SC asks Marcos, others to comment on petition vs. EO lowering rice tariff

The Supreme Court has required President Ferdinand Marcos Jr. and other officials to comment on the petition seeking to declare as unconstitutional an executive order (EO) lowering the tariff on imported rice and other products.

The petition asked the High Court to issue a temporary restraining order against implementation of EO 62, which lowered tariff rates for rice to 15% from the previous 35%.

“The Court, without giving due course to the petition and prayer for TRO, required the respondents to file their comment within a non-extendible period of 10 days from notice,” SC spokesperson Atty. Camille Sue Ting said in a press briefing.

Aside from Marcos, other respondents in the petition are Executive Secretary Lucas Bersamin, National Economic and Development Authority Secretary Arsenio Balisacan, and Tariff Commission Chairperson Marilou Mendoza.

When sought for comment, Solicitor General Menardo Guevarra said they are already studying the legal issues involved.

Guevarra said the Office of the Solicitor General (OSG) has received a copy of the petition but not the resolution requiring their comment.

“We do not know whether the SC will issue a TRO or not in the days to come…. As far as the government is concerned, however, the EO will be implemented unless temporarily restrained by the SC,” he told reporters.

The OSG represents government agencies and instrumentalities and its officials and agents in any proceedings, investigation, or matter requiring the service of lawyers.

The petition was filed by the 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.

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 also 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.

Due to the EO, the price of imported rice may decrease by P6 to P7, according to the Department of Agriculture.—AOL/RSJ, GMA Integrated News