The 16th Congress – Did our tax money go to waste?

When a friend asked me over coffee to rate the performance of the present Congress, my immediate reply was “Is there anything to rate?” But thinking over again, how should we really evaluate the performance of our Honorable Senators and Congressmen of the Sixteenth Congress? It was published that the latest approval and trust ratings of both houses of congress dropped near the 30 percent mark, but this public perception may have been influenced by the PDAF investigation that hugged the limelight for more than a year now.

Since the general power of Congress is to enact laws, it might be more objective to rate Congress on the basis of the laws passed since the start of the 16th Congress on July 22, 2013. So I did my own research and here is what I found. The first Republic Act from the 16th Congress is RA 10632, approved on October 3, 2013, postponing the Sangguniang Kabataan elections, while the latest law is RA 10644, also known as the Go Negosyo Act, which was approved on July 15, 2014. It appears therefore that our 24 senators and 294 representatives, with billions of pesos in budget including PDAF and DAP allocations before these were declared unconstitutional (although some argue that the PDAF was only hidden somewhere in the budget), passed only thirteen (13) measures signed into law more than a year since it convened. What rating would you give Congress then?

If my figures are accurate, these 13 Republic Acts may be the most expensive laws to enact if we consider the taxpayers’ money spent on Congress for the past year. Maybe, we could save a lot if there is a way we could temporarily suspend Congress even for just a year. Or could it be that the performance of the legislature should not be judged by the quantity of laws passed but by their quality and significance?

For your perusal, I listed the other eleven laws, to wit: RA 10633 – General Appropriations Act for FY 2014; RA 10634 – Supplemental Budget for 2013; RA 10635 – An Act establishing MARINA as the single maritime administration for the implementation of the 1978 International Convention on Seafarers; RA 10636 – Granting Philippine citizenship to NBA player Andray Blatche; RA 10637– Franchise of the Cotabato Light and Power Company; RA 10638 – Extending the corporate life of Philippine National Railway; RA 10639 – Free Mobile Disaster Alerts Act; RA 10640- Amending Section 21 of the Dangerous Drugs Act; RA 10641– Allowing Foreign ownership of domestic banks; RA 10642 – Lemon Law; and RA 10643 – Graphic Health warnings on Tobacco products. Except for the Lemon Law, the list does not include the more significant priority bills announced by the palace in September last year, such as the FOI measure, Amendment of PD 1638 for retired soldiers, Amendment of the Build-Operate Transfer Law, Sandiganbayan Law, Bangko Sentral Charter, and Civil Service Reform Act, among others. Apparently, the naturalization of a basketball player was even made more significant, although this could mean a lot to this basketball-loving nation. Impressive performance or sanamagan?

Is Congress still functioning the way it should? I guess more Filipinos would now think that the job of a senator is not to legislate but to investigate and let the people know the “truth,” real or not. It does not matter anymore if the legislator never authored a sensible law for as long as he performed so well in eliciting an accusation from a whistleblower. Is this not for the Department of Justice or the Ombudsman or the Courts to determine? I understand that among the powers of Congress is to conduct investigations in aid of legislation, although for political enemies, it appears like “legislation in aid of investigation” where a legislative process is used in furtherance of an investigation to show criminal guilt, hence, the usual requests for witness protection in anticipation of prosecution. To a grandstanding politician, it could be an “investigation in aid of re-election” considering the full TV coverage of course. But what exactly are investigations in aid of legislation?

Section 21 article VI of the constitution provides: “The senate or the house of representatives or any of its respective committees may conduct inquiries in aid of legislation in accordance with its duly published rules of procedure...” Law and jurisprudence tell us that inquiries in aid of legislation must be conducted in furtherance of a contemplated legislation. It cannot be used as a tool to probe possible violations of laws where this is no intended legislation involved (Bengzon vs. Senate Blue Ribbon Committee). “Considering the nature and purpose of inquiries in aid of legislation therefore, it is quite evident that Congress merely exercises the same in so far as it can help Congress perform its duty to propose, enact, amend and repeal laws. It does not in any way grant Congress the power and authority to determine guilt, adjudicate opposing contentions, or hear and decide justiciable cases... functions which are within the province of the judiciary.” (Standard Chartered Bank vs. Senate Committee on Banks).

Why not let the Ombudsman do its job in determining culpability for an over-priced world-class building? Is it among the priority bills of this administration to amend the Plunder Law or the Anti-Graft Act? Or is it a priority strategy for the presidential elections in 2016? I think something is wrong with the priorities of the Sixteenth Congress.

My dad, the late Maximo V. Soliven, would always say, “Tama na, enough drama already.” Don’t you think these telenobelas, talk-fest, legal nitpicking, finger pointing, and unearthing of proofs and evidences have gone long enough? It is time to wind up these endless and unfruitful investigations. Congress is not the Detective Bureau. It is not the brief of our solons to get to the bottom of any plot or conspiracy, or extract from witnesses who is behind these alleged anomalous acts. There is still time Honorable Senators and Congressmen. Legislate more than investigate.  Juan dela Cruz deserves the legislator he voted for in 2013. This time, he is watching.