Lawyer enumerates "actual powers" that was given to Pres. Duterte by Congress (explained)

Critics and Detractors of the Duterte administration are up and arms because they are saying the emergency powers bill that was passed by the Senate which was eventually adopted by the House of Representatives is a subtle way of giving President Rodrigo Duterte the powers that of the same as if there is a declaration of Martial Law.

In this time of crisis, where the country is in the thick of the fight as against the fast spreading novel coronavirus 2019 disease or COVID-19 the lawmakers thru a law decided that the President of the Republic be given powers that can easily addressed the pressing problems brought about by the bureaucratic structure of government with respect to the availability of funds.

Below is the post of Atty. Shela Grace Mepa, making it simple for the like of us to understand what are actually the “powers” granted to the President  in these trying times for the country.

President Rodrigo Duterte
(photo credit to owner)

Please see full quote of her Facebook post:

SHARING para mas maintindihan. Malinaw walang martial law. Protected yan ng Constitution natin. Maka hashtag naman kayo parang alam na alam niyo magpalakad ng bansa eh. Yung city at barangay nga hirap na mga kapitan at mayors.Pwede po mag isip hindi yung paniwalang paniwala agad sa fake news at nagpapakalat ng panic, negativity and confusion. Makakontra lang eh, krisis na nga.

Here are the actual "powers" granted to the President under the Senate version (which the House also adopted this morning):

1. Streamlining of accreditation of test kits (hello, FDA 👋)

2. Prompt testing of PUIs and PUMs (so dapat walang namamatay sa COVID nang hindi nate-test!)

3. Compulsory and immediate isolation and treatment of patients (so dapat bawal na pauwiin na lang)

4. PHILHEALTH coverage for all COVID-19 treatments (so dapat ba covered ng Philhealth kahit di ka official member? hintayin ang guidelines)

5. Emergency subsidy of P5,000 to P8,000 to 18 million low income households all over the country

6. Special Risk Allowance for all public health workers in addition to the hazard pay (dapat lang cos buhay nila ang nakataya)

7. PHILHEALTH coverage for all public and private health workers in case of COVID19 exposure (ibid.)

8. Cash compensation of P100,000 to public and private health workers who may contract severe COVID-19 infection on duty, and P1 million to public and private health workers who may die fighting the COVID-19 epidemic. (this is retroactive so covered yung mga health workers na namatay since Feb 1)

9. Ensure compliance of LGUs while still respecting their autonomy (the Vivico provision ❤😁)

10. Limited take-over with proper compensation of the following if they unjustifiably refuse or are incapable of operating during the COVID-19 crisis:
- private hospitals
- establishments for the purpose of housing health workers
- transportation for frontliners

(Wala na yung general take over kasi weird naman talaga yun)

11. Enforce anti-hoarding and profiteering measures for food, clothing, medical supplies etc (dapat hulihin rin yung mga yayamanin na nag-hoard for their personal over consumption e no)

12. Ensure that donation of health products are not delayed.

13. Priority procurement, allocation and distribution of medical goods such as test kits, PPEs, medical devices (i.e. mechanical ventilators), and medicines (i.e. vaccines) (#MassTestingNowPH)

14. Allocation of these medical goods to COVID-19 referral hospitals (PGH, Lung Center, JRM, private hospitals with COVID 19 patients)

15. Engage volunteer health workers who shall get compensation + hazard pay (pinush talaga ang sandamakmak na benefits for health workers. Dun man lang, makabayad tayo. Thank you frontliners!)

16. Availability of credit and lower interest rates for production

17. Incentives to manufacturers/importers of healthcare supplies

18. Ensure supply chain of food and medicine (reasonably necessary measures daw so ito dapat bantayan sa IATF guidelines)

19. Regulate transportation and traffic (to make the quarantine effective at para tanggalin ang mga OA na checkpoints)

20. Authorize alternative work arrangements for both government and private sector (na current status naman na)

21. Additional budget from the Executive Department for DOH, UP PGH, calamity fund, DOLE for the displaced workers, DTI Livelihood Seeding Program, DA Rice Farmers Financial Assistance, DEPED School Based Feeding Program (di ko gets to kasi wala naman pasok sa school? haha), DSWD Assistance to Individuals in Crisis Situations, LGUs, Quick Response Funds. (Executive funds lang gamit dito so no transfers between branches which is prohibited under the Consti. Yung mga Executive items na mawawalan ng budget, pwede daw irevive within 2 fiscal years)

22. Use of Special Purpose Funds for COVID-19 response.

23. Move statutory deadlines for filing of any legal documents

24. Moratorium for all loans including personal, housing, motor vehicle, credit cards falling due within the period of quarantine for a minimum of 30 days without penalties, interests and other fees (so pwedeng di muna magbayad ng utang for 30 days).

25. Residential rent freeze for 30 days without penalties, interests, and other fees.

26. Lift the 30% limit on the Quick Response Fund.

27. Report to Congress the amounts, realignment of funds every Monday of the week.

28. Impose penalties on LGUs, hospitals/establishments under item 10 above, hoarders and profiteers, mga landlords na naniningil pa rin, mga nagpautang na ayaw maghintay ng 30 days, at mga tayo ng tayo ng checkpoint na hindi naman kailangan.

29. Effectivity of these powers were clipped from an indefinite "2 months or longer" to "3 months, unless extended by Congress".

Like any other political story, there are a lot of versions to the emergency powers. Dahil work from home tayo lahat ngayon, we have the obligation to monitor these powers-na-naging-duties and see to it that the spirit of the law is followed.

For our frontliners, let us unite in pushing for the provisions entitling them to more benefits! 🇵🇭🙏

#HealAsOne

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