SEPARATE OPINION
YNARES-SANTIAGO, J.:
The fundamental issue in the petitions is the legality of Proclamation No. 427 issued by the President on July 27, 2003 declaring a "state of rebellion".
The majority affirmed the declaration is legal because the President was only exercising a wedding of the "Chief Executive" and "Commander-in-Chief" powers. U.S. jurisprudence and commentators are cited discussing the awesome powers exercised by the U.S. President during moments of crisis[1] and that these powers are also available to the Philippine President.[2] Although the limits cannot be precisely defined, the majority...
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