DU30: I'll use 'police power' to build China-funded dam


President Rodrigo Duterte has said that he would use his "extraordinary powers" to allow the construction of the Kaliwa Dam which has been funded with money from China. The problem is that there is no clue as to what powers he is talking about.

Under the 1987 Constitution, in times of war or other national emergency, the Congress may, by law, authorize the President, for a limited period and subject to such restrictions as it may prescribe, to exercise powers necessary and proper to carry out a declared national policy. Unless sooner withdrawn by resolution of the Congress, such powers shall cease upon the next adjournment thereof. (Section 23 of Article VI)

Saying he was still "taking stock of [his] options," he floated "expropriation or outright police power." It must be noted, however, that the President has no power of eminent domain (expropriation) or police power. These powers are in the hands of Congress.

Duterte warned that he would use his "extraordinary powers" for the construction of the P18.7 billion China-funded Kaliwa Dam project in Quezon and Rizal provinces. The Kaliwa Dam is touted to be the solution to the water shortage in Metro Manila and nearby areas. But environementalist, indigenous groups and local governments have opposed its construction.

"Let me be very clear to the citizens and all. You have every right to protest if it really, would place your place in jeopardy. But if the safeguards are there tapos (then) between your concerns and the crisis that we are trying to avoid, I will use the extraordinary powers of the presidency," Duterte told reporters in Malacañang after the oathtaking of newly-appointed government officials. "I cannot just allow people to go about without water even for drinking," he added.

SOURCE: Duterte to use ‘extraordinary powers’ for start of Kaliwa Dam. Nestor Corrales. @NCorralesINQINQUIRER.net. October 28, 2019. https://newsinfo.inquirer.net/1182774/duterte-to-use-extraordinary-powers-to-start-of-kaliwa-dam. @inquirerdotnet on Twitter. inquirerdotnet on Facebook.Located in Quezon province, the Kaliwa Dam project, also known as the New Centennial Water Source-Kaliwa Dam Project, is expected to supply Metro Manila an additional 600 million liters of water per day (MLD). The Duterte administration is taking a loan from China to fund 85% of the P12.2-billion project. A commercial contract for it was signed between the Metropolitan Manila Waterworks and Sewerage System and China Energy Engineering Cooperation during Chinese President Xi Jinping's visit to the Philippines in 2018.

What powers? Duterte was not certain what type of "extraordinary powers" he would use to ensure the Kaliwa Dam project's implementation. Saying he was still "taking stock of [his] options," he floated "expropriation or outright police power." Asked to be more specific, he said, "It must be confiscatory, talagang agawin ko (I will really take it)." He dared detractors to file cases against him in court if they thought this was illegal. – Rappler.com

SOURCE: Duterte to use 'extraordinary powers' to see Kaliwa Dam project through. Pia Ranada @piaranada Published 10:57 PM, October 28, 2019 Updated 11:02 PM, October 28, 2019.

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