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Philippine Bar review · Question

Practice question: Declaration of Martial Law

Multiple Choice Hard

Practice question

The President validly declares martial law during actual rebellion requiring public-safety measures. A regional commander then orders Congress closed, civil courts shut despite their ability to function, and every constitutional right suspended until hostilities end. The commander argues that a valid factual basis for martial law validates all these consequences. Which is best?
  1. Every listed order follows automatically from martial law
  2. Validity of the declaration does not eliminate the express constitutional limits on its effects
  3. A valid rebellion finding converts the military into Congress
  4. The Constitution operates only when the commander permits it
  5. Closing courts cures any due-process concern

Legal references

  • 1987 Constitution, Article VII, Section 18: https://lawphil.net/consti/cons1987.html

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