(1) Distinguish the President’s authority to declare a state of rebellion from the authority to proclaim a state of national emergency. (2%)
(2) What are the limitations, if any, to the pardoning power of the President? (3%)
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Declaring a state of rebellion springs from the calling-out power, while proclaiming an emergency stems from the executive duty to enforce laws. Meanwhile, the pardoning power is subject to constitutional limits. Under Section 18, Article
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Quick check
From which constitutional authority does the President's power to declare a state of rebellion derive?
The authority to declare a state of rebellion is an exercise of the President's calling-out power under Section 18, Article VII of the Constitution.
What is required before the President can exercise emergency legislative powers during a state of national emergency?
Under Section 23(2), Article VI of the Constitution, emergency powers require a specific statutory delegation from Congress.
Which of the following is a strict constitutional prerequisite for the valid grant of an executive pardon?
Section 19, Article VII of the 1987 Constitution requires a final conviction before executive clemency or pardon can be granted.
In which of the following cases is the President constitutionally prohibited from granting executive clemency?
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What condition must be met before the President can grant pardon for violations of election laws under the Constitution?
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1. State of Rebellion
The President's authority to declare a state of rebellion is rooted in the constitutional calling-out power under Section 18, Article VII. This declaration serves as a public signal and factual basis for calling out the Armed Forces of the Philippines to suppress lawless violence and rebellion. It does not suspend the privilege of the writ of habeas corpus nor declare martial law, nor does it grant the Executive extra legislative or emergency powers. The declaration remains an exercise of ordinary police power and executive military authority to restore peace and public order.
2. State of Emergency
Proclaiming a state of national emergency relies on the President's executive power and duty to faithfully execute laws under Section 17, Article VII. While the President may deploy troops to meet public emergencies, declaring a national emergency does not automatically grant legislative emergency powers, such as taking over public utilities or private businesses. Under Section 23(2), Article VI of the Constitution, emergency powers can only be exercised if Congress enacts a law delegating such authority to the President for a limited period and subject to legislative restrictions.
3. Pardoning Power Limitations
The President's executive clemency and pardoning power under Section 19, Article VII are subject to explicit constitutional limitations. A pardon requires a final conviction before it can be validly granted. Furthermore, executive clemency cannot be extended in cases of impeachment, civil or legislative contempt, or violations of election laws without the favorable recommendation of the Commission on Elections under Section 5, Article IX-C. A pardon also does not automatically restore forfeited public offices or exempt the offender from civil liability arising from the crime.