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President Duterte signs law authorizing himself special powers to address COVID-19

President Duterte signs law authorizing himself special powers to address COVID-19

President Rodrigo Roa Duterte signed a law on March 24, 2020, that will authorized himself to exercise additional powers necessary to address the coronavirus disease 2019 (Covid-19) situation in the country.

Currently, there are 308,594 COVID-19 cases and 13,069 deaths related to COVID-19 have been recorded all over the world1. Locally, there are 380 COVID-19 cases and 35 related deaths, as of 22 March 20202. These figures are very far from the Department of Health data three weeks ago – with just five (5) cases on 5 March 2020

When local transmission has been discovered and the confirmed cases that day reached 204, President Rodrigo Duterte, by virtue of executive power on March 9, 2020, formally declared a state of public health emergency in the Philippines through Proclamation No. 9225 in order to mobilize governmental and non-governmental agencies to respond to the outbreak of COVID-19.

Three (3) days after the declaration (state of public health emergency in the Philippines), President Duterte announced the partial lockdown, otherwise known as the “Community Quarantine” of Metro Manila starting at 12 midnight on 15 March 2020 until 14 April 2020. The said community quarantine suspended land, domestic air and domestic sea travel to and from Metro Manila to further control the spread of the virus.

With the partial lockdown, President Duterte likewise ordered the banning of mass gatherings; suspension of work in the Executive Department, but with skeletal workforces; the Department of Labor and Employment to encourage flexible work arrangements in the private sector; and the Department of Transportation to issue guidelines on social distancing in public transportation, among others. On this day also, there are 52 confirmed COVID-19 cases in the country, and mostly are confined and residing in Metro Manila.

However, the senate passed Senate Bill No. 1418, in substitution of S.B No. 1413, titled “Bayanihan to Heal as One Act,” was approved by senates that were physically present in the plenary.

The Republic Act No. 11469 or the Bayanihan to Heal as One Act was introduced by Senate President Vicente Sotto III, authorizes President Duterte to “reprogram, reallocate, and realign any appropriation” in the 2020 budget which will be used in the fight against Covid-19.

president duterte
Photo: https://www.officialgazette.gov.ph/2020/03/24/republic-act-no-11469/

This law will allow the President to freely move funds from both the National Government and the Government-owned and Controlled Corporations to generate funds for the Emergency Subsidy Program to ensure that the 18 million low income households in the Philippines have enough provisions during the lockdown. Moreover, the President is given the authority to purchase, in the most expeditious manner, goods that are necessary for the protection of frontline health workers, laboratory and medical equipment, medical supplies, tools, medicines, and testing kits, among others, that shall ensure the immediate detection and treatment of COVID-19 patients.

According to him (Sotto) in his explanatory note that: “In order to ensure that there will be no abuse in the exercise of the abovementioned powers, this law has provided safeguards, such as the limit of time when the powers shall be exercised, the reportorial requirement, the creation of a Congressional Oversight Committee, and the authority given to the Congress to withdraw such powers granted under this measure anytime.”