Title
Supreme Court
Fortun vs. Macapagal-Arroyo
Case
G.R. No. 190293
Decision Date
Mar 20, 2012
The Supreme Court dismissed petitions challenging Proclamation 1959, finding them moot after its prompt withdrawal by President Arroyo, relating to a martial law declaration in Maguindanao.

Case Summary (G.R. No. 190293)

Events Leading to Proclamation

In response to the heinous killing of civilians known as the Maguindanao massacre, President Arroyo issued Proclamation No. 1946 on November 24, 2009, declaring a state of emergency in Central Mindanao to prevent further violence. Subsequently, on December 4, 2009, she issued Proclamation No. 1959, citing threats from armed groups and declaring martial law in Maguindanao.

Congressional Actions

By December 6, 2009, President Arroyo submitted her report to Congress concerning Proclamation No. 1959, as mandated by Section 18, Article VII of the 1987 Philippine Constitution. Congress convened on December 9, 2009, to review the President's action. However, Proclamation No. 1959 was lifted by Arroyo on December 12, thereby restoring the writ of habeas corpus before Congress could act.

Legal Grounds for Petition

The petitioners contested the constitutionality of Proclamation No. 1959, arguing that it lacked a sufficient factual basis as required by the Constitution. They raised concerns regarding violations of civil rights and questioned whether the condition for declaring martial law—actual rebellion or invasion—was genuinely present.

Court’s Rationale

The Supreme Court found that the petitions were moot, as the proclamation was promptly lifted, thereby removing any justiciable controversy. The majority opinion emphasized the need for deference to the executive and legislative branches, given that the President’s action was never reviewed by Congress due to the sudden lifting of the proclamation.

Political Questions and Constitutional Review

The Court delineated that the President acts within a political framework when declaring martial law, sharing powers with Congress regarding the validation of such proclamations. Therefore, the emergency action taken by the President could only be reviewed if Congress failed in its duty to assess it.

Findings on “Rebellion”

Justice Carpio, dissenting, highlighted admissions from Executive Secretary Ermita and others during congressional sessions that indicated there was no actual rebellion occurring in Maguindanao but rathe

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