"What becomes of the Bayanihan law?"
The adjournment of the 18th Congress last June 5 created a bit of a problem insofar as the Bayanihan To Heal As One Act. This law grants President Duterte emergency powers to address the COVID-19 pandemic.
The problem, Santa Banana, is the Senate was unable to enact a law that would extend the life of R.A. 11469. Meanwhile, Article VI, Section 23 (2) of the 1987 Constitution mandates that upon adjournment of Congress, all emergency powers granted to the President shall cease. And there are no ifs or buts about it!
The Senate had earlier sought to extend the law, but there was strong opposition from minority senators, who said that it would be unconstitutional unless Congress opts to not adjourn.
I must confess that I made a mistake in an earlier column where I said that some legislators attempted to not adjourn, but Congress did, sine die, last Thursday.
In line with the Constitution, the Bayanihan Law ceases to exist with the adjournment of Congress. When Congress resumes its session on July 27 in preparation for the annual State-of-the-Nation Address of President Duterte, it would be an opportunity for Congress to enact another law that would grant the President emergency powers anew.
If the President had wanted the Bayanihan law extended, he could have certified it as urgent. But he did not! He could have called a special session on June 6, He did not! This only means he does not need the emergency powers!
**
Another effect of the adjournment of the 18thCongress is that the grant of another 25-year franchise to Lopez-owned network ABS-CBN will have to wait.
There are so many contentious issues in connection with this franchise, for example the citizenship of Eugenio “Gabby” Lopez III, the use of Philippine Depositary Receipts to foreigners to circumvent the constitutional restriction on ownership, and other violations cited by Solicitor-General Jose Calida.
On the citizenship issue alone, Congress may have to decide this. Was Gabby Lopez a dual citizen when he became president and CEO of the network? Personally, I believe dual citizens have a problem. Lopez has a big problem because he admitted he voted in the US presidential elections in 2016.
He claims he is a Filipino at heart. But where would his allegiance lie, my gulay?
This is why I believe that if dual citizens are barred from holding public office, they should also be prevented from owning and managing mass media organizations!
**
Among the many restrictions and protocols in the shift from Enhanced Community Quarantine to General Community Quarantine in the National Capital Region is that those above 60 and below 21 years old, pregnant women and those suffering from disease should still stay home.
This means my wife and I are still confined to our daughter’s home. We still cannot go out to the mall or other places. As a result, we have time and opportunity to do the things we have always wanted to do. My daughter has had the chance to fix her house. I read books I have long wanted to read. Staying at home saves us a lot of money.
Still, I am sad that we can no longer go back to the way things were. Now we have to move on to the new normal. What will it look like, I wonder. What I know is that there will no longer be any hugs or handshakes, no kissing even, until the experts discover a cure.
**
I can understand the sentiments of the opposition toward the Anti-Terrorism Bill. Some of those who authored the bill or votes “yes” to it are now withdrawing their support for it.
The biggest opposition to it is on the vast powers given to the police – arrests with no warrants, detention for at least14 days. These can really be abused.
I agree that there is a need to stop terrorism in our country, But giving too much power to the police can itself be a problem instead of a solution. I am afraid that with the proposed law, stereotypes will persist and innocent people will be classified as terrorists. That will, in effect, be martial law under Duterte.