Ampatuan v. DILG Sec.

The President’s right to exercise her emergency powers rests solely on her
June 7, 2011 | Commander-in-Chiefship | Doms Candolita wisdom, based on intelligence reports/information, and the situation present
in the ARMM region (the rivalry between the Ampatuan and Mangudadatu
Recit-ready Summary: clans).
A day after the Maguindanao Massacre, former President GMA issued
Proclamation 1946 that placed the provinces of Maguindanao, Sultan Doctrine: Article 7, Section 18 of the 1987 Constitution
Kudarat, and Cotabato City under a state of emergency. Then, she directed Section 18. The President shall be the Commander-in-Chief of all armed
AFP and PNP to undertake measures as may be allowed by the Constitution forces of the Philippines and whenever it becomes necessary, he may call out
to prevent and suppress all incidents of lawless violence. such armed forces to prevent or suppress lawless violence, invasion or
rebellion.
Three days later, she issued Administrative Order (AO) 273 that effectively
transferred the supervision of ARMM from Office of the President to the The calling out of the AFP was to prevent or suppress lawless violence, which
DILG (Puno). The word “transfer” was modified to “delegate” (AO 273-A). is a power that the Constitution directly vests in the President specifically in
Section 18, Article 7 of the 1987 Constitution.
Petitioners Ampatuan et al. assailed that the President unlawfully exercised
her emergency powers by calling out the AFP and PNP to suppress lawless
violence in the provinces of Maguindanao, Sultan Kudarat, and Cotabato
City; encroached the ARMM’s autonomy; and had no factual basis for
declaring a state of emergency.

It was held that the former President’s issuance was pursuant to her calling
out power as commander-in-chief in accordance with Section 18, Article 7 of
the 1987 Constitution. Former President GMA validly exercised her
emergency powers. Further, the President’s right to exercise her emergency
powers rests solely on her wisdom, based on intelligence reports/information,
and the situation present in the ARMM region (the rivalry between the
Ampatuan and Mangudadatu clans).

Relevant Issue/s: W/N former President GMA invalidly exercised

emergency powers when she called out the AFP and the PNP to prevent and
suppress all incidents of lawless violence in the provinces of Maguindanao,
Sultan Kudarat, and Cotabato City.

Holding: No, in accordance with Section 18, Article 7 of the 1987

Constitution, as commander-in-chief, former President GMA has the calling
out power. Therefore, she validly exercised her emergency powers when she
directed the AFP and the PNP to prevent and suppress all incidents of lawless
violence in the three provinces mentioned.