CONTINUATION EXECUTIVE DEPARTMENT 2

Section 18 COMMANDER-IN-CHIEF POWERS

Scope:
1) The President is the Commander-in-Chief of the Armed
Forces.

2) Whenever necessary, the President may call out the AFP to

PREVENT or SUPPRESS:

a) Lawless violence;
b) Invasion; or
c) Rebellion.
3) The President may also:
a) Suspend the privilege of the writ of habeas corpus; and
b) Proclaim a state of martial law.
HUMSS
PHILIPPINE POLITICS Reasons for Suspension of the privilege of the writ of habeas
corpus and declaring martial law;
1
a. Invasion;
MR. ARNOLD V. DE CASTRO b. Rebellion; and
c. When Public safety requires it.

 The invasion or rebellion must be ACTUAL and not merely

imminent.
 Limitations:
a. Suspension or proclamation is effective for only 60 days.
b. Within 48 hours from the declaration or suspension, the
President must submit a report to Congress.
c. Congress, by majority vote and voting jointly, may revoke the
same, and the President cannot set aside the revocation.

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d. In the same manner, at the President’s initiative, Congress can deployments in times of war is subject to the President’s judgment
extend the same for a period determined by Congress if invasion and discretion
or rebellion persist and public safety requires it.
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Section 19 EXECUTIVE CLEMENCY
Supreme Court review: Scope:
1.) The President may grant the following: [ Pa R C Re]
i. The appropriate proceeding can be filed by any citizen. 1. Pardons (conditional or plenary)
2. Reprieves
ii. The SC can review the FACTUAL BASIS of the proclamation 3. Commutations
or suspension. 4. Remittance of fines and forfeitures
iii. Decision is promulgated within 30 days from filing. 2.) These may only be granted AFTER conviction by final
judgment.
Martial Law does NOT:
3.) ALSO: The power to grant clemency includes cases involving
i. Suspend the operation of the Constitution.
administrative penalties.
ii. Supplant the functioning of the civil courts or legislative
4.) Where a conditional pardon is granted, the determination of
assemblies.
whether it has been violated rests with the President.
iii. Authorize conferment of jurisdiction on military courts over
Limitations:
civilians where civil courts are able to function and
1.) As to scope:
iv. Automatically suspend the privilege of the writ
Cannot be granted:
Suspension of privilege of the writ:
a.) Before conviction
i. Applies ONLY to persons judicially charged for rebellion or
offenses inherent in or directly connected with invasion. b.) In cases of impeachment
ii. Anyone arrested or detained during suspension must be c.) For violations of election laws, rules, and regulation without
charged within 3 days. Otherwise he should be released. the favorable recommendation of the COMELEC
Note: While the suspension of the privilege of writ and the d.) In cases of civil or legislative contempt
proclamation of martial law is subject to judicial review, the actual
use by the President of the armed forces is not. Thus, troop 2.) As to effect:
a.) Does not absolve civil liabilities for an offense.
May or may not restore political
b.) Does not restore public offices already forfeited, although 6
5 rights. Absolute pardon
eligibility for the same may be restored. restores. Conditional does not.
Amnesty: Civil indemnity is not
extinguished.
1.) An act of grace concurred in by Congress, usually extended
to groups of persons who commit political offenses, which puts into
oblivion the offense itself. May be granted before or Only granted after conviction
after conviction by final judgement
2.) President alone CANNOT grant amnesty. Amnesty needs
concurrence by a majority of all the members of Congress.

3.) When a person applies for amnesty, he must admit his guilt
of the offense which is subject to such amnesty. If his application
is denied, he can be convicted based on this admission of guilt.

Sources:
AMNESTY PARDON

Addressed to POLITICAL Addressed to ORDINARY

offenses offenses LawPhil, <https://lawphil.net/consti/cons1987.html>, accessed last 10
October 2020.
Granted to a CLASS of
persons Granted to INDIVIDUALS
Philippine Law Reviewers,
Need not be accepted Must be accepted https://lawphilreviewer.wordpress.com/tag/political-law-constitutional-law-
article-vii/, accessed last 10 October 2020.
Requires concurrence of
majority of all members of No need for Congressional
Congress concurrence

A public act. Subject to Private act of President. It must

judicial notice be proved.

Extinguishes the offense Only penalties are

itself extinguished.