#Davao #DavaoStrong #PrayforDavao Commander-in-Chief Powers & Emergency Powers, Re-post

(This artwork of the Philippine eagle is from an original by Jeffrey Duhaylungsod and Donnie Ray Lopez, both Davaoeños, published by and rightclicked from davaocitybattad.blogspot; i just put the graphics #DavaoStrong with apologies, used here non-commercially for academic purposes)

Here’s a re-post from three years ago, Sept. 20, 2013, at: https://marichulambino.com/2013/09/20/commander-in-chief-powers-emergency-powers-zamboanga-standoff/ distinguishing the Commander-in-chief powers and emergency powers (President Duterte is now exercising his basic Commander-in-chief powers)
From Sept. 20, 2013:

“Commander-in-chief powers & emergency powers: Zamboanga standoff
“The President (PNoy, on Sept. 20, 2013) has been actively exercising his commander-in-chief powers by directly supervising the operations to end the Zamboanga standoff.
“Last week, we had a post here on the commander-in-chief powers of the President: In particular: 1)the so-called “calling-out” power or the power to call out the armed forces to quell any rebellion, invasion, lawless violence.
“This means that the President alone has the power to order, command, deploy, and direct the armed forces in order to suppress lawless violence, rebellion, invasion. But of course he can delegate the operational details to the defense secretary or the chief of staff.
“But based on this president’s life history (PNoy, re-posted from Sept. 20, 2013), maybe he has experience in security matters and would probably like to see through the Zamboanga crisis first-hand with minimal damage to civilian life and property.
“(The other commander-in-chief powers have been discussed here last week: the power to suspend the privilege of the writ of habeas corpus subject to constitutional limits and the power to declare martial law subject to the same limits. )
“What about the so-called “emergency powers”? What are those?
“Only Congress can grant the President extraordinary powers under a state of emergency which Congress declares: In particular:
“1.In times of war or a national emergency, Congress by resolution may grant the President emergency powers, such as the take-over of public utilities.
“If the President on his own declares a state of emergency, that presidential declaration does not confer any extraordinary powers on him.
“2.The second so-called emergency power (actually, it’s the first in the emergency powers clause Constitution) is dire . You don’t want it. They are war powers. As follows: Only Congress can declare a state of war by a vote of two-thirds of both Houses in joint session voting separately (that is: 2/3 vote of the lower House and 2/3 vote of the Senate). Only after such declaration of a state of war can the President exercise “war powers” .
“Our generation has never seen a congressional declaration of war and God forbid that we do. Examples of war powers are: (compulsory military draft) — penalizing, based on a compulsory conscription law, those who refuse to heed the draft to the armed forces; directing the use of communication facilities and other utilities for national defense; directing and controlling the transport of basic commodities like rice and food stuff; controlling news media content for defense purposes; etc.
“We’re good with basic commander-in-chief calling-out powers. The mopping up operations is on-going.
“The plight of more than a hundred thousand displaced civilians need to be addressed urgently, though.” (Re-posted from Sept. 20, 2013)

constitutional law, News, The President, Uncategorized

Emergency powers, #earthquakeCalifornia; looting: Missouri (worst supertyphoon: Ph Pres not made aware, emergency powers)

The California governor declared a state of emergency a few hours ago in the aftermath of the magnitude 6 earthquake in northern California.

Last week, the Missouri governor declared a state of emergency due to the riots and looting.

In November, when the strongest typhoon in recorded human history hit the planet and devastated Tacloban, the lawyers of the Philippine president forgot that he had emergency powers … (image from the U.S. government geological studies site; a few seconds of music from the movie theme “2012”; both used here non-commercially for academic purposes. This podcast plays automatically — you should be hearing it right about… now…)

The President

save it for a rainless day

Fernando Amorsolo, downloaded from library.thinkquest.org thru google images

Since when did the need to enter into negotiated contracts become sufficient ground for the grant emergency powers to the President?

Here’s the constitutional provision on the valid grant of emergency powers:

“1987 Constitution. Art. XII. Section 17. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.”

Executive Secretary Ed Ermita said that because the government needed to purchase materials and equipment immediately, it may seek emergency powers from Congress in order that it could make urgent “acquisitions” of coal and other materials by foregoing public bidding and instead purchasing by negotiated contract.

Government can do that; now, today, without the grant of emergency powers.

(for a discussion on the valid grant of emergency powers, see David vs. Macapagal-Arroyo, and the “emergency powers cases”, Araneta vs. Dinglasan; etcetera. These notes are just a things-to-do list for the Ermita- Esperon branch of government: i.e., what they can do.).

If you need to purchase those materials, do that now. Every government lawyer knows that there are exceptions to the requirements for public bidding.

In case of:

1) “imminent danger to life or property during a state of calamity”;

2)or “when time is of the essence arising from natural or man-made calamities”;

3) or (and this is a catch-all clause) “other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;

, government can, under any of those conditions stated, enter into negotiated contracts. Pablo and Fernando Amorsolo, from www.artesdelasfilipinas.com right-clicked thru google images

Here’s the legal provision:

“Republic Act 9184. xxx Sec. 53. Negotiated Procurement. — Negotiated Procurement shall be allowed only in the following instances:

xxx

(b)In case of imminent danger to life or property during a state of calamity, or when time is of the essence arising from natural or man-made calamities or other causes where immediate action is necessary to prevent damage to or loss of life or property, or to restore vital public services, infrastructure facilities and other public utilities;”

Line up now, today, the suppliers of coal (and other materials that you need) that you could still possibly run to, line up what offers you might be willing to make them; line up all the irrigation projects and desalination projects and other infrastructure that could be completed in a month’s time. Do that now, not next month; and don’t wait for the grant of emergency powers because it is not necessary.

Don’t wait until the farmers are going hungry and starving to death; don’t wait until no livestock and produce are entering Metro Manila; don’t wait until the food shelves in the market and groceries are empty; don’t wait until there are riots and smashing of windows (under which conditions you could, because of the uncontrollable mayhem, validly declare martial law and Congress and the Supreme Court, because of the apocalyptic nature of the chaos, would be forced to uphold you and extend the period of martia law; you don’t want that, do you?)

The Ermita- Esperon branch of government has not yet even created an inter-agency task force to line up what supplies, materials, irrigation infrastructure, desalination projects, it needs and what immediate measures are necessary to avert a possible and foreseeable drought, because, obviously, first on its list is: ask for emergency powers.

(Another Amorsolo, from bystander.homestead.com right-clicked thru google images)

What privately owned public utility, what network, what business outfit, organization, investment, does it want to take over anyway? That is at the heart of the grant of emergency powers. Name them now, instead of hiding behind “acquisition” of coal and other materials.