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This page features the full text of
Republic Act No. 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.
REPUBLIC
ACT NO. 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.
Section
1. State of National Emergency.
— On December 1, 1989, a rebellion committed by certain elements of the
Armed Forces of the Philippines aided and abetted by civilians gave
rise
to an emergency of national proportions. chanrobles virtuallaw libraryred
The
emergency continues even with the cessation of military hostilities.
More
than 2,000 persons who participated in the failed coup, including the
masterminds
and plotters, are said to be still at large. There is a clear threat to
national security posed by the rebels who have just "returned to their
barracks," and the fence-sitters among the military. Bombings in
Metropolitan
Manila continue causing loss of lives, maiming of limbs and destruction
of property. chanrobles virtuallaw libraryred
On
December 6, 1989, Proclamation No. 503 was issued by the President
declaring
a state of national emergency.cralaw:red
Meanwhile,
secessionist elements in Mindanao, seeking to establish a common cause
with rebels and their sympathizers, or taking advantage of the
instability
occasioned by the coup, are reported to have taken overt acts to
dismember
the country.cralaw:red
Communist
rebels have taken advantage of the situation by attacking Government
personnel
and installations.cralaw:red
The
economy has suffered and continues to suffer a serious setback,
severely
disrupting the momentum of our economic recovery.cralaw:red
A
state of national emergency is hereby declared.cralaw:red
Sec.
2. Declaration of Policy. — The
mutiny and rebellion by certain elements of the Armed Forces of the
Philippines
launched to seize state power, destabilize the duly constituted
Government
and supplant it with a military government by means of force and
violence
and other illegal means, has caused loss of lives and destruction of
property
and has set back the economic program of the Government. Due to and by
reason thereof, and in order to optimize the efforts of the President
to
carry out the difficult task of economic reconstruction, it is
imperative
to grant her emergency powers subject to such limitations as
hereinafter
provided. chanrobles virtuallaw libraryred
Sec.
3. Authorized Powers. — Pursuant
to Article VI, Section 23 (2) of the Constitution, and to implement the
declared national policy, the President is hereby authorized to issue
such
rules and regulations as may be necessary to carry out any or all of
the
following powers:
(1) To
protect the people from hoarding, profiteering, injurious speculations,
manipulation of prices, product deceptions, and cartels, monopolies or
other combinations in restraint of trade, or other pernicious practices
affecting the supply, distribution and movement of food, clothing,
medicine
and medical supplies, office and school supplies, fuel, fertilizers,
chemicals,
building materials, implements, machinery equipment and spare parts
required
in agriculture, industry and other essential services, and other
articles
of prime necessity, whether imported or locally produced or
manufactured; (2) Towards
the above ends, (a) to purchase any of the articles or commodities
hereinabove
mentioned, for storage, sale, or distribution for the relief of hunger
and want of the population, and/or to stabilize the prices of such
foodstuffs,
articles and other commodities; (b) to fix the maximum selling prices
thereof;
(c) to regulate the fees charged by establishments in connection with
the
production, processing, milling, storage and distribution of such
articles
or commodities; (d) to seize and confiscate hoarded foodstuffs and
commodities:
Provided, That goods which are determined to have been seized
wrongfully
shall be subject to the subsequent determination and payment of just
compensation;
and (e) to call upon and deputize recognized non-government and
people's
organizations and volunteers as well as local government units to
assist
the Government to carry out these powers through the monitoring or
implementation
of orders, rules and regulations, as the case may be; chanrobles virtuallaw libraryred
(3) To
temporarily take over or direct the operation of any privately-owned
public
utility or business affected with public interest that violates the
herein
declared national policy: Provided, however, That to the extent
feasible,
management shall be retained, under the direction and supervision of
the
President or her duly designated representative who shall render a full
accounting to the President of the operations of the utility or
business
taken over: Provided, further, That whenever the President shall
determine
that the further use or operation by the Government of any such public
service or enterprise is no longer necessary under existing conditions,
the same shall be restored to the person entitled to the possession
thereof;
(4) To
liberalize the importation and/or grant incentives for the manufacture,
assembly, reconditioning, or importation of needed vehicles or vessels,
including the necessary parts thereof, for public transportation to
relieve
the transportation crises;
(5) To
ensure the availability of credit to the productive sectors of the
economy
especially in the countryside through measures such as, but not limited
to, lowering the effective lending rates of interest and reserve
requirements
of lending institutions;
(6) To
stagger the working hours of, and adopt a flexible working schedule
for,
employees and workers in government, and whenever it becomes necessary,
in the private sector; chanrobles virtuallaw libraryred
(7) To
conserve and regulate the distribution and use of power, fuels and
energy
and ensure adequate supply of the same;
(8) Subject
to the provisions of paragraph 5, Section 25, Article VI of the
Constitution,
to decrease expenditures of the Executive Department of the National
Government
and government-owned or controlled corporations and their subsidiaries
through the suspension of services, activities or operations which are
of no immediate necessity, and for this purpose the President shall
order
that all departments, agencies and instrumentalities of the government
create a reserve fund equivalent to ten percent (10%) of their
respective
appropriations, except those pertaining to personnel services,
construction
and repair of school buildings and hospitals: Provided, however, That
in
all cases, the security of tenure of civil service employees shall be
respected;
(9) To
issue lawful orders for the recovery and accounting of all firearms,
explosives
and military equipage, including, but not limited to, those belonging
to
the Armed Forces of the Philippines and the Philippine
Constabulary-Integrated
National Police and licensed firearms which have fallen into the
possession
of unauthorized persons or entities, or are being used by their holders
for unlawful purposes, and pursuant thereto, adopt such measures as are
reasonably necessary to take custody of such firearms, explosives and
equipage
and/or otherwise accomplish the purposes herein stated: Provided, That
this authority can be exercised only upon specific orders of the
President
or her duly authorized representative;
(10) To
ensure that military uniforms, equipment and supplies of the Armed
Forces
of the Philippines and the Philippine Constabulary-Integrated National
Police are possessed and used only by authorized officers and members
thereof
pursuant to law; and
(11) To
undertake such other measures as may be reasonable and necessary to
enable
the President to carry out the declared national policy subject to the
Bill of Rights and other constitutional guarantees.
Sec.
4. Reports to Congress. — The
President, within ten (10) days from the issuance of any of the
executive
acts, orders, rules and regulations promulgated and issued by her under
the powers herein granted shall report to Congress the issuance thereof
and the justification therefor: Provided, That within the first ten
(10)
days of every month, the President shall likewise submit a monthly
report
to Congress of all acts performed pursuant to this Act during the
preceding
month.chanrobles virtuallaw libraryred
Sec.
5. Penalties. — Any violation
of the rules or regulations issued pursuant hereto, shall be punishable
with imprisonment of not less than five (5) years but not more than ten
(10) years or a fine of not less than Fifty thousand pesos (P50,000)
but
not more than Five hundred thousand pesos (P500,000) or both such
imprisonment
and fine at the discretion of the court: Provided, however, That if the
offender is a corporation, association, partnership or any other
juridical
person, the penalty shall be imposed upon the president, directors,
managers,
managing partners, as the case may be, who participated in the
commission
of the offense or who shall have knowingly permitted or failed to
prevent
the commission of the same. If the offender is an alien, he shall, in
addition
to the penalties herein prescribed, be deported without further
proceedings;
Provided, further, That if the offender is a public official or
employee,
he shall, in addition to the penalties prescribed herein, suffer
perpetual
or temporary absolute disqualification from office, as the case may
be.chanrobles virtual law library
Sec.
6. Construction or Interpretation.
— Nothing in this Act shall be construed or interpreted as a
restriction
of the Bill of Rights or of the Constitution. chanrobles virtuallaw libraryred
Sec.
7. Separability Clause. — If
any provision of this Act or the application of such provision to any
person
or circumstance is declared invalid, the remainder of this Act or the
application
of such provision to any other person or circumstances shall not be
affected
by such declaration.cralaw:red
Sec.
8. Promulgation, Effect and Enforcement
of Rules and Regulations. — The rules and regulations promulgated by
the
President pursuant to this Act, which shall have the force and effect
of
law, shall be numbered consecutively and shall take effect two (2) days
after their publication in case of rules and regulations that are
denominated
"urgent," and five (5) days in case of those without such denomination.
The publication shall be effected in at least two (2) newspapers of
national
circulation.cralaw:red
Rules
and regulations with a penal clause shall be duly published in Filipino
and English in at least two (2) national newspapers of general
circulation. chanrobles virtuallaw libraryred
Said
rules and regulations shall cease to be in force and effect upon the
expiry
date provided in Section 9 hereof without prejudice to benefits and
rights
that may have vested, and culpabilities and liabilities that may have
been
incurred and established after due notice and hearing.cralaw:red
Sec.
9.Effectivity. — This Act shall take
effect upon its publication in two (2) national newspapers of general
circulation
and shall be in full force and effect until the next sine die
adjournment
in June 1990 of the regular session of Congress: Provided, however,
That
adjournment for a recess shall not affect the duration of this Act: and
Provided, further, That the powers granted under this Act may be
withdrawn
sooner by means of a concurrent resolution of Congress or ended by
Presidential
Proclamation.chanrobles virtuallaw libraryred
Approved:
December
20, 1989
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