State of Emergency and Declaration of War

The President, may upon the occurrence of an imminent danger, whether it is war, invasion, blockade, natural disaster or epidemics, as may threaten the country, or any part thereof or the safety or economy of the same, declare a state of emergency in the country, or in any part thereof, in accordance with this Constitution and the law.

The declaration of a state of emergency shall be submitted to the National Legislature within fifteen days of the issuance of the declaration. When the National Legislature is not in session, an emergency session shall be convened.

When the National Legislature approves the declaration of a state of emergency, all laws, orders or measures issued or taken by the President pursuant to the state of emergency shall continue to remain in force.

During a state of emergency, the President may, by law or orders, take any measures that shall not derogate from the provisions of this Constitution except as provided herein: (a) to suspend part of the Bill of Rights. However, there shall be no infringement on the right to life, prohibition against slavery, prohibition against torture, the right of non-discrimination on the basis of race, sex, religious creed, the right to litigation or the right to fair trial; (b) to dissolve or suspend the National Executive and/or the National Legislature; (c) to dissolve or suspend any of the state organs or suspend such powers conferred upon the states under this Constitution; and (d) to take any such measures as deemed necessary to the state of emergency, which shall have the force of law.

The duration of the measures relating to the state of emergency shall expire in the following cases: (a) lapse of thirty days as from the date of issuance of the declaration if the National Legislature does not approve by a resolution the extension of its duration; (b) lapse of the duration approved by the National Legislature; or (c) issuance of a declaration by the President lifting the state of emergency.

The President shall declare war whenever the country is under external aggression and such declaration shall be legal and enforceable subject to approval of the National Legislature by two-thirds of all the members.

The declaration of war shall be submitted to the National Legislature within seventy-two hours of the issuance of the declaration if the National Legislature is in session.

If the National Legislature is not in session, an emergency session shall be convened and the declaration shall be submitted within 14 days of its issuance.