8/18/2019 Sec 18-23

1/7

SEC. 18. The President shall be the Commander-in-Chief of all armedforces of the Philippines and whenever it becomes necessary, he may callout such armed forces to prevent or suppress lawless violence, invasion or rebellion. n case of invasion or rebellion, when the public safety re!uiresit, be rnay for a period not e"ceedin# si"ty suspend the privile#e of thewrit of habeas corpus or place the Philippines or any part thereof under

martial law. $ithin forty-ei#ht hours from the proclamation of martial lawor the suspension of the privile#e of the writ of habeas corpus, thePresident shall submit a report in person or in writin# to the Con#ress.The Con#ress, votin# %ointly by a vote of at least ma%ority of all its&embers in re#ular or special session, may revo'e such proclamation orsuspension, which revocation shall not be set aside by the President.(pon the initiative of the President, the Con#ress may, in the samemanner, e"tend such proclamation or suspension for a period to bedetermined by the Con#ress, if the invasion-er rebellion shall persist and

 public safety re!uires it. The Con#ress, if not in session, shall, withintwenty-four hours followin# such proclamation or suspension, convene inaccordance with its rules without need of a call. The Supreme Court may

review, in an appropriate proceedin# )led by any citi*en, the su+ciency of the factual basis of the proclamation of martial law or the suspension ofthe privile#e of the writ or the e"tension thereof and must promul#ateits decision thereon within thirty days from its )lin#. state of martiallaw does not suspend the operation of the Constitution, nor supplant thefunctionin# of the civil courts or le#islative assemblies, nor authori*e theconferment of %urisdiction on military courts and a#encies over civilianswhere civil courts are able to function, nor automatically suspend the

 privile#e of the writ. The suspension of the privile#e of the writ shallapply only to persons %udicially char#ed for rebellion or oenses inherentin or directly connected with invasion. /urin# the suspension of the

 privile#e of the writ, any person thus arrested or detained shall be %udicially char#ed within three days, otherwise he shall be released.

Military Power of the President

1) Powers to meet emergency situations-a. To call out the AFP to prevent or suppress lawless violence, meet the

threat of invasion or quell rebellionb. To suspen the privilege of writ of habeas corpusc. To eclare martial law

!) "ommaner-in-"hief of the Arme Forces- The Presient is mae the"ommaner-in-"hief of all AFP by the "onstitution. #e is given authority to

call out the AFP to prevent or suppress lawless violence, invasion or rebellion. This provision ensures the supremacy of the civil authorities over the militaryforces of the government. $Art. %%, &ec.')

Powers of the President as Commander-in-Chief of the Armed Forces

•  The Presient is not only a civil o(cial, he is also in a sense a military o(cer.

#e is not however a member of the arme forces therefore he is not subectto court martial or military iscipline

8/18/2019 Sec 18-23

2/7

8/18/2019 Sec 18-23

3/7

 

%n its strict sense

o %t is the law which has application when the military arm oes not

supersee civil authority but is calle upon to ai it in the eecution ofits vital functions

Basis, obect and duration of martial law

  6asis

o 5ne of the rights of sovereignty is to eclare, apply an eercise

martial lawo  The power is foune on necessity an is inherent in every

government

  5bect

o Preservation of the public safety an goo orer

 

uration

o 7ust not ecee beyon the eigency which it call forth or ecee 23

ays

!estrictions on the e"ercise of the two powers

   There must be actual invasion or rebellion an public safety requires the

proclamation or suspension

 

&hall not ecee 23 ays unless etene by the "ongress or as requeste

by the Presient but the "ongress will etermine the perio of the etension

 

 The Presient must submit a report in person or in writing to the "ongress

within 89 hours to guie the "ongress as to which action to tae, i.e.revocation or suspension

  "ongress must review the proclamation. The proclamation or suspension maybe revoe by maority vote of all the members of "ongress.

o %n case of etension the actions of both the Presient an the "ongress

may be subect to uicial review 

 The two powers cannot be eercise as a preventive measure, an invasion or

rebellion must alreay be eisting at the time of proclamation

   The e4ects of a state of martial law are clearly spelle out, to e:ne theetent of the martial law power

#$ects of a state of martial law

• 5peration of the "onstitution

o %t oes not suspen the operation of the "onstitution

o "ivilian authority is at all times supreme over the military

• Functions of civil courts an legislative assemblies

o %t oes not supersee the functioning of the civil courts or legislativeassemblies.

o 7artial law is eclare merely to assist the civil government, not to

replace it

•  ;urisiction of military courts or agencies

o "ivil authorities are not supersee by military authorities

o "ivil laws are not suspene

8/18/2019 Sec 18-23

4/7

o A person may not be arreste an etaine ine:nitely without court

orerso A civilian may not be trie by a military commission or court martiale

• Privilege of the writ of habeas corpus

o oes not automatically suspen the privilege of writ of habeas corpus

o Privilege continues to persons uner etention unless suspene by

the Presient, subect to the restrictions imposeo  The suspension shall only apply to persons uicially charge for

rebellion or o4enses inherent in or irectly connecte with invasiono Any person arreste or etaine must be uicially charge within

three ays otherwise he shall be release

SEC. 10. E"cept in cases of impeachment, or as otherwise provide d in thisConstitution, the President may #rant reprieves, commutations, and

 pardons, and r emit )nes and forfeitures, after conviction by )nal %ud#ment. e shall also have the power to #rant amnesty with theconcurrence of a ma%ority of all the &embers of the Con#ress.

Pardoning Power

•  Traitionally veste in Presient

• Practically without limitations

• +tens to all o4enses

Meaning of reprieve and suspension of sentence

 

8/18/2019 Sec 18-23

5/7

*. 7ay not be eercise over civil contempt+. %n case of violation of election law or rules an regulations, no paron, parole

or suspension of sentence may be grante without the recommenation ofthe "57+@+"

#$ects of pardon

(.

8/18/2019 Sec 18-23

6/7

would have the eect of increasin# the forei#n debt, and containin# othermatters as may be provided by law.

Authority to contract and guarantee foreign loans

 

+clusive eecutive function- The Presient may contract foreign loans on

behalf of the egotiation- The Presient has the sole authority to negotiate). Approval or rati:cation-no treaty or international agreement shall be vali

an e4ective unless concurre by at least !' of all members of the &enate

SEC. 22. he !resident shall submit to the Congress within thirty days rom theo"ening o every regular session# as the basis o the general a""ro"riations bill# abudget o e$"enditures and sources o %nancing# including recei"ts rom e$istingand "ro"osed revenue measures.

Budgetary power of the President

 

 The Presient is entruste by the "onstitution to prepare the buget receipts

an epenitures base on eisting an propose revenue measures another sources of :nancing an of submitting it to "ongress within '3 aysfrom the opening of each regular session.

8/18/2019 Sec 18-23

7/7

•  The buget submitte woul be the basis of the general appropriations act to

be enacte by the "ongress for the following year

SEC. 27. The President shall address the Con#ress at the openin# of itsre#ular session. e may also appear before it at any other time.

Prerogative to address and appear before Congress  At the opening of the regular session of "ongress, the Presient has the

opportunity to give information about the state of the nation an torecommen to the legislative boy such measures as he may eemnecessary an proper

•  The Presient may appear before the "ongress at any time he may choose

after the opening of its regular session