20 New Laws: Media Credits Duterte and Downplays Role of Congress

LAW MAKING is no simple matter. The legislative process includes drafting the bill, which is then debated and amended by the members of the House of Representatives or the Senate. Once lawmakers are satisfied with the measure, they ratify it as law, which the president reviews and can either sign or veto. If the president fails to act on it within thirty days of submission to his office, the bill automatically becomes law.

President Rodrigo Duterte signed as many as twenty bills into law in the second half of February as some media reports pointed out, enumerating what these were about.

Most press reports did not provide information about who authored the bills nor named those who worked to sponsor and to argue for it through the different committees. Thus coverage tended to credit the president alone, failing to recognize the work of bills’ real authors.

The omission misleads those who are ignorant about the legislative process and the separation of responsibilities in government. Reports on the signing would tend to create the false perception that this is all the president’s work, rather than Congress.  Media then may be misleading the public, deliberately creating an image of a thoroughly active president who is engaged in all aspects of governance.

CMFR also observed the failure of media to examine the logistical and budgetary imperatives that have to be addressed once a bill becomes law. Without this kind of discussion, reports announcing Duterte’s signing on to 20 new laws work like puff journalism, without the significant information that will help citizens evaluate how well the administration is doing its job.

CMFR monitored the reporting of the newspapers Manila Bulletin, Philippine Daily Inquirer and The Philippine Star; primetime newscasts 24 Oras (GMA-7), Aksyon (TV5), News Night (CNN Philippines) and TV Patrol (ABS-CBN 2); as well as selected news websites from February 19 to 28, 2019.

Ignoring Congress Entirely

Media reports online on February 19, and in print and television on February 20, enumerated and highlighted some of the laws, including RA 11201 which creates the Department of Human Settlements and Urban Development; RA 11202 or the Mobile Number Portability Act which allows users to retain their mobile numbers even after switching telco providers. Later reports focused on the Social Security Act of 2018 (RA 11199), the Expanded Maternity Leave Law (RA 11210) and the Universal Health Care Law (RA 11223).

Most media reports did not identify the authors and sponsors of the new laws. Although some cited quotes from lawmakers, these did not specify whether they participated in the crafting of the bills. There may have been previous reports about some of these laws being introduced in Congress by their authors and sponsors. But this would be lost to the public at this time as not everyone follows the news about bills moving through the phases of legislation. Such information would have to be included in current accounts of the president signing on to these laws as the work of the legislators involved is a significant aspect of the development and should be appreciated and recognized. 

In addition, the omission tends to project President Duterte as entirely responsible for the passage of popular bills. There is enough  propaganda in social media where netizens thank Duterte as if he himself had crafted progressive pro-poor laws. Duterte may have thought of it, expressed such as a goal of his administration; but even a strongman president depends on Congress to get such laws passed.

A president can push for the passage or call for amendment of laws, extending and adding benefits as part of his legislative agenda. For example, Duterte has been vocal about broadening the benefits of the Social Security System (SSS). In 2017, he approved the SSS pension and contribution hikes despite warnings from his economic managers.

But to ignore the work of Congress in getting these laws passed misrepresents the process of government.  

A budget for pro-poor laws needed

Among the laws signed by the president were those providing improved social services.  These include the Universal Healthcare (UHC) Law which seeks to provide healthcare for all Filipinos, the Expanded Maternity Leave (EML) Law which extends the paid maternity leave of female workers, and the Social Security Act of 2019 which repeals the old SSS law to expand the coverage of benefits.

Although well-meaning, these laws require sufficient funds for their implementation, which is often a problem as far as programs for basic social services go. Some media reports pointed out that the UHC Law alone requires around PHP250 million in its first year of implementation, which Health Secretary Francisco Duque said would be sourced from the sin tax as well as from government agencies like the Philippine Charity Sweepstakes Office, the Philippine Amusement and Gaming Corporation, the Department of Health, and from the PhilHealth and its member contributions. As for the SSS, its new charter provides for the gradual increase of monthly contributions to strengthen its pension fund.

Reports did not discuss adequately the budget constraints and problems in sourcing the funds for the added services mandated by the new laws. The Bulletin on February 22 noted then SSS President Emmanuel Dooc’s opposition to the EML measure during its deliberation, arguing that it would cost the SSS an additional PHP7.5 billion. Dooc said the agency would have to consider asking for a 0.5 to 0.6 percent increase in the contribution rate to compensate for the additional costs to the pension fund. The feasibility of higher premiums was not further discussed.  

Still related to the SSS, the Inquirer and TV Patrol on February 21 picked up Bayan Muna Chairperson and senatorial candidate Neri Colmenares’ criticism of the agency’s inefficiency in collecting contributions. Colmenares cited figures from the Commission on Audit that said the agency has been failing to collect premiums totaling PHP437 billion since 2010. In January 2017, Dooc admitted that the agency’s collections were “weak,” ABS-CBN News reported. Colmenares raised a valid point, but this lead was not pursued in greater detail in subsequent reports in the Inquirer and TV Patrol or in other media accounts.

Because these services are premised on adequate funding, journalists should have called attention to that imperative instead of merely drumming up the expected benefits. Unfortunately, the media also failed to point out Duterte’s and Congress’ obliviousness to such budgetary requirements.

Misplaced emphasis

By failing to indicate who authored the bills that were signed into law by Duterte, the media’s coverage shifted the emphasis on the president, without justifying this emphasis, noting perhaps that he had campaigned hard with legislators to get these laws passed. With the blatant omission of the role of Congress, media reports have burnished the image of the president as a man of the masses who has delivered on his promises, which would indeed be pleasing to the Palace.