Arpilleda, Mera Princess E.
2. Covid-19 has disrupted everyone’s activities. In response to the crisis,
governments across the globe have used their emergency powers, but the exercise of
emergency powers are not without issues from constitutional and human rights
lenses. In your view, how is law relevant or important in this health crisis? What
is the role of rule of law norm in battling the pandemic?
In the rule of law, laws apply to everyone equally. Both the government and the
people should follow them. Powerful people should not be exempted just because of
their social status, or because they have a lot of money. Government officials
shouldn’t be able to be above the law just because they created them. The
government cannot do whatever it wants and must follow the rules and laws that have
already been set.
In the Philippines, President Duterte signed into law Republic Act No. 11469
otherwise known as the Bayanihan to Heal as One Act or simply Bayanihan Act
which grants the President with wide range of temporary powers and discretion to
direct, adopt and implement measures to respond to the health threat and disruption
of economic activities during this world pandemic crisis.
With the Bayanihan Act put into law, the role of the rule of law norm provides legal
justification for the use of emergency powers by the President which is very vital in
battling the pandemic. Different measures have been adopted and implemented to
prevent and suppress further spread of Covid-19. These include the closure of schools
and a lot of business establishments (thus paralyzing broad range of economic
activity), the closure of borders, the limitations of the people’s movements, and
putting the country in enhance community quarantine for a certain period of time. It
is true that many of these imposed limitations and measures have affected and
decisively reduced constitutionally established individual rights. Thus its legality
have been questioned by those who thought of it as just another abuse to government
power, claiming it is in violation of human rights. Human rights of course is
considered fundamental and must be uphold and protected at all times. However,
fundamental rights though considered essential, are not absolute. Everyone and
his/her individual rights as part of the existing laws, cannot be seen in isolation but
must be considered within the context of his/her social function as part of the society
as a whole.
Besides, it’s not that these limitations have been imposed without careful
consideration from the law makers and government officials from all government
units --local and national. As the virus spreads rapidly across the country, another
measure taken is the expediting and streamlining of the accreditation of testing kits,
facilitating prompt testing, and compulsory and immediate isolation and treatment of
Covid-19 patients. All public and private medical establishments and facilities and
hotels are also utilized, relief goods and financial aid and support from the
government have been distributed, and a lot more.
The rule of law is very vital to the government’s ability to respond and handle
emergencies efficiently and effectively. The suspension of exercise of rights,
freedoms and guarantees is no question a serious case but the situation calls for it. A
little sacrifice for a greater good.