EMERGENCY POWERS

RA 6826          AN ACT TO DECLARE, IN VIEW OF THE EXISTENCE OF A NATIONAL EMERGENCY, A NATIONAL POLICY IN CONNECTION THEREWITH AND TO AUTHORIZE THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES FOR A LIMITED PERIOD AND SUBJECT TO RESTRICTIONS, TO EXERCISE POWERS NECESSARY AND PROPER TO CARRY OUT THE DECLARED NATIONAL POLICY AND FOR OTHER PURPOSES.

 A “state of emergency” is a declaration from a state’s government that may have the effect of suspending the normal function of the national government and/or its entities and will require its people to prepare to meet an emergency situation like the existence of war of calamity. It may also have the effect of suspending some rights granted to its citizens or to any people within its jurisdiction while the “emergency” is going on to give the national government leeway in solving it. The “state of emergency” may be declared covering the entire state or only a portion of it. When only a portion of the state was placed under a ‘state of emergency”, the National Government may run the affairs of the local government affected temporarily. 

Of course, the declaration of a “state of emergency” will be subjected to the existing laws of the concerned state. In the Philippines, the prime law covering this act of the government is the 1987 Philippine Constitution. It is only the Congress that can determine whether there is a war or a state of emergency. . If later on in its opinion that the emergency has ceased, the declaration can be withdrawn through a resolution. Article XII, Section 17 of the 1987 Philippine Constitution states that: “ In times of national emergency, when the public interests 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.”