Article VII

SECTION 18. xxx he may, for a period not exceeding sixty days, suspend the privilege of the writ of
habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours
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. xxx 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 following such proclamation or
suspension, convene in accordance with its rules without any need of a call.xxx

A state of martial law does not suspend the operation of the Constitution. It cannot supplant the
functioning of the civil courts or legislative assemblies, because Marcos closed the Congress,
nor automatically suspend the privilege of the writ. The declaration of the Martial law does not
automatically suspend the privilege of the writ.

All these measures ensure that the immense power of martial law cannot be abused by the
President. With all these checks and balances, martial law can only be declared when there is
sufficient factual basis to declare it, as competently reviewed by the Supreme Court. Moreover,
additional specifics are laid out to protect citizens from abuse under the suspension of the writ of
habeas corpus.

ARTICLE VIII

SECTION 1. The judicial power shall be vested in one Supreme Court and in such lower courts as may be
established by law. Judicial power includes the duty of the courts of justice to settle actual controversies
involving rights which are legally demandable and enforceable, and to determine whether or not there has
been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or
instrumentality of the Government.

SECTION 5. The Supreme Court shall have the following powers:

(a) All cases in which the constitutionality or validity of any treaty, international or executive agreement,
law, presidential decree, proclamation, order, instruction, ordinance, or regulation is in question.

(b) All cases involving the legality of any tax, impost, assessment, or toll, or any penalty imposed in
relation thereto.

The Judicial branch of government envisaged in the 1987 Constitution was a strong and independent
judiciary, to serve as the guardian of the Constitution and the guarantor of the basic constitutional rights
of the people, and to provide horizontal accountability by serving as a stronger check on the executive
branch. The 1987 Constitution gave members of courts security of tenure. It also gave the Supreme Court
expanded powers of judicial review as a form of political insurance so that it could be a forum to
challenge the constitutionality of legislation, to interpret the Constitution and, in general, to enable the
judiciary to monitor the executive branch for any abuse. This is in response to the judiciary’s experience
under the Marcos regime and the regime’s oppression.

ARTICLE VIII

SECTION 8. (1) A Judicial and Bar Council is hereby created under the supervision of the Supreme
Court composed of the Chief Justice as ex officio Chairman, the Secretary of Justice, and a representative
of the Congress as ex officio Members, a representative of the Integrated Bar, a professor of law, a retired
Member of the Supreme Court, and a representative of the private sector.

The Constitution also established the Judicial and Bar Council (JBC), whose principal function
is to screen appointees and recommend them to the judiciary to enhance the independence,
integrity and legitimacy of the appointment process. To avoid the abuse of appointing authority
to put people of his choice in key positions. This is to ensure that the appointees in the judicial
branch holding the highest positions are truly qualified and not merely appointed because of the
sole will of the appointing authority which in this case is the president. And in effect they become
useless in the administration of justice.

ARTICLE XIII

Section 17. (1) There is hereby created an independent office called the Commission on Human Rights.

The Commission on Human Rights of the Philippines (CHR) was tasked with regularly
recording of extrajudicial killings, enforced disappearances, torture and other human rights
issues specifically pertaining to the right to life. It is a common knowledge that during Martial
Law, there were countless cases of brutality and other barbaric crimes committed by a number
of men in uniform. The creation of this commission was to ensure that a dedicated body is there
to seek justice for those who suffered injustices against abusive government authorities. The
Commission may not be as powerful as other agencies in the government when it comes to
prosecuting offenders against human rights, still, the mere presence of this commission at least
give a second thought to those abusive authorities to somehow do away from practices that are
not within the bounds of their power. In essence the Commission's power is only investigative
but this power is also very significant in eradicating abuses.

ARTICLE II

SECTION 3: Civilian Authority is, at all times, supreme over the military. The Armed Forces of the
Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State
and the integrity of the national territory.

It is not supremacy of civilian officers, who are in power. It is the Supremacy of President (not
necessarily a military man) over the military. It is the Supremacy of the Senators, the elected
officers, civilian over the military. Civilian Authority is supreme over the military. Sovereignty of
the people is supreme over the military.
The second and third sentences acquire notorious interpretation. According to Bernas, the
military has a political role and the political role of the military is found in the sentence – its
goal is to secure the sovereignty of the state and the integrity of the national territory. The
military exercise of political power can be justified as a last resort when civilian authority has
lost its legitimacy.

ARTICLE VII

SECTION 12. In case of serious illness of the President, the public shall be informed of the state of his
health. The Members of the Cabinet in charge of national security and foreign relations and the Chief of
Staff of the Armed Forces of the Philippines, shall not be denied access to the President during such
illness

This is a reaction to Marcosian Rule, when Aquino was assassinated, there was a story
circulating that Marcos when told about the killing of Aquino, threw astray to Imelda. It was so
because that time, Marcos had lupus and nobody could go to Marcos except for Imelda or
trusted people.

ARTICLE VII

Section 20. The president may contract or guarantee foreign loans on behalf of the republic of the
Philippines with the prior concurrence of the monetary board, and subject to such limitations as may be
provided by law. The monetary board shall, within thirty days from the end of every quarter of the
calendar year, submit to the congress a complete report of its decisions on applications for loans to be
contracted or guaranteed by the government or government-owned and controlled corporations which
would have the effect of increasing the foreign debt, and containing other matters as may be provided by
law.

The president may contract or guarantee foreign loans but only with the prior concurrence of
the Monetary Board, and subject to such limitations as may be provided by law. The reason the
monetary board is required to give reports of action taken on loans and guarantees is that it
allows the congress to act on whatever legislation may be needed to protect public interest.

In connection to Marcos regime:

Preamble

Section 4, Article II

Section 25, Article II

Section 2, Article III

Section 6, Article III

Section 12, Article III

Section 15, Article III

Section 1, Article VI

Section 1, Article VII

Section 12, Article VII

Section 18, Article VII

Section 20, Article VII

Section 1, Article VIII

Section 1, Article X

Section 2, Article XI

Section 17, Article XII

Section 4, Article XVII

Section 21, Article XVIII

Check and Balance:

CHEKED AND BALANCE BY:

SECTION 18, ARTICLE 7. The SECTION 13, ARTICLE 3. All persons,
President shall be the Commander-in- except those charged with offenses
Chief of all armed forces of the punishable by reclusion perpetua when
Philippines and whenever it becomes evidence of guilt is strong, shall, before
necessary, he may call out such armed conviction, be bailable by sufficient
forces to prevent or suppress lawless sureties, or be released on
violence, invasion or rebellion. In case recognizance as may be provided by
of invasion or rebellion, when the public law. The right to bail shall not be
safety requires it, he may, for a period impaired even when the privilege
not exceeding sixty days, suspend the of the writ of habeas corpus is
privilege of the writ of habeas suspended. Excessive bail shall not be
corpus or place the Philippines or required.
any part thereof under martial law.
Within forty-eight hours 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.

SECTION 15, ARTICLE VIII. (1) All SECTION 19, ARTICLE VII. Except in
cases or matters filed after the cases of impeachment, or as otherwise
effectivity of this Constitution must provided in this Constitution, the
be decided or resolved within President may grant reprieves,
commutations and pardons, and remit
twenty-four months from date of
fines and forfeitures, after conviction by
submission for the Supreme Court, final judgment
and, unless reduced by the Supreme
Court, twelve months for all lower
collegiate courts, and three months
for all other lower courts.

(2) A case or matter shall be

deemed submitted for decision or
resolution upon the filing of the last
pending, brief, or memorandum
required by the Rules of Court or by
the court itself.

(3) Upon the expiration of the

corresponding period, a certification
to this effect signed by the Chief
Justice or the presiding judge shall
forthwith be issued and a copy
thereof attached to the record of the
case or matter, and served upon the
parties. The certification shall state
why a decision or resolution has not
been rendered or issued within said
period.

(4) Despite the expiration of the

applicable mandatory period, the
court, without prejudice to such
responsibility as may have been
incurred in consequence thereof,
shall decide or resolve the case or
matter submitted thereto for
determination, without further
delay.
SECTION 17, ARTICLE XII. In times of SECTION 23. (2), ARTICLE VI. In
national emergency, when the public times of war or other national
interest so requires, the State may, emergency, the Congress may, by
during the emergency and under law, authorize the President, for a
reasonable terms prescribed by it,
limited period and subject to such
temporarily take over or direct the
operation of any privately owned public
restrictions as it may prescribe, to
utility or business affected with public exercise powers necessary and
interest. proper to carry out a declared
national policy. Unless sooner
withdrawn by resolution of the
Congress, such powers shall cease
upon the next adjournment thereof.

SECTION 2, ARTICLE II. The Philippines SECTION 23. (1), ARTICLE VI. The
renounces war as an instrument of Congress, by a vote of two-thirds of
national policy, adopts the generally both Houses in joint session
accepted principles of international law assembled, voting separately, shall
as part of the law of the land and
have the sole power to declare the
adheres to the policy of peace, equality,
justice, freedom, cooperation, and
existence of a state of war.
amity with all nations.
(2) In times of war or other national
emergency, the Congress may, by
law, authorize the President, for a
limited period and subject to such
restrictions as it may prescribe, to
exercise powers necessary and
proper to carry out a declared
national policy. Unless sooner
withdrawn by resolution of the
Congress, such powers shall cease
upon the next adjournment thereof.

SECTION 1, ARTICLE VI. The legislative SECTION 32, ARTICLE 32. The Congress
power shall be vested in the Congress shall, as early as possible, provide for a
of the Philippines which shall consist of system of initiative and referendum,
a Senate and a House of and the exceptions therefrom, whereby
Representatives, except to the extent the people can directly propose and
reserved to the people by the provision enact laws or approve or reject any act
on initiative and referendum. or law or part thereof passed by the
Congress or local legislative body after
the registration of a petition therefor
signed by at least ten per centum of the
total number of registered voters, of
 which every legislative district must be
represented by at least three per
centum of the registered voters thereof.
SECTION 16, ARTICLE VII. The SECTION 18, ARTICLE VI. There shall
President shall nominate and, with be a Commission on Appointments
the consent of the Commission on consisting of the President of the
Appointments, appoint the heads of Senate, as ex officio Chairman,
the executive departments, twelve Senators and twelve
ambassadors, other public ministers Members of the House of
and consuls, or officers of the armed Representatives, elected by each
forces from the rank of colonel or House on the basis of proportional
naval captain, and other officers representation from the political
whose appointments are vested in parties and parties or organizations
him in this Constitution. He shall registered under the party-list
also appoint all other officers of the system represented therein. The
Government whose appointments Chairman of the Commission shall
are not otherwise provided for by not vote, except in case of a tie. The
law, and those whom he may be Commission shall act on all
authorized by law to appoint. The appointments submitted to it within
Congress may, by law, vest the thirty session days of the Congress
appointment of other officers lower from their submission. The
in rank in the President alone, in the Commission shall rule by a majority
courts, or in the heads of vote of all the Members.
departments, agencies,
commissions, or boards. SECTION 19. The Electoral Tribunals
and the Commission on
The President shall have the power Appointments shall be constituted
to make appointments during the within thirty days after the Senate
recess of the Congress, whether and the House of Representatives
voluntary or compulsory, but such shall have been organized with the
appointments shall be effective only election of the President and the
until after disapproval by the Speaker. The Commission on
Commission on Appointments or Appointments shall meet only while
until the next adjournment of the the Congress is in session, at the
Congress. call of its Chairman or a majority of
all its Members, to discharge such
powers and functions as are herein
conferred upon it.

SECTION 20, ARTICLE VII. The SECTION 21, ARTICLE XII. Foreign
President may contract or guarantee loans may only be incurred in
foreign loans on behalf of the accordance with law and the
Republic of the Philippines with the regulation of the monetary
prior concurrence of the Monetary authority. Information on foreign
Board, and subject to such loans obtained or guaranteed by the
limitations as may be provided by Government shall be made
law. The Monetary Board shall, available to the public.
within thirty days from the end of
every quarter of the calendar year,
submit to the Congress a complete
report of its decisions on
applications for loans to be
contracted or guaranteed by the
Government or government-owned
and controlled corporations which
would have the effect of increasing
the foreign debt, and containing
other matters as may be provided
by law.

SECTION 18, ARTICLE VII. The SECTION 1, ARTICLE VIII. The judicial
President shall be the Commander- power shall be vested in one
in-Chief of all armed forces of the Supreme Court and in such lower
Philippines and whenever it courts as may be established by law.
becomes necessary, he may call out
such armed forces to prevent or Judicial power includes the duty of
suppress lawless violence, invasion the courts of justice to settle actual
or rebellion. In case of invasion or controversies involving rights which
rebellion, when the public safety are legally demandable and
requires it, he may, for a period not enforceable, and to determine
exceeding sixty days, suspend the whether or not there has been a
privilege of the writ of habeas grave abuse of discretion amounting
corpus or place the Philippines or to lack or excess of jurisdiction on
any part thereof under martial law. the part of any branch or
Within forty-eight hours from the instrumentality of the Government.
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 following
such proclamation or suspension,
convene in accordance with its rules
without any 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 or the extension
thereof, and must promulgate its
decision thereon within thirty days
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.

The suspension of the privilege of

the writ shall apply only to persons
judicially charged for rebellion or
offenses inherent in or directly
connected with the invasion.

During the suspension of the

privilege of the writ, any person thus
arrested or detained shall be
judicially charged within three days,
otherwise he shall be released.
BEWARE MAY TATLONG MALI DITO

• ARTICLE II. SECTION 1. The Philippines is a democratic and republican State.

Sovereignty resides in the people and all government authority emanates from
them. This provision is a reaction to governmental abuses under Marcos Regime
as in this provision, it already include that the Philippine is a Democratic State.
Also Former President Marcos used the Martial law to exercise his dictatorial
powers. As according to Father Bernas, the addition of the word “Democratic”
means the Philippines is not just a Representative government but also shares
some aspects of direct democracy such as the provision mandating congress to
enact a system of initiative and referendum under Art 6 Sec 32 and likewise
under Art 17 Sec 2- mandating the enactment by congress of a system
amending the constitution by initiative and referendum. • ARTICLE II. SECTION
3. Civilian authority is, at all times, supreme over the military. The Armed Forces
of the Philippines is the protector of the people and the State. Its goal is to
secure the sovereignty of the State and the integrity of the national territory.
This provision is a reaction to governmental abuses under Marcos Regime as in
this provision, the commas were added for emphasis on “at all times” that the
civilian authority supreme over the military. And that Civilian Supremacy is the
final analysis, not a guaranteed supremacy of the civilian officers who are in
power but of supremacy of the sovereign people. The Armed Forces, in this
sense, “is the protector of the people and the State”. It’s goal is to secure
sovereignty of the State and the integrity of the national territory. • ARTICLE II.
SECTION 4. The prime duty of the Government is to serve and protect the
people. The Government may call upon the people to defend the State and, in
the fulfillment thereof, all citizens may be required, under conditions provided
by law, to render personal military or civil service. This provision is a reaction to
governmental abuses under Marcos Regime as in the light of the recent
experience with Marcos Regime which placed inordinate emphasis on national
security, it was understandable that the Commission should opt for a provision
more people-centered than national security-centered. • ARTICLE II. SECTION 12
(2). No torture, force, violence, threat, intimidation, or any other means which
vitiate the free will shall be used against him. Secret detention places, solitary,
incommunicado, or other similar forms of detention are prohibited. This
provision is a reaction to governmental abuses under Marcos Regime as during
their time, the Human Rights of the people were not observed by the
Government. Thus this provision guarantees that no torture, force, violence,
threat, intimidation, or any other means which vitiate the free will shall be used
and mandates the compensation and rehabilitation of victims of torture or
similar practices. • ARTICLE III. Section 15. The privilege of the writ of habeas
corpus shall not be suspended except in cases of invasion or rebellion when the
public safety requires it. This provision is a reaction to governmental abuses
under Marcos Regime as in the 1987 Constitution states that the privilege of the
writ of habeas corpus shall not be suspended. And during the Marcos Regime,
there is a suspension of privilege that seat the limit and power. The
constitutional guarantee protecting personal liberty would be a worthless thing if
its violation were not immediately remediable in law. The Constitutional
Commission of the 1987 Constitution, drawing from the experience under the
authoritarian rule of the President Marcos, built into the system new safeguards
intended to give greater protection to liberty. • Article VII. Section 18. 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, suspend the privilege of the writ of habeas corpus or place the
Philippines or any part thereof under martial law. Within forty-eight hours 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 following such proclamation or
suspension, 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 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, otherwise he shall be
released. This provision is a reaction to governmental abuses under Marcos
Regime as it is the suspension of the imposition of Martial Law and also the
privilege of writ of habeas corpus is suspended. (Note: The privilege of the writ
is suspended and not the writ of habeas courpus) But the initial suspension of
the writ and imposition of Martial law are still for the president to decide but
they can only be for a period not exceeding 60 days. Also it limits the discretion
of the president and put it under the review powers of congress and of the
Supreme Court. • Article VII. Section 20. The President may contract or
guarantee foreign loans on behalf of the Republic of the Philippines with the
prior concurrence of the Monetary Board, and subject to such limitations as may
be provided by law. The Monetary Board shall, within thirty days from the end of
every quarter of the calendar year, submit to the Congress a complete report of
its decisions on applications for loans to be contracted or guaranteed by the
Government or government-owned and controlled corporations which would
have the effect of increasing the foreign debt, and containing other matters as
may be provided by law. This provision is a reaction to governmental abuses
under Marcos Regime, who practically enslaved the Filipinos to foreign banks
and the Constitutional Commission provided a more effective way of checking
the President. The President can no longer contract or guarantee foreign loans
without the concurrence of Monetary Board. In addition, the President and
Monetary Board themselves are subject to such limitations as may be provided
by law.