The President in his visit to Guiuan, Eastern Samar yesterday praised his allies, the Guiuan local government officials, and took another swipe (in the form of innuendoes) against the LGU officials of Tacloban. Here is what he said (English translation by the Inquirer, which is accurate):
“ “Whoever is prepared, he will receive [help] first,” he said, claiming the national government still lacked enough “data” on the relief and rehabilitation needs in other areas.
“ “We need not talk, only act,” he said.
“The President insisted local government units were supposed to be the “first responders” in a calamity.
“ “The national government will come but you expect the local government to take care of everything. Then if more is needed, we will fill in,” he said.
“ “But if they haven’t started anything, we will do it. But we are still on our way,” he added.
“ “Where will you send the troops? Where will you send the medicines? You will need all these information.” “
The legal aspect of this is: Those donations were sent to the government IN TRUST for the benefit of the victims. In civil law, this means that the government does not own those donations and is not authorized to arrogate unto itself the authority to give them to whoever it thinks is “handa” or prepared to receive the donations. Who will determine who is “handa” or prepared? The President? Mar Roxas? The Liberal Party? What does “handa” or prepared mean? If the local mayor cannot give a definite answer to certain questions to the satisfaction of the President, does that mean that, that LGU is not “handa” or not prepared? Therefore, most of the donations will go to the “ready” officials?
These donations were given when many donors were moved by images of the dying, the injured, the devastated, in Tacloban, Ormoc, and other areas. Who is the President to say he will choose which ones will get the donations first?
I’m sure PNoy did not mean it.
I hope he meant it simply as a gentle reminder. Like… when I try to jolt my lazy students, I tell them: “if you don’t present your report today as scheduled, I will flunk you. Drop my class.” (in my “student evaluation of teaching” many students say”, : “strict but fair”. I will take that any day of the week. My ambition is to be a terror teacher.)
I’m sure that the President would be fair.
If not – there are criminal provisions applicable: Criminal complaints can be filed If the donations are not given to those who need them most.
breaking news. first posted here at 11:15 am Nov. 15, updated at 11:33: Aksyon 5 news director DJ Sta. Ana broke the story live from Leyte that Energy Secretary Petilla announced that the government has taken over two gas stations in the province for an orderly and rational distribution of fuel. Petilla said that soldiers have been deployed to guard the gas stations to avoid chaos and ensure that fuel will be distributed equitably.
Good work. Decisive. While the President has not gotten any emergency powers from Congress
and some of the senators and congressmen are happily vacationing, someone in government exercised a semblance of “emergency powers” (or emergency powers in its technical, legal sense, the way that it is defined in constitutional law, see yesterday’s blog post below). Don’t use the word “take-over” na lang muna , the President should ask for emergency powers. Lawyers will find a legal provision defending your action under the Civil Code or Administrative Code — we can find a provision. (i never thought lawyers would have a role to play in an apocalyptic event, one would think we’re useless and only doctors, nurses, engineers, journalists, etc. could help). This act of guarding the gas stations and volunteering to distribute the gas using government personnel in an emergency is defensible. In the meantime … Energy Secretary Petilla can say: to save lives by preventing chaos and violence, the government bought on credit the energy supply of two gas stations and government offered to distribute the fuel using government personnel, and the owners agreed.
