MANILA, Philippines — Former Government Corporate Counsel Philip Jurado asked the Supreme Court to stop President Rodrigo Duterte’s exercise of emergency powers under the Bayanihan 2 law, which he claims expired when Congress’ regular session adjourned in the middle of House Speakership row.
In a 51-page Petition for Certiorari, Jurado asked the SC to also declare as invalid and void disbursements of public funds made after October 12, when he said the Congress' regular session ended.
“Republic Act 11494 ceased to be effective on 12 October 2020 when Congress’ regular session was automatically adjourned to give way to its special session scheduled on 13 October to 16 October 2020,” the petition read.
Jurado said that the Bayanihan to Recover as One Act expired on October 12, pursuant to its provision on Section 18 that states that the law “shall remain effective only until the adjournment of Congress.”
Jurado argued that while Section 18 of the law mentions the date Dec. 19, 2020, it was only stated since it is the date Congress intended to adjourn following the legislative calendar.
“On 6 October 2020, however, the House of Representatives suddenly suspended its session without passing or finalizing the national budget,” he said.
Then-Speaker Alan Peter Cayetano (Taguig-Pateros), in the middle of a power struggle with current Speaker Lord Allan Velasco, abruptly announced that the House will suspend sessions until November 16. This also prompted Duterte to call for a special session from October 13 to 16 to resume deliberations on the proposed national budget.
Emergency powers ceased when law expired
While the law had provisions explicitly stating some portions will remain effective beyond the expiration of the law, the section providing emergency powers for the president is not included in these.
“Congress, however, effectively divested the President of his emergency powers when it adjourned last 12 October 2020, not only because Section 18, RA 11494 limited the President’s emergency powers until Congress adjourns, but more so because Section 23(2), Article VI of the Constitution provides that such powers shall cease upon Congress’ adjournment,” Jurado said.
Section 4 of the law cited Article VI Section 23(2) of the law which read in part that in times of war or other national emergency Congress may authorize the president to exercise powers necessary to carry out national policy. “Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof,” it read.
But even beyond the supposed expiry of the law and Duterte’s emergency powers, the government continued to release, and is set to release, billions of funds to different agencies, Jurado said.
These actions, the petitioner said, were done without an enforceable and effective law. “There being no legal basis for their actions, respondents undoubtedly acted with grave abuse of discretion amounting to lack or in excess of their jurisdiction,” he added.
“As such, their actions is disbursing billions worth of public funds, supposedly pursuant to RA 11494 should be voided and declared illegal by the Honorable Court,” Jurado also said.