- Photo by http://www.makati.gov.ph used here for non-commercial purposes
Under the present Constitution, the President can place the Philippines under martial law for a maximum period of only 60 days. The succeeding clauses after that provision, where the President is required, within 48 hours from the declaration of martial law, to report it to Congress, and Congress voting jointly, may revoke or extend it, are within the provision on the 60-day limit. Therefore, being within the provision setting a 60-day limit, Congress may extend it but is not allowed to extend it beyond the 60-day limit for that particular declaration. (just my opinion).
to illustrate: Let’s say that when the President reports it to Congress within 48 hours and Congress by majority vote [the Constitution says “voting jointly”. The math there is: House 240 members plus Senate 24 members is 264; majority vote of that is 133 votes (more or less depending on the number of House members right now)], Congress can choose not to revoke it but extend it, but only for 60 days or 58 days (subtract the 48 hours that had lapsed).
In other words, if the President wants another 60 days of martial law, he/she (i’m speaking hypothetically) has to re-declare it, go to Congress again, and jump the hoops again.
That is how elaborate and inordinate the present martial-law provision is; the President jumps through the hoops everytime he/she wants to extend it beyond the maximum allowed by Congress. And the Supreme Court under said provision still exercises the power of judicial review and can, in an appropriate case, review the “sufficiency of the factual basis” of the declaration of martial law, and where there is no factual basis, set it aside.
So elaborate and inordinate are the martial-law provisions under the 1987 Constitution that the only way that the President can perpetuate martial law is by way of what is commonly called: “self-coup”. That is, the Commander-in-Chief gets the cooperation of the military and the police, and then, forcibly take over Congress, the Supreme Court, the courts, mass media organizations, and other institutions of government.
Hey, i have to go to work. i’ll be back later, but this is it.
Here is the martial law provision.
Quote “1987 Constitution. Art. VII. 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.
Quote “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.
Quote “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.
Quote “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.
Quote “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.
Quote “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.”
