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Power As Commander in Chief
Power As Commander in Chief
COMMANDER-IN-CHIEF
Rodel A. Cruz
i. Military
Armed Forces of the Philippines (AFP)
Standing Force
Reserve Force
Civilian Supremacy Clause
Compulsory Military Service Clause
b. Legal basis
i. Commander-in-Chief Clause
1. Calling Out Powers
2. Suspension of the Privilege of the
Writ of Habeas Corpus
3. Declaring Martial Law
c. Requisites (continued)
ii. Suspension of the Privilege of the Writ of
Habeas Corpus and Martial Law Powers
1. There must be:
a. Invasion or
b. Rebellion
2. Public safety must require the exercise of
the power
3. Martial law must always co-exist with the
necessity it is supposed to address.
© 2010 Rodel Cruz
I. POWERS OF THE PRESIDENT AS
COMMANDER-IN-CHIEF OF ALL
ARMED FORCES
d. Checks on the powers
i. Calling Out
1. Showing of necessity and the presence of invasion,
rebellion or lawless violence
2. Judicial review
ii. Suspension of the Privilege of the Writ of Habeas Corpus
and Martial Law
1. There must be invasion or rebellion
2. Public safety must require it
3. Period of the suspension must be only for 60 days,
unless Congress extends it if the invasion or rebellion
shall persist and public safety requires
© 2010 Rodel Cruz
I. POWERS OF THE PRESIDENT AS
COMMANDER-IN-CHIEF OF ALL
ARMED FORCES
4. The President must submit a report to Congress in
person or in writing within 48 hours from the
declaration of martial law or suspension of the
privilege of the writ of habeas corpus
5. 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
6. Judicial review may determine the sufficiency of
the factual basis of the exercise of the power
e. Historical antecedents
i. In 1972, President Marcos issued Proclamation 1081
placing the entire country under Martial Law
ii. In 2001, President Arroyo declared a State of Rebellion
following “EDSA 3”
iii. In 2003, President Arroyo declared a State of
Rebellion following the “Oakwood Mutiny”
© 2010 Rodel Cruz
I. POWERS OF THE PRESIDENT AS
COMMANDER-IN-CHIEF OF ALL
ARMED FORCES
a. Legal basis
The power to conduct war is a necessary
incident of the power to conduct foreign
relations lodged with the Chief Executive
under the “Sole Organ” Doctrine.
b. Requisites
Generally, the exercise of the power is not
preconditioned on the existence of any
requisites
© 2010 Rodel Cruz
II. POWER OF THE PRESIDENT
TO CONDUCT WAR
d. Historical Antecedents
i. The Revolutionary Government & US-Philippine War
ii. World War I and the Philippine National Guards
iii. World War II and the Philippine Commonwealth
iv. The Korean War and Philippine Army Battalion Combat
Teams under PEFTOK
v. The Vietnam War and the AFP Engineers (PHILCAG)
vi. RP peacekeeping missions under UN
vii. US Antecedents
ii. Requisites
1. Congress must enact an “emergency powers”
legislation
2. In other cases, the President’s declaration of a
state of national emergency will call into operation
“emergency clauses” of existing laws
ii. Requisites
1. Authority from Congress
2. National emergency
3. Public interest
4. Subject to such reasonable terms which the State may
prescribe
5. Defined period for effectivity
6. Subject of the take-over must be a business affected
with public interest
i. Legal basis
1. Appointment Clause
2. Extension of the tour of duty of the Chief
of Staff
3. Appointment Powers under the
Administrative Code
4. Commander-in-Chief Clause
5. Reorganization powers
© 2010 Rodel Cruz
IV. POWERS OF THE
PRESIDENT
ANCILLARY TO BEING
COMMANDER-IN-CHIEF
ii. Requisites
1. There must be a vacancy
2. Appointing authority must have the
power to appoint and the appointee must
be qualified to assume the post
3. Reorganization guided by imperatives of
simplicity, economy and efficiency
i. Legal basis
1. Control Clause
2. Faithful Execution Clause
3. Deputation Clause under the
Constitutional provisions on the
COMELEC
4. “Protector of the Peace” Powers
Later Abuses
Warrantless arrests
Unlawful searches & seizures
Chilling effect
Muzzling the press
Curtailment of freedom of assembly &
expression
Confiscatory acts against private business
© 2010 Rodel Cruz
VI. RECOMMENDATIONS