Many laws were created to alleviate the hardship of the majority of Filipinos who do not earn enough for their daily existence, yet these laws are not being realized due to spotty implementation and the lack of will.
A crucial law, the Magna Carta of the Poor, that seeks to remove the need for cash doles or “ayuda” through a mandated anti-poverty program has failed to move forward because of the lack of government interest.
A revised implementing rules and regulations (IRR) of Republic Act 11921 was promised at the end of last June, but nothing has been submitted to the Palace.
The National Anti-Poverty Commission (NAPC) was among the agencies tasked to come up with the revised rules to the law which was enacted way back in 2019. The first IRR of RA 11921 was signed in 2021.
According to Representative Rodante Marcoleta, one of the prime movers of the pivotal measure, the weakest link is oversight. The government should concentrate on the implementation of the law.
“We spent 15 years to have the Magna Carta of the Poor passed in Congress and signed into law. It failed to move forward because of the lack of an IRR,” he said.
The law provides that the National Economic and Development Authority, the Department of Social Welfare and Development, and the NAPC immediately complete the IRR.
Marcoleta said the initial IRR did not have a sunset provision or a detailed procedure for the eventual removal of aid to beneficiaries.
The law aims to uplift the poor, and at some point in their lives the marginalized should emerge from poverty.
“I honestly believe there is no person who would want to be poor forever and receive subsidies from the government,” according to the lawyer-legislator.
“An individual would want to reach a point where his family is freed from the shackles of poverty,” he said.
Under the Magna Carta, poor Filipinos are guaranteed government protection of their rights to food, medicine, shelter, education and decent jobs.
“The IRR should make it the duty of government agencies and officials to implement anti-poor programs,” Marcoleta said.
The proposal has encountered opposition since many in government do not want to focus their attention on responding to the needs of the poor.
“For instance, when a poor Filipino seeks help from a government official to buy medicines, the public servant must find a way to provide what is needed,” Marcoleta said.
Another still unrealized law that seeks to improve the welfare of the poor is the Universal Health Care Act which would provide free medical care to the poor.
What happened, however, is that even the P74-billion subsidy earmarked for those who cannot afford to pay for their PhilHealth coverage has been removed.
“The excuse was that PhilHealth has P600 billion in unused funds which is not true since the amount is a reserve fund. The law provides that PhilHealth should have ample reserves of something like for two years which is the state firm’s fiduciary responsibility,” according to Marcoleta.
PhilHealth’s members contributed to the fund and the government is not allowed to touch that even if it grows so big since it is the money of the contributors. If the fund has accumulated, it can only be used for the welfare of the members.
The law also requires an automatic appropriation to PhilHealth from the sin tax and the levy on beverages.
“So what happens to that requirement when you remove the subsidy of PhilHealth?” Marcoleta asked.
Questions have arisen about the government’s true intent in bypassing laws designed for structured assistance to the poor and replacing them with programs that distribute handouts for patronage.