Case Digest (G.R. No. 147780)
Facts:
Panfilo Lacson, Michael Ray B. Aquino and Cesar O. Mancao; Miriam Defensor‑Santiago; Ronaldo A. Lumbao; and Laban ng Demokratikong Pilipino, G.R. Nos. 147780, 147781, 147799 and 147810, May 10, 2001, the Supreme Court En Banc, Melo, J., writing for the Court.On April 25, 2001 the Sandiganbayan issued and the authorities executed an arrest warrant against former President Joseph Estrada; mass demonstrations in his support followed at the EDSA Shrine and elsewhere. On May 1, 2001 a large crowd marched toward Malacañang, clashed with police and attempted to breach the palace gates. That same day President Gloria Macapagal‑Arroyo issued Proclamation No. 38 declaring a “state of rebellion” in the National Capital Region and General Order No. 1 calling the Armed Forces and the PNP to suppress the rebellion; warrantless arrests of several suspected leaders and promoters followed or were threatened.
In reaction, four related petitions were filed directly with the Supreme Court: G.R. No. 147780 (Lacson, Aquino and Mancao) for prohibition, injunction, mandamus and habeas corpus with an urgent application for TRO/preliminary injunction; G.R. No. 147781 (Defensor‑Santiago) for mandamus and/or review of the factual basis for suspension of the privilege of the writ of habeas corpus with prayer for TRO; G.R. No. 147799 (Lumbao) for prohibition and injunction with prayer for preliminary injunction/ restraining order; and G.R. No. 147810 (LDP) for certiorari and prohibition. The petitions principally challenged the validity of the “state of rebellion” declaration and sought to enjoin warrantless arrests said to be justified by it.
Before resolution by the Court, the President lifted the declaration (the Court notes that the lifting occurred on May 6, 2001) and respondents (the Department of Justice, the AFP and the PNP) filed joint comments representing that they intended to secure regular warrants of arrest from the courts for acts committed up to May 1 and that preliminary investigat...(Subscriber-Only)
Issues:
- Are the petitions moot and academic because Proclamation No. 38 was lifted and respondents have undertaken to obtain judicial warrants?
- Do the petitioners have a right to extraordinary reliefs (mandamus, prohibition, injunction) to prevent impending warrantless arrests when ordinary remedies remain available?
- Was President Macapagal‑Arroyo’s proclamation of a “state of rebellion” a lawful basis for warrantless arrests under the Constitution and the Rules of Court (Article VII, Sec. 18; Rule 113, Sec. 5)?
- Does Laban ng Demokratikong Pilipino have standi...(Subscriber-Only)
Ruling:
- (Subscriber-Only)
Ratio:
- (Subscriber-Only)
Doctrine:
- (Subscriber-Only)