Title
National Emergency Powers Act 1989
Law
Republic Act No. 6826
Decision Date
Dec 20, 1989
In response to a state of national emergency in the Philippines, Republic Act No. 6826 grants the President emergency powers to address issues such as bombings, secessionist elements, and economic setbacks, including the authority to regulate the supply and distribution of essential goods, take over public utilities, lower lending rates, and suspend non-essential government services.
A

Declaration of Policy

  • The mutiny and rebellion aimed to seize state power and supplant the government with a military regime.
  • Resulted in loss of lives, property destruction, and economic setbacks.
  • Necessitates granting emergency powers to the President to aid economic reconstruction while being subject to limitations.

Authorized Powers of the President

  • Protection against hoarding, profiteering, price manipulation, product deception, and malicious trade practices affecting essential goods; includes price fixation, fee regulation, confiscation of hoarded goods with just compensation, and deputization of NGOs and local governments.
  • Temporary takeover or direction of private public utilities or businesses that contravene national policy with guarantees of retained management and restoration when appropriate.
  • Liberalization of importation and incentives for manufacture or assembly of vehicles and vessels to ease transportation crisis.
  • Measures to ensure credit availability to productive sectors, especially rural.
  • Authority to stagger working hours and implement flexible work schedules in government and private sectors.
  • Regulation and conservation of power, fuel, and energy supplies.
  • Reduction of government expenditures via suspension of non-essential services, with respect for security of tenure and reserve fund creation.
  • Order recovery and accounting of firearms, explosives, and military equipment in unauthorized possession with presidential authority.
  • Ensure military uniforms and equipment are used only by authorized personnel.
  • Authorization to undertake other reasonable measures consistent with constitutional guarantees.

Reporting Requirements

  • President must report to Congress within ten days of issuing any executive acts, orders, or regulations under this law.
  • Monthly reports to Congress detailing actions performed under the law are mandatory.

Penalties for Violations

  • Violators face imprisonment of 5 to 10 years, fines ranging from P50,000 to P500,000, or both.
  • Corporate liability extends to responsible officers who participated or failed to prevent violations.
  • Aliens shall be deported in addition to penalties.
  • Public officials face disqualification from office alongside the penalties.

Interpretation and Constitutionality

  • The Act does not restrict any constitutional rights or the Bill of Rights.

Separability Clause

  • Invalidity of any provision or application does not affect the remaining provisions or applications.

Rules and Regulations Enforcement

  • Presidential rules and regulations have the force of law.
  • Urgent rules take effect two days post-publication; others take effect after five days.
  • Publication in two national newspapers is required, with penal clauses published in both Filipino and English.
  • Rules cease after the Act’s expiration but rights and liabilities remain.

Effectivity and Duration

  • The Act took effect upon publication in two national newspapers.
  • Effective until next sine die adjournment of Congress’s regular session in June 1990.
  • Duration not affected by recess adjournments.
  • Powers may be withdrawn earlier by concurrent Congressional resolution or Presidential Proclamation.

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