http://jlp-law.com/blog/declaration-state-rebellion-legal-superfluity/ Philippine laws and legal system (JLP-Law blog) Thu, 09 Feb 2012 19:27:09 +0000 hourly 1 http://wordpress.org/?v=3.3.1 http://jlp-law.com/blog/declaration-state-rebellion-legal-superfluity/comment-page-1/#comment-10417 The basis for the executive declaration of Curfew at Atty-at-Work Fri, 30 Nov 2007 02:21:25 +0000 http://jlp-law.com/blog/declaration-state-rebellion-legal-superfluity/#comment-10417 [...] The basis for the curfew during President Marcos’ time is the declaration of Martial Law, which, in turn, is premised on the Commander-in-Chief powers provided under the Constitution. I had the chance to note the “sequence” of “graduated powers” under the Commander-in-Chief power: The Commander-in-Chief powers of the President provides a “sequence” of “graduated powers”. From the most to the least benign, these Commander-in-Chief powers are: (1) the calling out power; (2) the power to suspend the privilege of the writ of habeas corpus; and (3) the power to declare martial law. In the exercise of the latter two powers, the Constitution requires the concurrence of two conditions, namely, an actual invasion or rebellion, and that public safety requires the exercise of such power. [...] [...] The basis for the curfew during President Marcos’ time is the declaration of Martial Law, which, in turn, is premised on the Commander-in-Chief powers provided under the Constitution. I had the chance to note the “sequence” of “graduated powers” under the Commander-in-Chief power: The Commander-in-Chief powers of the President provides a “sequence” of “graduated powers”. From the most to the least benign, these Commander-in-Chief powers are: (1) the calling out power; (2) the power to suspend the privilege of the writ of habeas corpus; and (3) the power to declare martial law. In the exercise of the latter two powers, the Constitution requires the concurrence of two conditions, namely, an actual invasion or rebellion, and that public safety requires the exercise of such power. [...]

]]> http://jlp-law.com/blog/declaration-state-rebellion-legal-superfluity/comment-page-1/#comment-73 Philippine e-Legal Forum » Blog Archive » Executive Department Sun, 01 Oct 2006 10:17:28 +0000 http://jlp-law.com/blog/declaration-state-rebellion-legal-superfluity/#comment-73 [...] 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. [...] [...] 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. [...]

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