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

Eighth Congress

Republic Act No. 6826             December 20, 1989

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

Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:

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.

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.

On December 6, 1989, was issued by the President declaring a state of national emergency.

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.

Communist rebels have taken advantage of the situation by attacking Government personnel and installations.

The economy has suffered and continues to suffer a serious setback, severely disrupting the momentum of our economic recovery.

A state of national emergency is hereby declared.

Section 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.

Section 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:

Section 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.

Section 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.

Section 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.

Section 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.

Section 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.

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.

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.

Section 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.

Approved: December 20, 1989