Case Digest (G.R. No. 187298)
Facts:
JAMAR M. KULAYAN, TEMEN S. TULAWIE, HJI. MOH. YUSOP ISMI, JULHAJAN AWADI, AND SPO1 SATTAL H. JADJULI, PETITIONER, challenged GOV. ABDUSAKUR M. TAN and military and police officers after three ICRC members were kidnapped on 15 January 2009 in Patikul, Sulu, prompting security operations. On 31 March 2009 Governor Tan issued Proclamation No. 1, Series of 2009, declaring a state of emergency, directing the PNP, AFP, and a locally organized Civilian Emergency Force (CEF) to implement checkpoints, curfew, and “general search and seizure,” and distributing implementing Guidelines that suspended certain firearm permits; petitioners were arrested and on 16 April 2009 filed a petition for certiorari and prohibition in the Supreme Court alleging ultra vires acts under Section 465 of the Local Government Code (R.A. 7160) and violations of constitutional rights.Issues:
- Did the Supreme Court have original jurisdiction to entertain the petition despite the doctrine of hierarchy of courts
Case Digest (G.R. No. 187298)
Facts:
- Parties and capacities
- JAMAR M. KULAYAN, TEMEN S. TULAWIE, HJI. MOH. YUSOP ISMI, JULHAJAN AWADI, AND SPO1 SATTAL H. JADJULI, petitioners, residents of Patikul, Sulu.
- GOV. ABDUSAKUR M. TAN, respondent, in his capacity as Governor of Sulu; GEN. JUANCHO SABAN, COL. EUGENIO CLEMEN PN, P/SUPT. JULASIRIM KASIM, and P/SUPT. BIENVENIDO G. LATAD, respondents, in their capacity as officers of the Armed Forces of the Philippines and the Philippine National Police, respectively.
- Kidnapping and immediate government response
- On 15 January 2009 three International Committee of the Red Cross (ICRC) members—Andres Notter (Swiss), Eugenio Vagni (Italian), and Marie Jean Lacaba (Filipino)—were kidnapped near the Provincial Capitol in Patikul, Sulu by armed men later identified as Abu Sayyaf Group (ASG) members led by Raden Abu.
- On 21 January 2009 a task force was created by the ICRC and the PNP and a parallel Local Crisis Committee was organized, which was later renamed Sulu Crisis Management Committee and convened under Governor Tan.
- The armed component of the local committee was headed by Gen. Juancho Saban with deputy Col. Eugenio Clemen; the PNP component was headed by P/SUPT. Bienvenido G. Latag.
- Creation and organization of auxiliary forces and MOU
- Governor Tan organized the Civilian Emergency Force (CEF), a group of armed male civilians redeployed to areas surrounding Patikul.
- The organization of the CEF was embodied in a Memorandum of Understanding among the provincial government (Governor Tan), the AFP (Gen. Saban), and the PNP (P/SUPT. Latag), marked secret on all pages and delineating responsibilities of the provincial government and AFP/PNP/TF ICRC.
- The Memorandum assigned duties to the Provincial Government (e.g., source funds, identify participating LGUs, ensure no unilateral CEF action) and to AFP/PNP (e.g., remain authority in military operations, ensure orderly deployment and safe movement of the CEF).
- Escalation, demands by ASG, and Proclamation
- Media reports and statements by DILG Secretary Ronaldo Puno indicated government troops had cornered about one hundred twenty ASG members and the three hostages; the ASG demanded military pull back, threatened beheading, and demanded evacuation of military camps, giving a deadline of 2:00 p.m. on 31 March 2009.
- On 31 March 2009 Governor Tan issued Proclamation No. 1, Series of 2009 (Proclamation 1-09) declaring a state of emergency in Sulu, citing the kidnapping as a terrorist act under the Human Security Act (R.A. 9372) and invoking Section 465 of the Local Government Code (R.A. 7160).
- Proclamation 1-09 called on the PNP with AFP and the CEF to implement measures including setup of checkpoints and chokepoints, imposition of a provincial curfew, and the conduct of "General Search and Seizure including arrests" in pursuit of kidnappers and supporters.
- Arrests, guidelines, and petition
- On 1 April 2009 SPO1 Sattal Jadjuli and several others were arrested after interrogation about familial relations to suspected ASG members; an apprehending officer's affidavit alleged they were suspected ASG supporters arrested under Proclamation 1-09.
- On 2 April 2009 hostage Mary Jane Lacaba was released by the ASG; on 4 April 2009 Governor Tan's office distributed Guidelines for the Implementation of Proclamation No. 1, Series of 2009, suspending PTCFORs and allowing exemption only via the Office of the Governor, and permitting general searches and seizures at checkpoints.
- On 16 April ...(Subscriber-Only)
Issues:
- Jurisdictional and procedural questions
- Whether the Supreme Court should exercise original jurisdiction despite the doctrine of hierarchy of courts and respondents' contention that relief should have been sought first from the CA or RTC.
- Whether the petition raises questions of transcendental public importance or restrictive custody that justify relaxation of the doctrine of hierarchy of courts.
- Constitutional allocation of emergency and calling-out powers
- Whether a provincial governor may declare a state of emergency and exercise the powers enumerated in Proclamation 1-09, including calling upon the AFP, PNP, and a locally organized CEF.
- Whether Sections 1 and 18, Article VII, and Section 23, Article VI of the 1987 Constitution reserve calling-out and emergency powers exclusively to the President.
- Scope and limits of the Local Government Code
- Whether Section 465, in relation to Section 16, of R.A. 7160 authorizes a provincial governor to carry out measures such as general searches and seizures and to call upon the AFP as an appropriate national law enforcement agency.
- Whether the assertion of authority under Section 465 may justify suspension of PTCFORs, regulation of firearm permits, and other measures enacted in the Guidelines.
- Legality of ...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)