EN BANC HON. EDUARDO ERMITA, in his capacity as SOUTHERN HEMISPHERE ENGAGEMENT G.R. No. 178552 Executive Secretary, NORBERTO GONZALES, NETWORK, INC., on behalf of the South- in his capacity as Acting Secretary of South Network (SSN) for Non-State Armed National Defense, HON. RAUL GONZALES, in Group Engagement, and ATTY. SOLIMAN M. Present: his capacity as Secretary of Justice, HON. SANTOS, JR., RONALDO PUNO, in his capacity as Secretary Petitioners, CORONA, C.J., of the Interior and Local Government, GEN. CARPIO, HERMOGENES ESPERON, in his capacity as CARPIO MORALES, AFP Chief of Staff, and DIRECTOR GENERAL - versus - VELASCO, JR., OSCAR CALDERON, in his capacity as PNP NACHURA, Chief of Staff, LEONARDO-DE CASTRO, Respondents. ANTI-TERRORISM COUNCIL, THE EXECUTIVE BRION, SECRETARY, THE SECRETARY OF JUSTICE, PERALTA, x ------------------------------------ x THE SECRETARY OF FOREIGN AFFAIRS, THE BERSAMIN, SECRETARY OF NATIONAL DEFENSE, THE DEL CASTILLO, SECRETARY OF THE INTERIOR AND LOCAL ABAD, BAGONG ALYANSANG MAKABAYAN GOVERNMENT, THE SECRETARY OF VILLARAMA, JR., (BAYAN), GENERAL ALLIANCE BINDING FINANCE, THE NATIONAL SECURITY PEREZ, WOMEN FOR REFORMS, INTEGRITY, ADVISER, THE CHIEF OF STAFF OF THE MENDOZA, and EQUALITY, LEADERSHIP AND ACTION ARMED FORCES OF THE PHILIPPINES, AND SERENO, JJ. (GABRIELA), KILUSANG MAGBUBUKID NG THE CHIEF OF THE PHILIPPINE NATIONAL PILIPINAS (KMP), MOVEMENT OF POLICE, CONCERNED CITIZENS FOR CIVIL LIBERTIES Respondents. (MCCCL), CONFEDERATION FOR UNITY, RECOGNITION AND ADVANCEMENT OF x ------------------------------- x GOVERNMENT EMPLOYEES (COURAGE), KALIPUNAN NG DAMAYANG MAHIHIRAP KILUSANG MAYO UNO (KMU), represented (KADAMAY), SOLIDARITY OF CAVITE by its Chairperson Elmer Labog, NATIONAL WORKERS, LEAGUE OF FILIPINO STUDENTS FEDERATION OF LABOR UNIONS-KILUSANG (LFS), ANAKBAYAN, PAMBANSANG LAKAS MAYO UNO (NAFLU-KMU), represented by NG KILUSANG MAMAMALAKAYA its National President Joselito V. Ustarez and (PAMALAKAYA), ALLIANCE OF CONCERNED Secretary General Antonio C. Pascual, and Promulgated: TEACHERS (ACT), MIGRANTE, HEALTH CENTER FOR TRADE UNION AND HUMAN ALLIANCE FOR DEMOCRACY (HEAD), RIGHTS, represented by its Executive October 5, 2010 AGHAM, TEOFISTO GUINGONA, JR., DR. Director Daisy Arago, BIENVENIDO LUMBERA, RENATO Petitioners, CONSTANTINO, JR., SISTER MARY JOHN G.R. No. 178554 MANANSAN OSB, DEAN CONSUELO PAZ, ATTY. JOSEFINA LICHAUCO, COL. GERRY - versus - CUNANAN (ret.), CARLITOS SIGUION-REYNA, G.R. No. 178581 DR. CAROLINA PAGADUAN-ARAULLO, 1 RENATO REYES, DANILO RAMOS, organizations: HUSTISYA, represented by EMERENCIANA DE LESUS, RITA BAUA, REY Evangeline Hernandez and also on her own CLARO CASAMBRE, behalf; DESAPARECIDOS, represented by Petitioners, Mary Guy Portajada and also on her own behalf, SAMAHAN NG MGA EX-DETAINEES LABAN SA DETENSYON AT PARA SA - versus - AMNESTIYA (SELDA), represented by Donato Continente and also on his own behalf, ECUMENICAL MOVEMENT FOR JUSTICE AND GLORIA MACAPAGAL-ARROYO, in her PEACE (EMJP), represented by Bishop Elmer capacity as President and Commander-in- M. Bolocon, UCCP, and PROMOTION OF Chief, EXECUTIVE SECRETARY EDUARDO CHURCH PEOPLE’S RESPONSE, represented ERMITA, DEPARTMENT OF JUSTICE by Fr. Gilbert Sabado, OCARM, SECRETARY RAUL GONZALES, DEPARTMENT Petitioners, OF FOREIGN AFFAIRS SECRETARY ALBERTO ROMULO, DEPARTMENT OF NATIONAL DEFENSE ACTING SECRETARY NORBERTO - versus - GONZALES, DEPARTMENT OF INTERIOR AND LOCAL GOVERNMENT SECRETARY RONALDO PUNO. DEPARTMENT OF FINANCE GLORIA MACAPAGAL-ARROYO, in her SECRETARY MARGARITO TEVES, NATIONAL capacity as President and Commander-in- SECURITY ADVISER NORBERTO GONZALES, Chief, EXECUTIVE SECRETARTY EDUARDO THE NATIONAL INTELLIGENCE ERMITA, DEPARTMENT OF JUSTICE COORDINATING AGENCY (NICA), THE SECRETARY RAUL GONZALEZ, DEPARTMENT NATIONAL BUREAU OF INVESTIGATION OF FOREIGN AFFAIRS SECRETARY ALBERTO (NBI), THE BUREAU OF IMMIGRATION, THE ROMULO, DEPARTMENT OF NATIONAL OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE DEFENSE ACTING SECRETARY NORBERTO SERVICE OF THE ARMED FORCES OF THE GONZALES, DEPARTMENT OF INTERIOR AND PHILIPPINES (ISAFP), THE ANTI-MONEY LOCAL GOVERNMENT SECRETARY RONALDO LAUNDERING COUNCIL (AMLC), THE PUNO, DEPARTMENT OF FINANCE PHILIPPINE CENTER ON TRANSNATIONAL SECRETARY MARGARITO TEVES, NATIONAL CRIME, THE CHIEF OF THE PHILIPPINE SECURITY ADVISER NORBERTO GONZALES, NATIONAL POLICE GEN. OSCAR CALDERON, THE NATIONAL INTELLIGENCE THE PNP, including its intelligence and COORDINATING AGENCY (NICA), THE investigative elements, AFP CHIEF GEN. NATIONAL BUREAU OF INVESTIGATION HERMOGENES ESPERON, (NBI), THE BUREAU OF IMMIGRATION, THE Respondents. OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE x ------------------------------------ x SERVICE OF THE ARMED FORCES OF THE KARAPATAN, ALLIANCE FOR THE PHILIPPINES (ISAFP), THE ANTI-MONEY ADVANCEMENT OF PEOPLE’S RIGHTS, LAUNDERING COUNCIL (AMLC), THE represented herein by Dr. Edelina de la Paz, PHILIPPINE CENTER ON TRANSNATIONAL and representing the following CRIME, THE CHIEF OF THE PHILIPPINE 2 NATIONAL POLICE GEN. OSCAR CALDERON, LEAGUE OF FILIPINO STUDENTS (LFS), THE PNP, including its intelligence and BAYAN MUNA-ST, KONGRESO NG MGA investigative elements, AFP CHIEF GEN. MAGBUBUKID PARA SA REPORMANG HERMOGENES ESPERON, AGRARYO KOMPRA, BIGKIS AT LAKAS NG Respondents. MGA KATUTUBO SA TIMOG KATAGALUGAN (BALATIK), SAMAHAN AT UGNAYAN NG x------------------------------------ x MGA MAGSASAKANG KABABAIHAN SA TIMOG KATAGALUGAN (SUMAMAKA-TK), THE INTEGRATED BAR OF THE PHILIPPINES STARTER, LOSÑOS RURAL POOR (IBP), represented by Atty. Feliciano M. ORGANIZATION FOR PROGRESS & Bautista, COUNSELS FOR THE DEFENSE EQUALITY, CHRISTIAN NIÑO LAJARA, OF LIBERTY(CODAL), SEN. MA. ANA TEODORO REYES, FRANCESCA B. CONSUELO A.S. MADRIGAL and FORMER TOLENTINO, JANNETTE E. BARRIENTOS, SENATORS SERGIO OSMEÑA III and OSCAR T. LAPIDA, JR., DELFIN DE CLARO, WIGBERTO E. TAÑADA, SALLY P. ASTRERA, ARNEL SEGUNE Petitioners, BELTRAN, Petitioners, - versus - - versus - EXECUTIVE SECRETARY EDUARDO ERMITA AND THE MEMBERS OF THE ANTI- G.R. No. 178890 GLORIA MACAPAGAL-ARROYO, in her TERRORISM COUNCIL (ATC), capacity as President and Commander-in- Respondents. Chief, EXECUTIVE SECRETARY EDUARDO ERMITA, DEPARTMENT OF JUSTICE x------------------------------------- x SECRETARY RAUL GONZALEZ, DEPARTMENT OF FOREIGN AFFAIRS SECRETARY ALBERTO BAGONG ALYANSANG MAKABAYAN- ROMULO, DEPARTMENT OF NATIONAL SOUTHERN TAGALOG (BAYAN-ST), DEFENSE ACTING SECRETARY NORBERTO GABRIELA-ST, KATIPUNAN NG MGA GONZALES, DEPARTMENT OF INTERIOR AND SAMAHYANG MAGSASAKA-TIMOG LOCAL GOVERNMEN T SECRETARY KATAGALUGAN (KASAMA-TK), MOVEMENT RONALDO PUNO, DEPARTMENT OF OF CONCERNED CITIZENS FOR CIVIL FINCANCE SECRETARY MARGARITO TEVES, LIBERTIES (MCCCL), PEOPLES MARTYRS, NATIONAL SECURITY ADVISER NORBERTO ANAKBAYAN-ST, PAMALAKAYA-ST, GONZALES, THE NATIONAL INTELLIGENCE CONFEDERATION FOR UNITY, RECOGNITION COORDINATING AGENCY (NICA), THE AND ADVANCEMENT OF GOVERNMENT NATIONAL BUREAU OF INVESTIGATION EMPLOYEES (COURAGE-ST), PAGKAKAISA’T (NBI), THE BUREAU OF IMMIGRATION, THE UGNAYAN NG MGA MAGBUBUKID SA OFFICE OF CIVIL DEFENSE, THE INTELLIGENCE LAGUNA (PUMALAG), SAMAHAN NG MGA SERVICE OF THE ARMED FORCES OF THE MAMAMAYAN SA TABING RILES (SMTR-ST), PHILIPPINES (ISAFP), THE ANTI-MONEY 3 LAUNDERING COUNCIL (AMLC), THE PHILIPPINE CENTER ON TRANSNATIONAL CRIME, THE CHIEF OF THE PHILIPPINE NATIONAL POLICE GEN. OSCAR CALDERON, THE PNP, including its intelligence and investigative elements, AFP CHIEF GEN. HERMOGENES ESPERON, Respondents. G.R. No. 179461 G.R. No. 179157 4 x--------------------------------------------------------------------------x D E C I S I O N CARPIO MORALES, J.: Before the Court are six petitions challenging the constitutionality of Republic Act No. 9372 (RA 9372), “An Act to Secure the State and Protect our People from Terrorism,” otherwise known as the Human Security Act of 2007,[1] signed into law on March 6, 2007. [2] Following the effectivity of RA 9372 on July 15, 2007, petitioner Southern Hemisphere Engagement Network, Inc., a non-government organization, and Atty. Soliman Santos, Jr., a concerned citizen, taxpayer and lawyer, filed a petition for certiorari and prohibition on July 16, 2007 docketed as G.R. No. 178552. On even date, petitioners Kilusang Mayo Uno (KMU), National Federation of Labor Unions- Kilusang Mayo Uno (NAFLU-KMU), and Center for Trade Union and Human Rights [3] (CTUHR), represented by their respective officers who are also bringing the action in their capacity as citizens, filed a petition for certiorari and prohibition docketed as G.R. No. 178554. 5 The following day, July 17, 2007, organizations Bagong Alyansang Makabayan Bagong Alyansang Makabayan-Southern Tagalog (BAYAN-ST), other regional (BAYAN), General Alliance Binding Women for Reforms, Integrity, Equality, chapters and organizations mostly based in the Southern Tagalog Region,[7] and Leadership and Action (GABRIELA), Kilusang Magbubukid ng Pilipinas (KMP), individuals[8] followed suit by filing on September 19, 2007 a petition for certiorari Movement of Concerned Citizens for Civil Liberties (MCCCL), Confederation for and prohibition docketed as G.R. No. 179461 that replicates the allegations raised Unity, Recognition and Advancement of Government Employees (COURAGE), in the BAYAN petition in G.R. No. 178581. Kalipunan ng Damayang Mahihirap (KADAMAY), Solidarity of Cavite Workers (SCW), League of Filipino Students (LFS), Anakbayan, Pambansang Lakas ng Kilusang Impleaded as respondents in the various petitions are the Anti-Terrorism Mamamalakaya