LAGMAN VS MEDIALDEA

facts: On May 23, 2017, President Duterte issued proclamation no. 216 declaring a state of martial law
and suspending the privilege of the writ of habeas corpus in the whole mindanao. This is in connection
with intel received by the President and the various incidents of attacks and the recent marawi seige
whcih prompted the President to declare said proclamation. The recent attack on marawi was
orchestrated by the Maute group which is an ISIS sympathiser.

Issues: Whether or not the president had factual basis on issuing proclamation no. 216?

Whether or not hostilities mentioned in proc. no. 216 had sufficient basis for calling the
existence of actual rebellion and for declaring martial law and suspension of WHC to entire region of
Mindanao?

Held: YES. The court held that the president had factual basis on issuing the questioned proclamation.
The president deduced the facts that are available to him that there was an armed public uprising the
culpable purpose of which is to remove from the allegiance to the Phil. Gov. a portion of its territory and
to deprive the chf. exec. of any of his powers and prerogative leading the Pres. to believe that there was
probable cause that the crime of rebellion was and is committed and that public safety requires tha
imposition of martial law and suspension of the WHC.

YES. The court held that the Pres. had sufficient basis in issuing said proclamation that is after a
tactical consideration of the facts before and on the issuing of the proclamation. What the law requires
that the president only needs to find if there was probable cause or evidence showing that rebellion was
or is committed. To require him to satisfy a higher standard of proof would restrict the exercise of his
emergency power. In the report submitted, the president noted that the attacks perpetrated by the asg
and maute group were not only directed to gov. forces but also civilians and also their properties.
Hence, this convinced the Pres. that the atrocities committed are already escalated to a level that risked
public safety and impelled him to declare martial law and to suspend the WHC.

DISSENTING

LEONEN

NO. There was no factual basis on issuing the proclamation. The allegations were patently
irrelevant to the imposition of martial law and suspension of the WHC. There was no direct or indirect
correlation between the incidents to the alleged rebellion in marawi city. The disputed factual
allegations could have been settled by showing the process to validate the information used by the
president. Moreover, he stated that the constitution should be read in a more precise and stricter and
more vigilant of the fundamental rights of our people. That terrorism requires a more thoughtful action
not the instance of declaring martial law and the suspension of WHC. Hence, martial law is not the
constitutionally allowed solution for terrorism.

MARTIAL MUST BE IMPOSED ONLY AT MARAWI CITY

CARPIO

NO. The Pres. was not able to lay down sufficient factual basis to declare Martial law and
suspend WHC in the ENTIRE islands group of Mindanao. At most he was able to establish the existence
of actual rebellion and danger to public safety in Marawi City. There was no need to place the entire
Mindanao in the state of martial law or suspend the WHC because of the absence of an armed public
uprising against the Gov. and to remove from allegiance to the Gov. the areas cannot constitute actual
rebellion. Proclamation 216 having been issued in the absence of actual rebellion outside Marawi was
issued without factual basis.

SERENO

NO. The president was not able to lay down sufficient basis to declare martila law on the entire
island of mindanao however, it is valid only in marawi but the entire lanao del sur, provinces of
maguindanao, and sulu. This is for the reason that thses areas mentioned are nesting grounds of human,
financial, and logistical support of the Muate Fighters that launched the actual rebellion in Marawi
which were described with sufficient specificity by the AFP chief of staff. The same does not hold true
with respect to supply corridors or spillover areas for as long as they remain potential and not actual
areas of combat amounting to rebellion.

CAGUIOA

NO. the issuance of the proclamation may only be applied only at lanao del sur, maguindanao,
and sulu. There was no sufficient factual basis to declare martial law and suspend the WHC over the
whole mindanao. The reason for the inclusion of only these areas is because the linkages it poses to the
maute fighters and thus it should be only limited to these areas. No actual upsrising was reported to
support whether rebellion was existing over the whole mindanao area and for this reason no such need
to include the entire mindanao for the imposition of proc. no 216.