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PRESIDENT Arroyo is preparing to call a meeting that
will have the judiciary, executive and legislature
poring over the problem of how to harmonize laws and
regulations with the situation obtaining on the ground
so as to help improve the business climate.
Questions such as, “Is the action of the court and the
pace of court action on big government projects tied up
in litigation so that investors are discouraged?” would
be on the agenda.
The body
will be similar to the Legislative-Executive Development
Advisory Council (Ledac). Mrs. Arroyo has ordered the
solicitor general to review whether a law is needed to
set up a “Legislative-Executive-Judiciary Advisory
Council” and make other necessary legal preparations.
Solicitor General Agnes Devanadera reported that the
President’s directive also included instructions for her
to plan the first meeting, to be held “most likely in
September.”
The
Chief Executive had a dialogue with the leaders of local
and foreign business chambers and key business groups in
Malacañang on Friday, and it was possible the idea for
such a body, which has long been on her mind, according
to Devanadera, finally ripened.
She said
the President has obtained Chief Justice Reynato Puno’s
consent for such a council. “Apparently, it has always
been in her mind already. Because she was saying, ‘Just
like Ledac, I have thought of really coming up with
something [like it].’”
“So the
President announced at the dialogue there that there
will be something like the Ledac, a
legislative-executive and judiciary advisory Council.
She ordered me to prepare for the first meeting of the ‘Lejac’.”
Devanadera said she needs to find out if the body would
have to be created by law, considering that it would
involve different branches of government.
She said
for the first “Lejac” meeting, it is possible that among
the topics is the “action of the court and the pace of
court action” on big government projects tied up in
litigation.
“We can
talk about the expropriation on the road right of way
because [in] SLEX [South Luzon Expressway] for example.
. .They cannot implement [connect it to the Star Tollway
going to Batangas port] because of the writ of
possession.”
She said
the primary aim is to discuss the “interrelationship (of
laws and court decisions) and the effects of decisions,
let’s say, of the court . . . . The court may say that
the reasons why we have this kind of decision is because
the law that you have enacted does not give us some
other [choice].”
Devanadera cited the case of the Banilad Friars Land
Estate in the First District of Cebu City, where the
Supreme Court ruled that “all lands should revert to the
government,” but this did not happen because of a
technicality provided by a law “that requires that some
documents must be signed by the Cabinet secretary,” or
the Secretary of the Interior.
“Unfortunately, the land title [did not have the
required signature] so Congress passed a law to cure
that defect of an existing law. Things like that.”
Also,
during the dialogue, the President asked Devanadera to
report about the government’s victory against German
firm Fraport AG at the International Center for
Settlement of Investment Disputes (Icsid) of the World
Bank in Washington, where the WB investment referee
junked the claims of Fraport for the return of its
$425-million investment in the controversial Ninoy
Aquino International Airport Terminal 3.
This
drew a lot of reaction developing into a discussion of
the foreign businessmen’s concerns about the antidummy
law.
“They’re
just concerned about how the antidummy law will have to
be complied with. There are legal theories but that was
fully discussed in the decision of Icsid.”
The
Chief Executive then stressed to the businessmen that
foreign investments are safe in the country for as long
as they comply with Philippine laws. “That was
reiterated by the President during her subsequent
meeting with the different chambers of commerce and the
international community.”
Devanadera said other topics included concerns about
power costs, and the growing “mismatch” between
Philippine graduates and the kind of jobs available in
the country. “There was a longer discussion on quality
manpower because we have an oversupply of what we don’t
need.”
She
added the peso was not discussed because at the time,
the “market was correcting itself” and the “businessmen
were very happy with the performance of our revenues.”
Other
officials at the meeting were Finance Secretary
Margarito Teves, Trade Secretary Peter Favila, Energy
Secretary Angelo Reyes and Bangko Sentral Governor
Amando Tetangco Jr. |
