Emergency Powers of the Philippine President

There’s a storm brewing over the grant of emergency powers in favor of the President to address the issue on water and power shortage in the face of a drought. Let’s not discuss the merits of such grant, but let’s discuss the Constitutional basis thereof.

Emergency, as a generic term, 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, as perceived by legislature or executive in the United States since 1933, have been occasioned by a wide range of situations, classifiable under 3 principal heads: (a) economic; (b) natural disaster; and (c) national security.

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Long August weekends ahead; computation of holiday pay

What some call as “holiday economics” will be felt, doubly felt, this month of August. Congress passed a new law (RA 9492), providing for “movable holidays”. Two movable holidays fall on the month of August – Ninoy Aquino Day Monday nearest August 21, which is August 20) and National Heroes Day (last Monday of August, which is August 27). (Update: Please note Proclamation No. 1353, which is conspicuously silent regarding the National Heroes Day). Continue reading

R.A. 9492 – Holiday Economics and Movable Holidays

Maybe you’ve heard of the new law (Republic Act No. 9492) that seeks to “rationalize” the celebration of national holidays in the Philippines. The new law makes majority of the holidays “movable” to Mondays. In the event the holiday falls on a Wednesday, the holiday will be observed on the Monday of the week. If the holiday falls on a Sunday, the holiday will be observed on the Monday that follows. Still, for movable holidays, the President shall issue a proclamation, at least six months prior to the holiday concerned, the specific date that shall be declared as a nonworking day.

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State of the Nation Address (SONA 2007; full text)

(The State of the Nation Address or “SONA” is given by the President before a joint session of both houses of Congress, pursuant to Article VII, Section 23 of the 1987 Constitution, which reads: “The President shall address the Congress at the opening of its regular session. He may also appear before it at any other time.” Here’s the full text of President Gloria Arroyo’s 2007 State of the Nation Address [July 23, 2007]. See also SONA-2008; SONA 2009; SONA 2010)

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Costs in Annulment Cases in the Philippines

There are a lot of questions posted in this Forum as to the cost or fee for an annulment procedure. The standard reply is: it depends. We could not possibly speak for the standard fees charged by all lawyers and the costs would normally go up if the case drags on as a result of contingencies (as when hearings are postponed for various reasons). It would also depend on the ground or grounds for annulment or declaration of nullity.

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The Law on Plunder in the Philippines

We all know that the case of plunder against former President Joseph Estrada was already submitted for decision. We obviously can’t discuss the merits of the case, as this is sub judice. We don’t want to add to the controversy brought about by the “Erap: Guilty or not Guilty” ads realeased days ago. For everyone’s easy reference, however, let’s discuss plunder.

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