The President has been actively exercising his commander-in-chief powers by directly supervising the operations to end the Zamboanga standoff.
Last week, we had a post here on the commander-in-chief powers of the President: In particular: 1)the so-called “calling-out” power or the power to call out the armed forces to quell any rebellion, invasion, lawless violence.
This means that the President alone has the power to order, command, deploy, and direct the armed forces in order to suppress lawless violence, rebellion, invasion. But of course he can delegate the operational details to the defense secretary or the chief of staff.
But based on this president’s life history, maybe he has experience in security matters and would probably like to see through the Zamboanga crisis first-hand with minimal damage to civilian life and property.
(The other commander-in-chief powers have been discussed here last week: the power to suspend the privilege of the writ of habeas corpus subject to constitutional limits and the power to declare martial law subject to the same limits. )
What about the so-called “emergency powers”? What are those?
Only Congress can grant the President extraordinary powers under a state of emergency which Congress declares: In particular:
1.In times of war or a national emergency, Congress by resolution may grant the President emergency powers, such as the take-over of public utilities.
If the President on his own declares a state of emergency, that presidential declaration does not confer any extraordinary powers on him.
2.The second so-called emergency power (actually, it’s the first in the emergency powers clause Constitution) is dire. You don’t want it. They are war powers. As follows: Only Congress can declare a state of war by a vote of two-thirds of both Houses in joint session voting separately (that is: 2/3 vote of the lower House and 2/3 vote of the Senate). Only after such declaration of a state of war can the President exercise “war powers”.
Our generation has never seen a congressional declaration of war and God forbid that we do. Examples of war powers are: punishing, based on a compulsory conscription law, those who refuse to heed the draft to the armed forces; directing the use of communication facilities and other utilities for national defense; directing and controlling the transport of basic commodities like rice and food stuff; controlling news media content for defense purposes; etc.
We’re good with basic commander-in-chief calling-out powers. The mopping up operations is on-going.
The plight of more than a hundred thousand displaced civilians need to be addressed urgently, though.
As of posting time, journalists have been required by the military authorities to evacuate Barangay (village) Sta. Catalina because of heavy firefighting.
The following is a summary of the Charter for the Safety of Journalists Working in War Zones or Dangerous Areas adopted by the Reporters Sans Frontieres or Reporters Without Borders:
(Intro. gist) International law requires the warring parties to provide protection to journalists working in war zones. Employers must also provide basic protection, compensation, and guarantees. The following eight principles apply:
Principle 1. Commitment. (gist) Media organizations, the State, and journalists must reduce risks by exchanging useful information, providing enough preparation, equipment, insurance.
Principle 2. Free Will. (gist) Covering armed conflict must always be voluntary. A reporter and/ or his/her crew has the right to refuse the assignment, or to terminate it even while in the field.
Principle 3. Experience. (gist) Only experienced reporters shall be sent to a war zone. Those who are covering combat for the first time must be accompanied by an experienced colleague. After the assignment, editors must provide a debriefing to cull lessons.
Principle 4. Preparation. (gist) Training in how to cope in war zones, how to reduce risks, and how to conduct first aid, must be regularly provided.
Principle 5. Equipment. (gist) Editors should provide war correspondents and their crew with enough safety equipment such as bullet-proof vests, helmets and, if possible, armored vehicles,
communication equipment (locator beacons) and survival and first-aid kits.
Principle 6. Insurance (gist). Before sending reporters and their crew to dangerous assignments, editors must provide insurance for illness, repatriation, disability and loss of life and comply with all professional obligations and agreements.
Principle 7. Psychological counselling. (gist) Media management must ensure that reporters and their crew, if they so desire, have access to psychological counselling after returning from a dangerous assignment.
Principle 8. Legal protection. (gist). Under Protocol 2 of the Geneva Conventions, journalists are considered civilians and entitled to protection. Any attack on journalists that causes their death or injury is a breach of the Protocol and is considered a war crime.
– Summary of the Charter for the Safety of Journalists Working in War Zones adopted by the Reporters sans Frontieres
