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JAMAR KULAYAN, et al. v. GOV. ABDUSAKUR TAN,
in his capacity as Governor of Sulu, et al.
G.R. No. 187298, 03 July 2012, EN BANC (Sereno, J.)
The calling-out powers contemplated under the Constitution is exclusive to the P
resident.
An exercise by another offcial, even if he is the local chief executive, is ul
tra vires, and may not
be justifed by the invocation of Section 465 of the Local Government Code.
Three members from the International Committee of the Red Cross
(ICRC) were kidnapped in the vicinity of the Provincial Capitol in Patikul, Sul
u.
Andres Notter, Eugenio Vagni, and Marie Jean Lacaba, were purportedly inspecting

a water sanitation project for the Sulu Provincial Jail when they wer
e seized by
three armed men who were later confrmed to be members of the Abu Sayyaf
Group (ASG). A Local Crisis Committee, later renamed Sulu Crisis Management
HELD:
The Senate Committees power of inquiry relative to PSR No. 455 has
been passed upon and upheld in the consolidated cases of In the Mat
ter of the
Petition for Habeas Corpus of Camilo L. Sabio which cited Article VI, Section 2
1 of
the Constitution, as follows:
The Senate or the House of Representatives or any of its
respective committees may conduct inquiries in aid of legislation
in accordance with its duly published rules of procedure. The
rights of persons appearing in or affected by such inquiries shall
be respected.

The Court explained that such conferral of the legislative
power of
inquiry upon any committee of Congress, in this case, the respondents
Senate
Committees, must carry with it all powers necessary and proper for its effective

discharge. On this score, the Senate Committee cannot be said to have acted with

grave abuse of discretion amounting to lack or in excess of jurisdiction when
it
submitted Committee Resolution No. 312, given its constitutional mandate
to
conduct legislative inquiries. Nor can the Senate Committee be faulted for doing

so on the very same day that the assailed resolution was submitted.
The wide
latitude given to Congress with respect to these legislative inquiries has long
been
settled, otherwise, Article VI, Section 21 would be rendered pointless.
poli ti cal law
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ust law law re vi e w, vol lvi i , no. 1, november 2012
Committee (Committee) was then formed to investigate the kidnapping incident.
The Committee convened under the leadership of respondent Abdusakur Mahail
Tan, the Provincial Governor of Sulu.
Governor Tan issued Proclamation No. 1, Series of 2009, declaring a state
of emergency in the province of Sulu. The Proclamation cited the ki
dnapping
incident as a ground for the said declaration, describing it as a terrorist act
pursuant
to the Human Security Act (R.A. 9372). It also invoked Section 465 of the Local

Government Code of 1991 (R.A. 7160), which bestows on the Provincial Governor
the power to carry out emergency measures during man-made and natural disasters
and calamities, and to call upon the appropriate national law enforcement agenci
es
to suppress disorder and lawless violence. In the Proclamation, Tan called upon
the PNP and the Civilian Emergency Force (CEF) to set up checkpoints
and
chokepoints, conduct general search and seizures including arrests, and
other
actions necessary to ensure public safety.
Petitioners, Jamar Kulayan, et al. claimed that Proclamation No. 1-09 was
issued ultra vires, and thus null and void, for violating Sections 1 and 18, Art
icle
VII of the Constitution, which grants the President sole authority to
exercise
emergency powers and calling-out powers as the chief executive of the Republic

and commander-in-chief of the armed forces.
ISSUE:
Whether or not a governor can exercise the calling-out powers of a

President
HELD:
It has already been established that there is one repository of executive
powers, and that is the President of the Republic. This means that when Section

1, Article VII of the Constitution speaks of executive power, it is granted to
the
President and no one else. Corollarily, it is only the President, as Executive,
who
is authorized to exercise emergency powers as provided under Section 23, Article

VI, of the Constitution, as well as what became known as the calling-out powers

under Section 7, Article VII thereof.
While the President is still a civilian, Article II, Section 3 of t
he
Constitution mandates that civilian authority is, at all times, supreme
over the
military, making the civilian president the nations supreme military leade
r. The
net effect of Article II, Section 3, when read with Article VII, Section 18, is
that
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ust law law re vi e w, vol lvi i , no. 1, november 2012
a civilian President is the ceremonial, legal and administrative head of the ar
med
forces. The Constitution does not require that the President must be possessed
of military training and talents, but as Commander-in-Chief, he has the power t
o
direct military operations and to determine military strategy. Normally, he woul
d
be expected to delegate the actual command of the armed forces to m
ilitary
experts; but the ultimate power is his.

Given the foregoing, Governor Tan is not endowed with the power to call
upon the armed forces at his own bidding. In issuing the assailed proclamation,
Governor Tan exceeded his authority when he declared a state of emergency and
called upon the Armed Forces, the police, and his own Civilian Emergency Force.
The calling-out powers contemplated under the Constitution is exclusive to
the
President. An exercise by another offcial, even if he is the local chief execu
tive,
is ultra vires, and may not be justifed by the invocation of Section 465 of th
e Local
Government Code.


ARNOLD VICENCIO v. HON. HEYNALOO A. VILLAR, et al.
G.R. No. 182069, 3 July 2012, EN BANC (Sereno, J.)
The mandate of the Commission on Audit is to observe the policy that government

funds and property should be fully protected and conserved; and that irregular,
unnecessary,
excessive or extravagant expenditures or uses of such funds and property should
be prevented.
The City Council or the Sangguniang Panglungsod ng Malabon (SPM),
presided by Hon. Benjamin Galauran, then acting Vice-Mayor, adopted and

approved City Ordinance No. 15-2003, entitled An Ordinance Granting Authority
to the City Vice-Mayor, Hon. Jay Jay Yambao, to Negotiate and Enter into Contrac
t
for Consultancy Services for Consultants in the Sanggunian Secretariat Tasked to

Function in their Respective Areas of Concern.
Arnold Vicencio was elected City Vice-Mayor of Malabon. By virtue of
this offce, he also became the Presiding Offcer of the SPM and, at the same tim
e,
the head of the Sanggunian Secretariat. Vicencio, representing the City Governm
ent
of Malabon City, entered into Contracts for Consultancy Services. Afte
r the
signing of their respective contracts, the three consultants rendered consultan
cy
services to the SPM. Thereafter, the three consultants were correspondi
ngly
paid for their services pursuant to the contracts therefor. However, a
n Audit
Observation Memorandum (AOM) was issued disallowing the amount for being