1987 Discuss fully the provisions of the 1987 Constitution, giving the scope, limits

BAR and the role of the principle of checks and balances on the President’s
exercise of the power:
(a) To suspend the privilege of the writ of habeas corpus;
(b) To proclaim martial law.

The President`s power to suspend the writ and declare Martial law is subject to several checks by
congress and by SC. He is required to report to congress within 48 hours his actions on declaring
martial law or suspending the writ and congress in turn is required to convene within 24 hours
following the proclamation. Effective only for 60 days but congress can cut short its affectivity by
a vote of at least majority of all 93 of its members voting jointly and any extension can be granted
by Congress. On the other hand, the SC checks on the executive action on judicial review to
determine by factual basis not to supplant the judgment but to determine if there is arbitration.

1997 (a) When may the privilege of the writ of habeas corpus be suspended?
BAR (b) If validly declared, what would be the full consequences of such
suspension?

Under section 16 article VII of the consti., the writ may be suspend when there is a
rebellion or invasion the public safety may require it.
Under sec. 18 Article VII, it shall only apply to persons judicially charged with rebellion or
offenses inherent or directly connection with invasion.

2000 Declaring a rebellion, hostile groups have opened and maintained armed
BAR conflicts on the islands of Sulu and Basilan.
a) To quell this, can the President place under martial law the islands of Sulu and
Basilan? Give your reasons.

If public safety requires it, the President can place Sulu and Basilan under martial law since there
is an actual rebellion. Under Section 18, Article VII of the Constitution, the President can place
any part of the Philippines under martial law in case of rebellion, when public safety requires it.

b) What are the constitutional safeguards on the exercise of the President’s power to
proclaim martial law.
The following are the constitutional safeguards on the exercise of the power of the President to
proclaim martial law:
a) There must be actual invasion or rebellion;

b) The duration of the proclamation shall not exceed sixty days:

c) Within forty-eight hours, the President shall report his action to Congress. If Congress is not in
session, it must convene within twenty-four hours;

d) Congress may by majority vote of all its members voting Jointly revoke the proclamation,
and the President cannot set aside the revocation;

e) By the same vote and in the same

manner, upon Initiative of the President, Congress may extend the proclamation If the
invasion or rebellion continues and public safety requires the extension;

f) The Supreme Court may review the factual sufficiency of the proclamation, and the Supreme
Court must decide the case within thirty days from the time it was filed;

g) Martial law does not automatically suspend the privilege of the writ of habeas corpus or the
operation of the Constitution.

h) It does not supplant the functioning of the civil courts and of Congress. Military courts have no
Jurisdiction over civilians where civil courts are able to function. (Cruz, Philippine Political Law,
1995 ed., pp. 213214.)

2006 The President issued Proclamation No. 1018 placing the Philippines under
BAR Martial Law on the ground that a rebellion staged by lawless elements is
endangering the public safety. Pursuant to the Proclamation, suspected rebels were
arrested and detained and military tribunals were set up to try them. Robert de la Cruz, a
citizen, filed with the Supreme Court a petition questioning the validity of Proclamation
No. 1018.
1. Does Robert have a standing to challenge Proclamation No. 1018? Explain.

Yes, Robert has standing. Under Article VIII, Section 17 of the 1987 Constitution, the Supreme
Court may review, in an appropriate proceeding filed by any citizen, the sufficiency of the factual
basis of the proclamation of martial law. As citizen therefore, Robert may file the petition
questioning
Proclamation No. 1018.
 2. In the same suit, the Solicitor General contends that under the Constitution, the President
as Commander-in-Chief, determines whether the exigency has arisen requiring the
exercise of his power to declare Martial Law and that his determination is conclusive upon
the courts. How should the Supreme Court rule?

The Supreme Court should rule that his determination is not conclusive upon the courts. The
1987 Constitution allows a citizen, in an appropriate proceeding, to file a petition questioning the
sufficiency of the factual basis of said proclamation. Moreover, the power to suspend the privilege
of the writ of habeas corpus and the power to impose martial law involve the curtailment and
suppression of certain basic civil rights and individual freedoms, and thus necessitate safeguards
by Congress and review by the Supreme Court (IBP v. Zamora, G.R. No. 141284, August 15, 2000).

3. The Solicitor General argues that, in any event, the determination of whether the rebellion
poses danger to public safety involves a question of fact and the Supreme Court is not a
trier of facts. What should be the ruling of the Court?

Judicial power includes the duty of the courts of justice to settle actual controversies involving
rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any
branch or instrumentality of the Government (Art. Vin, Sec. 1, par. 2,1987 Constitution). When the
grant of power is qualified, conditional or subject to limitations, the issue of whether the
prescribed qualifications or conditions have been met or the limitations respected, is justiciable
— the problem being one of legality or validity, not its wisdom. Article VII, Section 18 of the 1987
Constitution specifically grants the Supreme Court the power to review, in an appropriate
proceeding filed by any citizen, the sufficiency of the factual basis of the proclamation of martial
law. Thus, in the matter of such declaration, two conditions must concur: (1) there must be an
actual invasion or rebellion; and (2) public safety must require it. The Supreme Court cannot
renege on its constitutional duty to determine whether or not the said factual conditions exist
(IBP v. Zamora, G.R. No. 141284, August 15, 2000).

4. Finally, the Solicitor General maintains that the President reported to Congress such
proclamation of Martial Law, but Congress did not revoke the proclamation. What is the
effect of the inaction of Congress on the suit brought by Robert to the Supreme Court?

The inaction of Congress has no effect on the suit brought by Robert to the Supreme Court as
Article VIII, Section 18 provides for checks on the President's power to declare martial law to be
exercised separately by Congress and theSupreme Court. Under said provision, the duration of
martial law shall not exceed sixty days but Congress has the power to revoke the proclamation or
extend the period. On the other hand, the Supreme Court has the power to review the said
proclamation and promulgate its decision thereon within thirty days from its filing (Article VIII,
Section 18).
2010 True or False. A proclamation of a state of emergency is sufficient to allow
BAR the President to take over any public utility.

The statement that a proclamation of emergency is sufficient to allow the President to take over
any public utility is false. Since it is an aspect of emergency powers, in accordance with Section
23(2), Article VI of the Constitution, there must be a law delegating such power to the President.
(David vs. Macapagal-Arroyo, 489 SCRA 160 [2006]).

ALTERNATIVE ANSWER: FALSE. The declaration of a state of emergency is one thing and the
exercise of emergency powers is another. In the latter case, it requires a prior legislative
enactment before the President can exercise them.

2011 MCQ. When the President orders the Chief of the Philippine National Police
BAR to suspend the issuance of permits to carry firearms outside the residence,
the President exercises _____.
A. the power of control.C. the power of supervision.
B. the Commander-in-Chief power. D. the calling out power.

2011 MCQ. The President may proclaim martial law over a particular province
BAR subject to revocation or extension _____.
A. by Congress, subject to ratification by the Supreme Court.
B. by the Supreme Court.
C. by Congress alone
D. by Congress, upon recommendation of the respective SangguniangPanlalawigan.

2011 MCQ. The President CANNOT call out the military _____.
BAR A. to enforce customs laws.
B. to secure shopping malls against terrorists.
C. to arrest persons committing rebellion.
D. to raid a suspected haven of lawless elements.

2015 Distinguish the President's authority to declare a state of rebellion from the
BAR authority to proclaim a state of national emergency.

2008 The President alone without the concurrence of the Senate abrogated a
BAR
treaty. Assume that the other country-party to the treaty is agreeable to the abrogation
provided it complies with the Philippine Constitution. If a case involving the validity of
the treaty abrogation is brought to the Supreme Court, how should it be resolved?

The President should be overruled. She cannot abrogate a treaty alone even if the other State,
party to a treaty, agrees to the abrogation. If the legislative branch ratifies a treaty by 2/3 vote
pursuant to Art. VII, Sec. 21, it must also do so when the President abrogates it. She cannot
motupropio abrogate the treaty.

ALTERNATIVE ANSWER: The Supreme Court should sustain the validity of the abrogation of the
treaty. There is no constitutional provision governing the termination of a treaty. What the
constitution provides is only the concurrence of the Senate in order that a treaty be valid and
binding and under recent jurisprudence, the ratification of the treaty is left to the sound
discretion of the President. Therefore, the President as the representative of the State in treaty
negotiation can abrogate a treaty by himself.

2010 True or False. A treaty which provides tax exemption needs no concurrence
BAR by a majority of all the Members of the Congress.

The statement that a treaty which provides tax exemption needs no concurrence by a majority of
all the Members of Congress is true. It is only a law, not a treaty, granting a tax exemption which
requires the concurrence of a majority of all the Members of Congress. (Section 28(4), Article VI
of the Constitution.) Without respect to its lawful substantive content, a treaty, to be valid and
effective, requires concurrence by at least two-thirds of all the Members of the Senate. (Sec. 21,
Art. VII of the Constitution).

ALTERNATIVE ANSWER: FALSE. Granting tax exemptions requires concurrence by a majority of

all the Members of the Congress.

2011 MCQ. The President forged an executive agreement with Vietnam for a year
BAR supply of animal feeds to the Philippines not to exceed 40,000 tons. The
Association of Animal Feed Sellers of the Philippines questioned the executive agreement
for being contrary to R.A. 462 which prohibits the importation of animal feeds from Asian
countries. Is the challenge correct? _____.
A. Yes, the executive agreement is contrary to our existing domestic law.
B. No, the President is the sole organ of the government in external relations and all his actions as
such form part of the law of the land.
C. No, international agreements are sui generis which must stand independently of our domestic
laws.
D. Yes, the executive agreement is actually a treaty which does not take effect without
ratification by the Senate.

2013 The President entered into an executive agreement with Vietnam for the
BAR supply to the Philippines of animal feeds not to exceed 40,000 tons in any
one year. The Association of Animal Feed Sellers of the Philippines questioned the
executive agreement for being contrary to R.A. 462 which prohibits the importation of
animal feeds from Asian countries. Is the challenge correct? Explain.
(A) Yes, the executive agreement is contrary to an existing domestic law.
(B) No, the President is solely in charge of foreign relations and all his actions in this role form
part of the law of the land.
(C) No, international agreements are sui generis and stand independently of our domestic laws.
(D) Yes, the executive agreement is actually a treaty which does not take effect without
ratification by the Senate.
(E) Yes, the challenge is correct because there is no law empowering the President to undertake
the importation.