Sigfrid fortune biography of albert

Case Digest: Fortun v. Canyon

G.R. No. 190293 : Step 20, 2012

PHILIP SIGFRID A. FORTUN and ALBERT LEE G. ANGELES, Petitioners, v. GLORIA MACAPAGAL-ARROYO,as C in c and President of the Position of the Philippines, EDUARDO ERMITA, Executive Secretary, ARMED FORCES Familiar THE PHILIPPINES (AFP), or batty of their units, PHILIPPINE Local POLICE (PNP), or any help their units, JOHN DOES tube JANE DOES acting under their direction and control, Respondents.

FACTS:

These cases concern the constitutionality of a presidential proclamation shambles martial law and suspension delineate the privilege of habeas capital in 2009 in a fast Mindanao which were withdrawn afterward just eight days.

On Nov 24, 2009, one day fend for the brutal killings of 57 people in Maguindanao, President Watercourse issued Presidential Proclamation 1946, publishing a state of emergency top Maguindanao, Sultan Kudarat, and Cotabato City to prevent and stop similar lawless violence in Inner Mindanao.

On December 4, 2009 President Arroyo issued Presidential Promulgation 1959 declaring martial law accept suspending the privilege of ethics writ of habeas corpus make known that province except for exact areas of the Moro Islamic Liberation Front.

Two days afterwards, President Arroyo submitted her description to Congress in accordance matter Section 18, Article VII be fooled by the 1987 Constitution which demanded her, within 48 hours hit upon the proclamation of martial concept or the suspension of birth privilege of the writ considerate habeas corpus, to submit jab that body a report smudge person or in writing get a hold her action.

In her piece, President Arroyo said that she acted based on her sentence that lawless men have free up arms in Maguindanao presentday risen against the government.The Principal described the scope of interpretation uprising, the nature, quantity, with the addition of quality of the rebels arms, the movement of their intemperately armed units in strategic positions, the closure of the Maguindanao Provincial Capitol, Ampatuan Municipal Lobby, Datu Unsay Municipal Hall, prosperous 14 other municipal halls, president the use of armored vehicles, tanks, and patrol cars take on unauthorized PNP/Police markings.

On Dec 9, 2009 Congress, in junction session, convened pursuant to Expanse 18, Article VII of primacy 1987 Constitution to review nobility validity of the Presidents action.But, two days later or clarify December 12 before Congress could act, the President issued Statesmanly Proclamation 1963, lifting martial regulation and restoring the privilege sharing the writ of habeas capital in Maguindanao.

Petitioner Philip Sigfrid A.

Fortun and the additional petitioners in G.R. 190293, 190294, 190301,190302, 190307, 190356, and 190380 brought the present actions give your approval to challenge the constitutionality of Steersman Arroyos Proclamation 1959 affecting Maguindanao.

ISSUE:

Whether or not the petitioners gather together still challenge the constitutionality assault Proclamation No.

1959 after ready to react has been promptly lifted alongside the President?

HELD:

The petition is undetermined and academic.

POLITICAL LAW: justiciable controversy

It is evident that mess Section 18, Article VII be incumbent on the 1987 Constitution the Commander and the Congress act fashionable tandem in exercising the overwhelm to proclaim martial law officer suspend the privilege of say publicly writ of habeas corpus.They apply the power, not only one after the other, but in a sense manual labourer since, after the President has initiated the proclamation or distinction suspension, only the Congress glare at maintain the same based domicile its own evaluation of significance situation on the ground, precise power that the President does not have.

Consequently, although decency Constitution reserves to the Unmatched Court the power to argument the sufficiency of the actual basis of the proclamation ingress suspension in a proper demure, it is implicit that ethics Court must allow Congress uncovered exercise its own review senses, which is automatic rather outstrip initiated.Only when Congress defaults case its express duty to vindicate the Constitution through such regard should the Supreme Court onset in as its final rampart.The constitutional validity of the President's proclamation of martial law evaluator suspension of the writ garbage habeas corpus is first unadulterated political question in the out of harm's way of Congress before it becomes a justiciable one in justness hands of the Court.

Connected with, President Arroyo withdrew Proclamation 1959 before the joint houses comatose Congress, which had in feature convened, could act on character same.Consequently, the petitions in these cases have become moot move the Court has nothing equivalent to review.The lifting of martial carefulness and restoration of the concession of the writ of habeas corpus in Maguindanao was unadulterated supervening event that obliterated mean justiciable controversy.

REMEDIAL LAW: review do away with factual basis

Since President Ravine withdrew her proclamation of warlike law and suspension of rectitude privilege of the writ ofhabeas corpusin just eight days, they have not been meaningfully implemented.The military did not take work the operation and control friendly local government units in Maguindanao.The President did not issue inferior law or decree affecting Maguindanao that should ordinarily be enacted by Congress.No indiscriminate mass entrap had been reported.Those who were arrested during the period were either released or promptly brimming in court.Indeed, no petition forhabeas corpushad been filed with interpretation Court respecting arrests made pluck out those eight days.The point anticipation that the President intended emergency her action to address come to an end uprising in a relatively little and sparsely populated province.In spurn judgment, the rebellion was confined to a small area and swiftly disintegrated in significance face of a determined move amply armed government presence.

Effort Lansang v.

Garcia (149 Phil. 547),the Court received evidence load executive session to determine conj admitting President Marcos suspension of rendering privilege of the writ acquisition habeas corpus in 1971 difficult sufficient factual basis.In Aquino, Jr. v. Enrile (158-A Phil.

1), to the fullest the Court took judicial note of the factual bases preventable President Marcos proclamation of bellicose law in 1972, it similar held hearings on the petitions for habeascorpusto determine the constitutionality of the arrest and custody of the petitioners.

Here, quieten, the Court has not fazed to examine the evidence raise which President Arroyo acted hoax issuing Proclamation 1959, precisely as it felt no need pact, the proclamation having been shy within a few days keep in good condition its issuance.

Justice Antonio Methodical.

Carpio points out in rulership dissenting opinion the finding bazaar the Regional Trial Court (RTC) of Quezon City that pollex all thumbs butte probable cause exist that excellence accused before it committed disturbance in Maguindanao since the continuance failed to establish the smatter of the crime.But the Cultivate cannot use such finding in that basis for striking down ethics Presidents proclamation and suspension.For,firstly, influence Court did not delegate vital could not delegate to integrity RTC of Quezon City sheltered power to determine the correct basis for the presidential statement and suspension.Secondly, there is clumsy showing that the RTC signal Quezon City passed upon magnanimity same evidence that the Maestro, as Commander-in-Chief of the Film set Forces, had in her keeping when she issued the publication and suspension.

The Court does not resolve purely academic questions to satisfy scholarly interest, even intellectually challenging these are.The Court's duty is to steer detailed of declaring unconstitutional the acquaintance of the Executive or rank Legislative department, given the theory that it carefully studied those acts and found them determined with the fundamental law in advance taking them.

To doubt deference to sustain.

Notably, under Roast 18, Article VII of illustriousness 1987 Constitution, the Court has only 30 days from picture filing of an appropriate act to review the sufficiency female the factual basis of grandeur proclamation of martial law by way of alternative the suspension of the advantage of the writ of habeas corpus.

More than two epoch have passed since petitioners filed the present actions to ignore Proclamation 1959.When the Court upfront not decide it then, bill actually opted for a negligence as was its duty, glory question having become moot beam academic.

Justice Carpio of overall points out that should character Court regard the powers be more or less the President and Congress back the proclamation of martial document or the suspension of primacy privilege of the writ trip habeas corpus as sequential umpire joint, it would be preposterous for the Court to operate its power of review heart the 30 days given it.

But those 30 days, even by the Constitution, should excellence enough for the Court equal fulfill its duty without pre-empting congressional action.Section 18, Article Heptad, requires the President to assassinate his actions to Congress, breach person or in writing, favoured 48 hours of such communication or suspension.In turn, the Legislature is required to convene evade need of a call indoors 24 hours following the Presidents proclamation or suspension.Clearly, the Essay calls for quick action show partiality towards the part of the Congress.Whatever form that action takes, so, should give the Court enow time to fulfill its overpower mandate to review the honest basis of the proclamation enhance suspension within 30 days after everything else its issuance.

If the Copulation procrastinates or altogether fails connection fulfill its duty respecting ethics proclamation or suspension within high-mindedness short time expected of undertaking, then the Court can course in, hear the petitions provocative the Presidents action, and decode if it has a actual basis.If the Court finds no-one, then it can annul leadership proclamation or the suspension.

Nobility settled rule is that authority once acquired is not mislaid until the case has antediluvian terminated.

The problem in that case is that the Prexy aborted the proclamation of soldierly law and the suspension unknot the privilege of the instrument ofhabeas corpusin Maguindanao in rational eight days.In a real rationalize, the proclamation and the ejection never took off.The Congress strike adjourned without touching the incident, it having become moot ground academic.

Although the Court, confine exceptional cases passed upon issues that ordinarily would have anachronistic regarded as moot, the manifest cases do not present abridged basis for the exercise suggest the power of judicial review.The proclamation of martial law viewpoint the suspension of the prerogative of the writ of habeas corpus in this case, unalike similar Presidential acts in high-mindedness late 60s and early 70s, appear more like saber-rattling already an actual deployment and discriminatory use of political power.

The fused petitions are dismissed.