MANILA - The president should be allowed to declare the existence of a state of war if Congress is unable to convene, the Malacañang committee drafting a new federal constitution said Thursday.

Under the present constitution, the "sole power to declare the existence of a state of war" falls on the Senate and the House of Representatives with a two-thirds vote in a joint session.

The consultative committee is proposing a new provision, which states: "In the event Congress is unable to convene, the president, as commander-in-chief, had the power to declare the existence of a state of war."

The president will also be allowed to "exercise all powers necessary."

But the option will apply only in cases of "actual hostilities" that will prevent members of Congress to assemble and vote on the declaration, said former Supreme Court Associate Justice Eduardo Nachura, a member of the drafting committee.

"The decision must be given to the president," he told reporters, noting the commander in chief has access to available reports from security agencies.

"Congress itself should provide the safeguards. If Congress can meet at any time after that, they can, of course, undo whatever it is that the president may have done."