CASE 2019-0002: REP. EDCEL C. LAGMAN, ET AL. VS. HON. SALVADOR C. MEDIALDEA, EXCECUTIVE SECRETARY, ET AL./BAYAN MUNA PARTY LIST REPRESENTATIVE CARLOS ISAGANI T. ZARATE, ET AL. VS. CONGRESS OF THE PHILIPPINES, ET AL./CHRISTIAN S. MONSOD, ET AL. VS. SENATE OF THE PHILIPPINES, ET AL./RIUS VALLE, ET AL. VS. SENATE OF THE PHILIPPINES, ET AL.(G.R. NO. 243522/G.R. NO. 243677/G.R. NO. 243745/G.R. NO. 243797. FEBRUARY 19, 2019, CARANDANG J.) (SUBJECT/S: MARTIAL LAW, FUNDAMENTAL CIVIL RIGHTS) (BRIEF TITLE: LAGMAN ET AL VS MEDIALDIA ET AL)

  

DISPOSITIVE:

  

“WHEREFORE, the Court FlNDS  sufficient factual bases for the  issuance of Resolution No. 6 of Both Houses  and DECLARES jt as CONSTITUTIONAL. Accordingly, the consolidated petitions are hereby DISMISSED.

 

SO ORDERED.”

  

SUBJECTS/DOCTRINES/DIGEST:

 

DOES DECLARATION OF MARTIAL LAW SUSPEND FUNDAMENTAL CIVIL RIGHTS?

 

 A declaration of martial law does not suspend fundamental civil rights of individuals as the Bill of Rights enshrined in the Constitution remain effective. Civil courts and legislative bodies remain open. While it is recognized that, in the declaration of martial law and the suspension of the privilege of the writ of habeas corpus, the powers given to officials tasked with its implementation are susceptible to abuses, these instances have already been taken into consideration when the pertinent provisions of martial law were drafted. Safeguards witliin the 1987 Constitution and existing laws are available to protect the ‘people from these abuses.

  

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SCD-2019-0002-REP. EDCEL C. LAGMAN, ET AL. VS. HON. SALVADOR C. MEDIALDEA ET AL. AND RELATED CASES 

 

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