ARTICLE VIISECTION 18

The Commander-in-Chief of all armed forces of the Philippines Armed Forces of the Philippines

(AFP) Army Navy Air Force 

THE PRESIDENT SHALL BE…

The President is empowered to utilize in meeting emergency situations.

He is authorized whenever it becomes necessary to call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion

Military power of the President

The President has the control of the military organization and personnel whether in peace time or in war time.

He is also empowered to create military tribunals to try persons who violate military laws or commit crimes against national security

Powers of the President as Commander-in-Chief of the Armed Forces

Congress shares with the President the authority over the armed forces.

It supplies the money and makes the laws for their governance

to it belong the sole power to declare the existence of a state of war.

Authority of the Congress over the Armed Forces

A writ of habeas corpus, also known as the great writ, is a summons with the force of a court order;

two conditions are necessary in order that the President may suspend the privilege of the writ there must be invasion or rebellion the public safety must require the

suspension

Power to suspend privilege of writ of habeas corpus

the condition for a valid suspension of the privilege of writ of habeas corpus are also the requisites for the declaration of martial law by the President.

the constitution make it clear that the proclamation of martial law does not automatically suspend the writ of habeas corpus

a person arrested or detained must be released if not judicially charged within 3 days

Power to declare martial law

there must be (actual) invasion or rebellion and public safety requires the proclamation or suspension

the duration shall not exceed 60 days unless extended by the Congress upon the initiative of the President

the President must submit a report in person or in writing to Congress within 48 hours of the proclamation or suspension

Restrictions on the exercise of the two powers

the proclamation or suspension may be revoked by majority votes of all the members of the Congress

the Supreme Court may inquire into the sufficiency of the factual basis of the proclamation or suspension

the effects of a stat of martial law are clearly spelled out to define the extent of the martial law power

operation of the Constitution functions of civil courts and legislative

assemblies Jurisdictions of military courts and agencies privileges of the writ of habeas corpus

Effects of a state of Martial Law