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Tuesday, May 23, 2017

Prominent lawyer explains why President Duterte declared Martial law in Mindanao

Prominent lawyer explains why President Duterte declared Martial law in Mindanao
Atty. Trixie Cruz-Angeles  have shed light to the issue of the recent declaration of Martial Law in Mindanao.

Cruz-Angeles said that the president is allowed by the constitution to declare martial law in cases of invasion or rebellion when the public safety requires it.



Reports said that there is an ongoing clashes between the Maute group terrorists and government troops in Marawi City, thus it is within the parameter of the said declaration.

Here's the Facebook post of Atty. Trixie Cruz-Angeles:

What is martial law?

It is when the civilian law enforcement authority is supplanted by the military.

The president is allowed by the constitution to declare martial law in cases of invasion or rebellion when the public safety requires it.

After such declaration, the president shall report to Congress, personally or in writing.

Congress can convene within 48 hours to vote jointly by at least a majority of both Houses to revoke the declaration.

If the president initiates it, Congress, voting in the same manner may extend the declaration.

The declaration of martial law does not automatically suspend the writ of habeas corpus.



In another Facebook post, she clarified that Martial Law in Mindanao is different from the one declared by the late strongman Marcos.

Here's her post:

For those who will raise the Marcos bogeyman, please be informed that martial law under the 1987 constitution and the one that Marcos used are NOT the same. Congress cannot be abolished, and the privilege of the writ of habeas corpus can be suspended only for cases involving rebellion.

There are other safeguards. Congress may revoke the declaration after the President has reported it. And the Supreme Court may review the declaration if it has factual basis, and must render a decision within 30 days from the filing of the case.

This is not the same as Marcos' martial law.

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