commander-in-chief

• presidential powers: commander-in-chief powers

  • SEC. 18, ART. 7 = call out power: armed forces to suppress lawless violence
• presidential powers: commander-in-chief powers

  • SEC. 18, ART. 7 = suspension of privilege of the Writ of Habeas Corpus only in (a) time of rebellion or invasion, (b) when required by public safety
• presidential powers: commander-in-chief powers

  • SEC. 18, ART. 7 = martial law: does not suspend the Constitution
• commander-in-chief

  • SEC. 18, ART. 7 = the President shall be the Commander-in-Chief of all Armed Forces of the Philippines and whenever necessary, they may call out such Armed Forces to prevent or suppress lawless violence, invasion, or rebellion
• commander-in-chief

  • SEC. 18, ART. 7 = in case of invasion or rebellion, when the public safety requires it, they may, for a period not exceeding 60 days, suspend the privilege of the Writ of Habeas Corpus or place the PH or any part under Martial Law
• commander-in-chief

  • SEC. 18, ART. 7 = within 48 hours from the proclamation of Martial Law or the suspension of Writ of Habeas Corpus, the President shall submit a report in person or in writing to the Congress
• commander-in-chief

  • SEC. 18, ART. 7 = 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
• commander-in-chief

  • SEC. 18, ART. 7 = upon the initiative of the President, the Congress may extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persists and public safety requires it
• commander-in-chief

  • SEC. 18, ART. 7 = the Congress, within 24 hours following such proclamation or suspension, shall convene in accordance with its rules without needing any call.
• commander-in-chief

  • SEC. 18, ART. 7 = 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 of Habeas Corpus or the extension, and must promulgate its decision thereon within 30 days from its filing
• commander-in-chief

  • SEC. 18, ART. 7 = a state of Martial Law does not suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ
• commander-in-chief

  • SEC. 18, ART. 7 = the suspension of the privilege of the Writ shall apply only to persons judicially charged for rebellion or offenses inherent in or directly connected with the invasion
• commander-in-chief

  • SEC. 18, ART. 7 = during the suspension of the privilege of the Writ, any person arrested or detained shall be judicially charged within 3 days, otherwise they shall be released
• commander-in-chief

  • calling out powers = a police measure meant to quell disorder. as such, the Constitution does not regulate its exercise radically
• suspension of the privilege of the writ of habeas corpus: requisites

  • there must be an actual invasion or rebellion
• suspension of the privilege of the writ of habeas corpus: requisites

  • public safety requires it
• suspension of the privilege of the writ of habeas corpus: effects

  • SEC. 18, ART. 7 = the suspension applies only to persons judicially charged for rebellion or offenses inherently in or directly connected with invasion
• suspension of the privilege of the writ of habeas corpus: effects

  • SEC. 18, ART. 7 = during the suspension, any person arrested or detained shall be judicially charged within 3 days, otherwise they shall be released
• suspension of the privilege of the writ of habeas corpus: ways to be lifted

  • lifting of the President
• suspension of the privilege of the writ of habeas corpus: ways to be lifted

  • revocation by Congress
• suspension of the privilege of the writ of habeas corpus: ways to be lifted

  • nullification of the Supreme Court
• suspension of the privilege of the writ of habeas corpus: ways to be lifted

  • operation of law after 60 days
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = Congress may revoke the proclamation of Martial Law or suspension of the privileges of Writ of Habeas Corpus before the lapse of 60 from the date of suspension or proclamation
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = upon such proclamation or suspension, Congress shall convene at once. if it is not in session, it shall convene in accordance with its rules without a need of a call within 24 hours following the proclamation or suspension
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = within 48 hours from the proclamation or suspension, the President shall submit a report, in person or in writing, to the Congress. the Congress shall then vote jointly, by majority of all its members
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = the Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of (1) the proclamation of Martial Law or the suspension of the privilege of the Writ of Habeas Corpus
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = the Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of (2) the extension of such proclamation. it must promulgate its decision within 30 days from its filing
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = petition of Habeas Corpus: when a person is arrested without warrant for complicity in the rebellion or invasion, they, or someone in their behalf, have the standing to question the validity of the proclamation or suspension
• declaration of martial law and suspension of writ of habeas corpus: extension (role of the congress)

  • SEC. 18, ART. 7 = petition for Habeas Corpus: before the Supreme Court can decide on the legality of the detention, it must first pass upon validity of the proclamation or suspension