Senate Minority Leader Franklin Drilon said the Department of Agriculture (DA) cannot raise the minimum access volume (MAV) of imported products without the approval of Congress.

Drilon said members of the legislative branch should be given the chance to deliberate and act on the recommendation to increase the pork import volumes.

He maintained that under the law, Congress is "where the power to set import quotas lies".

"To implement it without waiting for Congress to resume session and deliberate on the proposal is illegal, not to mention it is a total disrespect to a co-equal branch," Drilon asserted in his statement on Tuesday, April 20.

Such legal issue, he said on Wednesday, could be brought to the Supreme Court (SC) should the executive department insist on raising the MAV without their approval.

"Note that the setting of the MAV levels is a function of Congress. That is why the President only recommends, which recommendation must be approved by Congress," he pointed out.

A former Senate president and justice secretary, Drilon maintained that since the recommendation on the MAV increase was received by Congress when it was already on recess, it is only when they resume sessions that they can tackle the proposal.

President Duterte's proposal to raise the MAV by 350,000 metric tons (MT) was transmitted to Senate on March 26, the last day of the plenary session before the Congress adjourned for the Holy Week. Sessions will resume on May 17.

Under the Republic Act No. 8178, or the Agricultural Tariffication Act, the President, "in case of shortages or abnormal price increases in agricultural products", may propose to Congress revisions, modifications or adjustments of the MAV, "provided, however, that in the event Congress fails to act within 15 days from receipt of the proposal, the same shall be deemed approved."

Because of this, DA Secretary William Dar said during the Senate Committee of the Whole hearing last April 12 that the increase of the MAV from 54,210 MT to 404,210 MT was already "deemed approved".

Drilon, however, said the provision "is not applicable in this case because the President's recommendation was sent to and received by the Senate when it was no longer in session and thus cannot act on the recommendation."

The 15-day provision of the law only applies when Congress is in session, he added.

"Is the increase in MAV levels 'deemed approved" due to the alleged failure of Congress to act on the President's recommendation as provided by law, considering that we received the President's recommendation only on March 26, when the Senate was no longer in session? Has the appropriate EO (executive order) been issued to increase the MAV levels, even without the Senate being given an opportunity to examine the President's recommendation?" Drilon raised.

"We provided a procedural framework, through Agricultural Tariffication Act, under which the fixing of MAV can be exercised by the President. The executive must follow such procedures faithfully," he also appealed.

The Senate Committee of the Whole will resume next Tuesday, April 27, its inquiry on the government's decision to lower the tariff rates and increase the MAV for pork imports.

Senate President Vicente Sotto III said that they have invited Finance Secretary Carlos Dominguez III, after the latter disclosed that he and the economic development group in the Cabinet pushed for both moves.

Dominguez also wrote to Sotto saying he is taking full responsibility for supporting and recommending the lowered tariffs and increased MAV. Like President Duterte, he also asked the Senate to support the measure.

Aside from the DA and other concerned agencies, the Department of Justice (DOJ) was also called to weigh in on the issue, Sotto said.

Last April 15, the Senate Committee of the Whole adopted a resolution calling for the recall of Duterte's Executive Order No. 128, which provides for the temporary modification of the rates of import duty for fresh, chilled or frozen meat of swine.

The committee also asked Duterte to withdraw his recommendation to increase the MAV.

Senators feared that the policies, if implemented at the same time, will kill the local hog industry and result in billions of lost government revenues.