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I can feel the frustration of legislators who sweat it out to enact
the best laws possible, only to find these laws unimplemented for
lack of funds. Data gathered by this corner showed that some 46
laws, with one dating back to April 9, 1994, are either completely
unfunded or are partially funded. They still have to receive P220.16
billion of the P239.9 billion needed for their full implementation.
I raised this issue of unfunded laws after
criticisms were thrown at President Arroyo’s decision to grant
subsidies for lifeline power consumers and for the farmers’
purchase of fertilizers. Administration critics said these subsidies
are of doubtful legality because these were not included in the 2008
national budget. Well, her critics can cry all they want but they
can do nothing to stop the executive department from showing that it
now has the power of the purse. Definitely, it is no longer
Congress, or it would not be crying for funds for these laws.
Most of these 46 laws are not the
run-of-the-mill type. They were conceived to right a wrong, to
enhance a right, or to strengthen a vital sector or government
service. Take for instance Republic Act 7696, the oldest of these
unfunded laws. In what was a meaningful gesture, President Fidel
Ramos signed this law on April 9, 1994, while the nation was
celebrating Araw ng Kagitingan—and for good reason. This law seeks
to give aging veterans added benefits to enjoy in the twilight of
their years. The upgrading of their pension and the grant of
additional benefits could not adequately recompense these brave
veterans for what they had given to the country.
Good intentions not enough
Yet, for all its good intentions, RA 7696 is
seldom funded. Every fiscal year, veterans have to lobby for the
grant of the upgraded pension and added benefits the law has
promised them. Sometimes, they get funds but always, not as the law
intended. The veterans still have to receive P4.15 billion in
old-age pension, P278 million in death pension, and P22.98 billion
in total administrative disability pension.
Another noteworthy law that has gone to the
dumps for lack of funds is RA 9003 or the Ecological Solid Waste
Management Act of 2000, authored by Sen. Loren Legarda. The law,
hailed as one of the best products of the 11th Congress, is supposed
to receive P20 million a year for its implementation. Sadly, it
still has to receive a single centavo. Wonder no more why there are
still 826 open dumpsites all over the country even if RA 9003 set a
Feb. 17, 2007 deadline for their closure.
Our lawmakers had foreseen the squeeze that the
agriculture sector could get into with the advent of the World Trade
Organization and the free trade regime. Thus, they focused on
strengthening food security, poverty alleviation and global
competitiveness by passing the Agriculture and Fisheries
Modernization Act of 1997. It had a funding deficiency of P46.39
billion and the modernization program has been overtaken by the
increase in the world price of food, particularly rice.
Who to blame?
Sen. Juan Ponce Enrile, chairman of the Senate
Committee on Finance, says that lawmakers cannot escape blame for
these unfunded laws because they were enacted without identifying
their fund sources. This may be true, but I also know that funds
even for laws with definite sources of funding still are not
released by Malacañang. Take for instance the share of health
services from Republic 9337 or the Expanded Value-Added Tax Law.
Section 21 of the law, an amendment introduced by Sen. Pia Cayetano,
states that 10 percent of the incremental revenues should go to
health services. From the P18-billion windfall from EVAT on
petroleum, health services should have received P180 million. Yet,
this provision of the law has remained unimplemented since 2005.
I could understand the dilemma of funding when
there is a huge budget deficit, as has been experienced until 2005.
But with revenues coming in torrents because of VAT, it is almost a
crime to allow well-crafted laws to remain unfunded.
Favoritism in disaster aid?
Sen. Bong Revilla has harsh words for the
National Disaster Control Council after visiting Iloilo, one of
those that suffered the worst damage from Typhoon Frank.
He gathered from Gov. Neil Tupaz and Mayor Gerry
Trenas of Iloilo City that the NDCC provided a “measly” 250
packs of relief goods which consist of three kilos of rice, seven
cans of corned beef and seven cans of sardines each, for Iloilo
City, and 1,000 sacks of rice for the whole Iloilo province. He said
that considering the extent of destruction in the heavily populated
Iloilo City and Iloilo province, the food assistance is definitely
insufficient. Iloilo City has a population of about 400,000 and
Iloilo province, more than 1.5 million.
The Iloilo Provincial Disaster Coordinating
Council said around P500 million worth of infrastructure was
destroyed in 432 barangays in the province. It did not mention the
destruction in agricultural crops. The province has been placed
under a state of calamity.
efrendanao2003@yahoo.com
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