4. Emergency Powers

Emergency Powers

For Congress to validly delegate emergency powers to the President under Article VI, Section 23(2) of the 1987 Constitution:

• There must be a war or other national emergency.
• Congress must authorize the President by law to exercise powers necessary and proper to carry out a declared national policy.
• The authority must be for a limited period. Unless Congress withdraws it sooner by resolution, the powers cease upon Congress’s next adjournment.
• The exercise of the powers must be subject to the restrictions Congress prescribes.

Under the Bayanihan to Heal as One Act, Congress authorized former President Rodrigo Duterte to adopt temporary emergency measures in response to the COVID-19 pandemic. (Sec. 4, R.A. No. 11469)

Emergency Powers v. Calling Out Powers

The presidential proclamation of a state of emergency is NOT sufficient to allow the President to take over any public utility. Since it is an aspect of emergency powers in accordance with § 23 (2), Art. VI of the Constitution, there must be a law delegating such power to the President (David v. Macapagal-Arroyo, G.R. No. 171396, May 3, 2006).

Letters of Instruction (LOI) and Presidential Decrees issued by the President under the 1973 Constitution during Martial Law

LOIs are presumed to be mere administrative issuances except when the conditions set out in Garcia-Padilla v. Enrile exist.

To form part of the law of the land, the decree, order or LOI must be:

• Issued by the President in the exercise of his extraordinary power of legislation as contemplated in Section 6 of the 1976 Amendments to the Constitution.
• Whenever either
• In his judgment there exists a grave emergency or a threat or imminence thereof,
• The interim Batasang Pambansa or the regular National Assembly fails or is unable to act adequately on any matter for any reason that in his judgment requires immediate action [Philippine Association of Service Exporters, Inc. v. Torres, G.R. No. 101279 (August 6, 1992)].

National Emergencies

One of the misfortunes of an emergency, particularly, that which pertains to security, is that military necessity and the guaranteed rights of the individual are often not compatible.

The right against unreasonable search and seizure; the right against warrantless arrest; and the freedom of speech, of expression, of the press, and of assembly under the Bill of Rights suffered the greatest blow [David v. Macapagal-Arroyo, supra].