SAFEGUARDS OF MARTIAL LAW

In Lagman v. Pimentel III,^[81] the Court discussed these safeguards to wit:

Nevertheless, cognizant of such possibility of abuse, the framers of the 1987 Constitution endeavored to institute a system of checks and balances to limit the President's exercise of the martial law and suspension powers, and to establish safeguards to protect civil liberties. Thus, pursuant to Section 18, Article VII of the 1987 Constitution:

(a) The President may declare martial law or suspend of the privilege of the writ of the privilege of habeas corpus only when there is an invasion or rebellion and public safety requires such declaration or suspension.

(b) The President's proclamation or suspension shall be for a period not exceeding 60 days.

(c) Within 48 hours from the proclamation or suspension, the President must submit a Report in person or in writing to Congress.

(d) The Congress, voting jointly and by a vote of at least a majority of all its Members, can revoke the proclamation or suspension.

(e) The President cannot set aside the Congress' revocation of his proclamation or suspension.

(f) The President cannot, by himself, extend his proclamation or suspension. He should ask the Congress' approval.

(g) Upon such initiative or request from the President, the Congress, voting jointly and by a vote of at least a majority of all its Members, can extend the proclamation or suspension for such period as it may determine.

(h) The extension of the proclamation or suspension shall only be approved when the invasion or rebellion persists and public safety requires it.

(i) The Supreme Court may review the sufficiency of the factual basis of the proclamation or suspension or the extension thereof, in an appropriate proceeding filed by any citizen.

(j) The Supreme Court must promulgate its decision within 30 days from the filing of the appropriate proceeding.

(k) Martial law does not suspend the operation of the Constitution.

Accordingly, the Bill of Rights remains effective under a state of martial law. Its implementers must adhere to the principle that civilian authority is supreme over the military and the armed forces is the protector of the people. They must also abide by the State's policy to value the dignity of every human person and guarantee full respect for human rights.

(l) Martial law does not 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.

(m) The suspension of the privilege of the writ applies only to persons judicially charged for rebellion or offenses inherent in or directly connected with invasion.

(n) Finally, during the suspension of the privilege of the writ, any person thus arrested or detained should be judicially charged within three days, otherwise he should be released.^[82]