Malacañang says ‘endo’ up to Congress
By Arjay L. Balinbin
Malacañang On Monday, April 2, said it is leaving the proposed total ban on labor contractualization to Congress, since President Rodrigo R. Duterte’s planned executive order (EO) can only be limited to “strict implementation of the existing laws.”
“That draft EO has been under study in our office for quite some time. The main problem there is iyong mga gustong mangyari ay (what the labor groups want to happen is) something that the executive department is not empowered to do,” Senior Deputy Executive Secretary Menardo I. Guevarra said in a press briefing at the Palace.
“Kailangan ng legislative action talaga (is really needed), because (that is the) Labor Code iyan eh. The provisions against contractualization (are there). So, if you want something like a total ban on contractualization, you need a law to repeal or amend (those) particular provisions of the Labor Code,” he added.
Mr. Guevarra explained that an executive order is meant only to supplement… or to give the implementing details of what the law provides.
The President’s EO, Mr. Guevarra also said, cannot add nor subtract or substantially alter what the law provides.
“That’s really more for Congress to do. So, I hope you will understand the limitations of an executive order.”
Asked whether there is a slim chance for the President to issue his promised EO, Mr. Guevarra said: “There’s a slim chance, but not really on the substantive side of it. It’s really more on strictly enforcing the existing provisions of the law.”
Mr. Guevarra said there are three drafts currently being studied by the executive department.
“(There is) one draft [from labor group], there’s also another draft coming from the Department of Labor and Employment and our own draft, the draft of the Office of the President. We are trying to, you know, harmonize all of these, putting all useful proposals together in one EO.”
Asked how different the President’s EO will be from DoLE’s department orders on strict compliance with the Labor Code, Mr. Guevarra said: “Not much. Kasi nga iyong sa (Because again, as for the) substantial provisions, they can’t do much about it. They can only do something about implementation, strict implementation of what we already have.”
He stressed that there is “no death sentence” yet on what the labor groups have been advocating. “The executive (department) can make that, you know, an initiative-can have the initiative in making that proposal and pushing for it in Congress.”
NO COORDINATION YET WITH CONGRESS
Whether the executive department has already spoken with the congressional leaders on how to deal with the issues on contractualization, the Palace official said: “Not yet as of this time.”
“Wala pa namang mga ganoon… (There is no) coordination with the legislative department [yet]. We are still trying to do our best to come up with an executive order that can be acceptable to the labor sector.”
“If the labor sector will be unhappy with the President’s EO, then that’s the time that we’ll probably do our consultations with Congress,” Mr. Guevarra added.
Last month, the labor department said “it has no timetable” for the President’s signing of the EO on contractualization.
“The President said he will have it (the draft EO) studied first so no deadline has been set,” Labor Undersecretary Jacinto V. Paras said in a press conference on March 16.