Sanlakas v.

Executive Secreatry, 2004 – “Declaration of an existence of a state of

rebellion”

FACTS: Three hundred junior officers and enlisted men from the Armed Forces of the
Philippines staged a mutiny and subsequently, the President issued Proclamation No.
427 and Gen. Order No.4, both declaring a state of rebellion and called on the AFP to
suppress the rebellion.

ISSUE: Whether or not a declaration of a state of rebellion is required to call out the
armed forces.

RULING: No. For purposes of exercising the calling out power, the President is not
required to declare a state of rebellion. Section 18, Art VII of the constitution indicates
“...whenever it becomes necessary, he may call out the armed forces to prevent or suppress
lawless violence, invasion or rebellion.” The conditions “Actual invasion or rebellion” and
“Exercise of said power required ensuring public safety” must be present for the
President to exercise the power to suspend the writ of habeas corpus and declare
martial law, not in the calling out powers of the President.