IBP v. ZamoraAug. 15 2000 Background information: There was a rash of bombings and robberies throughout Metro Manila.

To counter it, then President Joseph E. Estrada commanded the Marines to oin the P!P in "#isibilit$ patrols% around the Metro. These #isibilit$ patrols were referred to as Task &orce Tulungan, and were under the leadership of the Police 'hief of Metro Manila. (n compliance with presidential mandate, P!P 'hief of )taff formulated *etter of (nstructions +,-,+++ .*/(0 o The oint #isibilit$ patrols was meant to suppress crime and other threats to national securit$ and will be applied to eradicate high-profile crimes perpetrated b$ organi1ed crime s$ndicates o

2isibilit$ patrols are to be under the authorit$ of the P!P, not the militar$ 'ase at bar: )pecial 'i#il 3ction in the )upreme 'ourt. 'ertiorari and Prohibition The (BP pra$s for the issuance of a Temporar$ 4estraining /rder to nullif$ the President5s order of deplo$ing the Marines to help the P!P. The (BP argue that the deplo$ment is null and #oid because it5s unconstitutional because: o There is no Emergenc$ )ituation 6 (n derogation of 3rt ,, )ec. 7 of the 'onstitution o The deplo$ment is an insidious incursion b$ the militar$ into a ci#ilian function of go#ernment 6 (n derogation of 3rt 89, )ec. : of the 'onstitution o

The deplo$ment creates a dangerous tendenc$ to rel$ on the militar$ for ci#ilian go#ernment functions (BP sa$s that it has standing because it is the official organi1ation of &ilipino law$ers tasked with the "bounden dut$ to uphold the rule of law and the 'onstitution% The )olicitor ;eneral sa$s: o Petitioner has no legal standing o The <uestion of the Marines5 deplo$ment is a political <uestion and not proper for udicial scrutin$ o The organi1ation of Task &orce Tulungan does not #iolate the ci#ilian supremac$ clause of the 'onstitution

())=E): 8. >oes the petitioner ha#e legal standing? ,. (s the President5s factual determination of the necessit$ of calling the armed forces sub ect to udicial re#iew? 7. >oes the calling of the armed forces to assist the P!P in oint #isibilit$ patrols #iolate constitutional pro#isions

on ci#ilian supremac$? >E'()(/!: Petition is >()M())E> as being without merit @h$? 8.!o, the petitioner does !/T ha#e legal standing. (ts onl$ basis for legal standing is its "bounden dut$,% which is insufficient. o (t5s too generalA it5s an interest shared b$ the whole citi1enr$ and the (BP hasn5t sufficientl$ showed a "sufficient and substantial interest% in the resolution of the case o

(BP5s fundamental purpose is to "ele#ate the standards of the law profession and to impro#e the administration of ustice. That has !/TB(!; to do with the deplo$ment of Marines. o >espite the fact that the petitioner has no legal standing though, the 'ourt has decided to take cogni1ance of the issues raised, because of their transcendental significance and their seriousness, no#elt$, and weight as precedents, and because the issues will probabl$ not go awa$ until the$5#e been resol#ed. ,. The President has full discretion to call out the militar$ o The <uestion is a J=)T('(3B*E <uestion, and not a political oneA it in#ol#es a <uestion of legalit$ and not wisdom o The 'ourt cannot o#errule the President5s wisdomA it can onl$ determine whether or not he has committed an$ abuse of discretion .a capricious or whimsical eCercise of udgment that is patent and gross as to amount to an e#asion of positi#e dut$ or a #irtual refusal to perform a dut$ en oined b$ law0 o Petitioner has failed to show that the eCercise of that discretion was gra#el$ abused 7. The deplo$ment of the Marines is not a breach of the ci#ilian supremac$ clause o The pro#isions of the */( outline how the Marines will participate in the #isibilit$ patrols and what their limits are o The o#erall authorit$ here will alwa$s belong to the P!PA the Metro Manila Police 'hief is the o#erall leader of the P!P-Philippine Marines oint #isibilit$ patrols o Just because the Marines help the P!P doesn5t mean that the P!P will no longer be a ci#ilian institution )EP343TE /P(!(/!): Justice Puno -

The go#ernment5s attempt to use the "political <uestion% doctrine to keep the act from udicial scrutin$ could ha#e weakened the )upreme 'ourt5s checking authorit$ .a tongue-in-cheek reminder of Ja#ellana #s. ECecuti#e )ecretar$0 The 'onstitution deri#es its force from the PE/P*E The eCpress grant of power to the )upreme 'ourt to re#iew the factual bases used b$ the President in the suspension of the pri#ilege of the writ of habeas corpus and the declaration of martial law means that the court cannot sa$ no to the eCercise of its power because of the political <uestion doctrineA the "calling out% power ma$ be a lesser power, but it shouldn5t be left to the President5s absolute discretion The udiciar$ is the department which is charged with the special dut$ of determining the limitations which the law places upon all official actions. Justice 2itug The President5s ust asking the 3&P to help the P!PA it5s not a gra#e abuse of discretion, and it5s not enough of an issue to re<uire the )upreme 'ourt5s eCercise of udicial power