The President said yesterday in a press briefing that it was not necessary for him to declare a state of emergency in Zamboanga.
A so-called declaration of a state of emergency by the President does not confer any additional or extraordinary powers on the President. In fact, if by a mere declaration from the President, it confers nothing.
The commander—in-chief powers of the President are:
1)The “calling-out” power or the power to call out the armed forces to prevent or suppress lawless violence, etc. (the power to deploy the armed forces to any part of the country to quell rebellion, invasion, lawless violence, etc.)
2) the power to suspend the privilege of the writ of habeas corpus (when the President suspends the privilege of the writ, he could detain or order the detention of a person — but the Constitution requires only for rebellion or related offenses and that such detainee be charged within three days);
3)martial law.
The so-called emergency powers (as distinguished from the commander-in-chief powers) refer to when the President asks Congress to authorize him by law to exercise extraordinary powers, such as the take-over of public utilities – this can only be done by legislative enactment from Congress.
Of course, in practice, whenever you file a motion to suspend (or motion for continuance or motion for time), and if you’re new, your senior partner will lecture you: don’t presume the court will grant it, until granted, you have to show up . Lecture lecture.
In practice however, in ordinary cases (that is, in ordinary cases, not in so-callled “high profile” cases) you usually give opposing counsel paňero/ paňero/ the courtesy of an advanced copy of your motion for continuance and give a friendly phone call – in real life and in ordinary cases, lawyers and opposing counsels become friends in the course of the trial. Then you inform the clerk of court in advance that you and opposing counsel have spoken of other trial dates etc. etc. , the clerk of court will confirm with opposing counsel, etc. etc. it makes the workings of the court more efficient when you prepare for contingencies before the hearing, the clerk of court can accommodate more cases in the calendar, and it makes the job of the judge less stressful …
Trade secrets. that’s in ordinary cases; in so-called “high profile” cases, sometimes, the lawyers get on each others nerves; for some reason, lawyers get too stressed out when millions and millions of people are watching their every move and thousands of people want to talk to them and they need to talk, study, read, write, prep, meet up, thousands of times endlessly .
