Art. VII.

Executive Department

UNIVERSITY OF SOUTHERN MINDANAO

COLLEGE OF LAW
FIRST YEAR, 2022 – 2023

Art. VI, Sec. 18-19

(Commander-in-Chief Powers and the Power to
Grant Executive Clemency)
Section 18. 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 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 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, other
wise he shall be released.
 Commander-in Chief Powers
1. To call out the Armed Forces to suppress
violence
2. To suspend privilege of writ of habeas
corpus
3. To place the Philippine or any part under
Martial Law
4. Emergency powers granted by Congress for
specific purpose

Re: Power to declare the existence of a state

of war
 Province of Cotabato v. GRP, 568 SCRA 402 (2008)
 Does the President have the constitutional authority to conduct
peace negotiations with rebel groups like the MLF?
 Held: Yes. That the authority of the President to conduct peace
negotiations with rebel groups is not explicitly mentioned in the
Constitution does not mean that she has no such authority. The
President has unstated residual powers which are implied from the
grant of executive power and which are necessary for her to comply
with her duties under the Constitution. The powers of the President are
not limited to what are expressly enumerated in the article on the
Executive Department and in scattered provisions of the Constitution.
The President's power to conduct peace negotiations is implicitly
included in her powers as Chief Executive and Commander-in-Chief. As
Chief Executive, the President has the general responsibility to
promote public peace, and as Commander-in-Chief, she has the more
specific duty to prevent and suppress rebellion and lawless violence.
Peace, however, is rarely attained by simply pursuing a military
solution. Oftentimes, changes as far-reaching as a fundamental
reconfiguration of the nation's constitutional structure is required.
 1. Calling Out Power
 Lacson v. Perez, 357 SCRA 756 (2001)
 On May 1, 2001, after an attempt by Estrada Loyalists to
break into Malacañang, President Arroyo declared a “state of
rebellion” in the National Capital Region. Likewise, she ordered
the military and the police to suppress the rebellion in the
National Capital Region. Warrantless arrests of alleged leaders
of the rebellion were effected. May the Court look into the
factual basis of the exercise of the power by the President of
calling out the armed forces to suppress rebellion?
 Held: Yes. The factual necessity of calling out the armed
forces is not easily quantifiable and certain pertinent
information might be difficult to verify, or wholly unavailable to
the courts. In the exercise of the President’s power to call out
the armed forces, on the spot decisions may be imperatively
necessary in emergency situations. In a proper case, the Court
may look into the sufficiency of the factual basis of the exercise
of the power. However, it is no longer feasible because “the
state of rebellion” has been lifted.
 2. Martial Law
Proclamation No. 201
Now, therefore, I [RRD], President of the Republic of the Philippines,
by virtue of the powers vested in me by the Constitution and by
law, do hereby proclaim as follows:
Sec. 1. There is hereby declared a state of Martial Law in the
Mindanao group of islands, for a period not exceeding 60 days,
effective as to the date hereof;
Sec. 2. The privilege of the writ of habeas corpus shall likewise be
suspended in the aforesaid area for the duration of the state of
martial law.
Done in the Russian Federation, this 23rd day of May, 2017
What are the grounds for a declaration of martial law
and/or suspension of the privilege of the writ of habeas
corpus?

1. Rebellion
2. Invasion

(In either case, ONLY when public safety requires it.)

[1935 Constitution: “lawless violence, invasion,
insurrection or rebellion, or imminent danger thereof.)
Philippine Star, Aug. 10, 2016: “Panelo says drug
problem can make martial law valid”
Manila, Philippines– While other officials
dismissed President Rodrigo Duterte’s comment
about martial law as mere rhetoric, his chief
legal counsel said that the illegal drug problem
in the country may warrant a declaration of
martial law.
Chief Presidential Legal Counsel Salvador
Panelo said on Wednesday that the President
has “the right and duty to declare martial law
when the public safety requires it.”
CNN, May 4, 2020: “Panelo floats COVID-19
“invasion” as basis to declare martial law”

“There is an actual invasion of the coronavirus

disease, which is pandemic. It threatens, in fact
the entire country, so my actual na invasion,”
Panelo said.
 Effect of Declaration of Martial Law

A state of Martial Law does NOT:

1. Suspend the operation of the Constitution.
2. Supplant functioning of civil courts nor
confer jurisdiction on military tribunals over
civilians
3. Supplant the functioning of legislative
assemblies
4. Suspend the privilege of the writ of habeas
corpus
 3. Habeas Corpus

Habeas Corpus – A writ requiring a person

under arrest to be brought before a judge or
into court, especially to secure the person’s
release unless lawful grounds are shown for
their detention.

Art. III, 1987 Constitution: Section 15. The

privilege of the writ of habeas corpus shall not
be suspended except in cases of invasion or
rebellion, when the public safety requires it.
Rule 102, Rules of Court – (governs procedure)
Effect of suspension of the privilege of the Writ of
Habeas Corpus:
1. applies only to persons judicially charged for
rebellion or offenses inherent in or directly
connected with invasion.
2. any person thus arrested or detained shall be

judicially charged within three days, other

wise he shall be released
Meaning: Suspension does not authorize
indefinite detention without charge..
 2006, No. 1 (a) What do you mean by the
"Calling-out Power" of the President under
Section 18, Article VII of the Constitution? 5%
(b) On February 24, 2006, President Gloria
Macapagal-Arroyo issued Proclamation
No.1017 declaring a state of national
emergency. Is this Proclamation constitutional?
Explain. 2.5%
© During the effectivity of this Proclamation,
Gener, Lito, and Bong were arrested by the
police for acts of terrorism. Is the arrest legal?
Explain. 2.5%
Bar 2000, No. 17:What are the constitutional safeguards on the exercise of
the President’s power to proclaim martial law?
 1. Original period must not exceed 60 days

 2. Must submit a report to Congress within 48 hours

 3. Congress can revoke/annul proclamation by majority of all its members

voting jointly which may not be set aside by the President
 4. The Supreme Court can review the sufficiency of the factual basis upon
petition by any citizen
 5. The proclamation of martial law does not suspend the operation of the
Constitution
Questions arising from recent Martial Law cases:
1. To review the declaration of martial law or suspension of the writ, must
Congess meet in joint session? Padilla v. Congress, 832 SCRA 282 (2017)
 2. Should the scope of the proclamation have been limited by the President to
the place where actual rebellion was taking place?Lagman v. Executive
Secretary, 829 SCRA 1 (2017)
 3. In declaring Martial Law or suspending the privilege of the writ of habeas
corpus, what is the standard of proof that should guide the President?
 4. Is there a constitutional limit to the duration of an extension or the number
of extensions? Lagman v. Pimentel III, February 18, 2018
 Lagman v. Medialdea, G.R. No. 243522, Feb. 19, 2019
 On December 12, 2018, the Senate and the House of Representatives, in a
joint session, adopted Resolution No. 6, entitled "Declaring a State of Martial Law
and Suspending the Privilege of the Writ of Habeas Corpus in the Whole of
Mindanao for another period of one (1) year from January 1, 2018 to December
31, 2019." Can the extension be longer than the original period provided by the
Constitution, which is only 60 days?

 5. What powers may be exercised by the
President during Martial Law? Lagman v.
Executive Secretary, 829 SCRA 1 (2017). A
state of martial law does not suspend the
operation of the Constitution; therefore, it does
not suspend the principle of separation of
powers. During martial law, the President may
have the powers of a commanding general in a
theatre of war. In actual war when there is
fighting in an area, the President as the
commanding general has the authority to issue
orders which have the effect of law but strictly
in a theater of war.
 1997 Bar Question, No 14
1. (a) When may the privilege of the writ of habeas corpus be
suspended?
2. (b) If validly declared, what would be the full consequence
of suspension?

Bar 2000, No. 17. Declaring a rebellion, hostile groups have

opened and maintained armed conflicts on the islands of
Sulu and Basilan. Can the President place the two islands
under martial law?
 2019 Bar Exam: A.7.
 The continuing threat to the security of the State in various parts of the
country prompted the National Security Adviser of the President to adopt a
"Comprehensive National Security Strategy (CNSS)" with the following
components:
 Component 1: During a state of emergency, the President, in the exercise
of his power of general supervision, may delegate to the heads of local
government units (LGUs), through an administrative issuance, the power to
call-out the Armed Forces of the Philippines (AFP) for a more effective and
immediate response to the ground situation; and Component 2: In
declaring Martial Law, the President, in a preemptive action and without
waiting for the recommendation of the Secretary of National Defense and
the AFP, may rely upon any intelligence information he may have gathered
through other sources.
 Disturbed by the strategy’s supposed infirmities, a concerned citizens’
organization raised the constitutionality of the two (2) components of the
CNSS before the Supreme Court.
 (a) Is component 1 of the CNSS constitutional? Explain. (2.5%)
 (b) Is component 2 of the CNSS constitutional? Explain. (2.5%)
 [Based on Kulayan v. Tan, 675 SCRA 482 (2012)
Bar Exam, 2020/2021, No. 6. To contain the spread of the
virus, and in line with the World Health Organization’s
declaration of a pandemic, the President declared martial
law throughout the entire Philippine Archipelago. As an
additional justification, the Proclamation declaring martial
law cited the possibility that health protocols might not
be followed.
A law student filed a petition before the Supreme
Court questioning the sufficiency of the constitutional and
factual bases for the martial law declaration.
Does the law student have standing to file this action?
Explain briefly.
Bar Question, (November) 2022, No. 7:
After Martial Law was declared over Mindanao, police
officers arrested Maria without any warrant while
shopping for groceries at a supermarket in Mindanao.
Jose Maria questioned the validity of the arrest as he had
no pending case and he was not committing any crime at
the time of his arrest. The police officers countered that
the declaration of Martial Law suspended the privilege of
the writ of habeas corpus, and as a result, the could
effect warrantless arrests.

Is the contention of the police officers correct? Explain

briefly.
 Sec. 19. Except in cases of impeachment, or as
otherwise provided in this Constitution, the
President may grant reprieves, commutations,
and pardons, and remit fines and forfeitures,
after conviction by final judgment.
 He shall also have the power to grant amnesty
with the concurrence of a majority of all the
members of the Congress.

 Purpose of executive clemency?

 Kinds of Executive Clemency
1. Pardon – exempts offender from punishment
2. Commutation- reduction or mitigation of penalty

3. Reprieve –postponement of execution to another

date
4. Remission of Fines and Forfeitures
5. Amnesty – given to class of persons for political
offenses, with the concurrence of Congress
 LIMITATIONS ON EXECUTIVE
CLEMENCY

1. It cannot be granted in impeachment (“Save in cases of

impeachment…”
2. There must be a final judgment (“after conviction by
final judgment”)
3. It cannot be granted in election offenses, unless
COMELEC recommends

Art. IX, C, 1987 Constitution: Section 5. No pardon,

amnesty, parole, or suspension of sentence for
violation of election laws, rules, and regulations shall be
granted by the President without the favorable
recommendation of the Commission.
 San Diego v. CA, 755 SCRA 260 (2015)
 Accused was employed as an accountant, casher and
teller of a fishermen’s cooperative. Charged with Qualified
Theft of the funds of the cooperative in the amount of
Php6,016,084.26, the Regional Trial Court sentencing her to
suffer “the penalty of reclusion perpetua for forty years
without pardon before the lapse of 40 years and with the
accessory penalties of death under Article 40 of the Revised
Penal Code, and to indemnify the Obando Fisherman's Multi-
Purpose Cooperative, Inc., in the amount of Php6,016,084.26.”
Is the prohibition on executive pardon valid?
 Held: “The exercise of the pardoning power is discretionary on
the President and may not be controlled by the legislature or
reversed by the court, save only when it contravenes the
limitations set forth in the Constitution.”
 Pardon and the Imelda Marcos Cases
On Nov. 9, 2018, the Sandiganbayan, 5th Division, convicted
Imelda R. Marcos for seven (7) counts of violation of the Anti-
Graft and Corrupt Pracctices Act (RA No. 3019) for funneling
$200 million to a Swiss foundation in the 1970s while she was
Metropolitan Manila Governor. For each count, she was
sentenced to serve from 6 to 11 years of imprisonment. The
convictions are on appeal with the Supreme Court and she is
out on bail. (See Decisions in Criminal Cases Nos. 17,287 to
17,291, 19225, and 22867 to 22870, Nov. 9, 2018)
Possible scenarios:
1. The Supreme Court will sleep on the cases until accused
dies, or BBM’s term expires, which ever comes first;
2. The Supreme Court will reverse the convictions and acquit
her; or
3. The Supreme Court will affirm the convictions.
Are these valid:
1. Inquirernet, Nov. 14, 2022: “Duterte on
Sinas Mananita; Kung may kasalanan siya,
pardon na siya.”
2. GMA News Online, July 18, 2016: “Mayroon
akong nakita sa Constitution. Ito ang panlaban
ko… the right or the power of the President to
pardon.”
“Duterte added that he would also prepare
“pre-signed” pardons available for military and
police officials, even those without pending
cases in court.”
Two Kinds of Pardon:

1. Conditional Pardon (does not restore one’s

exercise of civil and political rights, subject to
certain conditions)
2. Absolute (fully restores one’s exercise of civil
and political rights and it is not subject to any
condition) [Lacuna v. Abes, 24 SCRA 780
(1989)]
 Other principles:
 1. In amnesty, the person must first admit guilt.
 2. Pardon does not result to automatic reinstatement,
except…
 3. There can be executive clemency in administrative cases,
except…
 4. Determination whether you violated terms of your pardon
lies with the pardoning authority.
 Pardon v. Amnesty:
 1. Pardon is a private act which courts take no judicial
notice of;
 2. Pardon can be granted only after conviction by final
judgment;
 3. Pardon is generally granted individually for common
crimes [Barrioquinto v. Fernandez, 85 Phil. 642 (1949)]
Procedure for Amnesty: The President makes the
declaration, while Congress (separately) issues
concurring resolutions. Everyone applies with a
Commission or Board created for that purpose.
 Bar Questions
 1988/No. 24: Define reprieve, commutation and
pardon?
 1995/No. 5: An NDF member was captured.
Before trial, he was granted pardon by the
President. Is it valid?
 If instead of pardon, he was granted amnesty
by the President upon recommendation of the
National Amnesty Board.
 People v. Casido, 269 SCRA 360 (1997)
 Accused applied for and were granted conditional pardon by the President
while their appeals were pending before the Supreme Court. After release, they
filed a Motion to Withdraw Appeal before the Supreme Court which the latter
denied. Meanwhile, their applications for amnesty were also favorably acted on
by the National Amnesty Commission. What is the status of their pardon?
 Held: The pardon was void for having been extended during the pendency of the
appeal or before conviction by final judgment, and therefore, in violation of the
first paragraph of Sec. 19, Art. VII of the Constitution. Any application for
pardon should not be acted upon or the process towards its grant should not be
begun unless the appeal is withdrawn. The pronouncement in Monsanto v.
Factoran that the acceptance of a pardon amounts to an abandonment of the
appeal rendering the conviction final, is an obiter dictum. The members of the
Presidential Committee for the Grant of Bail, Release or Pardon are admonished
to exercise utmost care and diligence in the performance of their duty to save
the President from embarrassment. However, since amnesty, unlike pardon,
may be granted before or after the institution of the criminal prosecution and
even after conviction, the release of accused was valid on the ground of the
amnesty extended to them.
 1993/No. 20: Must a rebel admit the charges
against him before he can avail of amnesty?
 1996/No. 10. Can the President commute the
dismissal of a court employee dismissed by the
Supreme Court? [Judicial Clemency, See In re
Petition for Judicial Clemency of Atty. Ricafort,
March 2, 2021]; [Re: Allegations made under
oath…, AM No. SB-14-21, Jan. 19, 2021]
 1991/ No. 11. [Also 2010, No. 17] Millanes was
convicted of an election offense. Due to the
recommendation of the Board of Pardons and
Parole, he was pardoned by the President. Is the
pardon valid?
1995 (5): Lucas, a ranking member of the NDF,
was captured by policemen while aboard a
passenger bus bound for Sorsogon. Charged
with rebellion he pleaded not guilty when
arraigned. He was convicted by the RTC, but he
appealed. While the case was on appeal, he
was granted absolute pardon by the President to
allow him to participate in the peace talks
between the government and communist rebels.
Is the pardon valid?
 1999, No. 4: What are the constitutional limitations on the
pardoning power of the President?
 Distinguish between pardon and amnesty.

 2005, No. 5: When a person pardoned conditionally breaks

the term of his pardon, must there be a judicial
determination before the President arrests him? [Torres v.
Gonzales, 152 SCRA 272 (1987)]

 1997, No. 15:Can there be pardon in administrative cases?

[Llamas v. Executive Secretary, 202 SCRA 844 (1991)
2008, No. 8: ST, a Regional Trial Court judge
who falsified his Certificate of Service was found
liable by the Supreme Court for serious
misconduct and inefficiency, and meted the
penalty of suspension from office for 6 months.
Subsequently, ST filed a petition for executive
clemency with the Office of the President. The
Executive Secretary, acting on said petition
issued a resolution granting ST executive
clemency. Is the grant of executive clemency
valid?
2005, No. 5: Bruno still had several years to
serve on his sentence when he was conditionally
pardoned by the President. Among the
conditions imposed was that he would not
commit another offense. Bruno accepted all of
the conditions. Shortly thereafter, Bruno was
charged with estafa. He was incarcerated to
serve the unexpired portion of his sentence
following the revocation of the pardon by the
president. Claiming that the estafa charge was
false, Bruno filed a petition for habeas corpus.
As Judge, will you release him?
 Bar Exam 2015, No. VI(2) What are the
limitations, if any, to the pardoning power of the
President? (3%)
 Bar Exam 2017, IV.
 A. What is the pardoning power of the President
under Art. VIII, Sec. 19 of the Constitution?
 Is the exercise of the power absolute? (4%)
 B. Distinguish pardon from amnesty. (4%)