Con-com aims to grant president power to declare ‘state of war’

FILE: President Rodrigo Roa Duterte presides over a meeting with the members of the Consultative Meeting at the Malacañan Palace on February 13, 2018. KING RODRIGUEZ/PRESIDENTIAL PHOTO

The Consultative committee (Con-com) is currently reviewing proposals and eyeing to grant the Chief Executive the power to declare the existence of a state of war in the amendments and/or revision of the 1987 Constitution.

“In the event, Congress is unable to convene, the President, as Commander-in-Chief, has the power to declare the existence of the state of war, and shall exercise all powers necessary,” the proposed line states.

According to Con-com member and Supreme Court (SC) Associate Justice Eduardo Nachura on May 3, Thursday, this power is only an option in the situation of “actual hostilities” that block the possibility and immediacy of the members of the upper chamber and lower chamber from assembling and declaring.

With this, the President will have the option to “exercise all powers necessary.” Reporters in the press conference then asked for safety nets in cases of possible abuse of power.

“Congress itself should provide the safeguard. If Congress can meet at any time after that, they can undo what the President did,” Nachura said.

In the current Constitution, Article VI, Section 23, it states that 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.

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“In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof,” it added.

The Con-com was formed by President Rodrigo Roa Duterte in late January, headed by former Chief Justice Reynato Puno to review proposals of amendments and revisions to the current Constitution in preparation of a federal form of government.