I.

Three Kinds of Martial Law Military Law -Exercised in both peace and war Military Government -Exercised in time of foreign war outside the State Martial Law sensu strictiore -Exercised in time of invasion or insurrection within the State -Exercised during rebellion within the State, maintaining adhesion to the National Government -Called into action by Congress -If Congress cannot be invited, the President calls it into action temporarily -The ordinary law no longer adequately secures public safety and private rights The law that has application when the military arm does not supersede civil authorities, but is called upon to aid it in the execution of its civil functions

-Exercised in time of rebellion and civil war inside the State, in districts occupied by rebels treated as belligerents Found in acts of Congress -Express of implied prescribing: sanction of Congress Rules -Superseding the local Articles of war law Government of national forces -Exercised by a military commander

Body of administrative laws created by Congress for the government of the army and navy as an organized force

-The principles governing the conduct of military forces in time of war -The principles governing the conduct of military forces in the government of occupied territory

II. Difference between 2nd and 3rd Type of Martial Law Military Government Takes the place of a suspended or destroyed sovereignty Martial Law sensu strictiore Takes the place of certain governmental agencies, which, for the time being, are unable to cope with existing conditions in a locality, but still remains subject to the sovereignty Public exigency, which may arise in time of war or peace Ceases when the district is sufficiently tranquil to permit the ordinary

The expulsion of the sovereignty theretofore existing, which is usually accomplished by military invasion Continues until a permanent sovereignty is again established in the

territory

agencies of government to cope with existing conditions Belongs in the field of civil rather than military law A branch of the public law of the State Its exercise is governed by the same fundamental principles of Constitutional right that apply when state exercises ordinary police power

III. Police Power v. Martial Law as police power Police power Normally a function of the legislature executed by the civilian executive arm Martial Law as police power Exercised by the executive with the aid of the military and in place of certain governmental agencies Authorizes the military to act vigorously for the maintenance of an orderly civil government Public safety is utmost concern

Public safety is utmost concern IV. 1972 Martial Law Proclamation 1081 General Order 1

General Oder 2 General Order 3

Placed the entire Philippines under Martial Law Marcos shall: Govern the nation Direct the operation of the entire government Exercise all the powers and prerogatives appurtenant and incident to his position as Commander-in-Chief Ordered the arrest of certain individuals Ordered all executive offices to continue to function under their present officers and employees, in accordance with existing laws -Ordered the judiciary to continue to function in accordance with its present organization and personnel, but removed certain cases from the jurisdiction of the courts Removed from the jurisdiction of the courts all cases involving the validity, legality, or constitutionality of Proclamation 1081 Marcos as a parallel legislative body to

General Order 3-A

Amendment No. 6

General Order 8 General Order 12 Presidential Decree 39

the legislature Authorized the Chief of Staff to create military tribunals Vesting military tribunals with jurisdiction exclusive of civil courts over crime related to Martial Law Provided for the Rules Governing the Creation, Composition, Jurisdiction, Procedure, and Other Matters Relevant to Military Tribunals

V. Jurisprudence under 1972 Martial Law Proclamation 1081 was validly made on the basis of an existing rebellion The imposition of Martial Law carried with it the suspension of the privilege of the writ of habeas corpus The Martial Law administrator could legislate on any matter related to the welfare of the nation The Martial Law administrator could create military tribunals and confer on them jurisdiction to try civilians for crimes related to the purpose of martial rule In the absence of any operative constituent body, the Martial Law administrator can propose amendments to the Constitution Claims of denial of a speedy trial were unavailing The suspension of the privilege of the writ of habeas corpus suspends the right to bail

VI. New Martial Law Doctrine 1935/1973 Constitution The privilege of the writ of habeas corpus could be suspended and Martial Law could be imposed when: (1) Invasion (1) Insurrection (1) Rebellion (1) Imminent danger thereof (2) When public safety requires it The President could suspend the privilege and impose Martial Law for an indefinite period of time and Congress had not power to curtail him or review his decision Supreme Court has no role 1987 Constitution The privilege of the writ of habeas corpus could be suspended and Martial Law could be imposed when: (1) Actual invasion (1) Actual rebellion (2) When public safety requires it The President may initially suspend the privilege and impose Martial Law for a period not exceeding 60 days and Congress determines the duration thereafter Supreme Court may review the sufficiency and factual basis of the suspension of the privilege and proclamation of Martial Law

VII. Effects of Imposition of Martial Law under the 1987 Constitution Does not: Suspend the operation of the Constitution Supplant the functioning of legislative authorities Supplant the functioning civil courts Authorize the conferment of jurisdiction on military courts over civilians where civil courts are able to function Automatically suspend the privilege of the writ of habeas corpus