Title
Conditions for Arrest Orders in Martial Law
Law
Presidential Decree No. 1836
Decision Date
Jan 16, 1981
Presidential Decree No. 1836 establishes guidelines for the President of the Philippines to issue orders of arrest or commitment during martial law or suspension of habeas corpus, ensuring public safety and repelling threats to national security.

Questions (PRESIDENTIAL DECREE NO. 957)

The President must judge that the arrest or detention is required by public safety and is a means to repel or quell an invasion, insurrection, or rebellion, or imminent danger thereof.

The detention must be aimed at repelling or quelling an invasion, insurrection, or rebellion, or imminent danger of such threats.

The “judgment of the President” that the arrest or detention is required by public safety and as a means to repel or quell the specified threats.

The person shall not be released until so ordered by the President or his duly authorized representative.

The President or his duly authorized representative.

PD 1836 contemplates situations where the privilege of the writ of habeas corpus is suspended, during which the President may issue arrest or commitment orders.

It shall take effect immediately.

A state of martial law, or suspension of the privilege of the writ of habeas corpus.

They must be a means to repel or quell an invasion, insurrection or rebellion, or imminent danger thereof.

“Powers in me vested by the Constitution.”

Such representative may order the release of the detained person, consistent with Section 2.


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