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The President shall have control of all

the executive departments, bureaus, and offices.

He shall ensure that the

laws be faithfully executed.

The

change or modify the decisions of members of the Cabinets and all

president has the power to

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

executive departments, bureaus, and the offices. However, the

short, the President controls all 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.

In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding

sixty days (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 or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report

in person or 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)

or suspension,

following such proclamation

convene in accordance with its rules without need of a call.

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 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

Under

rules the nation as Commander-inChief of the armed forces. By


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. Moreover, these extraordinary

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 .

to grant amnesty with the concurrence of a majority of all the Members of the Congress.

He shall also have the power

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.