Solon laments crafting of IRR modified intention of laws

Senator Francis Tolentino on Monday lamented the crafting of Implementing Rules and Regulation issued by administrative agencies has modified the intentions of laws enacted in Congress.

Tolentino asked the Bureau of Internal Revenue whether it could implement the mentioned measure without the IRR.

“A lot of our laws have been modified, reconfigured, mutated by IRR. There is only one lawmaking body— the Congress of the Philippines. Is the BIR ready to implement a law without IRR coming from your part?” he asked BOR officials during the deliberation of the proposed Passive Income and Financial Intermediary Taxation Act or PIFITA in the Senate Committee on Ways and Means.

The BIR officials affirmed that it can implement PIFITA without the IRR.

“If it is so stated by the legislative, then it can implemented,” BIR representative, Lawyer Nelsie Arcolas, explained.

The senator's sentiments came from numerous cases wherein the IRR of certain laws such as the Milk Code, deviated from the law’s intent.

“It would be clear that the intent of the Congress is to have an air-tight law and have it implemented without delegating it into an administrative agency similar to BIR the power to modify and to enact regulations which would sometimes would be contrary to law,” he stressed.

Tolentino also noted the Senate passed the Anti-Agricultural Economic Sabotage Act as self-executory, “to realize the goal of IRRs deviating from enacted laws.”

The last provision of the said act states that “This Act is self-executory and shall take effect 15 days after its publication in the Official Gazette or in a newspaper of general circulation, without the need for the issuance of implementing rules and regulations.”