1.    When a case would become moot and academic?


We have consistently ruled that a case becomes moot and academic when it "ceases to present a justiciable controversy by virtue of supervening events, so that a declaration thereon would be of no practical value."


2.    What are the parameters for determining the sufficiency of factual basis for the declaration of martial law and/or the suspension of the privilege of the writ of habeas corpus?


The parameters for determining the sufficiency of factual basis are as follows: 1) actual rebellion or invasion; 2) public safety requires it; the first two requirements must concur; and 3) there is probable cause for the President to believe that there is actual rebellion or invasion.


3.    When the President declares Martial law, may the court review the accuracy of the tactual basis of the President?


No. The phrase 'sufficiency of factual basis' in Section 18, Article VII of the Constitution should be understood as the only test for judicial review of the President's power to declare martial law and suspend the privilege of the writ of habeas corpus. Requiring the Court to determine the accuracy of the tactual basis of the President contravenes the Constitution as Section 18, Article VII only requires the Court to determine the sufficiency of the factual basis. Accuracy is not the same as sufficiency as the former requires a higher degree of standard.


4.    May the court invalidate the said declaration and/or suspension in view of the Falsities of and/or inaccuracies in some of the facts stated in the proclamation?


No. The Court's power to review is limited to the determination of whether the President in declaring martial law and suspending the privilege of the writ of habeas corpus had sufficient factual basis. Thus, our review would be limited to an examination on whether the President acted within the bounds set by the Constitution, i.e., whether the facts in his possession prior to and at the time of the declaration or suspension are sufficient for him to declare martial law or suspend the privilege of the writ of habeas corpus.

As the President is expected to decide quickly on whether there is a need to proclaim martial law even only on the basis of intelligence reports, it is irrelevant, for purposes of the Court's review, if subsequent events prove that the situation had not been accurately reported to him. After all, the Court's review is confined to the sufficiency, not accuracy, of the information at hand during the declaration or suspension; subsequent events do not have any bearing insofar as the Court's review is concerned.

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