Photo by Kenneth Garreth. A Satellite Dish Silhouetted against the Northern Lights. Used here for educational, non-commercial purposes, free service by blog-use of image provided by and from www.allposters.com
The Office of the President got correct legal advice in two instances in the last two weeks on the handling of Sulpicio Lines. In other words, the correct legal advice steered it away from constitutional law issues or from committing unconstitutional acts (exercise of powers it does not have, or violating constitutional provisions).
This is not to say however that its administrative agencies, or the offices under it, have been doing their job as mandated by law, all this time to prevent such tragedies.
For preventing the constitutional law troubles, the office this time got it right: She cannot unilaterally take over private business without proceedings if by eminent domain; or without legislative authorization if by emergency powers under Sec. 17 of the article on national economy and patrimony (Article 12, Constitution) or Section 23 (b) of the article on the legislature authorizing Congress to declare a state of national emergency (Article 6, Constitution). The article on the executive (or on the powers of the President), does not grant her the power to seize private property without proceedings (complaint, hearing, just compensation, if by eminent domain.); the Commander-in-chief powers provision grants her calling-out powers (to call out the armed forces), suspend the privilege of the writ with limits, declare martial law with limits; but not confiscatory powers (if by eminent domain, with proceedings.)
(at a Cabinet meeting yesterday, the option of unilaterally taking over the Sulpicio Lines ships was discarded.)
It avoids but does not prevent. Its administrative agencies did not suspend the licences of Sulpicio Lines 20 years ago when 4,000 of its passengers perished in MV Doña Paz, the mother of MV Princess of the Stars.
In another instance, too, of correct legal advice, the Office of the President mooted all constitutional law discussions on the presence of USS Ronald Reagan by arranging for off-territory temporary non-aggressive prepositioning (for a few days only and subject to monitoring, i guess). It was able to avail of the “assistance” of the USS Ronald Reagan (i just put that in quotes because i haven’t seen the photos the fighter jets took or seen any reports on their missions), and at the same time, since the planes have enough jet fuel, to avoid having to tangle with the nuke-free provision of the Constitution by having the aircraft carrier, from which the jets took off, prepositioned (very temporarily, it is hoped) outside the territorial boundaries of the Philippines, or in the high seas. Pragmatic and lawful, only for now at least. (I just don’t know how the territorial boundaries were drawn, did they follow UNCLOS, ha-ha. but that’s a whole lot of discussion. Was it really in the high seas?)
However, still fresh from the 800 or more persons missing from the MV Princess of the Stars tragedy, over the weekend, two ships collided off the coast of Cebu. You would think that with the size of the ocean (it’s a really big place duh) the odds would be nil but because of the common sea lanes, the odds are there; the ships are supposed to just greet each other, as in Longfellow’s (pass each other) but in the Philippines, they run into each other literally. Because they’re blind (the blindness, i don’t know if literal or figurative. ( and don’t ask me why they’re blind.).
Sea tragedies from failure to get enough information, such as the MV Princess of Stars tragedy, are preventable according to experts if only the Philippines had been able to operate its GMDSS (our ex-GMDSS). (Collisions such as that of last weekend are preventable even without that equipment; but, again, ships in the Philippines are blind, again, don’t ask me why. ang kulit ko)
The Department of Transportation has grossly neglected acquiring basic equipment for monitoring the movement of storms, ships, hurricanes, tidal waves. From the Office of the President, here’s a three-year old report of a ten-year saga over the acquisition of a GMDSS (Global Maritime Distress and Safety System). Why is the acquisition of basic safety equipment by administrative agencies a long-running soap opera in this country? Why is it never considered an emergency purchase? Why was it never considered an emergency purchase for ten years? This, the President has powers over: an emergency purchase for the sake of sea travel safety to cut the red tape; but the Office never exercised it, never did anything. Why? Why is the purchase of basic safety equipment a never-ending zero-rating telenovela in these parts? Up to now, it is. No one is making a move. No one. But for the photo opportunities.
Here’s a page from the fanta-serye, a status report on the GMDSS from of the Office of the President three years ago (From http://www.medco.gov.ph/medcoweb/progprojl.asp)
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Project Details
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Global Maritime Distress and Safety System (GMDSS)
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Description:
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Project involves the establishment of shore based facilities for GMDSS through the construction of Maritime Search Communications (MASARCOM) stations in 19 sites nationwide.
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Scope:
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Nationwide
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Status:
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Completed
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Sector:
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Infrastructure – Seaports
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Locations:
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Nationwide (Davao, Zamboanga, General Santos, Surigao)
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Implementing Agency:
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DOTC-CITC
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Donor Agency:
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French Protocol
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Effectivity Date:
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Closing Date:
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08 July 2000
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Grant
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Loan
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Mixed Credit
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GOP Counterpart
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Proposed Project Cost
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Type of Assistance:
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CA
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Recent Updates:
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As of March 2005: – The project is suspended due to unilateral suspension of the contract by the Contractor on 15 July 2000. – Several attempts were done by DOTC to encourage the contractor to come to the negotiating table but the demands required by them are not acceptable to DOTC without violating any legal laws. Higher interventions might be necessary to resolve the empasse. – Overall physical accomplishment is 70.29%. The implementation was suspended since July 2000. Works in Aparri, Real, San Jose, Surigao, Zamboanga and Cagayan de Oro substantially completed but no Provisional Acceptance Test (PAT) conducted. – The CITC Chairman has issued a Memorandum dated 8 December 2004, directing the CPMO to reactivate the GMGSS-PMO for the conduct of inventory of facilities and equipment installed and delivered by the Contractor. -DOTC is willing to terminate the contract as long as the terms and conditions of the Termination Agrrement would be mutually acceptable to both parties and without prejudice to the claims available to the government.
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