04/02/2020
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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 of habeas corpus 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 of habeas corpus.
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.
During the suspension of the privilege of the writ of habeas corpus, any
person thus arrested or detained shall be judicially charged within three
days, otherwise he shall be released.
These are the well crafted commander-in-chief powers of the President. They
enumerate with exactitude the powers which the President should use in dealing
with rebellion. They are graduated in degrees. The strongest of these powers is the
power to declare martial law and worthy to note, its exercise is subject to restraints.
But more important, all these commander-in-chief powers can only be used to quell
the rebellion. They cannot be utilized to dismember the State or to create a state
within our State and hand it over to the MILF rebels.
In dealing with the MILF rebellion, the President may, however, opt not to
use force but negotiate peace with the MILF. Undoubtedly, the President as
Chief Executive can negotiate peace with rebels, like the MILF. Article VII, section 1
of the Constitution vests in the President the entire panoply of executive power, to
reach peace with rebels. But undoubtedly too, the exercise of executive power
to secure peace with rebels is limited by the Constitution.
All these are due to the preeminent principle that our government is fundamentally
one of limited and enumerated powers. As well stated in Angara v. Electoral
Commission,[44] viz:
But in the main, the Constitution has blocked out with deft strokes and in
bold lines, allotment of power to the executive, the legislative and the
judicial departments of the government. The overlapping and interlacing
of functions and duties between the several departments, however,
sometimes makes it hard to say just where the one leaves off and the
other begins. In times of social disquietude or political excitement, the
great landmarks of the Constitution are apt to be forgotten or marred, if
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