04/02/2020
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require new legislation and constitutional amendments, or should the reforms be
restricted only to those solutions which the present laws allow? The answer to this
question requires a discussion of
the extent of the President's power to conduct peace negotiations.
That the authority of the President to conduct peace negotiations with rebel groups
is not explicitly mentioned in the Constitution does not mean that she has no such
authority. In Sanlakas v. Executive Secretary,[168] in issue was the authority of the
President to declare a state of rebellion - an authority which is not expressly
provided for in the Constitution. The Court held thus:
"In her ponencia in Marcos v. Manglapus, Justice Cortes put her thesis
into jurisprudence. There, the Court, by a slim 8-7 margin, upheld the
President's power to forbid the return of her exiled predecessor. The
rationale for the majority's ruling rested on the President's
. . . unstated residual powers which are implied from the
grant of executive power and which are necessary for
her to comply with her duties under the Constitution.
The powers of the President are not limited to what are
expressly enumerated in the article on the Executive
Department and in scattered provisions of the
Constitution. This is so, notwithstanding the avowed intent of
the members of the Constitutional Commission of 1986 to limit
the powers of the President as a reaction to the abuses under
the regime of Mr. Marcos, for the result was a limitation of
specific powers of the President, particularly those relating to
the commander-in-chief clause, but not a diminution of the
general grant of executive power.
Thus, the President's authority to declare a state of rebellion springs in the
main from her powers as chief executive and, at the same time, draws
strength from her Commander-in-Chief powers. x x x (Emphasis and
underscoring supplied)
Similarly, the President's power to conduct peace negotiations is implicitly included
in her powers as Chief Executive and Commander-in-Chief. As Chief Executive, the
President has the general responsibility to promote public peace, and as
Commander-in-Chief, she has the more specific duty to prevent and suppress
rebellion and lawless violence.[169]
As the experience of nations which have similarly gone through internal armed
conflict will show, however, peace is rarely attained by simply pursuing a military
solution. Oftentimes, changes as far-reaching as a fundamental reconfiguration of
the nation's constitutional structure is required. The observations of Dr. Kirsti
Samuels are enlightening, to wit:
x x x [T]he fact remains that a successful political and governance
transition must form the core of any post-conflict peace-building mission.
As we have observed in Liberia and Haiti over the last ten years, conflict
cessation without modification of the political environment, even where
state-building is undertaken through technical electoral assistance and
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