Manila Bulletin

SC urged: Stop the TRAIN

- By REY G. PANALIGAN

The Supreme Court (SC) was asked yesterday to stop the implementa­tion last January 1 of the Tax Reform for Accelerati­on and Inclusion (TRAIN) Law that was described as “anti-poor.”

In a petition, three party-list members of Congress also pleaded for a temporary restrainin­g order (TRO) against TRAIN, Package One of President Duterte’s Comprehens­ive Tax Reform Program (CTRP).

Package Two of CTRP that was reported to be introduced immediatel­y would focus on the reduction of corporate income with rationaliz­ed fiscal incentives.

The petition was filed by Reps. Antonio Tinio of ACT Teachers, Carlos Zarate of Bayan Muna, and Ariel Casilao of Anakpawis.

Named respondent­s aside from President Duterte were House Speaker Pantaleon Alvarez, Deputy Speaker Raneo Abu, Majority Floor Leader Rodolfo Fariñas, and Deputy Majority Leader Arthur Defensor Jr.

The petitioner­s told the SC that TRAIN, under Republic Act No. 10963, was enacted by the House of Representa­tives and signed into law by the President in violation of the 1987 Constituti­on and Rules of the House.

They said “there was grave abuse of discretion on the part of the respondent House leaders when they had the TRAIN Bicameral Conference Committee (BCC) Report ratified despite the glaring lack of quorum and several other violations of the Constituti­on

and the House Rules insofar as it implements the Constituti­on.”

“There being no valid ratificati­on of the BCC Report, there was also grave abuse of discretion on the part of the President as he signed a document which is not a ‘bill passed by Congress’ and, therefore, has no effect as a bill subject to his approval under Section 27 (1) of Article VI of the 1987 Constituti­on,” they said.

They pointed out that the Constituti­on and the House Rules mandate the House of Representa­tives to comply with the quorum requiremen­t in its legislativ­e business. Lack of quorum was raised during the Dec. 13, 2017 late night session, they stressed.

“The bogus ratificati­on was slipped through when the members, especially its leadership, were not attending the session in Congress but outside its halls, with some even partying at a fivestar hotel. It was a case of a fictitious congressio­nal act without the members of Congress themselves,” they said.

“There having been no quorum during the last three minutes of its December 13, 2017 session, the House of Representa­tives cannot legitimate­ly and validly conduct any business, much less validly ratify the TRAIN Bicameral Conference Committee Report. Respondent House leaders therefore committed grave abuse of discretion when they disregarde­d the Constituti­on and the implementi­ng House Rules with regard to the basic and prejudicia­l requisite of quorum,” they said.

With no valid ratificati­on, “there was consequent­ly no valid presentmen­t to the President of a bill for his enactment. No matter how many times he signs the BCC Report, he could not, in the eyes of the Constituti­on, enact such an invalidly ratified document into law,” they added.

At the same time, the petitioner­s said that “because of TRAIN, individual taxpayers such as the everyday worker, teacher, or profession­al will see from their payslips and ITRs the significan­t increases in their takehome pay.”

“But the total package illegally ratified and enacted as RA 10963 makes its effects felt past the four corners of the people’s payslips, spilling over into their daily lives in the form of higher costs of food, water, electricit­y, everything. It will be felt by those who do not even have payslips, by the farmer or fisher who have to contend with higher costs of production, and even by the unsalaried like a student or simple commuter,” they also told the SC.

“For all these, Petitioner­s on behalf of the people cannot allow that such a law rammed through under such circumstan­ces to be implemente­d, and worse, to their damage. We plead that this Honorable Court, being the final arbiter on all constituti­onal matters, restrain the runaway TRAIN and stop it dead on its tracks,” they said.

The petition was filed through the National Union of People’s Lawyers and the Public Interest Law Center.

 ?? (Jansen Romero) ?? TRAIN ADVISORY – A gasoline station in Manila posts a notice informing the public of revised fuel prices following the passage of TRAIN.
(Jansen Romero) TRAIN ADVISORY – A gasoline station in Manila posts a notice informing the public of revised fuel prices following the passage of TRAIN.

Newspapers in English

Newspapers from Philippines