The current trend of the government in addressing the multitude of problems besetting our nation is predictable, redundant and ultimately, highly ineffecicacious.
Take for example, the high cost of electricity rates ( we currently have the second highest power rates in Asia, next to Japan, which is a highly industrialized, First World country). To top it off, oil prices have been increasing at breakneck speed. What is the initial action of the people who decide for us? They propose amendments to the Electric Power Industry Reform Act (Rep. Act 9136 or EPIRA). They deliberate on passing a law to reduce the VAT (value-added tax) on oil from 12% to 2%, even to scrap it altogether. Usually, when things head towards a downward spiral, our government officials feel that something must be wrong with the laws and the system in itself. Thus, they change the rules.
That is their immediate reaction which I believe is hasty and at the same time, can do more harm than good. Before doing so, they must see the repercussions of such in the long term. It may alleviate the problem for a certain period, but attacking it head-on might not provide the lasting solution. Furthermore, did it not occur to them that every problem is multi-faceted? I will make the explanation simpler through a metaphor. Supposing you have an oven toaster that is broken. First thing that comes to mind is that there might be a part that needs to be replaced, it is old and rusty anyway. Second would be that someone misused it. But then upon further examination, you found out that the connection wire had blown because the person who previously operated it in your home (who until now would not own up when you asked all your family members), unthinkingly, plugged it in a 110 voltage instead of the prescribed 220. Naturally, it got broken.
From that we could see that when something goes wrong, there are three things to consider as the root cause of it: One, maybe there is a flaw in the system or design in itself from the onset, the manufacturer may be to blame, taking the example above. Second, instructions on the usage was not followed correctly, causing its defect. Final and most important is that misuse of the object might be the cause the problem in the system. The first two takes design flaw and misuse separately, while the third shows that a link between these two caused the problem, ultimately showing that for an issue not to surface, system and its implementation must both be effective and carried out in harmony.
Applying this in our current situation, our lawmakers always go with theory one, which is that there is a problem with the laws and the system in itself, which is we have been experiencing increasing electricity costs and oil prices. Thus, they push for a change in the laws as what is happening right now. But, this move has largely been opposed by the Joint Foreign Commerce Chamber of the Philippines (JFCCP), citing the probability of a decrease in investor faith in the stability of our government policies, which we are in desperate need right now considering the hard times. They called for a looking into the ineffectual implementation of the law as the cause.
I agree with JFCCP on the point that the implementation of the law must be scrutinized. But unlike them who believe that the EPIRA must remain untouched, for me, that is a case yet to be determined. Effectivity of the implementation of the law also stems from the beauty of how it is crafted. Take for example, CARP. The law in itself was enacted for the great purpose of helping many of our Filipino brothers in the agricultural sector. But its implementation was not done properly due to not only the corruption in our government, but a design flaw in the law itself, that the big-time San Miguel Corporation had availed of to wrest control of parcels of land in Mindanao for many years. This is the same case as with the EPIRA and the VAT on oil issues. They have not served their purpose due to a wrong implementation that was given way due to a flaw in the law in itself. As in the above illustration, the wrong use of the toaster effected a defect in the system. In the same manner, the wrong implementation or use of the laws such as the EPIRA and the VAT, causing the surge in electricity and oil prices, caused the deficiencies of such enactments. Perhaps if these laws are properly enacted in their essence, then the laws would be considered sufficient and effective.
In every issue, one must not only look into the laws or rules that are included or their implementation to find out the causes of problems. These two must be scrutinized hand in hand. The government always thinks whenever anything goes wrong, the rules must be changed to suit the players and the playing field. That is a lazy and unwarranted move that can do more harm than good. New problems would enter the picture if this be continued to be done in such a manner. Nothing has changed, you might have solved some issues, still the problems are there. Either way, Filipinos would continue to suffer. I believe, it is time to change that cycle, don’t you agree?
Filed under: Issues and the Law
