By Minde Nyl R. Dela Cruz

CONGRESSMEN opposed to what they criticized as the “invalid” and “phantom” ratification of the Tax Reform for Acceleration and Inclusion (TRAIN) plan to challenge this ratification before the Supreme Court.

“All options are on the table. Including the legal, ’yung pagtakbo sa (on going to the) Supreme Court,” ACT Teachers Rep. Antonio L. Tinio said in an interview with reporters on Thursday, Dec. 14.

For his part, Bayan Muna party-list Rep. Carlos Isagani T. Zarate said of the ratified measure, which has drawn keen interest among taxpayers: “But more importantly, dalhin ito sa mamamayan (let’s bring this to the citizenry). Sa tingin namin ’yun naman ang importante: malaman ng mamamayan kung paano niraratsada ang mga batas dito (We think that’s what’s important: for the people to know how laws are rushed here).”

The House ratified the TRAIN on Wednesday night before its adjournment at 10:05 p.m. Deputy Speaker Raneo E. Abu presided over the plenary while Iloilo Rep. Arthur R. Defensor Jr. acted as Majority Floor Leader.

“Habang paulit-ulit na nag-o-object tayo, dahil malinaw na walang tao — walang tao sa floor, wala pa yatang 10 ’yung nasa floor — nag-object tayo, hindi tayo ni-recognize ng presiding officer tapos sinabi nila ‘There being no objection, the bicameral report for the TRAIN is hereby approved,’” Mr. Tinio recounted.

(While we were repeatedly objecting, because clearly, there was nobody — nobody on the floor, barely 10 people were on the floor — we objected, we were not recognized by the presiding officer, and then they said, “There being no objection, the bicameral report for the TRAIN is hereby approved.”)

Mr. Tinio said this violated Rule X, Section 63 of the Rules of the House of Representatives that “(a) conference committee report shall be ratified by a majority vote of the Members of the House present, there being a quorum.”

“Alam din namin na wala nang tao kaya ang iniisip namin, paano pa mara-ratify ito ngayong nag-alisan na ang karamihan?” Mr. Tinio said in part. (We know that no one is present so we were thinking, how can we ratify it now that the majority have already left?)

The party-list lawmaker said his colleagues were at the Christmas party of the Partido Demokratiko Pilipino-Lakas ng Bayan (PDP-Laban).

‘PHANTOM REPORT’
Mr. Zarate said Mr. Abu moved to have the bicameral conference report ratified but he held no copy of the report. “Last night, they ratified a phantom bicam report, dahil walang dinistribute sa floor kahit na ano lang sana, semblance na ’yung mga naiwan sa floor, binigyan nila ng bicam report, wala.”

(Last night, they ratified a phantom bicam report because they did not distribute anything to the floor, not even a semblance for the ones remaining at the floor, they did not provide us the bicam report. Nothing.)

Anakpawis party-list Rep. Ariel B. Casilao said the House leadership can easily call for a special session specifically for the purpose of ratifying the TRAIN with enough members on the floor.

“Until (Dec.) 15 pa naman kami and they have the numbers,” Mr. Casilao said. (We have until Dec. 15 and they have the numbers.)

Sought for comment, Rep. Dakila Carlo E. Cua said in an interview with BusinessWorld: “Wala kasi ako doon, so I really cannot…comment, but my take lang is…ulitin natin ’yung ratification kung sa tingin niyang insufficient. We can always do it again.” (I wasn’t there,…but my take is…let’s repeat the ratification if [they] think it’s insufficient. We can always do it again.)

Also sought for comment, Mr. Abu insisted that “everything was done in order.”

“Everything was in order… It was properly moved by the majority leader and as far as we know, ginawa natin kung ano ’yung nasa proseso (we did what was according to procedure),” he said in a phone interview.

Mr. Abu noted the number of members present during the roll call and with 232 members registered in the attendance, he maintained there was a quorum.

“Ang tinitingnan lagi naman diyan eh ’yung quorum before mag-start ng session at… ’yun ang aming pinapanindigang bilang sa pagpo-proseso ng trabaho namin, kung sino yung nag-respond sa roll call namin,” Mr. Abu said.

(What we’re looking at is the quorum before the start of the session and… that’s what we go by, those who responded to the roll call.)

For his part, Majority Floor Leader Rodolfo C. Fariñas said he was not present because he had to leave early due to an emergency. “In fact, I did not go to the PDP-Laban (Christmas party) either,” he said in a text message to the media.

“If any member is contesting the report of the presiding officer and the floor leaders about the proceedings leading to the ratification of the BiCam Committee Report on the TRAIN, such member could bring it to the attention of Plenary or, if not contented, to the courts,” Mr. Fariñas also said.

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