Autonomous Region in Muslim Mindanao ARMM and PHILIPPINE NATIONAL POLICE or any

Autonomous region in muslim mindanao armm and

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Autonomous Region in Muslim Mindanao (ARMM), and PHILIPPINE NATIONAL POLICE, or any of their units operating in ARMM, Respondents. G.R. No. 190259 June 7, 2011 FACTS: On November 24, 2009, the day after the gruesome massacre of 57 men and women, including some news reporters, then President Gloria Macapagal-Arroyo issued Proclamation 1946, 1 placing "the Provinces of Maguindanao and Sultan Kudarat and the City of Cotabato under a state of emergency." She directed the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) "to undertake such measures as may be allowed by the Constitution and by law to prevent and suppress all incidents of lawless violence" in the named places . Three days later or on November 27, President Arroyo also issued Administrative Order 273 (AO 273) "transferring" supervision of the Autonomous Region of Muslim Mindanao (ARMM) from the Office of the President to the Department of Interior and Local Government (DILG). But, due to issues raised over the terminology used in AO 273, the President issued Administrative Order 273-A (AO 273-A) amending the former, by "delegating" instead of "transferring" supervision of the ARMM to the DILG. Petitioner ARMM officials claimed that the President had no factual basis for declaring a state of emergency, especially in the Province of Sultan Kudarat and the City of Cotabato, where no critical violent incidents occurred. The deployment of troops and the taking over of the ARMM constitutes an invalid exercise of the President’s emergency powers. 6 Petitioners asked that Proclamation 1946 as well as AOs 273 and 273-A be declared unconstitutional and that respondents DILG Secretary, the AFP, and the PNP be enjoined from implementing them. In its comment for the respondents, 7 the Office of the Solicitor General (OSG) insisted that the President issued Proclamation 1946, not to deprive the ARMM of its autonomy, but to restore peace and order in subject places. 8 She issued the proclamation pursuant to her "calling out" power 9 as Commander-in-Chief under the first sentence of Section 18, Article VII of the Constitution. The determination of the need to exercise this power rests solely on her wisdom. 10 She must use her judgment based on intelligence reports and such best information as are available to her to call out the armed forces to suppress and prevent lawless violence wherever and whenever these reared their ugly heads. ISSUE: W/N the president had factual bases for her actions. HELD: Yes. The President’s call on the armed forces to prevent or suppress lawless violence springs from the power vested in her under Section 18, Article VII of the Constitution, which provides , “ The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. While it is true that the Court may inquire into the factual bases for the President’s exercise of the above power, it would generally defer to her judgment on the matter. It is clearly to the President
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