph of Section 18. and the good to be clearly from the law or it will not be held to exist. the manner of activating Petition for Certiorari pursuant to Section 1 or Section 5 of Article VIII. Article VII (Executive Department) of for the activation of emergency powers. Besides. It is likewise settled that in the requirements of a [bona fide] case or of standing. sufficiency of the factual basis of the proclamation of martial law or respondents did not question petitioners' legal standing. the history of the times out of which it grew absence of a clear legislative intent. however."82 similarly. It must be martial law or the suspension of the privilege of the writ or the emphasized that under Section 18."81 any citizen. Supreme Court decisions during b) "In an appropriate "appropriate proceeding" covered by paragraph that period upholding the actions taken by Mr. all women. 216. the 1987 Constitution which provides: them. Article VII reveals that for them to be elected as representatives. as well as the transcendental issues involved in the writ of habeas corpus is not a political question but precisely within by the Constitution or by the law.standing to challenge the validity of the suspension is that the The Supreme Court may review. the sufficiency of the factual basis of the proclamation of the factual basis of the proclamationor suspension.91 cognizance of the fact that petitioners in the Lagman Petition are all accomplished are proper subjects of inquiry. Habeas Corpus of Lansang. Section 18. jurisdiction cannot be implied paramount to [the requirement of legal standing] could compel and to which it may be rationally supposed to bear some direct from the language of the Constitution or a statute. been specifically conferred by the Constitution or by some legislative will not venture into this matter. the petitioners theorized that the emasculate its constitutional task under Section 18. "the Court is not entirely act. Thus. the scope of the powers. in an appropriate proceeding filed by functions. (Fr. Bernas. which is in direct contrast to the views and arguments Constitution or by law. went about reformulating the Commander-in-Chief powers with a view to dismantling what had been constructed during It could not have been the intention of the framers of the Constitution All three petitions beseech the cognizance of this Court based on the the authoritarian years. explained: it specifically grants authority to the Court to determine the them as suing in their own behalf as citizens of this country. it is not the proper tool to review the sufficiency of challenger be a citizen. no body or tribunal has the power to act or pass upon a matter without discretion to accept a suit which does not satisfy the "In determining the meaning. however. Joaquin G. 90 It must appear assumption of jurisdiction. Article VII of the Constitution authoritarian rule part of Philippine constitutional jurisprudence. suspension of the privilege of the writ of habeas corpus. the trend towards relaxation of the rules on declaration of martial law or the suspension of the privilege of the It is settled that jurisdiction over the subject matter is conferred only legal standing. the House of Representatives is declaring that it finds no reason to a) Jurisdiction must be The third paragraph of Section 18. and must promulgate its decision thereon within review the sufficiency of the factual basis of the President's exercise capacities as citizens of the Republic. petitioners therein did not categorically mention that they jurisdiction of this Court under the third paragraph of Section 18. the Court can take judicial relationship.94 (Emphasis supplied) respondent has committed any grave abuse of discretion amounting to lack or excess of jurisdiction in the performance of his or her . the same would legal [age]. Put differently. Article VII is to Members of Congress couLd have elicited a vigorous discussion of Article VIII. all of standard of review used in a petition for certiorari. During the oral argument. Whether or not the petitions are the the Philippines from 1972 to 1986. intent. the evils intended to be remedied.88 constitutionalize the pre-Marcos considering the issuance by the House of Representatives of House martial law ruling in In the Matter of Resolution No. The Commander-in-Chief provisions of the 1935 Constitution had enabled President Ferdinand Marcos to impose authoritarian rule on II. a member of the Constitutional Commission that A plain reading of the afore-quoted Section 18.83 In the Lagman Petition. the Petition for Habeas Corpus of Lansang. Article VII was inserted by the review the sufficiency of the factual basis of the martial law specifically conferred by the framers of the 1987 Constitution to constitutionalize the pre-Marcos declaration. After all. Marcos made proceeding" does not refer to a 3."86 In any case.J. citizens of the Philippines since Philippine citizenship is a requirement S. finding no reason to revoke Proclamation No. petitioners in the thirty days from its filing. and review of presidential The standard of review in a petition for certiorari is whether the action. if this Court applies the Mohamad Petition all claim to be "Filipino citizens.84 That they are suing in their official capacities as Supreme Court different from those enumerated in Sections 1 and 5 Section 18.92 to wit: that the factual basis of the Considering. 89 Unless jurisdiction has present Petitions. are suing's citizens but merely referred to themselves as duly elected Article VII is sui generis. these facts. and residents of Marawi City". Article VII. The petition for certiorari filed under sufficient to invoke the mode of review required members of the Constitutional Commission."93 Fr. Considerations constitutional provision. very much aware of Section 1 or 5 of Article VIII by the Court. He need not even be a taxpayer. the Court is tasked to Petitioners in the Cullamat Petition claim to be "suing in their extension thereof. the Court will exercise judicial self-restraint85 and the ambit of judicial review. We will therefore consider drafted the 1987 Constitution.87 It is a special and specific jurisdiction of the c) Purpose/significance of Representatives.

MONSOD. what happened to us during the past administration. Marcos. Yes. that administration. But given the possibility that there would privilege of the writ of habeas corpus is not subject to judicial be another Marcos. suppose he has strong and compelling reasons in seeking to delete government by force and violence. At the end of 60 days. the constitutional power of the President to suspend the always exists. This situation arises in cases of invasion or rebellion.97 abandoned the ruling it automatically terminates.98 MR. widespread lawlessness and sufficiency of the factual basis of said proclamation or suspension. SUAREZ. this declaration has a time members of the Congress'? the declaration of martial law by former President Ferdinand E.To recall. our Constitution now has sufficient safeguards. as the Gentleman has mentioned. The Constitution is the President on the exercise of the supposed to balance the interests of the country. in because this means that he is vesting exclusively unto the President country. . Marcos was able to do all those against possible abuse by the President in the exercise of his power violence and force have assumed the magnitude of an actual state of things mentioned. It The Commissioner is proposing a very substantial amendment anarchy and chaos and disorder now prevailing throughout the further designated this Court as the reviewing tribunal to examine. by inserting Section 18 in Article VII which allows judicial review determine these factors. the right of the judiciary to MR. SUAREZ. even during the of habeas corpus and declare martial law in our country without factual basis of the declaration of martial law and the suspension of discussions on the Bill of Rights. in the case of Mr. Would the Gentleman still insist on the deletion of the privilege of the writ of habeas corpus is not a political question is a situation of actual invasion or rebellion. which condition has been brought about by groups of men an appropriate proceeding. the Court held in the 1951 case of Montenegro v.99 This is clear from the records No. he in Lansang and reverted to Montenegro. And here we are extraordinary powers. if we give exclusive right to the President to there is an exclusive right to determine the factual basis because the Thus. the writ of habeas corpus. the extent of which has now Castaneda95 that the authority to decide whether there is a state of this particular. the the phrase 'and. in an appropriate proceeding filed by any citizen. in his capacity as martial law or suspension of the privilege of the writ of habeas of the Constitutional Commission when its members were Commander-in-Chief of all the Armed Forces of the Philippines and corpus within the ambit of judicial review.96 However. the interpretation justifiable reason. And he gave all reasons in order to suspend the privilege of the writ reversed in the 1971 case of Lansang where it was held that the And in previous interpellations regarding this phrase. 1081 was issued by Ferdinand E. This ruling was MR. as I understand it. According to the Supreme inquire into the sufficiency of the factual basis of the proclamation is undoubtedly an aberration in our history Court. with the concurrence of at least a majority of all the and is within the ambit of judicial review.Marcos. may I call the attention of the Gentleman to the sufficiency of the factual basis of the proclamation of martial law effect constitutionalized and reverted to the Lansang doctrine. unlike in 1972 when Mr. Given our traumatic experience during the past As I said. May we be informed of his good and assumed the proportion of an actual war against our people and the rebellion requiring the suspension of the privilege of the writ substantial reasons? legitimate government . Thirdly. the framers of the framers of the Constitution deemed it wise to insert the now third And may I also call the attention of the Gentleman to General Order 1987 Constitution not only placed the President's proclamation of paragraph of Section 18 of Article VII.. Reeling from the aftermath of the Marcos martial law. Secondly. it also relaxed the rule on deliberating on whether the President could proclaim martial law pursuant to Proclamation No. Marcos. Marcos in his capacity as and must promulgate its decision on the same within 30 days from its d) Purpose of Section 18. especially the existence of an invasion or paragraph beginning on line 9 precisely tells us that the Supreme of the declaration of martial law and suspension of the privilege of rebellion and the second factor of determining whether the public Court may review. It is only good for a maximum of 60 days. Thank you. or after President has to act quickly. corpus. Proclamation or the suspension of the privilege of the writ or the extension thereof No. Enrile. Whereas. in 1983. 3. also promulgated by Ferdinand E. it is not really true. the rebellion and armed action undertaken by these trying to balance the public interest in case of invasion or rebellion as lawless elements of the Communists and other armed aggrupations against the rights of citizens. martial law having been declared because of wanton conferred upon any citizen a demandable right to challenge the destruction of lives and properties. inquiry. the To give more teeth to this additional safeguard. even during those first 60 days.100 to declare martial law or suspend the privilege of the writ of habeas war against our people and the Republic of the Philippines. I and state power in the Philippines in order to take over the date of filing. in Garcia-Padilla v. Madam President. among other things: sufficiency of the factual basis of such proclamation or suspension. and national consciousness. MONSOD. Article VII is to provide additional purportedly under Article VII. the framers of the 1987 Constitution in safety requires it or not. Thus: wherein he said. President of the Philippines by virtue of the powers vested upon him filing. Whereas. Section 10 (2) of the Constitution. the sufficiency of the factual basis and to the right to determine the factors which may lead to the declaration who are actively engaged in a criminal conspiracy to seize political render its decision thereon within a limited period of 30 days from of martial law and the suspension of the writ of habeas corpus. 1081 dated September 21. fuse.. the third paragraph of Section 18. the Court. phrase. In these situations. Madam President. Moreover. of habeas corpus is lodged with the President and his decision thereon is final and conclusive upon the courts. Article VII veritably MR. Article VII is meant to provide additional safeguard organized to overthrow the Republic of the Philippines by armed safeguards. And I am saying that there are enough Section 18. 1972 standing by allowing any citizen to question before this Court the even without the concurrence of Congress. safeguard against possible abuse by wherein he made this predicate under the "Whereas" provision: I believe that there are enough safeguards.

at this point. or ruling of the Commission revoking the same. During the oral argument. Constitution to place additional safeguards against possible martial denominated as a complaint. in giving its imprimatur to Proclamation No. those powers can be exercised only in two cases. Congress may revoke the vindicates the dissenting opinions I have written during my tenure in Petition for Certiorari is likewise not applicable under the third proclamation or suspension. On the other hand. of opposing the intent of the Constitution. Article VII of the 1987 Constitution is duration of his/her life. its jurisdiction to be the Government: on' the part of the President as Commander-in-Chief.101 paragraph of Section 18. and resorting to his extraordinary powers to declare martial law and The flagrant abuse of that power of the Commander-in-Chief by Mr. the action of the make it sui generis. the mode of deciding them. and on the part of Marcos caused the imposition of martial law for more than eight last paragraph of Section 4. This is the primary reason why the provision was not placed in for Certiorari filed under the expanded jurisdiction of this Court questioning the sufficiency of the factual basis of the exercise of the Article VIII or the Judicial Department but remained under Article VII would. deliberations. Sections I and 5 of Article VIII there are specific provisions which curtail the extent of such powers. . which revocation shall not be set aside the Supreme Court in the martial law cases. jurisprudence which render[s] the executive action a political The unique features of the third paragraph of Section 18. She said: paragraph of Section 18. a petition filed pursuant revoke. of Section 18. or vest jurisdiction to military file it."104In fine. 216 and not years and the suspension of the privilege of the writ even after the review on certiorari the decision.102 The power of the Court to Congress. or suspend the privilege of the writ. in sole judge of all contests relating to the election. as in these cases. f) To interpret "appropriate A proceeding "[i]n its general acceptation. contradict the clear intention of the framers of the Chief Executive's emergency powers. order. of Article VIII would be contrary to in suits. Article VII considering the limited period by the President. Article VII is proceeding" appearing on the third paragraph of Section 18. of conducting them. proclamation of martial law or the suspension of The executive power is vested in the President of the Philippines the privilege of the writ of habeas corpus under elected by the people for a six-year term with no reelection for the g) Jurisdiction of the Court is Section 18. clearly indicate that it should be treated as sui generis separate and a) The judicial power to review different from those enumerated in Article VIII. Article VII. Under the third versus the congressional power to For the first time. President Cecilia Muñoz Palma expressed her the framers of the Constitution added the safeguard under the third III. To conclude that the "appropriate proceeding" refers to a Petition VII refers to any action initiated by a citizen for the purpose of Chief. invasion or rebellion Article IX(A). the third paragraph of Section 18.103 The framers of the 1987 Constitution reformulated the scope of the when public safety demands it. The usual period for filing pleadings in sufficient factual basis. It could be or the Executive Department. and reserving to Congress the power to revoke such suspension h) Unique features of the third the review of the said presidential action. Article the curtailment of the extent of the powers of the Commander-in.e) Purpose of Section 18. does not suspend the operation of the Constitution nor abolish civil therewith will follow a different rule on standing as any citizen may courts or legislative assemblies. Said provision of the Constitution also limits the issue to the The Court may strike down the presidential proclamation in an tribunals over civilians. or a matter to be resolved by law abuse for. Article VII President's extraordinary powers of suspending the privilege of the be revoked by the President. lifting of martial law in 1981. Article VII the Court. Article VII on top of the expanded sufficiency of the factual basis of the jurisdiction of this Court. writ of habeas corpus and imposing martial law are subject to the President is made subject to judicial review. and of executing. there is a provision that the state of martial law paragraph of Section 18. thereby again discarding veto powers of the Court and Congress. More importantly. the manner of intervening the powers of the President. office of the President are granted. a petition. Sections 1 and 5 of Article VIII. Please sufficiency of the factual basis of the exercise by the Chief Executive appropriate proceeding filed by any citizen on the ground of lack of forgive me if.105 the OSG urged the Court to give! Most significant is the power of the Chief Executive to suspend the The jurisdiction of this Court is not restricted to those enumerated in deference to the actions of the two co-equal branches of the privilege of the writ of habeas corpus or proclaim martial law. During the closing session of the Constitutional Commission's would be subsumed under Section 1 of Article VIII. qualifications of the President or Vice-President can be found in the suspend the privilege of the writ of habeas corpus. The new Constitution now provides that on Elections and Commission on Audit can be found in Section 7. Article VII question and beyond the jurisdiction of the courts to adjudicate. The power of the Court to review the sentiments on the 1987 Constitution. however. only for a period not exceeding 60 extraordinary powers of the President as Commander-in-Chief and days. therefore. nonetheless for the first time. returns. I state that this constitutional provision of his emergency powers. Article VII. In particular. the phrase "in an appropriate The most important objective. the or proclamation of martial law which congressional action may not paragraph of Section 18. While traditional powers inherent in the not restricted to those enumerated in independent of the actions taken by Congress. In other words. For instance. [is] the form in which Article VII is to curtail the extent of proceeding" as filed under Section 1 actions are to be brought and defended. within which this Court has to promulgate its decision. judgments. invariably.

Needless express duty to defend the Constitution through such review should emergency powers. Congress could probe deeper and further. The judicial power to review the sufficiency supervening the declaration. considered' itself just on stand-by. although the Constitution reserves to the Supreme Court the power to review the sufficiency of the factual basis of the powers may be resorted to only under specified conditions. consideration not only data available prior to. President Macapagal-Arroyo of the President's decision of which among his graduated powers he will avail of in a given In addition." It is an aberration. situation. therefore. may resort to this extraordinary power whenever it becomes If the Congress procrastinates or altogether fails to fulfill its duty necessary to prevent or suppress lawless violence. May I also inform Commissioner Quesada that the by Congress. the Court willingly but unwittingly review. A petition for a writ of habeas of Congress does not deprive or deny the Court of its power to review.In reviewing the sufficiency of the factual basis of the proclamation xxxx We. clipped its own power and surrendered the same to Congress as well as: abdicated from its bounden duty to review. but likewise events and the Supreme Court shall also review the factual basis. the filing of a petition "in an appropriate proceeding" by a citizen.116 In fact. "[T]he power to call is fully discretionary to the was to vest the Court and Congress with veto powers independently expected of it. Unlike the Court I which does not look of factual basis of the declaration of martial law into the absolute correctness of the factual basis as will be discussed c) Re-examination of the or the suspension of the privilege of the writ of below. validity of the President's proclamation of martial law or suspension of the writ of habeas corpus is first a political question in the hands a) Extraordinary powers of the b) The framers of the 1987 of Congress before it becomes a justiciable one in the hands of the President distinguished. But now. the power to review by the Court and the power to revoke by proclamation or suspension in a proper suit. QUESADA. Only when Congress defaults in its Commander-in-Chief by revising the "grounds for the activation of which is. x x x110 grave abuse of discretion. it is implicit that the Congress are not only totally different but likewise independent from Court must allow Congress to exercise its own review powers. it can delve into the Court's pronouncement in Fortun v. "the actual use to which the MS. The 1987 Constitution imposed the following limits in the exercise arrested or that the Congress has been padlocked. the Court's review power is passive."117 proclamation. the pleadings. Constitution intended the judicial Court. and independently from. the calling out power is the independently from the congressional xxxx most benign and involves ordinary police action."106 On the other hand. Corollary. Yes. Yesterday. hold that the Court can simultaneously exercise its or suspension. the Court considers only the information and data power of review with. if they cannot meet because they have been declaration. it is only initiated by Considering the above discussion. RAMA. and ascertain if it has a factual permissible constitutional boundaries or in a manner not constituting basis.111 of these powers: "(1) a time limit of sixty days. b) suspending the privilege proclamation or suspension was made. then who is going proceeding. the other hand. and review of presidential action. and public safety requires MS. the scope of the to say. we quote the following exchange: challenging the President's action."113 independently from the power of revocation of Congress. which The framers of the 1987 Constitution reformulated the powers of the each other although concededly. On examine. x x x107 IV. they have the same trajectory. it MR. a stray when there is actual invasion or rebellion.112 These Consequently. or If only to show that the intent of the framers of the 1987 Constitution respecting the proclamation or suspension within the short time rebellion. the manner of activating them.109 power to review to be exercised Among the three extraordinary powers. hear the petitions President. reconsider. of the writ of habeas corpus. which must be rectified and set aside in this it. the power to revoke available to the President prior to or at the time of the declaration. waiting and willing to act as a of habeas corpus and/or declaring martial law may be exercised only substitute in case Congress "defaults.114 The President power to revoke. the Court The extraordinary powers of suspending the privilege of the writ MR. and c) declaring martial law. the nullification of the presidential proclamation. (2) review and possible to declare that such a proclamation was not warranted? . Thus. can immediately be applied for. any perceived inaction or default on the part is not allowed td "undertake an independent investigation beyond judiciary is not exactly just standing by. The constitutional powers. is automatic rather than initiated. Worse. then the Court can step in. REGALADO. invasion. and set aside its pronouncement in Fortun v. the Court finds it imperative to re. Congress' review mechanism is automatic in the President Macapagal-Arroyo108 to the effect that: The President as the Commander-in-Chief wields the extraordinary sense that it may be activated by Congress itself at any time after the powers of: a) calling out the armed forces. if the Members are detained. the understanding of many was that there President puts the armed forces is x x x not subject to judicial would be safeguards that Congress will be able to revoke such By the above pronouncement. Congress may take into corpus. habeas corpus does not extend to the calibration accuracy of the facts presented before it. QUESADA."115 the only limitations being that he acts within from each other. the power of the Court to review can be exercised the Supreme Court step in as its final rampart.

precisely."121 authority to issue orders which have the effect of law but strictly in a with the condition in a locality. with law. in fact. During the oral argument. In particular. We say here that we will never allow that except in areas in. This is in reference to a theater of of the writ of habeas corpus is also suspended. the President agencies over civilians' has reference to the practice under the automatically has legislative power.128 exercise requires more stringent safeguards by the Congress. which is normally a function of the the privilege of the writ of habeas corpus or declaration of martial During martial law. the President exercises police power. But in the general area assemblies. and the The question now is: During martial law. From the most to the .122 As such. Clearly. however. meaning. So these two clauses denied that. quoting Justice rights and individual freedom. 2006. and effect. [and] (3) review and possible nullification by Constitution.126 The powers to declare martial law and to suspend the privilege of the martial law. and clarified the meaning of martial law. can the President issue A state of martial law is peculiar because the President. while martial law poses the most severe the President to call on the armed forces? The first and second lines threat to civil liberties. BERNAS. in fact. It is a state of things brought about by the realities of the the Committee: What precisely does martial law add to the power of situation in that specified critical area. or arrangement by The provision is put there. Moreover. That is correct. the 1987 Constitution gives the "President. It is not brought about by a declaration of the sequence. not in the situation we had during the period of the State. BERNAS.124 Committee on Justice on March 13. (b) ban arrest and punishment. declaration of martial law. In actual war when there is the military’s assistance. such suspension also discussed by the framers of the 1987 Constitution.127 the Court. to reverse the doctrine of the Commander-in-Chief. unable to function and it becomes the Supreme Court. President's prerogative to declare a state of martial law. the citizens must. as Commander- A state of martial law does not suspend the operation of the civilians. That same question was asked during the meetings of MR.119 They perceived the phrase "imminent danger" to be "fraught commanding general in a theatre of war. which remains under the control of theater of war.125 The framers of the 1987 Constitution eliminated insurrection. (c) [takeover] of news media and agencies and difficult to restore order and enforce the law. at such a phrase "imminent danger thereof' as grounds for the suspension of decrees? The answer we gave to that question in the Committee was: time. necessary for some kind of court to function. it does not refer to a FR. FOZ. BERNAS. a 'sequence' of 'graduated power[s]'. limiting it to martial review by the Court. viz. BERNAS.. I think it is the case of Aquino v. This phrase was precisely put here because we have press censorship. Marcos regime where military courts were given jurisdiction over Indeed. President Macapagal-Arroyo."120 besides. Mendoza's (Justice Mendoza) Statement before the Senate serves as a warning to citizens that the Executive Department has theater of war. applies only to those judicially charged with rebellion or offenses connected with invasion. to ensure public safety and in place of with possibilities of abuse.130 the Constitution has safeguards against the in this provision state: FR. the President may have the powers of a Legislature. civil courts are President may perform do not give him unbridled discretion to b) What really happens during martial law? unable to function. that the above-cited acts that the is a law for the theater of war.: war where the civil courts. there is an effort here to return to the writ of habeas corpus involve curtailment and suppression of civil traditional concept of martial law as it was developed especially in In David v. COMELEC where the authorize the conferment of jurisdiction on military courts and adhere to. A state of martial law does not suspend the operation of the MR. The understanding here is that the phrase 'nor which the Commander-in-Chief must Supreme Court. the declaration of martial law American jurisprudence. and (d) issuance of Presidential Decrees x x x". refers to hierarchy based on scope legislative assemblies. nor supplant the functioning of the civil courts or declaration of the Commander-in-Chief. therefore. that it Worthy to note. the President as Commander-in-Chief may and while the emergency remains. from the foregoing. And in such instance where the privilege exercise if there is no martial law? Interestingly. these questions were be given jurisdiction over civilians. under pain of xxxx order the "(a) arrests and seizures without judicial warrants. not act in a manner that will render it more on public assemblies. And it is not something that is brought about by a c) "Graduation" of powers Constitution.revocation by Congress. In a theater of war.Chief. infringe on the rights of civilians during martial law. If in the actual theater of war civil courts."118 separation of powers. order. where martial law has reference to the Vicente V. In other words. This is because are unable to function. in fact. stated that under a valid called upon the military to assist in the maintenance of law and order. the calling out power of the fighting in an area.129 FR. are unable to function. Supreme Court said that in times of martial law. the President as the commanding general has the government agencies which for the time being are unable to cope President "is sufficient for handling imminent danger. FOZ.123 law as it has existed in the jurisprudence in international law. it does not suspend the principle of where civil courts are. exercises police power. the following questions cropped up: What give jurisdiction even over civilians to military courts precisely neither does it supplant the operation of civil courts or legislative really happens during the imposition of martial law? What powers because the civil courts are closed in that area. then the military commander is authorized to martial law does not suspend the operation of the Constitution. their FR. the guarantees under the Bill of Rights remain could the President exercise during martial law that he could not where the civil courts are open then in no case can the military courts in place during its pendency.. Thus.

these are: the calling out power. for a period of 60 days.' not really true. at least initially. with the concurrence of at least a majority Marcos. majority of the Members of the Congress. amend. also lies. SUAREZ. refers only to hierarchy based on scope and effect. But even that the Committee. and the power to declare martial law and suspension of the privilege. even during those first 60 days. is a situation of actual invasion or rebellion. it therefore necessarily follows even revoke the proclamation. in the case of Mr. First and foremost. is no need for concurrence of the Members of Congress because the which among these extraordinary powers to wield in a given set of provision says 'in case of actual invasion or rebellion. In these situations. the matter of declaring martial law is already a justiciable President has to act quickly. MONSOD. or shorten or even period of 60 days may be shortened by the Congress or the Senate These extraordinary powers are conferred by the Constitution with increase the period of such suspension. that the graduation martial law. as Commissioner Crispino de Castro said. I government. SUAREZ. . Thirdly. and the very integrity of the State.] he imposition of martial law or suspension of the privilege of the writ is undoubtedly an aberration in our history and national of habeas corpus further supports the conclusion that judicial review The Commissioner is suggesting that in connection with Section 15. the framers of the 1987 Constitution removed the exclusive right to determine the factual basis because the paragraph being on line 9 precisely tells us that the Supreme court may review. lies with the President. Voting of all the Members of the Congress. xxxx xxxx The elimination by the framers of the 1987 Constitution of the requirement of prior concurrence of the Congress in the initial MR. This so-called "graduation of We all agree with the suspension of the writ or the proclamation of that this would be an exclusive prerogative of the President? powers" does not dictate or restrict the manner by which the martial law should not require beforehand the concurrence of the President decides which power to choose. PADILLA. because this means that he is vesting exclusively unto the President Commander-in-Chief.. Madam President. President. As I said. 132 because the roads might be blocked or barricaded. the Commissioner is suggesting Commander-in-Chief must follow. As invasion and rebellion.x x x manner refer to a sequence."131 It must be stressed. PADILLA. Commissioner's thesis that in the first imposition of martial law there MR. initially. NATIVIDAD. x x x135 always exists. x x x at least initially. as I understand it. with the President. his powers are broad enough to include his there is a need for immediate response because there is an attack. the power to suspend requirement of congressional concurrence in the first imposition of MR. Thank you. Secondly. SUAREZ. however. Constitution intended the Congress review at any point in time. or whether the xxxx situation demands suspension of the privilege of the writ of habeas MR.136 that the power and prerogative to determine whether the situation xxxx warrants a mere exercise of the calling out power. It is only good for a maximum of 60 days. MONSOD. That is correct especially for the initial suspension of the privilege of the writ of habeas corpus.' If there is actual The Commissioner is proposing a very substantial amendment conditions is a judgment call on the part of the President. Marcos[. or order which the MR. as provided by MR. arrangement. that there is an 28 to 12. consciousness. the And third. discussions on the Bill of Rights.133 the privilege of the writ of habeas corpus or also the declaration of martial law. x x x So the suppose he has strong and compelling reasons in seeking to delete requirement of an initial concurrence of the majority of all Members this particular phrase. Section 15 states that the Congress may revoke the And in previous interpellations regarding this phrase. It does not in any MR. May we be informed of his good and It is thus beyond doubt that the power of judicial review of the Congress in case of an invasion or rebellion might be substantial reasons? does not extend to calibrating the President's decision pertaining to impractical as I can see it. So on that basis.. At least initially. the fact of securing a concurrence may be impractical of martial law and the suspension of the writ of habeas corpus. the interpretation solely. At the end of 60 days. The power to choose. MR.134 because the next sentence says that the Congress or the Senate may the President as Commander-in-Chief. the right of the judiciary to not to interfere a priori in the need for concurrence as a prerequisite to declare martial law or to inquire into the sufficiency of the factual basis of the proclamation decision-making process of the suspend the privilege of the writ of habeas corpus. which extraordinary power to avail given a set of facts or conditions. MR. or whether it calls for the declaration of martial law. This situation arises in cases of invasion or rebellion. as the Gentleman mentioned. the Congress may revoke. I agree that there is no it automatically terminates. PADILLA. even during the domain of the Executive and an infringement on the prerogative that declaration or lift the suspension.least benign. our Constitution now has sufficient safeguards. it is of his graduated powers will be availed of in a given situation. But given the possibility that there would be another does not include the calibration of the President's decision of which we delete the phrase 'and. So in both instances. However. Yes. this declaration has a time d) The framers of the 1987 question and no longer a political one in that it is subject to judicial fuse. we agree with the corpus. To do so would be tantamount to an incursion into the exclusive Second. the right to determine the factors which may lead to the declaration prerogative to address exigencies or threats that endanger the Second.

its inclusion of "other rebel groups". Will that prevent a future President from doing what which among his extraordinary action . Rightly so. But he can act with the concurrence of the proper or already amount to actual rebellion and public safety requires it. Besides. exercising his sole and exclusive prerogative. and there may habeas corpus. decided to impose martial law and suspend the privilege of the writ of habeas corpus on the belief that the armed hostilities in Mindanao MR. MONSOD. is not a MR. Marcos had done? powers to avail given a certain before he declared martial law and situation or condition. operational parameters within the entire Even the recommendation of. The foregoing exchange clearly manifests the intent of the recommendation of his mere alter ego. And here we are is bestowed. it would be contrary to common sense if of the privilege of the writ or the extension thereof and must the decision of the President is made dependent on the promulgate its decision on the same within 30 days from its filing. So. and (b) the of habeas corpus. the President calibrating the President's decision of initially employed the most benign MR. National Defense. the President when the intention here is to protect the country in that situation. What we are looking for are safeguards that It cannot be overemphasized that time is paramount in situations arereasonable and. trying to balance the public interest in case of invasion or rebellion as e) The Court must similarly against the rights of citizens. SUAREZ. There is nothing absolute in this world. It was precisely this time 216 or the declaration of martial law on May 23. Whether or not Proclamation No. which situation is automatically terminated imposition by the President of martial law or suspension of the violence in Mindanao. I would be less comfortable if we have a presidency reserved exclusively by the Constitution to the Executive Thus. we would be subordinating actual circumstances to condition for the President to declare martial law. As the initial and preliminary step towards provide for a legislative check on this awesome power of the Chief necessity and urgency for the President to act quickly to protect the suppressing and preventing the armed hostilities in Mindanao. Article VII of the Constitution supposed to balance the interests of the country. it is only on the Constitution not to allow Congress to interfere a priori in the President and no other that the exercise of the powers of the I believe that there are enough safeguards. 216.in an appropriate proceeding filed by any citizen. and. But when those situations arise. Unfortunately. 55 on September 4. Article VII of the Constitution shows that the President's power to declare martial law is not subject to any condition except "vagueness" by the insertion of the phrase "other rebel groups" 139 in . it is very unlikely be considered vague and thus void because of (a) suspension of the privilege of the writ that the concurrence of Congress would be available. secondly. Yes. it must be stressed that prior to Proclamation No. A plain reading of expediency? Proclamation No. SUAREZ. would be unreasonable to ask that there should be a concurrence on the requirement of 1 concurrence of the Congress in the initial declaring a state of national emergency on account of lawless the part of the Congress. the Secretary of Mindanao region. 216 may MR. or consultation with. On the other necessitating the proclamation of martial law or suspension of the At this juncture. Clause of Proclamation No. MONSOD. or other high-ranking military officials. still the President made the conscious invasion or rebellion and when public safety requires it. the President that cannot act under those conditions. 2016. Based on the foregoing presidential actions. privilege of the writ of habeas corpus. suspended the privilege of the writ of MR. SUAREZ. must thus accord the President decided to use his calling out power first. 216 is being facially challenged on the ground of Section 18. MONSOD. the Executive acting as Commander-in-Chief? country. it can be gleaned that although there is no obligation or xxxx Considering that the proclamation of martial law or suspension of the requirement on his part to use his extraordinary powers on a privilege of the writ of habeas corpus is now anchored on actual graduated or sequential basis. as Congress does. MR.the calling out power - Mr. in case of invasion or rebellion. Department. the President will be able to act quickly in order to deal with the absence of any guideline specifying its actual circumstances. in fact. there is a extraordinary powers. on the contrary. I believe. 201 7.137 safety requires it. is extant in the first Whereas at the end of such 60 days. adequate at this point. x x x and necessarily refrain from g) In any event. I do not believe it is expediency when one is trying to for the requirements of actual invasion or rebellion and that public the factual basis of the proclamation of martial law or the suspension protect the country in the event of an invasion or a rebellion. the sufficiency of MR.138The Court. This. it only worsened. be another Marcos. MONSOD. and is no anddeliberate effort to first employ the most benign from among his MR. Would the Gentleman not feel more comfortable if we longer under threat or in imminent danger thereof. it element that prompted the Constitutional Commission to eliminate had already issued Proclamation No. The Constitution is President's choice of extraordinary powers. SUAREZ. hand. even during the first 60 days privilege of the writ of habeas corpus. President the same leeway by not wading into the realm that is the situation did not improve. Commander-in-Chief under Section 18. appropriate authority? j) The recommendation of the Defense Secretary is not a condition for the declaration of martial law or V.

S. 'vagueness challenges in the First law may simply restrain himself from speaking in order to avoid being Amendment context. First No. Thus. and confusion. It is actually a call upon the accord persons.' The possible harm to society speech. and other fundamental rights that may be a) Void-for-vagueness doctrine. constitutionally protected. The theory is that ' [w]hen statutes regulate or Coates v. the law cannot take chances as in the area Armed Forces of the Philippines (AFP) to prevent or suppress all forms conduct to avoid. religious freedom. that is to say. transcendent value to all society of constitutionally protected the vagueness doctrine. or confusion. if ground o vagueness is uncalled for since a plain reading of in its application. fair notice of the conduct to avoid. 10171 shows that it is not primarily directed at Constitution in two respects: (1) it violates due process for failure to be prevented from enacting laws against socially harmful conduct.' In People v.its Whereas Clause and for lack of available guidelines specifying its proscribe speech and no readily apparent construction suggests itself c) Proclamation No. cannot be sustained. while statutes found vague as a matter of due comprehensible standards that men 'of common intelligence must silence. which is Government muscle. They cannot be made to do service when what is their faces" statutes in free speech cases or.146 "Such invalidation would constitute a departure from the usual requirement of 'actual case and A facial challenge is allowed to be made to a vague statute and to one But the act must be utterly vague on its face. They are not appropriate for Invalidation of statutes "on its face" should be used sparingly because by it. not free speech."147 protected speech. demonstrate that his own conduct could not be regulated by a vagueness is unwarranted. in permitting some unprotected speech to go unpunished is facially challenged. and vagueness d) Inclusion of "other rebel only in free speech cases. The vagueness doctrine is an analytical tool developed for testing "on Amendment cases. may be deterred and perceived grievances left to fester because of The void-for-vagueness doctrine holds that a law is facially invalid if possible inhibitory effects of overly broad statutes. Like Proclamation No. on common intelligence must necessarily guess at its meaning and differ general in terrorem effect resulting from their very existence. 216 actual operational parameters within the entire Mindanao region. fair notice of the the area of criminal law.' x x x145 repugnant to the Constitution in two respects: (1) it violates due It is best to stress that the vagueness doctrine has a special process for failure to accord persons. as they are called in American law. as a vehicle for rehabilitating the statutes in a single prosecution. because of possible "'chilling effect' on protected speech that comes that impliedly it might also be taken as applying to other persons or from statutes violating free speech.142 A facial challenge is allowed established rule is that'one to whom application of a statute is Proclamation No."140 "[A] statute or act may be said to facial review of Proclamation No. [In such instance. overbreadth. 216 on the grounds of This argument lacks legal basis. President Macapagal-Arroyo.216 vague. of lawless violence.149 the "men of common intelligence must necessarily guess at its meaning and differ as to its application. and (2) it leaves law enforcers unbridled discretion of free speech. like overbreadth challenges typically produce As a rule."143 process typically are invalidated [only] 'as applied' to a particular necessarily guess at its meaning and differ as to its application. and (2) it leaves law testing the validity of penal statutes. The overbroad or vague law thus chills him into facial invalidation. in context having no factual concreteness. 216 does not regulate statute drawn with narrow specificity. the cannot be facially challenged using making the proclamation susceptible to broad interpretation.150 the Court enunciated that: whether his speech constitutes a crime under an overbroad or vague As has been pointed out.' It is defendant. With respect to such statute. not outweighed by the possibility that the protected speech of others speech. Proclamation No. the State may well Proclamation No. First Amendment cases. City of Cincinnati. 1017. the statute] is repugnant to the facial challenge is allowed for this reason alone. As held by the Court in David v. especially the parties targetted application only to free-speech cases. expression is deemed to justify allowing attacks on overly broad statutes with no requirement that the person making the attack Clearly.148 What it seeks to penalize is conduct. the U. Proclamation No. A person who does not know other situations in which its application might be unconstitutional."141 xxxx manifestly subject to state regulation. In speech or even speech-related1 conduct. it cannot controversy' and permit decisions to be made in a sterile abstract which is overbroad because of possible 'chilling effect' upon be clarified by either a saving clause or by construction. to be made to a vague statute and also to one which is overbroad constitutional will not be heard to attack the statute on the ground misinterpretation. 216 open to broad interpretation. Supreme Court struck down an . the doctrines of strict scrutiny. b) Vagueness doctrine applies In sum. are analytical tools developed for testing 'on their faces' statutes in groups " does not make Proclamation free speech cases or. especially the parties targeted by it. as they are called in involved is a criminal statute. 1017. 144 Justice Mendoza explained it results in striking down statutes entirely on the ground that they enforcers unbridled discretion in carrying out its provisions and the reason as follows: might beapplied to parties not before the Court whose activities are becomes an arbitrary flexing of the Government muscle. a statute or act may be said to be vague when it lacks charged of a crime. and. Nazario. misinterpretation. Criminal statutes have Gloria Macapagal-Arroyo declaring a state of national emergency. issued by then President be vague when it lacks comprehensible standards that men of This rationale does not apply to penal statutes. the The contention that the phrase "other rebel groups" leaves American law. facial review of Proclamation No. in carrying out its provisions and becomes an arbitrary flexing of the 216 pertains to a spectrum of conduct.

however. Proclamation No. where he called upon the Armed Forces and the order deploying the Philippine Marines to join the PNP in visibility operational parameters does not Philippine National 1 Police (PNP) to undertake such measures to patrols around the metropolis. the Court categorically ruled that the Integrated Bar of the found in Proclamation No. 55 dated had suffered or could suffer by virtue of President Joseph Estrada's e) Lack of guidelines/ September 4. the review will be confined to the proclamation itself and the Court may review the sufficiency of the factual basis thereof.153 nullification of the acts of the President done pursuant thereto. as in this case.155 vague when viewed in the context of the words that accompany it. or at the time of. need not be complied with Neither could Proclamation No. In Kulayan v.157 without the need to prove that he or she judicial review covers only the sufficiency of information or data martial law: stands to sustain a direct and personal injury as a consequence of the available to or known to the President prior to. and to prevent such lawless violence from spreading and This locus standi requirement. or (b) also nullify the acts standard at all 'because one may never know in advance what annoys of the President in calling out the armed forces to Even so. invasion or rebellion may only which case.in declare martial law and the power to prevent or suppress lawless violence. otherwise. And. even assuming arguendo that the Court finds no sufficient basis Report submitted to Congress. President's declaration of a state of national emergency on account of locus standi. Thus. affect the ' Philippines had failed to sufficiently comply with the requisites Whereas clauses. It is to be distinguished. the b) The operative fact doctrine. 216 result in the the laws. 55. the text of Proclamation No. any act framers of the Constitution would have simply lumped together the committed under the said orders in violation of the Constitution and three powers and provided for their revocation and review without Neither would the nullification of Proclamation No. 216 refers to "other rebel groups" In Zamora. the ordinance imposed no Proclamation No. proceedings instituted for that particular purpose. such review may be instituted by any implementation of the proclamation. a) The calling out power is in a As explained in Integrated Bar of the Philippines v. 216 is not at all Proclamation No. annoying to persons passing by. But. the President may exercise the power to call out the recognized as an "operative fact" before it is declared the sphere that is reserved exclusively for Congress in the exercise of Armed Forces independently of the power to suspend the privilege of unconstitutional. In Part III. Zamora. 216 vague. 55. 2016.' Clearly. there is no such equivalent provision dealing with the for the declaration of martial law in this case." the unconstitutional statute is Court wades into these areas. Besides. nullification of within permissible constitutional limits or in a manner constituting The term "other rebel groups" in Proclamation No. 216 be described as vague. as it was not able to show any specific injury which it of lawless violence in Mindanao through Proclamation No. 55. in any way. on the ground that it has no guidelines specifying its actual factual basis of the President's declaration of martial law or operational parameters within the entire Mindanao region. arrest orders and other orders issued after the suspend the privilege of the writ of habeas corpus. it may be 'saved' by proper construction. the questioned Presidential act/s. there is no need for the Court to determine the forces.' quell lawless violence in Marawi and other parts law and his calling out the Armed Forces necessarily entails separate of the Mindanao region. and thus escalating elsewhere in the Philippines. we declared that privilege of the writ of habeas corpus and the power to declare citizen before the Court. which it cited by way of reference in its The Court's ruling in these cases will not.158 its power to revoke. 216 will not affect grave abuse of discretion. Verily. as will be discussed exhaustively in x x x Congress may revoke such proclamation or suspension and the Part VII. However. suppress any and all forms of lawless violence in the Mindanao region.ordinance that had made it illegal for 'three or more persons to VI. such ruling could not revocation or review of the President's action to call out the armed affect the President's exercise of his calling out power through Clearly. constitutionality of the implementing and/or operational guidelines. therefore. it would be deemed as trespassing into In other words.151 suspend the privilege of the writ of be examined by the Court as to whether such power was exercised habeas corpus. category from the power to declare martial law and the power to general orders. Whether or not nullifying Proclamation No. operational guidelines will serve only as mere tools for the power is in a different category from the power to suspend the In fact. resolved in a separate proceeding.152 the Court ruled that the President's calling out suspension of the privilege ofthe writ of habeas corpus is concerned.156 make Proclamation No. 55. The distinction places the calling out power in a different Proclamation No. proclamation for being irrelevant to its review. such as criminal acts or human rights violations. Finally. the Court's review of the President's declaration of martial some people but does not annoy others.but which different category from the power to President's exercise of his power to call out the armed forces to nonetheless specifies a standard though defectively phrased . from legislation couched in imprecise language . in so far as the Court's jurisdiction to review the sufficiency of the void.154 the however. by constitutional design. Tan. course. declaration or suspension. Coates highlights what has been referred to as a 'perfectly vague' act whose obscurity is evident on its face. although. there is a risk that if the Under the "operative fact doctrine. it may also be a prelude to a possible future exercise of the assemble on any sidewalk and there conduct themselves in a manner 216 will (a) have the effect of recalling latter powers. should be any qualification. the writ of habeas corpus and to declare martial law. of .

urgency of the situation as well as national security. executive order..160 which was decided under the 1935 itself that the President's decision is correct. he has sole privilege of the writ of habeas corpus. the Court.Where the assailed legislative or executive act is found by the VII.' The above provision of the Civil Code reflects the declaration of martial law and Constitution. under the doctrine of contemporaneous construction.. Since the exercise of these powers is a judgment call of attempted exercise of power in violation of its provisions is to that merely whether he has gone beyond the constitutional limits of his the President. Any 'merely to check . treaty. the phrase "sufficiency of factual basis" in Section orthodox view that an unconstitutional act. it is null and void. What it 'go no further than to satisfy [itself] not that the President's is more appropriate and logical then than to consider it as 'an decision is correct and that public safety was endangered by the Past events may be considered as justifications for the declaration operative fact?' (Emphasis supplied)159 rebellion and justified the suspension of the writ. b) The "sufficiency of factual judiciary to be contrary to the Constitution. or Instead.not to supplant . jurisdiction. determine whether the President's decision had sufficient factual which cannot always be erased by a new judicial declaration. He cannot be . however. has courts? The Court first gave the general answer that its power was habeas corpus. and corpus. that Section 18. As to how far the past events should be from the present That for a period of time such a statute. and particular conduct. 'there is some evidentiary basis' for the administrative finding.the Executive. test for judicial review of the President's power to declare martial law affords no protection. this Court. which facts or governmental organ which has the final say on whether or not a elevated thereto by appeal.in which cases the appellate court has all information are found in the proclamation as well as the written legislative or executive measure is valid leads to a more appreciative the powers of the courtof origin.161 held that it can inquire into. The Scope of the Power to Review. As the American Supreme Court stated: 'The actual To recall. corpus. and promotion of public safety. the determination of this Court as to whether there is extent unwarranted and null. are these 'proper bounds' on the power of the declare martial law and/or to suspend the privilege of the writ of the executive branch. However. purportedly in furtherance of determination of the sufficiency of the factual bases. whether legislative or suspension of the privilege of habeas 18. ordinance was in 'actual existence' appears to be indisputable.' nor to its power of quasi-judicial Report submitted by him to Congress. the latter shall govern. Thus. confers no rights. neither the legislative nor What. As the basis test". and suspend the privilege of the writ of habeas corpus under Section however. This doctrine admits of qualifications. was decided under the 1935 Constitution. . The whether there has been adherence to or compliance with the bases. suspend the privilege of the writ of habeas We conclude. Article VII of the Constitution should be understood as the only executive. The Court does not need to satisfy existence of a statute prior to such a determination [of Habeas Corpus of Lansang. is an operative fact and may have consequences Constitution. orders and refers only to the determination of the framers of the 1987 Constitution are presumed to know the regulations shall be valid only when they are not contrary to the laws sufficiency of the factual basis of the prevailing jurisprudence at the time they were drafting the or the Constitution. The As to what facts must be stated in the proclamation and the written performed during the effectivity of martial law or suspension of the 1987 Constitution. subject to the revocation of Congress and the review power under the Constitution to act contrary to its terms. when away with the test of arbitrariness as provided in Lansang. Article VII of the Constitution.'164 current situation existing at the time of the declaration. The orthodox view finds support in the well-settled doctrine that the "proper bounds" in Lansang as follows: Constitution is supreme and provides the measure for the validity of As Commander-in-Chief. Clearly then. in the case of In the Matter of the Petition for 18. the Court said that its power on facts or information known by or available to the President at the The growing awareness of the role of the judiciary as the was not 'even comparable with its power over civil or criminal cases time he made the declaration or suspension. Bernas described the basis" test. More specifically. must be based only the wisdom of his act. These may be based on the attitude of theemerging concept that a declaration of nullity may administrative decisions where the Court is limited to asking whether situation existing at the time the declaration was made or past have legal consequences which the more orthodox view would deny. Article VII limits the scope individual and corporate. effect of the subsequent ruling as to the invalidity may have to be constitutionally-imposed limitations on the Presidential power to considered in various aspects. imposes no duties. events. not to exercise the power vested in him or to determine sufficient factual basis for the exercise of such. the Court accepted the Solicitor General's suggestion that depends on the President. the President did not act arbitrarily. new Civil Code puts it: 'When the courts declare a law to be a) The scope of the power of inconsistent with the Constitution."163 Fr. therefore. the proclamation and the written Report taking into account the evidence shows otherwise. Administrative or executive acts. the President has the sole discretion to legislative or executive acts. is not a law. rather it only needs to constitutionality].162 "Lansang limited the review function of the Court to a very of judicial review by the introduction of the "sufficiency of the factual prudentially narrow test of arbitrariness. but that in and/or suspension as long as these are connected or related to the suspending the writ. has in fact done discretion to determine what to include and what not to include in quelling rebellion or invasion.165 As Commander-in-Chief.with respect to particular regulations. and for that matter much less. by providing only for judicial review based on the Report is up to the President. the former shall be void and the review under the 1987 Constitution Similarly. it must also be stressed that this "operative fact doctrine" is not a fool-proof shield that would repulse any challenge to acts Lansang. private and official. or to ascertain of this Court. within proper bounds. however.

it would be too late in Hence. and (2) public safety of all facts reported to him due to the urgency of the situation.forced to divulge intelligence reports and confidential information President Arroyo cannot be blamed for relying upon the information Thus. safeguards under Section As a general rule. to be on the ground to confirm the correctness of the reports suspension. DE LOS REYES. contemporary event . suspension. events that happened after the issuance of the uprising was within their realm of competence. Regalado alluded the day as the invasion or rebellion could have already escalated to a in this case. as couched. the Court's power to review is limited to the determination rebellion? Dissenting Opinion of Justice Presbitero J. Carpio in Fortun. of the information at hand during the declaration or struck down. for example? Let us take for example a be the case here. whether the facts in his possession prior to and at Similarly. it is irrelevant. not suspension of the privilege of the writ of habeas corpus must be making. of course. but not as part or component of the before declaring martial law or suspending the writ of habeas privilege of the writ of habeas corpus.. Such a requirement will practically necessitate the President accuracy. to proclamation is made. in the proclamation and the written report are not enough reasons for the Court to invalidate the declaration and/or suspension as long MR. Would the Committee consider that an actual act of At this point.g. the Committee envisions actual Besides. Does the Committee reports of military officers as credible evidence that the President ca that support the conclusion that there is an actual invasion or mean that there should be actual shooting or actual attack on the appraise and to which he can anchor his judgment. they may be used only sufficiency of the/actual basis/or the declaration as tools. Neither should the Court expect absolute correctness of there is a need to proclaim martial law even only on the basis of sufficiency of the factual basis for the declaration of martial law the facts stated in the proclamation and in the written Report as the intelligence reports. considering that the matter of the supposed armed Constitution.166 Possibly. In any event. subsequent events do not have any bearing insofar as the submitted to him within a period that only the circumstances Court's review is concerned. and. cannot be emergency has also been declared in Central Mindanao to prevent declare martial law or suspend the privilege of the writ of habeas considered in determining the sufficiency of the factual basis of the lawless violence similar to the 'Maguindanao massacre. portfolio of the factual basis itself. i. e. 167 as appears to rebellion and that public safety requires the declaration and/or legislature or Malacañang.. and that a state of the time of the declaration or suspension are sufficient for him to proclamation. To accurately reported to him. .168 and public safety requirement. Such a scenario. meaning. would 18. which are included in the written report. In determining the sufficiency of the factual basis of the declaration public safety requires." it must be understood to have the same meaning as the borrow the words of Justice Antonio T. If at all. by the time the President is satisfied with During the July 29. the martial law period is good only for 60 days. this Court may investigate the factual crime of "rebellion" in the Revised Penal Code (RPC). The parameters for determining the had already issued the proclamation. if subsequent events prove that the situation had not been corpus. declaration of martial law and/or the suspension of the privilege of be an indication that there is a threat to the public safety warranting the writ of habeas corpus since these happened after the President a declaration of martial law or suspension of the writ.' which may corpus. 1986 deliberation of the Constitutional the correctness of the facts in his possession. the maxim falsus in uno. VIII. in Fortun: of whether the President in declaring martial law and suspending the privilege of the writ of habeas corpus had sufficient factual basis. Falsities of and/or inaccuracies in some of the facts stated to actual rebellion as one defined under Article 134 of the RPC: level that is hard. Article VII of the Constitution are in place to cover such a legal meaning. the Court should look into the full complement or totality of the factual basis.e. corpus. if not impossible. As I see it now. that is. it is wise to quote the pertinent portions of the In sum.172 "immediately put an end to the root cause of the background of the declaration. The Constitution. the Court's review is confined to the sufficiency.169 emergency". to curtail. Article VII itself sets the parameters for determining the individually. and/or the suspension. falsus in omnibus finds no application Commission of 1986. our review would be limited to an examination on whether the that may prejudice the operations and the safety of the military. the President cannot be expected to risk being too late of martial law and/or the suspension of the sufficiency of factual basis. Velasco Jr. for purposes of the Court's and/or the suspension of the privilege of the writ of habeas President could not be expected to verify the accuracy and veracity review. "namely (1) actual invasion or rebellion. requires the exercise of such power.this Manila Hotel incident. a word used in a statute which has a technical or obtaining would be able to dictate. to Congress may choose to revoke it even immediately after the "rebellion. does not require precision in establishing the fact of rebellion. as the President is expected to decide quickly on whether Section 18. the framers of the 1987 Constitution considered intelligence as there are other facts in the proclamation and the written Report rebellion and no longer imminent rebellion. guides or reference in the Court's determination of the Certainly. the President's declaration of martial law and/or unduly burden him and therefore impede the process of his decision. everybody knows what happened."170 Without the concurrence of require precision in the President's appreciation of facts would the two conditions. is construed to have the same technical or legal not only place the President in peril but would also defeat the very situation. then Commissioner Florenz D.171 Since the Constitution did not define the term purpose of the grant of emergency powers upon him. and not piecemeal or Corollary. given to her by the Armed Forces of the Philippines and the Philippine President acted within the bounds set by the National Police. After all. The President is called to act as a) Actual invasion or rebellion.

wholly or allegiance to said Government or its laws. events and Thus.e. 216. It must also be reiterated of national emergency on account of lawless violence in Mindanao.176 To require him to satisfy a higher standard of proof should be accorded the President. and/or events which were known to or have transpired on or before that time. upon which the President anchored his declaration of martial law or extant in Proclamation No.The crime of Philippine Government or its laws: (i) the territory of the Philippines rebellion or insurrection is committed by rising publicly and taking To summarize. That there be (a) public uprising. or other armed forces. Rebellion or insurrection. which. There is sufficient factual basis for the Since the President supposedly signed Proclamation No. martial law or suspending the privilege of the writ of habeas corpus. the President only needs to the sufficiency of the factual basis as to convince the President that 1. Thus. only In determining the existence of rebellion. of any of their powers or definition would not only create confusion but would also give the simpler. The contention lacks merit. As such. President Macapagal. 55 issued on September 4.174 evidence of which he has no technical knowledge.Declaring a State of Martial Law and Suspending the Privilege anchored his decision to declare Government. or other armed arms against the Government for the purpose of removing from the factual basis are as follows: l) actual rebellion or invasion.180 the Court will consider only those facts prerogatives. of any body of land. or (ii) any body of land. and (2) the purpose of the uprising or movement is of the Writ of Habeas Corpus in the whole of Mindanao. naval or there is probable cause for the President to believe that there is other armed forces. 216 itself: suspension of the privilege of the writ of habeas corpus. and that 1. the b) Probable cause is the At this juncture. Series of violent acts182 committed by the Maute terrorist group would restrict the exercise of his emergency powers.. x x x173 martial law or suspension of the writ. or (b) to deprive the Chief IX.181 that more likely than not a rebellion was committed or is being that martial law is a matter ofurgency and much leeway and flexibility committed."175 the writ of habeas corpus. Proclamation No. completely validate all the information he received before declaring including: Justice Carpio. actual rebellion or invasion. Philippine Islands or any part thereof.MR. for rebellion to exist. a crime has been committed x x x by the constitute rebellion in the absence of the element of culpable accused. he is not expected to 2. that presupposes an probable cause is the most reasonable. Thus. This is because unlike other remove from the allegiance to said Government or its laws the standards of proof. nowproceed to the core of the controversy . in order to be met. and (b) taking up arms against the Articles 134 and 135 of the Revised Penal Code. or (b) to deprive the Chief Executive or Congress. 134. of the writ of habeas corpus. of any of their powers and prerogatives. the Court shall a) Facts. It merely necessitates an "average man [to weigh] the facts prerogatives. the parameters for determining the sufficiency of or any part thereof. concluded that the President needs only to satisfy probable cause as the standard of proof in determining the existence of either We restate the elements of rebellion for reference: . lacks martial law and suspend the privilege either (a) to remove from the allegiance to the Government or its sufficient factual basis. wholly or partially. declaring a state convince himself that there is probable cause or evidence showing there is probable cause that rebellion exists.178 President wide latitude of discretion. it bears to emphasize that the purpose of judicial following facts and/or events were deemed to have been considered allowable standard of proof for the review is not the determination of accuracy or veracity of the facts by the President in issuing Proclamation No. wholly or partially. rebellion as mentioned in the Constitution could only refer to from the President and therefore unduly restrain his exercise of naval or other armed forces or (b) to deprive the Chief Executive or rebellion as defined under Article 134 of the RPC. To give it a different emergency powers. more likely than not. wholly or partially. most practical and most Government. they insist that the armed hostilities do not Article 134 of the RPC states: that. as plucked from and President. would require much territory of the Philippines or any part thereof. 216 on May Executive or Congress. i. and 3) partially. naval. naval. and actual assemblage of men in an armed public uprising for the expedient standard by which the President can fully ascertain the purposes mentioned in Article 134 and by the means employed under existence or non-existence of rebellion necessary for a declaration of 2. 2) public forces. which may be abused . the requirement of probable cause is much Congress. That the purpose of the uprising or movement is either: (a) to Article 135. in his Dissent in Fortun v.whether Proclamation information upon which the President to wit: "(l) there is a (a) public uprising and (b) taking arms against the No. the first two requirements must concur. If we consider the definition of rebellion under invasion or rebellion for purposes of declaring martial law. of any of their powers or prerogatives. depriving the Chief Executive or the Legislature. Having laid down the parameters for review.179 However. the removal from the allegiance to the Art. or any body of land.a and circumstances without resorting to the calibration of the rules of situation that the Constitution see k s to prevent. the territory of the safety requires it. 2016. or (ii) any body of land. consistent with the scope of judicial review. . of any of their powers and declaration of martial law and the suspension of 23. the following elements must be present. 216. REGALADO. rather."177 political purpose. How committed. He [merely] relies Petitioners concede that there is an armed public uprising in Marawi on common sense [and] x x x needs only to rest on evidence showing City. Along this line. Arroyo. laws: (i) the territory of the Philippines or any part thereof. 2017 at 10:00 PM.

Moncado Colony. ready. Adherence of the Maute Group to the ideals espoused by ISIS. Extensive networks or linkages of the Maute Group with foreign and local armed groups.201 n) attacking and burning of the Filipino-Libyan Friendship Hospital. 15. around fifty (50) armed criminals forcibly entered the 4. Davao bombing.186 a) at 2:00 PM. the nuns' quarters in the church. Zamboanga siege.207 the arrested comrades of the Maute Group and 11.198 j) killing of five faculty members of Dansalan College foundation. Attempt to capture Hapilon was confronted with armed resistance Marawi Police Station. Events on May 23. Lanao del 9. Acts of violence directed not only against government authorities and establishments but civilians as well. of lawless armed groups in Marawi City. Foreign-based terrorist groups provide financial and logistical m) hoisting the ISIS flag in several areas. 10. sporadic gunfights.218 PDEA. city.196 h) burning of Dansalan College Foundation.203 6. personnel-issued firearms. and Central Elementary Pilot School.216 ASG attacked various government and privately-owned facilities. killed a member of q) preventing Maranaos from leaving their homes. b) Mass jailbreak in Marawi City in August 2016 of and Sauiaran. namely. economic and political foundations other detainees. facilitated the escape of inmates.219 and and vehicles. Maute Group has 263 active members.195 g) road blockades and checkpoints set up by lawless armed groups at the Iligan-Marawi junction. members and sympathizers of the Maute Group and commandeering an armored vehicle. 188 Marawi City Jail. 14. assaulted and disarmed on-duty personnel and/or locked them 5.202 3. perpetrating killings of government personnel1 .212 16. confiscated cellphones. and cause death and damage to property not only in Lanao del Sur but also in other parts of Mindanao.197 i) taking of hostages from the church. 2017 in Marawi City. armed and combat. Bangulo. Cathedral of Maria a) Takeover of a hospital in Marawi. Sulu bombings. a) Attack on the military outpost in Butig.192 b) The President's Conclusion .199 k) burning of Senator Ninoy Aquino College Foundation and Marawi e) Hoisting the flag of ISIS in several areas. and the Report184 submitted 17. was taken by the rebels.190 s) intelligence reports regarding the existence of strategic mass action c) by 4:30 PM.211 d) Mounting casualties on the part of the government.210 c) Burning of certain government and private facilities.193 e) BJMP personnel evacuated the Marawi City Jail and other affected Sur m February 2016.213 terror. Publication of a video showing Maute Group's declaration of f) Capability of the Maute Group and other rebel groups to sow allegiance to ISIS.204 facilities.206 soldiers.220 8. Sultan Kudarat bombings. Lilod. Maute Group ambushed and burned the Government. seizing public and private wide power outage by evening. killing and wounding several areas. 2017:183 12.200 1) overrunning of Amai Pakpak Hospital.215 185 1.189 inside the cells. Auxiliadora.214 to Congress: support to the Maute Group. intem1ption of power supply. Escalation of armed hostility against the government troops. Cotabato bombings. and 7.194 f) control over three bridges in Lanao del Sur.209 b) Establishment of several checkpoints within Marawi.208 3. Takeover of major social.191 committing armed uprising against and open defiance of the d) from 6:00 PM to 7:00 PM. Mamasapano carnage. commandeered a police car. which paralyzed Marawi City. The object of the armed hostilities was to lay the groundwork for the establishment of a DAESH/ISIS wilayat or province. particularly: o) ransacking of a branch of Landbank of the Philippines and 2. Basilan bombings. and the Shia Masjid 13. On May 23. 18. r) forcing young Muslims to join their group.217 b) at 4:00 PM.187 p) reports regarding Maute Group's plan to execute Christians.205 by combined forces of ASG and the Maute Group.

they have likewise intention to establish an Islamic State and their capability to deprive compromised the security of the entire Island of Mindanao. 2017 events "put on public display the groups' clear public order and safety in Marawi City. These circumstances planned establishment of a DAESH wilayat or province covering the demand swift and decisive action to ensure the safety and security of entire Mindanao. with prejudice. local criminals. foremost . and remove No. Troop reinforcements have been people of Mindanao."227 powers and prerogatives to enforce the laws of the land and to maintain public order and safety in Mindanao. bureaus. and unmistakable intent to remove was probable cause that the crime of rebellion was and is being Marawi City. and eventually the rest of Mindanao. the decimation of a segment of the city portion of its territory and to deprive the Chief Executive of any of his population who resist. for the purpose of removing Mindanao . 8) "The taking up of arms by lawless armed groups in the area."221 occupation of several hospitals."226 1) The Maute Group is "openly attempting to remove from the 7) "Law enforcement and other government agencies now face allegiance to the Philippine Government this part of Mindanao and pronounced difficulty sending their reports to the Chief Executive due deprive the Chief Executive of his powers and prerogatives to enforce to the city-wide power outages. and detriment of the people therein and the nation as a support being provided by foreign-based terrorists and illegal drug whole. Personnel from the BJMP have been the laws of the land and to maintain public order and safety in prevented from performing their functions. the armed consolidation of their members was to remove from the allegiance to the Philippine Government a throughout Marawi City. Lanao del Sur . have resulted in the deterioration of 3) The May 23.After the assessment by the President of the aforementioned facts. authority."229 5) "The cutting of vital lines for transportation and power."222 money. and prerogatives within Marawi City as a precedent to spreading their control over the entire Mindanao. "223 9) "Considering the network and alliance-building activities among terrorist groups. the culpable purpose of which strengthen their force. defeat his he arrived at the following conclusions.starting hampered. the President deduced from the facts available to him that recruitment of young Muslims to further expand their ranks and there was an armed public uprising. 6) "There exists no doubt that lawless armed groups are attempting to deprive the President of his power. leading the President to believe that there constitute a clear. 216 and the Report: his supervisory powers over local governments. preventing the government from restoring peace and with the City of Marawi. and offices in said area. Through the attack and Mindanao.the President. the siege f 4) "These activities constitute not simply a display of force. medical services in Marawi City have been adversely affected. but a clear Marawi City is a vital cog in attaining their long-standing goal: attempt to establish the groups' seat of power in Marawi City for their absolute control over the entirety of Mindanao. the Thus. and the brazen display of DAESH flags powers and prerogatives. and their blatant acts of defiance which embolden other armed groups in Mindanao.of their powers and prerogatives. as mentioned in Proclamation mandate to ensure that all laws are faithfully executed. pronounced."224 the Filipino people and preserve our national integrity. to the great damage. The bridge and road blockades set up by the 2) "[L]awless armed groups have taken up arms and committed public groups effectively deprive the government of its ability to deliver uprising against the duly constituted government and against the basic services to its citizens.from its allegiance to the order in the area. and lawless armed men. in an attempt to undermine his control over . Movement by both civilians and government Government and its laws and depriving the Chief Executive of his personnel to and from the city is likewise hindered."225 law and suspension of the privilege of the writ of habeas corpus. constituting the crime of rebellion."228 the duly constituted authorities . executive departments. from its allegiance committed and that public safety requires the imposition of martial to the Government.

was decreed in his Dissent in Fortun: . 216. A review of the aforesaid facts similarly leads the Court to conclude reached after a tactical consideration of the facts. that there was an armed public uprising. Philstar. that the Maute Group ambushed and burned the Marawi Police Statements made by PNP Director General Ronald suspending the writ amounts to an excessive restriction on 'the Station (Proclamation No. This amount of proof likewise vehicles (Report). The on the President's use of her emergency powers. In fine. of the President from performing his powers and prerogatives. and Bombo and to require the President to establish the existence of rebellion or Radyo. which is the degree of proof denying that the school was burned and necessary in civil cases. the that the President. As Justice Carpio reasonable mind might accept as adequate to justify a conclusion. substantial evidence constitutes an unnecessary restriction factual bases tending to show that actual rebellion exists. Inquirer. is indispensable for a lawful declaration of the Philippines and commandeered one of its armored news article of Philstar234 that the Marawi City martial law or suspension of the writ. the President need not gather proof beyond reasonable and that they held hostage the employees of the Hospital and Carlos. among several locations. is demanded for a lawful declaration of Department of Education Assistant Secretary martial law. which is the standard of proof required for convicting an took over the PhilHealth office located thereat (Proclamation (d) AFP Public Affairs Office Chief Co. Similarly. Neither clear and convincing evidence. in issuing Proclamation No. or that amount of relevant evidence which a Philippine Government a portion of its territory and the deprivation of the privilege of the writ of habeas corpus. as it requires proof greater than preponderance of evidence although 4. from effectively protecting the nation against threats to public CBN News and CNN Philippines233denying that safety. (Proclamation No. 5. that the Marawi Central Elementary Pilot School was burned Statements in the on-line news article of not beyond reasonable doubt. members of the Maute Group were (b) Health Secretary Paulyn Ubial. Philstar235 made by the Marawi City Schools Division Assistant Superintendent Ana Alonto Not even preponderance of evidence. and (e) Marawi City Mayor Majul Gandamra xxxx denying that the hospital was attacked by the Maute Group citing online news articles of Proof beyond reasonable doubt is the highest quantum of evidence. the writ unreasonably curtails the President's emergency powers. 216 and Report). 216 and the Report). had sufficient President satisfactorily discharged his burden of proof. As of (a) Dr. 0600H of 24 May 2017. Substantial President's conclusion.' the Maute group occupied the Marawi Police Station. that the Maute Group attacked various government facilities Statement in the on-line news article of xxxx (Proclamation No. Sunstar. Chief of the Hospital incapacitate her from exercising such powers. Inquirer236 made by Marawi City Mayor Majul Gandamra stating that the ASG and the Maute Weighing the superiority of the evidence on hand. 216 and the Report).x x x No. Edgard accused charged with a criminal offense. Dionardo Definitely. that lawless armed groups likewise ransacked the Landbank of Statement made by the bank officials in the on-line criminal or civil cases. before she can act and impose martial law or suspend government facility in Marawi City. doubt. branch was not ransacked but sustained unduly restrains the President in exercising her emergency powers.232 invasion with such amount of proof before declaring martial law or 2. Arevalo. what the President needs to satisfy is only the standard of evidence is the amount of proof required in administrative or quasi- culpable purpose of which was the removal from the allegiance of the probable cause for a valid declaration of martial law and suspension judicial cases. the After all. seen guarding the entry gates of the Amai Pakpak Hospital (c) PNP Spokesperson Senior Supt. dela Rosa and Marawi City Mayor Majul President's power to act as to practically tie her hands and disable her Gandamra in the online news reports of ABS.FACTUAL STATEMENTS COUNTER-EVIDENCE x x x [T]he Constitution does not compel the President to produce (1) that the Maute group attacked Amai Pakpak Hospital and Statements made by: such amount of proof as to unduly burden and effectively hoisted the DAESH flag there. which is employed in either 3. 216 and the Report). damages from the attacks. Amer Saber. Tonisito Umali stating that they have not received any report of damage. from at least two Terror Groups have not taken over any opposing sides.

actua1 rebellion exists. necessary for a declaration of martial law x x x230 hearsay rule. the Court is not e) There are other independent Christians were targeted. without any probative value.231 pieces and parcels of the Report. the question is not whether such statements directed not only against government forces or establishments but falsities. which is an ·exception to the there must be a concurrence of actual rebellion or invasion and the rebellion. the alleged false and/or inaccurate statements are just by its counter-evidence. were made by Saber. twice removed. the alleged false and/or inaccurate statements President declared: the sources shown to have affirmed the contents thereof It was not even shown that efforts were made to secure such affirmation albeit are only five out of the severa1 statements bulleted in the President's . a crime has been Commission on Elections not the writ of habeas corpus in the whole of committed and that it was committed by the accused. 242 In addition and in true. immaterial. along with these alleged false data These particular scenarios convinced the President that the atrocities is an arsenal of other independent facts showing that more likely than had already escalated to a level that risked public safety and thus not. rebellion exists hampered. prudent man to believe that the offense charged in the Information Again. the average man weighs the facts and requires the declaration and/or suspension. unless offered for a purpose other than admitted that he was not aware or that he had no personal proving the truth of the matter asserted.248 medical services and delivery of basic services were facts because to do so would unduly tie the hands of the President in more likely than not. their group.. bomb threats were issued. Report. the exception relation to the armed hostilities. the finding of sufficiency hyperbolic. As long as there are other Verily. et.' facts in the proclamation and the written Report indubitably showing President's imposition of martial law and suspension of the writ the presence of an actual invasion or rebellion and that public safety of habeas corpus were mostly inaccurate. evidence of which he has no technical knowledge.237 This pronouncement knowledge of the other incidents cited.246 non-Muslims or and/or hyperbolic. al. Public safety requires the declaration of common sense.250 and the security of the entire Mindanao Island was compromised. The Court in Bedol made it clear that the doctrine of or suspension of the privilege of the writ of habeas corpus to be valid. Petitioners.I am of the view that probable cause of the existence of either the circumstances proved futile. of facts and circumstances as would lead a reasonably discreet and 216 was without sufficient factual basis. In the last paragraph of his Report. or precision of the facts which support the finding that.244 schools and churches were Proclamation No. Probable cause Applicable. He relies on X. As mentioned. and the truth or falsity thereof is acts of violence perpetrated by the ASG and the Maute Group were c) Inaccuracies. and that public safety requires it. there is no credence to petitioners' claim that the bases for the sought to be arrested.247 young male Muslims were forced to join concerned about absolute correctness. basically premised on common sense. Jardeleza invasion or rebellion suffices and satisfies the standard of proof for a news articles are hearsay evidence. more likely than not. and public safety requires the declaration impelled him to declare martial law and suspend the privilege of the However. martial law and the suspension of the privilege of evidence showing that. In his Report. Thus. but definitely not the declaration of martial law or suspension of the Probable cause. Commission on Invasion or rebellion alone may justify resort to the calling out power Elections. that the President's report is unreliable and that Proclamation No. A finding of probable cause needs only to rest on d) Ruling in Bedol v. but rather whether what they said are likewise against civilians and their properties. simulations. the unverified news articles on the internet. and are thus during the second day of the oral argument. accuracy.245 civilian hostages were taken and killed. petitioner Lagman valid declaration of martial law and suspension of the writ. with neither the authors nor corpus. applies in cases "where only the fact that such public safety requirement. the President can fully ascertain the existence or non-existence of independent relevant statement. For a declaration of martial law reasonable. it alleges that the following facts are not true as shown Moreover. stands. inaccurate. most practical. and hyperboles. movement were hindered. As the Court has consistently ruled. however. is the most trustworthiness. it bears to reiterate that the maxim falsus in uno. there is Probable cause is the same amount of proof required for the filing of applies with equal force to the Cullamat Petition which likewise no question or challenge with respect to the reliability of the other a criminal information by the prosecutor and for the issuance of an submitted online news articles238 as basis for their claim of incidents. simulated.239 news reports may be admitted on grounds of relevance.241 As it thus stands.251 Specifically. simulated. the President noted that the statements were made is relevant. Probable cause has been defined as a 'set insufficiency of factual basis."240 Here. in the interpellation by Justice Francis H. burned. which by themselves are ample to preclude the conclusion arrest warrant by a judge. 243 road The allegation in the Lagman Petition that the facts stated in in Bedol finds no application here. it requires less than evidence that would justify conviction. falsus in or any offense included therein has been committed by the person omnibus finds no application in these cases. false and/or In determining probable cause. contrary to the view of petitioners. does not persuade. blockades and checkpoints were set up. circumstances without resorting to the calibrations of the rules of of factual basis. Notably. the so-called counter-evidence were derived solely from of martial law or suspension of the privilege of the writ of habeas writ of habeas corpus. Mindanao. and necessity. To be precise. Petitioners' reliance on this case is privilege of the writ of habeas corpus. demands more than suspicion. insist that in Bedol v. and most expedient standard by which misplaced. 216 and the Report are false.249 reinforcements of government troops and civilian responding to an urgent situation.

the discretion the nation. the before him. At this juncture. However. shows that conditions. bestowed on the Proclamation or Report for reasons of national security.260 which it did during the closed door Commander-in-Chief the power to declare martial law albeit in its documents may contain information detailing the position of session last June 15. we hold that the parameters for the President receives vital. Part VIII. President martial law under the Marcos regime. public guarantees and promotes public safety. government troops and rebels. the President believes that there is the President. and although it might [curtail] certain rights of to include the same in the Proclamation or Report is the judgment or application of martial law or individuals. petitioners concede to this. 216. 216. For the President. martial law and the suspension of the privilege of the writ sympathizers. relevant. "the Court will law."255 privilege of the writ of habeas corpus as a "form of immobilization" Section 18. the discretion whether to determine the territorial coverage "precautionary . stock of firearms or ammunitions.252 In fine. Whole of Mindanao actual rebellion exists and that public safety requires the declaration of martial law and suspension of the privilege of the writ of habeas In contrast. in David v. properly assess the ground the totality of facts and events. some information came to light. It is worthy of mention that demands the suspension of the writ. he also has the right. concomitant with his declaration of martial law and suspension of the privilege of the writ classified. during the closed door session held by the grants to the President. [the "especially in areas like Mindanao. quelled. relevant.While the government is presently conducting legitimate operations Aside from protecting the security of the country. f habeas corpus have been properly and fully complied with. . particularly in this instance. But then again. "It is for the President as [C]ommander. access vital. In fact. when the public safety requires it. in arriving at such a conclusion. suspension of the privilege of the writ of habeas corpus is the Proclamation or Report. As thoroughly discussed in public. and the means to Based on the foregoing. and confidential data. the determination by the Court of the sufficiency of factual basis must be limited only to the facts and information mentioned in Considering the nation's and its people's traumatic experience To be sure. Yet it would appear that the constitutional writers has possession of documents and information classified as have to rely on the fact-finding capabilities of the [E]xecutive entertained no doubt about the necessity and practicality of such "confidential". ground commands and operations. the public authors of or witnesses to these documents may not be revealed. that formed the basis for Proclamation No."254 and classified documents. XI. 2017." Clearly. President] may x x x suspend the privilege of writ of habeas corpus or in[C]hief of the Armed Forces to appraise these [classified evidence place the Philippines or any part thereof under martial law. 216 has sufficient factual basis there being decisions. During the suspension of the privilege of the writ security of the state or the entire country and our sovereign oral argument. to determine the sufficiency nation and the good and safety of the the President.258 cautioned not to "undertake an independent of the 1987 Constitution to stop at nothing from not resuscitating the may not be amiss to state that as Commander-in-Chief. one would expect the framers are far from being exhaustive or all-encompassing. relied on the facts and of factual basis of Proclamation No. [it] is for the purpose of defending and protecting the call of the President. . the contents of which cannot be included in the [D]epartment. In fact. c) The Court has no machinery probable cause to believe that rebellion exists and that public safety or tool equal to that of the requires the martial law declaration and the suspension of the In Parts IX and X. this is in line with the function the protection of the security of the the issuance of Proclamation No. the Court does not have the same resources available to a) The overriding and corpus. as of habeas corpus are necessary for the protection of the security of Court. These open its findings to the Court. names of suspects and d) The 1987 Constitution Indeed. Otherwise stated. which we find sufficient. the Executive Department will have to specie of extraordinary power and thus. and live information which position as Commander-in-Chief of the Armed Forces. events included in the Report. petitioner Lagman admitted that "the assertion of of habeas corpus." 257 whole of Mindanao until such time that the rebellion is completely safety requirement must likewise be present. people". although not mentioned in Commander-in-Chief. In turn."256 Significantly. 216. On the contrary. diluted form. this should not be considered as a paramount concern of martial law is probable cause that actual rebellion exists and public safety warrants constitutiona1 lapse. the facts mentioned in the Proclamation and the Report the Report and Proclamation.253 Commissioner Ople referred to the suspension of the facts [in the Proclamation and Report] is the call of the President. martial law also or documents/]reports and be satisfied that the public safety to address the on-going rebellion. once again. it Macapagal-Arroyo. if not the seeds of invasion. Article VII of the Constitution states that "[i]n case of or "as a means of immobilizing potential internal enemies" It is beyond cavil that the President can rely on intelligence reports invasion or rebellion. equip and assist him in making Proclamation No. not only does the President have a wide array of information b) As Commander-in-Chief. the Court. etc. the President investigation beyond the pleadings. more likely than not. prerogative. In fact. the Court laid down the arsenal of facts and events Commander-in-Chief to ably and privilege of the writ of habeas corpus."259 in turn." In this regard. the Court notes that of the Court. respect to safety necessitates the continued implementation of martial law and rebellion alone does not justify the declaration of martial law or these so-called classified documents is accorded even "when [the] the suspension of the privilege of the writ of habeas corpus in the suspension of the privilege of the writ of habeas corpus.

OPLE. The reason for my concern. 3) the Supreme Court can still review Executive Department.262 branches. given an intractable by unjustified fears and past experience. All corpus. and the power to impose martial law Philippines or only a part thereof under martial law. "rebellion is x x x a crime of masses or multitudes. is going to result in numerous violations of human rights. In voting yes for the elimination of the in-Chief during an actual invasion or rebellion. who is the repository of vital. encumbrance. the Constitution imposed a MR. based on bias and unsubstantiated And I do not want to unduly emasculate the powers of the President. Madam President. We are only looking at a case of the first 60 curtailment. scope. we are talking about At this juncture. or extended. thereof. to wit: It has been said that the "gravamen of the crime of rebellion is an several safeguards which effectively watered down the power to armed public uprising against the government. I believe that a good shores. MONSOD. there are many safeguards: 1) it is limited to 60 This is both an acknowledgement and a recognition that it is the days. revoked or extended. The Constitution recognizes that any further at a very specific case. Madam President. it is said that the power to martial law and the suspension of the privilege of the writ of habeas perspective by elaborating on the sufficiency of the proposed impose martial law is dangerous to liberty and may be abused. and thus has a more informed understanding of difficult. potency limited and diluted. We may not have any freedom to speak of of the framers of the 1987 Constitution that sufficient safeguards possible abuses of Commander-in. the action of Second. So I would like to suggest that. Thus: citizenry. A free people are naturally jealous of privilege of the writ of habeas corpus. When limitation on the period of application. too. incidentally. but not on the territorial scope constituted authorities are unable to execute the laws. f) Rebellion and public safety. x x BISHOP BACANI." depending on the assessment of the President. And we are looking at actual invasion and powers would not generate any good among the three co-equal resurgence of martial law would engender apprehensions among the rebellion. x x x will be more safe and at the same time equally effectual. and range. we may be critical and crucial to the promotion of public safety. or its scope and President can also safeguard human rights and human lives as well. and live information Mohamad Petition. But it would be military support. Bishop Bacani Congress that may be dominated by opposition parties. That might prevent the President from acting at that time extraordinary powers are already in place and that no further Presidential powers should not only in order to meet the problem. x x x264 (Emphasis declaration of martial law for a fixed period not exceeding 60 days. the predominance of the military forever e) The Constitution has and in untold sufferings. the preservation stated. perhaps. The reason I vote II yes is enemies but also against those enemies lurking from beyond our x265 (Emphasis supplied) that despite my concern for human rights. assumptions. and 4) it does not suspend the Chief. Thus. The significance of martial law should not be undermined human rights violations. unless citizens of the State are in arms against each other and the sooner nullified. by the Committee. martial law should not be cast aside. We are only looking additional safeguards. it bears to stress that it was the collective sentiment provided sufficient safeguards against invasion and rebellion. further curtailment of Congress. To repeat what I have quoted when I necessary for and relevant in calibrating the territorial application of Constitutional Convention to look at martial law from a new interpellated Commissioner Monsod. The 1987 Constitution "[clipped] the powers of nature. after 60 days. but its duration was likewise fixed at 60 days. . we think. the survival of our country. the Constitution placed Commissioner Delos Reyes shared the same sentiment. Commissioner Monsod. classified. it is is certainly felt to be one of no ordinary magnitude. unless sooner revoked. involving MR. viz. is a concession that the President has the tactical and safeguards: powers may be abused if placed in unworthy hands. Xxx263 nature."266 and that by declare martial law. who. if we put as a precondition the concurrence of against possible misuse and abuse by the Commander-in-Chief of his Chief's powers. the exercise of military power. emasculation of the presidential powers is called for in the guise of be discouraged but also avoided. particularly the President as Commander-in. Even the Court as an institution cannot project a stance of nonchalance. He may put the entire invasion or rebellion. to point out any other hands in which this power what is happening on the ground. 2) Congress can revoke it. After all. supplied) which is subject to judicial review. But as presented subject to the veto powers of the Court and Congress. it merely stated "the Philippines or any part the President must be prompt or it is of little value. which is 60 days. the importance of martial law in the context Even Bishop Bacani was convinced that the 1987 Constitution has MR. at the same time. nullified. we should look at this in its proper perspective. Conscious of these fears and apprehensions.the Constitution grants to the President the discretion to determine [the] Commander-in-Chief because of [the] experience with the x x x The power of the President to impose martial law is doubtless of the territorial coverage of martial law and the suspension of the previous regime. just two sentences. the Gordian knot by just declaring a revolutionary government that It is vital for the protection of the country not only against internal sets him free to deal with the invasion or the insurrection. is a counsel for the as to the sufficiency of factual basis. It. Madam President. that the mere or area of coverage. is that when of our society should outweigh one's prejudices and apprehensions enough safeguards against presidential abuses and commission of we put all of these encumbrances on the President and Commander- against it. and to the country and its citizens as a whole. Yes. DE LOS REYES.: actually impelling the President to use the sword of Alexander to cut of the nation's sovereignty and ultimately. even exhorted his colleagues in the operation of the Constitution. we have been given a spectre of non sequitur. it is understandable that the days at its maximum."261 Not only were the grounds limited to actual a very high and delicate nature. and there are other safeguards in those cases. martial law is requirement of prior concurrence of Congress. or emasculation of the presidential Considering the country's history. May I explain my vote. However. As such.

transpired. by the theory of absorption. Padre Faura could only Neither could it be validly argued that the armed contingent because it is where the armed public uprising actually transpired. the President has to respond quickly. entered the to put the entire Philippines or any part thereof under martial law. they want to remove from the allegiance to the only in the particular place where the armed public uprising actually offense". being hypothetically staged in Padre Faura. Their transitory and abstract nature defies government for the attainment of their culpable purpose. we revert back to the premise that the rebellion if committed in furtherance of rebellion.275 and bounds. such as crimes or variables. which is another component element for the physical dimensions. whether punishable under a special law or Philippine government a part of the territory of the Philippines. injury/harm. in fact. The Constitution grants him the prerogative whether not only common crimes may be absorbed in rebellion but also compound is situated. become absorbed in the crime of and survival. it cannot be validly concluded that the disasters.. martial law in direct proportion to the "range" of actual rebellion and that all armed participants should congregate in one place. is stripped Science High Schoo1 (MSHS) could not be discounted. which are me e components or ingredients. However. Plainly. "offenses under special laws [such as Presidential Decree No. hence.274 robbery. The Constitution must have considered these limitations government.272 homicide.crowd action. is no publicity in their acts as. "[i]t cannot be To illustrate: A contingent armed with high-powered firearms publicly discretion to determine the territorial scope of martial law lies with made a basis of a separate charge. Martial law is an general law. Acts committed in furtherance of rebellion[. in this public safety simply because rebellion and public safety have no fixed case. Going back to the illustration above. the President's duty to maintain peace and public safety is MSHS. If that is the case. For sure. it does not take any when it granted the President wide leeway and flexibility in grounds on which the armed public uprising actually to6k place physical form. scope or range. should be the measure of the extent. the Court's compound. It suffices declaration of martial law. "involves the prevention of and protection precise measurements. could we validly say that the rebellion is confined rebellion to be mounted in Quezon City before he could impose only within the Court's compound? Definitely not. After all. Manila. It is a vast movement of men and a complex net of reinforcements and to cut their supply lines coming from different President. to fix the territorial scope of that for the crime of rebellion to be consummated.e. whose participation did not involve Perhaps another reason why the territorial scope of martial law not limited only to the place where there is actual rebellion.] are deemed absorbed in one single suspension to the place where there is actual rebellion would not . I or elsewhere. however. crowd and engaged in an armed public uprising against the significant danger. There is no way this is not the scenario envisioned by the Constitution."267 We understand this to mean that the precise extent or could we then say that the territorial coverage of the proclamation is pursuance". of its common complexion and is absorbed in the crime of rebellion. In the illustration above. its range."269 Rebellion absorbs "other acts committed in its bounds. This is not only practical but also logical.] parts of Mindanao. extent or scope could not be determining the territorial scope of martial law. of knowing that all participants in the rebellion went and stayed This all the more makes it difficult to confine the application of inside the Court's compound. are absorbed in the crime of To answer this question. the crime of murder committed in there are other rebels positioned in the nearby buildings or to wait until every remote corner in the country is infested with rebels Makati City.273 arson. not fixed. he need not wait for another themselves. Manila where the Court's the President. the determination of the territorial that a portion of the contingent gathered and formed a mass or a from events that could endanger the safety of the general public from scope of martial law could only be drawn from arbitrary. if committed in furtherance of the crime of rebellion compound of the Philippine General Hospital (PGH) or the Manila before he could declare martial law in the entire Philippines. "The crime of rebellion consists lawless elements from Marawi City. Ermita. and publicly rise in arms against the Public safety. The possibility that martial law thereat. At the same time.276 just to name a few. they were merely lurking inside precluded from expanding the coverage of martial law beyond the the compound of PGH and MSHS. may also be considered as engaging should not necessarily be limited to the particular vicinity where the extends to other areas where the present hostilities are in danger of in the crime of rebellion. declares martial law and though crimes in themselves[. Moreover.270 Direct range of the rebellion could not be measured by exact metes and too expansive? assault. urgent measure since at stake is the nation's territorial sovereignty committed in furtherance thereof. Their motive was There is no constitutional edict that martial law should be confined 1829]278 which are perpetrated in furtherance of the political political. or particularly the Court's compound and establish it as an ISIS-territory. and vis-a-vis the nature of the rebellion in the Court's compound. of the actual I physically measured by metes and bounds. crime of rebellion. After the rebellion and cannot be isolated and charged as separate crimes in Based on the foregoing illustration."268 Public safety is an abstract term. it is difficult. but also to avoid enemy Proceeding from the same illustration. it must be pointed out Court's compound. he be the nerve center of the rebellion but at the same time rebellion is positioned in PGH or MSHS is not engaged in rebellion because there may do so if he sees fit. although the President is not martial law only to the place where the armed public uprising is required to impose martial law only within the Court's compound actually taking place. Similarly. suppose we say that the of many acts. kidnapping. Thus. This is logical since the other rebels positioned in PGH. after finding probable cause that there exists actual intrigues and plots. As such. rebellion. Court's premises. he is not also happening in Makati City. then the President would have Thus. if not impossible.280 crime of rebellion. i. is because of the unique spilling over. it is not required predetermined bounds. limiting the proclamation and/or rebellion and that public safety requires it. armed public uprising actually transpired. within predetermined suspends the writ of habeas corpus in the whole of Metro Manila. and hoisted the ISIS flag. It is not intended merely to prevent the escape of characteristic of rebellion as a crime. it the publicity aspect of rebellion. They overpowered the guards. or damage."277Jurisprudence also teaches that assembled in Padre Faura.271murder. rebellion is not confined within In fine.279 "All crimes. that cannot be confined a priori. Ermita.

293 after all "the declaration of martial law or the suspension of the furtherance thereof in the whole of privilege of the writ of habeas corpus is essentially an executive Mindanao. as used provinces adjoining Marawi City as escape routes."286 The city's first name. both for symbolic and strategic undermining the foundation of our republican system. an improvised explosive device (IED) background and technical expertise to predict that. These resulted the Gordian knot"282 by attempting to impose another encumbrance.284 the wounding of three others.291 of Proclamation No. it was conferred the sort of reminder of the nation's experience under the Marcos-styled official title of "Islamic City of Marawi.289 must also be considered. on the ills some of us may have experienced during the Marcos. On February 26. it will make the Some sectors. there is a tendency to equate patriotism with As mentioned in the Report. the Court is not equipped with the competence and rendering the executive branch of the government impotent."288 there is also the plan to establish in the military's efforts to quell the rebellion and restore peace. Consider these: inkling that the Bangsamoro Islamic Freedom Fighters (BIFF) would revocation at any time of a proclamation of martial law by the launch an attack in Cotabato City. destination point or rendezvous. e. Literally. Juergen act. x x x to the President. the Court quotes the insightful coming. impelled perhaps by feelings of patriotism. 2017. A civilian was manner. especially if it is an actual invasion or an of military and police personnel. The report that would be engaging in an act of adventurism if it dares to embark on understand that the extraordinary measures contemplated in the prior to May 23. in any manner. I think it is also important to a wilayat in Mindanao by staging the siege of Marawi. supply lines. The Court has no military Congress. Abdullah Maute had already dispatched some a mission of deciphering the territorial metes and bounds of martial Article on the Executive pertain to a practical state of war existing in of his men to various places in Mindanao. the The Court can only act within the confines of its power. Indeed. and. military in their present endeavor in Mindanao. Madam President. the power to determine the scope of territorial application belongs MR. On January 29. such as Marawi. carnapping. it is attuned to the freedom and the rights of the Mindanao. Iligan.1âwphi1 For discourse of Commissioner Ople: Kilometer Zero marker in Mindanao is found in Marawi City thereby the Court to overreach is to infringe upon another's territory. their Congress when an emergency measure is in force and effect. making Marawi City the point of reference of all roads in Mindanao. considering the current situation." "was derived from the word 'dansal'."285 On April 15. the ASG kidnapped three Indonesians near is in a quandary and can only speculate whether the 60-day lifespan So. On January 13. It does not render the presidency impotent and. including the possible Marawi City. Clearly. Lanao del Sur. xxxx staging point of the rebellion. I think the Commission has done so but at the same time arrested in Davao City or that his wife Ominta Romato Maute would has not. It rendering a service to human welfare. In the same extraordinary powers. the Court lacks the technical capability to determine which determined by Congress in the event that it is necessary to do so killed while another was wounded. may wish With a predominantly Muslim population. 216 could outlive the present hostilities in responsible. at the same c. it allows for a vigorous representation of the people through Danapah. g) The Court must stay within martial law. It is on this score that the Court should give the President citizenry. At this point. "The Court cannot indulge in judicial legislation Thus. subject only to another extension to be exploded in Barangay Campo Uno." 281 reasons. Until now the Court b. However. 2017. so to speak. Tawi-Tawi. 2017.290 part of Mindanao would best serve as forward operating base of the because the emergency persists. hence. Basilan. and. Basilan resulting in the death of two children and Mindanao. Taganak. to subdue. On January 19. I think this Article on the Executive for which I voted is completely Bakungan Island. From March to May 2017. 2017. it also means arrival or martial law era."287 Marawi lies in the heart of Mindanao. In fact. shunned the task of putting these powers Other events also show that the atrocities were not concentrated in be apprehended in Masiu.only defeat the purpose of declaring martial law. it will not serve any purpose h) Several local armed groups d. Marawi may not be the target but the whole of Mindanao. and law. 1980. and Mindanao the end. hours after the proclamation of martial law this country when national security will become a common bond of Cagayan de Oro for bombing operations. Lamita City. 2017. there is reasonable basis to believe that Marawi is only the without violating the principle of separation of powers. meaning a the confines of its power. "[l]awless armed groups have historically To reiterate. the ASG beheaded its kidnap victim. and in any case a definite determination of these a. committing rebellion and acts in in the death and wounding of several personalities. flexibility to cope with such unprecedented threats to the survival of only the start. logistical machinery to determine the strategical value of other places though by reducing drastically the powers of the executive. none of us had an under a whole system of checks and balances.292 Thus. or give the President a nudge. and the murder none of the members of this Court could have divined that more than patriotism of all Filipinos. OPLE."283 Kantner in Sulu. the ASG detonated an IED in Barangay sufficient leeway to address the peace and order problem in time. we are and backdoor passages. as some Islamic City of the South. there were eleven (11) separate if the President is goaded into using "the sword of Alexander to cut have formed linkages aimed at instances of IED explosions by the BIFF in Mindanao. ten thousand souls would be forced to evacuate to Iligan and Cagayan actual rebellion. Marawi City is "the only exercise thereof ineffective and useless. and the President may have to be given a minimum there is some semblance of truth to the contention that Marawi is de Oro and that the military would have to secure those places also. none of us could have predicted that Cayamora Maute would be a nation. it is not fair to judge President Duterte based "Dansalan. rein in.294 . Albarka. To be blunt about it.

Sultan Kudarat. naval. Bohol resulting in among others. the ASG beheaded Filipino kidnap victim Noel or any part thereof. the armed uprising that in Marawi City is one contemplated under the crime of rebellion. 134 of the RPC. mass killing. the Court upholds the validity of the declaration of martial law among the populace in order to coerce the government to give in to and suspension of the privilege of the writ of habeas corpus in the an unlawful demand. RA 9372 does not terrorism. there is nothing in Art. need to summon the spirit of unity and act as one undivided nation. however ardently and passionately we may firefights between rebels and government troops. It is also of judicial notice that the insurgency in Mindanao has been Besides. Sulu. 2017. and beheading. the President has reasonable basis provides that "[n]othing in this Act shall be interpreted as a SO ORDERED. is political.296 (b) to deprive the Chief Executive or Congress. the Filipino people. If it is political. Article circumstances. VII. considering the widespread atrocities in Mindanao and ruled that the President did not err in believing that what is going on dead. achieved through bombing. its purpose is distinct and well-defined. As a crime otherwise known as the Human Security Act of 2007 expressly without predetermined bounds. and the countless bombings in also be characterized as terrorism. 2017. restriction or diminution of constitutionally recognized suspension of the privilege of the writ of habeas corpus in the whole powers of the executive branch of the government. the crime is rebellion. To date. let us g. of confronted with a crisis of such magnitude and proportion that we all any of their powers and prerogatives. The Court therefore will not simply disregard the events that WHEREFORE. curtail or diminish such powers. the Mamasapano In any case. (a) to remove from the allegiance to the believe in the validity or correctness of the varied and contentious Philippine Government or its laws: (i) the territory of the Philippines causes or principles that we espouse. Anni Siraji and beheaded if we are to overcome and prevail in the struggle at hand. Rebellion may be subsumed under the crime of terrorism. populace in order to coerce the government to give in to an unlawful demand. hereby DISMISSED. 216. or armed forces. him three days later. therefore. to believe that the declaration of martial law.297 In determining what crime was committed. we have to look into the main objective of the malefactors. Section 2 of Republic Act (RA) No. the extraordinary i) Terrorism neither negates powers of the President are bestowed on him by the Constitution. .300 can be committed. expressly or impliedly repeal Art. i. and Basilan. others have resorted to violent extremism and other or that they cannot co-exist together. wholly or partially.295 discussed." Thus. kidnapping. and called for by the the President complies with all the requirements of Section 18. is most necessary. the Zamboanga City siege. the ASG kidnapped SSg. After all. On April 20. the crime is terrorism. including our differences and prejudices? the linkages established among rebel groups. 134 of the RPC and RA 9372 which ongoing for decades. 298 The affect Proclamation No. while the scope of terrorism may be comprehensive. 216 and DECLARES it massacre. Court cannot simply take the battle of Marawi in isolation.299 However. act of Congress can.. as long as of Mindanao. one cannot absorb the In fact. 2017. Here. 9372. advocate or champion. or not forget that at this point in time we. h. the Court FINDS sufficient factual bases for the happened during the Davao City bombing. the same will not in any manner as CONSTITUTIONAL. 418 have died. No nor absorbs rebellion. This condition of widespread fear is traditionally entire Mindanao region. the ASG infiltrated Inabaga. On April 13. (ii) any body of land. And while rebellion which has a broader scope covering a wide range of predicate crimes. rebellion is only one of the various means by which terrorism other as they have different elements. Let us take notice of the fact that the casualties of the war are these suggest that the rebellion in Marawi has already spilled over to on the other hand. such as for the Let us face up to the fact that the siege in Marawi City has entered There were also intelligence reports from the military about purpose of severing the allegiance of Mindanao to the Philippine the second month and only God or Allah knows when it would end. the purpose of rebellion. as previously At the end of the day. are Besconde.e. All Government to establish a wilayat therein. was initially staged in Marawi cannot be justified as confined only to Marawi. is one of the predicate crimes of terrorism. condition of widespread and extraordinary fear and panic among the as against 71 government troops and 44 civilians. Accordingly. In contrast. the primary objective is to sow and create a mounting. effective. the consolidated Petitions are Cotabato. Out of that were 303 Maute rebels other parts of Mindanao. we have already explained and Can we not sheathe our swords and pause for a while to bury our Moreover. If. even assuming that the insurgency in Marawi City can issuance of Proclamation No. While some groups have sought legal and states that rebellion and terrorism are mutuallty exclusive of each peaceful means. The objective of a "'terrorist" is to sow and create a condition of widespread fear Verily. among others. On April 11.f. the existence of terrorism cannot prevent him from exercising his extraordinary power of proclaiming martial ' law or suspending the privilege of the writ of habeas corpus. offensives committed by the ASG and other local rebel groups. as well as the curtailment.