1.

Inherent in a republican system- the idea of the supremacy of civilian authority, the highest of
such authority being the President, over the military has always been recognized in our
jurisdiction by implication from express provisions of the 1935 Constitution and by practice.
It is where an Army General will salute a Governor, Congressman and a Senator.
The chief of staff and the other generals of the Armed Forces of the Philippines will have to
salute their humble military subordinate as former Lt. Antonio Trillanes is now an Elected
Senator.
This salutary rule is prescribed in all republican regimes where sovereignty is supposed to
reside in the people, who exercise it through their elected and appointive representatives. It is
rejected in autocratic countries where the people are governed not by their sovereign will but
through the barrel of the gun.
2. The 1986 Constitutional Commission have included the provision as they felt the need for a
clear expression in their charter concerning the supremacy of the civilian authority over the
military at all times, particularly during periods of martial law or suspension of the privilege of
the writ of habeas corpus.

3. Section 18. COMMANDER-IN-CHIEF POWERS

1)
2)
a)
b)
c)
3)
a)
b)

The President is the Commander-in-Chief of the Armed Forces.

Whenever necessary, the President may call out the AFP to PREVENT or SUPPRESS:
Lawless violence;
Invasion; or
Rebellion.
The President may also:
Suspend the privilege of the writ of habeas corpus; and
Proclaim a state of martial law.

Within 48 hours after proclamation the president shall submit a report in person or in writing to
the congress.
Voting jointly of at least majority may revoke, suspend, extend such proclamation.
Extend if rebillion and invasion persist and the public safety requires it.
Supreme Court review:
The appropriate proceeding can be filed by any citizen.
The SC can review the FACTUAL BASIS of the proclamation or suspension.
Decision is promulgated within 30 days from filing.
Martial Law does NOT:
Suspend the operation of the Constitution.
Supplant the functioning of the civil courts or legislative assemblies.
Authorize conferment of jurisdiction on military courts over civilians where civil courts are able
to function and

Automatically suspend the privilege of the writ.

Suspension of privilege of the writ:
Applies ONLY to persons judicially charged for rebellion or offenses inherent in or directly
connected with invasion.
Anyone arrested or detained during suspension must be charged within 3 days. Otherwise he
should be released.
Note: While the suspension of the privilege of writ and the proclamation of martial law is subject
to judicial review, the actual use by the President of the armed forces is not. Thus, troop
deployments in times of war are subject to the Presidents judgment and discretion.
4. A safeguard against military dictatorship- a civilian, the President is the commander-i-chief of
all armed forces of the Philippines (Ibid)- the army, the navy, and the air force. As commander
in-chief, he issues orders to the armed forces. Even the appointment of their high-ranking
officers is vested in the President with the consent of the Commission on Appointments of
Congress. (Ibid., Sec. 16.) Along with Congress, the President determines the military budget
and defines the national policy on defense security.
Section 4 enunciates the first and foremost duty of the Government- to serve and protect the
people. The State fulfils this prime duty by pursuing and implementing the State Policies
mandated by the Constitution in Section 7 to 28. In both the 1935 and 1973 Constitutions ,the
defense of the State is the prime duty of the Government x x x This concept is considered
anachronistic. It was taken from the Constitution of the Spanish Republic.
The definition of a chain of command is an official hierarchy of authority that dictates who is
in charge of whom and of whom permission must be asked. An example of chain of
command is when an employee reports to a manager who reports to a senior manager who
reports to the vice president who reports to the CEO

The PNP chain of command forms a single line of authority so that a police officer is
answerable to his or her immediate superior, he said.
For example, a chief of police is answerable to his district director, who is answerable to his
regional director who is in turn answerable to the PNP chief.

In a military context, the chain of command is the line of authority and responsibility along
which orders are passed within a military unit and between different units. Orders are
transmitted down the chain of command, from a higher-ranked soldier, such as
a commissioned officer, to lower-ranked personnel who either execute the order personally or
transmit it down the chain as appropriate, until it is received by those expected to execute it.

In general, military personnel give orders only to those directly below them in the chain of
command and receive orders only from those directly above them.