Sie sind auf Seite 1von 1

AMPATUAN V PUNO

respondents DILG Secretary, the AFP, and the PNP be

ISSUE
WON

President Arroyo invalidly exercised emergency powers


4)

when she called out the AFP and the PNP to prevent and to
suppress all incidents of lawless violence in Maguindanao,

enjoined from implementing them.


The Office of the Solicitor General (OSG) insisted that:
a) The President, through AOs 273 and 273-A, merely

Sultan Kudarat, and Cotabato City

delegated her supervisory powers over the ARMM to

November 24, 2009 (the day after the massacre of 57 men

These orders did not authorize a takeover of the ARMM

and women, including some news reporters):

President Gloria Macapagal-Arroyo

ARMM officials. The delegation was made to facilitate

the DILG Secretary who was her alter ego anyway.

FACTS
1)

nor give him blanket authority to suspend or to replace

issued

Proclamation 1946, placing "the Provinces of

b)

Maguindanao and Sultan Kudarat and the City of

Cotabato under a state of emergency."


She directed the Armed Forces of the Philippines

and order in the subject places. She issued the

(AFP) and the Philippine National Police (PNP) to

Commander-in-Chief under the first sentence of Section

proclamation pursuant to her "calling out" power as

prevent and to suppress all incidents of lawless


2)

violence in the named places.


November 27, 2009: President Arroyo issued Administrative

c)

Order 273 "transferring" supervision of the Autonomous

DECISION

Region of Muslim Mindanao (ARMM) from the Office of the

18, Article VII of the Constitution


The assailed proclamation and administrative orders
did not provide for the exercise of emergency powers.

NO

President to the Department of Interior and Local

3)

the investigation of the mass killings.


The President issued Proclamation 1946 to restore peace

The deployment of AFP and PNP personnel in the

Government (DILG). But due to issues raised over the

places mentioned in the proclamation was not an

terminology used in AO 273, she issued Administrative

exercise of emergency powers as understood

Order 273-A, which amended the former by "delegating"

under Section 23(2), Article VI of the Constitution,

supervision of the ARMM to the DILG.


Petitioners, all ARMM officials, filed a petition for

which states: SECTION 23. X X X (2) In times of

prohibition under Rule 65. They alleged that:


a)
The proclamation and the orders empowered the DILG

may, by law, authorize the President, for a limited

Secretary to take over ARMM's operations and to seize

prescribe, to exercise powers necessary and proper

war or other national emergency, the Congress


period and subject to such restrictions as it may

the regional government's powers by suspending and

to carry out a declared national policy. Unless

replacing ARMM officialsall in violation of the

sooner withdrawn by resolution of the Congress,

principle of local autonomy under Republic Act 9054

such

(also known as the Expanded ARMM Act) and the


b)

Constitution.
The President had no factual basis for declaring a state

and

next

The calling out of the armed forces to prevent or

invalid exercise of the President's emergency powers.


They asked that Proclamation 1946, AO 273 and AO
unconstitutional

the

authorized her to exercise extraordinary powers.

troops and the taking over of the ARMM constituted an

declared

upon

pursuant to any law enacted by Congress that

violent incidents occurred. Thus, the deployment of

be

cease

in the three places mentioned. She also did not act

Kudarat and the City of Cotabato, where no critical

273-A

shall

emergency but instead, only a state of emergency

of emergency, especially in the Province of Sultan

c)

powers

adjournment thereof.
The President did not proclaim a national

suppress lawless violence in such places is a power


that the Constitution directly vests in the President

that

under Section 18, Article VII of the Constitution


NOTES

Das könnte Ihnen auch gefallen