Making the "appropriate proceeding" appropriate: A proposal on rules of procedure pursuant to the inadequacy of the third paragraph of Article VII, Section 18 of the 1987 Constitution in light of the ruling and opinions in Lagman v. Medialdea
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2018
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Abstract
The President, as the Commander-in-Chief, has the emergency powers found under Article VII, Section 18 of the 1987 Constitution. In the said provision, the President, in case of invasion or rebellion, when public safety requires, may suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof under martial law. In relation thereto, Congress, voting jointly, may revoke the proclamation or suspension or shorten the period. Also, Congress may extend the same for as long as rebellion persists and public safety requires it. The Supreme Court is also tasked by the Constitution to review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial law or the suspension of the privilege of the writ or the extension thereof, and must promulgate its decision thereon within thirty days from its filing. Rep. Edcel Lagman, et al filed before the Supreme Court a petition questioning the sufficiency of factual basis of the declaration of martial law in Mindanao and the suspension of writ of habeas corpus made by President Rodrigo Duterte through Proclamation No. 216 on May 23, 2017. The said Petition was anchored on the abovementioned Constitutional provision. On July 4, 2017, the Court promulgated the controversial Lagman v. Medialdea decision penned by Justice Mariano C. Del Castillo. The decision was promulgated together with four dissenting opinions by Chief Justice Sereno, and Associate Justices Carpio, Leonen and Caguioa; six separate concurring opinions by Associate Justices Velasco, Leonardo-De Castro, Peralta, Mendoza, Reyes and Tijam; and four separate opinions by Associate Justices Bersamin, Perlas-Bernabe, Jardeleza and Martires. The eighty-two (82) paged decision exhaustively discussed both procedural and substantive issues surrounding the case. The Justices, however, have different legal opinions regarding several issues that bring about confusion on how the interpretation of the aforementioned provision should be interpreted, particularly on what is meant by appropriate proceeding in the third paragraph of Section 18 of Article VII. In this regard, this thesis shall focus on such procedural question entertained in the Lagman decision. What is, indeed, the coverage of the appropriate proceeding as stated in the third paragraph of Section 18 of Article VII of the Constitution. The researchers will resolve this issue after taking in consideration the arguments proffered by the different Justices of the Supreme Court. The respective opinions will be scrutinized in line with the textual evidence,
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| Authors | Panganiban, Princess Sarah G. |
| Journal | Malay Journal |
| Year | 2018 |
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| Keywords | Keywords not found |
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