Emergency power clause | Political Law Q. No. 9 | Bar 2022

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Emergency power clause


Political Law Q. No. 9 | Bar 2022


SUGGESTED ANSWER:

 Section 17. Articled XII must be understood as an aspect of the

emergency power clause.


The taking over of private business affected with public interest is just another face of the emergency powers generally reposed upon [Congress].

Thus, when Section 17 states that:

“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" [...]

it refers to Congress, [not] the President.

Whether or not the President may exercise such power is dependent on whether Congress may delegate it to him [pursuant to a law] prescribing the reasonable terms thereof.

(Randolf S.David, et al. v. Gloria Macapagal-Arroyo, et al., G.R. No. 171396, May 3, 2006).


Courtesy of ©️2022-PRE-WEEK-LECTURE-IN-POLITICAL-LAW.pdf

By: Atty. Enrique V. dela Cruz, Jr. |By: Atty. Enrique V. dela Cruz, Jr.

Download PDF file here

📎 https://dlupload.com/filedetail/912552179

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