MANILA: The Supreme Court (SC) has affirmed the validity of a law enacted in 1998 allowing the government to take control of private entities engaged in the oil industry during emergencies, as directed by the President.
In its 37-page decision published online Tuesday, the SC reversed a 2013 Court of Appeals (CA) decision and said the Department of Energy (DOE) has this authority under Section 14 (e) of Republic Act 8479, also known as the Downstream Oil Industry Deregulation Act of 1998.
The provision empowers the DOE to temporarily oversee or direct the operations of private corporations within the oil industry under certain circumstances.
The SC pointed out the President’s prerogative to determine national emergencies and the propriety of delegating authority to the DOE.
Citing Article XII, Section 17 of the constitution, which allows for the takeover of privately owned businesses with public interest by the President, the court recognizes the legal foundation for such actions.
The dispute involved Pi
lipinas Shell and Petroleum Corporation (Shell), which contested the validity of Executive Order 839 issued by President Gloria Macapagal Arroyo in 2009.
The assailed EO mandated oil industry players to maintain petroleum product prices after tropical cyclones “Ondoy” and “Pepeng” wreaked havoc, resulting in damage to agriculture, properties and deaths.
The EO stated that Luzon was in a state of extreme emergency, ‘necessitating effective control and/or management of prices of basic goods and petroleum products by the Department of Trade and Industry and the Department of Energy, respectively, in accordance with the relevant laws of the land for the duration of this emergency.’
Shell questioned the constitutionality of Section 14 (e) of the Oil Deregulation Law, which formed the basis for EO 839.
The Makati Regional Trial Court sided with Shell, declaring Section 14 (e) void, but did not rule on the validity of EO 839 due to subsequent actions by the government.
The petitioners appealed to the CA, which
upheld the decision regarding Section 14 (e) but still did not address the EO, rendered moot by the issuance of EO 845 which lifted its mandates and discontinued oil price controls.
Source: Philippines News Agency
Ben Tre: As many as 1,000 national flags and the same number of multifunctional life jackets were presented to disadvantaged fishermen in the Mekong Delta province of Ben Tre on March 5.
The flags and jackets, worth over 1.5 billion VND (60,700 USD) donated by two businesses, were handed over via the Vietnam Red Cross Society (VRC) under a programme named ‘Safety for poor, disadvantaged fishermen’.
At the event, the VRC and Ben Tre authorities also launched work on Vam Giong Mieu Bridge in An Thanh commune of Thanh Phu district as part of this programme.
The bridge, 60 metres long and 4 metres wide, will have loading capacity of 8 tonnes. It is built at a total cost of 5 billion VND funded by the Ho Chi Minh City Development Joint Stock Commercial Bank (HDBank).
Addressing the ceremony, former President Truong Tan Sang said the programme aims to improve working conditions for poor fishermen to help them continue their livelihood and contribute to the safeguarding of the maritime sovereignty.
He called on
sponsors to keep supporting the Ben Tre administration to assist fishermen by building houses and transport facilities in rural areas, thus facilitating travel, economic development, and wealth gap narrowing.
Vu Thanh Luu, Vice Chairman of the VRC Central Committee, noted that implemented from 2022 to 2027, the programme includes equipping fishermen with first-aid and legal knowledge, helping 50,000 deprived and disadvantaged households develop sustainable livelihoods, assisting with house repair and construction for 1,300 households, and presenting life jackets, first-aid kits and national flags to fishermen and fishing vessels.
It targets poor, near-poor, and less privileged fishermen in 291 particularly disadvantaged, coastal, and insular communes in 23 coastal provinces and cities nationwide.
In 2023, Ben Tre residents benefited from 1,000 life jackets, 40 houses, three bridges, 270 flags, 120 school bags that can be used as lifebuoys, and free health examination under the programme./.
Source: Vietna
m News Agency