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Philip Sigfrid A. Fortun vs. Gloria Macapagal-Arroyo [DISSENTING OPINION, CARPIO, J]

PHILIP SIGFRID A. FORTUN AND ALBERT LEE G. ANGELES, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, AS COMMANDER-IN-CHIEF AND PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, EDUARDO ERMITA, EXECUTIVE SECRETARY, ARMED FORCES OF THE PHILIPPINES (AFP), OR ANY OF THEIR UNITS, PHILIPPINE NATIONAL POLICE (PNP), OR ANY OF THEIR UNITS, JOHN DOES AND JANE DOES ACTING UNDER THEIR DIRECTION AND CONTROL, RESPONDENTS. [G.R. NO. 190294] DIDAGEN P. DILANGALEN, PETITIONER, VS. EDUARDO R. ERMITA IN HIS CAPACITY AS EXECUTIVE SECRETARY, NORBERTO GONZALES IN HIS CAPACITY AS SECRETARY OF NATIONAL DEFENSE, RONALDO PUNO IN HIS CAPACITY AS SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, RESPONDENTS. [G.R. NO. 190301] NATIONAL UNION OF PEOPLE's LAWYERS (NUPL) SECRETARY GENERAL NERI JAVIER COLMENARES, BAYAN MUNA REPRESENTATIVE SATUR C. OCAMPO, GABRIELA WOMEN'S PARTY REPRESENTATIVE LIZA L. MAZA, ATTY. JULIUS GARCIA MATIBAG, ATTY. EPHRAIM B. CORTEZ, ATTY. JOBERT ILARDE PAHILGA, ATTY. VOLTAIRE B. AFRICA, BAGONG ALYANSANG MAKABAYAN (BAYAN) SECRETARY GENERAL RENATO M. REYES, JR. AND ANTHONY IAN CRUZ, PETITIONERS, VS. PRESIDENT GLORIA MACAPAGAL-ARROYO, EXECUTIVE SECRETARY EDUARDO R. ERMITA, ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF GENERAL VICTOR S. IBRADO, PHILIPPINE NATIONAL POLICE DIRECTOR GENERAL JESUS A. VERZOSA, DEPARTMENT OF JUSTICE SECRETARY AGNES VST DEVANADERA, ARMED FORCES OF THE PHILIPPINES EASTERN MINDANAO COMMAND CHIEF LIEUTENANT GENERAL RAYMUNDO B. FERRER, RESPONDENTS. [G.R. NO. 190302] JOSEPH NELSON Q. LOYOLA, PETITIONER, VS. HER EXCELLENCY PRESIDENT GLORIA MACAPAGAL-ARROYO, ARMED FORCES CHIEF OF STAFF GENERAL VICTOR IBRADO, PHILIPPINE NATIONAL POLICE (PNP), DIRECTOR GENERAL JESUS VERZOSA, EXECUTIVE SECRETARY EDUARDO ERMITA, RESPONDENTS. [G.R. NO. 190307] JOVITO R. SALONGA, RAUL C. PANGALANGAN, H. HARRY L. ROQUE, JR., JOEL R. BUTUYAN, EMILIO CAPULONG, FLORIN T. HILBAY, ROMEL R. BAGARES, DEXTER DONNE B. DIZON, ALLAN JONES F. LARDIZABAL AND GILBERT T. ANDRES, SUING AS TAXPAYERS AND AS CONCERNED FILIPINO CITIZENS, PETITIONERS, VS. GLORIA MACAPAGAL-ARROYO, IN HIS (SIC) CAPACITY AS PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, HON. EDUARDO ERMITA, JR., IN HIS CAPACITY AS EXECUTIVE SECRETARY, AND HON. ROLANDO ANDAYA IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF BUDGET AND MANAGEMENT, GENERAL VICTOR IBRADO, IN HIS CAPACITY AS ARMED FORCES OF THE PHILIPPINES CHIEF OF STAFF, DIRECTOR JESUS VERZOSA, IN HIS CAPACITY AS CHIEF OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190356] BAILENG S. MANTAWIL, DENGCO SABAN, ENGR. OCTOBER CHIO, AKBAYAN PARTY LIST REPRESENTATIVES WALDEN F. BELLO AND ANA THERESIA HONTIVEROS-BARAQUEL, LORETTA ANN P. ROSALES, MARVIC M.V.F. LEONEN, THEODORE O. TE AND IBARRA M. GUTIERREZ III, PETITIONERS, VS. THE EXECUTIVE SECRETARY, THE SECRETARY OF NATIONAL DEFENSE, THE SECRETARY OF JUSTICE, THE SECRETARY OF INTERIOR AND LOCAL GOVERNMENT, THE SECRETARY OF BUDGET AND MANAGEMENT, AND THE CHIEF OF STAFF OF THE ARMED FORCES OF THE PHILIPPINES, THE DIRECTOR GENERAL OF THE PHILIPPINE NATIONAL POLICE, RESPONDENTS. [G.R. NO. 190380] CHRISTIAN MONSOD AND CARLOS P. MEDINA, JR., PETITIONERS, VS. EDUARDO R. ERMITA, IN HIS CAPACITY AS EXECUTIVE SECRETARY, RESPONDENT.

G.R. No. 190293 and G.R. No. 190294 and G.R. No. 190301 and G.R. No. 190302 and G.R. No. 190307 and G.R. No. 190356 and G.R. No. 190380 | 2012-03-20

DISSENTING OPINION
 
CARPIO, J.:
 
I dissent.
 
The Cases
 
These are consolidated petitions for the writs of certiorari and prohibition challenging the constitutionality of Presidential Proclamation No. 1959, which declared a state of martial law and suspended the privilege of the writ of habeas corpus in the Province of Maguindanao, except for identified areas of the Moro Islamic Liberation Front.
 
The Antecedents
 
In the morning of 23 November 2009, fifty-seven (57) innocent civilians met their tragic and untimely death in a gruesome massacre unequaled in recent history,1 considered to be the...