Palace: Duterte's EO won't totally ban labor contractualization

T HE executive order (EO) that will be inked by President Rodrigo Duterte is not enough to totally prohibit the unlawful contractualization in the country, Malacañang admitted on Monday, April 2.

Senior Deputy Executive Secretary Menardo Guevarra said the pending EO on contractualization has "limitations."

"The total ban itself is something that we cannot do by EO," he told Palace reporters.

Guevarra said only Congress could end all forms of illegal contractualization by drafting a proposed measure that would amend the country's Labor Code.

"If you want something like a total ban on contractualization, you need a law to repeal or amend that particular provision of the Labor Code," he said.

"An executive order is meant only to supplement or to give the implementing details of what the law provides. But it cannot add or subtract, or substantially alter what the law provides. That's really more for Congress to do. So I hope that you will understand the limitations on executive order," he added.

In February, Duterte promised labor groups to sign an EO banning unlawful forms of contractualization by March. The President, however, failed to sign the EO last month.

Guevarra said the "main problem" is that labor groups' demands could only be met through a legislative action.

"That draft EO has been under study in our office for quite sometime. The main proble there is what others want to happen is something that the executive department is not empowered to do. It requires legislative action because it's about Labor Code," he said.

Asked it the executive department has spoken with Congress leaders to act on labor contractualization, Guevarra said there was no "actual coordination" with the legislative department.

While Duterte is yet to sign an EO on contractualization, the Department of Labor and Employment (Dole) issued Department Order 174 in March 2017, imposing strict regulations governing contracting and subcontracting arrangements.

Guevarra, when pressed again if there is a difference between Labor department's order and Duterte's impending EO, said: "Honestly, not much."

He, however, said the executive department is exerting all efforts to ensure that the EO would be "acceptable to the labor sectors."

On February 27, Duterte also revealed his intent to just seek a "compromise," as he is having a hard time to live up to his promise to end labor contractualization.

Guevarra said that for now, the executive department is to make a "very strict" compliance of employers with existing labor rules and regulations.

PRESIDENTIAL Communications Operations Office (PCOO) Assistant Secretary Esther Margaux "Mocha" Uson is now facing a new administrative complaint before the Office of the Ombudsman for purportedly peddling fake news.

The complaint was lodged before the Ombudsman Monday morning, April 2, by the Akbayan Youth group, who accused Uson of grave misconduct, serious dishonesty and conduct prejudicial to the best interest of public service for being the source of "numerous and deliberate misinformation."

The group claimed Uson's pro-administration blog on Facebook has become a source of an "arbitrary ascertainment of facts" that encouraged "cyberbullying attacks."

"The online and public persona of public official Uson is the source of numerous and deliberate misinformation," the complaint read.

"This is contrary to the PCOO to ensure transparency and full and appropriate disclosure of policies, programs, official activities, and achievements of the Office of the President and the Executive Branch which are of public concern, and to inform and communicate the same to the Filipino people," it added.

Akbayan Youth added that it sought Uson's removal from office and dismissal from service, as she is "not competent to discharge her functions as a public officer."

But Senior Deputy Executive Secretary Menardo Guevarra defended Uson, saying he does not believe that the assistant secretary is spreading false information.

"Of course not...To tell you frankly, I'm not reading everything that's in the blogs. I don't have much time to go over all of these things but she has consistently denied it. So I take her word for it. As a fellow worker, I take her word for it," he said.

Guevarra expressed optimism that Uson would be able to defend herself over accusation that she is spreading fake news.

"I'm sure Asec. Mocha will be able to defend herself. There are processes to follow and to observe, and she'll be given her fair chance to be able to explain," he said.

In 2017, administrative and criminal charges were also filed against Uson by Senator Antonio Trillanes IV for spreading "fake news" regarding the latter's supposed foreign bank accounts. (Ruth Abbey Gita/SunStar Philippines)