Lawyers’ group wants SC to stop TRAIN law

The National Union of Peoples Lawyers (NUPL) petitioned the Supreme Court (SC) on Tuesday to stop the implementation the Tax Reform for Acceleration and Inclusion (TRAIN) law.

In a reiteration filed by NUPL chairman Neri Colmenares—the third petition filed so far against the Duterte administration’s tax reform law—the union of lawyers claimed that TRAIN is unconstitutional.

The lawyers prayed that “... the Honorable Court strike down as unconstitutional the Tax Reform for Advancement and Inclusion Law for having been ratified by the House of Representatives and enacted by the President in violation of the 1987 Constitution and the Rules of the House of Representatives.”

The TRAIN law was approved by the House of Representatives supposedly despite the absence of quorum.

President Rodrigo Duterte signed the first package of the TRAIN law on December 19. It reduced the personal income tax and expanded the value-added tax (VAT) base.

“Without a quorum AND without a vote, the Respondent House leaders have no power at all to have a bill ratified then send the same to the President for his signature,” the petition read.

“The absence of a quorum and a vote are facts pointing to prima facie grave abuse of discretion which Respondents attempt to throw a veil over,” it said.

The petitioners cited records which showed that the proposed tax reform law was passed despite the objection raised by ACT Party-list Representative Antonio Tinio, which was not heard during the session.

“We now have, as was presented in the Petition, recordings which are aural and visual depictions of events and acts which are further streamed live, unedited, and unabridged over the Internet, publicly available and accessible there and in the archives of Congress until the end of time—surely more lasting and reliable ‘public memorials of the most permanent character’ than journals,” the petition read.

“And, as in this case, such videos speak for themselves, quite literally, as to the real state of facts.”

Named respondents to the petition were President Rodrigo Duterte, former House of Representatives Speaker Pantaleon Alvarez, Deputy Speaker Raneo Abu, Majority Leader Rodolfo Fariñas, and Deputy Majority Leader Arthur Defensor Jr.

GMA News Online has contacted Alvarez and Farinas to comment on the matter, but no response has been received as of this posting.

This is the third petition filed so far against the TRAIN, following the petition filed by Laban Konsyumer Inc. in January.

The petition specifically slammed the imposition of excise taxes on petroleum products and coal, saying the law “will further beset those belonging to the low income and poor families whose resources are extremely finite for their subsistence.”

Three militant congressmen also asked the SC to stop the implementation of TRAIN, arguing that its enactment skirted the Constitution.

Representatives Antonio Tinio of ACT Teachers party-list, Carlos Zarate of Bayan Muna, and Ariel Casilao of Anakpawis claimed that the Tax Reform for Acceleration and Inclusion (TRAIN) law or Republic Act 10963 should be declared unconstitutional for having been ratified by the House of Representatives and enacted by President Rodrigo Duterte in violation of the 1987 Constitution and the Rules of the House.

During his State of the Nation Address (SONA) on Monday, Duterte rejected suggestions to put on hold the TRAIN law and claimed it is needed for inclusive economic growth.

“Some have incorrectly blamed our efforts towards a fairer tax system for all the price increases in the past months, and some irresponsibly suggesting to stop TRAIN implementation. We cannot, and should not,” he said. —VDS, GMA News