Philippine Bar review · Question

Practice question: Calling Out Powers

Multiple Choice Medium Jurisprudence

Practice question

A valid calling-out order directs military assistance against lawless violence. An officer claims that the order itself automatically suspends the privilege of the writ of habeas corpus. Which response is best?
  1. Correct, every deployment suspends the privilege
  2. Correct, if the officer announces it publicly
  3. Correct, if local officials approve
  4. Correct, unless a newspaper objects
  5. Incorrect, calling out and suspension of the privilege are distinct powers with different conditions

Legal references

  • 1987 Constitution, Article VII, Section 18: https://lawphil.net/consti/cons1987.html
  • David v. Macapagal-Arroyo, G.R. No. 171396 and consolidated cases, May 3, 2006, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/41473

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