SEC. 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, be rnay for a period not exceeding sixty 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 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-er 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 promulgate
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 civilians
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, otherwise he shall be released.
Military Power of the President
1) Powers to meet emergency situationsa. To call out the AFP to prevent or suppress lawless violence, meet the
threat of invasion or quell rebellion
b. To suspend the privilege of writ of habeas corpus
c. To declare martial law
2) Commander-in-Chief of the Armed Forces- The President is made the
Commander-in-Chief of all AFP by the Constitution. He is given authority to
call out the AFP to prevent or suppress lawless violence, invasion or rebellion.
This provision ensures the supremacy of the civil authorities over the military
forces of the government. (Art. II, Sec.3)
Powers of the President as Commander-in-Chief of the Armed Forces

The President is not only a civil official, he is also in a sense a military officer.
He is not however a member of the armed forces therefore he is not subject
to court martial or military discipline

Has control of military organization and personnel whether in peace time or

war time
Has the power to call out the AFP to prevent or suppress lawless violence,
invasion or rebellion
He is empowered to create military tribunals to try persons who violate
military laws or crimes against national security
o Even in martial law, military courts have no jurisdiction over civilians
During war time the President gives the actual command to his military
experts, but the ultimate command belongs to him

Authority of the Congress over the Armed Forces

Shares with the President his authority over the armed forces
Supplies the money and makes the laws for their governance
To it belongs the sole power to declare the existence of a state of war. (Art.
VI, Sec. 23[1].)

Power to suspend privilege of writ of habeas corpus

Conditions
a. There must be invasion or rebellion at the time of the suspension
b. The public safety must require the suspension
The suspension must not exceed 60 days
Persons covered by suspension
a. Shall apply only with respect to persons judicially charged for rebellion
or offenses inherent in, or directly connected with invasion
b. A person arrested or detained must be released if not judicially
charged within 3 days.

Power to declare martial law

Conditions
a. The requisites for the declaration of martial law of the President is the
same as the conditions for a valid suspension of the writ of habeas
corpus
Scope
a. Power to make all needful rules and regulations with the force of law
until termination of martial rule
b. The President along with the aid of the armed forces may place the
whole country or only a part the country
c. Only resorted to when the emergency situation requires stronger
measures to ensure the safety of the nation

Meaning of martial law

In its comprehensive sense

o The military law proper, that is, the laws enacted by the lawmaking
body for the government of the armed forces
o The rules governing the conduct of military forces in times of war and
in places under military occupation

In its strict sense

o It is the law which has application when the military arm does not
supersede civil authority but is called upon to aid it in the execution of
its vital functions

Basis, object and duration of martial law

Basis
o One of the rights of sovereignty is to declare, apply and exercise
martial law
o The power is founded on necessity and is inherent in every
government
Object
o Preservation of the public safety and good order
Duration
o Must not exceed beyond the exigency which it call forth or exceed 60
days

Restrictions on the exercise of the two powers

There must be actual invasion or rebellion and public safety requires the
proclamation or suspension
Shall not exceed 60 days unless extended by the Congress or as requested
by the President but the Congress will determine the period of the extension
The President must submit a report in person or in writing to the Congress
within 48 hours to guide the Congress as to which action to take, i.e.
revocation or suspension
Congress must review the proclamation. The proclamation or suspension may
be revoked by majority vote of all the members of Congress.
o In case of extension the actions of both the President and the Congress
may be subject to judicial review
The two powers cannot be exercised as a preventive measure, an invasion or
rebellion must already be existing at the time of proclamation
The effects of a state of martial law are clearly spelled out, to define the
extent of the martial law power

Effects of a state of martial law

Operation of the Constitution

o It does not suspend the operation of the Constitution
o Civilian authority is at all times supreme over the military
Functions of civil courts and legislative assemblies
o It does not supersede the functioning of the civil courts or legislative
assemblies.
o Martial law is declared merely to assist the civil government, not to
replace it
Jurisdiction of military courts or agencies
o Civil authorities are not superseded by military authorities
o Civil laws are not suspended

A person may not be arrested and detained indefinitely without court

orders
o A civilian may not be tried by a military commission or court martialed
Privilege of the writ of habeas corpus
o Does not automatically suspend the privilege of writ of habeas corpus
o Privilege continues to persons under detention unless suspended by
the President, subject to the restrictions imposed
o The suspension shall only apply to persons judicially charged for
rebellion or offenses inherent in or directly connected with invasion
o Any person arrested or detained must be judicially charged within
three days otherwise he shall be released
o

SEC. 19. Except in cases of impeachment, or as otherwise provide d in this

Constitution, the President may grant reprieves, commutations, and
pardons, and r emit 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.
Pardoning Power

Traditionally vested in President

Practically without limitations
Extends to all offenses

Meaning of reprieve and suspension of sentence

Reprieve-postponement of execution of a death sentence to a certain date

Suspension of sentence-postponement of a sentence for an indefinite time

Meaning of commutation

Reduction of a sentence imposed, may be granted without the acceptance

and even against the will of the convict

Meaning of pardon

Exempts the individual on whom it is bestowed, from the punishment the law
inflicts for a crime he has committed

Object of pardoning power

Executive clemency exists to afford relief from undue harshness or evident

mistake in operation or enforcement of the criminal law

Kinds of pardon

Absolute-Not subject to any conditions and becomes effective when made

Conditional-Given subject to a condition or qualification the President may
see fit. The offender must accept it for the pardon to be effective

Limitations upon pardoning power

1. May not be exercised for offenses in impeachment cases
2. May be exercised only after conviction by final judgement

3. May not be exercised over civil contempt

4. In case of violation of election law or rules and regulations, no pardon, parole
or suspension of sentence may be granted without the recommendation of
the COMELEC
Effects of pardon
1. Removes penalties and disabilities and restores him to his full civil and
political rights
2. Does not discharge the civil liability of the convict to the individual he has
wronged as the President has no power to pardon a private wrong
3. Does not restore offices, property or rights vested in others in consequence of
conviction
Remission of fines and forfeitures

The President has the power to remit fines and forfeitures for all offenses
after final conviction.
The Congress may constitutionally authorize other officers to remit
administrative fines and forfeitures
Remission prevents the collection of fines and the confiscation of forfeited
property

Meaning of amnesty

Act of the sovereign power granting oblivion or a general pardon for a past
offense usually granted to those who have committed crimes of political
character

Effect of amnesty

Abolishes and puts into oblivion the offense of which one is charged, as
though he had committed no offense

Pardon and amnesty distinguished

1. Pardon is granted by the President alone after conviction, while amnesty, with
the concurrence of the Congress before or after conviction
2. Pardon is the act of forgiveness, while amnesty is the act of forgetfulness
3. Pardon is granted for infractions of the peace of the State while amnesty, for
crimes against the sovereignty of the State
4. Pardon is a private act of the President, it must be pleaded and proved by the
person who claims to have been pardoned, while amnesty is a public act of
which the courts will take judicial notice
SEC. 20. The President may contract or guarantee foreign loans on behalf
of the Republic of the Philippines with the prior concurrence of the
Monetary Board, and subject to such limitations as may be provided by
law. The Monetary Board shall, within thirty days from the end of every
quarter of the calendar year, submit to the Congress a complete report of
its decisions on applications for loans to be contracted or guaranteed by
the Government or government-owned and -controlled corporations which

would have the effect of increasing the foreign debt, and containing other
matters as may be provided by law.
Authority to contract and guarantee foreign loans

Exclusive executive function- The President may contract foreign loans on

behalf of the Republic of the Philippines without the need of prior
congressional approval
Concurrence of Monetary Board required
o The authority of the President is not absolute
o The contract or guarantee must be with prior concurrence of the
Monetary Board of the Central Bank, which is required to report to the
Congress
Checks by Congress-congressional approval not required in approval of
foreign loans
o The loans urgently needed by the country may no longer be available
when concurrence is finally obtained
o An obstructionist Congress may withhold approval for political reasons

SEC. 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds. of all the Members of the Senate.
Meaning of treaty

Compact made between two or more states, including international

organizations of states, intended to create binding rights and obligations
upon the parties
May bilateral or multilateral

Distinguished from international agreement from executive agreement

International agreement- requires the concurrence of the Senate

Executive agreement- does not require the concurrence of the Senate

Steps in treaty making

1. Negotiation- The President has the sole authority to negotiate
2. Approval or ratification-no treaty or international agreement shall be valid
and effective unless concurred by at least 2/3 of all members of the Senate
SEC. 22. The President shall submit to the Congress within thirty days from the
opening of every regular session, as the basis of the general appropriations bill, a
budget of expenditures and sources of financing, including receipts from existing
and proposed revenue measures.
Budgetary power of the President

The President is entrusted by the Constitution to prepare the budget receipts

and expenditures based on existing and proposed revenue measures and
other sources of financing and of submitting it to Congress within 30 days
from the opening of each regular session.

The budget submitted would be the basis of the general appropriations act to
be enacted by the Congress for the following year

SEC. 23. The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time.
Prerogative to address and appear before Congress

At the opening of the regular session of Congress, the President has the
opportunity to give information about the state of the nation and to
recommend to the legislative body such measures as he may deem
necessary and proper
The President may appear before the Congress at any time he may choose
after the opening of its regular session