By Charmaine A. Tadalan
A Sub-panel of the Consultative Committee (ConCom) on Charter Change has introduced a provision allowing Congress to grant the president of the proposed federal government the power to declare war.
The provision to be added in the Article on the Legislative Branch states that “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.”
This power, however, is still subject to limits as prescribed by Congress. It was also noted there are no provisions specifying this situation in the 1987 Constitution.
Retired associate justice Antonio Eduardo B. Nachura explained that if circumstances render Congress unable to pass measures necessary to cope in a state of war, the president will have to take over. “If Congress can no longer do that because they cannot meet because precisely of (the war) then the president will have to come in, and declare the state of war and perform such functions as (it) will be performed by Congress,” Mr. Nachura, who chairs the Subcommittee on the Structure of the Federal Government, said in a press briefing on Thursday.
Mr. Nachura clarified the existence of state of war means there is rebellion, invasion or any kind of hostilities of “such magnitude (that) threatens the very existence of our country, (and) the safety of our people.”
He added: “The annotation here precisely will speak of war within the context of international law.”
The Subcommittee arrived at the proposal on grounds that the president as commander-in-chief has access to information with regards to military activities and war reports. Mr. Nachura assured that Congress can safeguard the country from abuse of power.
“If Congress can meet at any time after that (declaration of a state of war), they can of course (decide) to undo what the President has done,” he said.
On another matter, the Subcommittee also revised the ruling that vests in the Senate and House Electoral Tribunals the authority to judge electoral contests of congressional members.
The provision instead proposed to create a five-member special division under the Court of Appeals (CA) to function as “sole judge of all contests relating to the election, returns and qualifications of Senators and Members of the House of Representatives.” The special division will be constituted by a majority vote of all members of the CA.
The Subcommittee also opted to require those vying for a congressional post to be registered and “domiciled,” which means the candidate is an “actual permanent resident.” This is in addition to the new educational requirement, absent in the present Constitution.
According to ConCom spokesperson Ding I. Generoso, most of these provisions have been approved in principle in the subcommittee level. Under deliberation, however, is the provision on the composition of the House of Representatives as the panel is still discussing the mechanism to use in the system of proportional party representation.
The Subcommittee proposed that the House be composed of not more than 400 members, with 60% elected from the districts and the remaining 40% coming from political parties.

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