Farmers file petition vs. EO lowering tariff for rice

Farmers' groups on Thursday filed a petition asking the Supreme Court (SC) to declare as unconstitutional an executive order (EO) lowering the tariff on imported rice and other products.

In a 27-page petition for certiorari, petitioners Samahang Industriya ng Agrikultura (SINAG), the Federation of Free Farmers (FFF), the United Broiler Raisers Association, the Sorosoro Ibaba Development Cooperative, and former Magsasaka Party-list representative Argel Cabatbat asked the High Court to issue a temporary restraining order to restrain the implementation of EO 62.

They also asked the high court to declare null and avoid as well as unconstitutional the entire order.

The respondents in the petition are President Ferdinand Marcos Jr., Executive Secretary Lucas Bersamin, National Economic and Development Authority (NEDA) Secretary Arsenio Balisacan, and Tariff Commission Chairperson Marilou Mendoza.

“We do not question the delegated power of the president to issue EO in so far as tariff is concerned, but the exercise in the issuance of the EO 62 is illegal, invalid, and unconstitutional dahil walang naganap na investigation required mismo ng batas,” Atty. Virgie Lacsa Suarez, the legal counsel, said in an interview.

When sought for comment, Balisacan said they are waiting for a copy of the petition.

“Please be assured that NEDA, through the Office of the Solicitor General, will respond appropriately in due course,” he said in a statement.

Under EO 62, signed by Marcos in June, the tariff rates for rice decreased to 15% from the previous 35%.

Due to this, the price of imported rice may decrease by P6 to P7, according to the Department of Agriculture.

Pleading

In their pleading, the petitioners argued that the order violates the conditions set in the Flexible Clause of Republic Act 10863 or the Customs Modernization and Tariff Act, which they said makes its issuance invalid and the tantamount to undue delegation of legislative powers.

They argued that they were not informed that the Tariff Commission conducted hearings or investigations to lower the tariff of rice and other agricultural products.

“The delegated power of the President to issue EO on matters of tariff, specially that involves reduction of tariff is limited and conditioned by the procedure mentioned in the Flexible Clause of RA 10863 and the very procedure promulgated by the Tariff Commission,” the petition read.

“For violating such limitations and conditions, sans compliance with due process, the EO 62 must be declared invalidly issued,” it later added.

The petitioners further argued that the order makes the country’s economy dependent on importation, saying that this is against the state policy to develop a self-reliant and independent national economy.

They also said that it violates the government’s mandate to protect farmers from unfair trade practices.

“The issuance of EO 62 does not make our farmers more competitive; rather it is a threat to our farmers and fishers and to the entire economy. Instead of protecting and supporting our farmers, EO 62 exposes our very own food producers to unfair foreign competition,” the petition read.

Meanwhile, when asked about the periodic review of rice tariffs, FFF chairman Leonardo Montemayor said that they are not sure if the review would reinstate the original tariff rate.

“By that time, syempre, bagsak na ‘yung presyo ng palay. At saka hindi tayo nakakasiguro, hindi nakakasiguro that the review will result in a, ibalik ‘yung tariff rate,” Montemayor said.

(By that time, the prices had already dropped. And we are not sure that the review will bring back the tariff rate.)

Meanwhile, Cabatbat expressed worry about the conditions of farmers.

“Kung babagsak pa ulit lalo ang presyo... ng palay, tapos bubuhos na naman ang dami ng imported na bigas, ang kinakatakot natin baka mag increase na naman ang suicide rates ng mga magsasaka,” Cabatbat said.

(If rice prices will drop and imports will increase, the suicide rates of farmers may increase again.)  

Balisacan previously said that the decision to reduce tariff rates was “not made lightly” and that the government would continue to support farmers. — RSJ/RF, GMA Integrated News