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.
First posted here at 5:49am Nov. 14, 2013. Emergency powers for the President in the next 48 hours to transport food & water: here is the procedure
If the President does not exercise all of the powers he has in the next 48 hours to transport body bags, food, water, and personnel to Tacloban, Ormoc, and other devastated areas in Eastern Visayas, thousands more will die .
Next week is not good enough. It’s 48 hours. He has one remaining power that he has not exercised. I think it’s time.
Here’s the procedure:
Emergency powers. Procedure. The President should call up the Speaker of the House and the Senate President in the next five hours. Siguro nagbabakasyon ang mga senador at congressmen at tinatamad sila, WALA AKONG PAKIALAM, bumalik kayo dito at tumulong kayo. Tell the Speaker and the Senate President to convene in the next 12 hours, I don’t care if they are in Geneva or the Bahamas, get your a_ _ _ _ here; tell them: I am asking you to convene a special session – I am not just asking you, as President of the Republic, I am authorized to order you to convene a special session. Convene the special session in the next 12 hours. Tell them: I will announce it on TV in the next five hours that i am calling on the Senate and the House to convene a special session in the next 12 hours, so you better convene. If you don’t, i will order you. i am authorized.
Call the DOJ secretary and ask her to get ready.
Here is the provision (I hate for any President to use this power, but… there are dead bodies lying in the streets of Tacloban, and thousands more will die of dehydration, if not of crime, in the next 48 hours), here it is, use it well for the limited time of 48 hours:
Article VI, Sec. 23, par. 2: “In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited purpose and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof.”
48 hours lang po ang gusto kong ibigay kasi medyo drastic ang mga kelangang take-over of facilities and utilities.
Call up the DOJ secretary; if government lawyers don’t know how to craft this, ask private lawyers.
You need to pay for the following utilities, facilities, and companies, pay for them. You have donations from many countries. Take over the facilities: carriers, private planes, airline companies, shipping companies. For the next 48 hours. But pay for them.
Clear all roads leading to Tacloban, Ormoc, and other areas. Pay heavy-equipment companies. Ask the lawyers to write it in the resolution. Take over all nearby heavy-equipment companies for their equipment and facilities in the next 48 hours. Tell your DPWH secretary that you will use all the powers you have at your command — and you can, you are authorized by the Constitution: Tell your DPWH secretary, I’ve used all my emergency powers, if you cannot supervise these heavy-equipment companies and clear the roads in the next 24 hours, you’re fired.
The residents need electricity. Use your emergency powers to acquire generator sets in nearby regions for 48 hours only, I know it’s drastic, but it’s necessary. Compensate the companies.
Another one. Sorry talaga. This has to be done.
Tell your DOJ secretary who will draft this: I need all the food items and drinking water available, in addition to the relief supplies that are held up here in Metro Manila. The nearer to Tacloban and Ormoc, the better. Just enough supplies, not all. Don’t cause a food run. Specify amounts. Please write it in the resolution, Ms. DOJ Secretary: grant of emergency powers. Government will acquire the required amount of food items, bottled water, and other supplies from the following food warehouses (be careful in the enumeration, don’t cause panic-buying in the nearby areas), bottled mineral water companies, grocery houses. It’s an emergency, we will pay them and take over them for 48 hours only. LET’S SAVE LIVES.
The government relief operations too slow, not enough volunteers. Tell the DOJ Secretary: I will pay for manpower agencies, send me 5,000 personnel. Tell them it’s an emergency, if they are unwilling, I can order them, I have been authorized. REPACK ALL THE SUPPLIES IN THE NEXT 24 HOURS, NON-STOP, we will pay for all of their hours, ALL RELIEF ITEMS SHOULD BE READY FOR TRANSPORT AFTER THE 24TH HOUR THAT I’VE CONTRACTED YOU.
Body bags, services of doctors, nurses, hospitals, medicine, medico-legal officers: Tell them: I need those body bags and your services. The government will compensate you.
Another one.
I hate to say this but…
Hotels, inns, housing facilities. There are thousands injured. Tell them: Government will pay for all of your personnel in the next 48 hours and for your rooms and facilities. Please do not refuse the injured, the sick, and the dying. I will be compelled to use force if you cannot help them, I am sorry.
The PNP and AFP still lacks the necessary security forces. Ask them how many more they need to maintain peace and order. A thousand more… Tell them you can deputize and contract security companies but they have to be screened well and supervised well.
Give instructions to the Defense secretary, the DPWH, DOTC, DILG, DSWD, NDRMMC: tell them: I have taken over all the utilities necessary (airplanes, ships, trucking companies, heavy-equipment companies) If you cannot transport the food and water that’s held up here in Metro Manila in the next 24 hours, you are all fired. Get moving.
This is good only if done in the next 48 hours to prevent the loss of more lives.
