29th May 2017

martial law

1.  Who can place the Philippines under martial law?

–  The President of the Philippines can place the Philippines under martial law.

 

2.  What areas of the Philippines can be placed under martial law?

–  Any part of the Philippines may be placed under martial law.

 

3.  What law empowers the President to declare martial law?

– Article VII, Section 18 of the 1987 Constitution grants the President the power to declare martial law.

 

4.  What is the basis of the declaration of martial law?

– There must be a) invasion or rebellion; and b) public safety requires martial law.

 

5.  How long is the declaration of martial law?

– The period of martial law must not exceed sixty (60) days, unless extended by Congress.

 

6.  What must the President do upon declaration of martial law?

– The President must, within forty-eight hours from the proclamation of martial law, submit a report in person or in writing to the Congress.

 

7.  What is the duty of Congress?

– The Congress, if not in session, shall, within twenty-four hours following such proclamation of martial law, convene in accordance with its rules without need of a call.

8.  Can Congress revoke the President’s declaration of martial law?

–  Yes, Congress voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation of martial law.

 

9.  Can the President ignore or set aside the revocation of the proclamation of martial law by Congress?

–  No, the President cannot set aside or ignore the revocation made by Congress.

 

10.  Can a citizen of the Philippines question the proclamation of martial law or any extension thereof?

– Yes, any Filipino citizen can question the sufficiency of the factual basis of the proclamation of martial law or any extension thereof before the Supreme Court.

 

11.  Does a state of martial law suspend the operation of the Constitution?

–  No, it does not.

 

12.  Does a state of martial law confer power to military courts and agencies?

– No.  A state of martial law does not authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.

 

13.  Does the declaration of martial law automatically suspend the privilege of the writ of habeas corpus?

–  No, it does not.

 

14.  If the privilege of the writ of habeas corpus is suspended, does it mean that the military can detain and arrest any person?

– No.  The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.  Even if a person is arrested or detained, he must be judicially charged within three days. Otherwise he shall be released.

 

 

Nicolas & De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 4706126, +632 4706130, +632 4016392 or e-mail us at info@ndvlaw.com .

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