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The President is the Commander-in-Chief NOTE: Congress CANNOT extend the period
of the Armed Forces. motu propio.
a) Suspend the privilege of the writ of State of Martial Law does NOT:
habeas corpus; and
1 Suspend the operation of the Constitution.
b) Proclaim a state of martial law.
2 Supplant the functioning of the civil
Grounds for suspension of the privilege of courts or legislative assemblies.
the writ of habeas corpus and declaring
martial law; 3 Authorize conferment of jurisdiction on
A. Invasion military courts over civilians where civil
B. Rebellion courts are able to function and
C. Public safety requires it.
The invasion or rebellion must be ACTUAL and 4 Automatically suspend the privilege of the
not merely imminent. writ.
Limitations:
Suspension or proclamation is effective Application of Suspension of privilege of the
for only 60 days. writ:
Within 48 hours from the declaration or
suspension, the President must submit a Applies ONLY to persons judicially charged
report to Congress. for rebellion or offenses inherent in or
Congress, by majority vote and voting directly connected with invasion.
jointly, may revoke the same, and the
President cannot set aside the Anyone arrested or detained during
revocation. suspension must be charged within 3
In the same manner, at the President’s days. Otherwise he should be released.
initiative, Congress can extend the same for a
period determined by Congress if: Note: While the suspension of the privilege
of writ and the proclamation of martial law
Invasion or rebellion persist and is subject to judicial review, the actual use
by the President of the armed forces is
not. Thus, troop deployments in times of
war is subject to the President’s judgment
and discretion.