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Unformatted text preview: ief, absolute authority over the persons and actions of the members of the armed forces. (Gudani v. Senga, G.R. No. 170165, Aug. 15, 2006) Note: By making the President the Commander‐in‐Chief of all the armed Calling‐out powers – Call the armed forces to prevent or suppress lawless violence, invasion, or rebellion. The only criterion for the exercise of this power is that whenever it becomes necessary. Suspension of the privilege of the writ of habeas corpus Note: A “writ of habeas corpus” is an order from the court commanding a detaining officer to inform the court if he has the person in custody, and what is his basis in detaining that person. The “privilege of the writ” is that portion of the writ requiring the detaining officer to show cause why he should not be tested. What is permitted to be suspended by the President is not the writ itself but its privilege. 4. He may proclaim martial law over the entire Philippines or any part thereof. ACADEMICS CHAIR: LESTER JAY ALAN E. FLORES II U N I V E R S I T Y O F S A N T O T O M A S VICE CHAIRS FOR ACADEMICS: KAREN JOY G. SABUGO & JOHN HENRY C. MENDOZA Facultad de Derecho Civil VICE CHAIR FOR ADMINISTRATION AND FINANCE: JEANELLE C. LEE VICE CHAIRS FOR LAY‐OUT AND DESIGN: EARL LOUIE M. MASACAYAN & THEENA C. MARTINEZ 51 UST GOLDEN NOTES 2011 Q: What are the requisites for the suspension of the privilege of the writ of habeas corpus? 3. A: 4.
2. There must be an invasion or rebellion Public safety requires the suspension 5. Note: The invasion and rebellion must be actual and not merely imminent. Q: Can the Supreme Court inquire into the factual basis of the suspension of the privilege of the writ of habeas corpus? A: Yes. The Supreme Court declared that it had the power to inquire into the factual basis of the suspension of the privilege of the writ and to annul the same if no legal ground could be established. Hence, the suspension of the privilege of the writ is no longer a political question to be resolved solely by the President. (Lansang v. Garcia, G.R. No. L‐33964, Dec. 11, 1971) Note: Once revoked by Congress, the President cannot set aside the revocation. Q: What are the limitations on the declaratio...
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