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Unformatted text preview: tion of martial law? A: 1. 2. 3. 4. Lifting by the President himself Revocation by Congress Nullification by the SC By operation of law after 60 days (Sec. 18, Art. VII) POLITICAL LAW TEAM: ADVISER: ATTY. EDWIN REY SANDOVAL; SUBJECT HEAD: RACHEL MARIE L. FELICES; ASST. SUBJECT HEADS: WIVINO E. BRACERO II & HERAZEUS CHRISTINE Y. UY; MEMBERS: LAWRENCE PAULO H. AQUINO, LEANDRO RODEL V. ATIENZA, MARINETH EASTER AN D. AYOS, CARLO R. BALA, WILFREDO T. BONILLA, JR., KEEL ACHERNAR R. DINOY, APRIL V. ENRILE, KENNETH JAMES CARLO C. HIZON, JOSE MARIA G. MENDOZA, ROGER CHRISTOPHER R. REYES, ROMILINDA C. SIBAL, JASMIN M. SISON, ZARAH PATRICIA T. SUAREZ, RALPH JULIOUS L. VILLAMOR. EXECUTIVE DEPARTMENT Q: Is the actual use of the armed forces by the President subject to judicial review? A: No. While the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law is subject to judicial review, the actual use by the President of the armed forces is not. Thus, troop deployments in times of war are subject to the President’s judgment and discretion. (IBP v. Zamora, G.R. No. 141284, Aug. 15, 2000) Q: Are peace negotiations with rebel groups part of presidential power? A: Yes. The President’s power to conduct peace negotiations is implicitly included in her powers as Chief Executive and Commander‐in‐Chief. As Chief Executive, the President has the general responsibility to promote public peace, and as Commander‐in‐Chief, she has the more specific duty to prevent and suppress rebellion and lawless violence. (Province of North Cotabato v. Gov’t of the Republic of the Philippines Peace Panel on Ancestral Domain, G.R. No. 183591, Oct. 14, 2008). Q: May the President, in the exercise of peace negotiations, agree to pursue reforms that would require new legislation and constitutional amendments, or should the reforms be restricted only to those solutions which the present laws allow? A: If the President is to be expected to find means for bringing this conflict to an end...
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This document was uploaded on 03/12/2014.

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