What's the difference between the declaration of a state of public health emergency and a state of emergency?
These declarations of a status or condition is given to the executive, just to reflect what's happening. Ano nga ba ang nangyayari?
These declarations of a status or condition is given to the executive, just to reflect what's happening. Ano nga ba ang nangyayari?
The Secretary of Health declared a public health emergency because there was an epidemic that threatened lives. The president now wants to declare a state of emergency, which is more sweeping than just a health emergency.
Now, the declaration is only the first step towards constitutional authorization for the exercise by the president, Congress or the State of extraordinary powers and prerogatives. Ano nga ba ang pwedeng gawin ng gobyerno?
During a public health emergency, reporting and tracking of diseases becomes mandatory. Additional quarantine regulations can be put in place. Misinformation and non-cooperation become criminal acts, as are price hiking for medicines. (See RA 11332 and RA 9271)...
Most of the acts are really executive in nature, although some become questionable for ambiguity and lack of standards.
On the other hand, the declaration of state of emergency is more general and more serious (why else will it get special mention in the Constitution, and in the same sentence as "in time of war"). After the declaration, the president has to ask Congress to allow him to exercise...
some legislative powers (i.e., breaking the separation of powers).
In Duterte's proposal, he is asking for whew, a lot. The Bayanihan Act of 2020 asks for powers to
1) take over privately-owned public utilities or businesses
2) exempt procurement from rules...
In Duterte's proposal, he is asking for whew, a lot. The Bayanihan Act of 2020 asks for powers to
1) take over privately-owned public utilities or businesses
2) exempt procurement from rules...
3) control and make road blockades
4) realign budgets
among others. These have to studied closely.
There's many an eyebrow up already, after reading the proposed law. The powers that Duterte are asking run dangerously excessive and unconstitutional, in usual fashion....
4) realign budgets
among others. These have to studied closely.
There's many an eyebrow up already, after reading the proposed law. The powers that Duterte are asking run dangerously excessive and unconstitutional, in usual fashion....
There's also the precedent of this government being abusive of powers. In the same breath that the declaration is different from the exercise of powers, the practice on the ground is different from the text of the law. Pero babala, maraming nakabantay.
