Below are facts you need to know about martial law.
Q: When can martial law be declared?
- Section 18 of the 1987 Constitution provides that the President, the commander in chief of all armed forces of the Philippines, “may, for a period not exceeding 60 days, suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law” in case of invasion or rebellion, when the public safety requires it.
Q: What’s next after the declaration of martial law?
- Within 48 hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President should submit a report in person or in writing to Congress
Q: Can any institution question the 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 the proclamation or suspension.
- The Supreme Court, “in an appropriate proceeding filed by any citizen,” may also review the “sufficiency of the factual basis of the proclamation of martial law or the writ or the extension thereof.” The High Court should promulgate its decision within 30 days from the filing.
Q: Once martial law is declared, will the Constitution still apply?
- Yes. The declaration of martial law does not mean that the Constitution ceases to operate. Nor does a state of martial law “supplant the functioning of the civil courts or legislative assemblies, or authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function.” A state of martial law does not automatically suspend the “privilege of the writ.”
Q: Does the suspension of the privilege of the writ apply to all?
- No. 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 invasion.”
Q: Can a person who was arrested during the suspension of the privilege of the writ still be released?
- Yes. Any person arrested or detained during the suspension of the privilege of the writ shall be charged within three days. Otherwise, he or she shall be released.
