HON. EDCEL LAGMAN, et al. v HON. SALVADOR C.

MEDIALDEA, EXECUTIVE SECRETARY, t al

DOCTRINE:

Article VII of the 1987 Constitution

FACTS:

 May 23, 2017 – President Rodrigo Roa Duterte issued Proclamation No. 216 declaring a state of martial law and
suspending the privilege of the writ of habeas corpus in the whole of Mindanao.
 May 25, 2017 – The president submitted to Congress a written report on the factual basis of Proclamation No.
216. The report pointed out that Mindanao has been plagued with lawless violence and rebellion for decades and
have only worsened with the passing off time. The report also states the strategic location of Marawi City, the
significant role it plays in Mindanao and in the Philippines, and the possible tragic repercussions once Marawi City
falls under the control of the lawless groups.
 After the submission of the Report and the briefings, the Senate issued P.S. Resolution No. 388 expressing full
support of the martial law proclamations and finding Proclamation No. 216 to be satisfactory, constitutional and
in accordance with the law, and found no compelling reason to revoke the same. Likewise, The House of
Representatives issued House Resolutions No. 1050 expressing its full support to the president as it finds no reason
to revoke Proclamation No. 216.
 Invoking Paragraph 3, Section 18, Article VII of the 1987 Constitution, various citizens filed, essentially asking the
Court to exercise its specific and special jurisdiction to review the sufficiency of the factual basis of Proclamation
No. 216; and seeking to void and nullify Proclamation 216 for lack of sufficient factual basis.

ISSUES:

1. W/N the petitions filled are the “appropriate proceeding” covered by Paragraph 3, Section 18, Article VII of the
Constitution?
2. Is the President, in declaring martial law and suspending the writ of habeas corpus:
a. Required to be factually correct or only not arbitrary in his appreciation of facts;
b. Required to obtain the favorable recommendation thereon of the Secretary of National Defense;
c. Required to take into account only the situation at the time of the proclamation, even if subsequent
events prove the situation to have not been accurately reported;
3. W/N the power of the Court to review the sufficiency of the factual basis of the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus independent of the actual actions taken by Congress
jointly or separately?
4. W/N there were sufficient factual basis for the proclamation of martial law or the suspension of the writ of habeas
corpus;
a. What are the parameters for review?
b. Who has the burden of proof?
c. What is the threshold of evidence?
5. W/N the existence of the power of judicial review by the Court involves the calibration of the graduated powers
granted the President as Commander-in-Chief, namely calling out powers, suspension of the privilege of the writ
of habeas corpus, and declaration of martial law?
6. W/N Proclamation No. 216 of 23 May 2017 may be considered vague and thus null and void;
a. With its inclusion of “other rebel groups” or;
 b. Since it has no guidelines specifying its actual operation parameters within the entire Mindanao region
7. W/N the armed hostilities mentioned in Proclamation No. 216 and in the Report of the President to Congress are
sufficient bases;
a. For the existence of actual rebellion; or
b. For a declaration of martial law or the suspension of the privilege of the writ of habeas corpus in the entire
Mindanao region
8. W/N terrorism or acts attributable to terrorism are equivalent to actual rebellion and the requirements of public
safety sufficient to declare martial law or suspend the privilege of the writ of habeas corpus?
9. W/N nullifying Proclamation No. 216 of 23 May 2017 will:
a. Have the effect of recalling Proclamation No. 55 s.2016; or
b. Also nullify the acts of the President in calling out the armed forces to quell lawless violence in Marawi
and other parts of the Mindanao Region?

COURT RULING:

1. YES. The Court agrees that jurisdiction of the Supreme Court under the Paragraph 3, Section 18, Article VII should
be treated as sui generis, separate and different from those enumerated in Sections 1 and 5 of Article VIII of the
1987 Constitution.
2.
a. NO. The President as the Commander-in-Chief wields the extraordinary power stated in Paragraph 1,
Section 18, Article VII of the Constitution. Thus, the President may resort to this extraordinary power
whenever it becomes necessary to prevent or suppress lawless violence, invasion, or rebellion. The power
to call is fully discretionary to the President, the only limitation being that he acts within the boundaries
provided in the Constitution. In determining the sufficiency of the factual basis of the declaration of
martial law/suspension of the privilege of the writ of habeas corpus, the Court should look into the totality
of the factual basis, and neither should the Court expect absolute correctness of the facts presented in
the proclamation and in the written Report submitted by the President as he could not be expected to
verify the accuracy of all the facts presented to him due to the urgency of the situation. To require him of
such would unduly burden him and therefore impede the process of his decision-making.

b. NO. The recommendation of the Secretary of National Defense is not a requirement for the President to
declare martial law. As stated in Section 18, Article VII of the Constitution, The President as Commander-
in-Chief wields extraordinary powers, the only limitation being that he acts within the boundaries set by
the Constitution. Thus, the use of these extraordinary powers is fully discretionary to the President.

c. YES. Since the exercise of these powers depends upon the discretion of President, the Court, upon
determining the sufficiency of the factual basis or the exercise of the power to declare martial law and
suspend the privilege of the writ of habeas corpus, must be based solely on the facts or information
available to the president at the time the declaration was made. These may be based on the current
situation at the time the declaration was made. Similarly, events that happened after the declaration
cannot be considered in determining the sufficiency of the of the factual basis of the declaration of martial
law and/or the suspension of the writ of habeas corpus since these events happened after the President
issued the Proclamation.

3. YES. The Court has the power to review and strike down the Presidential Proclamation in an appropriate
proceeding filed by any citizen on the grounds of lack of sufficient basis, according to Paragraph 3, Section 18,
Article VII of the Constitution. On the other hand, Congress may revoke the declaration or suspension, as well as
to lengthen or shorten its effectivity if the invasion or rebellion shall persist and public safety requires it.
4. YES. The President concluded from the facts made available to him that there was an armed uprising threatening
to remove from the allegiance to the Philippine Government a portion of its territory and deprive the Chief
Executive of any of his powers, leading the President to believe that there was and is a crime of rebellion, threating
public safety which ultimately requires the imposition of martial law and the suspension of the privilege of the
writ of habeas corpus.

a. Section 18, Article VII of the Constitution itself limits the scope of Judicial review. The Court foes not need
to satisfy itself that the President’s decision is correct, rather it only needs to determine whether the
President’s decision had sufficient factual basis.
b. The president only needs to satisfy the standard of probable cause for a valid declaration of martial law
and suspension of the privilege of the writ of the habeas corpus, in accordance with the Constitution.
c. The standard of probable cause for a valid declaration of martial law and the suspension of the privilege
of the writ of habeas corpus

5. NO. The power of judicial review does not extend to calibrating the President’s decision with regards to the usage
of his extraordinary powers so long as his actions are within the boundaries set by the Constitution. To do so
would be an incursion of the powers granted to the President as Commander-in-Chief by the Constitution.

6.
a. NO. The term “other rebel groups” in Proclamation No. 216 is not at all vague when viewed in the context
of the words that accompany it. Verily, the text of Proclamation No. 216 refers to “other rebel groups”
found in Proclamation No. 55, which it cited by way of reference in its Whereas clauses.
b. NO. There is no need for the Court to determine the constitutionality of the implementing and/or
operational guidelines, general orders, arrest orders and other orders issued after the proclamation for
being irrelevant to its review. This any act committed under the said orders in violation of the Constitution
and the laws, such as criminal acts or human rights violations, should be resolved in a separate proceeding.
Finally, there is a risk that if the Court wades into these areas, it would be deemed as trespassing into the
sphere that is reserved exclusively for Congress in the exercise of its power to revoke.

7. YES. A review of the facts presented and available to the President at the time of the declaration proves that there
was an armed uprising threatening to remove from the allegiance to the Philippine Government a portion of its
territory and deprive the Chief Executive of any of his powers, leading the President to believe that there was and
is a crime of rebellion, threating public safety which ultimately requires the imposition of martial law and the
suspension of the privilege of the writ of habeas corpus. Thus, the President, in issuing Proclamation No. 216, had
sufficient factual bases showing that an actual rebellion exists.

8. YES. According to Article VII of the Constitution, The President may resort to the use of his extraordinary powers.
The declaration of martial law in and the suspension of the privilege of the writ of habeas corpus to be valid, there
must be an existing invasion or rebellion which threatens public safety. In the President’s written report, it is noted
that the acts of violence perpetrated by the ASG and Maute Group are not only directed to the government and
privately-owned facilities, but also to civilians and their properties. In addition to the armed hostilities, bomb
threats were issued, road blockades and checkpoints were set up, schools and churches were burned, civilian
hostages were taken and killed, non-Muslim or Christians were targeted. Proclamation No. 216 has sufficient
factual basis there being probable cause to believe that rebellion exists, and that public safety requires the martial
law declaration and the suspension of the writ of habeas corpus.
9. NO. The calling out of power is in a different category from the power to declare martial law and the power to
suspend the privilege of the writ of habeas corpus. Nullification of Proclamation No. 216 will not affect
Proclamation No. 55 dated September 4, 2016, where he called upon the Armed Forces and the Philippine
National Police to undertake such measures to suppress any and all forms of lawless violence in the Mindanao
region, and to prevent such lawless violence to spread and escalate elsewhere in the Philippines. The Nullification
of Proclamation No. 216 result in the nullification of the acts of the President done pursuant thereto. Under the
“operative fact doctrine”, the unconstitutional state is recognized as an “operative fact” before it is declared
unconstitutional.