Break this blog admin in case of emergency (break her face, see blog header photo for illustration haha, in case of emergency to force a legal opinion)
In order to make distinctions among the following:
1) rice emergency under RA3452; 2)“emergency rule” under the Commander-in-Chief powers; 3) and exercise of emergency powers upon a legislative grant; if confiscatory, under eminent domain powers with just compensation upon hearing; and if it limits certain other liberties, under the police power (enactment of laws that limit certain liberties): See all the emergency powers cases including the latest.
[sorry, no more legal opinions in this blog, the tap is closed, for reasons stated a month ago and for other reasons; we just pointed out here that there were distinctions, no one in the media reports has ever pointed out there were distinctions. The empty-headed ones can now steal. (break blog admin’s face, see photo header above, to force a legal opinion in case of emergency). After the reader who is interested looks up those distinctions to obviate any confusion in framework, the following are the provisions of the “rice emergency clauses” of RA 3452: )
(as a further qualification, a premature declaration of a rice emergency will result in panic and rioting; a too-late declaration is the result of casualties; a declaration without knowledge or information on the target warehouses is a pretext for eventual “emergency rule” under the Commander-in-Chief provisions. It is more prudent, more practical and wiser, to build the back-up supply and build a layer of alternative staple food; and bust the cartel through arrests and seizures (court-ordered: you know, execute affidavits, ex parte regular process in order not to alert the target), than to wish for emergency powers. Busting the rice cartel requires a good amount of political will, and goodwill, that the present government has not been able to show.)
“Rice Emergency” (as i said, a premature declaration will result in rioting):
Quote “RA 3452. Sec. 11. The Administration is authorized to inspect and take records of palay, rice, and corn stocks stored by any person, partnership or corporation, and to enter the premises where these commodities may be found for inspection and record.
“Sec. 12. The President of the Philippines is hereby authorized to declare a rice and corn emergency any time he deems necessary in the public interest. During the emergency period, the Rice and Corn Administration, upon the direction of the President, shall, subject to constitutional limitation, conduct raids, seizures, and confiscation of rice and corn hoarded in any private warehouse or bodega: Provided, That the Rice and Corn Administration shall pay such confiscated rice and corn at the prevailing consumer’s price of the Rice and Corn Administration.
XXXXXX” closed-quote.
For the “constitutional limitation” that Section 12 speaks of, see certain provisions of the Bill of Rights.
