INSTRUCTIONS:

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3.

The President issued Proclamation No. 1018 placing the Philippines under Martial Law on the ground that a rebellion staged by lawless elements is endangering the public safety. Pursuant to the Proclamation, suspected rebels were arrested and detained and military tribunals were set up to try them. Robert dela Cruz, a citizen, filed with the Supreme Court a petition questioning the validity of Proclamation No. 1018.

1. Does Robert have a standing to challenge Proclamation No. 1018? Explain. 2.5%

2. In the same suit, the Solicitor General contends that under the Constitution, the President as Commander-in-Chief, determines whether the exigency has arisen requiring the exercise of his power to declare Martial Law and that his determination is conclusive upon the courts. How should the Supreme Court rule? 2.5%

3. The Solicitor General argues that, in any event, the determination of whether the rebellion poses dangers to public safety involves a question of fact and the Supreme Court is not a trier of facts. What should be the ruling of the Court? 2.5%

4. Finally, the Solicitor General maintains that the President reported to Congress such proclamation of Martial Law, but Congress did not revoke the proclamation. What is the effect of the inaction of Congress on the suit brought by Robert to the Supreme Court? 2.5%

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