MILITARY POWER

-The president shall be the Commander-in-chief of all armed forces.

- He may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion.

-in case of invasion or rebellion, when public safety requires, he may, for a period not exceeding 60
days.

-privilege of the writ of habeas corpus is suspended.

Martial Law refers to all laws that has reference to or is administered by the military forces of the state
includes:

 The military law power, that is, the body of administrate laws created by Congress for the
governance of the army and the navy as an organized force.
 The principles governing the conduct of military forces in times of war and government of
occupied territory; and
 That law whichc has application when the military arm does not supersede civil authority but is
called upon to aid in the execution of civil functions.

Limitations on the exercise of Military power.

1. Calling out of power (of the armed forces) may only be done when necessary to prevent or
suppress lawless violence, invasion or rebellion only.
2. The grounds of suspension of privilege of the writ of habeas corpus and proclamation of martial
law are now limited only to invasion or rebellion, when public safely requires it;
3. The duration of such suspension or proclamation shall not exceed 60 days, following which it
shall be automatically lifted.
4. Within 48 hours after such suspension or proclamation, the president shall personally or in
writing report his action to the congress. The congress, if not in session, must convene within 24
hours without need of a call. The congress may then, by a majority vote of all its members
voting jointly, revoke his actions;
5. Such revocation of Congress may not be set aside by the President;
6. In the same manner, the congress may, upon the initiative of the president, extend of his
suspension or proclamation for a period to be determined by the congress if the invasion or
rebellion shall continue and the public safety requires the extension;
7. The action of the President and the Congress shall be subject to review by the Supreme Court
which shall have the authority to determine the sufficiency of factual basis of such action. This
matter is no longer considered a political question and may be raised in an appropriate
proceedings by any citizen. Moreover, the Supreme Court must decide the challenge within 30
days form the time it is filed;
8. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the
operation of the Constitution. The civil courts and legislative bodies shall remain open, Military
 courts and agencies and agencies are not conferred jurisdiction over civilians where the civil
courts are functioning.
9. The suspension of the privilege of habeas corpus shall apply only to persons facing charges of
rebellion or offenses inherent in or directly connected with invasion
10. Any person arrested for such offense must be judicially charged therewith within three days.
Otherwise, he shall be released.

Check available to prevent abuse of power in the exercise of such awesome power

1. Legislative Check- the congress will convene within 24 without call after the proclamation. At
least majority of the congress may revoke such proclamation. President may not set aside the
revocation.
2. Judicial check- the supreme court will review the sufficiency of the factual basis of the
proclamation. Decision must be promulgated within 30 days.

Pardoning power of the President.

1. Pardon-is an act of grace which exempts the individual on whom it is bestowed from
punishment which the law inflicts for the crime he has committed.
2. Reprieve- withdrawal or withholdings of punishment for a time after conviction and sentence.

Commutation- reduction of penalty from a greater punishment to a lighter one

3. Parole- is the suspension of the execution of penalty and temporarily releases the convict from
imprisonment on condition which he is at liberty to reject. Although the prisoner is conditionaly
released, the sentence is not set aside.
4. Amnesty- act of sovereign power granting oblivion or a general pardon for past offense, the
offense is usually committed are political crimes.
Classes of pardon;
1. Absolute- president does not impose any conditions.
2. Conditional- the president attaches certain terms or qualifications as he deems.
A pardon once delivered by the chief executive and accepted by the pardonee can no longer
be revoked. However if it is still not delivered and accepted the same may be withdrawn.