Senate Minority Floor leader Franklin Drilon this
early on questions the constitutionality of the proposed extension of the Bayanihan
to Heal as One law, which granted the President emergency powers to address the
coronavirus pandemic in the country.
In a joint hearing of the Senate committees on
finance and economic affairs, the opposition leader raised the issue of
constitutionality on the proposal to extend the validity of the Bayanihan Act,
noting that powers granted by Congress cease when it is adjourned, citing
Section 23 Article 6 of the Constitution.
As per the approved the Bayanihan law will lapse on June 24, while Congress is set to adjourn on June 6.
As per the approved the Bayanihan law will lapse on June 24, while Congress is set to adjourn on June 6.
Senate Minority Floor leader Franklin Drilon (photo credit to owner) |
The committees are tackling if there is a need to
extend the said law for another three months or up until September. A similar
bill is also filed in the lower house.
“My strict reading
of this provision (Section 23),” said Drilon, “indicates that it appears that
Congress is not authorized to extend the law because the provision does not say
that it can be extended as distinguished and as contrasted to the
proclamation of the martial law, and the suspension of the privilege of writ of
habeas corpus.”
Drilon
cited the discussions of Fr. Joaquin Bernas, one of the framers of the 1987
Constitution, on the spirit of Section 23, Article 6 of the charter.
“Father
Bernas is of the view that when Congress is not in session and is therefore
unable to act on emergency situations, the President himself is stripped of his
emergency powers,” Drilon said.
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