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Decision 44<br />
G.R. Nos. 171396,<br />
171400<br />
171409, 171424, 171483<br />
171485, 171489<br />
power to declare Martial Law. Citing Integrated Bar of the Philippines v.<br />
Zamora, 112 the Court ruled that the only criterion for the exercise of the<br />
calling-out power is that “whenever it becomes necessary,” the President<br />
may call the armed forces “to prevent or suppress lawless violence,<br />
invasion or rebellion.” Are these conditions present in the instant cases?<br />
As stated earlier, considering the circumstances then prevailing, President<br />
Arroyo found it necessary to issue PP 1017.<br />
Owing to her Office’s vast<br />
intelligence network, she is in the best position to determine the actual<br />
condition of the country.<br />
Under the calling-out power, the President may summon the armed<br />
forces to aid him in suppressing lawless violence, invasion and rebellion.<br />
This involves ordinary police action. But every act that goes beyond the<br />
President’s calling-out power is considered illegal or ultra vires. For this<br />
reason, a President must be careful in the exercise of his powers. He cannot<br />
invoke a greater power when he wishes to act under a lesser power. There<br />
lies the wisdom of our Constitution, the greater the power, the greater are the<br />
limitations.<br />
It is pertinent to state, however, that there is a distinction between the<br />
President’s authority to declare a “state of rebellion” (in Sanlakas) and the<br />
authority to proclaim a state of national emergency. While President<br />
Arroyo’s authority to declare a “state of rebellion” emanates from her<br />
powers as Chief Executive, the statutory authority cited in Sanlakas was<br />
Section 4, Chapter 2, Book II of the Revised Administrative Code of 1987,<br />
which provides:<br />
SEC. 4. – Proclamations. – Acts of the President fixing a<br />
date or declaring a status or condition of public moment or interest,<br />
upon the existence of which the operation of a specific law or<br />
regulation is made to depend, shall be promulgated in<br />
proclamations which shall have the force of an executive order.<br />
112<br />
Supra.