How President Duterte's special powers bill morphed in about 36 hours (A thread)
PH Senate and House of Reps passed on 3rd reading Tuesday midnight their own versions of bill seeking to grant special powers to PRRD to address the spread of #COVID19PH
PH Senate and House of Reps passed on 3rd reading Tuesday midnight their own versions of bill seeking to grant special powers to PRRD to address the spread of #COVID19PH
The House eventually adopted SB 1418 which will be forwarded to PRRD for his signature.
But what changes were made to Malacanang's proposed bill?
First, the title -- from Bayanihan Act of 2020 to Bayanihan To Heal As One Act.
But what changes were made to Malacanang's proposed bill?
First, the title -- from Bayanihan Act of 2020 to Bayanihan To Heal As One Act.
Unlike Malacanang draft which mentions "emergency powers," SB 1418 uses the term "authority."
But the section granting authorities to the Pres invokes Art VI, section 23(2) of Consti (Congress’ delegation of emergency powers to Pres during nat'l emergency)
But the section granting authorities to the Pres invokes Art VI, section 23(2) of Consti (Congress’ delegation of emergency powers to Pres during nat'l emergency)
SB 1418 no longer contains provision allowing Pres to “temporarily take over or direct the operation of any privately-owned public utility or business affected with public" but limited scope to “direct operations” of privately-owned hospitals, passenger vessels, public transpo
SB 1418 adds provision exempting from procurement laws purchase of goods, services for social amelioration measures. Malacanang only asked for exemption for purchase of goods, lease of real property, construction of facilities, hiring of critical services in fight vs #COVID19
SB 1418 gave Pres add'l powers to provide for 30-day grace period for payment of loans and residential rents, move the deadline for payment of taxes, expand the Pantawid Pamilya program, exempt from import taxes importation of equipment and supplies needed for fight vs #COVID19.
SB 1418 solves a potentially unconstitutional provision in Malacanang draft which would have authorized the President to reprogram, reallocate any appropriation in the 2020 General Appropriations Act for any purpose by limiting this authority to savings within the Executive Dept.
No less than retired SC SAJ Antonio Carpio said that the original provision is "unconstitutional insofar as reprogramming and reallocation of appropriations are concerned because only savings from appropriations can be realigned or transferred."
Ret. SAJ Carpio: [T]he President can only realign savings from appropriations in the approved budget of the Executive branch. He cannot realign savings in the Judiciary, the Legislature, or the Constitutional Commissions.
Instead of the monthly requirement for the President to submit a report to Congress, SB 1418 now requires a weekly report with details on the amount of funds used.
In Malacañang draft, law will be effective for 2 mos or longer if calamity will persist, without prejudice to powers the Pres may continue to exercise under the Constitution or other laws.
SB 1418 expanded this to 3 mos but gave Congress sole authority to extend it.
SB 1418 expanded this to 3 mos but gave Congress sole authority to extend it.
But ex-SAJ Carpio points out, law might be effective until current session of Congress adjourns in 2022. Under Sec 23(2), Article VI of Consti, powers granted to the Pres under the Act ‘shall cease upon the next adjournment of Congress’ if Act not sooner terminated or withdrawn.
ES Medialdea, SOJ Guevarra, Finance Sec Dominguez stayed in the Senate until past 2am Tuesday, after SB 1418 was passed on 3rd reading.
Asked who were instrumental in fixing problematic provisions in orig Malacañang draft, Guevarra said: “joint legislative-executive effort.”
Asked who were instrumental in fixing problematic provisions in orig Malacañang draft, Guevarra said: “joint legislative-executive effort.”
