INTEGRATED BAR V ZAMORA Vs
INTEGRATED BAR V ZAMORA Vs
INTEGRATED BAR V ZAMORA Vs
ZAMORA
Facts:
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.