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Wednesday, June 25, 2008

 

Lack of funding hobbles implementation
of nearly 50 enacted laws

By Efren L. Danao, Senior Reporter

First of two parts

Even as the administration distributes billions of pesos worth of dole- outs, there are nearly 50 laws that have been passed by Congress but cannot be implemented for lack of funding.

President Gloria Arroyo recently ordered the release of funds as subsidy for lifeline power consumers at P500 each. She had also directed the Department of Agriculture to give farmers P1,500 as fertilizer subsidy. Her critics doubt the legality of these subsidies, because there was no congressional authorization for their release. They argue that a law or a provision in the General Appropriations Act is needed to authorize the release of these subsidies.

It has been noted, however, that a law or a budget provision does not necessarily result in the release of needed funds. Data gathered by The Manila Times show that 46 well-crafted laws dating as far back as April 9, 1994 could not be fully implemented for lack of funds.

While these 46 laws had received P19.76 billion over the past 13 years, this amount is way short of their total funding requirement of P239.9 billion. The funding deficiency of P220.16 billion, which is expected to grow as things get more expensive in the future.

These 46 laws are classified into economic, social, defense and general public services. There are 12 laws on economic services with a total funding requirement of P295.98 billion. Their funding deficiency totals a hefty P158.33 billion.

The biggest fund deficiency of P46.39 billion is for the Agriculture and Fisheries Modernization Act of 1997. This law focused on food security, poverty alleviation and global competitiveness after the creation of the World Trade Organization. The law’s initial funding requirement was P22 billion, with an annual program of at least P17 billion from 1999 to 2004. But only P75.6 billion has been released.

Of a lesser deficiency but not necessarily less important is Republic Act 8550 or the Fisheries Code. It was enacted in 1998 and required a funding of P1.6 billion, but since its enactment, none of its required funding has been released.

Some 19 laws on social services have funding requirement of P37.98 billion, but they have a funding deficiency of P35.94 billion. Of the 19 unfunded laws, the oldest is Republic Act 7696 that seeks to grant old-age pension and other benefits to Filipino veterans that was enacted on April 9, 1994. This law was authored by then-Sen. Alberto Romulo, who sought to upgrade the pension and benefits enjoyed by veterans.

Among the benefits is an annual increase of not less than P500 a month in their pension until the amount reaches P5,000 monthly. These veterans, principally those who had fought in World War II, were nearing the twilight of their years, and lawmakers thought it was proper to give them due recognition while they were still alive.

The intention was excellent, but the funding was weak. Veterans have yet to receive P4.15 billion in old-age pension, P278 million in death pension, and P22.98 billion in total administrative disability pension. The law did not actually mention a specific funding requirement. Section 10 merely stated, “Funds for the purpose of this Act shall be included in the annual general appropriations of the Department of National Defense and such funds required for the initial implementation of benefits adjusted or upgraded under this Act shall be taken from the available savings and funds of the National Government.”

Some of the laws on social services never got even a single centavo from the national government since their enactment on June 1, 1994. One of them is Republic Act 7743, a law providing for the establishment of congressional, city and municipal libraries and barangay reading centers throughout the Philippines.

The others pertain to the increase in the bed capacity of the Amang Rodriguez Memorial Medical Center, the Dr. Jose N. Rodriguez Memorial Hospital and Sanitarium in Tala, Caloocan City, and the Valenzuela Medical Center.

The most pathetic law in this classification is Republic Act 9003 or the Ecological Solid Waste Management Act of 2000, authored by Sen. Loren Legarda and hailed as one of the most noteworthy accomplishments of the Eleventh Congress.

But praises are one thing, funding is another. The law has not received a single centavo since its enactment, although it is supposed to get an annual budget of P20 million. Whatever funds the law got for its implementation came from savings of the Environmental Management Bureau, an attached agency of the Department of Environment and Natural Resources.

It is perhaps no wonder then that there are still 826 open dumps in various parts of the country, despite the February 17, 2006 deadline for their closure by the law and that only 2,400 of the more than 44,000 barangay units in the country have waste segregation projects.

The Armed Forces of the Philippines (AFP) Modernization Act enacted on February 23, 1995 could not go full steam ahead as it is still suffering from a funding deficiency of P25 billion. The 13 laws on general public services are still waiting for the release of P879.7 million needed for their full implementation. Most of these laws pertain to the creation of family courts, metropolitan trial courts, regional trial courts, additional courtrooms for municipal trial courts, and the creation of the Juvenile Justice and Welfare Council.

To be continued

   

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Severino O. Frayna Jr., Benjie Dela Rosa
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