The Significance of the Graduated Military Powers of the President in the 1987

Constitution Within the Context of a Dysfunctional Philippine Political System

Introduction


With great power comes with great responsibility.

Every government should aim at securing peace and order within the country. There is no
progress of any kind unless there is peace and order in the country. It is, therefore, as much the
duty of the government to make adequate arrangements for the maintenance of peace and order
as it is the duty of citizens to cooperate with the government in such a work. The President has
been given the military power as to maintain peace and order assisted by the armed forces of the
Philippines. This is a special prerogative provided in the Constitution.

The Philippines acknowledges only four fundamental laws to have officially governed
the country since its independence in 1946: the 1935 Constitution, the 1973 Constitution, the
Freedom Constitution, and now, the 1987 Constitution.
1
This last and present Constitution was
drafted in the wake of the fall of the Marcos regime, and ratified and adopted in the desire for
stability and on the argument that it would restrict the powers of the Presidency.
2


This paper aims to find the significance of the graduated military powers of the President in the
1987 Constitution within the context of a dysfunctional Philippine Political System t needs
supplement



1
See CRUZ, note 15, at 9 (2002) cited at Philippine Law Journal
2
Ibid.
The Power of the Sword

Under section 18, Article VII
3
that the President shall be the Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary, he may call out such armed
forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or
rebellion, when the public safety requires it, he may, for a period not exceeding sixty days,
suspend the privilege of the writ of habeas corpus or place the Philippines or any part thereof
under martial law. Within forty-eight hours from the proclamation of martial law or the
suspension of the privilege of the writ of habeas corpus, the President shall submit a report in
person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority
of all its Members in regular or special session, may revoke such proclamation or suspension,
which revocation shall not be set aside by the President. Upon the initiative of the President, the
Congress may, in the same manner, extend such proclamation or suspension for a period to be
determined by the Congress, if the invasion or rebellion shall persist and public safety requires it.
The Congress, if not in session, shall, within twenty-four hours following such
proclamation or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by any citizen, the
sufficiency of the factual basis of the proclamation of martial law or the suspension of the
privilege of the writ or the extension thereof, and must promulgate its decision thereon within
thirty days from its filing.
A state of martial law does not suspend the operation of the Constitution, nor supplant the
functioning of the civil courts or legislative assemblies, nor authorize the conferment of
jurisdiction on military courts and agencies over civilians where civil courts are able to function,
nor automatically suspend the privilege of the writ.
The suspension of the privilege of the writ shall apply only to persons judicially charged
for rebellion or offenses inherent in or directly connected with invasion.
During the suspension of the privilege of the writ, any person thus arrested or detained shall be
judicially charged within three days, otherwise he shall be released.
From previous experiences, the 1987 Constitution

In the prevailing jurisprudence, it had ruled that military power

The powers of the President to call out the armed forces, to suspend the privilege of the
writ of habeas corpus, and to declare martial law, it nevertheless made several radical departures
from its predecessors. In not so many words, there are now several conditions, safeguards, and
checks-and-balances, provided for the imposition and continuation of martial law and of the
suspension of the privilege of the writ of habeas corpus under the present constitution, several of
which are not found in the preceding organic acts and previous constitutions.
4







3
1987 Philippine Constitution
4
Trivino and Pulma, Sheathing the Sword: RE-EXAMINING THE BREADTH AND BOUNDARIES OF THE MILITARY
POWERS OF THE PRESIDENT

The 1987 Constitution added numerous restrictions in the use of these powers. Other than
the limited grounds in which it may be exercised, it also provided for a specific period in which
any suspension of the writ or declaration of martial law may last, particularly sixty days.279 As a
third safeguard, the Constitution requires the President to submit a report to Congress within
forty-eight hours after such proclamation or suspension.280 In any event, Congress must
convene within twenty-four hours after such proclamation or suspension, without any need of
call. Fourth, Congress may revoke such proclamation or suspension by a mere majority of all its
members. On the other hand, it may be extended only by Congress, albeit upon the initiative of
the President, and any extension must itself be grounded upon the persistence of rebellion or
invasion and the public safety requirement.