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Doing Business bill of the House and of the Senate
« on: December 02, 2017, 06:23:19 PM »
THE HONORABLE FREDERICK W. SIAO
Lone District of Iligan City
Vice Chair, Committee on Tourism
Member, Appropriations, Economic Affairs, and 8 other committees
Facebook: /congressmansiao Twitter: @freddiesiao                                                                                                              BUSINESSMAN-SOLON PREFERS CERTIFICATION AS URGENT OR SPECIAL SESSION FOR EASE OF DOING BUSINESS BILLS

There is some talk about a special session of Congress for some other bill or bills. If Malacanang wants a special session before 2017 is over, I hope the request of the Palace will include the two versions of the Ease of Doing Business bill of the House and of the Senate.

The economy needs the new law sooner rather than later. If a special session can make that happen, I favor that and I am willing and able to work on that this December, so it will be the Christmas gift of the 17th Congress to the business community and the thousands of Filipino entrepreneurs and small businesses out there.

But if HB 6579 and SB 1311 will not be certified as urgent, enactment would likely happen in the first quarter (before the summer break) or in May 2018 before the second regular session ends.

Those several months would be time lost. Add to that the 90 days allowed for the crafting and approval of the implementing rules and regulations. Add also the time it would take to put in place the IT systems needed.

Similarities and differences

HB 6579 and SB 1311 are similar in many aspects. Many provisions are similar. They differ as to Short Title: Ease of Doing Business Act (HB 6579) compared to the Expanded Anti-Red Tape Act (SB 1311). 

I am expecting that the short title of HB 6579 will be the one adopted at the bicameral conference committee because the contents of both bills pertain specifically to transactions of businesses and entrepreneurs with government agencies. Red tape is the nomenclature of wider scope which would include transactions that are not business or enterprise related because government agencies transact with more than just businesses and entrepreneurs.

According to Senator Juan Miguel Zubiri, chairman of the Senate committee on trade, SB 1311 creates a Business Anti-Red Tape and Competitiveness Bureau.

The House version creates an Ease of Doing Business Commission.

In our country’s administrative law (Administrative Code of 1987), there are two types of bureaus: line bureau and staff bureau. Staff bureaus essentially provide staff support to the Department Secretary while line bureaus implement Department directives and implementing rules of national laws concerning the department.

A commission, in Philippine administrative law, is an attached agency. While the Ease of Doing Business Commission in HB 6579 is attached to the DTI, in future administrations, the President can transfer the EDBC to other departments or to the Office of the President. Other agencies have had trouble whenever they get transferred to the supervision of other departments of offices.

The decision is now with the bicameral conference committee on which approach to adopt. If they choose the bureau approach, I hope the new bureau will be a line bureau so it can have field offices to implement at the LGU level of cities and towns. If the bureau is just a staff bureau, I do not expect that bureau to be effective in implementing the new law.

The commission approach in HB 6579 provides for regional offices, but not field offices in cities and towns. (END)

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