Emergency Powers, Constitutional Law

1. Concept

a. Emergency

War and other national emergency – Congress allowed to grant President emergency powers. In times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. (Section 23[2], Article VI, 1987 Constitution)

Same; Temporary take over or direct operation of any privately-owned public utility or business affected with public interest. In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest. (Section 17, Article XII, Ibid.)

Emergency. As a generic term, emergency connotes the existence of conditions suddenly intensifying the degree of existing danger to life or well-being beyond that which is accepted as normal. Implicit in this definitions are the elements of intensity, variety, and perception. Emergencies have been occasioned by a wide range of situations, classifiable under three (3) principal heads:

1) Economic;

2) Natural disaster; and,

3) National security. (David v. Macapagal-Arroyo, G.R. No. 171396, 03 May 2006)

Presi...

 



Already a subscriber? Log in below. Not yet a member? Subscribe.

 

Similar Posts