Farmers groups yesterday asked the Supreme Court to declare as unconstitutional Executive Order (EO) No. 62 lowering the tariff on imported rice and other agricultural products.
In a petition for certiorari, 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 asked the SC to issue a temporary restraining order to stop the implementation of the EO which is set to take effect on July 7.
The petitioners also asked the High Court to declare the EO null and void as well as unconstitutional.
Virgie Lacsa Suarez, SINAG legal counsel said EO 62 was hastily issued sans the consultations, investigations, hearing, reports which are required by the flexible clause of Republic (RA) Act 10863 or the Customs Modernization and Tariffs Act.
“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 since no investigation took place as required by RA 10863,” she added.
The petitioners argued in the 27-page petition the delegated power of the President to issue such order on matters of tariff is limited and conditioned by the procedure mentioned in the flexible clause of RA 10863 and the procedure as laid down by the Tariff Commission, which includes the holding of investigations and hearings on the matter.
They said they were not informed by the Tariff Commission of any investigation or hearing conducted before the issuance of the assailed EO.
“The violation of the flexible clause in implementing EO 62 renders it unconstitutional and invalid,” they added.
The petitioners also argued the EO goes against the policy of the government of developing a self-reliant economy, and not one that is dependent on imports.
At the receiving end of the negative impact of the EO, they added, are the ordinary Filipino farmers.
“The issuance of EO 62 does not make our farmers more competitive; rather (the EO) 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,” they said.
Rosendo So, SINAG chair, said EO 62 would sound the death knell for the local agriculture sector.
“This is the reason why the agri groups are joining forces, guided by the common objective of saving and defending the local agriculture sector,” So said.
The EO signed by President Ferdinand Marcos Jr. last month lowered the tariff rates on imported rice and other agricultural products from 35 percent to 15 percent.
The Department of Agriculture said lower tariff will reduce the price of imported rice by P6 to P7 per kilo.
Earlier, National Economic and Development Authority Secretary Arsenio Balisacan said the decision to lower the tariffs on imported rice and other agricultural products was not made lightly and that government understands the concerns raised by farmers groups.
The NEDA Board said the reduction of rice tariffs was in line with Malacanang’s target to bring down the price of the basic staple of many Filipinos to P29 per kilo.
