The Night PBBM Feared for His Family | Martial Law | Or use his Calling Out Power. AttyBuenoexplains

The story revolves around a President who must confront a grave national emergency, wielding the Commander-in-Chief powers granted by Article VII, Section 18 of the 1987 Philippine Constitution.

The powers the President can use are graduated based on the severity of the threat:

1. Calling Out Power (Least Extreme):

Basis: The presence of lawless violence, invasion, or rebellion.

Action: The President may call out the armed forces (AFP) to prevent or suppress this chaos.

Effect: This is the most common use of the power, essentially utilizing the military to assist the police and civilian government in restoring order (e.g., deploying troops during massive protests, disaster relief, or to quell a local riot). It does not suspend civil liberties or the Constitution.

2. Suspension of the Writ of Habeas Corpus and/or Declaration of Martial Law (Most Extreme):

Basis: The situation must be an actual invasion or rebellion, and public safety must require it.

Suspension of the Writ: This allows the authorities to detain persons suspected of rebellion or invasion-related offenses without having to immediately bring them before a court. However, the arrested person must be judicially charged within three days, or else be released. The privilege of the writ of habeas corpus, a constitutional right, is what is suspended, not the entire Bill of Rights.

3. Martial Law: This is a comprehensive measure where the military assists the government in maintaining peace and order. Crucially, the 1987 Constitution imposes strict limits:

It does not suspend the Constitution or the Bill of Rights.

Civilian courts and the Congress must continue to function.

Its initial duration is limited to 60 days.

Within 48 hours, the President must submit a report to Congress.

Congress can revoke the proclamation, and the Supreme Court can review its factual basis.

The story's core conflict is the President moving through these tiers of power: starting with the initial use of the Calling Out Power to deal with protests and threats, then contemplating the ultimate, irreversible step of proclaiming Martial Law or suspending the Writ of Habeas Corpus to prevent a full-blown military coup or the country's collapse.