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PDU30 to ink Measure amending Public Service Act
By Nidz Godino
“Adequate safeguards and security provisions are in place, including giving authority to the President to suspend or prohibit any proposed merger or acquisition transaction, or any investment in public service that will grant control to foreigner or foreign corporation,” Senator Grace Poe, chairperson of the Senate committee on public services said Senate and House of Representatives ratified bicameral conference committee report on proposed measure modernizing Public Service Act.
During their respective plenary sessions, the chambers each adopted bicameral report for Senate Bill 2094 and House Bill 78, which aims to amend 85-year-old Public Service Act.
The measure seeks to clear ambiguity surrounding the terms “public utility” and “public service,” identifying public utilities as distribution and transmission of electricity; petroleum and petroleum products pipeline transmission systems; water pipeline distribution systems and wastewater pipeline systems, including sewerage pipeline systems; seaports; and public utility vehicles.
According to the proposed law, any industry not included among these will remain public services and will be liberalized.
Poe said country’s “top economic and legal experts” are backing the bill.
“The data will bear us out…not only passage of this measure speed up country’s economic recovery from the devastating effects of pandemic, but will also make our country competitive when it comes to attracting foreign direct investments which we sorely lack and need,” Poe said.
Poe said easing foreign equity restrictions in such industries will grow economy and generate jobs for Filipinos.
She also denied that liberalizing some industries is an invitation for foreign countries to take advantage of country’s resources.
Poe said foreign nationals are not allowed to own more than 50% of capital of entities engaged in the operation and management of critical infrastructure, unless his or her country accords reciprocity to Philippine nationals.
Gabriela party-list Representative Arlene Brosas sees “red flag” in this “piecemeal Charter Change measure” which, she said, “will enable foreign takeover of key economic sectors such as telecommunications and transport.”
“Ironically, this discreet Cha-cha disguised as PSA amendments was ratified exactly 35 years since 1987 Constitution was ratified… intent to uphold national patrimony, as stated in Article XII of the Charter is subverted by mere definition of public utility,” Brosas said.
“This measure will allow 100% foreign ownership of mass media, telecommunications, railways, airlines, and logistical facilities, which will expose consumers to higher rates,” she stressed.
Bayan Muna party-list Representative Carlos Isagani Zarate also expressed strong opposition to modernizing the PSA.
“Amending Public Service Act to remove services from the list of public utilities is to remove protections to ensure appropriate rates for these, and to completely remove government’s control or authority over them,” Zarate said.
” Therefore, consumer will be facing uncontrolled price hikes if these services are completely controlled by corporations,” he added.
The ratified measure will go to Malacañang for President Rodrigo Duterte’s signature.
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