Bayanihan 2 implementation questioned at SC
MANILA, Philippines — Former Government Corporate Counsel Philip Jurado asked the Supreme Court to stop President Rodrigo Duterte’s exercise of emergency powers under the Bayanihan 2 law, which he claims expired when Congress’ regular session adjourned in the middle of House Speakership row.
In a 51-page Petition for Certiorari, Jurado asked the SC to also declare as invalid and void disbursements of public funds made after October 12, when he said the Congress' regular session ended.
“Republic Act 11494 ceased to be effective on 12 October 2020 when Congress’ regular session was automatically adjourned to give way to its special session scheduled on 13 October to 16 October 2020,” the petition read.
Jurado said that the Bayanihan to Recover as One Act expired on October 12, pursuant to its provision on Section 18 that states that the law “shall remain effective only until the adjournment of Congress.”
Jurado argued that while Section 18 of the law mentions the date Dec. 19, 2020, it was only stated since it is the date Congress intended to adjourn following the legislative calendar.
“On 6 October 2020, however, the House of Representatives suddenly suspended its session without passing or finalizing the national budget,” he said.
Then-Speaker Alan Peter Cayetano (Taguig-Pateros), in the middle of a power struggle with current Speaker Lord Allan Velasco, abruptly announced that the House will suspend sessions until November 16. This also prompted Duterte to call for a special session from October 13 to 16 to resume deliberations on the proposed national budget.
Emergency powers ceased when law expired
While the law had provisions explicitly stating some portions will remain effective beyond the expiration of the law, the section providing emergency powers for the president is not included in these.
“Congress, however, effectively divested the President of his emergency powers when it adjourned last 12 October 2020, not only because Section 18, RA 11494 limited the President’s emergency powers until Congress adjourns, but more so because Section 23(2), Article VI of the Constitution provides that such powers shall cease upon Congress’ adjournment,” Jurado said.
Section 4 of the law cited Article VI Section 23(2) of the law which read in part that in times of war or other national emergency Congress may authorize the president to exercise powers necessary to carry out national policy. “Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof,” it read.
But even beyond the supposed expiry of the law and Duterte’s emergency powers, the government continued to release, and is set to release, billions of funds to different agencies, Jurado said.
These actions, the petitioner said, were done without an enforceable and effective law. “There being no legal basis for their actions, respondents undoubtedly acted with grave abuse of discretion amounting to lack or in excess of their jurisdiction,” he added.
“As such, their actions is disbursing billions worth of public funds, supposedly pursuant to RA 11494 should be voided and declared illegal by the Honorable Court,” Jurado also said.
President Rodrigo Duterte signed the bill that grants him special powers to address the novel coronavirus outbreak in the Philippines. Bookmark this page for updates.
Strategies proposed by the inter-agency taskforce against the COVID-19 pandemic need the approval of President Rodrigo Duterte, presidential spokesperson Harry Roque says.
He made the statement after news of a shift to "granular" lockdowns that will be first implemented in the National Capital Region starting September 8.
The government should extend 'Bayanihan 2', the legislation intended to address the economic effects of the COVID-19 pandemic, Akbayan says as it joins the call of labor groups SENTRO and NAGKAISA for an extension.
"Millions of Filipinos are still without work thanks to the pandemic. Add the fact that the country is under recession for the first time since the Marcos years, and it becomes imperative that the State step in and continue to provide aid," the party-list says.
"We echo the view that terminating Bayanihan 2 now will push more Filipino families towards hunger and desperation. The government must realize that without a sustained comprehensive economic aid plan, people will be forced to leave their houses to get food, medicine and supplies, which increases the risk of getting COVID. And with hotspots multiplying outside the NCR, extending Bayanihan 2 is not only logical, but necessary," it also says.
The government should increase efforts to inform people about the benefits of getting vaccinated against COVID-19 instead of threatening to jail those who refuse or telling them to leave the country, Akbayan says.
"Mr. Rodrigo Duterte cannot jail his way out of this pandemic. Neither can he expel COVID-19 by throwing out of the country Filipinos who are hesitant of the vaccines. It is both sad and ironic that in the middle of a catastrophe, the President is so quick to threaten to expel his own people, yet chooses to remain silent on Chinese incursions in the West Philippine Sea," Dr. RJ Naguit, Akbayan spokesperson, says in a release.
"The global health crisis is not simply a law and order problem. The virus cannot be contained by penal servitude. This is exactly the simplistic and violent approach that continues to divide this country, the idea that there are only two kinds of people, those who obey, and those who don't. There is far more to this crisis than that," he says.
The government has often used the "pasaway" narrative, saying people are stubborn and do not follow guidelines, to explain surges in COVID-19 cases and other issues related to the pandemic. This, despite top government officials being among those often seen flouting the same safety guidelines.
Face shields are no longer required when leaving home, the Palace says.
People will still need to wear face shields in public transportation, markets and indoor establishments.
This change in policy comes after President Rodrigo Duterte told senators that the face shields should only be worn in hospital settings.
Prior to the president's remarks, agencies, inlcuding the Palace had insisted on the use of face shields, claiming wearing them over face masks is almost as good as being vaccinated against COVID-19.
A total of 1,415 golf workers in Metro Manila have received cash aid from the DOT and DOLE as part of the Bayanihan 2 act.
The golf caddies, golf workers and employees in five major golf clubs in the capital region received almost P7.075 million.
“For the beneficiaries of the cash assistance program with us today, I hope that this amount can help you and your families in this difficult time," Tourism Secretary Bernadette Romulo-Puyat says.
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