Article 86
a. The President may, in consultation with the Speaker of the House of
Representatives and the President Pro Tempore of the Senate, proclaim and
declare and the existence of a state of emergency in the Republic or any part
thereof. Acting pursuant thereto, the President may suspend or affect certain
rights, freedoms and guarantees contained in this Constitution and exercise such
other emergency powers as may be necessary and appropriate to take care of the
emergency, subject, however, to the limitations contained in this Chapter.
b. A state of emergency may be declared only where there is a threat or outbreak
of war or where there is civil unrest affecting the existence, security or well-being
of the Republic amounting to a clear and present danger.
Article 87
a. Emergency powers do not include the power to suspend or abrogate the
Constitution, dissolve the Legislature, or suspend or dismiss the Judiciary; and no
constitutionals amendment shall be promulgated during a state of emergency.
Where the Legislature is not in session, it must be convened immediately in special
session and remain in session during the entire period of the state of emergency.
b. The writ of habeas corpus shall remain available and exercisable at all times
and shall not be suspended on account of any state of emergency. It shall be
enjoyed in the most free, easy, inexpensive, expeditious and ample manner. Any
person who suffers from a violation of this right may challenge such violation in a
court of competent jurisdiction.
Article 88
The President shall, immediately upon the declaration of a state of emergency, but
not later than seven days thereafter, lay before the Legislature at its regular
session or at a specially convened session, the facts and circumstances leading to
such declaration. The Legislature shall within seventy-two hours, by joint
resolution voted by two-thirds of the membership of each house, decide whether
the proclamation of a state of emergency is justified or whether the measures
taken thereunder are appropriate. If the two-thirds vote is not obtained, the
emergency automatically shall be revoked. Where the Legislature shall deem it
necessary to revoked the state of emergency or to modify the measures taken
thereunder, the President shall act accordingly and immediately carry out the
decisions of the Legislature.
CHAPTER X AUTONOMOUS PUBLIC COMMISSIONS
Article 89
The following Autonomous Public Commissions are hereby established:
A. CIVIL SERVICE COMMISSION;