Misleading

P-Noy’s latest request to Congress for emergency powers that would enable him to address the “imminent shortage of power” in 2015 especially in Luzon has once more generated a lot of confusion and controversy. The use of the terms “emergency powers” is already quite misleading and therefore needs clarification so the public will not be fooled again.

Under the Constitution “emergency powers” can be granted to the President only “in times of war or other national emergency.” During any of these situations, “Congress may by law authorize (him), 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” (Article VI Section 23 [2]). 

Obviously our present situation cannot be strictly considered as “times of war” within the contemplation of the above provision. So, the main question that should be tackled here is whether or not there is an ongoing “national emergency” in our country now because of the power shortage next year. In other words, can said shortage of electric power in 2015 be considered a “national emergency” as set forth in our Charter?

One of the basic rules in statutory construction is that words and phrases used in the same sentence must be interpreted together and shall have the same connotation. So, “national emergency” as used in our Constitution should be taken to mean only as something similar to “times of war” because of the word “or” connecting these two phrases. In other words, “national emergency” that may justify a grant of emergency power to P-Noy contemplates a state of affairs as pressing and urgent as in times of war that requires immediate and decisive action.

Following this basic rule, it is quite clear that the projected power crisis in 2015 cannot be considered as a “national emergency” within the meaning of the Constitution. There is nothing similar at all between a situation involving a power shortage which is more a social and economic problem and times of war which endangers public safety and national security.

Besides, an emergency situation in ordinary parlance is a sudden and unexpected happening that calls for immediate action to defuse it. In this case, the energy crisis has not yet happened and is just being projected in 2015. In fact as early as 2011, there were already warning signs about it. Obviously, this looming shortage of electricity is not an unforeseen event which is what an emergency is all about. There is therefore no constitutional ground at all to grant P-Noy the emergency powers he is asking for.

The more objectionable aspect of his request is that he is even setting a deadline and pressing Congress to grant him the powers by this September or else it might be blamed for the crisis. This is indeed quite disgusting and insulting to our legislators particularly to Senator Osmena, the Senate chairman of the committee on energy. Osmena said that has been telling P-Noy and his boys of said shortage since 2011. But apparently, they have not done enough to address the situation and at least minimize the possibility of its happening by 2015. Now that it seems to be inevitable, they are “passing the buck” to Congress. Indeed Osmena has enough reason to be irritated by P-Noy’s stance on this matter.

To be sure, in this imminent shortage of electric power, P-Noy has once more demonstrated his tendency to put the blame on others; his refusal to admit any fault. His favorite “whipping boy” in this regard is of the course the past administration. Even while abroad, he continues to criticize and attack the GMA administration for the bad things happening in our country under his regime. This time in the case of the imminent power crisis, he and his boys are blaming the “El Nino phenomenon and delays in the start of operations of committed power projects.”

Actually however, it can be said that his administration is mainly to be blamed for the looming power crisis. P-Noy and his energy wizards have enough time, power and resources to prevent the happening of the imminent emergency. But like in other areas of governance they are relatively too slow in making a move to address the situation. Indeed ours is a government of reaction than of quick and positive action. So any delay involved in this projected electricity shortage could be attributed to them. This is the more important reason why emergency powers should not be given to P-Noy in this case. Why indeed should emergency powers be given to the one who created the emergency?

The “emergency powers” under the Constitution really refers to “emergency legislative powers” which means the power to legislate by means of Executive Orders. According to Fr. Joaquin Bernas S.J., one of the Commissioners who drafted the 1987 Constitution and a noted Constitutionalist, these can include “the power to rule by executive fiat.” Apparently this is the kind of power being asked by P-Noy. In fact, the power includes entering into “off budget transactions.” But with its inept, incompetent and sluggish performance during the Bohol earthquake and the Yolanda typhoon that hit Leyte and Cebu, with more reason should this power not be given to him. This may just be the source of more abuse and bigger anomalies that are being exposed now.

More alarming in this regard is that the public is being brainwashed that P-Noy is asking for emergency powers. Actually however, his letter request submitted to Congress dated September 12, 2014 is merely based on Section 71 of Republic Act 9136 otherwise known as the Electric Power Industry Reform Act of 2001. And said section merely provides that “Congress may authorize, through a joint resolution, the establishment of additional generating capacity under such terms and conditions as it may approve.” There is no mention at all of emergency powers. Clearly, the public is being misled again.

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