THE Consultative Committee is studying a proposal to insert a provision in the Constitution that would give the President the power to declare a state of war if Congress is unable to do so.
“In the event Congress is unable to convene, the President, as Commander-in-Chief, has the power to declare the existence of a state of war and shall exercise all powers necessary,” reads the proposed new line.
The line was presented to reporters on Thursday.
In the House,Speaker Pantaleon Alvarez said there was no stopping President Rodrigo Duterte’s proposed constitutional amendments to effect a federal-presidential form of government.
He said the Partido ng Demokratikong Pilipino was pushing for federalism to ensure inclusive development, particularly of the poor and neglected areas of the country.
“We need to prepare for the future,” Alvarez said. He said the congressional leaders will not surrender their effort to push Cha-Cha despite the latest Pulse Asia survey showing that a majority of Filipinos or 64 percent oppose it.
On Wednesday, President Duterte’s Consultative Committee to review the 1987 Constitution voted to unanimously adopt its proposed provisions meant to strengthen the Philippine political party system in the new Constitution it is drafting.
During its en banc session, the Concom voted to adopt three proposed provisions on Political Party Registration (Section 3), Party Candidate Selection and Nomination (Section 4), and Party-Switching Ban (Section 5).
These sections constitute a proposed new article in the Constitution to be called “Political Rights, Suffrage and Political Parties,” Concom member Julio Cabral Teehankee said.
Some Con-Com members proposed inserting the provision giving the President the power to declare a state of war to the line in the 1987 Constitution that goes: “The Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.”
However, adding that line is a mere proposal at this point. The Con-Com subcommittee in charge of the provisions on the legislative branch has yet to vote on it.
“It was pointed out to us that there may be a situation when Congress cannot possibly meet and therefore may not be able to declare such a situation [state of war],” Con-Com member and former justice Antonio Nachura explained the rationale behind possibly adding that line.
He said that would even allow the President to “exercise other powers” related to a state of war, including the declaration of martial law.
In the 1987 Constitution, the President can declare martial law by himself but must notify Congress in writing within 48 hours and Congress may revoke the declaration.
Asked how the Con-Com proposes to provide a check on a possible abuse by the President of this power to declare a state of war without Congress, Nachura said it was up to Congress to assert itself.
“Congress itself should provide the safeguard. If Congress can meet at any time after that, they can undo what the President did,” he said. with PNA
