Group 4:

Darapa, Yusairah
Nedira,Johanna G .
Wee,Samantha Jean E.
MARTIAL LAW DECLARED
Whenever necessary or when the public safety is required to
prevent/suppress the following:

• LAWLESS VIOLENCE

• INVASION

• REBELLION

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MARTIAL LAW DECLARED
Where the President shall be the Commander-in-Chief of all
armed forces of the Philippines in which 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.

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EFFECT OF DECLARATION OF MARTIAL
LAW
• Suspension of the privilege of Writ of Habeas Corpus

Writ of Habeas Corpus

– “to produce the body”
– a court order demanding that a public official (such as a
warden) deliver an imprisoned individual to the court and
show a valid reason for that person's detention

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EFFECT OF DECLARATION OF MARTIAL
LAW
• Suspension of the privilege of Writ of Habeas Corpus
1. within 48 hours from the declaration of martial law of
suspension of writ of habeas corpus, the President shall
submit a report in person or in writing to the Congress.

2. 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.

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EFFECT OF DECLARATION OF MARTIAL
LAW
• Suspension of the privilege of Writ of Habeas Corpus
3. 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.

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EFFECT OF DECLARATION OF MARTIAL
LAW
• Suspension of the privilege of Writ of Habeas Corpus
4. 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.

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EFFECT OF DECLARATION OF MARTIAL
LAW
• Does not suspend the operation of Constitution
• Does not supplant/replace the functioning of civil
courts or legislative assemblies
• Does not authorize the conferment of jurisdiction
on military courts and agencies over civilians
where civil courts are able to function
• Does not automatically suspend the privilege of
the writ
“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.”
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EFFECT OF DECLARATION OF MARTIAL
LAW
• 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.

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 Philippines under Declaration of Martial Law
Enacted By Date Date Lifted Territorial Extent Legal Basis
Commenced
Gov. Gen. 8/30/1986 12/10/1989 Provinces of Manila, Official
Ramon Blanco Bulacan, Cavite, Proclamation
Pampanga, Tarlac, Laguna,
Batangas, and Nueva Ecija
For. Pres. Emilio 5/24/1898 6/23/1898 Nationwide Revolutionary
Aguinaldo Decree
For. Pres. Jose P. 9/23/1944 8/17/1945 Nationwide Proclamation
Laurel No. 29
For. Pres. 9/23/1972 1/17/1981 Nationwide Proclamation
Ferdinand E. No. 1081
Marcos, Sr.
For. Pres. Gloria 12/5/2009 12/13/2009 Province of Maguindanao Proclamation
Macapagal No. 1959
Arroyo
For. Pres. 5/23/2017 12/31/2019 Entire Mindanao Proc. No. 216
Rodrigo R.
Duterte
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Political Background in 1972 before FEM
declares Martial Law
• The rising disorder caused by increasingly violent
student demonstrations – Various Rallies

• the alleged threats of communist insurgency by the

new Communist Party of the Philippines (CPP)

• the Muslim separatist movement of the Moro National

Liberation Front (MNLF)

• Ambush of Juan Ponce Enrile on 9/22/1972

• Other terror bombing incidents/crimes

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During the Martial Law as declared by
FEM – The New Social Order

• Proclamation No. 1081 on 9/23/1972

• Martial Law Features (PLEDGES)
-reduce violent urban crimes, collect
unregistered firearms, and suppress
communist insurgency.
• Foreign Relations during the Marcos Era
-a series of important new concessions
were provided to foreign investors
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Martial Law Features (PLEDGES)

P – Peace and Order

L – Land Reform
E – Economic Development
D – Development of Moral Values
G – Government Reforms
E – Educational Reforms
S – Social Services

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Peace and Order
• The suspension of Writ of Habeas Corpus
• The arrest of anti-Marcos individuals
• Strict media censorship
• Rallies and demonstrations, public
meetings and assemblies, and labor
strikes are prohibited
• Curfew Time
• Travel Ban
• The surrender of firearms and other
explosives
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Reference
• The 1987 Philippine Constitution
• The 1987 Philippine Constitution
• https://www.findlaw.com/criminal/criminal-procedure/writ-of-habeas-
corpus.html
• https://www.britannica.com/place/Philippines/Martial-law
• https://www.officialgazette.gov.ph/featured/declaration-of-martial-law/
• https://en.wikipedia.org/wiki/Martial_law_in_the_Philippines

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