The House of Representatives is now finalizing bills requiring mining companies, gaming firms and public-transportation operators to secure legislative franchise from Congress prior to their operation.

House Committee on Legislative Franchises Secretary Portia Silang said the committee has already submitted several bills, as well as policy studies, on these measures to the office of Speaker Pantaleon D. Alvarez.

“Policy studies and draft bills of the committee pertaining to the comprehensive mining act, railways, gaming have already been submitted to the Office of the Speaker for [them to review and file],” Silang said in an interview with the BusinessMirror.

Besides mining, gaming and public transportation players, House Committee on Legislative Franchises Chairman Franz Alvarez of the First District of Palawan said his committee is also creating a checklist for the various industries to secure a franchise from Congress.

“Additional details are being fleshed out. We have to translate that into policy, into a set of legislative rules, for clarity and easy compliance, because you have a different set of checklist for the various industries, which will have to secure a franchise. The lawyers are working on these and other legal matters,” the lawmaker from Palawan said in a text message.

Target industries

Last Monday Speaker Alvarez said the lower chamber will prioritize the passage of measures requiring gaming, public transportation and mining companies to secure a legislative franchise from Congress.

The bill requiring legislative franchise for operating railways is now included in the common legislative agenda of the both houses of Congress. The target approval of this measure is between January and March.

“Let us complete the reorganization by adding a safeguard mechanism that will make certain that the public’s interest will always be protected. This will make certain that their applications are scrutinized deeply. Only the deserving will be allowed to operate,” the Speaker added.

On mining, Alvarez said, the bill requiring mining companies to secure legislative franchise and subjecting mining companies to congressional oversight is included in the Lower House priority measures.

The Speaker said the bill will also require mined ores to be processed or semiprocessed within the Philippines. Alvarez also said Congress will remove the regulatory powers of the Philippine Amusement and Gaming Corp. (Pagcor) over casinos.

“The regulatory framework is chaotic, full of overlaps, conflicts of interests and, at times, there is no clear central regulatory body. Let’s start off with Pagcor. It does not make sense for it to regulate and operate. An entity that has this power runs the risk of dealing itself a favorable hand while undercutting others,” he added.

Stick to field of expertise

During his second State of the Nation Address, President Duterte warned mining companies that the government is preparing a new legislation on mining.

Meanwhile, the so-called Magnificent 7 of the lower chamber asked Congress to let environmental experts and professionals handle the issues on mining.

“The issue of mining permits and environment must be left to the able hands of experts in the field of mining and environment, professionals educated and well-experienced civil servants. Congress dipping its hands on supposed to be technical and financial documents would be a big mess. What Congress must do is to study and amend the mining law,” Rep. Edgar R. Erice of the Second District of Caloocan said.

Erice, together with Rep. Teodoro B. Baguilat of the Lone District of Ifugao, urged the government to remove mining activities from the ambit of authority of the Department of Environment and Natural Resources (DENR).

“We should separate mining with the DENR because their mandates are diametrically opposed to each other. Putting Congress in charge of the mining franchises will aggravate this troubled industry. If we dissect the problems on mining, most of them will end up at the doorstep of local politics,” Erice said.

For Baguilat, “the regulatory, protection and developmental are opposing mandates of the DENR.”

61 companies

Meanwhile, at least 61 companies/corporations have pending legislative franchise applications before the lower chamber.

The 17th Congress has already passed into law measures granting Smart Communications and GMA Network Inc. legislative franchises. During the 16th Congress, the both houses have granted 42 legislative franchises to different industries.

Like tax measures, all legislative franchises must originate from the House of Representatives. Bills granting legislative franchises currently on first reading are: House Bill 5813 for Air Philippines Corp.; HB 5814 for Asian Spirit Inc.; HB 5815 for Cebu Air Inc.; HB 5816 for Philippine Airlines Inc.; HB 5817 for Southeast Asian Airline Inc.; HB 4349 for ABS-CBN Corp.; HB 4820 for Catholic Bishops’ Conference of the Philippines;

HB 2262 for Cadiz RTV Inc.; HB 3903 for TGM BCTG Network; HB 4513 for Radio Marine Network; HB 4555 for Lanao Electric Coop.; HB 4693 for EM Oroxco and Sons Inc.; HB 4877 for Good News Sorsogon; HB 4974 for Ultrasonic BCTG System Inc.; HB 5516 for North Cotabato Multi Media; HB 5602 for Vimcontu BCTG Corp.; HB 5684 for Iriga Electric Co. Inc.; HB 5700 for Radio Sorsogon Network Inc.; HB 5702 for Tirad Pass Radio TV Broadcasting;

HB 5030 for Audiovisual Communicators; HB 4906 for Delta BCTG System Inc.; HB 4118 for First Love BCTG Network Inc.; HB 3771 for Rinconada Broadcasting Corp.; HB 5054 for Century Communications; HB 5504 for Bohol Chronicle Radio Corp.; and HB 5265 for Penafrancia BCTG Corp.

Now pending before committee deliberations are HB 2630 and HB 632 seeking to amend Presidential Decree 1869 relative to the franchise powers of Pagcor; HB 4759 for Volunteer Lifecare Ministries; HB 5166 for Northeastern BCTG Services Inc.; HB 3118 for Streamtech Systems Tech. and HB 5303 for Magnum Air (Sky Jet) Inc.

Meanwhile, legislative franchise measures that are ready for second-reading approval are HB 4145 Filipinas for BCTG Network; HB 4180 for DXRA-RMC; HB 4342 for Pacific BCTG System Inc.; HB 4343 for Philippine BCTG Corp.; HB 4600 for Deus Amor Est. BCTG Inc.; HB 4849 for Omninet Phils. Inc.; and HB 5632 for University of Mindanao.

Pending for third reading are HB 5479 for Vanguard Radio Network Co. Inc.; HB 4302 for Cebu BCTG Co.; HB 3243 for PBN Broadcasting Inc; and HB 4136 for Manila BCTG Co.

Also, pending for Senate action are HB 2617 for Innove Communications; HB 4290 for Norte Dame BCTG Corp.; HB 2045 for Cotelco-Palma; HB 1941 for Gulf Waves Communications; HB 4169 for Bicol Light and Power Corp.; HB 4380 for Malindang BCTG Network Corp.; HB 4515 for Ignite Telecommunications; HB 4657 for Golden Nation Network Inc.; HB 3864 for Beta BCTG System Inc.; HB 4464 for Subic BCTG Corp.; HB 4879 for Gateway UHF Television BCTG; HB 4989 for World BCTG Corp.; HB 4658 for Ermita Electronics; HB 1422 for Now Telecom; HB 4668 for Sarraga Integrated; HB 4110 for Iloilo Baptist Church; and HB 5217 for Bright Star BCTG Network Corp.