Presidential emergency powers

There was no doubt President Rodrigo Duterte’s first State of the Nation Address (SONA) was very well received by many sectors including the business sector. The feedback from the majority of Filipinos was generally upbeat. It was “classic Digong” with a lot of portions delivered in his usual down-to-earth comments spiced with a few funny adlibs that elicited laughter from the audience. It was not the 30 minutes that administration officials had predicted, but the no-BS tenor of the speech connected well with Filipinos who described it as one of the most sincere and candid SONAs ever.

Our in-house feedback pollster tells us people did not mind the president veering away several times from the prepared speech to elaborate on certain points, primarily on the fight against lawlessness, the campaign against drugs, lowering tax rates, and the perennial problem of traffic that continues to make life hellish for motorists and commuters in Metro Manila and other urban centers like Cebu.

One of the most significant portions of the president’s SONA was when he asked Congress to grant him emergency powers to ease the nightmarish traffic situation so that critical infrastructure projects such as road networks, railways and airports can be implemented with speed.

But unfortunately, there are already some unscrupulous traffic enforcers undermining the efforts of the president to ease the traffic burden of Filipinos because of their arrogant and abusive behavior. In fact, we have been receiving so many complaints about unreasonable traffic enforcers who are using their position to engage in “kotong” (mulcting) from motorists, like the traffic marshals of Bonifacio Global City who descend like a horde of vultures to issue tickets to hapless motorists for imagined traffic violations.

We are told that these marshals – whom many suspect are frustrated policemen who probably failed to make the grade with the PNP – are paid apparently on a quota basis so the more apprehensions and tickets they issue, the bigger the pay. No wonder they use harassment and intimidation to compel drivers to pay up even if their only “violation” is to momentarily stop on a quiet spot on the road to pick up something on the floor of their car.

According to Republic Act 4136 or the “Land Transportation and Traffic Code,” the only individuals who have authority to confiscate licenses are Land Transportation Office operatives and MMDA enforcers (by virtue of Section 5 of RA 7924 that created the MMDA), but some local governments have issued ordinances allowing deputized traffic enforcers to confiscate driver’s licenses on the strength of the Local Government Code of 1991 or RA 7160. 

This is also probably the reason why some unreasonable Makati Public Safety Department (MAPSA) traffic operatives don’t even bother to explain the supposed traffic violation. In fact, there was an incident involving an office driver waiting for his passenger who stepped inside a restaurant in Salcedo Village which is supposed to be open to parking. The driver, who was inside the vehicle with the engine running, could not understand why his license was confiscated by the MAPSA who told him to “just pay the fine.”

These incidents seem to be happening everywhere and becoming more prevalent. The administration should look into this because small things like this could definitely lead to bigger abuses. These incidents make people wary about the thought of emergency powers – which is why the scope and parameters must be very clear and specific.

No question however that nothing short of emergency powers can speedily solve the problem of congestion not only on the road but also on air. I spoke with Transportation Secretary Art Tugade a few days ago about the steps being planned by the government to decongest the Ninoy Aquino International Airport, and the plan to transfer general aviation aircraft currently utilizing the old Domestic terminal area in Pasay City. While everyone agrees about the need to decongest NAIA, it is more practical to move gen-av aircraft to Subic and Clark where there are existing facilities. The alternative Sangley Airport in Cavite is too close to the sea and bad for aircraft maintenance.

Besides, Sangley Airport does not have the necessary facilities such as hangars to accommodate all the private aircraft currently utilizing the old Domestic terminal. Construction of these hangars and other facilities will not only take time but a lot of money.

The helicopters should be allowed to stay in the current general aviation area at the NAIA for a number of reasons, among them the fact that they do not require a runway. Secondly, they could be utilized as transport options for high-end tourists going to Amanpulo, Palawan or similar resorts. They could even be used to ferry passengers to either Subic or Clark while the proposed super road network and rail system going straight to Clark and Subic is being built – which for sure will take some time, considering that the proposed emergency powers for the president is only for two years. 

Art Tugade tells me Congress will still have oversight and there will be full transparency on contracts especially for projects that will not go through public bidding to cut down on the red tape and expedite the implementation. Additionally, it will only be the Supreme Court that can issue temporary restraining orders whenever questions on bidding and other legal matters come up to prevent legal snags and delays in implementing critical infrastructure projects.

It goes without saying that implicit with the granting of emergency powers is the trust of the people on the president. Judging from his record high trust ratings, Filipinos believe in President Duterte’s assurance that “this will be a clean government.”

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