The Bayanihan to Heal as One Act grants President Rodrigo Duterte 30 special powers, and excludes the proposed contentious provisions on the takeover of private businesses
Sofia Tomacruz
Published 12:56 AM, March 25, 2020
Updated 1:35 AM, March 26, 2020
MANILA, Philippines – President Rodrigo Duterte signed on Wednesday, March 25, the bill that grants him 30 special powers to address the novel coronavirus outbreak in the Philippines.
Duterte’s former aide and now Senator Bong Go confirmed this in a message to reporters.
Duterte signed the Bayanihan to Heal as One Act of 2020 past midnight of Wednesday – a day after Congress passed the bill, a result of a special session that ran from Monday morning until past 3 am Tuesday. A copy has yet to be released to media.
The law was parsed through by lawmakers, who removed unconstitutional budgetary provisions and controversial provisions on the takeover of businesses. The earlier version of the bill had proposed to grant Duterte emergency powers.
Provisions that would have given the President authority to extend his special powers were also deleted.
The law declares a state of national emergency, which comes on top of a month-long Luzon-wide lockdown, and earlier declarations of a state of calamity and a state of public health emergency in the country.
To stay updated on news, advisories, and explainers, check out our special coverage page, “Novel Coronavirus Outbreak.”
What are Duterte’s special powers? Based on a final version of the measure passed by the Senate and adopted by the House of Representatives, Duterte is allowed 30 powers.
Among the items listed in the law is the authority to give 18 million low-income families P5,000 to P8,000 in emergency cash aid, depending on the prevailing minimum wage in the region.
The measure also ensures that health workers get a special risk allowance on top of their regular hazard pay. It also directs the Philippine Health Insurance Corporation (PhilHealth) to shoulder all medical costs of workers exposed to the coronavirus during the duration of the emergency.
The law also mandates that P100,000 be given to public and private health workers who contract severe coronavirus disease (COVID-19). Families of health workers who died of COVID-19 in the line of duty will receive P1 million, effective retroactively.
Congress removes Duterte’s authority to extend special powers, but does it ease fears?
‘Congress has proven that it will follow and obey the President’s wishes and submit to his commands,’ says human rights lawyer Edre Olalia
The powers outlined in the Bayanihan Heal as One Act are based on Article VI, Section 23 (2), of the Constitution. This provision allows Congress “in times of war or other national emergency” to pass a law authorizing the President “to exercise powers necessary and proper to carry out a declared national policy.”
The law grants Duterte the power to take over private medical facilities and public transportation. Executive Secretary Salvador Medialdea earlier said the provision was merely to provide Duterte a “standby power.”
This was based on Section 17 of Article XII of the Constitution, which allows the State “during the emergency and under reasonable terms prescribed by it, [to] temporarily take over or direct the operation of any privately owned public utility or business affected with public interest.”
Budgetary concerns: The law also grants Duterte the power to discontinue appropriated programs or activities of any agency of the executive branch, including government-owned and controlled corporations. Savings will be prioritized for the following:
Department of Health (DOH)
Philippine General Hospital
National Disaster Risk Reduction Fund
Department of Labor and Employment programs
Department of Trade and Industry livelihood program
Department of Agriculture assistance programs
Department of Education school-based feeding programs
Department of Social Welfare and Development (DSWD) assistance programs
Local government units (LGUs)
Quick response funds of department such as, but not limited to, DOH and DSWD
The measure allows the lifting of the 30% cap on amounts appropriated for the Quick Response Fund.
This is in stark contrast to an earlier version of the measure, which had no breakdown of some P257 billion to be tapped to respond to the outbreak.
Is this necessary? Several lawyers criticized the measure for being “superfluous.” Duterte, they insisted, did not need these special powers, as existing laws already vested the executive branch such powers.
In particular, the Free Legal Assistance Group (FLAG) said, Republic Act No. 11332 or the Mandatory Reporting of Notifiable Diseases and Health Events of Public Health Concern Act already gives Duterte powers to respond to a pandemic.
Several lawmakers echoed this, saying the measure did not address the root cause of the health crisis seen in the Duterte government’s lack of a comprehensive plan against the outbreak.
Duterte has to report to Congress: The law requires Duterte to submit to Congress weekly reports on the utilization and realignment of funds related to the measure.
Meanwhile, those who violate the law may face imprisonment of up to two months or a fine of not less than P10,000 but not more than P1 million. Among possible violations include LGUs which do not follow national policies; private health facility owners who do not comply with the order; hoarders; and individuals or groups found to be “creating, perpetuating, and spreading false news” online and on other platforms.
The Bayanihan to Heal as One Act will be valid for 3 months unless extended by Congress or terminated earlier through a concurrent resolution or a presidential proclamation.
As of Tuesday, the Philippines has recorded at least 552 confirmed coronavirus cases, including 19 recoveries, and 35 deaths. – Rappler.com
We understand the challenges of governance of our President Rodrigo Duterte what is being said in our reaction.For example, the best part of knowing that it’s controllable there are no further issues.The undeniable solutions how this coronavirus can interfere into our daily life.Infections is arising which basically refer to the national opinion of our problem in health treatment. In terms of pandemic we could exemplify the instructions of the government due to coronavirus. I want to ask the President when it comes to the measure of this illness? It’s not that we become like China or Singapore make us to survive today. The administration interpretation is very important the need to discuss we taught of human disaster never let good medicine go to waste.The reason of crisis as they want to question the hygiene and safety of all our public management. People must be aware to trust the frontliners respect our human rights relevant to our interest.We should have a chance to protect this unpatriotic reaction of our government.Emergency in many forms may require most helpless feeling in our life.I know how they have to motivate us our medical schools.What might be in rigorous is to let them ask warned the pollution waste to throwaway this culture.We are in the priority of informing that this “virus” is for all paramount of their defenders.Members of the Catholic Church Cardinal Luis Antonio Tagle already of the possible advice and convinced they don’t come through at all.At least for those patients continue to live longer it’s serious of finding that acceptance. For instance, We have “Manny” who is infected of Tuberculosis (TB) the prevention of some cases in the province which had a different kind of treatment.What migraine or lost of memory who have been diagnosed with schizophrenia, altered mental status, and abnormalities.It can be described depending on the many cases worsens the outcomes.There have to maintain in our government this degree if they are adequate of the treatment, failed, and of the duration when he is going to order that we are cleared of this “coronavirus” as free country. Almost her wife in Camarines Sur who are working as garbage collectors have the “fluency” of this virus symptoms maybe use in our certain populations. We’re not allowed to make our own diagnostic criteria of COVI-19 their world’s highest-quality of virus. How it become hazard model to all is from that newsvendor. His profile in the hospital with tuberculosis within of this severe symptoms.This case is unique in our history we can revealed.What must be our complain we are not all infected of CORONAVIRUS, or tuberculosis, and mental health.But if we make him responsible and stay alive! confirm is beyond of the international action of the Philippines.