IBP VS ZAMORA

Posted by kaye lee on 11:27 PM

G.R. No. 141284 August 15 2000 [Judicial Review; Civilian supremacy clause]

FACTS:
Invoking his powers as Commander-in-Chief under Sec 18, Art. VII of the Constitution, President
Estrada, in verbal directive, directed the AFP Chief of Staff and PNP Chief to coordinate with each
other for the proper deployment and campaign for a temporary period only. The IBP questioned the
validity of the deployment and utilization of the Marines to assist the PNP in law enforcement.

ISSUE:
1. WoN the President's factual determination of the necessity of calling the armed forces is subject to
judicial review.
2. WoN the calling of AFP to assist the PNP in joint visibility patrols violate the constitutional
provisions on civilian supremacy over the military.

RULING:
1. The power of judicial review is set forth in Section 1, Article VIII of the Constitution, to wit:
Section 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may
be established by law.
Judicial power includes the duty of the courts of justice to settle actual controversies involving rights
which are legally demandable and enforceable, and to determine whether or not there has been grave
abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.
When questions of constitutional significance are raised, the Court can exercise its power of judicial
review only if the following requisites are complied with, namely: (1) the existence of an actual and
appropriate case; (2) a personal and substantial interest of the party raising the constitutional question;
(3) the exercise of judicial review is pleaded at the earliest opportunity; and (4) the constitutional
question is the lis mota of the case.

2. The deployment of the Marines does not constitute a breach of the civilian supremacy clause. The
calling of the Marines in this case constitutes permissible use of military assets for civilian law
enforcement. The participation of the Marines in the conduct of joint visibility patrols is
appropriately circumscribed. It is their responsibility to direct and manage the deployment of the
Marines. It is, likewise, their duty to provide the necessary equipment to the Marines and render
logistical support to these soldiers. In view of the foregoing, it cannot be properly argued that military
authority is supreme over civilian authority. Moreover, the deployment of the Marines to assist the
PNP does not unmake the civilian character of the police force. Neither does it amount to an
“insidious incursion” of the military in the task of law enforcement in violation of Section 5(4),
Article XVI of the Constitution.
Categories: Constitutional Law 1

Source: http://skinnycases.blogspot.com/2013/10/ibp-vs-zamora.html