Prof. Florin Hilbay: Martial Law in time of 1987 Constitution

Martial Law in time of 1987 Constitution: in the absence of a theater of war, there’s no need to impose Martial Law;
only military force may be exercised.

Professor Florin Hilbay, immediate past Solicitor General, argued before the Supreme Court against the extension of Martial Law in Mindanao, during oral hearings on 16 January 2018. He maintained that it is the constitutional duty of the Supreme Court to reassess the factual basis of the declaration of Martial Law in Mindanao, given that the objective of liberating Marawi City had been achieved last October, as declared by the President and the military.

Under questioning by Associate Justice Antonio Carpio, the Constitutional Law scholar argued that the intent of the country’s present Charter was “to go back to the old American understanding of Martial Law, which is to limit it to a theater of war,” citing Fr. Joaquin Bernas, one of the framers of the 1987 Constitution.

For a fuller report on the exchange with Justice Carpio you may go to the following link: