Extraordinary powers

WHAT is going on? I asked myself.

Have you ever wondered what was going on? Right now? Another day? Another death?

Our country has a violent and deadly political culture. Two politicians were killed in a week, one after the other. Right now, the authorities are investigating the shameless killings.

Meanwhile, inflation is not slowing down. The movement of prices of basic goods and services are accelerating.

Of course, the bandwagon of blaming the President comes in again. We can’t stop these people from blaming the President. Some reason he has the leeway to exercise protective measures from the violence happening.

What do you think can the President do?

There are at least three extraordinary powers that the 1987 Philippine Constitution vests on the President. These powers depend largely on the wide presidential discretion.

The first extraordinary power of the President is found in Section 23, Article VI. It provides that Congress, by a vote of two-thirds of both Houses in joint session assembled, voting separately, shall have the sole power to declare the existence of a state of war.

It also provides that in times of war or other national emergency, 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 Unless sooner withdrawn by resolution of Congress, such powers shall cease upon the next adjournment thereof.

The second extraordinary power of the President is found in Section 18, Article VIII which authorizes the President to call on the Armed Forces to prevent or suppress lawless violence, impose martial law, or suspend the privilege of the writ of habeas corpus in case of invasion or rebellion.

The last extraordinary power is found in Section 17, Article XII. It provides that in times of national emergency when public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest.

In sum, extraordinary powers should only be invoked as a last resort. The Supreme Court ruled in the case of David vs. Macapagal-Arroyo that “the power (or these powers) is by and large discretionary power solely vested on the President’s wisdom.”

May the President use his extraordinary powers with wisdom and intelligent discretion.

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(Atty. Ayin Dream D. Aplasca practices her profession in Iloilo City. She may be reached thru ayindream.aplasca@gmail.com/PN)

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