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Q: Differentiate The Judicial power to review and the Congressional power to revoke the

sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ of habeas corpus under Section 18, Article VII of the 1987 Constitution

A:

The judicial power to review Congressional power to


revoke
The Court may strike down the presidential Congress may revoke the proclamation or
proclamation in an appropriate proceeding suspension, which revocation shall not be
filed by any citizen on the ground of lack of set aside by the President.
sufficient factual basis.
In reviewing the sufficiency of the factual Congress may take into consideration not
basis of the proclamation or suspension, only data available prior to, but likewise
the Court considers only the information events supervening the declaration. Unlike
and data available to the President prior to the Court which does not look into the
or at the time of the declaration; it is not absolute correctness of the factual basis as
allowed td "undertake an independent will be discussed below, Congress could
investigation beyond the pleadings." probe deeper and further; it can delve into
the accuracy of the facts presented before
it.

the Court's review power is passive; it is Congress' review mechanism is automatic


only initiated by the filing of a petition "in in the sense that it may be activated by
an appropriate proceeding" by a citizen. Congress itself at any time after the
proclamation or suspension was made.