D E C I S
I O N
(En Banc)
ABAD, J.:
I.
THE FACTS
On November 23, 2009, heavily armed men believed led by the ruling
Ampatuan family of Maguindanao gunned down and buried under shoveled dirt 57
innocent civilians. In response to this carnage, President Arroyo
issued on November 24, 2009 PP 1946 declaring a state of emergency in
Maguindanao, Sultan Kudarat, and Cotabato City.
On December 4, 2009, President Arroyo issued PP 1959 declaring martial
law and suspending the privilege of the writ of habeas corpus in
Maguindanao except for identified areas of the Moro Islamic Liberation Front. On
December 6, 2009, President Arroyo submitted her report to Congress. On
December 9, 2009, Congress convened in joint session to review the validity of
the President’s action. But two days later, or on December 12, 2009,
before Congress could act, the President issued PP 1963, lifting martial law
and restoring the privilege of the writ of habeas corpus.
