Professional Documents
Culture Documents
Vivencio v. Villar
Vivencio v. Villar
recent jurisprudence
a civilian President is the ceremonial, legal and administrative head of the armed
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 to
direct military operations and to determine military strategy. Normally, he would
be expected to delegate the actual command of the armed forces to military
experts; but the ultimate power is his.
Given the foregoing, Governor Tan isnotendowed 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 isexclusiveto the
President. An exercise by another official, even if he is the local chief executive,
isultra vires, and may not be justified by the invocation of Section 465 of the Local
Government Code.
p ol i t ic a l l aw
129
u s t l a w l a w r e v i e w, v o l l v i i , n o . 1 , n o v e m b e r 2 0 1 2