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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

The President initiates an extension request and Congress uses the correct Section 18 voting procedure. However, the stipulated evidence establishes no persisting invasion or rebellion and no public-safety necessity. Supporters say correct voting alone conclusively validates the extension and makes factual-basis review unavailable. Which assessment is best?
  1. Procedure alone removes every substantive requirement.
  2. The extension remains subject to the constitutional factual conditions and the express Supreme Court factual-basis review.
  3. The President’s request is itself invasion.
  4. Only campaign popularity supplies the standard.
  5. An extension can never be reviewed because Congress voted.

Legal references

  • 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353 Article VII, Section 18.

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