POINTERS IN MARTIAL LAW

BARBA, NISHIKAWA, NERPIO

MARTIAL LAW AS AN EXERCISE OF POLICE POWER

Martial Law- is the power vested by the Constitution to the President as the Commander-
in-Chief of the military to call upon the armed forces. It is an exercise of police power solely
executed by the President with the aid of military to which its object is to insure public
safety whenever it becomes necessary.

GENERAL POWERS OF PRESIDENT COMMANDER-IN-CHIEF

Under Article VII, Section 18 of the 1987 Constitution, the President has the power to:

 Call out such armed forces to prevent or suppress lawless violence, invasion, or
rebellion;
 Suspend the privilege of writ of habeas corpus; and
 To place the Philippines or any part thereof under Martial Law.

ELEMENTS:

1. Actual invasion or Rebellion;

2. Public safety requires it; and
3. Probable cause to believe the existence of actual invasion or rebellion

CONSTITUTIONAL LIMITS

 It must not exceed the period of 60 days; subject to extension by Congress if

deemed necessary
 The power of review and revocation by the Congress; and
 The power of review and revocation by the Supreme Court.

CHECKS AND BALANCES

SUPREME COURT CONGRESS

The Supreme Court may strike down the The Congress may revoke the proclamation
declaration of the President in an made by the President which shall not be set
appropriate proceeding filed by any citizen aside by the President
on the ground of lack of sufficient basis.

In reviewing the sufficiency of the factual The Congress may take consideration not
basis of the declaration, the Supreme Court only the information and data available to
only considers information and data the President prior to but as well as events
available to the President prior to or at the supervening the declaration.
time of the declaration.

The power of the Supreme Court to review The power of the Congress to review is
only arises upon initiation of a proceeding by automatic at anytime after the declaration
filing a petition. of Martial Law is made.

R.A. 10368 - CREATION OF HUMAN RIGHTS VICTIMS’ CLAIMS BOARD

Human Rights Victims’ Board

 an independent and quasi-judicial body attached to the Commission on Human

Rights.
 primary purpose is to take cognizance and hear disputes involving those persons
considered as Human Rights Violation Victim (HRVV) during Marcos regime.

DOCTRINES OF CASES

 Conduct of plebiscite must be within the supervision of COMELEC as the the "exclusive"
charge to the "the enforcement and administration of all laws relative to the conduct of
elections." A department of the Government cannot “recognize” its own acts. –
Javellana v Executive Secretary

 In case of invasion, insurrection or rebellion or imminent danger thereof, the President

has, under the Constitution, three (3) courses of action open to him, namely: (a) to call
out the armed forces; (b) to suspend the privilege of the writ of habeas corpus; and (c)
to place the Philippines or any part thereof under martial law. – Lansang v Garcia

 The suspension of the privilege of the writ of habeas corpus does not destroy
petitioner's right and cause of action for damages for illegal arrest and detention and
other violations. What is suspended is merely the right of an individual to seek release
from detention through the writ of habeas corpus as a speedy means of obtaining his
liberty. – Aberca v Ver

 The only criterion is that "whenever it becomes necessary," the President may call the
armed forces to prevent or suppress lawless violence, invasion or rebellion." The
 implication is that the President is given full discretion and wide latitude in the exercise
of the power to call as compared to the two other powers. – IBP v Zamora

 In the exercise of calling out powers Commander-in-Chief of the Armed Forces, the
Constitution does not require the President to make a declaration of a “state of
Rebellion” or for that manner of lawless violence or invasion. – Lacson v Perez

 In the exercise of the latter two powers, the Constitution requires the concurrence of
two conditions, namely, (1) an actual invasion or rebellion, and (2) that public safety
requires the exercise of such power. Those conditions are not required in the exercise of
the calling out power. The only criterion is that 'whenever it becomes necessary,' the
President may call the armed forces 'to prevent or suppress lawless violence, invasion or
rebellion.'“- Sanlakas v Executive Secretary

 Circumstances that shows that the President declared martial law are: (a) arrests and
seizures without judicial warrants; (b) ban on public assemblies; (c) take-over of news
media and agencies and press censorship; and (d) issuance of Presidential Decrees, are
powers which can be exercised by the President as Commander-in-Chief only where
there is a valid declaration of Martial Law or suspension of the writ of habeas corpus.-
David v Macapagal Arroyo

• Although the Constitution reserves to the Supreme Court the power to review the
sufficiency of the factual basis of the proclamation or suspension in a proper suit, it is
implicit that the Court must allow Congress to exercise its own review powers, which is
automatic rather than initiated. Only when Congress defaults in its express duty to
defend the Constitution through such review should the Supreme Court step in as its
final rampart. The constitutional validity of the President’s proclamation of martial law
or suspension of the writ of habeas corpus is first a political question in the hands of
Congress before it becomes a justiciable one in the hands of the Court.- Fortun v Arroyo