Insurrection act martial law10/30/2023 ![]() ![]() Pimentel III, 2 Congress is given the constitutional authority to extend the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus. 1 (emphasis supplied)Īs discussed in Lagman v. The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty clays from its filing. The Congress, if not in session, shall, within twenty-four hours following such proclamation or suspension, convene in accordance with its rules without need of a call. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. ![]() The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall not be set aside by the President. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. Section 18, Article VII of the 1987 Constitution, in pertinent part, states: The 1987 Constitution grants the Congress of the Philippines ( Congress, for brevity) the power to shorten or extend the President's proclamation of martial law or suspension of the privilege of the writ of habeas corpus. The Constitutional power to extend the period of martial law and suspension of privilege of writ of habeas corpus Time and again, the Court will serve as the penultimate safeguard on the powers of the two other co-equal branches of government.įor reasons discussed below, I vote to dismiss the petitions. from January 1 to Decemgranted by Congress upon the request of the President.Īs the Constitution remains supreme and ultimate, the Court will fervently abide by its duty to review the sufficiency of the factual basis for the extension of the proclamation of martial law and the suspension of the privilege of the writ of habeas corpus. ♦ Concurring Opinion, Perlas-Bernabe, Īgain, before the Court are several petitions assailing the extension of the period of martial law and the suspension of the privilege of the writ of habeas corpus in the entire Mindanao for one (1) more year, i.e.
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