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.