"To think the President is surrounded by lawyers."
"To think the President is surrounded by lawyers."
Last October 28, former Government Corporate Counsel Rudolf Philip Jurado filed a petition for certiorari and prohibition with ancillary prayer for the issuance of a temporary restraining order and preliminary injunction before the Supreme Court. He claims that Bayanihan Law 2, or Republic Act 11494, has already ceased to exist upon the adjournment of Congress on October 12. This he says is provided for by Section 23 (2), Article VI of the Constitution.
Bayanihan Law 2 grants the President emergency powers and allocates public funds to government agencies for the purpose of assisting and rebuilding sectors of the economy that have been affected by the COVID-19 pandemic.
Santa Banana, the President only had a little time to enjoy emergency powers because of the restrictions of the said constitutional provision on the Legislative Department. It says that:
“In times of war or national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as may be prescribed, to exercise such 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 Unless sooner withdrawn by resolution of the Congress, such powers SHALL CEASE UPON THE NEXT ADJOURNMENT THEREOF (caps mine).”
My gulay, such provisions of the 1987 Constitution are clear and precise that the emergency powers of the President shall cease upon the next adjournment. As such, Bayanihan 2 ceased to exist on October 12.
Why? Recall that during the stand-off between former Speaker Alan Peter Cayetano and Marinduque Rep. Lord Allan Velasco, Cayetano suddenly declared the adjournment of Congress on October 12 to prevent Velasco from assuming the Speakership on October 14. This had been previously agreed upon by both lawmakers when they met with President Duterte. It was a so-called gentlemen’s agreement.
By such an act, Cayetano not only held the P4.5-trillion national budget hostage but also made the effectivity of Bayanihan 2 cease.
Because of the importance of the national budget, being the lifeblood of the country, Duterte called for a special session from October 13 to 16. Duterte knew that if the national budget is delayed and if we use a re-enacted budget, all of his efforts to fight the pandemic would be in vain.
Obviously, however he had not reckoned with the fact that Bayanihan 2 had also ceased to exist.
The President is himself a lawyer. He and his legal advisers failed to see all of the implications of the adjournment of Congress.
With such stupid lawyers, Duterte does not need enemies.
By law, Congress had intended to adjourn on December 19 as the Bayanihan Law was set to be effective sometime in the middle of September. Congress figured that it was giving Bayanihan 2 about three months to be effective and enforceable. Duterte and Congress did not consider the Cayetano-Velasco standoff. Nobody thought that Cayetano’s move to cling to his post as speaker would not only hold the budget hostage but also affect the much-needed Bayanihan Law!
Even with the convening of a special session on October 12-16, the provision of the Constitution on the cessation of the effectivity of the law was sealed.
With Cayetano’s declaration of an adjournment, the 1987 charter is very clear that the emergency powers of Duterte have ended.
My gulay, the problems and risks brought about by this situation are endless!
Among the notable transactions mentioned in Bayanihan 2 are the procurement of personal protective equipment, which is exempted from the legal requirement of public bidding, the expiration of transactions without the necessary bidding, without the required permits and clearances, without the proper payment of taxes. Those involved here face the risk of being criminally charged for violation of the law against graft and corruption!
Even public officials who continue to disburse public funds, including cash under the Social Amelioration Program, are at risk!
Congress’ unexpected adjournment also affected the appointment of public officers appointed ad interim, since they are now considered bypassed. The confirmation of their appointment should have been done prior to the adjournment of Congress.
Given these, Congress must realize its predicament. It should start working on a solution.
With so many lawyers in government, I am aghast that nobody even thought of this!
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What happened in Albay during the onslaught of Super Typhoon “Rolly” confirms the need for a Department of Disaster Resilience not only for the rescue, relief and rehabilitation of devastated areas, but the rehabilitation of agriculture, infrastructure and livelihood.
We have needed this department for a long time!
We need a real department devoted to strategize action before, during and after a calamity.
