Commander-in-Chief Powers: Calling Out Powers of the President
The President of the Philippines, as Commander-in-Chief of all armed forces of the Philippines, is granted various powers under Article VII, Section 18 of the 1987 Constitution, one of which is the calling out power. This is the first in a series of Commander-in-Chief powers, progressively increasing in gravity, which also include the power to declare martial law and to suspend the privilege of the writ of habeas corpus. The calling out power is the most benign of these powers but nonetheless critical in ensuring peace, security, and public order.
I. Constitutional Basis
Article VII, Section 18 of the 1987 Constitution states:
"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."
II. Nature and Scope of the Calling Out Power
The calling out power allows the President to mobilize the Armed Forces of the Philippines (AFP) to address specific situations of lawless violence, invasion, or rebellion. It is the most flexible of the Commander-in-Chief powers because it does not require a formal declaration or approval from other branches of government. Thus, its use lies within the executive discretion of the President and is intended as a swift and immediate response to emergent situations that threaten public order and national security.
1. Lawless Violence
This refers to instances where the public order is endangered by acts of violence that cannot be controlled by ordinary law enforcement agencies. For instance, widespread rioting, acts of terrorism, or serious civil disturbances may justify the calling out of the AFP to augment the police and other civilian authorities.
2. Invasion
The calling out power can also be invoked in the event of actual or imminent foreign aggression, wherein the sovereignty and territorial integrity of the Philippines are at risk.
3. Rebellion
Rebellion involves an organized and armed resistance against the authority of the state, and the President can call out the AFP to quash such uprisings to maintain public order and the rule of law.
III. Judicial Review and Limitations
While the calling out power is a discretionary power of the President, it is not immune to judicial review, although the scope of review is extremely limited. The Supreme Court can only inquire into the factual basis of the President's decision, particularly to determine whether there exists sufficient factual justification for the calling out of the armed forces. However, courts will generally defer to the executive's decision on the matter, as it involves national security concerns.
The leading case on this is "David v. Arroyo" (G.R. No. 171396, May 3, 2006), where the Supreme Court ruled that the President’s calling out power is not subject to the same constraints as the imposition of martial law or the suspension of the privilege of the writ of habeas corpus. The Court held that the calling out power is within the executive's discretionary authority and is generally considered a preventive measure against greater threats to public safety and security.
In the case of "Sanlakas v. Executive Secretary" (G.R. No. 159085, February 3, 2004), the Supreme Court also affirmed that the judiciary has limited power to review the calling out of the military by the President unless there is a showing of grave abuse of discretion.
IV. Procedural Distinctions from Martial Law and Suspension of Habeas Corpus
The calling out power is distinct from the powers to declare martial law or suspend the writ of habeas corpus. Notably, the latter two require the presence of actual invasion or rebellion, and in such cases, public safety must also require the declaration. Additionally, martial law and the suspension of the writ are subject to constitutional safeguards, such as a limited period, the requirement of a report to Congress, and the possibility of judicial review. In contrast, the calling out power does not have these procedural constraints. It is viewed as an initial, preventive measure designed to manage less severe disturbances that do not yet necessitate the more extreme measures of martial law or suspension of habeas corpus.
V. Executive Discretion
The calling out power provides the President considerable discretion, as it does not involve the formalities and checks associated with martial law or the suspension of the writ of habeas corpus. However, this also means that it is designed to be a more measured response, appropriate for situations that require immediate but not draconian intervention. The Supreme Court, in David v. Arroyo, emphasized that the President's judgment in calling out the armed forces is accorded great respect unless it is shown to have been exercised arbitrarily or with grave abuse of discretion.
VI. Limitations on the Use of Military Force
While the President can call out the armed forces, the use of military power is limited by civilian supremacy and must adhere to constitutional principles. The President cannot use the military for purposes beyond the suppression of lawless violence, invasion, or rebellion. Furthermore, Article II, Section 3 of the Constitution enshrines the principle of civilian authority over the military. The military must always act in support of civilian authorities, such as the police, and cannot supplant civilian functions.
The military may only act as an auxiliary force to assist civil authorities when civilian powers are insufficient to restore order or security. Thus, the AFP cannot take over ordinary law enforcement functions except in extreme circumstances where the safety of the public is gravely threatened.
VII. Notable Applications
Historically, the calling out power has been invoked by Presidents in situations involving serious threats to national security or public order:
- President Fidel V. Ramos invoked the calling out power during the coup attempts in the early 1990s.
- President Joseph Estrada called out the AFP in response to the 2000 Mindanao crisis involving the Moro Islamic Liberation Front (MILF).
- President Gloria Macapagal-Arroyo declared a “State of National Emergency” in 2006, invoking the calling out power to quell widespread lawless violence following an alleged coup attempt.
- President Rodrigo Duterte used the calling out power several times, notably in responding to the Marawi Siege in 2017 and declaring a state of lawlessness in the aftermath of the Davao City bombing in 2016.
VIII. Conclusion
The calling out power of the President is an essential component of the Commander-in-Chief powers, providing the executive with a flexible tool to address threats to public order without the need for more extreme measures like martial law. It is subject to minimal judicial scrutiny and is primarily within the President's discretion. However, the use of this power is still constrained by constitutional principles of civilian supremacy, proportionality, and respect for fundamental rights. The calling out power is intended to preserve the balance between maintaining order and protecting the freedoms enshrined in the Constitution, ensuring that military intervention remains a last resort in maintaining peace and security.