Commander-in-Chief Powers | Powers of the President | EXECUTIVE DEPARTMENT

Commander-in-Chief Powers of the President (Philippines)

Under the 1987 Constitution of the Philippines, the President holds the position as Commander-in-Chief of all armed forces of the Philippines. This power is enshrined under Article VII, Section 18 of the Constitution. Below is a detailed analysis of the President’s Commander-in-Chief powers, including its scope, limitations, jurisprudence, and implications.

I. Constitutional Basis

Article VII, Section 18 of the 1987 Constitution provides:

“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.”

This constitutional provision sets the foundation of the President’s Commander-in-Chief powers. It bestows upon the President a three-tiered prerogative to:

1. Call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion.
2. Declare martial law.
3. Suspend the privilege of the writ of habeas corpus.

Each of these powers is distinct, with varying levels of intervention and limitations.

II. Three-Tiered Powers of the Commander-in-Chief

1. Calling Out the Armed Forces

   • The first and least extreme power under the Commander-in-Chief clause is the ability of the President to call out the armed forces to prevent or suppress lawless violence, invasion, or rebellion. This is the most flexible of the Commander-in-Chief powers.
   • Key Features:
     • This power can be exercised at the President’s discretion without the need for any precondition.
     • It does not require Congressional approval.
     • There is no specified duration limit, but it is subject to judicial review to ensure that there is no abuse of discretion.
   • Jurisprudence:
     • In Integrated Bar of the Philippines v. Zamora (2000), the Supreme Court upheld the President’s calling out power, ruling that it is a discretionary power that need not be exercised only when actual invasion, rebellion, or lawless violence is occurring, but also when there is a threat thereof.
   • Limitations:
     • The power is broad but can be questioned if there is an abuse of discretion (e.g., where there is no basis for the President’s belief that lawless violence, invasion, or rebellion exists).

2. Martial Law Declaration

   • The President has the power to proclaim martial law in the Philippines or any part thereof in cases of invasion or rebellion when public safety requires it.
   • Key Features:
     • Martial law imposes extraordinary governmental authority over civil functions and may lead to military control in affected areas.
     • Martial law does not suspend the operation of the Constitution nor supplant the functioning of civilian courts.
     • The President must submit a report to Congress within 48 hours from the proclamation of martial law.
     • Congress may review, revoke, or extend martial law by majority vote.
     • Martial law shall last no more than 60 days unless extended by Congress.
     • Any Filipino citizen may challenge the declaration of martial law before the Supreme Court, which must decide the case within 30 days.
   • Jurisprudence:
     • In Lacson v. Perez (2001), the Supreme Court clarified that martial law is only intended to address rebellion or invasion when public safety is at risk. The case reinforced the separation of powers, particularly the need for judicial and legislative review of the President’s exercise of martial law powers.
     • Lagman v. Medialdea (2017) upheld the President's martial law declaration in Mindanao, reiterating the role of the judiciary in assessing factual bases for the imposition of martial law.
   • Limitations:
     • Martial law cannot abrogate the Bill of Rights.
     • Courts and Congress continue to function during martial law.
     • The Supreme Court has the power to review the factual basis of the martial law proclamation.

3. Suspension of the Writ of Habeas Corpus

   • The suspension of the privilege of the writ of habeas corpus is the most restrictive power and can only be invoked in cases of invasion or rebellion when public safety requires it.
   • Key Features:
     • When suspended, individuals can be detained without being brought before a court.
     • The suspension must follow the same process as martial law in terms of Congressional reporting, approval, and review by the courts.
     • Suspension cannot exceed 60 days unless extended by Congress.
     • Any citizen can question the suspension before the Supreme Court.
     • Persons arrested or detained during the suspension must be charged within three days or be released.
   • Jurisprudence:
     • In Fortun v. Macapagal-Arroyo (2012), the Court emphasized that suspension of the writ is a tool to address threats to public safety and should not be misused to curtail individual freedoms unnecessarily.
   • Limitations:
     • The privilege of the writ of habeas corpus may only be suspended in cases of invasion or rebellion.
     • The suspension does not apply to ordinary crimes unrelated to invasion or rebellion.

III. Judicial and Congressional Oversight

The 1987 Constitution provides significant checks on the exercise of the Commander-in-Chief powers. These checks are embedded within both the judiciary and the legislature:

• Congressional Review:

  • Congress has the power to revoke or extend a martial law declaration or the suspension of the writ of habeas corpus.
  • Any revocation by Congress cannot be overturned by the President.
  • If martial law or the suspension of habeas corpus is to continue beyond 60 days, the President must seek Congressional approval.

• Judicial Review:

  • The Supreme Court has the authority to review the sufficiency of the factual basis of the martial law declaration or the suspension of the writ of habeas corpus.
  • The Court must decide on any challenge within 30 days from its filing.

IV. Limitations of Commander-in-Chief Powers

1. Constitutional Boundaries:

   • The President cannot suspend the Constitution or the Bill of Rights even under martial law or the suspension of the writ of habeas corpus.
   • Civil courts and legislative bodies must remain operational during martial law.

2. Abuse of Discretion:

   • The Supreme Court is empowered to nullify any act of the President if there is a grave abuse of discretion amounting to lack or excess of jurisdiction.
   • The President’s decisions to declare martial law, suspend habeas corpus, or call out the armed forces are subject to review and may be challenged in court if there is an allegation of abuse of discretion.

3. International Law Limitations:

   • The Philippines, as a signatory to various international treaties such as the International Covenant on Civil and Political Rights (ICCPR), is obligated to protect fundamental human rights even during times of war or rebellion. The suspension of certain rights (such as the writ of habeas corpus) must still comply with international obligations regarding the treatment of individuals and respect for human dignity.

V. Conclusion

The Commander-in-Chief powers of the President are vast but balanced by constitutional safeguards, judicial oversight, and legislative checks. The Constitution ensures that while the President can exercise necessary force to maintain law and order, these powers are not absolute. They are constrained by legal processes designed to protect individual freedoms and prevent the abuse of executive authority. The combined roles of Congress and the judiciary act as essential checks to ensure the proper exercise of the Commander-in-Chief powers in accordance with the Constitution and the principles of democracy.