19 art vii of the constitution does not distinguish

Info iconThis preview shows page 1. Sign up to view the full content.

View Full Document Right Arrow Icon
This is the end of the preview. Sign up to access the rest of the document.

Unformatted text preview: he principle announced in Art. II, Sec. III is bolstered. Thus, the Constitution lessens the danger of a military take‐over of the government in violation of its republican nature. The President as Commander‐in‐Chief can prevent the Army General from appearing in a legislative investigation and, if disobeyed, can subject him to court martial. (Gudani v. Senga, G.R. No. 170165, Aug. 15, 2006) 2. Q: Distinguish control from supervision. A: CONTROL An officer in control lays down the rules in the doing of an act. If the rules are not followed, the officer in control may, in his discretion, order the act undone or re‐done by his subordinate or he may even decide to do it himself. SUPERVISION The supervisor or superintendent merely sees to it that the rules are followed, but he himself does not lay down such rules. The supervisor does not have the discretion to modify or replace them. If the rules are not observed, he may order the work done or re‐ done but only to conform to the prescribed rules. (Drilon v. Lim, G.R. No. 112497, Aug. 4, 1994) Note: The declaration of a state of emergency is merely a description of a situation which authorizes her to call out the Armed Forces to help the police maintain law and order. It gives no new power to her, nor to the police. Certainly, it does not authorize warrantless arrests or control of media. (David v. Ermita, G.R. No. 171409, May 3, 2006) The Constitution does not require the President to declare a state of rebellion to exercise her calling out power grants. Section 18, Article VII grants the President, as Commander‐in‐Chief a “sequence” of “graduated powers.” (Sanlakas v. Executive Secretary, G.R. No. 159085, Feb. 3, 2004) Note: The power of supervision does not include the power of control; but the power of control necessarily includes the power of supervision. 3. e. COMMANDER‐IN‐CHIEF POWERS Q: What is the scope of the President’s Commander‐in‐Chief powers? A: 1. Command of the Armed Forces – The Commander‐in‐Chief clause vests on the President, as Commander‐in‐Ch...
View Full Document

This document was uploaded on 03/12/2014.

Ask a homework question - tutors are online