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IBP vs. ZAMORA
G.R. No. 141284, August 15, 2000
FACTS:
A special civil action for certiorari and prohibition with prayer for issuance of a temporary restraining order seeking to nullify the order of President Estrada, for commanding the deployment of the Philippine Marines to join the Philippine National Police in visibility patrols around the metropolis. 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 Phil. Marines to conduct the joint visibility patrols for the purpose of crime prevention and suppression. The Secretary of National Defense, the Chief of Staff of the Armed Forces of the Philippines, the PNP Chief and the Secretary of the Interior and Local Government were tasked to execute and implement the said order.
Subsequently, the President confirmed his previous directive on the deployment of the Marines in a Memorandum, dated 24 January 2000, addressed to the Chief of Staff of the AFP and the PNP Chief. The selected areas for deployment under the Memo are: Monumento Circle, North EDSA (SM City)), Araneta Shopping Center, Greenhills, SM Megamall, Makati Commercial Center, LRT/MRT Stations, Airports (NAIA and Domestic).
On 17 January 2000, IBP filed the instant petition to annul the Memo and to declare the deployment of the Philippine Marines, null and void.
ISSUES:
1. Whether or not the President committed grave abuse of discretion in issuing the assailed Memo. 2. Whether or not the deployment of Marines violates the Supremacy clause. 3. Whether or not the deployment of the Marines to assist the PNP unmakes the civilian character of the
police force and amounts to “insidious incursion” of the military in the task of law enforcement in violation of Section 5(4), Article XVI of the Constitution.
4. Whether or not petitioner has legal standing
HELD/RATIO
1. No • What IBP question is the basis for calling of the Marines under the foretasted provision.
According to them, no emergency exists that would justify the need for calling of the military to assist the police force.
• The court ruled in the negative saying that the power of the President involved may be no more than the maintenance of the general welfare.
• When the President calls the Armed Forces to prevent or suppress lawless violence, invasion or rebellion, he necessarily exercises discretionary power solely vested in his wisdom.
• The present petition fails to discharge such heavy burden as there is no evidence to support the assertion that there exists no justification for calling out the armed forces. There is, likewise, no evidence to support that the President acted with grave abuse of discretion.
2. No • The IBP asserts that by the deployment of the Marines, the civilian task of law enforcement is
“militarized in violation of Section 3, Article II of the Constitution. • The calling of the Marines in this case constitutes permissible use of military assets for civilian
law enforcement. • It is noteworthy that the local police forces are the ones in charge of the visibility patrols at all
times, the real authority belonging to the PNP. In fact, the Metro Manila Police Chief is the overall leader of the PNP-‐Phil. Marines joint visibility patrols.
3. No • The real authority in these operations, as started in the Memo, is lodged with the head of a
civilian institution, the PNP, and not with the military. • Further, since none of the Marines was incorporated or enlisted as members of the PNP, there
can be no appointment to a civilian position to speak of. • The Marines rendered nothing more than assistance required in conducting patrols. As much,
there can be no “insidious incursion” of the military in civilian affairs nor can there be a violation of the civilian supremacy clause in the constitution.
• Lastly, since the institution of the joint visibility patrol in January 2000, not a single has complained that his political or civil rights have been violated as a result of the deployment of the Marines.
4. The IBP has not sufficiently complied with the requisites of standings in this case • Apart from this declaration, however, the IBP asserts no other basis in support of its locus standi.
The mere invocation by the IBP of its duty to preserve the rule of law and nothing more, while undoubtedly true, is not sufficient to clothe it with standing in this case.
• In the case at bar, the IBP primarily anchors its standings on its alleged responsibility to uphold the rule of law and the constitution. This is to general an interest which is shared by other groups and the whole citizenry. Because peace and order are under constant threat and lawless violence occurs in increasing tempo, undoubtedly aggravated by the Mindanao insurgency problem, the legal controversy raised in the petition almost certainly will not go away. It will stare us in the face again. It, therefore, behooves the Court to relax the rules on the standing and to resolve the issue now, rather than later.
• Having stated the foregoing, it must be emphasized that this court has the discretion to take cognizance of a suit which does not satisfy the requirement of legal standing when paramount interest is involved.
THE COURT DISMISSED THE PETITIONS
Locus Standing or Locus standi has been defined as a personal and substantial interest in the case such that the party has sustained or will sustain direct injury as a result of the governmental act that is being challenged. The gist of the question of standing is whether or a party alleges such personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court depends for illumination of difficult constitutional questions.