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'Not emergency powers': Palace says Duterte just needs 'ample latitude' for COVID-19 spending

Alexis Romero - Philstar.com
'Not emergency powers': Palace says Duterte just needs 'ample latitude' for COVID-19 spending
Earlier this month, Duterte declared a state of public health emergency throughout the Philippines due to the local transmission of COVID-19.
Philstar.com / Kat Leandicho, file

MANILA, Philippines — Malacañang on Sunday denied seeking emergency powers to address the rising number of 2019 coronavirus disease (COVID-19) cases in the country, a situation that it described as a national emergency that President Rodrigo Duterte needs additional powers to respond to.

"The letter to Congress signed by the Execurive Secretary says powers necessary to carry our urgent measures to implement the national emergency, not emergency powers," presidential spokesman Salvador Panelo said in a text message.

Earlier this month, Duterte declared a state of public health emergency throughout the Philippines due to the local transmission of COVID-19.

Cabinet Secretary Karlo Nograles said the declaratiom of a national emergency and the power to take over private firms was a proposal of Congress.

The Philippines has been in a state of national emergency since September 2016, although that is for "lawless violence".

"They will debate on it tomorrow (March 22) and we will see the result of the session of the House and the Senate," Nograles told GMA News.

"Malacañang just wants the President to have flexibility on the use of some of the provisions of the budget bill...so we can use them for our needs as we combat COVID-19," he added.

Under Proclamation No. 933 dated March 21, Duterte urged Congress to hold a special session on Monday, March 23, to allow him to "exercise powers necessary to carry out urgent measures to meet the current national emergency" relating to COVID-19.

The President also wants lawmakers to provide him "ample latitude to utilize appropriate funds to strengthen governmental response" against the threat of the disease and to continue providing basic services to the people.

In a letter sent to Senate President Vicente Sotto III last March 21, Duterte certified as urgent the passage of a bill entitled "An act to declare the existence of a national emergency arising from the coronavirus 2019 (COVID-19) situation, a unified national policy in connection therewith, and to authorize the President of the Republic of the Philippines for a limited period and subject to restrictions, to exercise powers necessary and proper to carry out the declared national policy and for other purposes."

'Emergency powers' in draft bill

A draft bill leaked to reporters, however, used the term "emergency powers" in its declaration of policy.

"By reason thereof, and in order to optimize the efforts of the President to carry out the tasks needed to implement the aforementioned policy, it is imperative to grant him emergency powers subject to such limitations as hereinafter provided," the bill read.

Palace officials have not confirmed whether the draft bill was the version they transmitted to Congress.

The draft bill also allows the President to take over private firms when necessary

"When the public interest so requires, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest to be used in addressing the needs of the public during the COVID-19 emergency as determined by the President..." the bill read.

The private firms include but are not limited to hotels and other similar establishments to house health workers, serve as quarantine areas, quarantine centers, medical relief, and aid distribution locations or other temporary medical facilities; public transportation to ferry health, emergency, and frontline personnel and other persons; and telecommunications entities to facilitate uninterrupted communication channels between the government and the public.

The draft bill, however, said the management shall be retained by owners of the public service or enterprise, under the direction and supervision of the President or his duly designated representative who shall render a full accounting to the president of the operations of the business taken over "to the extent feasible."  

"Whenever the President shall determine that the further use or operation of the government of any such public service or enterprise is no longer necessary under existing conditions, the same shall be restored to the person entitled to the possession thereof," the draft bill read.

Owners of the business that were taken over may be entitled to reasonable compensation for any additional damage or costs they incurred "after the situation has stabilized or at the soonest time practicable."

Nograles was mum on the alleged proposal by the Senate to allow the government to take over private entities if necessary.

"As I said, the House and the Senate will debate on it. Let's just wait for the result of the debate because we in the executive branch will just follow the law to be passed by Congress," he added. 

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