Saturday, April 21, 2012

Philip Sigfrid Fortun v. Gloria Macapagal-Arroyo, et al., G.R. No. 190293, March 20, 2012 (and other consolidated cases)


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.

II.    THE ISSUES

Did the issuance of PP 1963, lifting martial law and restoring the [privilege of the] writ in Maguindanao, render the issues moot and academic?

III.   THE RULING

[The Court DISMISSED the consolidated petitions on the ground that they have become MOOT and ACADEMIC.]

YES, the issuance of PP 1963, lifting martial law and restoring the [privilege of the] writ in Maguindanao, rendered the issues moot and academic

Prudence and respect for the co-equal departments of the government dictate that the Court should be cautious in entertaining actions that assail the constitutionality of the acts of the Executive or the Legislative department.  The issue of constitutionality, said the Court in Biraogo v. Philippine Truth Commission of 2010, must be the very issue of the case, that the resolution of such issue is unavoidable.  
          
The issue of the constitutionality of Proclamation 1959 is not unavoidable for two reasons:
          
One.  President Arroyo withdrew her proclamation of martial law and suspension of the privilege of the writ of habeas corpus before the joint houses of Congress could fulfill their automatic duty to review and validate or invalidate the same. xxx.

                        xxx                              xxx                              xxx

[U]nder the 1987 Constitution the President and the Congress act in tandem in exercising the power to proclaim martial law or suspend the privilege of the writ of habeas corpus.  They exercise the power, not only sequentially, but in a sense jointly since, after the President has initiated the proclamation or the suspension, only the Congress can maintain the same based on its own evaluation of the situation on the ground, a power that the President does not have.

Consequently, although the Constitution reserves to the Supreme Court the power to review the sufficiency of the factual basis of the proclamation or suspension in a proper suit, it is implicit that the Court must allow Congress to exercise its own review powers, which is automatic rather than initiated.  Only when Congress defaults in its express duty to defend the Constitution through such review should the Supreme Court step in as its final rampart.  The constitutional 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 of Congress before it becomes a justiciable one in the hands of the Court.

xxx                              xxx                              xxx

Here, President Arroyo withdrew Proclamation 1959 before the joint houses of Congress, which had in fact convened, could act on the same.  Consequently, the petitions in these cases have become moot and the Court has nothing to review.  The lifting of martial law and restoration of the privilege of the writ of habeas corpus in Maguindanao was a supervening event that obliterated any justiciable controversy.

Two.  Since President Arroyo withdrew her proclamation of martial law and suspension of the privilege of the writ of habeas corpus in just eight days, they have not been meaningfully implemented.  The military did not take over the operation and control of local government units in Maguindanao.  The President did not issue any law or decree affecting Maguindanao that should ordinarily be enacted by Congress.  No indiscriminate mass arrest had been reported.  Those who were arrested during the period were either released or promptly charged in court.  Indeed, no petition for habeas corpus had been filed with the Court respecting arrests made in those eight days.  The point is that the President intended by her action to address an uprising in a relatively small and sparsely populated province.  In her judgment, the rebellion was localized and swiftly disintegrated in the face of a determined and amply armed government presence. 

xxx                              xxx                              xxx

xxx. In a real sense, the proclamation and the suspension never took off.  The Congress itself adjourned without touching the matter, it having become moot and academic.





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