Veteran
lawmaker Albay representative Edcel Lagman made public in saying that the
special session called for by both houses of Congress which granted President
Rodrigo Roa Duterte special powers to fight the novel coronavirus 2019 disease
or COVID-19 epidemic were invalid.
Lagman
is one of the nine House members who voted against the passage of the
“Bayanihan To Heal As One Bill,”arguing
that the deliberations conducted and the voting done are unlawful. The vote
result was 284 Yes after
the third reading.
The
unprecedented system of session via electronic platforms was “not legal because
the innovation was not validly effected by a proper amendment of the existing
pertinent House rule/practice requiring the physical presence of members in the
plenary hall for the determination of a quorum and ascertainment of the
requisite vote,”according to Lagman.
Albay representative Edcel Lagman (photo credit to owner) |
He
further alleges that the suspension or amendment of the House rules to allow online
and text voting “was not even formally moved, requested or required.”
Another
technical ground, Lagman said the special session as a “sham” because Speaker
Alan Peter Cayetano announced the presence of a quorum “without a roll call and
with a declaration that practically all members are purportedly on ‘official
business’ in their respective constituencies in order to consider them
‘present’ but without the right to vote in absentia.”
“Consequently,
House Bill No. 6616 was invalidly passed.”
Bill
is unconstitutional because realignment of items in the 2020 in the national
budget was already enacted into a law last January.
“Authorizing
the President to cause the ‘discontinuance of appropriated programs, projects
or activities’ to generate forced savings demeans the congressional power of
the purse and even allows the President to dismantle funds appropriated by the
Congress in the (General Appropriations Act) GAA,” he said.
No need for additional budget
Lagman
is convinced there is no need to give additional money to Duterte because there
are adequate funding under the 2020 GAA to respond to COVID-19, noting there is
a P13 billion contingency fund.
“Under Section 66 of the General
Provisions of the GAA, the President is already authorized to use legitimate
savings in the executive department and to augment deficient appropriations
from such savings,” he pointed out.
“The grant of additional emergency
powers to the President to combat COVID-19 is unnecessary because he has
express and inherent powers as Chief Executive which he has been discharging
nationwide to contain the spread of the novel coronavirus,” the lawmaker added.
The
other eight House members who voted against
the bill were all members of the Makabayan bloc - Bayan Muna Reps.
Carlos Zarate, Eufemia Cullamat and Ferdinand Gaite, ACT Teachers Rep. France
Castro, Gabriela Rep. Arlene Brosas and Kabataan Rep. Sarah Elago; Magdalo Rep.
Manuel Cabochan III and Camarines Sur Rep. Gabriel Bordado Jr.
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