1. What do you mean by the “Calling-out Power” of the President under Section 18, Article VII of the Constitution? 5%
2. On February 24, 2006, President Gloria Macapagal-Arroyo issued Proclamation No. 1017 declaring a state of national emergency. Is this Proclamation constitutional? Explain. 2.5%
3. During the effectivity of this Proclamation, Gener, Lito, and Bong were arrested by the police for acts of terrorism. Is the arrest legal? Explain. 2.5%
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1 comment:
1. It is the power of the President when it is necessary, as the commander in chief, may call out the armed forces to aid him in preventing or suppressing lawless violence, invasion or rebellion. ART VII Sec 18 1987 Const.
2. The proclamation is constitutional.That Calling-out power principle shall apply in this case.
3. The arrest is illegal. In the case at bar, there being no acts of terrorism being clearly define and punished by law or statute should it be committed. On the other hand if the trio had committed acts expressly punished by law under the RPC and special law, in flagrante delicto, the warrantless arrest in this case is deemed proper.
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