Opposition questions House quorum in TRAIN ratification

Only 10 congressmen out of the 294 listed in the rolls of the House of Representatives were present when the Chamber ratified the bicameral committee report on the Tax Reform Acceleration and Inclusion bill or “TRAIN” on Wednesday.

Of the 10, five are members of the minority and were expected to thumb down the measure.

Despite the glaring lack in quorum that was pointed out by ACT Teachers Partylist Rep. Antonio Tinio, the vote proceeded with the “ayes” prevailing.

Tinio said the legislative proceeding was an alleged sham and that it has been recorded on video for presentation before the Supreme Court (SC) when it hears the Makabayan petitions seeking to void the ratification of the bicameral report.

Makabayan is composed of seven lawmakers representing Left-leaning partylist groups that severed a political alliance with President Duterte following the collapse of the peace negotiations between government and the communists.

Majority Leader Rodolfo Farinas, who accompanied a distraught colleague who rushed to a hospital emergency involving a family member, said an overwhelming affirmative vote was expected in support of TRAIN.

Tinio admitted that Farinas could have been correct in this prediction but that the fact remains that in ratifying the TRAIN bicameral report, the Lower House committed a grave violation of the Constitution.

However, Tinio said that of equal weight in their bid to oppose the passage of the TRAIN was its projected adverse effect to the lives of the poor and the salaried workers who will supposedly benefit from it.

“They dangled the tax exemption granted a few salaried workers in order to raise taxes that will harm the majority of Filipinos, particularly the poor,” said Tinio.

On a quick “ayes” and “nays” vote, Deputy Speaker and Batangas Rep. Raneo Abu declared that there was unanimous assent to the report that came in at past 10 p.m. and with only a handful congressmen present.

Tinio quickly rose to object to the motion to ratify the harmonized version of the TRAIN.

“Since there was no quorum and no actual vote was taken, the alleged ratification is clearly invalid,” he stated.

Sensing that remaining members of the Malacanangallied House supermajority bloc will pass the measure despite lack of “warm bodies” in the plenary, Tinio questioned quorum but was ignored.

Delay in the submission of the bicameral report was blamed on a deadlock between senators and congressmen in connection with the coal tax issue.

On the other hand, Albay Rep. Edcel Lagman, head of the Magnificent Seven minority group, backed Tinio’s protest, saying that the objection on quorum should have been heeded by Abu since this takes precedence over all other issues on the floor.

Tax on coal Minority Leader and Quezon Rep. Danilo Suarez, who represented the House contingent in the bicameral panel, said the House representatives have maintained a rejection of any hike on taxes imposed on coal.

Disgusted that the bicameral committee finally agreed to cut the proposed P300 excise tax imposition by 50 percent, Suarez did not sign the report, dramatizing his protestation.

Senators have reportedly raised an issue over the alleged “smuggling” into the bicameral report of a provision that exempted local coal distributors from taxes.

Deputy Speaker and Marikina City Rep. Miro Quimbo said a senator has proposed the repeal of a law exempting local coal from taxes but never got off.

“It was clear to us that any repeal of an industry incentive is better taken up in Package 2 of the TRAIN,” Quimbo said.

Quimbo, former chairman of the House Committee on Ways and Means, said the House contingent merely agreed to allow the removal of tax exemption for locally-produced coal by imposing excise tax on all similar products, whether local or imported.

“Coal will not be exempt. It will be subjected to a new excise tax that is 500 percent higher than before the TRAIN,” he added.

The Senate version of the bill provides for the imposition of R300 excise tax on coal, up from P2 per metric ton.

The two panels agreed to a compromise that would impose excise tax of P50 per metric ton in the first year of implementation; R100 in the second year; and, R150 in the third and succeeding years.

Under Presidential Decree No. 972, the current law in place, local coals are exempt from any form of tax, including excise tax, value added tax and customs duties.