Art II Section 3 1987 Consti

Topics: Military, Armed forces, United States Constitution Pages: 2 (573 words) Published: February 14, 2015
Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State. Its goal is to secure the sovereignty of the State and the integrity of the national territory. Section 3, Article II, 1987 Constitution

I. Supremacy of Civilian Authority

Section 3, Article II read together with Section 18, Article VII, which provides for the installation of the President, the highest civilian authority, as the Commander-in-Chief of the military, ensures the supremacy of the civilian authority over the military.1

Kulayan v. Tan, G.R. No. 187298, 03 July 2012, En Banc, Sereno [J]. – Indeed, while the President is still a civilian, Article II, Section 339 of the Constitution mandates that civilian authority is, at all times, supreme over the military, making the civilian president the nation’s supreme military leader. The net effect of Article II, Section 3, when read with Article VII, Section 18, is that a civilian President is the ceremonial, legal and administrative head of the armed forces. The Constitution does not require that the President must be possessed of military training and talents, but as Commander-in-Chief, he has the power to direct military operations and to determine military strategy. Normally, he would be expected to delegate the actual command of the armed forces to military experts; but the ultimate power is his.40 As Commander-in-Chief, he is authorized to direct the movements of the naval and military forces placed by law at his command, and to employ them in the manner he may deem most effectual.41 (Emphasis supplied)

Jurisdiction over cases for crimes or offenses covered by the Revised Penal Code such as murder and those that are not service-connected by members of the Armed Forces of the Philippines is under the civil courts. Section 1 of RA 70552 enumerates the service-connected offenses.

Rapsing v. Ables, G.R. No. 171855, 15 October 2012, Third Division,...
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