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Ampatuan vs. Ronaldo Puno CASE DIGEST

This case involved a challenge to Proclamation 1946 and Administrative Orders 273 and 273-A issued by President Arroyo after the Maguindanao massacre. The Supreme Court ruled that: 1) The orders did not violate principles of local autonomy as they did not transfer control of ARMM to the DILG Secretary. 2) Calling out the armed forces to prevent violence in an emergency is a power directly given to the President by the Constitution, without needing congressional approval. 3) Petitioners failed to prove the declaration of a state of emergency and calling out of armed forces in Maguindanao, Sultan Kudarat and Cotabato City lacked factual basis.

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94 views1 page

Ampatuan vs. Ronaldo Puno CASE DIGEST

This case involved a challenge to Proclamation 1946 and Administrative Orders 273 and 273-A issued by President Arroyo after the Maguindanao massacre. The Supreme Court ruled that: 1) The orders did not violate principles of local autonomy as they did not transfer control of ARMM to the DILG Secretary. 2) Calling out the armed forces to prevent violence in an emergency is a power directly given to the President by the Constitution, without needing congressional approval. 3) Petitioners failed to prove the declaration of a state of emergency and calling out of armed forces in Maguindanao, Sultan Kudarat and Cotabato City lacked factual basis.

Uploaded by

Renzo Jamer
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Ampatuan v Ronaldo Puno

GR 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.

Issues:

1. Whether or not Proclamation 1946 and AOs 273 and 273-A violate the principle of local
autonomy under Section 16, Article X of the Constitution, and Section 1, Article V of the
Expanded ARMM Organic Act;

2. Whether or not President Arroyo invalidly exercised emergency powers when she called
out the AFP and the PNP to prevent and suppress all incidents of lawless violence in
Maguindanao, Sultan Kudarat, and Cotabato City; and

3. Whether or not the President had factual bases for her actions.

Ruling:

Firstly, the DILG Secretary did not take over control of the powers of the ARMM. After law
enforcement agents took respondent Governor of ARMM into custody for alleged complicity
in the Maguindanao massacre, the ARMM Vice-Governor, petitioner Ansaruddin Adiong,
assumed the vacated post on December 10, 2009 pursuant to the rule on succession found
in Article VII, Section 12,14 of RA 9054.

Secondly, the calling out of the armed forces to prevent or suppress lawless violence in such
places is a power that the Constitution directly vests in the President. She did not need a
congressional authority to exercise the same.

Lastly, petitioners failed to show that the declaration of a state of emergency in the
Provinces of Maguindanao, Sultan Kudarat and Cotabato City, as well as the President’s
exercise of the "calling out" power had no factual basis. They simply alleged that, since not
all areas under the ARMM were placed under a state of emergency, it follows that the
takeover of the entire ARMM by the DILG Secretary had no basis too.

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