Emergency Powers of a Philippine President
Tonight, I will be discussing for the record the emergency powers of the President of the Philippines. In Webster's Dictionary, the word Emergency Powers is defined as "power granted to or used or taken by a public authority to meet the exigencies of a particular emergency (as of war or disaster) whether within or outside a constitutional frame of reference." 1
Here in the Philippines, the emergency powers that may be delegated to the President is within the confines of a "constitutional frame of reference." To quote the provision of the present 1987 Constitution about such powers:
"In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof." (Paragraph 2, Section 23, Article 6 [Legislative Powers]) 2
The said constitutional provision is very instructive since it only allows the both Houses of Congress to give the President emergency powers for a "limited period" and the usage of such powers must cease upon the next adjournment of the said both Houses.
And based on my research, such powers is in a form of delegated legislation. Delegated legislation is defined as "laws made by persons or bodies to whom parliament has delegated law-making authority." 3
Now let me tackle the brief history of the usage of emergency powers before and under the present 1987 Constitution.
Before World War II erupted in the Pacific on 1941, the National Assembly, then the unicameral legislature of the Philippines granted series of emergency powers to then President Manuel Quezon in anticipation of the war.
On 1989, two years after the ratification of the 1987 Constitution then President Corazon Aquino declared a national emergency to quell the most dangerous coup attempt initiated by the RAM forces of then Army Colonel Gringo Honasan that almost toppled her government. The both Houses of Congress then led by then Senator Neptali Gonzales, Sr., passed Republic Act 6826 to give her emergency powers in helping her resolve the economic crisis caused by the coup attempt which was signed into law on December 20, 1989 which ended on June 8, 1990 when the both Houses adjourned.
In the early 1990's then President Fidel Ramos also asked the both Houses of Congress to give him emergency powers in solving the energy crisis on 1993 and the water crisis on 1995.
On 2014, then President Noynoy Aquino asked the both Houses of Congress to give him emergency powers to solve the looming energy crisis then. The House of Representatives passed the bill on it but the Senate refused.
Last year, 2016, now President Rodrigo Duterte asked both Houses of Congress to give him emergency powers in solving the transportation crisis in the country. The Senate is responding positively as it is nearing the end of its interpellations period on the bill about the matter but the problem is in the House of Representative wherein it will only undergo sponsorship stage that is why it is slowly progressing. That is why Senator Grace Poe, sponsor of the Emergency Powers Bill in the Senate asked the President to certify the bill as urgent in order for it to be fast tracked by the both Houses on second and third reading for signature into law. If the bill would become a law, then the President will resolve the crisis even if not fully and in the interim.
Now, my short comment is that the emergency powers must be used with caution in order to prevent its abuse, corruption. It must be used for national interest and not selfish motives. Remember, emergency powers is like a lethal sword that may be unleashed to kill at anytime to solve a war but sometimes it can be done at fault. If such powers would be used rightly, then, a problem can be solved with prudence and care and succcessfully.
Sources of References:
1 https://www.merriam-webster.com/dictionary/emergencypower
2 http://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vi
3 http://guides.library.uwa.edu.au/c.php?g=324818&p=2177280
Comments can be submitted to my email:
jamesvelina45@gmail.com
Here in the Philippines, the emergency powers that may be delegated to the President is within the confines of a "constitutional frame of reference." To quote the provision of the present 1987 Constitution about such powers:
"In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof." (Paragraph 2, Section 23, Article 6 [Legislative Powers]) 2
The said constitutional provision is very instructive since it only allows the both Houses of Congress to give the President emergency powers for a "limited period" and the usage of such powers must cease upon the next adjournment of the said both Houses.
And based on my research, such powers is in a form of delegated legislation. Delegated legislation is defined as "laws made by persons or bodies to whom parliament has delegated law-making authority." 3
Now let me tackle the brief history of the usage of emergency powers before and under the present 1987 Constitution.
Before World War II erupted in the Pacific on 1941, the National Assembly, then the unicameral legislature of the Philippines granted series of emergency powers to then President Manuel Quezon in anticipation of the war.
On 1989, two years after the ratification of the 1987 Constitution then President Corazon Aquino declared a national emergency to quell the most dangerous coup attempt initiated by the RAM forces of then Army Colonel Gringo Honasan that almost toppled her government. The both Houses of Congress then led by then Senator Neptali Gonzales, Sr., passed Republic Act 6826 to give her emergency powers in helping her resolve the economic crisis caused by the coup attempt which was signed into law on December 20, 1989 which ended on June 8, 1990 when the both Houses adjourned.
In the early 1990's then President Fidel Ramos also asked the both Houses of Congress to give him emergency powers in solving the energy crisis on 1993 and the water crisis on 1995.
On 2014, then President Noynoy Aquino asked the both Houses of Congress to give him emergency powers to solve the looming energy crisis then. The House of Representatives passed the bill on it but the Senate refused.
Last year, 2016, now President Rodrigo Duterte asked both Houses of Congress to give him emergency powers in solving the transportation crisis in the country. The Senate is responding positively as it is nearing the end of its interpellations period on the bill about the matter but the problem is in the House of Representative wherein it will only undergo sponsorship stage that is why it is slowly progressing. That is why Senator Grace Poe, sponsor of the Emergency Powers Bill in the Senate asked the President to certify the bill as urgent in order for it to be fast tracked by the both Houses on second and third reading for signature into law. If the bill would become a law, then the President will resolve the crisis even if not fully and in the interim.
Now, my short comment is that the emergency powers must be used with caution in order to prevent its abuse, corruption. It must be used for national interest and not selfish motives. Remember, emergency powers is like a lethal sword that may be unleashed to kill at anytime to solve a war but sometimes it can be done at fault. If such powers would be used rightly, then, a problem can be solved with prudence and care and succcessfully.
Sources of References:
1 https://www.merriam-webster.com/dictionary/emergencypower
2 http://www.officialgazette.gov.ph/constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-vi
3 http://guides.library.uwa.edu.au/c.php?g=324818&p=2177280
Comments can be submitted to my email:
jamesvelina45@gmail.com
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