The Department of Justice (DOJ) says there must be a new law adjusting the rates of compensation for injury, disability, and death benefits for horse trainers and jockeys employed by the Philippine Racing Commission (PHILRACOM).
In a legal opinion issued on behalf of Justice Secretary Jesus Crispin Remulla, DOJ Assistant Secretary Randolph Pascasio stressed that there is a need to propose a legislation to amend the existing schedule of rates.
The opinion was sought by PHILRACOM chairman Aurelio De Leon who asked if the commission could adjust the present rates found to have been outdated and no longer responsive to the current conditions considering that Republic Act (RA) 6115 that created the fund was signed into law on Aug. 4, 1969.
Under the current rates, Pascasio noted that the death benefit is P6,000; P6,000 for permanent disabilities due to work-connected accidents; P500 for hospitalization and care due to illness or accident connected to work; and P10,000 for acquisition of moderately priced land and house.
Pascasio said “neither PHILRACOM nor the OP (Office of the President) has the authority to adjust or change the schedule of rates provided under RA 6115….”
“Updating or adjusting the schedule of rates or compensation provided for in RA 6115 is considered an amendment or alteration of an existing law,” he said.
“It is well-settled that the authority to make laws and to alter and repeal them is legislative in nature and such authority cannot be delegated by Congress to the Executive Branch of the government,” Pascasio added.
Citing RA 6115 as amended by Presidential Decree (PD) No. 1095,
Pascasio said “the power granted to PHILRACOM is only to administer the Compensation Fund and ‘to evaluate and determine the extent and compensability of the injury, disability or death of jockeys or horse trainers injured in the discharge of their work….”
“Hence, the law is clear that the authority to administer the Compensation Fund by PHILRACOM only involves the functions of evaluating and determining the extent and compensability of the injury, disability or death of jockeys and horse trainers in the discharge of their work in accordance with the schedule of rates set down by law,” he pointed out.
“It does not include the authority to change the schedule of rates fixed by Congress, as it would constitute an invalid exercise of legislative power,” he added.