Question A.7, Political Law, 2019 Bar Exam

The continuing threat to the security of the State in various parts of the country prompted the National Security Adviser of the President to adopt a “Comprehensive National Security Strategy (CNSS)” with the following components:

Component 1: During a state of emergency, the President, in the exercise of his power of general supervision, may delegate to the heads of local government units (LGUs), through an administrative issuance, the power to call-out the Armed Forces of the Philippines (AFP) for a more effective and immediate response to the ground situation; and,

Component 2: In declaring Martial Law, the President, in a preemptive action and without waiting for the recommendation of the Secretary of National Defense and the AFP, may rely upon any intelligence information he may have gathered through other sources.

Disturbed by the strategy’s supposed infirmities, a concerned citizens’ organization raised the constitutionality of the two (2) components of the CNSS before the Supreme Court.

(a) Is component 1 of the CNSS constitutional? Explain. (2.5%)

(b) Is component 2 of the CNSS constitutional? Explain. (2.5%)

Suggested Answer:

(a) No. Answer

Under the 1987 Constitution and jurisprudence, the calling-out powers may only be exercised solely by the President and may not be delegated. Rule

In the case at bar, Component 1 violates the requirement that President alone shall exercise the calling-out powers and the same cannot be delegated to anyo...