Qwhatiscommutation a it is the reduction or

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Unformatted text preview: n of martial law? A: Martial law does not: 1. Suspend the operation of the Constitution; 2. Supplant the functioning of the civil courts or legislative assemblies; 3. Authorize conferment of jurisdiction over civilians where civil courts are able to function; Note: Also applies to the proclamation of martial law. Note: Civilians cannot be tried by military courts if the civil courts are open and functioning. (Olaguer v. Military Commission No. 34, G.R. No. L‐54558, May 22, 1987). Q: Is the right to bail impaired if the privilege of the writ of habeas corpus is suspended? A: The right to bail shall not be impaired even when the privilege of the writ of habeas corpus is suspended. (Sec. 13, Art. III, 1987 Constitution). Q: What are the limitations on the suspension of the privilege of writ of habeas corpus? A: Applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion; and 2. Anyone arrested or detained during suspension must be charged within 3 days. Otherwise, he should be released. Q: State the guidelines in the declaration of martial law. Duration: Not more than 60 days following which it shall be automatically lifted unless extended by Congress. Duty of the President to report to Congress: within 48 hours personally or in writing. Authority of Congress to revoke or extend the effectivity of proclamation: by majority vote of all of its members voting jointly. 4. Automatically suspend the privilege of the writ of habeas corpus. Note: When martial law is declared, no new powers are given to the President; no extension of arbitrary authority is recognized; no civil rights of individuals are suspended. The relation of the citizens to their State is unchanged. 1. A: 1. 2. 52 There must be an invasion or rebellion, and Public safety requires the proclamation of martial law all over the Philippines or any part thereof. Supreme Court cannot rule upon the correctness of the President’s actions but only upon its arbitrariness. Q: What are the ways to lift the proclama...
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