Congress can revoke Martial Law by a majority vote, but the voting is by both houses jointly that is, the 24-member Senate (elected nationally) and the 297-member House of Representatives (elected by district and from party lists). The Memorandum from the Department of Defense about the implementation reiterated this constitutional provision and reminded the Armed Forces of the Philippines that in Mindanao “the rule of law and human rights should prevail.”ĭue to parliamentary arithmetic, one particular restriction introduced in 1987 is not relevant at this moment. 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. Section 18 of Article VII of the 1987 Constitution is explicit that Martial Law does not supplant the rest of the government:Ī 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 … The suspension of the privilege of the writ of habeas corpus shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.Any citizen can bring to the Supreme Court a case questioning the factual basis of the declaration.It is for 60 days (any extension requires Congressional approval).It’s worth reiterating here the current constitutional provisions on Martial Law, which-while allowing it in the case of invasion or rebellion-are meant to avoid the unfortunate experience of the past: Martial Law in the Philippines is now guided by the 1987 Constitution that was crafted after the 1986 overthrow of former president Ferdinand Marcos, who had declared Martial Law in 1972. President Duterte placed the entire island of Mindanao under Martial Law in response to the attacks of a local terror group. Publications – Reports, surveys, overviews.InAsia blog and podcast – Insight and analysis on Asia’s development.Program snapshots – Updates from Asia Foundation programs.News – Media coverage and news releases.Our Annual Report – Learn about our work.Emerging Issues Lab – Cross-cutting critical issues that warrant deeper investigation to inform our program strategies.What we do – Good governance, women’s empowerment and gender equality, inclusive economic growth, environment, and climate action, and regional and international relations.
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