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.
