12. IBP v.

Zamora:

a. What are the three graduated powers of the President under Sec. 18, Art. VII?
Differentiate them.

The President has three graduated powers under Sec. 18, Art. VII, to wit; (a) the
calling-out power; (b) the power to suspend the privilege of the writ of habeas corpus;
and (c)the power to declare martial law. The definition and differences are stated herein
below:

a) The calling-out power, as the first and most benign of the powers, need no
concurrence by the legislature nor subject to judicial review. When there is imminent
danger, the President as Chief-Executive is given full discretionary power to determine
the factual basis and need promptly act to prevent or suppress lawless violence through
calling out the armed forces.

b) The power to suspend the privilege of the writ of habeas corpus, as the lesser
benign of the powers, can be initially imposed within a period of not exceeding sixty
days. Within forty-eight hours from 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 of habeas corpus or the extension thereof, and must promulgate its decision thereon
within thirty days from its filing. The suspension of the privilege of the writ of habeas
corpus 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 of
habeas corpus, any person thus arrested or detained shall be judicially charged within
three days, otherwise he shall be released.

c) The power to declare martial law, as the least benign of the powers, have
similar requisites and effects as mentioned in the power to suspend the privilege of the
writ of habeas corpus. In addition, 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
of habeas corpus.

b. May the President validly order the Philippine Marines to join the PNP in visibility
patrols under the anti-criminality campaign of the government?
Yes, the President can validly order the Philippine Marines to join the PNP in visibility
patrols under the anti-criminality campaign of the government.

The law provides that the President, whenever it becomes necessary, may call out
such armed forces to prevent or suppress lawless violence, invasion or rebellion.

In this case, the calling of the Marines constitutes permissible use of military
assets for civilian law enforcement. The participation of the Marines in the conduct of
joint visibility patrols rendered nothing more than assistance to the PNP to prevent or
surpass lawless violence.

Thus, the President can validly order such.

c. Was the President exercising the calling-out power in this case?

Yes, the President exercised the calling-out power.

The law provides that the President, whenever it becomes necessary, may call out
such armed forces to prevent or suppress lawless violence, invasion or rebellion.

In this case, in view of the alarming increase in violent crimes in Metro Manila,
the act of the President in calling-out the PNP and the Marines to conduct joint visibility
patrols is necessary to prevent or suppress lawless violence.

Thus, the President exercised the calling-out power.