LIMITATIONS

OF THE MILITARY POWER 1. He may call out the armed forces when it becomes necessary to prevent or suppress lawless violence, invasion or rebellion only 2. The grounds for the suspension of the privilege of the writ of habeas corpus and the proclamation of martial law are now limited only to invasion or rebellion when public safety requires it 3. The duration of such suspension or proclamation shall not exceed sixty days following which it shall be automatically lifted 4. Within forty-eight hours after such suspension or proclamation, the President shall personally or in writing report his action to Congress. If not in session, Congress must convene within 24 hours without need of a call 5. The Congress may then, by a majority vote of all its members voting jointly revoke his action 6. The revocation may not be set aside by the President 7. By the same vote and in the same manner, the Congress may, upon initiative of the President, extend his suspension or proclamation for a period to be determined by Congress if the invasion or rebellion shall continue and the public safety requires the extension 8. 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 the factual basis of such action. This matter is no longer considered a political question and may be raised in an appropriate proceeding by any citizen. Moreover, the Supreme Court must decide the challenge within thirty days from the time it is filedsd 9. Martial law does not automatically suspend the privilege of the writ of habeas corpus or the operation of the Constitution. The civil courts and the legislative bodies shall remain open. Military courts and agencies

are not conferred jurisdiction over civilians where the civil courts are functioning. 10. The suspension of the privilege of the writ of habeas corpus shall apply only to persons facing charges of rebellion or offenses inherent in or directly connected with invasion 11. Any person arrested for such offense must be judicially charged therewith within three days. Otherwise he shall be released.

WRIT OF HABEAS CORPUS Is a writ directed to the person detaining another, commanding him to produce the body of the prisoner at a designated time and place, with the day and cause of his caption and detention, to do, to submit to, and receive whatever the court or judge awarding the writ shall consider in his behalf. It is a high prerogative of common law writ of ancient origin the great object of which is the liberation of those who may be in prison without sufficient cause.

DISTINCTIONS OF AMNESTY AND PARDON 1. Amnesty addressed to crimes against the sovereignty of the State, to political offenses, forgiveness is deemed more expedient for the public welfare than prosecution and punishment Pardon condones infractions of the peace of the State. 2. Amnesty generally addressed to classes or communities of persons Pardon addressed to an individual 3. Amnesty there may or may not be distinct acts of acceptance Pardon there must be distinct acts of acceptance 4. Amnesty requires the concurrence of the Congress Pardon does not require the concurrence of Congress 5. Amnesty is a public act of which the courts take judicial notice Pardon is a private act of the President, which the courts do not take judicial notice 6. Amnesty looks backward and abolishes and puts into oblivion the offense itself Pardon looks forward and relieve the offender from the consequences of an offense of which he has been convicted

CONSTITUTIONAL SAFEGUARDS OF THE CONSTITUTIONAL COMMISSIONS 1. bodies are created by the Constitution itself and may not be abolished by a statute 2. each of them is expressly described in the Constitution as independent 3. Each of them is conferred certain powers and functions which cannot be withdrawn or reduced by a statute 4. The chairmen and members of all of these Commissions may not be removed from office except by impeachment 5. The chairmen and members of all of these Commissions are given the fairly long term of seven years 6. The terms of office of the chairmen and members of all of the Commissions are staggered in such a way as to lessen the opportunity for appointment of the majority of the body by the same President 7. The chairmen and members of all of these Commissions may not be reappointed or appointed in an acting capacity 8. The salaries of the chairmen and members of all of the Commissions are relatively high and may not be decreased during their continuance in office 9. The Commissions all enjoy fiscal autonomy 10. Each Commission may promulgate its own procedural rules 11. The chairmen and members of all of these Commissions are subject to certain disqualifications and inhibitions calculated to strengthen their integrity 12. The Constitutional Commissions are allowed to appoint their own officials and employees in accordance with the Civil Service Law

FUNCTIONS OF EACH CONSTITUTIONAL COMMISSION Civil Service Commission (CSC) central personnel agency of the Government; embraces all branches, subdivisions, instrumentalities, and agencies of the Government, including government owned or controlled corporations with original charters (Article IV-B, Section 2(1)) Commission on Elections (COMELEC) a) supervision of elections b) enforcement of elections laws c) decision of election contests d) decision of administrative questions e) deputization of law-enforcement agencies f) registration of political parties g) improvement of elections Commission on Audit (COA) watchdog of the financial operations of the Government Article IX-D, Section 2(1)

CAREER POSTIONS APPOINTED BY THE PRESIDENT a) foreign service officers in the Department of Foreign Affairs (DFA) b) commissioned officers and enlisted men of the Armed Forces c) personnel of government-owned and controlled corporations, whether performing governmental or proprietary functions, who do not fall under the non- career service d) permanent laborers, whether skilled, semi-skilled, or unskilled

EXCEPTIONS TO THE APPOINTMENTS OF THE CSC a) policy determining position one charged with the laying down of principal or fundamental guidelines or rules b) primarily confidential position denoting no only confidence in the aptitude of the appointee for the duties of the office but primarily close intimacy which ensures freedom of intercourse without embarrassment or freedom from misgiving or betrayals of personal trust on confidential matters of the State, or one declared to be so by the President, or upon recommendation of the CSC. c) Highly technical postion requires the appointee to possess technical skill or training in the supreme or superior degree

PARTISAN POLITICAL ACTIVITY means active support for or affiliation with the cause of a political party of candidate. becoming actively identified with the success or failure of any candidate or candidates for election for public office

 IMPEACHABLE OFFICERS 1. President 2. Vice-President 3. Members of Supreme Court 4. Members of the Constitutional Commissions 5. Ombudsman

 GROUNDS FOR IMPEACHMENT 1. Culpable violation of the Constitution 2. Treason 3. Bribery 4. Graft and Corruption 5. Other high crimes 6. Betrayal of public trust