Aleezah Gertrude Regado

CONSTI NOTES

LAGMAN VS MEDIALDEA
ART 7
Section 18. 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. 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. 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. 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. 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, 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.

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 days from its filing.

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.

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.

During the suspension of the privilege of the writ, any person thus arrested or detained shall be judicially charged
within three days, otherwise he shall be released.
 Sui Generis – consti limits issue to sufficiency of factual basus of exercise by Chief executive of
his emergency powers
EXECUTIVE LEGISLATIVE JUDICIARY
 Extra –ordinary power  Imprimatur of  Merely determine sufficiency
to declare martial law proclamation 216 of factual basis of
and suspend privilege and not revoking proclamation of martial law or
of habeas corpus same suspension of privilege of
 President as writ of habeas corpus
commander in chief  Petition for certiorari
wields the extra- - Whether the respondent
ordinary powers of has committed grave
1.) Calling out the abuse of discretion
armed forces amounting to lack or
2.) Suspending the exces of jurisdiction not
privilege of writ of proper tool to determine
habeas corpus sufficiency of factual
3.) Declaring martial basis of proclamation or
law suspension
 Any citizen may challenge
sufficiency of factual basis of

Explanation of powers of
president
CALLING OUT POWER  May revoke proclamation  Court may strike down
- Power to call fully
discretionary to
president
- Only limitation : act
within permissible
constitutional
bounderies or in
manner that does not
constitute G.A.D
- Not subject to judicial
review
SUSPENDING WRIT OF  Could probe deeper and
HABEAS CORPUS AND
DECLARING MARTIAL LAW
Requisite:
1.) Actual invasion or
rebellion
2.) Public safety requires
it
Limits
1.) Time limit of 60 days
2.) Review and possible
revocation by
Congress
3.) Review and possible
nullification by SC
 Involve curtailment and
suppression of civil rights
and individual freedom, as
such their exercise
requires more stringent
safeguards by congress
and review by court
 Suspension of writ of
habeas only those
judicially charged with
rebellion or offenses
connected with invasion
Graduation refers only to
hierarchy based on scope and
effect. It does not in any manner
refer to sequence, arrangement
or order which Commander in
Chief must follow.
 Recommendation of Defense Secretary not condition. President’s power not subject to any
Aleezah Gertrude Regado
CONSTI NOTES
proclamation or suspension
Can exercise veto power to executtive’s extra-ordinary
power above mentioned
or suspension which presidential proclamation in
revocation shall not be an appropriate proceeding
set aside by the filed by any citizen on
president ground of lack of sufficient
basis
 Court considers only
further it can delve into information and data
accuracy of facts available to president
presented before it PRIOR to or at time of
declaration; not allowed to
undertake an independent
investigation beyond
pleadings
 Congress’ review power  Review power is passive
mechanism is automatic
in the sense that it may
be activated by congress
itself at any time after the
proclamation or
suspension was made
 Elimination of prior
concurrence in initial
imposition removed in
1987 consti
 According to Natividad :
if there is actual invasion
or rebellion there is a
need for immediate
response
BOTH can be exercised independent of each other;
may be exercised simultaneously
Congress must accord president
----- some leeway by no wading into
realm that is reserved
exclusively by constitution to
executive department
 Aleezah Gertrude Regado
CONSTI NOTES
condition except above requirements
 No need for court to determine the constitutionality of implementing and or operational guidelines,
general orders, arrest orders and other orders issued after the proclamation for being irrelevant to
its review
 Vagueness doctrine only applies to free speeches
 Nullification of 216 will not nullify 55 :IDEPENDENT OF EACH OTHER
 Operative fact applies
“Sufficiency of factual basis test”
- Determination of this court as to whether there is factual basis for the exercise of such,
must be based only on facts or information known by or available to the president at
time he made declaration or suspension., which facts or information are found in the
proclamation as well as written report submitted by him to congress
- As commander-in-chief, he has sole discretion to determine what to include in the
proclamation and written report taking into account the urgency of situation as well as
national security
- He cannot be forced to divulge intelligence reports and confidential information that
may prejudice operations and safety of the military.
- Determine based on totality of factual basis and not piecemeal or individually.
SUMMARY: Parameters of determining the sufficiency of factual basis are as follows:
1.) Actual rebellion or invasion
2.) Public safety requires it
3.) Probable cause for president to believe that there is actual rebellion or invasion,
BASIS FOR PRESIDENT : PROBABLE CAUSE
PROOF BEYOND REASONABLE DOUBT
CLEAR AND CONVINCING EVIDENCE
PREPONDERANCE OF EVIDENCE
SUBSTANTIAL EVIDENCE
PROBABLE CAUSE
 Counter evidence of petitioners derived solely from unverified news articles on internet with neither
authors nor sources shown to have affirmed contents thereof
 “Hearsay doctrine”
 Report by president indubitably shows presence of actual invasion or rebellion and that public safety
requires it.
WHY WHOLE MINDANAO?
 Matter of immobilizing potential internal enemies specially in areas like Mindanao
 Location of Marawi heart of Mindanao : Islamic City of Marawi
 Armed groups historically used provinces adjoining marawi as escape routes, supply lines and
backdoor passages
 Events not solely consentrated in Marawi City
 As a crime without predetermined bounds, the President has reasonable basis to believe hat
declaration of martial law and suspension of writ of habeas corpus in the whole Mindanao is most
necessary, effective and called for by the circumstances.