Senate fails to pass ‘Bayanihan to Recover as One’ bill
The effectivity of Republic Act (RA) No. 11469 or the Bayanihan to Heal as One Act ended Friday after Congress failed to pass a law to replace it.
The Senate ended its first regular session under the 18th Congress on Thursday without approving on third and final reading the “Bayanihan to Recover as One” bill, which seeks to sustain the government's efforts against the COVID-19 pandemic and allocate an additional ₱140 billion for response and recovery programs.
Senate Bill No. 1564 was approved on second reading Wednesday, but the lack of a certification of urgency from Malacañang prohibited senators from passing this on third and final reading.
Also called “Bayanihan 2,” the bill was supposed to continue until September 30, 2020 the special powers granted to the President under RA 11469 to allow him to carry out programs addressing the
COVID-19 outbreak and its recessionary impacts.
Senators said the special powers given to the President to address national emergencies “shall cease to exist” upon the adjournment of Congress, as provided for in Article 6, Section 23 of the Constitution.
Because of this, senators decided to craft a "new" Bayanihan law – and not just an extension of the validity of the Bayanihan to Heal as One Act as lawmakers had planned earlier.
This means that Duterte's special powers will end on June 5, the scheduled sine die adjournment of the legislative branch’s first regular session. Lawmakers will open their second regular session in July.
“If the Constitution is interpreted strictly where it says that emergency powers cease upon the next adjournment of Congress – both House and Senate – then yes it would expire [June 5],” Sen. Sonny Angara, sponsor of the Bayanihan 2 bill, told reporters in a text message.
President Duterte may still call for a special session during Congress' break to seek an extension of the effectivity of the Bayanihan to Heal as One Act, but Presidential spokesman Harry Roque said the Chief Executive will not request it “for now.”
Power to realign
But Senate Minority Leader Franklin Drilon said even without the Bayanihan law, President Duterte can still exercise his power to realign the Executive department’s budget to augment funds for its COVID-19 response.
Drilon said the Constitution, the laws and the ruling of the Supreme Court on the Disbursement Acceleration Program (DAP) in the case of Araullo v. Aquino in 2014, have provided enough flexibility for the President to realign the budget, augment funding and act on a crisis and emergency situation with a magnitude like the COVID-19 pandemic
“The President is authorized to suspend the expenditure of appropriations, declare savings and realign the same under the Article 6, Section 25 of the Constitution, Section 38 and 39 of the Revised Administrative Code, and Section 66 of the 2020 General Appropriations Act,” Drilon said.
“The non-passage of the proposed Bayanihan to Recover as One Act should not prevent the President from continuing to implement programs, projects and activities in Bayanihan to Heal as One Act that have corresponding appropriations in the General Appropriations Act,” Drilon stressed.
“While the President is no longer mandated to provide emergency subsidy to around 18 million low income households in the amount of ₱5,000 to ₱8,000, as provided for under Section 3(c) of RA No. 11469, the President should and can still continue to provide the necessary relief,” he said. (With a report from Hannah L. Torregoza)