WHAT IS “MARTIAL LAW”?
BRIEFLY:
Martial law is founded on necessity and is essentially police power
exceptionally exercised by the executive with the aid of the military, the
latter being called upon to assist in the maintenance of peace and order and
the enforcement of legal norms. The purpose thereof being the preservation of
the public safety and good order in times when the domination of lawless
elements cannot be stopped by civil authorities.
WHO CAN DECLARE “MARTIAL LAW?
ANS. The President as
commander-in-chief pursuant to Art VII, Sec 18 of the 1987 Constitution.
WHAT IS THE “COMMANDER-IN-CHIEF” CLAUSE?
The
Constitution declares the President, a civilian, as the Commander-in –Chief of
the Armed Forces of the Philippines (the power covers the Philippine National
Police (PNP).
The
reason behind this provision is to ensure the supremacy of the civil authorities
over the military forces of the government.
The
President has control and direction of the conduct of war and, when necessary,
may call out such armed forces to prevent or suppress lawless violence,
invasion, or rebellion. However, it is
only in this sense that the president may be referred to as a military officer.
The President does not enlist in, nor is he inducted or drafted into forces; “he
is not subject to court martial or other military discipline.”Swartz, The Powers of the President, p.215
(1963)
The
net effect of Article II, Section 3, when read with Article VII, Section 18, is
that a civilian President holds supreme military authority and 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. “As Commander-in-chief, he is authorized to direct the
movements of the naval and military forces placed by law at his command, and to
employ them in the manner he may deem most effectual to harass and conquer and
subdue the enemy.” Fleming v. Page, 9 How
603, 615 U.S. (1850)
WHAT POWER DOES THE PRESIDENT HAVE OVER THE
MILITARY?
ANS. Since the President is
commander-in-chief of the Armed forces, she can demand obedience from military
officers. Military officers who disobey or ignore her command can be subjected
to court martial proceeding. Thus, for instance, the President as
Commander-in-Chief may prevent a member of the armed forces from testifying
before a legislative inquiry, a military officer who disobeys the President’s
directive may be made to answer before a court martial. (see Gudani v. Senga, G.R. No. 170165, April 15, 2006).
IN WHAT INSTANCES CAN THE PRESIDENT DECLARE
MARTIAL LAW? (GROUNDS)
Ans. Martial Law depends on two factual
bases: (1) the existence of invasion or rebellion, and (2) the requirements of
public safety. (Art. VII, Sec 18 of the
1987 Constitution)
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