Section 3December 20, 1989, Sec./Art. 3

Authorized Powers. - Pursuant to Article VI, Section 23 (2) of the Constitution, and to implement the declared national policy, the President is hereby authorized to issue such rules and regulations as may be necessary to carry out any or all of the following powers:

(1) To protect the people from hoarding, profiteering, injurious speculations, manipulation of prices, product deceptions, and cartels, monopolies or other combinations in restraint of trade, or other pernicious practices affecting the supply, distribution and movement of food, clothing, medicine and medical supplies, office and school supplies, fuel, fertilizers, chemicals, building materials, implements, machinery equipment and spare parts required in agriculture, industry and other essential services, and other articles of prime necessity, whether imported or locally produced or manufactured;

(2) Towards the above ends, (a) to purchase any of the articles or commodities hereinabove mentioned, for storage, sale, or distribution for the relief of hunger and want of the population, and/or to stabilize the prices of such foodstuffs, articles and other commodities; (b) to fix the maximum selling prices thereof; (c) to regulate the fees charged by establishments in connection with the production, processing, milling, storage and distribution of such articles or commodities; (d) to seize and confiscate hoarded foodstuffs and commodities: Provided, That goods which are determined to have been seized wrongfully shall be subject to the subsequent determination and payment of just compensation; and (e) to call upon and deputize recognized nongovernment and people's organizations and volunteers as well as local government units to assist the Government to carry out these powers through the monitoring or implementation of orders, rules and regulations, as the case may be;

(3) To temporarily take over or direct the operation of any privately-owned public utility or business affected with public interest that violates the herein declared national policy: Provided, however, That to the extent feasible, management shall be retained, under the direction and supervision of the President or her duly designated representative who shall render a full accounting to the President of the operations of the utility or business taken over: Provided, further, That whenever the President shall determine that the further use or operation by the Government of any such public service or enterprise is no longer necessary under existing conditions, the same shall be restored to the person entitled to the possession thereof;

(4) To liberalize the importation and/or grant incentives for the manufacture, assembly, reconditioning, or importation of needed vehicles or vessels, including the necessary parts thereof, for public transportation to relieve the transportation crises;

(5) To ensure the availability of credit to the productive sectors of the economy especially in the countryside through measures such as, but not limited to, lowering the effective lending rates of interest and reserve requirements of lending institutions;

(6) To stagger the working hours of, and adopt a flexible working schedule for, employees and workers in government, and whenever it becomes necessary, in the private sector;

(7) To conserve and regulate the distribution and use of power, fuels and energy and ensure adequate supply of the same;

(8) Subject to the provisions of paragraph 5, Section 25, Article VI of the Constitution, to decrease expenditures of the Executive Department of the National Government and government-owned or controlled corporations and their subsidiaries through the suspension of services, activities or operations which are of no immediate necessity, and for this purpose the President shall order that all departments, agencies and instrumentalities of the government create a reserve fund equivalent to ten percent (10%) of their respective appropriations, except those pertaining to personnel services, construction and repair of school buildings and hospitals: Provided, however, That in all cases, the security of tenure of civil service employees shall be respected;

(9) To issue lawful orders for the recovery and accounting of all firearms, explosives and military equipage, including, but not limited to, those belonging to the Armed Forces of the Philippines and the Philippine Constabulary-Integrated National Police and licensed firearms which have fallen into the possession of unauthorized persons or entities, or are being used by their holders for unlawful purposes, and pursuant thereto, adopt such measures as are reasonably necessary to take custody of such firearms, explosives and equipage and/or otherwise accomplish the purposes herein stated: Provided, That this authority can be exercised only upon specific orders of the President or her duly authorized representative;

(10) To ensure that military uniforms, equipment and supplies of the Armed Forces of the Philippines and the Philippine Constabulary-Integrated National Police are possessed and used only by authorized officers and members thereof pursuant to law; and

(11) To undertake such other measures as may be reasonable and necessary to enable the President to carry out the declared national policy subject to the Bill of Rights and other constitutional guarantees.