Daily Tribune (Philippines)

How RA 11928 became a law

- PLAIN VIEW PRIMER PAGUNURAN primerpagu­nuran@gmail.com

How can RA 11928, aka the “Separate Facility for Heinous Crimes Act,” be a valid voucher for three crime facilities when the bill-drafting rule is that, no other substantiv­e provision should be stated elsewhere than in the title itself? In abridged form, said title reads — “An Act Establishi­ng a Separate Facility …and Appropriat­ing Funds Therefor.”

Rather craftily drafted, Section 5 of RA 11928 constitute­s a “rider,” fait accompli; the terms “facility” and “facilities” deftly juxtaposed illustrate a sneaky subterfuge to navigate larger “appropriat­ions therefor”; stating streetwise — “there shall be at least three separate facilities… with one facility each in Luzon, Visayas, and Mindanao.”

In RA 11928, a rubber-stamp proviso reads, “Lapsed into law on 30 July 2022 without the signature of the President, in accordance with Article VI, Section 27 (1) of the Constituti­on.” The referenced constituti­onal basis more accurately reads, viz: “The President shall communicat­e his veto of any bill to the House where it originated within thirty days after the date of receipt thereof, otherwise, it shall become a law as if he had signed it”.

Note that by origin, RA 11928 is passed by the 18th Congress as Senate Bill 1055 and House Bill 10355 on 31 May 2022 and 30 May 2022, respective­ly. It could not have lapsed into law on 30 July or beyond then Du30’s last day in office on 30 June. Reckoning a 30 plus one day prior, why will then Congress forward the bill on 29 June — on the eve of Du30’s end of duty?

There’s no way the 18th Congress bill could breach the constituti­onal time wall for it to lapse into law on 30 July 2022. Since the 19th Congress and the 17th President both began their official term of office only on 30 June 2022, not a day prior — it henceforth becomes ambiguous for an 18th Congress bill to acquire the status of a law on dubious applicabil­ity or doubtful origin.

Arguably, since it’s neither a vetoed bill by Du30, the 18th Congress also finds no ground to override what is not a presidenti­al veto. What can be deduced is that somewhere in time, the bill is kept at bay — no signature, no approval, no override — until the lapse of thirty days. But where did it hold court?

On whose term, time horizon, and jurisdicti­on does RA 11928 fall so whoever that President could be the one to declare that subject bill became a law? Are there other governing rules unseen on the radar or outside of establishe­d parameters?

It makes sense to argue that there may have been a day left to save the 18th Congress bill from extinction — deemed “expired” on 30 June — so an “invisible hand” perfidious­ly moved the goalposts. It’s like ordering a dish of oysters in a restaurant hoping to find a pearl to foot the bill.

Which Congress or whose presidency has given legal birth to RA 11928 as a law without introducin­g a grand paradox? How it can even callously carve out a larger berth in the government finance wharf escapes understand­ing.

If funding three state-ofthe-art crime facilities with tens of billions out of taxpayers’ money in one deceptive stroke isn’t “anomalous,” what is? Has it ceased to be unequivoca­lly important to timeline how the 30 days have lapsed and fallen under whose watch — in order to lend credence to a law of uncertain validity?

Knowing how many more bills have forthwith become laws after a lapse of thirty days poses an interestin­g challenge to future research. How could a lousy phraseolog­y — “as if the President had signed” — could even gather intellectu­al adherents?

How dangerous policymaki­ng could get if its purpose is to reduce taxpayers’ money as a wanton giveaway? Standing on a “fault line” and as crucial as its implicatio­ns are, this “mutant specimen” of law and experiment­ation in “legislativ­e malpractic­e” cannot find acceptance among public intellectu­als.

No bill lapses into law incongruou­s with the prescribed origin and constituti­onal time.

“How could a lousy phraseolog­y — “as if the President had signed” — could even gather intellectu­al adherents?

“There’s no way the 18th Congress bill could breach the constituti­onal time wall for it to lapse into law on 30 July 2022.

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