Former law dean questions Bayanihan Act constitutionality before SC

A former law dean has filed a petition before the Supreme Court questioning the constitutionality of the Bayanihan to Heal as One Act and several presidential and inter-agency issuances related to the government's response to the COVID-19 pandemic.

The petitioner, Jaime O. Ibañez, argues that Republic Act No. 11469 grants President Duterte legislative authority beyond what is necessary, violating the principle that legislative power is vested in Congress.

Ibañez specifically challenges Presidential Proclamations No. 929 and 922, asserting they were issued without sufficient legislative authority and guidelines from Congress.

The petition also seeks to annul Executive Order No. 112 on enhanced community quarantine (ECQ) and Inter-Agency Task Force (IATF) Resolution No. 37 regarding modified ECQ (MECQ) in Metro Manila.

He contends that the IATF lacks valid delegated legislative authority to issue its Omnibus Guidelines on community quarantine implementation.

Ibañez claims the IATF's travel restrictions are "overboard, unreasonable, and arbitrary" and violate the equal protection and due process clauses by quarantining individuals not infected with COVID-19.

The petitioner emphasizes that RA 11469 primarily covers COVID-19 patients and those under investigation or monitoring, and that quarantining healthy individuals for extended periods disregards constitutional safeguards.

He proposes that the government should instead focus on increasing healthcare system capacity and implementing measures for testing, tracing, and treating COVID-19 cases without infringing on individual rights.

This petition is the first legal challenge brought before the Supreme Court concerning the government's COVID-19 response.