Senate President defends Bayanihan Act constitutionality

Senate President Vicente Sotto III defended the constitutionality of the Bayanihan to Heal as One Act (Republic Act No. 11469), which was enacted to address the COVID-19 pandemic.

A petition was filed before the Supreme Court seeking to declare the Bayanihan Act unconstitutional, citing an undue delegation of legislative power to the President.

Sotto expressed confidence that the Supreme Court will understand Congress's reasons for passing the law, noting it would have expired by the time the petition is heard.

The Bayanihan to Heal as One Act, signed on March 24, granted President Duterte emergency powers to manage the COVID-19 crisis, including fund realignments for response programs.

This law is scheduled to expire on June 24.

The Senate is currently deliberating on the Bayanihan to Recover as One Act (Bayanihan 2), which aims to provide continued powers and additional spending authority for post-pandemic recovery efforts.

To preempt constitutionality concerns, senators agreed to amend or remove provisions that might be considered 'emergency' in nature, as specified in the Constitution.

The proposed Bayanihan 2 is being presented as a new law, not an extension of RA 11469.

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