Sen. Arroyo: Constitutional crisis looms over toll, rail fees

Senator Joker Arroyo. INQUIRER file photo

A constitutional crisis could result if Malacañang insists on enacting unpopular tax and budget measures that the Senate and the Supreme Court had already opposed.

Senator Joker Arroyo warned President Benigno Aquino III he would be courting embarrassment unless the Palace rethinks its position on the planned implementation of the 12-percent value-added tax (VAT) on toll on the North and South Luzon Expressways and the withdrawal of the government subsidy in the Metro Rail and Light Rail Transits (MRT-LRT).

He also said the President must take seriously the plan of court employees to wear black armbands in protest of the impending cut in the judiciary’s 2012 budget.

Thirteen senators so far have signed a resolution expressing their opposition to the impending imposition of a 12-percent VAT on toll fees on expressways.

They also warned that the withdrawal of the subsidy from the MRT and LRT would result in higher fares and would burden low paid commuters.

The signatories included Senate President Juan Ponce Enrile, Pro Tempore Jose “Jinggoy” Estrada, Majority Leader Vicente Sotto III, Minority Leader Alan Peter Cayetano, Pia Cayetano, Francis Escudero, Gregorio Honasan, Loren Legarda, Ferdinand Marcos Jr., Ralph Recto, Ramon Revilla Jr., Antonio Trillanes and Arroyo.

“Not only is it unhealthy,” Arroyo said of Malacañang’s insistence on the VAT despite the strong public objection.

“There might be a constitutional crisis in the sense that there is a fight between two co-equal branches, the judiciary and executive, or Congress and the executive.  When there are arguments or disputes…magkakaroon ng malisya (there would be malice) because of the conflict,” he said.

“The resolution indicates the sentiment of the Senate.  If we have an opinion and (Malacañang) dismisses it, what kind of a relationship is that? Patigasan, eh (Standing tough),” Arroyo said.

Arroyo, however, assured the public the situation would not mean the Senate would become more obstructionist in dealing with Palace-certified priority measures.

In the case of the court employees’ objection to the planned reduction of the judiciary’s 2012 budget to P13.396 billion, Arroyo said this was closely related to Malacañang’s move to collect all the savings of the Supreme Court and other constitutional bodies and lump  them under the Miscellaneous Personnel Benefit Fund (MPBF).

“The SC is warning that reducing its budget would be against the Constitution, because you can only increase but not decrease from the present budget.  Otherwise, there would be problems,” Arroyo said.

Arroyo earlier warned Malacañang and the Department of Budget and Management against insisting on a special provision to create the MPBF from the savings of the SC and constitutional bodies because it would only worsen an already volatile situation.