The President is not only a civil official, he is also in a sense a military officer.
He is not however a member of the armed forces therefore he is not subject
to court martial or military discipline
Shares with the President his authority over the armed forces
Supplies the money and makes the laws for their governance
To it belongs the sole power to declare the existence of a state of war. (Art.
VI, Sec. 23[1].)
Conditions
a. There must be invasion or rebellion at the time of the suspension
b. The public safety must require the suspension
The suspension must not exceed 60 days
Persons covered by suspension
a. Shall apply only with respect to persons judicially charged for rebellion
or offenses inherent in, or directly connected with invasion
b. A person arrested or detained must be released if not judicially
charged within 3 days.
Conditions
a. The requisites for the declaration of martial law of the President is the
same as the conditions for a valid suspension of the writ of habeas
corpus
Scope
a. Power to make all needful rules and regulations with the force of law
until termination of martial rule
b. The President along with the aid of the armed forces may place the
whole country or only a part the country
c. Only resorted to when the emergency situation requires stronger
measures to ensure the safety of the nation
Basis
o One of the rights of sovereignty is to declare, apply and exercise
martial law
o The power is founded on necessity and is inherent in every
government
Object
o Preservation of the public safety and good order
Duration
o Must not exceed beyond the exigency which it call forth or exceed 60
days
There must be actual invasion or rebellion and public safety requires the
proclamation or suspension
Shall not exceed 60 days unless extended by the Congress or as requested
by the President but the Congress will determine the period of the extension
The President must submit a report in person or in writing to the Congress
within 48 hours to guide the Congress as to which action to take, i.e.
revocation or suspension
Congress must review the proclamation. The proclamation or suspension may
be revoked by majority vote of all the members of Congress.
o In case of extension the actions of both the President and the Congress
may be subject to judicial review
The two powers cannot be exercised as a preventive measure, an invasion or
rebellion must already be existing at the time of proclamation
The effects of a state of martial law are clearly spelled out, to define the
extent of the martial law power
Meaning of commutation
Meaning of pardon
Exempts the individual on whom it is bestowed, from the punishment the law
inflicts for a crime he has committed
Kinds of pardon
The President has the power to remit fines and forfeitures for all offenses
after final conviction.
The Congress may constitutionally authorize other officers to remit
administrative fines and forfeitures
Remission prevents the collection of fines and the confiscation of forfeited
property
Meaning of amnesty
Act of the sovereign power granting oblivion or a general pardon for a past
offense usually granted to those who have committed crimes of political
character
Effect of amnesty
Abolishes and puts into oblivion the offense of which one is charged, as
though he had committed no offense
would have the effect of increasing the foreign debt, and containing other
matters as may be provided by law.
Authority to contract and guarantee foreign loans
SEC. 21. No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds. of all the Members of the Senate.
Meaning of treaty
The budget submitted would be the basis of the general appropriations act to
be enacted by the Congress for the following year
SEC. 23. The President shall address the Congress at the opening of its
regular session. He may also appear before it at any other time.
Prerogative to address and appear before Congress
At the opening of the regular session of Congress, the President has the
opportunity to give information about the state of the nation and to
recommend to the legislative body such measures as he may deem
necessary and proper
The President may appear before the Congress at any time he may choose
after the opening of its regular session