04/02/2020 E-Library - Information At Your Fingertips: Printer Friendly II. SUBSTANTIVE I respectfully submit that the Court should view this case from the perspective of executive power, and how it was actually exercised in the formulation of the GRP Peace Panel until the challenged MOA-AD was crafted in its present abandoned form. The President is the Chief Executive of the Republic and the Commander-in-Chief of the armed forces of the Philippines. Section 1, Article VII of the Philippine Constitution provides: "The executive power shall be vested in the President of the Philippines." Additionally, Section 18, Article VII, states: Sec. 18. The President shall be the Commander-in-Chief of all armed forces of the Philippines and whenever it becomes necessary, he may call out such armed forces to prevent or suppress lawless violence, invasion or rebellion. In case of invasion or rebellion, when the public safety requires it, he may, for a period not exceeding sixty days, suspend the privilege pf the writ of habeas corpus or place the Philippines or any part thereof under martial law. Within forty-eight hours from the proclamation of martial law or the suspension of the privilege of the writ of habeas corpus, the President shall submit a report in person or in writing to the Congress. The Congress, voting jointly, by a vote of at least a majority of all its Members in regular or special session, may revoke such proclamation or suspension which revocation shall not be set aside by the President. Upon the initiative of the President, the Congress may, in the same manner, extend such proclamation or suspension for a period to be determined by the Congress, if the invasion or rebellion shall persist and public safety requires it. In Sanlakas v. Reyes,[35] we held that the above provision grants the President, as Commander-in-Chief, a sequence of graduated powers, to wit: (1) the calling out power, (2) the power to suspend the privilege of the writ of habeas corpus, and (3) the power to declare martial law. Thus: In the exercise of the latter two powers, the Constitution requires the concurrence of two conditions, namely, an actual invasion or rebellion, and that public safety requires the exercise of such power. However, as we observed in Integrated Bar of the Philippines v. Zamora, "[t]hese conditions are not required in the exercise of the calling out power. The only criterion is that `whenever it becomes necessary,' the President may call the armed forces `to prevent or suppress lawless violence, invasion or rebellion.'" Implicit in these is the President's power to maintain peace and order. In fact, in the seminal case of Marcos v. Manglapus,[36] we ruled: [T]his case calls for the exercise of the President's powers as protector of the peace. The power of the President to keep the peace is not limited merely to exercising the commander-in-chief powers in times of emergency or to leading the State against external and internal threats to its existence. The President is not only clothed with extraordinary powers elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/47263 198/203