MANILA, Philippines — Agricultural groups have filed grave misconduct and gross abuse of authority complaints against the chair of Tariff Commission (TC) and two other commissioners before the Office of the Ombudsman on Wednesday.
Based on their complaint, the groups filed administrative complaints, seeking the dismissal of TC chair Marilou Mendoza along with commissioners Ernesto Albano and Maricosa Paderon from government service.
According to Samahang Industriya ng Agrikultura (Sinag) legal counsel Virgie Lacsa Suarez, the commission committed “grave misconduct and gross abuse of authority when it miserably failed to conduct consultations, hearings, and investigation and proceeded to recommend the reduction of the rice tariff to 15 percent through Executive Order (EO) 62 which violates the limitations or conditions set forth in the flexible clause of Republic Act 10863 (Modernizing the Customs and Tariff Administration).”
READ: Why the rice tariff cut is dangerous
“EO 62 invoked the flexible clause of RA 10863, but it is the same law that the TC violated when EO 62 was hastily issued without the mandated due process,” added Suarez.
Aside from Sinag, the Federation of Free Farmers, United Broiler Raisers Association, and Magsasaka Partylist were among the complainants.
None for EO 62
The groups pointed out that all EOs, apart from EO 62, underwent consultations, investigations, and hearings.
“Specific hearing for each item was conducted, notices of hearings sent; and we, the complainants, were even asked to submit our respective positions,” Sinag chair Rosendo So said.
But under EO 62, the groups pointed out the following issues:
- There was no petition filed by any interested party
- There was no investigation conducted on any petition related to the modification of the tariff and the duration of its modification on rice, maize, and meat of swine.
- There were no findings and recommendations based on any Petition related to the modification of the tariff and the duration of its modification on rice, maize, and meat of swine presented by the Respondents to the National Economic and Development Authority (NEDA) Board.
- There was no Notice of Public Hearing issued concerning the modification of the tariff and the duration of its modification on rice, maize, and meat of swine.
- There was no investigation done under the Flexible Clause as the TC clearly states that it completes its investigation and submits its report of findings and recommendations to NEDA within thirty (30) days after the termination of the public hearing, and the last public hearing conducted by the TC was in October 2023., which was investigated that same year. It was eventually approved, and the extension of the tariff was issued under EO 50 s. 2023.
“In sum, there was never any proposal to reduce tariffs, specifically for rice to 15 percent up to 2028, which was divulged by the TC to stakeholders before the EO 62 was issued. There was never a single proposal or submission of any petition regarding rice,” the groups claimed.
INQUIRER.net sought the side of Mendoza, Albano, and Paderon through their office’s email, but they have yet to reply as of posting time.