Palace respects senators’ plan to reverse EO 128

MANILA – Malacañang on Tuesday said it respects the plan of some senators to overturn President Rodrigo Duterte’s decision to temporarily reduce the tariff rates on imported pork products.

This, after Senate Minority Leader Franklin Drilon, Senators Cynthia Villar and Francis Pangilinan expressed their intent to revoke Duterte’s Executive Order (EO) 128 through a joint resolution of Congress.

In a press statement, Presidential Spokesperson Harry Roque acknowledged that Congress has the legislative power to reverse EO 128.

“In the event that our lawmakers decide to reverse EO No. 128 lowering the tariff on imported pork, such action is within the legislative power of our lawmakers. EO No. 128 lowering the tariff of imported pork is only a delegated power given by Congress to the President to impose tariff rates, imports or exports,” he said.

EO 128, inked by Duterte on April 7, reduced the tariff rate on pork imports within the minimum access volume (MAV) to 5 percent for the first three months upon the effectivity of the order and to 10 percent for the next nine months from the current rate of 30 percent.

Under EO 128, pork imports outside MAV were also reduced with a lower tariff of 15 percent for the first three months and 20 percent for the succeeding nine months from the current rate of 40 percent.

Drilon said he, along with Villar and Pangilinan, would file a joint resolution to revoke EO 128 and provide for the appropriate tariff and minimum access volume of pork importation.

Drilon noted that Section 1608(f) of Republic Act 10863 or the Customs Modernization and Tariff Act states that “the power herein delegated to the President may be withdrawn or terminated by Congress through a joint resolution.”

Citing paragraph 2, Section 28, Article 6 of the 1987 Constitution, Roque said Congress may, by law, impose limitations on or reverse Duterte’s decision to lower tariff rates on imported pork products.

Roque, however, said Duterte can still exercise his veto power, in case he raises objection to certain provisions in the tariff bill.

“Further, should Congress pass another bill changing the tariff on imported pork, the President may veto any particular item or items in such appropriation, revenue, or tariff bill,” he said.

Roque, nevertheless, said the executive and the legislative branches can work together to protect the interest of hog raisers and consumers.