SECRETARY OF JUSTICE
vs. LANTION
G.R. No. 139465, 18 January 2000
FACTS
In view of the alarming increase in violent crimes in Metro
Manila, like robberies, kidnappings and carnappings, the
President, in a verbal directive, ordered the PNP and the Marines
to conduct joint visibility patrols for the purpose of crime
prevention and suppression.
In compliance with the presidential mandate, the PNP Chief,
through Police Chief Superintendent Edgar B. Aglipay, formulated
Letter of Instruction 02/2000 (the "LOI") which detailed the
manner by which the joint visibility patrols, called Task Force
Tulungan, would be conducted.
FACTS
Invoking his powers as Commander-in-Chief under
Section 18, Article VII of the Constitution, the President
directed the AFP Chief of Staff and PNP Chief to coordinate
with each other for the proper deployment and utilization of
the Marines to assist the PNP in preventing or suppressing
criminal or lawless violence. The President declared that the
services of the Marines in the anti-crime campaign are merely
temporary in nature and for a reasonable period only, until
such time when the situation shall have improved.
FACTS
Subsequently, the Integrated Bar of the
Philippines (the "IBP") filed the instant petition to annul the
Letter of Instruction and to declare the deployment of the
Philippine Marines, null and void and unconstitutional.
ISSUE
Whether or not the President's factual
determination of the necessity of calling the armed
forces is subject to judicial review
RULING
No. The Supreme Court ruled that the President's
discretion in calling of the Armed Forces of the
Philippines is not subject to judicial review. The
Supreme Court said that when the President calls out
the armed forces to suppress lawless violence,
rebellion or invasion, which he necessarily exercises a
discretionary power solely vested in his wisdom.
RULING
The Court cannot overrule the President's discretion or
substitute its own. The only criterion is that "whenever it
becomes necessary", the President may call criterion is that
where exercise of the power, on-the-spot decisions may the
be necessary in emergency situations to avert great loss of
human lives and mass destruction of property. Indeed, the
decision to call out the armed forces the must be done
swiftly and decisively if it were to have any effect at all.
