Emergency Powers | Powers of the President | EXECUTIVE DEPARTMENT

EMERGENCY POWERS OF THE PRESIDENT (Philippine Legal Context)

Under the 1987 Constitution of the Republic of the Philippines, the President is vested with various powers, including emergency powers. These powers allow the President to address extraordinary situations, such as war, national emergency, or widespread calamities, by exercising authority that may ordinarily rest with other branches of government. However, these powers are limited by constitutional and statutory safeguards to prevent abuse and ensure accountability.

Constitutional Basis

The President’s emergency powers are grounded in Article VI, Section 23(2) of the 1987 Philippine Constitution, which states:

"In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period 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 Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof."

This provision gives the President temporary extraordinary powers but only under specific circumstances and subject to congressional approval.

Conditions for Granting Emergency Powers

Emergency powers may be exercised only under the following conditions:

1. Existence of War or National Emergency: Congress must recognize that a situation of war or national emergency exists, which requires the use of emergency powers. National emergencies include economic crises, natural calamities, pandemics, or armed conflicts that severely disrupt the normal functions of government and society.

2. Congressional Authorization: Congress must pass a law that explicitly authorizes the President to exercise emergency powers. This law must clearly define:

   • The specific powers being granted to the President.
   • The scope and limitations of those powers.
   • The duration of such powers (limited period).
   • Any restrictions or conditions Congress deems necessary to safeguard public interests and prevent abuses.

3. Time-Bound Nature: The grant of emergency powers is only for a limited period. The law must specify the duration, and unless withdrawn sooner, these powers automatically cease upon the next adjournment of Congress.

4. Congressional Oversight and Withdrawal: Congress retains the power to withdraw the emergency powers at any time by passing a resolution. This serves as a check on the President to ensure that such powers are not perpetuated unnecessarily.

Scope and Limitations of Emergency Powers

The exercise of emergency powers allows the President to take swift and decisive action to address the emergency situation, but these powers are not absolute. There are specific limitations:

1. Constitutional Limits: Even during a national emergency, the President must respect the Constitution. Fundamental rights, such as freedom of speech, press, and assembly, cannot be arbitrarily curtailed unless expressly justified under national security or public safety concerns, as determined by the courts.

2. Legislative Delegation: Congress retains primary legislative power. The President cannot assume the power to legislate but can only implement measures authorized by law. The delegation must be precise, ensuring the President does not overstep the scope of powers granted.

3. Judicial Review: Actions taken by the President under emergency powers are subject to judicial review. The Supreme Court may review the validity of laws and executive actions to determine whether they exceed the powers granted by Congress or violate constitutional rights.

4. Fiscal Powers: Under emergency powers, the President may reallocate funds or impose controls over resources to address the crisis, but these actions must comply with the constitutional provision on the use of public funds. Congressional authorization is necessary for any substantial reallocation or use of public funds.

Historical Context

Several instances in Philippine history have seen the invocation of emergency powers:

1. World War II: During the Japanese invasion of the Philippines, the emergency powers of the President were invoked to mobilize resources and maintain government functions under extremely difficult conditions.

2. Martial Law under President Ferdinand Marcos: While not strictly an exercise of emergency powers under Article VI, Section 23(2), President Marcos declared martial law in 1972, using his powers under the old 1935 Constitution. This event is often associated with the abuse of executive power, which underscores the importance of limitations and oversight.

3. Power Crisis in the 1990s: President Fidel V. Ramos was granted emergency powers to address the severe energy crisis that crippled the country. The Electric Power Crisis Act of 1993 (Republic Act No. 7648) gave the President authority to negotiate and enter into contracts for the purchase of additional power supplies, bypassing certain procedural constraints.

4. COVID-19 Pandemic: In March 2020, Congress passed Republic Act No. 11469 (Bayanihan to Heal as One Act), which granted President Rodrigo Duterte emergency powers to address the COVID-19 pandemic. These powers allowed the President to:

   • Realign the national budget to prioritize pandemic response.
   • Mandate public and private hospitals to accommodate COVID-19 patients.
   • Regulate transportation and essential services.
   • Impose quarantines and lockdowns.

Statutory Provisions on Emergency Powers

Several laws provide the framework for the President's exercise of emergency powers. Apart from the constitutional provision, these laws also guide the procedures and limitations:

1. Republic Act No. 11332 (Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act): This law was invoked during the COVID-19 pandemic and gives the President the power to declare a public health emergency and exercise necessary measures to control the outbreak.

2. Republic Act No. 11709 (The National Defense Act): This law provides that in times of war or emergency, the President may call upon the Armed Forces to carry out emergency functions.

3. Republic Act No. 10121 (Philippine Disaster Risk Reduction and Management Act of 2010): This law empowers the President to declare a state of calamity and direct the use of government resources to assist affected areas.

Comparison to Martial Law Powers

Emergency powers are distinct from the President’s power to declare martial law. While both are invoked during national emergencies, the emergency powers under Article VI, Section 23(2) require Congressional authorization. In contrast, martial law can be declared directly by the President under Article VII, Section 18, subject to congressional review and Supreme Court oversight.

• Emergency Powers: Generally used for specific, time-bound situations to address crises like economic collapse or natural disasters. Legislative approval is required, and there are precise limits on scope and duration.

• Martial Law: Involves a broader scope, potentially including the suspension of civil rights and the use of the military to control civilian government. While Congress and the courts can review martial law, it is initially declared by the President.

Conclusion

Emergency powers are a critical tool for the President of the Philippines to address significant crises but must be exercised within the bounds of the Constitution and with appropriate checks and balances. Congressional oversight, judicial review, and clear limitations on the scope and duration of such powers ensure that they are used for the benefit of the public and not as a means for executive overreach. The historical context of their use in the Philippines, from power crises to pandemics, underscores the necessity of these powers while also reminding us of the importance of safeguarding democratic institutions and the rule of law.