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Chasing the Wind: Assessing Philippine Democracy
delete the required concurrence of the majority of the members of Congress
because in the case of actual invasion or rebellion, the President might be
hindered in effectively dealing with the crisis. This proposal was eventually
approved, in spite of a significant number of commissioners who opposed it.
Among those who opposed the proposal was the President of the Commission,
former Justice Munoz Palma. She said:
I am voting no because this has been a promise that I had personally made
during the time of the Marcos regime, the promise to the people that if ever the
Opposition comes to power, this will be one of the things that we will do; that is
to limit the power of the President in suspending the privilege of the writ of
habeas corpus and declaring martial law. (Records of the Constitutional
Commission, vol. 2 1986: 486)
After the decision not to require the concurrence of the majority of the
members of Congress for suspending the writ of habeas corpus and the
proclamation of martial law, the interpretation of “majority of the members of
Congress” required for their revocation was discussed by the Commission. It
turns out that the reference to “Congress” in this stipulation, the Commission
referred to a unicameral congress. However, after this proposed provision was
approved, the Commission modified the structure of congress and made it
bicameral—250 members of the House of Representatives elected by districts
and 24 senators elected nationally. In view of this change, Commissioner
Monsod proposed the amendment, to wit: “The Congress, by a vote of at least a
majority of all its members VOTING JOINTLY shall revoke” (Records of the
Constitutional Commission, vol. 2, 1986, 497). The reason offered for this
amendment is that since the concurrence of Congress is no longer required for
the suspension of the writ of habeas corpus and the proclamation of martial
law, its revocation should be vested with Congress in joint session. The
Commissioners who opposed the amendment argued that the two chambers
might disagree on their assessment about the factual bases of the Presidential
action which would lead to gridlock and virtually allow the President to
continue with martial law unchecked.
The revised provision of the 1987 Constitution is noteworthy. It has
addressed directly the unchecked power of the President to suspend the writ of
habeas corpus and proclaim martial law. The Constitution itself limits the
power of the President and protects Congress from being abolished. The
Constitution also empowers the Supreme Court to review the factual basis of
the proclamation of martial law or the suspension of the privilege of the writ of
habeas corpus. The other limitations of this power apply to the observance of
the privilege of the writ of habeas corpus in spite of its suspension (1987
Constitution of the Philippines, Article VII, Section 18).
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