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G.R. No. 190259 | June 7, 2011 DATU ZALDY UY AMPATUAN, ANSARUDDIN ADIONG, REGIE SAHALIGENERALE, petitioners, vs. HON. RONALDO PUNO, in his capacity as Secretary of the Department of Interior and Local Government and alter-ego of President Gloria Macapagal-Arroyo, and anyone acting in his stead and on behalf of the President of the Philippines, ARMED FORCES OF THE PHILIPPINES (AFP), or any of their units operating in the Autonomous Region in Muslim Mindanao (ARMM), and PHILIPPINE NATIONAL POLICE, or any of their units operating in ARMM, respondents. Ponente: Abad, J.
FACTS: November 24, 2009 (the day after the massacre of 57 men and women, including some news reporters): President Gloria Macapagal-Arroyo issued Proclamation 1946, 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 prevent and to suppress all incidents of lawless violence in the named places. November 27, 2009: President Arroyo issued Administrative Order 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, she issued Administrative Order 273-A, which amended the former by "delegating" supervision of the ARMM to the DILG. Petitioners, all ARMM officials, filed a petition for prohibition under Rule 65. - They alleged that: 1) The proclamation and the orders empowered the DILG Secretary to take over ARMM's operations and to seize the regional government's powers by suspending and replacing ARMM officialsall in violation of the principle of local autonomy under Republic Act 9054 (also known as the Expanded ARMM Act) and the Constitution. 2) The President had no factual basis for declaring a state of emergency, especially in the Province of Sultan Kudarat and the City of Cotabato, where no critical violent incidents occurred. Thus, the deployment of troops and the taking over of the ARMM constituted an invalid exercise of the President's emergency powers. - They asked that Proclamation 1946, AO 273 and AO 273-A be declared unconstitutional and that respondents DILG Secretary, the AFP, and the PNP be enjoined from implementing them. The Office of the Solicitor General (OSG) insisted that: 1) The President, through AOs 273 and 273-A, merely delegated her supervisory powers over the ARMM to the DILG Secretary who was her alter ego anyway. These orders did not authorize a takeover of the ARMM nor give him blanket authority to suspend or to replace ARMM officials. The delegation was made to facilitate the investigation of the mass killings. 2) The President issued Proclamation 1946 to restore peace and order in the subject places. She issued the proclamation pursuant to her "calling out" power as Commander-in-Chief under the first sentence of Section 18, Article VII of the Constitution. The
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