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Tuesday, October 11, 2005
Justice chief readies draft of emergency order
MANILA -- An executive draft on the declaration of a state of national emergency, which gives the government all-encompassing power to take over private utilities, is now ready for President Gloria Macapagal-Arroyo's signature.
Justice Secretary Raul Gonzalez Sr. said in a press briefing Monday that the research he has done two weeks ago is already in draft form and will be presented to the President if the need arises.
He denied that what he drafted was a proclamation of a state of lawless violence and rebellion.
Gonzalez said what he has prepared is a draft of a state of national emergency declaration, adding that he used Section 17, Article 12 of the 1987 Constitution as his basis.
Under the provision, the President may "in times of emergency and under reasonable terms temporarily take over any privately-owned public utility or business affected with public interest."
Gonzalez said a proclamation of a state of national emergency should not be mistaken as a declaration of Martial Law, which will still need congressional authority.
In the five-page draft prepared by Gonzalez, the President would be given "economic powers" to take over private enterprises tainted with public interest, such as the operation of airports and transportation facilities, power and oil plants, and even media entitles, for a certain period and even without compensation.
He said this would be done to arrest possible onset of lawless violence and rebellion or any threats to peace and order, such as natural disasters, and to prevent the paralysis of businesses.
"This is the same economic emergency powers I discussed before but at that time, there was no draft. We are looking at events, because the economic situation also involved the political situation," he said.
He said the President has yet to see the draft but that he already discussed it with House Speaker Jose de Venecia.
Earlier, Gonzalez said although Malacañang may exercise its power to declare Martial Law, or at the very least a state of national emergency, it is not inclined to do so just yet.
Gonzalez had ordered a feasibility study of a government takeover of oil and power firms as well as air and shipping lines should the country need help in coping with the global oil crisis.
The devaluation of the peso and the runaway prices of oil products and other commodities, coupled with the implementation of the expanded value-added tax (VAT) law have caused so much public outrage that he feared this might drive people to violence, he said.
"In cases of rebellion and lawless violence, the President can declare Martial Law but within 48 hours Congress must convene to vote whether or not to support it. Whether the justification for that will follow will depend upon the situation," he said.
Gonzalez laughed off as mere distortions of the opposition that the granting of emergency economic powers to President Arroyo is an act way too similar to the late strongman Ferdinand Marcos' declaration of Martial Law.
He said any grant of such powers to Arroyo is under the same principle that allowed such to be given to former President Corazon Aquino at the height of the power crisis. (ECV/Sunnex)
(October 11, 2005 issue)
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