The Supreme Court (SC) has dismissed the petition which sought to declare unconstitutional certain provisions and Presidential issuances related to the Bayanihan to Heal as One Act under Republic Act No. 11469 that was enacted to prevent the spread of the coronavirus disease (COVID-19).

In a summary of the resolution issued by its Public Information Office (PIO), the SC said the petition filed by Jaime O. Ibanez, former law dean of the Laguna State Polytechnic University, “failed to show grave abuse of discretion committed by the respondents.”

Named respondents in Ibanez’s petition were Cabinet Secretary Karlo Alexei B. Nograles, Health Secretary Francisco T. Duque III, and the members of the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF).

The PIO’s summary stated:

“Petitioner Ibaňez filed a Petition for Certiorari and Prohibition seeking to declare partly unconstitutional RA 11469, or the Bayanihan to Heal as One Act, Presidential Proclamations Nos. 922 and 929, series of 2020, and the Omnibus Guidelines on the Implementation of the Community Quarantine in the Philippines for undue exercise of delegated legislative power.

“On March 8, 2020, Proclamation No. 922 was issued by President Duterte declaring a State of Public Health Emergency throughout the country due to COVID-19. On March 16, 2020, the President issued Proclamation No. 929 declaring a State of Calamity throughout the country and imposing an Enhanced Community Quarantine throughout Luzon beginning 12 midnight until April 12, 2020, unless earlier lifted or extended as circumstances may warrant.

“On March 24, 2020, Congress enacted R.A. 11469, which declared a state of national emergency due to the COVID-19 pandemic. The same RA authorized the President, pursuant to Section 23 (2), Art. VI of the Constitution, to exercise powers that are necessary and proper to carry out the declared national policy.

“Likewise, it required the President to submit a weekly report to Congress of all acts performed pursuant to the law, and that the law shall be in full force and effect only for three months, unless extended by Congress, and that the powers granted by the law may be withdrawn sooner by Congress or ended by Presidential Proclamation.

“On April 29, 2020, the IATF issued the Omnibus Guidelines on the Implementation of the Community Quarantine in the Philippines, which was signed by respondents.”

In his petition, Ibanez told the SC that RA 11469, under the phrase “for other purposes,” granted the President legislative authority beyond what is necessary and proper to meet the declared policy in the law.

"Legislative power to make laws is vested in Congress. The President is merely tasked to execute the law," he claimed in his petition.

"Hence, it is an undue delegation of legislative power and usurpation of the same, when the President issued Proclamation No. 922 and 929, lacking legislative authority and guidelines passed by Congress in a situation of national emergency," he said.

At the same time, Ibanez also asked the SC to annul Executive Order No. 112 on Enhanced Community Quarantine (ECQ), and the IATF Resolution No. 37 which placed Metro Manila under the modified ECQ (MECQ).

He argued that the IATF has no valid delegated legislative authority to issue its Omnibus Guidelines on the Implementation of the community quarantine in the country.

He said that the IATF’s guidelines on the restriction on the right to travel is “overboard, unreasonable, and arbitrary.”

He also said the IATF violated the equal protection and due process clauses in the Constitution when it quarantined all individuals, including those who are not sick of COVID-19.

He pointed out that the RA 11469 covered only COVID-19 patients, persons under investigation, and person under monitoring.

"Locking or putting individuals who are not COVID-19 patients and the like, and placed them to quarantine area with unlimited period, is a complete disregard of the safeguards embodied in the Bill of Rights," he said.