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Philippine Bar review · Question

Practice question: Power to Revoke or Extend Suspension of Privilege of Writ of Habeas Corpus or Declaration of Martial Law

Multiple Choice Hard

Practice question

An initial martial-law proclamation is approaching its sixty-day limit. The President asks Congress for an extension and supplies evidence that rebellion persists and public safety requires continuation. Congress, voting jointly, reaches a majority of all its members and fixes the extension period. Opponents claim the vote is invalid solely because it was not a two-thirds vote in each House separately. Assume the substantive factual conditions are established. Which answer is best?
  1. The objection succeeds because every extraordinary-power vote is separate
  2. The objection misstates Section 18, which allows extension in the same joint-majority manner as revocation upon the stated conditions
  3. The President may extend indefinitely without Congress
  4. The House alone may choose the period
  5. The courts have no review power over an extension

Legal references

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

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