BACOLOD CITY, Philippines – Party-list group 1-United Transport Koalition (1-UTAK) led transport groups and several organizations here in filing a petition Thursday seeking to nullify the Oil Deregulation Law.
1-UTAK national chairman Vigor Mendoza II and transport leaders Melencio Vargas, Orlando Marquez, Teddy Macainan, Zenaida Maranan, Obet Martin, Maning Duran, Efren de la Luna, Brent Sayasa and Elizabeth Katalbas filed the petition before the Bacolod City Prosecutor’s Office in seeking the nullification of Republic Act 8479 or the Downstream Oil Deregulation Law of 1997.
They argued for the need to declare RA 8479 unconstitutional because the law was vague and therefore must be considered void.
“There is a need to declare the whole RA 8479 unconstitutional for its failure to define and set guidelines for the determination of a ‘fair price’,” the petition read.
They said the regime of fair prices is primordial in RA 8479, but nowhere in the law was it stated what is a “fair price.”
This leaves the public in a quandary as to its definition under the purview of the Oil Deregulation Law, the petition added.
Because of its incompleteness or undue delegation of authority, Mendoza said the law can be declared null and void.
Even the government is confused as to what the price of fuel should be, Mendoza said.
He cited the case of the National Economic and Development Authority (NEDA) and the Department of Energy (DOE) that came up with different computations.
If there are parameters set, Mendoza said the oil companies will have to comply, otherwise it would be violating the law.
Mendoza also pointed out the DOE has no authority to determine what is “fair pricing” since it is Congress that was given the power to declare so.
Mendoza said they filed the petition in Bacolod because the prices of fuel are highest in Western and Central Visayas.
He said the filing of the petition is just the first step of a series they will be taking until they are able to attain their objective.
Pasang Masda national president Roberto Martin supported the move of Mendoza, while Orlando Marquez, Liga ng Transportasyon at Operators sa Pilipinas, Inc. national president, said they are asking for the support of the public in their fight.
Martin said they are thankful to President Aquino for issuing a directive to his Cabinet to review the Oil Deregulation Law.
On other hand, United Negros Drivers Operators Center (UNDOC) secretary-general Jesse Ortega said they do not believe the petition would succeed in nullifying RA 8479.
Ortega said the Supreme Court had already declared the law constitutional.
He said only Congress can repeal or amend RA 8479 since it is the body that passed the law.