FORTUN V MACAPAGAL-ARROYO

ISSUE
WON

the declaration of the Martial Law or suspension of the writ

is a joint and sequential function of the president and
Congress such that, without Congressional action on the
proclamation either affirming or revoking it
moment it is declared by the President. No other act is

FACTS
1)

November 23, 2009 heavily armed men, believed led by the

needed for the perfection of the declaration of martial law or

ruling Ampatuan family, gunned down and buried under

shoveled dirt 57 innocent civilians on a highway in
2)

Maguindanao.
Following these incidents of which the facts of such we all

complete by itself and does not require for its validity the
approval or concurrence of Congress. It is a power placed

Presidential Decrees, herein presented sequentially:

solely in the keeping of the President to enable him to secure

a)

the people from harm and restore the public order so that

Proclamation 1946 - declaring a state of emergency in

Maguindanao, Sultan Kudarat, and Cotabato City to prevent
and suppress similar lawless violence in Central Mindanao;
issued November 4, 2009.
Presidential Proclamation 1959 (the PD mainly assailed in this
case) - declaring martial law and suspending the privilege of
the writ of habeas corpus in that province except for identified
areas of the Moro Islamic Liberation Front; issued December 4,
2009.

they can enjoy their freedoms. Because it is liable to abuse, it

is made subject to check by Congress and/or the [Supreme

martial law or suspending the privilege of the writ of habeas

Two days later or on December 6, 2009 President Arroyo

corpus. It is a veto power, just as the power of the judiciary

submitted her report to Congress in accordance with

to review the Presidents action is a veto power on the

required her, within 48 hours from the proclamation of

6)

Executives action.
It is clear, therefore, that the Presidents power to declare

martial law or the suspension of the privilege of the writ of

martial law or suspend the writ is independent, separate,

habeas corpus, to submit to that body a report in person or in

and distinct from any constitutionally mandated act to be

writing of her action.

In her report, PGMA said that her actions were based on

performed by either the Legislature or the Judiciary. It is

her finding lawless men have taken up arms in

the declaration or suspension or to extend it upon the

Maguindanao and risen against the government. The

initiative of the President. Accordingly, even if Congress has

President described the scope of the uprising, the nature,

not acted upon the Presidents declaration or suspension, the

quantity, and quality of the rebels weaponry, the movement

Court may review the declaration or suspension in an

of their heavily armed units in strategic positions, the closure

appropriate proceeding filed by any citizen. Otherwise

of

Ampatuan

stated, Congress inaction on the declaration or suspension is

Municipal Hall, Datu Unsay Municipal Hall, and 14 other

not determinative of the Courts exercise of its review power

the

Maguindanao

Provincial

Capitol,

neither joint nor sequential with Congress power to revoke

municipal halls, and the use of armored vehicles, tanks, and

5)

Court].
The power of Congress is to revoke not to confirm or ratify,
much less to approve, the Presidents action declaring

Section 18, Article VII of the 1987. Constitution which

4)

the suspension of the writ.

As amicus curiae retired Justice Mendoza states:
A declaration of martial law by the President alone is

know very well, President Arroyo issued the following

b)

3)

patrol cars with unauthorized PNP/Police markings.

On December 9, 2009 Congress, in joint session, convened

under Section 18, Article VII of the Constitution.

To hold that the power of this Court to review the
Presidents declaration of martial law or suspension of the

pursuant to Section 18, Article VII of the 1987 Constitution

writ is sequential, or joint, with the review power of

to review the validity of the Presidents action.

But, two days later or on December 12, 2009 before Congress

Congress is to make it impossible for this Court to decide a

could act, the President issued Presidential Proclamation

days from its filing," as mandated by the Constitution.

1963.
a) Presidential Proclamation 1963 - lifting martial law
and restoring the privilege of the writ of habeas corpus in
Maguindanao; issued December 12, 2009.
DECISION
NO
The Constitution vests exclusively in the President, as
Commander-in-Chief, the emergency powers to declare
martial law or suspend the writ in cases of rebellion or
invasion, when the public safety requires it. The imposition
of martial law or suspension of the writ takes effect the

case challenging the declaration or suspension "within thirty

Congress has no deadline when to revoke the Presidents
declaration or suspension. Congress may not even do
anything with the Presidents declaration or suspension and
merely allow it to lapse after 60 days. On the other hand, the
Constitution mandates that this Court "must promulgate its
decision thereon within thirty days from [the] filing" of the
case. Clearly, the Courts review power is neither sequential
nor joint with the review power of Congress.
NOTES