Philippines: Pandemic, police power, and private contracts

Due to the sharp increase of confirmed cases brought by the pandemic, the Congress decided to hold special session on March 2020 and enacted the Republic Act No. 11469 also known as the Bayanihan to Heal as One Act (Bayanihan Law). The said law granted the President additional power or authority to combat the COVID-19 pandemic in the Philippines. These powers includes urgent measures to meet the current national emergency related to COVID-19 only for three months unless extended by Congress. Moreover, the President was also given power to take over private medical facilities and public transportation; This was based on Section 17 of Article XII of the Constitution, which allows the State "during the emergency and under reasonable terms prescribed by it, [to] temporarily take over or direct the operation of any privately owned public utility or business affected with public interest." As what said in the article  the President may procure the lease of real property for medical purposes; require businesses to prioritise and accept contracts for materials and services; impose grace periods for the payment of residential rent and bank loans; and ensure the availability of credit by lowering effective lending interest rates, among others.

However, it seems that these additional powers bestowed upon to the President are unncessary as the extension of emergency powers take-over private businesses and interference with private contracts is in question and is not connected or linked with public interest and the police power implemented is tempered by unlawful subject and method. It was said that that the law carries contracts that can be altered or imposing new conditions. It can be nulled and void. And the private companies will do nothing as the power is not with them but the with the President that’s why they are contemplating in the new law imposed by the Congress. As the personal interest is more dominant, the public is being deprived from what they deserved to have. They were being deprived of property rights and the methods used in implementing special powers are in question whether it is reasonably necessary. The law that was implemented is considered vague and we don’t know the exact reason why there’s a need for additional power when they should be able to that at the first place. It seems that there’s lack of competency in the executive branch that’s why they are not capable to give back what the people deserve. 

Thus, despite all that, there’s no choice for the people to just rely on the wisdom of the government on how to overcome this uncertain situation brought by the pandemic.