5/2/2024 0 Comments Commander in chief powers“The above provision grants the President, as Commander-in-Chief, a “sequence” of “graduated power.” From the most to the least benign, these are: the calling out power, the power to suspend the privilege of the writ of habeas corpus, and the power to declare martial law. 19085, February 03, 2004), the Supreme Court ruled that the commander-in-chief powers of the President can is a sequence of graduated powers. The president cannot invoke a greater power when he/she wishes to act under a lesser power. For this reason, the President must be careful in the exercise of this power. Every act that goes beyond this is power is considered as ultra vires and illegal. The calling-out power refers to the power of the president to call out the Armed Forces of the Philippines to prevent and suppress lawless violence, invasion, or rebellion. 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, 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. 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. 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. 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. What is the calling-out power of the president?Īrticle VII, Section 18 of the 1987 Constitution provides that: The framers of the 1987 Constitution reformulated the powers of the Commander-in-Chief by revising the “grounds for the activation of emergency powers, the manner of activating them, the scope of the powers, and review of presidential action.” ( Lagman v. These powers may be resorted to only under specified conditions. suspending the privilege of the writ of habeas corpus and. The President as the Commander-in-Chief wields of the extraordinary powers of: Whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. The President shall be the Commander-in-Chief of all armed forces of the Philippines. Hence, lawful orders must be followed without question and rules must be faithfully complied with, irrespective of a soldier’s personal views on the matter. Thus, to a certain degree, individual rights may be curtailed, because the effectiveness of the military in fulfilling its duties under the law depends to a large extent on the maintenance of discipline within its ranks. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any.Īlso, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.Īfter reading “What is the Military Power of the President?”, read also “Executive Powers of the President: Borrowing Power and the Philippine Foreign Debt” The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader.
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