Favila knows their trade

I had a rather long telephone conversation last Monday with Department of Trade and Industry (DTI) Secretary Peter Favila. He called me up after reading my column “Favila hits the ceiling” which appeared on that day. Favila explained to me where he was coming from when he took a swing at media while briefing President Arroyo and other Cabinet members during the National Disaster Coordinating Council (NDCC) meeting held at the Cainta municipal hall last Friday (Oct. 2).

In my column, I said he took “cheap shots” at media in the course of his briefing about the DTI price monitoring on basic foodstuff and other goods sold in stores and wet markets placed under price ceiling as provided for in Republic Act 7581, or the Price Act. This was after the President declared a state of calamity following the onslaught of Ondoy.

Favila tried to sound more amused than irritated over the unflattering piece I wrote about his getting peeved over media reportage on the post-typhoon Ondoy situation. Now less impassioned, Favila admitted, though, he was bothered by how some TV news reports projected the government “in a bad light.”

Being one of those directly involved, he felt strongly in agreement with observations that the government was “unfairly” scored despite efforts being exerted by administration officials to the ongoing rescue and relief operations for Ondoy victims all over Metro Manila and nearby provinces worst hit by flashfloods.

“In times of crisis, let’s get united. Let us not criticize one another,” he appealed. Favila, however, clarified he merely echoed these sentiments as conveyed to him by people he encountered while doing his price monitoring at the markets. Like journalists, Favila invoked the right to protect the source of his information, except saying: “These are well-meaning people.”

Upon the recommendation of the DTI Secretary, President Arroyo invoked the Price Act that allows the government to impose price ceilings on basic commodities effective Sept. 29 for the duration of the state of calamity in 25 provinces that include the National Capital Region (Metro Manila). Originally, the price ceilings will remain in effect for two months.

The state of calamity has been expanded all over the Philippines, also upon the recommendation of the DTI Secretary, and not just in 25 areas worst hit by Ondoy. And if the plan of Malacañang pushes through, the state of calamity may remain in effect, for at least the remaining eight months of President Arroyo’s term in office. But Defense Secretary Gilberto “Gibo” Teodoro Jr., being the chairman of the NDCC, squelched yesterday as “speculative” at this time such possibility of extending the period of the RP-wide state of calamity.

As far as price ceiling is concerned, Favila said he would like to keep them in effect while Filipinos are still reeling from the impact of Ondoy and lately, by Pepeng.

Speaking for himself, Favila cited he has not had “decent sleep”, these past seven days, while trying his best to help alleviate the plight of Ondoy’s victims. “We’re still on our toes and doing our job,” he stressed. His principal task as member of the NDCC is to make sure the calamity victims must be protected from being victimized again by heartless people out to profit in times of calamities or disasters.

As DTI Secretary, Favila pointed out he has sworn to enforce the full force of the law no matter who gets hurt, whether the culprit is a small-time vendor or big-time shop or mall owner. “We have zero tolerance, whether small, medium, or big,” he vowed.

To obviously dramatize his point, Favila even read to me his oath of office. But certainly, Favila conceded his duties to strictly apply the law attracts tough resistance, if not violent retaliation.

“Don’t get angry at us. It was Congress that made that law,” Favila quotes himself constantly telling those caught. Most often, he noted, the vendors would try to reason to them that they merely passed on the price from their supplier, or the concessionaire in the case of grocery or mall operators. However, he pointed out, the Price Act does not qualify who shall be punished if caught violating it.

Favila hinted there is a need for Congress to revisit the Price Act. “I believe there is a need to review the dynamics (in the market) of what has to be reflected (in the price),” Favila pointed out. “We need to make this law flexible to allow government to impose (price) ceiling only when the situation warrants it,” he said.

For instance, he cited, the Price Act mentioned that “basic commodities which include” firewood/charcoal could be placed under price ceiling. Both however, are no longer used for cooking purposes. Filipinos now use liquified petroleum gas. LPG is included among the refined petroleum products under the Oil Deregulation Law. Per the legal opinion of the NDCC chairman who was a “bar topnotcher,” Favila cited Teodoro’s advice that the word “include” as used in the Price Act is not restrictive nor limiting. So they included the LPG in the price ceiling.

Since the DTI has no police powers to arrest Price Act violators, all that they could do is to issue notice of violation against storeowners and vendors of these products caught selling way above the price ceiling set by the government. This was why the President deputized the Philippine National Police and the National Bureau of Investigation to assist the DTI in its price monitoring activities. Further, the Department of Justice (DOJ) has assigned state prosecutors to conduct inquests on 24-hour basis for those arrested for violating the Price Act.

Favila noted that the DTI has only 155 field monitors to go around to more than 200 public markets all over Metro Manila. “They are just simple folks who ride on jeepneys. They are the heroes here,” Favila enthused.

To augment them on this big task, he said, he has issued a DTI Administrative Order that deputized the market administrators as price monitors. Also, the DTI chief is mulling to invite volunteers to act as price monitors. Considering the dangers of this job, I don’t think it would encourage volunteers to do this errand for the DTI. But this does not stop enterprising poseurs to ply their nefarious business. As Trade Secretary, Favila knows too well how to stop their kind of trade.  –Marichu A. Villanueva (The Philippine Star)