No. 124 - 12 February 2007

Congress: Ratcheting up from stupor

A summary report of Congress’ output in the last three years may raise a lot of eyebrows. While varying circumstances prevailing during these periods may explain the reason for the dismal output, one may question the sincerity and commitment of this institution to fulfill its task of legislation. In the past three years, Congress (and President Arroyo) produced 16 laws of national implication. While this 13th Congress still has a few session days — after the May elections — before a new Congress comes in July 2007, it is highly doubtful if it can still yield additional laws to its credit. The following table speaks for itself:

In this 13th Congress, its third and last session is for the period July 2006 - June 2007. As of January 2007, legislators have managed to produce seven laws:

1) RA 9361 (Lifting the creditable input VAT) was approved on 21 November 2006. The law is an amendment to the controversial RA 9337 or the Revised Value-Added Tax (RVAT) law, which was signed by the President on 24 May 2005. It lifts the 70% cap on input VAT.

2) RA 9367 (Biofuels Act of 2006), approved on 12 January 2007, mandates the blending of all liquid fuels for motors and engines with locally-source components. It creates the Philippine Biofuel Board to monitor and review the implementation of the Philippine Biofuel Program prepared by the DOE.

3) RA 9347 (Rationalizing the composition and functions of the National Labor Relations Commission), a consolidation of Senate Bill 2035 and House Bill 5015, lapsed into law on 27 July 2006 without the signature of the President.

4) RA 9358 (P46.4 billion supplemental budget), signed by the President on 17 October 2006, followed the failure of the legislators to act on the national budget leaving the country to work under a re-enacted 2005 budget. The supplemental budget includes the P730 million appropriated for preparatory activities for the national and local elections.

5) RA 9359 (P850 million stand by fund for the clean up of the Guimaras Oil Spill, relief operations for the Mayon volcano eruption victims, and for the emergency repatriation fund of OFWs), was approved on 17 October 2006. The amount is an additional appropriation to the P867.4 million calamity fund for the Guimaras Oil Spill and P250 million for the relief and rehabilitation of the areas affected by the eruption of Mayon as included in RA 9358.

6) RA 9365 (Creating the Rank of First Chief Master Sergeant/First Master Chief Petty Officer in the Enlisted Ranks of the AFP) was approved on 21 December 2006.

7) President Arroyo signed on 23 January RA 9369; which amends RA 8436, which "authorize the COMELEC to use an automated election system from 1998 elections and the succeeding elections". The amended law prescribes for poll automation in 12 pilot areas – six provinces and six highly urbanized cities in Luzon, Visayas and Mindanao this May 2007 election after which full automation will be implemented in 2010.

However, COMELEC itself through Chairman Benjamin Abalos claimed that poll automation is unlikely to happen for lack of preparation. Senator Gordon, the author of the measure asserts that there is still time to lease and bid the machines for May elections. The original law, RA 8436, was signed in December 1997, only five months before the 1998 presidential elections. There was a failure to implement the automated election law in 2001. In May 2004, the law was not implemented following the controversial P1.3 billion Mega-Pacific deal.

Congress adjourned on 9 February 2007 to give way to the election period that officially started on 13 February. Left hanging were important legislation relevant to the business community. Some are pending in the bicameral conference committee while others are waiting for the President’s signature. With the very limited time before Congress finally adjourns on 8 June 2007, one can very well kiss these important measures goodbye for now — and hope that the new 14th Congress picks them up.

Update on Senatorial Line Up for the May 2007 Elections

With the unsuccessful push for Charter change, the same elective posts in the senate and local offices are up for grabs.

Membership in the House will be increased by 6 Representatives with the apportionment of Zamboanga Sibugay and Sultan Kudarat into two legislative districts in each province and the creation of the provinces of Dinagat Islands carved out of Surigao del Norte and Shariff Kabungsuan carved out of Maguindanao. Eleven senators’ term expire this year and four of them are serving their last term of office while 169 Congressmen are eligible to run for reelection.

As to who are running for which positions, the list of candidates is still open to those running for senator and party-list representatives have until 12 February to file their certificate of candidacies. March 29 is the deadline for local elective officials. The May 2007 election is crucial for camps that would try another attempt for Charter change or impeachment proceeding.

Most analysts and observers view the opposition ticket as having better chances in the Senate while the administrations’ strength lies in the House and the local government posts. So widespread is this notion that prior to the elections, twelve provincial governors joined the ruling Lakas-CMD party.

The Lakas-CMD is an administration coalition party which has under its wings the Kabalikat ng Malayang Pilipino (KAMPI), Nationalist People’s Coalition (NPC), the Liberal Party faction headed by Manila Mayor Lito Atienza (LP-Atienza) and the Partido Demokratiko Sosyalista ng Pilipinas (PDSP). House Speaker Jose De Venecia claims party strength among 44 governors, 40 vice governors, 81 of the 212 members of the House of Representatives, 57 of 117 city mayors, and 667 of the 1,502 municipal mayors in the country.

Meanwhile, to try to gain ground in the Senate, the Administration it has fielded independent and “opposition” stalwarts under a “unity ticket” composed of Senators Edgardo Angara, Joker Arroyo, and Ralph Recto. Former opposition Senators Tessie Aquino-Oreta and Vicente ‘Tito” Sotto III have also been included in the administration line-up. The rest of the slate is a mix-bag of local government politicians and incumbent congressmen, most if not all are from influential families and have strong local bailiwicks. They include: Zambales Governor Vicente Magsasay, Leyte Governor Jerry Petilla, Ilocos Governor Luis ‘Chavit’ Singson, and Sultan of Sulu Jamalul Kiram III.

In the runup to fill the senatorial ticket, other non-politician personalities have been considered to shore up mass appeal for the administration. Among them was actor Richard Gomez but not without protestations from another senatorial candidate Representative Prospero Pichay (Surigao del Sur, 1st district) on the grounds of a “principled” candidate criteria. Gomez is a known staunch ally of former President Joseph Estrada. Others considered in their lineup were actors Cesar Montano and OMB Chairman Edu Manzano. Presidential political adviser Gabriel Claudio disclosed that the criteria in choosing their candidates include “winnability”, a good track record and one that is supportive of the programs of the administration.

Local government officials included in the shortlist were: Majority Leader Prospero Nograles (Davao City, 1st district), Reps. Gilbert Teodoro Jr. (Tarlac, 1st district). Two young candidates have also rounded up the administration lineup. They are: Juan Miguel Zubiri (Bukidnon, 3rd district) and Presidential Chief of Staff Michael Defensor.

The opposition on the other hand, disclosed ten candidates in their lineup. They are: Representatives Alan Peter Cayetano (Pateros-Taguig, lone district); Benigno “Noynoy” Aquino III (Tarlac, 2nd district); House Minority Leader and Sorsogon Rep. Francis “Chiz” Escudero; Senator Panfilo “Ping” Lacson; former Senators Loren Legarda, John Osmeña, and Anna Dominique Coseteng; lawyer Aquilino Pimentel III; Sonia Roco (wife of former 2004 presidential candidate and Senator Raul Roco); detained Oakwood mutiny leader Lt. Sg. Antonio Trillanes IV; and guest candidates incumbent Senators Francis Pangilinan and Senate President Manuel Villar Jr.. However, both the later candidates have announced they would run as independents.

A total of 80 candidates have filed their certificates of candidacies with the COMELEC as of the end of 12 February 2007. deadline. COMELEC has rejected half of those who filed, considering them as nuisance candidates.