cooked again Flashcards
is a constitutional measure used to address situations where public safety is at risk,
exercised with the aid of the military.
Martial Law
Conditions for Martial Law
Necessity
Purpose
The ____________ of martial law varies depending on the emergency (rebellion vs.
invasion).
necessity
Ensures the maintenance of civil government and public safety.
Purpose
The President can declare martial law or suspend the privilege of the writ of habeas
corpus in cases of:
Invasion
Rebellion
When public safety requires it
Scope of martial law:
o Martial law or suspension of the writ cannot exceed 60 days without Congressional
approval.
o Congress may revoke or extend such declarations.
o Supreme Court may review the sufficiency of the factual basis for the declaration.
Under Martial Law:
o The President acts as Commander-in-Chief and may issue proclamations and orders.
o Military commissions or courts-martial may be created.
Provides checks and balance mechanisms on the
President’s powers under martial law.
1987 Constitution, Article VII, Section 18:
The President is the Chief Executive of the Philippines, vested with executive powers under
Article Vii of the 1987 Constitution
Executive Powers
Power of Control
Power to Appoint
o Supervision and control over all executive departments, bureaus, and offices.
o The President can alter, modify, or nullify decisions of subordinates.
Power of Control
o The President appoints officials, subject to Commission on Appointments confirmation,
including:
Heads of executive departments.
Ambassadors, public ministers, and consuls.
Armed Forces officers ranked Colonel or Naval Captain and above.
Power to Appoint
Restrictions on Presidential Power
Approval by the Commision on Appointment
Impeachment
Congressional Oversight
Judicial Review
Public Accountability
is required for key appointments.
Approval by the Commision on Appointment
The President can be impeached for constitutional violations.
Impeachment