Evading the issue on the credit info sharing law

May I respond to a letter from Mr. Jaime Garchitorena, chief executive officer of the Credit Information Corporation (CIC) addressed to this corner with a copy furnished to Cebu Daily News editor in chief, Edralyn Benedicto. The seven-page letter emailed to me last August 04 was in response to, “Questioning the Law on Credit Info Sharing” (CDN, August 02, 2016).

I like to stress that my opinions were based on the statements of former Cebu Congressman Pablo “Noy Pabling” Garcia who criticized RA 9510 aka Credit Information System Act (CISA) during an assembly of cooperative leaders held in Cebu City last July 06. Organized by the Cooperative Development Authority, the event was aimed to gather feedback for a national co-op roadmap to be submitted to President Rodrigo Duterte. As I mentioned in my previous article, the gathering took on a serious note when Noy Pabling, a constitutional expert and who is currently chair of Cebu CFI Community Cooperative and Climbs Insurance, punched holes into the validity of the CISA law.

I wonder now if CDA Chairman Orlan Ravanera had expected Noy Pabling’s commentaries because CDA collaborates with CIC in presenting the supposed benefits of the CISA law in several road shows held in major cities around the country. In the gathering held at the CFI Penthouse, Ravanera was to present an overview of the national Co-op Roadmap, but Noy Pabling hogged the limelight by airing broadsides at CISA and CIC.

I welcome Mr. Garchitorena’s comments, but he cannot evade the constitutional infirmity issue of RA 9510 by rationalizing on the benefits of the law and soft-pedaling on the penalties that will be slapped on co-ops if they fail to comply with the requirements of CISA. During the forum, Noy Pabling talked about a circular signed by Mr. Garchitorena and the consequences of non-compliance. On this note, Garcia assailed CIC, “a corporation created for profit,” for “threatening” co-ops.

That a co-op party list pushed for the enactment of the CISA law is beside the point. RA 9520 aka Cooperative Code of 2008 is a latter law and has the effect of amending and/or repealing CISA for containing provisions inconsistent with the law on cooperatives. Is that a difficult doctrine to swallow and follow?

I like to thank Mr. Garchitorena for inviting me to another round of dialogue on the CISA law on August 17. I hope he brings a battery of lawyers to refute Noy Pabling’s comments because that is the one and single issue that, if CIC can properly and effectively address, will make the difference for the implementation of CISA. Otherwise, it will be an utter waste of time. Since the government controls CIC, I hope this article reaches the attention of CIC and Securities and Exchange Chairperson Teresita Herbosa and if she could advise CIC executives to suspend anymore roadshows until the Supreme Court resolves the validity of RA 9510.
In fact, even minus Garcia’s comments, Mr. Eli Baquero, chairman of Cebu News Workers Cooperative, rejected an offer by a local co-op provider to handle the technical side of complying with the CISA law. I got this information from News Co-op manager Ms. Evelyn Sarsale. Based on what I heard during the July 06 forum, co-ops balk at compliance for practical reasons but I believe they now have a solid stance after listening to former Cong. Garcia.

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Felicitations to Cebu City’s Oasis of Love Community on their 21st anniversary celebration held yesterday at the SM Seaside City Skyhall. Despite traffic difficulties owing to the closure of some roads going to SRP because of the Ironman sports event, the Skyhall was practically filled to the rafters by Oasis of Love members coming from Manila, Visayas and Mindanao provinces.

A sumptuous lunch was served after the concelebrated Mass presided by Cebu Archbishop Jose S. Palma. While going to the buffet station, I spotted former Cebu City mayor Mike Rama seated beside Archbishop Palma and Nonito “Tatay Dodong” Limchua, leader of the community.

Mike looked like he enjoyed the food so I texted him: Is a hearty appetite a sign of a clear conscience? This was in reference to a disclosure made by no less than President Duterte tagging the former mayor in the drug list. Mike did not reply but after the praise and worship event which was capped by raffles, I noticed two missed calls from him.

I guess Mike cannot easily sum up his sentiments over an issue that has plunged him rock bottom. Napilde na sa eleksiyon, na-apil pa gyud sa listahan (A loser in the mayoral election and now tagged in the drug list). However, as a journalist who has covered Cebu politics for the longest time, somehow I cannot tie Mike with the evil trade.

Mike Rama’s desire to be on top of Cebu City is very important, but nothing can be more compelling than clearing one’s name as drug protector, pusher and user. As a lawyer, he knows his basic rights and those tagged by the President are being violated, but we live in troubled times. Forget about politics. The truth will set you free.