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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 Jurisprudence

Practice question

Congress does not revoke a martial-law proclamation. A citizen then files the appropriate proceeding asking the Supreme Court to review the sufficiency of its factual basis. The executive argues that congressional nonrevocation bars review and permits the Court to wait indefinitely. Which response follows Section 18 and Lagman?
  1. Congressional nonrevocation conclusively establishes constitutionality
  2. Only members of Congress may file the special proceeding
  3. The Court's factual-basis review is independent of congressional revocation and its decision must issue within thirty days from filing
  4. The Court can act only after Congress asks it to do so
  5. No constitutional decision period governs

Legal references

  • 1987 Constitution, Article VII, Section 18: https://lawphil.net/consti/cons1987.html
  • Lagman v. Medialdea, G.R. Nos. 231658, 231771 and 231774, July 4, 2017, main opinion: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/67591

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