Article 2, Section 3 of the 1987 Constitution

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.

SUPREMACY OF CIVILIAN AUTHORITY

1. The supremacy of civilian authority over the military at all times even during war time is inherent
in a republican state, the sovereign people being civilians.

2. This provision is a safeguard against the military take-over if the government and a subsequent
military dictatorship.

3. There is a need of an express declaration in the present Constitution that the prime duty of the
Armed Forces is to protect the people and the State due to the experience of the nation during the time
of Martial law under ex-president Marcos when the military was accused of several human rights
abuses and the military were favored in various way.

4. The President of the Republic of the Philippines is the head of the civilian government, and, at the
same time, the Commander in Chief of the Armed Forces of the Philippines. The supremacy of
civilian authority is expressly provided since the resources of the military should not be disregarded.

Civilian control of the military is a doctrine in military and political science that places ultimate
responsibility for a country's strategic decision-making in the hands of the civilian political leadership,
rather than professional military officers. The reverse situation, where professional military officers
control national politics, is called a military dictatorship. A lack of control over the military may result
in a state within a state. One author, paraphrasing Samuel P. Huntington's writings in The Soldier and
the State, has summarized the civilian control ideal as "the proper subordination of a competent,
professional military to the ends of policy as determined by civilian authority".

Supremacy of Civilian Authority Over Military Authority (Sec. 3, Art. II)

This is inherent in a republican state like the Philippines and it was impliedly provided in our past
constitutions. Because of our experience in martial law rule, however, the framers of our 1987
Constitution deemed it proper to make a clear expression of this policy.
THE MILITARY POWER
The military power enables the President to:
1. command all the armed forces of the Philippines;
2. suspend the privilege of the writ of habeas corpus; and
3. declare martial law.

Command of the Armed Forces

Based on the constitutional principle of the supremacy of the civilian authority over the military, the
President is held as the Commander-in-Chief of all the armed forces. Whenever necessary, he may
call out such armed forces to prevent or suppress violence, invasion or rebellion only.

Habeas Corpus
The 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 common law writ of ancient origin the great object of
which is the liberation of those who may be in prison without sufficient cause. (Moran)

The President is entrusted the power to suspend the privilege of the writ of habeas corpus. Note that
what is suspended is not the writ itself but only the privilege of it. This means that when the court
receives an application for the writ, and it finds the petition in proper form, it will issue the writ as a
matter of course, i.e., the court will issue an order commanding the production before the court of the
person allegedly detained, at a time and place stated in the order, and requiring the true cause of his
detention to be shown to the court. If the return to the writ shows that the person in custody was
apprehended and detained in areas where the privilege of the writ has been suspended or for crimes
mentioned in the executive proclamation, the court will suspend further proceedings in the action.
(Cruz, 2002)

Martial Law
Martial law refers to that law which has application when the military arm does not supersede civilian
authority but is called upon to aid it in the execution of its civil function.

During martial law, there is no new powers given to the executive, no extension of arbitrary authority
is recognized, no civil rights are suspended. The relations between the state and its citizens is
unchanged. The interference that may be caused to personal freedom or property rights must always
be based on necessity.

Limitations of the Military Powers

The military powers of the President is not absolute. The following are the limitations on the military
powers of the President:

He may call out the armed forces when it becomes necessary to prevent or suppress lawless violence,
invasion or rebellion only.

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 the public safely requires it.

The duration of such suspension or proclamation shall not exceed sixty days, following which it shall
be automatically lifted.
Within forty-eight hours after such suspension or proclamation, the President shall personally or in
writing report his action to the Congress. If not in session, Congress must convene within 24 hours
without need of a call.

The Congress may then, by a majority vote of all its members voting jointly, revoke his action.
The revocation may not be set aside by the President.

By the same veto 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 the Congress if the invasion or
rebellion shall continue and the public safety requires the extension.

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
filed.

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.
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.
Any person arrested for such offense must be judicially charged therewith within three days.
Otherwise he shall be released.