Aquino v. Enrile (G.R. No. L-35546, September 17, 1974, 59 SCRA 183 ))”>edit]
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing.
In case of invasion or rebellion, and only when the public safety requires it, the President may suspend the privilege of the writ of habeas corpus, or place the Philippines or any part thereof under martial law, but:
Duterte: Privilege of the writ of habeas corpus suspended in Mindanao
MANILA – President Rodrigo Duterte on Wednesday said the writ of habeas corpus has been suspended in Mindanao, where he had declared martial rule following clashes between government troops and the terror Maute group.
Proclamation No. 1959 did not only place the Province of Mindanao under martial law but also it suspended the privilege of the writ of habeas corpus in the said place. This article aims to explain in the most common understanding what the “suspension of the privilege of the writ of habeas corpus” is all about under the Philippine laws.
Supreme Court Associate Justice Marvic Leonen said on Wednesday that the blanket arrest orders of the government effectively expanded the scope of martial law and the suspension of the writ of habeas corpus. The STAR-File
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We welcome the approval of both houses of Congress to extend the proclamation of martial law and the suspension of the privilege of the writ of habeas corpus in the whole of Mindanao beginning January 1, 2018 until December 31, 2018.
MANILA, Philippines (UPDATED) – The Consultative Committee (Con-Com) formed by President Rodrigo Duterte to amend the constitution wants to add another basis by which a president can declare martial law.
Philippines: Martial Law Threatens Escalation of Abuses
The Constitution also provides some important due process protections during martial law, Human Rights Watch said. A state of martial law does not suspend the Constitution, nor replace the functioning of the civil courts or Congress. It only permits military courts to try civilians when civil courts are unable to function. Suspension of habeas corpus applies only to people judicially charged for rebellion or offenses linked to invasion, and those arrested or detained must still be charged by the courts within three days or be released.