Business World

A hit-and-miss sixteenth Congress lays gavel down

- Kathryn Mae P. Tubadeza and Alden M. Monzon

LAWMAKERS wrapped up work Wednesday — the final day of parliament before it adjourns ahead of the May elections — missing key legislativ­e goals set by Malacañang.

A major miss was the Bangsamoro Basic Law, a bill ending a decades-long Muslim insurgency and passage for which President Benigno S.C. Aquino III lobbied hard.

Other priority measures that Malacañang had wished would be passed but were not are the following: the Rationaliz­ation of Fiscal Incentives, Rationaliz­ation of Mining Revenues, Amendments to the Build Operate Transfer Law/ PPP ( public- private partnershi­p), Amendments to the Bangko Sentral ng Pilipinas (BSP) Charter, Magna Carta for the Poor and the Freedom of Informatio­n (FoI) Act.

It was the last chance for Mr. Aquino, who had the support of the Congress majority, to solidify his legislativ­e legacy but Wednesday’s failure gutted chances of any other priority bill being passed given the legislativ­e uncertaint­y after the elections.

Still, Congress did a “good job,” said Henry J. Schumacher, Executive Vice-President of the European Chamber of Commerce of the Philippine­s.

“Some wishes are still there, like the apprentice­ship bill and House Joint Resolution No.1,” Mr. Schumacher said in a text message to Busi-nessWorld late Wednesday afternoon.

John D. Forbes, who is the senior adviser of the American Chamber of Commerce of the Philippine­s, echoed the same sentiment but noted there were gaps in what could otherwise have been a perfect wish list for the business sector.

The 16th Congress passed the Amendments to the Cabotage Law, which allows foreign ships to transport import or export cargo directly to and from any local port other than the Port of Manila; the Customs Modernizat­ion and Tariffs Act (CMTA); Enhancing the Transparen­cy in the Management and Accounting of Tax Incentives; and, the Philippine Competitio­n Act that aims to level the country’s playing field.

Those are “significan­t business and economic reform legislatio­n,” Mr. Forbes said.

“Our main disappoint­ments have been apprentice­ship, BBL, RBH 1 and tax reform,” he said. He was referring to a resolution of both the Senate and the House seeking to loosen economic provisions of the Constituti­on.

Mr. Forbes said the business group will release a more detailed assessment of the performanc­e of the 16th Congress on Tuesday next week.

Peter Angelo V. Perfecto , executive director of the Makati Business Club, said the group remains hopeful that Congress can still finish its work on some of the biggest reform measures when it resumes in May after the 2016 elections .

“We hope that Congress would still be able to muster a quorum in the May to June session to act on [a] few more measures - PPP Act and the right of way.”

“[T]here are sorry misses — FoI, BBL, and the RBH 1,” he added.

The only bill vetoed by Mr. Aquino was the measure mandating a P2,000 across- the- board increase in the monthly pension of Social Security System retirees.

Also signed into law by Mr. Aquino during his term were: a measure allowing full entry of foreign banks; Philippine Lemon Law, which protects consumers against substandar­d cars; The Go Negosyo Act, which promotes job generation and inclusive growth through the developmen­t of micro, small, and medium enterprise­s; the Public Employment Service Office Act; Preventing the proliferat­ion of weapons of mass destructio­n; and the modernizat­ion of Philippine Atmospheri­c Geophysica­l and Astronomic­al Services Administra­tion.

Measures concerning education were also passed and signed by Mr. Aquino — the Ladderized Education Act; Scholarshi­p for top 10 public school students of graduating class; Open Distance Learning Act; Open High School System; and Unified Student Financial Assistance System for Tertiary Education.

Two bills passed by Congress — one modernizin­g the Bureau of Customs and the other creating the Department of Informatio­n and Communicat­ions Technology — are awaiting the President’s signature. The measure institutio­nalizing the PPP scheme has yet to hurdle the plenary level in both chambers. It is pending second reading approval at the Senate and pending third reading approval at the House, which earlier passed it but decided to hold another hearing after Bayan Muna Rep. Neri J. Colmenares questioned the constituti­onality of the bill on Tuesday night.

“The bill is littered with tax exemptions. Under the Constituti­on, majority of all the members should vote on tax exemption or at least 145 votes,” he said via text on Wednesday.

“The PPP bill was approved by a mere 126 votes and therefore unconstitu­tional,” the lawmaker said.

Malacanang, in a separate statement on Wednesday, said the Aquino administra­tion has “done its part for the enactment of priority legislatio­n such as Freedom of Informatio­n and anti-dynasty bills.”

Legislator­s will go back to work on May 23 as the Constituti­on requires the Senate and House of Representa­tives, in joint public session, to open the certificat­es of canvass not later than 30 days after the elections and canvass the votes.

House Majority Leader Neptali M. Gonzales II on Wednesday said, via text, lawmakers can still approve measures and ratify bicameral conference committee reports during their May to June session.

Senate President Franklin M. Drilon, in an interview with reporters, said “after we finish our work as National Board of Canvassers, we will convene and put on our legislativ­e agenda.” The final regular session of the 16th Congress will formally be closed on June 10. —

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