-
8/10/2019 Commander Immunity
1/4
Recap:
Power of the executive
Residual Powers govt always needs to address certain issues
Power of control v. power of supervision
o Alter ego
o Qualified political agency
o Memorandum, circulars
Appointment. Commission on appointmentsconfirmation
Executive Clemency
President as Commander-in-Chief (sec. 18 art. 7)
(Calibrated response)
Call-out the armed forces
o (presence of rebellion etc. not necessary)
o Lawless violence
Suspension of Privilege of writ of habeas corpus
o (call the person who detained a person,
o explain the legal ground for his/her detention),
o not automatic(separate from martial law),
o incases of rebellion, insurrection, etc (3 days detention) (no
need to declare a state of
rebellion,unnecessary-implied)
o
o when the public safety requires it
Martial law
o
(putting the state in military govt,
o pres acting as commander in chief,
o powers(executive,legislative and judiciary-military
tribunals),
o 60-day unless extended by congress-first check(congress cant
be dissolved),
o civilian courts and supreme are not also closed- 2ndcheck-
determine WON the
President acted arbitrarily; whether or not there is an actual
basis-relied on
reports{whether or not these reports are true, the SC cannot
inquire into}),
o
In cases of rebellion, insurrection (no need to declare a state
of rebellion,unnecessary-
implied)
o
when the public safety requires it
-
8/10/2019 Commander Immunity
2/4
IBP v. Zamora
Whether or not the president may call out the armed
forces(Ordered the Marines to join in the
patrol of PNP in populated areas ); cases lawlessness and
violence-bombings
Yes, do not need the presence of rebellion for calling out the
armed forces-president acting as a chief
execution(civilian) and commander-in-chief address the lawless
ness, no need for a presidential
proclamation.(marines are just support and under the control of
PNP in this case)
Can be reviewed to determine WON the president acted with abuse
of jurisdiction
David v. Arroyo
Categories of the power of the president
Calling out Power (Commander-in-Chief)
-Qualified, Condition (time limit, review by other branches
etc)
Taking Care power(Civilian President)
-Faithful Execution-law enforcementrpc
Emergency Power(Delegated by the Congress)
-not limited to typhoons/calamities, any national emergency
-Power of the Congress but delegated to the President; taking
over private utilities
Navales v. Abaya
Jurisdiction of Courts- depends on the charge
Violation of Articles of War- Military Court Violation of RPC,
Civilian offense- RTCcivilian courts
-
8/10/2019 Commander Immunity
3/4
Olaguer v. MC no. 34
Charged civilians- military courts no jurisdiction over
civilians.
Contracting Foreign Loans
Constantino v Cuisia
Buyback Scheme and Bond-conversion (pretermination)
Sell bonds and buyback loans
o Nature of loans, not limited to those which are expressed in
the the consti
Signals financial stability
o Can do so, necessarily implied
WON the president can delegate the power to contract loans to
his alter egos
o Yes, alter ego, qualified political agency
Foreign Affairs Power (acting as head of state)
o
Vinuya v Romulo
-Discretion , cannot be reviewed
o
PMPF v. Manglapus
-confidentiality of foreign negotiations- privilege of the
president as the head of state
-cannot be compelled to divulge information
o Nicolas v. Romulo
-WON VFA is valid
Contention, not valid because not ratified by the congress of
the US
-Yes-
1st
argument- ratification by U.S congress internal,cannot inquire
to the system
2ndargument- need not be ratified by congress, not a treaty ,
just implementation of a
treaty.
-
8/10/2019 Commander Immunity
4/4
Comm of Customs- invoice in dollars, not a treaty, just an
agreement to implement existing treaties
