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AllBar 2024POLITICAL AND PUBLIC INTERNATIONAL LAWI. 1987 PHILIPPINE CONSTITUTIONA. Definition, Nature, and Concepts of the Constitution1. Declaration of Principlesc. Supremacy of Civilian Authority over Military

Question

Declaration of Principles: Supremacy of Civilian Authority over Military

Discuss the constitutional provision on the supremacy of civilian authority over the military, and how it applies in the following scenarios:

  1. During a state of emergency, the President appoints a retired military general as the head of a government agency tasked with disaster response and recovery. The civilian employees of the agency are concerned that their authority might be undermined by the military official. What legal principles or safeguards ensure the supremacy of civilian authority in this situation?
  2. A group of military officers engages in a coup d'état and seizes control of the government. What legal avenues are available to restore civilian authority and bring these military officers to justice?
  3. In a conflict between the military and the police over jurisdiction in maintaining peace and order during a public protest, how can the supremacy of civilian authority be upheld and the appropriate roles and responsibilities of each agency be defined?
  4. The Armed Forces of the Philippines (AFP) requests the assistance of the police in a joint operation against a known terrorist group. How can the coordination between the military and the police be established in a way that respects the supremacy of civilian authority and ensures accountability?
  5. A military officer who is accused of human rights violations claims that he is immune from prosecution because he was just following orders. Discuss the legal principles that establish civilian authority over the military, including accountability for human rights abuses committed by military personnel.



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