LAGMAN v MEDIALDEA

DOCTRINE

 the President has the sole discretion to declare martial law and/or to suspend the privilege of
the writ of habeas corpus, subject to the revocation of Congress and the review of this Court.
 President’s power to declare martial law is not subject to any condition except for the
requirements of actual invasion or rebellion and that public safety requires it. Besides, it would
be contrary to common sense if the decision of the President is made dependent on the
recommendation of his mere alter ego. Only on the President can exercise of the powers of the
Commander-in-Chief.

FACTS

Effective May 23, 2017, and for a period not exceeding 60 days, 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 of Mindanao. Within the timeline set by Section 18, Article VII of the Constitution, the President
submitted to Congress on May 25, 2017, a written Report on the factual basis of Proclamation No. 216.
The Report pointed out that for decades, Mindanao has been plagued with rebellion and lawless
violence which only escalated and worsened with the passing of time.The President went on to explain
that on May 23, 2017, a government operation to capture the high-ranking officers of the Abu Sayyaf IP
(ASG) and the Maute Group was conducted. These groups, which have been unleashing havoc in
Mindanao, however, confronted the government operation by intensifying their efforts at sowing
violence aimed not only against the government authorities and its facilities but likewise against civilians
and their properties. In particular, the President chronicled in his Report the events which took place on
May 23, 2017 in Marawi City which impelled him to declare a state of martial law and suspend the
privilege of writ of habeas corpus

The Report highlighted the strategic location of Marawi City and the crucial and significant role it plays in
Mindanao, and the Philippines as a whole. In addition, the Report pointed out the possible tragic
repercussions once Marawi City falls under the control of the lawless groups. President Duterte
concluded, "While the government is presently conducting legitimate operations to address the on-
going rebellion, if not the seeds of invasion, public safety necessitates the continued implementation of
martial law and the suspension of the privilege of the writ of habeas corpus in the whole of Mindanao
until such time that the rebellion is completely quelled." After the submission of the Report and the
briefings, the Senate issued P.S. Resolution No. 390 expressing full support to the martial law
proclamation and finding Proclamation No. 216 "to be satisfactory, constitutional and in accordance
with the law". In the same Resolution, the Senate declared that it found "no compelling reason to
revoke the same".

ISSUE

W/N the President in declaring Martial Law and suspending the privilege of the writ of habeas corpus:

A. required to be factually correct or only not arbitrary in his appreciation of facts?

B. required to obtain the favorable recommendation thereon bf the Secretary of National Defense?
C. required to take into account only the situation at the time of the proclamation, even if subsequent
events prove the situation to have not been accurately reported?

RULING

In determining the sufficiency of the factual basis of the declaration and/or the suspension, the Court
should look into the full complement or totality of the factual basis, and not piecemeal or individually.
Neither should the Court expect absolute correctness of the facts stated in the proclamation and in the
written Report as the President could not be expected to verify the accuracy and veracity of all facts
reported to him due to the urgency of the situation. To require him otherwise would impede the
process of his decision-making.

The recommendation of the Defense Secretary is not a condition for the declaration of martial law or
suspension of the privilege of the writ of habeas corpus. A plain reading of Section 18, Article VII of the
Constitution shows that the President’s power to declare martial law is not subject to any condition
except for the requirements of actual invasion or rebellion and that public safety requires it. Besides, it
would be contrary to common sense if the decision of the President is made dependent on the
recommendation of his mere alter ego. Only on the President can exercise of the powers of the
Commander-in-Chief.

As Commander-in-Chief, the President has the sole discretion to declare martial law and/or to suspend
the privilege of the writ of habeas corpus, subject to the revocation of Congress and the review of this
Court. Since the exercise of these powers is a judgment call of the President, the determination of this
Court as to whether there is sufficient factual basis for the exercise of such, must be based only on facts
or information known by or available to the President at the time he made the declaration or
suspension which facts or information are found in the proclamation as well as the written Report
submitted by him to Congress. These may be based on the situation existing at the time the declaration
was made or past events. As to how far the past events should be from the present depends on the
President.