(Prepared by Rep. Edcel C. Lagman)
The late President Corazon Aquino started the tradition of marking the first 100 days in office of a Chief Executive when she reported on June 4, 1986 on her administration’s accomplishments, which was broadcast on television. She was then the head of a revolutionary government and the Congress was still closed.
Subsequent Presidents from Fidel V. Ramos, Joseph Ejercito Estrada, Gloria Macapagal-Arroyo to Benigno Simeon Aquino III continued the tradition by reporting to the nation their respective accomplishments during their first 100 days in Malacañang.
If he is inclined to, President Duterte may also make his own report. It may be expected that his report will concentrate on what he has been telling various audiences from military camps, foreign forums to business meetings on his unrelenting campaign against the drug menace and criminality.
It appears that the overriding and singular policy of President Duterte is to obliterate the drug problem even at the expense of due process and the rule of law. The “success” of his campaign is indicated by the inordinate number of extra-judicial killings of suspects and the avalanche of drug dependents who have surrendered but could not be accommodated in the very limited drug rehabilitation centers in the country.
Members of the Duterte Cabinet have sidelined their principal work to support the President’s drug war.
Foreign Secretary Perfecto Yasay has recently globetrotted to deny, particularly in the United States and the United Nations, the human rights violations and extra-judicial killings connected with Duterte’s anti-drug campaign. He went to the extent of telling his international audiences that the world should not interfere with President Duterte’s crackdown on crime even as it violates human rights. He was oblivious that the Philippines is a State Party to the International Convention on Civil and Political Rights which considers the protection and promotion of human rights an overriding global concern. Yasay’s vain effort of offering excuses has been drowned by Duterte’s admission of Hitler-like killings of suspected criminals reminiscent of Hitler’s extermination of six million Jews.
The waking hours of Justice Secretary Vitaliano Aguirre is devoted to harassing and persecuting Sen. Leila De Lima to support the President’s personal vilification campaign against his nemesis in the drug war and human rights violations issues. He even violated rules of the House of Representatives by personally propounding questions to the inmates and NBI officials he brought as witnesses to the Committee on Justice investigation on the New Bilibid Prison drug trade to link Senator De Lima to illicit deals.
Communications Secretary Martin Andanar wastes no time in defending the President’s deadly war against drug traffickers and dependents even as, like other Cabinet secretaries, he minimizes the adverse consequences of Duterte’s reckless and thoughtless utterances.
Meanwhile, Duterte and his men are sacrificing the economy and the people’s welfare which have been relegated to the backburner in favor of the all-consuming passion to exterminate suspected drug dealers and addicts. In fact, Duterte is asking for another six months to finish the “job” which by his own admission replicates the Holocaust.
Had President Duterte not inherited a healthy economy and strong economic fundamentals, the Philippine economy could have earlier tumbled, as it is about to, due to leadership neglect and errant priorities.
The President’s “achievements” in his first 100 days can be measured on whether (a) he has fulfilled his major campaign promises; and (b) the extent he and his team have advanced the new administration’s 10-point economic agenda.
President Duterte has nothing much to crow about with respect to fulfilling his principal campaign promises:
(1) Anent his promise to solve the drug menace within six months, the light at the end of the tunnel remains far too distant. What is revolting are dead bodies of suspects littering the tunnel. The President must learn from the dismal failures of Thailand, Mexico and the United States, among others, that a deadly and violent war against the drug problem is not the solution. The Duterte government must realize that a drug crisis is not a mere police problem but it is likewise a health concern as well as a poverty issue.
(2) Duterte also vowed to solve the traffic mess in Metro Manila and other parts of the country. Since the start of his incumbency, the traffic crisis has even worsened and there is no solution in sight. The administration bills proposing to grant the President “emergency powers” to address the traffic problem are still pending in the proper committees of the House and the Senate despite the numerical ascendancy of the supermajorities in both Chambers.
Moreover, the emergency powers being sought by the President may not even be necessary because there are existing laws which aptly cover the “emergency power” he seeks.
Under the Government Procurement Reform Act (R.A. No. 9184), there are alternative methods of procurement which shorten or even dispense with the bidding process like (a) selective bidding; (b) direct contracting; (c) repeat order; (d) shopping; and (e) negotiated procurement. In other words, there is no need to exempt the President’s procurement of commodities and services to halt the traffic gridlock from the coverage of R.A. No. 9184 because the law itself provides for exceptions.
The prohibition against the issuance of temporary restraining orders (TROs) or writs of preliminary and mandatory injunctions against projects to resolve the traffic crisis is also unnecessary because of the existence of R.A. No. 8975 (An Act to Ensure the Expeditious Implementation and Completion of Government Infrastructure Projects by Prohibiting Lower Courts From Issuing Temporary Restraining Orders, Preliminary Injunctions or Preliminary Mandatory Injunctions, Providing Penalties for Violations Thereof, and for Other Purposes).
Sec. 3 of R.A. 8975 provides:
“Section 3. Prohibition on the Issuance of Temporary Restraining Orders, Preliminary Mandatory Injunctions. – No court, except the Supreme Court, shall issue any temporary restraining order, preliminary injunction or preliminary mandatory injunction against the government, or any of its subdivisions, officials or any person or entity, whether public or private acting under the government direction, to restrain, prohibit or compel the following acts:
“(a) Acquisition, clearance and development of the right-of-way and/or site or location of any national government project;
“(b) Bidding or awarding of contract/project of the national government as defined under Section 2 hereof;
“(c) Commencement, prosecution, execution, implementation, operation of any such contract or project;
“(d) Termination or rescission of any such contract/project; and
“(e) The undertaking or authorization of any other lawful activity necessary for such contract/project. x x x”
“National government projects” which cannot be enjoined is defined by R.A. No. 8975 as referring to “all current and future national government infrastructure, engineering works and service contracts, including projects undertaken by government-owned and –controlled corporations, all projects covered by Republic Act No. 6957, as amended by Republic Act No. 7718, otherwise known as the Build-Operate-and-Transfer Law, and other related and necessary activities such as site acquisition, supply and/or installation of equipment and materials, implementation, construction, completion, operation, maintenance, improvement, repair and rehabilitation, regardless of the source of funding.”
Verily, R.A. No. 8975 is all-encompassing as it covers the national government projects exempt from the injunctive issuances of courts like those to be implemented under Duterte’s proposed “emergency powers”.
Some of the “emergency powers” which are proposed to be granted to the President may be constitutionally infirm as the grant constitutes abandonment of legislative authority or undue delegation of legislative power like giving the President sole and unrestricted power to reorganize government offices created by law and the grant of power to the President to abolish or create government offices which is a legislative power.
(3) While there are visible advances in putting to an end to the illegal practice of “endo”, there should be more political will to stop the practice now rather than wait up to 2017 for a full or complete banning of this subterfuge by employers to avoid granting security of tenure to their employees.
(4) It is in his promise to conclude peace with the Left that considerable headway has been achieved.
With respect to Duterte’s 10-point socio-economic agenda, nothing much has moved because of his preoccupation on his brutal anti-drug campaign.
Suffice it to say that:
(1) The proposed Comprehensive Tax Reform Package which the Department of Finance recently submitted to the House Committee on Ways and Means is anti-poor and anti-marginalized because, among others, it: (a) taxes holiday pay, overtime pay, night shift differential pay, hazard pay and 13th month pay received by low-income earners; (b) repeals VAT exemption of people with disabilities (PWDs) and senior citizens; and (c) imposes P10.00 excise tax on lubricating oils and greases, waxes and petrolatum, nafta regular gasoline, leaded premium gasoline and aviation turbo jet fuel; imposes P6.00 excise tax on processed gas, denatured alcohol, kerosene, diesel, LPG, asphalts and bunker fuel; and (d) imposes a 10% annual increase of excise taxes on petroleum products.
Particularly affecting the middle and upper classes is the increased excise tax on automobiles, from 2.0% to 5.0% for prices below P600,000; P20% for prices P600,000 to P1.1M; 40% for prices above P1.1M to P2.1M; 60% for prices above P2.1M. With the prices of automobiles becoming prohibitive, car users will be constrained to continue using their old environment-unfriendly vehicles even as the car distribution companies will suffer lower sales which would result to layoff of workers.
Since the burden of excise taxes on petroleum products cascades to the ultimate consumer or the general public, the brunt of the tax is borne by ordinary people who constitute the bulk of the consuming public who will not benefit from the tax package.
(2) The call by the President for the full implementation of the Responsible Parenthood and Reproductive Health Law is illusory because the proposed 2017 budget for the purchase of family planning supplies is a measly amount of P165.4M or even lower than the amount allocated for the current year.
(3) President Duterte’s “independent foreign policy” remains a motherhood statement. He has neither disclosed nor explained what are the fundamentals, core, thrusts and parameters of his so-called “independent foreign policy”.
Meanwhile, while Duterte seeks new foreign alliances, which is welcome, he must not in the process alienate traditional economic partners and security allies. An “independent foreign policy” does not call for antagonism against existing partners and allies. It must not result to squandering time-tested favorable relationships.
Before real change can come in Duterte’s administration, it is necessary that he must first effect a genuine change in himself. He is not anymore in the campaign trail when to win votes he can make outlandish utterances without accountability. He is now President and he speaks for the government and for the people. He must avoid senselessly provocative and grossly intemperate pronouncements which have adverse consequences on our national interest and economy.