Government is so used to “red tape,” or complicating matters that it can’t spare an extreme emergency situation. The official national policy on food, and goods, as laid out in the “Community Quarantine over the Entire Luzon and further Guidelines for the Management of the Coronavirus Disease 2019 (COVID-19) Situation” issued by ES Salvador C. Medialdea, by order of the president, on March 16, 2019, is categorically to allow their (foods and goods, or cargoes) unhampered movement and flow: “The movement of cargoes within, to and from the entire Luzon shall be unhampered. For this purpose, guidelines for the accompanying crew or personnel of transiting cargoes shall be formulated by the Department of Transportation.”
It is clear that the purpose of the community quarantine, aimed at containing the contact-transmitted COVID-19, is to limit the movement of people, not goods.
The DA, however, in its Implementation Procedure, has imposed restrictive requirements not found in, or that even contradicts, the president’s directive—requirements that have nothing to do with restricting the movement of people.
For instance, first, it requires that applicants must be registered with DTI, SEC, CDA, or DOLE. Majority of farmers are not registered with any of the above. While it is a worthy policy direction to have the farmers register with at least one of the above, this is not an occasion to pursue this direction, and it is not within the jurisdiction of DA. This has nothing to do with limiting the movement of people.
Second, it requires that an applicant must have a valid business permit. Most farmers are not registered, as mentioned above, and thus, have no business permits. Again, this is not within the power of DA to require a business permit, and again, this has nothing to do with restricting the movement of people. Let the farmers or business people deal with their issues with business permits. If there are penalties assessed or imposed on them for operating without business permit or on expired permit, let them deal with it utilizing their right to due process and to counsel.
Third, it requires that an applicant present its delivery vehicle’s CR/OR. Most farmers don’t have their own delivery vehicles, so they contract with different transport providers, even jeepney operators, as may be available at the time. This will narrow down the farmers' available transport choices and may subject them to greater cost. Yet again, DA has no authority to require CR/OR, and this has nothing to do with restricting the movement of people.
Fourth, in the pre-qualification form, it requires, on top of the above, that an applicant must have no complaint filed against it. How can a company control others from filing a complaint against it? To think that a good number of complaints can even be baseless. Whatever happened to presumption of innocence? Again, still, it is not within DA’s power to impose this requirement, and going back to the objective, this has nothing to do with restricting the movement of people.
Focus on the Objective
The better policy, which I think is what the president’s directive intends, is to maintain the status quo ante, which allows goods to flow unhampered subject to transport laws, and other existing laws, AND determine the proper and allowable number of delivery crew and contingent, AND subject them to thermal scan. That is hemming it squarely in the objective of the President’s directive, and the supposed limit of this administrative issuance—restricting the movement of people. A rule cannot go beyond the law it seeks to implement.
Prior to COVID-19, were delivery trucks flagged down for their DTI, SEC, CDA, DOLE registration? No.
Were delivery trucks flagged down for their business permits? N0.
Were delivery trucks flagged down for their CR/OR? No.
Were delivery trucks flagged down to prove they have not been complained against? No.
In fact, even today, unless and until this issuance is enforced, DA’s William Dar’s pronouncement stands: that it suffices that delivery trucks are able to present an inventory of goods contained in the vehicle, and after delivery, a delivery receipt.
What this issuance unwittingly achieves is promote the bigger middlemen, mostly compliant with the above unwarranted requirements, where the policy is to empower the farmers, and the micro and small players, mostly marginalized. Worse, this exacting requirements will choke the food supply, resulting in food shortage, price hike, and chaos—something the government is carefully trying to avoid in this delicate situation.
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