Three senators plan to file a joint resolution to revoke President Rodrigo Duterte’s executive order (EO) reducing taxes on imported pork.

Senate Minority Leader Franklin Drilon said on Tuesday, April 13, that he and senators Cynthia Villar and Francis Pangilinan intend to file a joint resolution that aims to revoke EO No. 128.

“By law, the authority of the President to fix tariff rates while Congress is not in session can be withdrawn or revoked by virtue of a joint resolution,” said Drilon in a statement.

The veteran lawmaker said Congress is empowered to revoke EO 128 under Republic Act (RA) No. 10863 or the Customs Modernization and Tariff Act, which was the basis of Duterte’s executive order. 

EO 128 – which Duterte signed last week when the 18th Congress already started its two-month break – reduces import taxes on chilled and fresh pork meat to address the supply shortage and soaring prices.

While RA 10863 allows the President to make changes to existing rates of import duty while Congress is not in session, Section 1608 (f) of the same law also states that “the power herein delegated to the President may be withdrawn or terminated by Congress through a joint resolution.”

For the plan of Drilon, Villar, and Pangilinan to push through, however, their joint resolution must be approved by both the Senate and the House of Representatives.

The joint resolution will have to separately go through 3 successful readings in both chambers.

That the 3 lawmakers want to revoke EO 128 is not surprising, since senators in general have called Duterte’s decision “bad news” for domestic meat producers who now have to face more competition while grappling with both the African swine fever outbreak and the coronavirus pandemic. 

“EO 128 will kill the local hog industry, not the African swine fever or ASF. The irrational and drastic decision to increase the minimum access volume or MAV serves as a final ‘nail in the coffin’ of the local hog industry,” Drilon said.

He earlier questioned the timing of Duterte’s proposal to Congress to increase the MAV to 350,000 metric tons from the current 54,000 MT. Duterte submitted the proposal on March 26, the last day of Congress’ session before its break.

Section 6 of another law, RA 8178 or the Agricultural Tariffication Act, states the President can propose to Congress any changes to the MAV. But if Congress fails to act after 15 days from receipt of the proposal, it would be deemed approved.

Drilon said Duterte could have submitted the proposal to Congress earlier so lawmakers would have enough time to determine the necessary adjustments.

Senators had grilled Agriculture Secretary William Dar during the chamber’s committee of the whole hearing on Monday, April 12, for recommending that Duterte increase the number of allowable pork imports with lower tariffs.

Villar said the policy is “out of range,” since increasing the MAV for pork to 350,000 MT is more than double of what is realistically the demand for it in the country.

In the same hearing, Senator Panfilo Lacson also asked Duterte to “recall” EO 128, saying it will have a “double-dead” effect on the local hog industry. 

Presidential Spokesperson Harry Roque said Malacañang “respects” the senators’ call to revoke EO No. 128, saying it is within Congress’ powers to do so.

“EO No. 128 lowering the tariff of imported pork is only a delegated power given by Congress to the President to impose tariff rates, imports or exports pursuant to Section 28, paragraph 2, Article VI of the Constitution. Hence, Congress may, by law, impose limitations on such delegated power or may reverse the same,” Roque said in a statement. 

He said Congress may also opt to pass another bill changing the tariff on imported pork, though Duterte would still have veto powers over this measure. 

Still, Roque hopes the executive branch and Congress “can work together in protecting the interest of the stakeholders such as consumers and our hog raisers alike.” – Rappler.com