The President shall have control of all
the executive departments, departments, bureaus,, and offices bureaus offices.. He shall ensure that the
laws be faithfully executed.
The president has the power
to change or modify the decisions of members of the Cabinets and all officials under him. He may use his own judgment and act directly on any function entrusted to such officials. He may also investigate suspend, or dismiss erring officials.
In short, the President controls all the
executive departments, bureaus, and the offices. However, the President may not directly remove or suspend, even with just cause, any officer or employee belonging to the civil service. This power or responsibility lies with the Civil Service Commission.
The primary function of the President is to enforce the laws. He is policeman number one. Before assuming office, he is required to take an oath or affirmation to the effect that as President of the Philippines, he will among others, “execute its laws” this means that he “shall insure that
the laws be faithfully
executed”
This function of the President is more of a duty than a power, to be discharged by him personally and through subordinates under his control or supervision. He is not permitted to ignore a law merely because he does not like it. The enforcement of law may require the President to do something as well as stop others from certain actions, even if he himself does not agree with the wisdom or necessity of such law.
The President shall be the
Commander-in-Chief of all
armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence,, invasion or rebellion. violence rebellion.
or rebellion rebellion, In case of invasion or when the public safety requires it, he may, for a period not exceeding sixty days (60), (60), suspend the privilege
of the writ
of habeas corpus or place the Philippines or any part thereof under martial
law.
Within forty-eight
hours (48)
from the proclamation of martial law law or the suspens suspension ion of the privilege of the writ of habeas corpus, the President shall submit a report
in person or or in in writing
to the Congress.
The Congress, voting
jointly,
by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension, which revocation shall
not be set aside by the President.
Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public
safety requires it.
The Congress, if not in session, shall, within
twenty-four hours (24) following such proclamation
or suspension, convene in accordance with its rules without need of a call.
The Supreme Court may review, in an appropriate proceeding filed by
sufficiency of the factual basis of the proclamation any citizen, the
of martial law or the suspension of the privilege of the
writ of habeas
corpus or the extension thereof, and must promulgate its decision thereon within thirty days (30) from its filing.
A state of martial law does not
suspend the operation of the Constitution, nor supplant the functioning of the civil courts or legislative assemblies, nor authorize the conferment of jurisdiction on military courts and agencies over civilians where civil courts are able to function, nor automatically suspend the privilege of the writ of habeas corpus.
The suspension of the privilege of the writ of habeas corpus
shall apply only to persons judicially charged for rebellion or offenses inherent in, or directly connected with, invasion.
During the suspension of the privilege of the writ of habeas corpus, any person thus arrested or detained shall be
judicially charged within three days (3), otherwise he shall be released.
In emergency situations, the President has powers which he may utilize. He is the Commander-in-Chief of all armed forces of the nation. As such, he may call out such armed forces to prevent or suppress invasion, violence or rebellion. His role as Commander-in-Chief assures
the supremacy of civil authorities over the military forces of the government.
In the event of war, the president may entrust to his top military men the conduct of war operations. The strategy and direct command he leaves to them but the final say lies
with him.
Two conditions or requisites are necessary in order that the President may suspend the privilege of the writ.
(1) there must be (actual) invasion or rebellion; and › (2) the public safety must require the suspension ›
The suspension of the privilege shall apply only with respect to persons judicially charged for rebellion or offenses connected with invasion. Any person arrested in connection with these offenses must be charged immediately within three (3) days or else set free. The suspension of the privilege of the writ of habeas corpus
does not also remove the right to bail of persons charged with rebellion or offenses connected
rules the nation as Commander-inChief of the armed forces. By Under martial law, the President
declaring martial law, he calls upon the military to help him in the
enforcement of the laws and the maintenance of peace and order.
The condition for the suspension of the privilege of the writ of habeas corpus are also the requisites for the
declaration of martial law by the President. However, the Constitution makes it clear that the proclamation of martial law does not automatically suspend the privilege of the writ. This means that a court has still the power to determine whether the detention of a person is lawful or not.
In addition to the two conditions mentioned, the Constitution in section 18 imposes other restrictions on the President's power to declare martial
law and suspend in the privilege of the writ of habeas corpus.
The lessons learned by our people from 14 years of martial rule under a previous President who used the two powers to suppress dissent and to continue in office beyond his term make necessary the restrictions. extraordinary Moreover, these
powers heavily affect human rights. Only in extreme cases or when absolutely necessary, should the full exercise of such rights be curtailed.
Except in cases of impeachment, or as otherwise provided in this Constitution, the President may grant
reprieves, commutations, and pardons, and remit fines and forfeitures, after conviction by final judgment .
He shall also have the power
to grant amnesty with the concurrence of a majority of all the Members of the Congress.
It gives the President the power to grant pardon and other acts of clemency or mercy for all criminal offenses.
The purpose of pardon is to remedy any harshness or mistake in the enforcement or application of the criminal law. It sometimes happens, and it cannot be avoided, that an innocent person is convicted on false testimony or planted evidence, or the penalty imposed is very severe in relation to the crime committed,
Or a mistake is committed by a court which can no longer be corrected because the case has been finally terminated. To provide a solution, it has been thought of as essential t have an authority other than the courts with the power to lessen or avoid the penalties imposed in certain judgments.
They are the following: › (1) it may not be exercised for offenses in impeachment cases. › (2) except amnesty, it may be exercised only after a judgment of conviction has been rendered; and › (3) in case of violation of election law, rules and regulations, no pardon, parole, or suspension of sentence may be granted without the recommendation of the Commission on Elections.
