5. Commander-in-Chief Powers

Extraordinary/Commander-in-Chief Powers Differentiated

(Lagman v. Medialdea, G.R. No. 231658, July 4, 2017; IBP v. Zamora, G.R. No. 141284, Aug. 15, 2000)

Graduation of the Extraordinary Powers

The 1987 Constitution gives the President a sequence of graduated power[s]. From the most to the least benign, these are: the calling out power, the power to suspend the privilege of the writ of habeas corpus, and the power to declare martial law. It must be stressed, however, that the graduation refers only to hierarchy based on scope and effect. It does not in any manner refer to a sequence, arrangement, or order which the Commander-in-Chief must follow. This so-called "graduation of powers" does not dictate or restrict the manner by which the President decides which power to choose.

The power to choose, initially, which among these extraordinary powers to wield in a given set of conditions is a judgment call on the part of the President.

It is thus beyond doubt that the power of judicial review does not extend to calibrating the President's decision pertaining to which extraordinary power to avail given a set of facts or conditions. To do so would be tantamount to an incursion into the exclusive domain of the Executive and an infringement on the prerogative that solely, at least initially, lies with the President. (Lagman v. Medialdea, G.R. No. 231658, July 4, 2017)

Commander-in-Chief Powers

The President is the commander-in-chief of all armed forces of the Philippines. The ability of the President to require a military official to secure prior consent before appearing before Congress pertains to a wholly different and independent species of presidential authority — the commander-in-chief powers of the President. By tradition and jurisprudence, the commander-in-chief powers of the President are not encumbered by the same degree of restriction as that which may attach to executive privilege or executive control.

Graduated Powers (From most to least benign)

• Calling out power: He may call out such armed forces to prevent or suppress lawless violence, invasion, or rebellion.
• Power to suspend PWHC: He may suspend the privilege of the writ of habeas corpus.
• Power to declare ML: He may proclaim martial law over the entire Philippines or any part thereof [Sanlakas v. Executive Secretary, G.R. No. 159085 (2004)].

Two conditions for exercise of the latter two powers:

• An actual invasion or rebellion, AND
• Public safety requires the exercise of such power.

These conditions are not required in the exercise of the calling out power. The only criterion is that ‘whenever it becomes necessary,’ the President may call the armed forces ‘to prevent or suppress lawless violence, invasion or rebellion.’ [Sanlakas v. Executive Secretary, supra]

Outside explicit constitutional limitations, the commander-in-chief clause vests in the President, as commander-in-chief, absolute authority over the persons and actions of the members of the armed forces. Such authority includes the ability of the President to restrict the travel, movement and speech of military officers, activities which may otherwise be sanctioned under civilian law [Gudani v. Senga, G.R. No. 170165 (2006)].