Practice question
Following a valid calling-out order against lawless violence, an operational plan keeps the police in charge, directs police orientation of assisting troops and provides no military appointment to civilian posts. A challenger alleges only that any cooperation with soldiers is inherently forbidden by civilian supremacy, without identifying contrary authority or a specific rights violation. Which is best under IBP?
- All civilian-military cooperation is constitutionally forbidden
- A calling-out order automatically establishes martial law
- IBP recognizes circumscribed assistance under retained civilian police authority rather than treating every cooperative deployment as a violation
- The military must take over Congress to make cooperation lawful
- The police must resign to preserve their civilian character
Legal references
- IBP v. Zamora, G.R. No. 141284, August 15, 2000, main decision: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/1/36338
- 1987 Constitution: https://elibrary.judiciary.gov.ph/thebookshelf/showdocs/3/353; Article II, Section 3; Article VII, Section 18.
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