REPUBLIC OF THE Senate Pasay City

Journal

SESSION NO. 29 Wednesday, September 27,2006

THIRTEENTH CONGRESS THIRD REGULAR SESSION SESSION NO. 29 Wednesday, September27,2006

CALL TO ORDER REFERENCE OF BUSINESS

At 3:18 p.m., the Senate President, Hon. Manny The Secretary of the Senate read the following Villar, called the session to order. matters and the Chair made the corresponding referrals: PRAYER MESSAGES FROM THE The Body observed a minute of silent prayer. HOUSE OF REPRESENTATIVES

ROLL CALL Letters from the Secretary General of the House of Representatives, informing the Senate that on 19 September 2006, the House of Representatives Upon direction of the Chair, the Secretary of passed the following House bills in which it the Senate, Oscar G. Yabes, called the roll, to which requested the concurrence of the Senate: the following senators responded House Bill No. 5563, entitled Arroyo, J. P. Osmeria 111, S. R. Ejercito Estrada, J. Pangilinan, F. N. AN ACT PROMOTING THE DEVELOP- Pimentel Jr., A. Q. Enrile, J. P. MENT, UTILJZATION AND COh4MER- Flavier, J. M. Recto, R. G. CLALIZATION OF CLEAN, RENEW- Lacson, P. M. Revilla Jr., R. B. ABLE AND ALTERNATIVE ENERGY Lim, A. S. Villar, M. RESOURCES AND FOR OTHER Magsaysay Jr., R. B. PURPOSES

With 13 senators present, the Chair declared the To the Committees on Energy; Ways and presence of a quorum. Means; and Finance

Senators Angara, Biazon, Cayetano, Drilon, House Bill No. 5567, entitled Ejercito Estrada (L), Gordon, Madrigal and Roxas arrived after the roll call. AN ACT AMENDING SECTION 220, CHAPTER 11, TITLE VI11 OF Senator Defensor Santiago was on sick leave, REPUBLIC ACT NO. 8424 AND FOR for anorexia. OTHER PURPOSES

Senator Lapid was absent. To the Committee on Ways and Means

APPROVAL OF THE JOURNAL House Bill No. 5579, entitled

Upon motion of Senator Pangilinan, there being AN ACT DECENTRALIZING THE no objection, the Body dispensed with the reading PAYROLL SERVICES OF THE of the Journal of Session No. 28 and considered it DEPARTMENT OF EDUCATION, approved. CREATING A REGIONAL PAYROLLw 422 WEDNESDAY, SEI“l‘EMBEK27,2006

SERVICES UNIT (RPSU) IN ALL Introduced by Senator Angara REGIONAL OFFICES INCLUDING THE AUTONOMOUS REGION IN To the Committees on Justice and MUSLIM MINDANAO (ARMM), Human Rights; and Youth, Women and Family EXCEPT FOR THE NATIONAL Relations CAPITAL REGION (NCR) AND REGIONS IV-A () Senate Bill No. 2476, entitled AND IV-B (), AND PROVIDING FOR FUNDS THEREFOR AN ACT DECENTRALIZING THE TEXT- BOOK PROCUREMENT PROGRAM To the Committees on Education, Arts OF THE DEPARTMENT OF EDUCA- and Culture; Civil Service and Government TION (DepM) CREATING A REGIONAL Reorganization; and Finance TEXTBOOK PROCUREMENT SERVICES UNIT (RTPSU) IN ALL COMMITTEE REPORT REGIONAL OFFICES INCLUDING THE AUTONOMOUS REGION IN Committee Report No. 106, submitted by the MUSLIM MINDANAO (ARMM) Committee on Health and Demography, on Senate AMENDING FOR THE PURPOSE Bill No. 1972, introduced by Senators Angara SECTION 10 OF R.A. NO. 8047 and “Cornpailera” Pia S. Cayetano, entitled OTHERWISE KNOWN AS THE BOOK PUBLISHING INDUSTRY AN ACT DECLARING MAY 7 DEVELOPMENT ACT OF EVERY YEAR AS HEALTH WORKERS’ DAY. Introduced by Senator Lacson

recommending its approval with amendments. To the Committees on Education, Arts and Culture; and Finance Sponsors: Senators “Compailera” Pia S. Cayetano and Angara PRIVILEGE SPEECH OF SENATOR MAGSAYSAY To the Calendar for Ordinary Business Availing himself of the privilege hour, Senator ADDITIONAL REFERENCE OF BUSINESS Magsaysay delivered the following speech:

BILLS ON FIRST READING Last August 8,2006, Pres. Gloria Macapagal Arroyo signed Executive Order No. 558. Said Senate Bill No. 2474, entitled executive order repealed Executive Order No. 138, series of 1999, which directed govern- AN ACT ABOLISHING THE PRESI- ment entities involved in the implementation of DENTIAL COMMISSION ON GOOD credit programs to adopt credit policy guidelines GOVERNMENT (PCGG) formulated by the National Credit Council. Essentially, the new order allows government agencies and corporations to engage in lending. Introduced by Senator Pimentel Jr. The issuance of the new order is anchored on the premise that it is for the poor, that financial To the Committees on Justice and Human depth is still lacking and very few have limited Rights; Civil Service and Government access to credit services, and that their access to Reorganization; and Finance capital is mainly from the usurious lenders, commonly known as the “five-six.” Senate Bill No. 2475, entitled No doubt, Executive Order No. 558 is of noble purpose but does it really serve the best AN ACT AMENDING REPUBLIC ACT of intentions to benefit the many poor? NO. 8353, OTHERWISE KNOWN AS THE ANTI-RAPE LAW OF 1997 Let us consider the following facts: WEDNESDAY, SEP1'EMBEK27,2006 423

All reports indicate that the Department of have already loaned out about P2.18 billion and Finance (DOF), the country's steward of only P47 million has been paid to date, meaning, money and financial concerns, was caught about 2.15% have been paid to show that these unaware when the order was issued. Based direct credit programs have been so inefficient. on news reports I monitored, I am almost certain that Secretary Gary Teves himself was International banking institutions like the surprised with E.O. No. 558. The truth of the World Bank and the Asian Development Bank matter is the fmance department originally have warned the GOCCs and government non- drafted and endorsed the original EO 138 financial agencies are ill-equipped for lending in which aims to stop the financial hemorrhage financial services, collections of loans included. resulting from the lending programs of the Allow me to present a very recent and valid 1990s. The DOF has consistently encouraged example. The Agricultural Competitive Enhance- the private sector to take the lead in providing ment Fund (ACEF) - this is a lending program financial services to the poor; administered by the Department of Agriculture which I had mentioned earlier - the DA has The Department of Social Welfare and only collected P47.2 million out of P2.18 billion. Development (DSWD) was the original This mirrors the fears of the monetary proponent ofexemptions hmEO 138. And institutions and government organizations in the accordingly, DSWD wanted its in-house collection capability of government agencies. assistance for its Kaunlaran Program exempt from the ban on direct lending operations by 4) There are, at least, four laws that the new government-owned and -controlled corpora- order may be in conflict with. These are: tions (GOCCs) and government financing (1) Republic Act No. 8435 or the Agricultural institutions (GFIs). The government seemed and Fisheries Modernization Act of 1997 to have exceeded its response and the EO or AFMA; (2) Republic Act No. 8425 or was scrapped from the statute book entirely. the Social Reform and Poverty Alleviation This EO 138 made the World Bank, the Asian Act of 1998; (3) Republic Act No. 9178 or Development Bank, the IMF, and other the Barangay Micro Business Enterprises, fmancial institutions that continue to monitor BMBE Act of 2002, sponsored by Senator our microlending program give the thumbs Recto, who was then a freshman senator; up that EO 138 has been doing its job for the and (4) Republic Act No. 6977 or the Magna past six years; Carta for Small and Medium Enterprises which Sen. Leticia Shahmi and myself helped Except for its chief proponent, Secretary pass in 1997. Arthur Yap, whom we still remember as one of the secretaries of the Department of Said laws directed the rationalization or Agriculture, the new order is unacceptable to phasing out of the direct credit programs which many sectors for being contrary to existing utilized subsidized interest rates of State agencies laws and present policies. The Small Business or corporations. They specified that lending be Corporation (SBC) of the Department of Trade undertaken by GFIs and by the private sector. and Industry maintains that EO 558 provides Superseding all these laws is the Constitution, a blanket coverage that erodes credit the fundamental law of the land, which has been discipline. Likewise, the Fmancial Executives violated. The EO undermines the power of Institute of the Philippines (FINEX) observed Congress to appropriate and define the functions that the way the EO was crafted, it appeared of the bureaucracy. like a dole-out. EO 558 is very misleading because it is We rememberMmazana 99 during the 1970s actually a pre-electoral campaign masquerading wherein the poor farmer; were led to believe that as a poverty alleviation tool. It is a device meant it was a dole-out. So nobody paid for the loans to fool our people, yet again. that were given out by the Masagana 99. Saan pa patutungo ang kinabukasan ng And even lately, when we were trying to mga tunay nating mahihirap na kababayan sa extend the ACEF hd,some of our colleagues gitna ng walang habas na pagwawaldas ng here, particularly Sen. Sergio R. Osmeiia 111, ating pamahalaan sa kaban ng bayan? Sen. Edgardo J. Angara, and Sen. Aquilino Q. Ang mga walang-wala uy lalo pang Pimentel Jr., who were participating very actively mawawalan. samantalang ang mga kaibigang during those plenary sessions, were aghast at pinili ng pamahalaan ay magkakamit ng how the ACEF hdswhich, as of August 2006, kasaganaang hindi laan para sa kanila. #- 424 WEDNESDAY, SEPI‘EMBEK27,2006

Let me end by citing the words of Muhammad School Coordinator; Teacher Yasmin Camba, Grade Yunus of the Grameen Bank, “Without strict VI Hekasi Teacher and Teacher Francine Lacanilao, discipline, credit is nothing hut charity. Charity School Directress. He also acknowledged the does not overcome poverty. Poverty is like being presence of Congresswoman Carmen Cari of ; surrounded completely by high walls. Charity is Mayors Coefredo Uy, Alexander Pimentel, Jesus a package thrown into a walled-in existence that will lighten the load for a few days. A meaningful Nalupta, Fidel Anacta, Severina Nadres, Roderick poverty alleviation program is one that helps the Urigay; Vice Mayors Blesa and Torrevillas; and people gather the strength to make the cracks in SB members from Baybay, Leyte; Tayabas, ; the wall around them.” and Lamitan, .

SUSPENSION OF THE PRWLEGE HOUR QUESTION OF PRIVILEGE OF SENATOR PIMENTEL As agreed upon in the caucus, upon motion of Senator Pangilinan, there being no objection, the Rising on a question of personal and collective Body suspended the privilege hour to a later time. privilege, Senator Pimentel disclosed that a PCGG Commissioner has asked the Supreme Court to cite PARLIAMENTARY INQUIRY him for contempt allegedly for breaking the gag OF SENATOR LACSON order that the Court imposed on the parties involved in the controversy between the Senate and the At this juncture, Senator Lacson inquired if the PCGG, relative to Executive Order No. 1 issued by Body had suspended Rule XN, Section 40 of the then President Aquino. Rules of the Senate, noting that the Committee on Finance was still holding a committee hearing on the Senator Pimentel clarified that his statements budget of the DENR. had nothing to do with the controversy but with the bill he filed seeking the abolition of the PCGG Senator Pangilinan stated that Section 40 remains because he felt that the PCGG has lost its moorings, in force and that a committee hearing cannot be held orientation and mandate to recover the hidden wealth while the Senate is in session as it is in violation of of Mr. Marcos considering that after 34 years, it has the Rules. He added that he was not aware that a not found the true owners of the corporations which committee was still conducting a hearing at this time it sequestered. He doubted whether the PCGG would and he asked the Secretariat to verify the matter. ever do so considering its present situation. He stated that he pressed for the PCGG’s abolition, citing in Senator Lacson explained that his concern was particular the case of the commissioner who received that the senators attending the hearing would be a car from the company to which he had been unfairly marked absent in the day’s session. assigned which is a conflict of interest.

SUSPENSION OF SESSION Senator Pimentel stressed that his statements were on entirely different matters that anyone can With the permission of the Body, the Chair speak about. suspended the session. MANIFESTATION It was 3:33 pm. OF SENATOR EJERCITO ESTRADA Q

RESUMPTION OF SESSION Senator Ejercito Estrada (J) called the Body’s attention to a news clipping stating that MalacaiIang At 3:34 p.m., the session was resumed. is mulling the possibility of freezing the assets of former President Estrada to prevent him from further ACKNOWLEDGEMENT OF financing destabilization attempts against the Arroyo THE PRESENCE OF GUESTS administration. He stated that Presidential Chief of Staff, Mike Defensor, was also quoted as saying that At this juncture, Senator Pangilinan achowl- MalacaiIang had received information that the assets edged the presence of the students from the Learning of former President Estrada that have not been Tree School headed by Teacher Fe Gochuico, School frozen by Sandiganbayan may be used against the Administrator; Teacher Grazelle Jornales, Grade administration.H WEDNESDAY, SEPI‘EMBEK27,2UUb 425

Senator Ejercito Estrada (J) underscored that SPONSORSHIP SPEECH he, his father and mother have no plans nor have OF SENATOR BJAZON ever been involved in any plans to destabilize the administration which is already doing it to itself. In sponsoring Senate Bill No. 2458, Senator Biazon delivered the following speech Senator Ejercito Estrada (J) wondered how Secretary Defensor could put the blame on former A MECHANISM TO HASTEN THE President Estrada when he had been in jail for more DELIVERY OF SHELTER SERVICES than five years and some of his assets already frozen The Committee on Urban Planning, Housing by the Sandiganbayan. He opined that the Secretary and Resettlement, jointly with the Committee is barking up at the wrong tree. He bemoaned that on Local Government, sponsors Senate Bill it is unfair that whenever something wrong happens No. 2458, “An Act Creating a Local Housing to the administration, President Estrada and his family Board in all Cities and First to Third Class are blamed. Municipalities, Providing for its Powers and Func- tions, and for Other Purposes,” as contained in MANIFESTATION OF SENATOR PANGILINAN Committee Report No. 98. It is in consideration of Senate Bill No. 1295 and House Bill No. 3769. As agreed upon in the caucus, the Body deferred This proposed piece of legislation has had a the interpellations, if there are any, on the speech of long legislative history. I first filed the bill calling Senator Ejercito Estrada (J), as well as Senator for the creation of local housing boards in every Pimentel’s question of personal and collective city or municipality in the Ninth Congress during privilege, to a later time. my first term as a senator. After my hiatus during the Tenth Congress, I filed it again during the SPECIAL ORDER Eleventh and Twelfth Congresses. It has been 13 years since this Represent- Upon motion of Senator Pangilinan, there being ation first filed this proposed measure. I hope no objection, the Body approved the transfer of that this time, this proposed measure will see the Committee Report No. 98 on Senate Bill No. 2458 light of day and get enacted into law. from the Calendar for Ordinary Business to the Calendar for Special Orders. Constitutional and legal bases of the bill Senate Bill No. 2458 finds its moorings on COMMITTEE REPORT NO. 98 the following constitutional provisions: ON SENATE BILL NO. 2458 1. Article I1 (Declaration of Principles and Upon motion of Senator Pangilinan, there being State Policies) no objection, the Body considered, on Second Reading, a. Section 9. The State shall promote a just and Senate Bill No. 2458 (Committee Report No. 98), dynamic social order that will ensure the entitled prosperity and independence of the nation and free the people from poverty though AN ACT CREATING A LOCAL policies that provide adequate social services, HOUSING BOARD IN ALL CITIES promote full employment, a rising standard AND FIRST TO THIRD CLASS of living, and an improved quality of life MUNICIPALITIES, PROVIDING FOR for all; ITS POWERS AND FUNCTIONS, b. Section 25. The State shall ensure the AND FOR OTHER PURPOSES. autonomy of local governments.

Pursuant to Section 67, Rule XXIII of the Rules 2. Article X (Local Government),Section 2: The territorial and political subdivisions shall of the Senate, with the permission of the Body, upon enjoy local autonomy; and motion of Senator Pangilinan, only the title of the bill was read without prejudice to the insertion of its full 3. Article XI11 (Social Justice and Human text into the Record of the Senate. Rights) a. Section 9. The State shall, by law, and for Thereupon, the Chair recognized Senator Biazon the common good, undertake, in cooperation for the sponsorship. with the private sector, a continuing program ,@‘ 426 WEDNESDAY, SEPIEMBEK27,2UU6

of urban land reform and housing which will Act and we still do not have a national registry make available, at affordable cost decent of socialized housing beneficiaries. Many of our housing and basic services to underprivileged LGUs have also failed to do the three other and homeless citizens in urban centers hnctions that have been given them under the and resettlement areas. It shall also promote UDHA. Also, according to the “World Urban- adequate employment opportunities to such ization Prospects: The 2001 Revision” by the citizens. In the implementation of such UN Population Division, half of our country’s program, the State shall respect the rights of population is living in urban centers; more than small property owners; and one-half, as a matter of fact, according to the latest census that our government did five years ago. b. Section IO. Urban or rural poor dwellers shall not be evicted nor their dwellings demolished, With an urban population growth rate of except in accordance with law and in a just 5.14% per year - of note is that this population and humane manner. growth of 5.14% is way above the national average population growth of 3.36% -indicates No resettlement of urban or rural dwellers that there is a great migration of our people from shall be undertaken without adequate consult- the rural areas to the urban areas. Meaning, that ation with them and the communities where there will be a huge strain on the capability they are to be relocated. of our government to provide shelter for the Further, Sections 16 and 17 of the Local homeless - the Philippines has one of the Government Code and Rules V and VI of its highest rates in the world as far as population Implementing Rules and Regulations provide for growth in the urban areas is concerned. the roles of the local government units (LGUs) A World Bank study in 2000 projected that in the provision of housing. The bill is also the country may have as many as 600 urban grounded on R A. No. 7279, otherwise know as the centers by the year 2020. The implication of this “Urban Development and Housing Act of 1992.” is that this high urbanization rate, if not managed properly, will exert tremendous pressure on the Rationale for the Bill already scarce resources in these places. This Passage of this bill is earnestly sought could only lead to a decline in the delivery of because of three compelling reasons. quality basic services - housing being one of the most important basic services. One only has Foremost among these is the need for a to look under bridges and the ever growing specialized body in our LGUs that shall ensure informal settlements in danger zones such as the the faithful and proactive execution of housing banks of the river, the railroad tracks and garbage programs at the local level. This bill, if enacted dumps to realize that we are now experiencing into law, will provide a mechanism at the local this malady. level to hasten the delivery of shelter services to our people, especially those who need it most. It is envisioned that this proposed measure will provide an administrative machinery at the Section 2 of the Urban Development and local level to effect the full implementation of the Housing Act (UDHA) provides that the State UDHA of 1992 as well as cope with the fast pace shall “undertake, in cooperation with the private of urbanization of the country. sector, a comprehensive and Continuing Urban Development and Housing Program.” To ensure The second reason for the passage of this the achievement of the objectives of this bill is that there is also a need to institutionalize program, Section 6 called for the formulation of multisectoral representation in local housing a comprehensive plan for urban and urbanizable initiatives. This is premised on the fact that the areas. Under this comprehensive plan, the success of these programs will, to a large extent, following responsibilities were given to the LGUs: depend on the direct participation and coopera- (1) inventory of lands for socialized housing tion of the stakeholders in the planning and (Section 7); (2) identification of sites for socialized implementation process. One of the deficiencies housing (Section 8); (3) registration of socialized of the existing programs as they are being housing beneficiaries (Section 17); and (4) monitor- implemented is the fact that the local government ing of compliance by developers of the twenty units are not being consulted whenever national percent (20%) Balanced Housing provision housing agencies put up housing projects in under Section 18 of the law. those localities. However, 14 years has passed since the For example, the national housing agencies, passage of the Urban Development and Housing whether it is the “A, HUDCC or CMP, would #‘ WEDNESDAY, SEI’I‘EMBEK27,2OO6 427

come and dump into a developing area, especial- Senate Bill No. 2458 also proposes that each ly in the urban areas, hundreds of thousands of board shall be composed of the city/mnnicipal people without regard to the strain under which mayor as chairperson, the local housing officer these people suffer in terms of transportation, as the vice chairperson, and the chairperson of electricity, housing, schools, et cetera, so that the Sangguniang PanlungsodBayan Committee when the national housing agencies complete on Housing and Urban Development or its equi- the project and leave the locality, it is now the valent, the city/municipal planning and develop- local government unit that suffers for this ment coordinator, the city/municipal engineer, a increased need in the delivery of basic services representative of the housing agencies to be to this additional people. designated by the HUDCC, a representative from Many experts have opined that many of the a private organization engaged in subdivision government’s housing projects have failed due and housing development, and a representative to the fact that proper consultation among the each from people’s organizations and non- stakeholders, the beneficiaries included, was government organizations as members. never conducted in the first place. The govern- As discussed earlier, the Board shall be ment conceptualized and provided relocation the administrative machinery that will perform sites without consulting the people who were the mandates given by the UDHA to LGUs as going to be transferred; more importantly, without well as cope with the fast pace of urbanization consultation with the local government unit that of the country. In this regard, the Board is has to address the effects of hundreds of thous- mandated to prepare a Local Shelter Plan which ands of people being dumped in its jurisdiction. shall form part of the city/municipal develop- In the process, many were displaced from ment plan. This plan shall be the general their livelihood; schooling of children was framework that would effectively provide a intermpteed; local government units where these step-by-step procedure by which cities and informal settlers would be relocated refused municipalities could formulate solutions to their them; and many untoward incidents occurred housing problems. while these people were being relocated. If we The bill also calls for the creation of a local make a survey of those who are presently housing office that shall be the implementing residing in government housing projects, it will arm of the Board in the implementation of not be surprising to find out that they are not the policies, directives, rules and regulations on original beneficiaries of these projects. the provision of decent and affordable housing This situation pervades notwithstanding the and resettlement areas and on the observ- fact that under Section 14 of the UDHA, it is ance of the right of the underprivileged and illegal for these beneficiaries to sell, alienate, homeless to just and humane evictions and convey, encumber or lease these properties; all demolitions. because of ill-conceived projects that were undertaken without proper consultation among Conclusion the stakeholders, most importantly, the local This Representation urges the passage of government units. By giving all the stakeholders this bill in the name of good urban governance a voice and participation in the planning and which demands the inclusion and represent- implementation of housing initiatives at the local ation of society as well as transparency, level, these problems would hopefully be abated. predictability, accountability and integrity of Lastly, passage of this bill is earnestly government actions. With the creation of local sought as it recognizes local autonomy and the housing boards, the provision of decent, reality that each locality has its own peculiarities affordable and quality shelter to our people and priorities. Thus, it should be in a better should hopefully become more transparent, position to address its problems using its avail- predictable, accountable, laden with integrity able resources at the local level and with some and most especially would involve the people help from the national government. themselves.

The biN in a nutshell SUSPENSION OF CONSIDERATION As its title suggests, the bill proposes to OF SENATE BILL NO. 2458 create a Local Housing Board in all cities and first to third class municipalities, as classified Upon motion of Senator Pangilinan, there being by the Department of the Interior and Local no objection, the Body suspended consideration of Government, in the country. 428 WEONESDAY, SEFI‘EMBEKZ7,2006

SPECIAL, ORDER into oblivion, and along with it, the subject matter of its celebration. Upon motion of Senator Pangilinan, there being Senate Bill No. 1972, originally authored by no objection, the Body approved the transfer of our colleague, Senator Edgardo Angara, seeks to Committee Report No. 106 on Senate Bill No. 1972 restore national attention to the plight of our from the Calendar for Ordinary Business to the dedicated and hardworking “heroes for health.” Calendar for Special Orders. Under Section 2 of its five provisions, the bill shall - COMMITTEE REPORT NO. 106 ...g ive due recognition to the important ON SENATE BILL NO. 1972 role and contributions of the health workers who provide vital health Upon motion of Senator Pangilinan, there being services to our people and to promote no objection, the Body considered, on Second Reading, their rights and welfare and enhance Senate Bill No. 1972 (Committee Report No. 106), their sense of self-worth and dignity, entitled (by re-establishing) May 7 of every year as a special working holiday to be AN ACT DECLARING MAY 7 OF EVERY known as “Health Workers’ Day.” YEAR AS HEALTH WORKERS’ DAY. Billed as the “Health Workers’ Day Act,” Senate Bill No. 1972 shall cover “all persons Pursuant to Section 67, Rule XXIII of the Rules engaged in health and health-related services, of the Senate, with the permission of the Body, upon including medical and allied professionals motion of Senator Pangilinan, only the title of the bill and support services personnel, who work in was read without prejudice to the insertion of its full hospitals, sanitaria, health centers, clinics and other health-related establishments in the public text into the Record of the Senate. and private sectors.” (Section 3) Thereupon, the Chair recognized Senator To ensure the meaningful observance Cayetano for the sponsorship. of the national holiday, Section 4 states that “all heads of govemment facilities, offices and SPONSORSHIP SPEECH instrumentalities, including government-owned and -controlled hospitals as well as local govern- OF SENATOR CAYETANO ment health units, and employers in the private sector, shall encourage and afford sufficient time In sponsoring Senate Bill No. 1972, Senator and opportunities for their employees to engage Cayetano delivered the following speech and participate in any activity to mark Health Workers’ Day.” HONORING OUR HEALTH CARE WORKERS The objective of Senate Bill No. 1972 is plain I rise to seek your collective approval of a and simple. We hope that the annual public bill that gives long overdue recognition to those observance of the “Health Workers’ Day” will who quietly and anonymously yet diligently toil draw urgent awareness to the plight of our everyday to minister to the sick and afflicted, 350,000 health workers and underscore the the well and unwell, in health facilities across State’s responsibility to allot sufficient budget our country. priority for health and to improve the living and working conditions of our health workforce. They are our health workers who serve as the main pillars of the health care system. They At no time do we need to focus attention on are our doctors, nurses, midwives, dentists, the forlorn state of our health workforce. Despite technicians, nutritionists, therapists, aides and the passage on March 26, 1992, of Republic other medical and health personnel. They manage Act 7305 - the Magna Carta of Public Health to save lives everyday, despite difficult condi- Workers - its declared objective “to promote and tions, inadequate resources and very low pay. improve the social and economic well-being of the health workers, their living and working Seventeen years ago, on April 14, 1987, conditions and terms of employment” remains far President Corazon Aquino issued Proclamation from being realized. No. 96, declaring May 7 of that year and every year thereafter as “Health Workers’ Day.” Today, most health workers in both the However, its commemoration has since faded public and private sectors suffer a common lot:&’ WEDNESDAY, SEI"I'EMBEK27,2UU6 429

meager and delayed salaries, nonpayment of We, in the Committee on Health and Demography, benefits, unreasonable long working hours, together with Senator Angara who introduced increased workload without corresponding the hill, ask for your support. Let us pass compensation, dismal and unsafe working without further ado Senate Bill No. 1972. conditions, and insecurity of tenure. SUSPENSION OF CONSIDERATION With lack of support, it is no wonder then that we now have a mass exodus of health workers OF SENATE BILL NO. 1972 and professionals. In the last 10 years, the Upon motion of Senator Pangilinan, being Philippines exported close to 90,000 to 100,000 there nurses - the highest volume in Philippine no objection, the Body suspended consideration of history. We are now exporting more nurses than the bill. we are producing. The country supplies 25 percent of all overseas nurses worldwide. COMMITTEE REPORT NO. 58 ON SENATE BILL NO. 2231 The impact of the nursing drain is (Continuation) compounded by the phenomenon of doctors becoming nurses. In the last four years alone, Upon motion of Senator Pangilinan, there being 3,500 doctors left the country to take on nursing no objection, the Body resumed consideration, on posts abroad. Next to India, the Philippines is already the second largest source of doctors in Second Reading, of Senate Bill No. 223 1 (Committee hospitals abroad. Such massive brain drain is Report No. 58), entitled already resulting in substandard patient care and a real crisis in some hospitals. According to the AN ACT AMENDING REPUBLIC ACT Philippine Hospitals Association, about 10 percent NO. 8436, ENTITLED AN ACT of the Philippines' 2,500 hospitals have closed AUTHORIZING THE COMMISSION down in the past three years mainly because of ON ELECTIONS TO USE AN the loss of doctors and nurses to jobs overseas. AUTOMATED ELECTION SYSTEM 1998 NATIONAL The health workers are not jnst the comer- IN THE MAY 11, stone of our health system, as the WHO has so OR LOCAL ELECTIONS AND IN stressed, By improving the quality of life of SUBSEQUENT NATIONAL AND others, they enable us all to be fuller members of LOCAL ELECTORAL EXERCISES, society. They are an integral force in boosting PROVIDING FUNDS THEREFOR national productivity as well as strengthening AND FOR OTHER PURPOSES. the fabric of society. We cannot afford to lose more of them, especially at a time when tradi- Senator Pangilinan stated that the parliamentary tional diseases such as tuberculosis and malaria status was still the period of individual amendments. are combining with modem lifestyle-related diseases like diabetes and heart disease, and Thereupon, the Chair recognized Senator Gordon, emerging threats such as bird flu, to place an Sponsor of the measure, and Senator Osmefia for his unprecedented strain on our already fragile amendments. health care system. Of course, Senate No. Bill 1972 alone will not SUSPENSION OF SESSION solve the mass exodus of health workers or the crisis of our health system which is the result of Upon motion of Senator Pangilinan, the session decades of budget cuts and under-investment was suspended. and government neglect. But Senate Bill No. 1972 will go a long way towards convincing doctors, It was 4:11 p.m. nurses, and other health workers that their contribution to society is recognized and RESUMPTION OF SESSION honored. Senate Bill No. 1972 is a necessary step towards asserting the rights and dignity of At 4:15 p.m., the session was resumed. health workers and instituting reforms that must address their basic problems and needs and Upon resumption, Senator Pangilinan stated that improve their own quality of life. as agreed upon in the caucus, the issue on whether As policymakers, we cannot ignore these or not to go to Congress for hrther automation after unsung heroes - our health care workers. 2007 would be set aside for the moment. 430 WEDNESDAY, SEI“I’EMBEK27,2006

OSMERA AMENDMENTS A MEMBER, THE DESIGNATION OR APPOINTMENT OF THAT MEMBER As proposed by Senator Osmetia and accepted SHALL IPSO FACTO BE TERMINATED. by the Sponsor, there being no objection, the following NO MEMBER OF THE COUNCIL amendments were approved by the Body, one after SHALL HAVE, DIRECTLY OR INDIRECT’LY, the other: ANYFn\TANCIALORMlNTEREST IN ANY TRANSACTION WITH THE 1. On page 9, line 11, insert of a new subpara- COMELEC OR THE ADVISORY COUNCIL graph (a) as follows: WITH ANY PRIVATE PARTY, OR IN ANY NEGOTIATION OR BIDDING LEADING (A) UTILIZE OR GENERATE OFFICIAL THERETO, IN CONNECTION WITH BALLOTS AS HEREIN DEFINED THE ADOPTION OR IMPLEMENT- ATION OF AES.; Senator Osmefia explained that the amendment 4. On page 13, line 12, after the word provides a fallback in case a machine fails and is “PERSONS,” insert the word WHO ARE; unable to generate the ballot. and after the word “KNOWN,” insert the word INDEPENDENCE and a comma (3; On page 10, line 22, after the word “for,” 5. On the same page, line 13, after the word Senator Osmefia proposed the insertion of the words “PROBITY” and the comma (‘), insert the EXAMINATION OF. Senator Gordon did not phrase ARE NON-PARTISAN, AND accept the amendment, stating that the system WHO DO NOT POSSESS ANY OF THE already covers examination. However, Senator DISQUALIFICATIONS APPLICABLE Osmefia requested that the matter be deferred. TO A MEMBER OF THE ADVISORY Senator Gordon agreed. COUNCIL AS PROVIDED HEREIN. THE RESOURCE PERSONS SHALL ALSO 2. On page 10, line 23, after the word BE SUBJECT TO THE SAME PROHIBI- “SECURITY” and the comma (,), insert the TIONS AS THE MEMBERS OF THE words PROGRAM INTEGRITY, DATA ADVISORY COUNCIL. RECOVERY and a comma (,). 6. On page 12, line 5, after the word “KNOWN,” insert the word INDEPENDENCE and a SUSPENSION OF SESSION comma 0; Upon motion of Senator Osmefia, the session 7. On page IO, lines 27 to 30, insert the following was suspended. subparagraphs: (0) PROVIDE A VOTER VERIFIED It was 4:20 p.m, PAPERAUDITTWLANDAN AUDIT SYSTEM WITH SUPPORTING WCUMENT- RESUMPTION OF SESSION ATION FOR VERIFYING THE CORRECT- NESS OF REPORTED ELECTION RESULTS; At 4:21 p.m., the session was resumed. AND (P) PROVIDE ADEQUATE SECURITY 3. On page 12, lines 27 to 31, up to page 13, AGAINST UNAUTHORIZED ACCESS.; lines 1 to 7, insert the following: A PERSON WHO IS AFFILIATED WITH SUSPENSION OH SESSION ANY POLITICAL PARTY OR CANDIDATE FOR ANY NATIONAL POSITION, OR IS Upon motion of Senator Osmefia, the session RELATED TO A CANDIDATE FOR ANY was suspended. NATIONAL POSITION BY AFFINITY OR CONSANGUINITY WITHIN THE FOURTH It was 4:25 p.m. CIVIL DEGREE, SHALL NOT BE ELIGIBLE FOR APPOINTMENT OR DESIGNATION TO THE ADVISORY COUNCIL. SHOULD RESUMPTION OF SESSION ANY SUCH SITUATION ARISE AT ANY TIME DURING THE INCUMBENCY OF At 4:25 p.m,, the session was resumed. &f P WEDNESUAY, SEP‘I’EMBEK27,2006 43 1

On the same page, lines 26 to 29, Senator On page 14, line 21, Senator Osmefia proposed Osmefia proposed the insertion of a new subsection the deletion of the words “AD HOC” as he would 2 to read as follows: prefer a permanent technical committee.

2. RECOMMEND THE ADOPTION OF Senator Gordon accepted the amendment even as STANDARDS AND REQUIREMENTS FOR he expressed reservations about appointing permanent EVALUATING AND CERTIFYING ALL members of the technical evaluation committee in light SOFTWARE AND HARDWARE USED IN of the controversies in the nursing examination admin- ANY AUTOMATED SYSTEM, TAKING istered by the Professional Regulation Commission INTO ACCOUNT THE STANDARDS AND (PRC), some of whose commissioners were accused REQUIREMENTSESTAE%LISHED IN OTHER JURISDICTIONS. of enriching themselves through examination leakages. Senator Osmefia suggested that the terms of the SUSPENSION OF SESSION members of the Committee be staggered like those of the commissioners of Comelec, who could no Upon motion of Senator Gordon, the session longer be reappointed after their term. He reiterated was suspended. that his concern is to establish accountability of the members even if they served only for six months. It was 4:27 p.m. 9. On page 14, line 23, delete the words RESUMPTION OF SESSION “AD HOC”; 10. On the same page, line 28, delete the phrase At 428 p.m., the session was resumed “THIS COMMITTEE IS DEEMED ACTIVATED 12 MONTHS PRIOR TO THE Senator Gordon explained that he could not accept NEXTSC”3ELECroRALEXWCISE, the amendment on the ground that the standards and AND ACTIVATED ONE MONTH AFTER requirements established in other jurisdictions should COMF’L!ZIIONOF CANVASSING: PROZWKQ FOR THE 2007 ELECTIONS”; not be made the basis for the adoption of a particular automation system as this would limit the scope of Senator Osmefia clarified that the first line on technological neutrality. page 15 was not deleted so that the Committee shall be immediately convened within ten (10) days after Senator Osmefia maintained that he would not the passage of this Act. want the Filipino voter to be a guinea pig for any new technology even if it has been approved by the 11. On the page 15, line 3, after the word advisory council and the technical evaluation TECHNICAL,” delete the words “AD HOC committee, pointing out that even machines in use for 12. On the same page, line 4, after the word a long time in many parts of the world have also “CERTIFY,” insert the following phrase: failed. He said that it is important that the system has THROUGH AN ESTABLISHED INTER- been proven to work under some trying circum- NATIONAL CERTIFICATION ENTITY TO stances in other countries to give the people the BECHOSENBY TKECOMELECFROMTHE level of comfort because the electoral process cannot RECOMMENDATIONS OF THE ADVISORY afford mistakes. COUNCIL;

Senator Gordon assured Senator Osmefia that Senator Osmeria explained that in the US., there there is a contingency plan in the law to address are companies like SGS that certify that a machine these concerns. He said that while he would not is in good condition and seal it to ensure that it is not have a problem with the proposal requiring the use tampered. of a hardware which has been utilized for some Senator Gordon said that he wanted to ensure period of time in other jurisdictions, he would agree that there would be no protracted debate once the to the proposal that the requirement should also certification company has been identified by the cover desktops. advisory council and the Comelec. He clarified that 8. On page 13, line 23, after the word he merely wanted to put into the record the names “APPROPRIATE,” insert the word SECURE, of the SGS or IS0 K- P 432 WEDNESDAY, SEI“I‘EMBEK27,2006

13. On the same page, line 7, after the words SUSPENSION OF SESSION “ELECTORAL EXERCISE,” insert the words CATEGORICALLY STATING; Upon motion of Senator Gordon, the session was suspended. 14. On the same page, line 8, after the acronym “AES,” insert the phrase INCLUDING ITS HARDWARE AND SOFTWARE COMPO- It was 4:52 p.m. NENTS; RESUMPTION OF SESSION 15. On the same page, line 9, after the word “PROPERLY,” insert the word SECURELY; At 4:52 p.m., the session was resumed.

16. On the same page and line, after the Upon resumption, Senator Gordon reasoned that word “accurately,” insert the phrase IN the Committee recommended that the source code ACCORDANCE WITH THE PROVISIONS OF THIS ACT; be kept in escrow with the BSP to put in a date upon which the certification is made and to ensure security 17. On the same page, line 10, after the for the code. word “based,” insert the words AMONG OTHERS, Senator Osmefia requested that consideration of the amendments to lines 20 and 21, and line 22 and 18. On the same page, line 14, after the word 23 be deferred. “the,” insert the word SUCCESSFUL;

19. On the same page and line, after the word On page 15, line 28, Senator Osmena proposed “of,” delete the words “A THIRD PARTY”; the insertion of the following: THE COMMITTEE, THROUGH THE ESTABLISHED INTER- SUSPENSION OF SESSION NATIONAL CERTIFICATION ENTITY, SHALL ALSO CERTIFY THAT THE SOURCE CODE Upon motion of Senator Osmefia, the session REVIEWED IS ONE AND THE SAME AS THAT was suspended. RUNNING IN ALL EQUIPMENT. Senator Gordon requested the deferment of the It was 4:50 p.m. proposed amendment.

RESUMPTION OF SESSION 22. On page 16, line 6, after the words ‘‘resource persons,” insert the words WHO ARE, At 4:50 p.m., the session was resumed. 23. On the same page and line, after the word “known,” insert the word INDEPENDENCE; Senator Osmefia reasoned that he proposed the deletion of the words “a third party” because it 24. On the same page, line 7, insert the following: would be the established international certification ARE NON-PARTISAN, AND WHO DO NOT entity that would check if the machine and software POSSESS ANY OF THE DISQUALIFICA- are operating properly and accurately. TIONS APPLICABLE TO A MEMBER OF THE ADVISORY COUNCIL AS PROVIDED 20. On the same page, line 17, after the word HEREw. THE RESOURCE PERSONS SHALL “the,” insert the word SUCCESSFUL; ALSO BE SUBJECT TO THE SAME PROHIBlTIONS AS THE MBMBERS OF THE 21. On the same page and line, after the words ADVISORY COUNCIL.; “SOURCE CODE REVIEW,” delete the words 25. On the same page, line 23, after the word “BY A CAPABLE THIRD PARTY, TO BE “SERVICES,” delete the phrase “NEEDED CHOSEN BY THE COMELEC FROM THE FOR THE AES”; RECOMMENDATION OF THE ADVISORY COUNCIL”, 26. On the same page, lines 24 to 26, delete the sentence “LOCAL SOURCES SHALL BE On page 15, Senator Osmena proposed the GIVEN PRIORlTY IN THE PROCUREMENT deletion of lines 20 and 21. OF EQUIPMENT AND MATERIALS”; #- yd WEDNESDAY, SEI“I‘EMBER27,2006 433

SUSPENSION OF SESSION not be very strict about this particular amendment as long as there would be no objection when it reaches Upon motion of Senator Osmefia, the session the bicameral conference committee stage. was suspended. 31. On page 18, line 28, delete the phrase It was 4:56 p.m. “IN CASE OF PAPER-BASED ELECTION SYSTEM, RESUMPTION OF SESSION On page 19, lines 16 to 20, Senator Osmefia proposed the deletion of the proviso: PROVIDED, At 4:57 p.m., the session was resumed. FINALLY, THAT ANY PERSON HOLDING A 21. On page 17, line 20, after the acronym“AES,” PUBLIC APPOINTIVE OFFICE OR POSITION, insert the phrase AND OPENING OF THE INCLUDING ACTIVE MEMBERS OF THE SOURCE CODE FOR REVIEW, ARMED FORCES, AND OFFICERS AND EMPLOYEES IN GOVERNMENT-OWNED OR 28. On page 18, lines 12 to 15, insert the following -CONTROLLED CORPORATIONS, SHALL BE paragraph ONCE AN AES TECHNOLOGY CONSIDERED IPSO FACTO RESIGNED FROM IS SELECTED FOR IMPLEMENTATION, THE COMELEC SHALL PROMPTLY MAKE HIS/HER OFFICE UPON THE FILING OF HIS/ THE SOURCE CODE OF THAT TECHNO- HER CERTIFICATE OF CANDIDACY. LOGY AVAILABLE TO ANY INTERESTED POLITICAL PARTY OR GROUPS WHICH SUSPENSION OF SESSION MAY CONDUCT THEIR OWN REVIEW THEREOF; With the permission of the Body, the session was suspended. Senator Gordon reiterated that the sonrce code could be held open but at some point, all the parties It was 5:OS p.m would have to agree that it should be placed in the security facilities of the Bangko Sentral ng Pilipinas. RESUMPTION OF SESSION 29. On page 18, line 18, after the words “ELEC- TRONIC DISPLAY,” insert the word ANDk At 5:05. pm., the session was resumed. 30. On the same page, line 20, after the word Upon resumption, Senator Osmeiia withdrew “plebiscite,” subject to style, insert the follow- his amendment and asked to be clarified on the ing sentence: FOR ELECTRONIC DISPLAYS, prohibition. Senator Gordon stated that it is an old THE NAMES OF ALL CANDIDATES FOR provision of the law and the intention is not to give THE SAME POSITION SHALL BE SHOWN certain people added advantage. IN THE SAME PAGE OR SCREEN,

Senator Gordon expressed the view that to put On page 19 line 21, on the proposal of Senator Osmefia to delete the phrase WITH RESPECT TO all the names of the candidates for all positions in one PAPER-BASED ELECTION SYSTEM, Senator Gordon page or screen would restrict the technology. Senator Osmeiia remarked that it has always been the same said that he would be amenable to rephrasing it. problem even with paper ballots. He pointed out that On whether the DRE machine would just have a the list of candidates would be too long to fit in sheet of paper, Senator Gordon replied in the affirm- just one paper and the candidates would not want ative. He confirmed that the machine will print on a their names on the second or third page. He admitted coded form the name of the candidate selected by that fitting the long list of candidates in just one the voter. screen will hardly make it readable. Senator Gordon explained that one page will be allotted for just Asked if would be a non-paper based election one position, and for positions with a number of there system, Senator Gordon replied in the negative. candidates, the fonts would have to be made smaller to fit the screen. It might be the “scroll-down type,” 32. On page 19, line 21, as modified by he said, like how one reads text messages on their the Sponsor, replace the phrase “WITH cellular phones. Senator Osmeiia said that he would RESPECT TO PAPER-BASED ELECTION .+f r“ 434 WEDNESDAY, SEPI‘EMBEK27,2006

SYSTEM’ with WHERE THE OFFICIAL PREMISES OF A CAMP, RESERVATION, BALLOT IS PRE-PRINTED, COMPOUND, HEADQUARTERS, DETACH- MENT, OR FIELD OFFICE OF THE On the possibility that private printers could be MILITARY, POLICE, PRISON OR DETEN- used to print additional ballots, Senator Osmefia TION BUREAU, OR ANY LAW ENFORCE- asked what the measures would be just in case the MENT OR INVESTIGATION AGENCY; capacity of the National Printing Office or the Bangko However, Senator Gordon clarified that Sentrul to print is insufficient. Senator Gordon replied this provision would apply in a situation where the that the automated election system would be continued OMR is chosen. Senator Osmefia stated that the and a report must be made twelve months after elections, to allow enough time for the government to provision should apply even when manna1 ballots are print the official ballots. used as a fallback position, to prevent the manipulation of election results. Senator Gordon stressed that 33. On page 21, lines 10 to 14, insert a new electronic transmission ensures speedy results and pamgmph, to read as follows: THE COMELEC protects national candidates from electoral fraud. SHALL INCLUDE IN ITS PROCEDURE He added that it is important to have software THE PROVISIONING OF A BALLOT BOX protection to keep the system from being hijacked. IN WHICH THE OFFICIAL BALLOT, FELWXVNGTHEVOTER’SCHOICE/SAND Senator Osmefia explained that he has no objec- VERIFIED BY HIM, WHETHER PRE- tion to using electronic transmission for projecting PRINTED OR GENERATED BY THE AES unofficial results such as that done by the NAMFREL TECHNOLOGY, SHALL BE DEPOSITED; and similar quick count organizations. However, he 34. On page 22, line 23, after the word “LEAST,” disagreed with using electronic transmission to obtain delete the phrase and figure “FIFTEEN (15) official results as he noted that in other countries DAYS and replace it with the words and such as the U.S., particularly California, there are figure THREE (3) WEEKS; pending laws preventing the use of the Internet or 35. On the same page, line 24, after the period (.), of landlines for transmission of electoral results. insert the sentence THE NOTICE SHALL Further, he expressed concern over the security of SPECIFY THE PRECINCTS COVERED BY the election results as he noted that the use of the EACH COUNTING CENTER AND THE VSAT (Vote Satellite Results Transmission System) NUMBER OF REGISTERED VOTERS IN in the 2004 elections meant that the results were EACH OF SAID PRECINCTS; collated in one area before being forwarded to the Comelec main office in Manila. Thereupon, he asked On page 23, lines 1 and 2, Senator Osmefia that amendments to the provision on electric proposed the insertion of the sentence: IN METRO- transmission be deferred to a later time. POLITAN AREAS, THE COMELEC SHALL DESIGNATE ONE DISTRICT AS ONE C0U”G Senator Gordon conceded that while the CENTER. machines could break down, they are preferable to using a manual count that has resulted in However, Senator Gordon pointed out that the massive cheating. Moreover, he said that there is a amendment would violate technological transparency recommendation for Congress to pass a law requiring since either the DRE that would automatically canvass all voting machines to be equipped with a Voter votes in the voting area itself or the OMR that would Verified Paper Audit Trail (VVPAT). He noted that have a counting center, would be used. in the US., based on statistics, the use of punch carddpaper ballots went down from 27.9% in 2000 For his part, Senator Osmefia reiterated his to 1.3% in 2004, optical scans (OMRs) went up objection to the use of electronic transmission. from 29.5% to 34.9 %, and electronic voting from However, he expressed willingness to withdraw 12.6% in 2000 to 29.4% in 2004. This goes to show, the amendment, saying that either DRE or OMR is he said, that the OMR is acceptable in a technology- acceptable. neutral scenario. 36. On page 23, lines 3 to 7, insert the sentence: THE COMELEC MAY NOT DESIGNATE Moreover, Senator Gordon believed that the AS COUNTING CENTER ANY BUILDING proposal to use “dynamic addressing,” which OR FACILITY LOCATED WITHIN THE constantly changes the Internet Protocol (JP)address .#‘ WEDNESDAY, SEl"I'EMBEK27,2006 435 of the automation machines being used would make Senator Osmefia withdrew his amendment but it difficult to hack into the system. He also noted that requested the Committee to reword the provision on dynamic addressing could also be used to produce the pre-proclamation protest filed by either a national unofficial electoral results. or local candidate to the effect that Comelec must be prepared to open the ballot box, if needed. SUSPENSION OF SESSION Senator Gordon asserted that the beauty of the Upon motion of Senator Osmefia, the session provision is that an automatic recount would be was suspended. triggered only in instances where there is an attempt to try and cheat the system. Moreover, he pointed It WQS 5:35 p.m. out that the oversight committee could conduct a spot-check on all the voting results in particular areas RESUMPTION OF SESSION to find out whether the system actually worked even At 5:45 p.m., the session was resumed. if there was no protest. Senator Osmefia agreed that there must be a random audit in 5% to 10% of the 37. On page 23, line 27, after the word"VOTES," precincts. insert the phrase UNDER THE AUTOMATED SYSTEM; Asked what would happen in case a protest was made after the counting, Senator Gordon replied that On the same page, from line 30 up to line 6 a defective, incomplete or tampered ER is ground for of page 24, Senator Osmefia proposed to insert the a pre-proclamation protest and a manual count. In following paragraphs: any case, he said that Comelec should provide THE COMELEC SHALL ALSO PRESCRIBE cogent reasons for a manual recount. He agreed with THE MANNER AND PROCEDURE OF Senator Osmefia that a provision should be crafted COUNTING THE SAME VOTES UNDER THE allowing a candidate who feels cheated to randomly PARALLEL MANUAL SYSTEM IN ACCORD- pick and open a certain number of ballot boxes, say, ANCE WITH EXISTING LAWS, TAKING INTO five percent of the precincts involved. If the difference ACCOUNT THE DIFFERENCE THAT THE between the electronic and manual counts is OFFICIAL BALLOTS TO BE READ AND significant, he said that the result of the manual count EXAMINED BY THE BOARDS OF ELECTION shall prevail. Nevertheless, he pointed out that the INSPECTORS ARE THE ONES USED OR expenses for the recount should be shouldered by the GENERATED BY THE AES. requesting candidate. Senator Osmeiia agreed. THE BOARD OF ELECTION INSPEC-TORS SHALL PERFORM THE MANUAL COUNT 38. On page 25, from line 17 up to line 13 of AFTER THE PROCEDURE FOR VOTING AND page 26, insert the following: COUNTING UNDER THE AES SHALL HAVE BEEN COMPLETED.; 8) THE EIGHTH COPY TO THE PROVIN- CIAL BOARD OF CANVASSERS; Senator Gordon did not accept the amendment, THE NINTH COPY TO THE TWEN- saying that it strikes at the very heart of the automated 9) TIETH COPIES TO 'THE FOURTEEN (14) election system, the very same reason why the ACCREDITED MAJOR NATIONAL Committee rejected the parallel manual system in the PARIES, EXCLUDWGTHE DOMn'lANT previous paragraph. MA.loRITYANDmoRrTYPARTIEs, IN ACCORDANCE WITH A VOLUN- Asked how the accuracy of the AES could be TARY AGREEMENT AMONG THEM. determined if the only way to audit is to have the IFNO SUCHAGREEMEHTISR, machine print out the ballot for the second time, THE COMMISSION SHALL DECIDE Senator Gordon explained that the machine would W"PARTrES SHALLRECEIVETHE conduct a random audit. He said that if the difference COPIES ON THE BASIS OF THE received by the candidates with the highest and CRITERIA PROVIDED IN SECllON 26 second highest votes for a particular position is less OFREPUBLIC ACTNO. 7166; than one percent, Comelec shall not proclaim a 10) THETWENTY-FIRSTTOTHETWENn- winner for the position and should proceed to conduct THIRD COPIES, TO THE THREE a manual count of official paper ballots. (3) ACCREDITED MAJOR LOCAL& 436 WEUNESUAY, SE:PI‘EMBER27,2006

PARTIES IN ACCORDANCE WITH A VOTES AND THE PROCLAMATION OF A VOLUNTARY AGREEMENT AMONG CANDIDATE.” THEM. IF NO SUCH AGREEMENT IS REACHED, THE COMMISSION SHALL Senator Gordon did not accept the amendment, DECIDE WHICH PARTIES SHALL stressing that the speed of transmission is the insuring RECEIVE THE COPIES ON THE BASIS factor in minimizing cheating. Senator Osmefia asked OF CRITERIA ANALOGOUS TO THAT PROVIDED IN SECTION 26 OF that consideration all provisions on electronic trans- REPUBLIC ACT NO. 7166; mission be deferred to a later time. 11) THE TWENTY-FOURTH TO THE Senator Osmefia did not pursue his amendment TWENTY-EIGHTH COPIES, TO to lines 6 and 7 of page 28. NATIONAL BROADCAST AND PRINT MEDIA ENTITIES AS MAY BE EQUITABLY DETERMINED BY THE On page 37, line 9, Senator Osmefia proposed COMELEC IN VIEW OF PRO- the insertion of a new Section 33 to read as follows: PAGATING THE COPIES TO THE WIDEST EXTENT POSSIBLE; SEC. 33. SECTION 13 OF REPUBLIC ACT NO. 6646 IS HEREBY AMENDED TO READ AS 12) THE TWENTY-NINTH TO THE FOLLOWS: THIRTIETH COPIES, TO LOCAL BROADCAST OR PRINT MEDIA “SEC. 13. BOARD OF ELECTION ENTITIES AS MAY BE EQUITABLY INSPECTORS - THE BOARD OF DETERMINED BY THE COMELEC ELFLTION INSPIXTORS TO BE CONSTI- IN VIEW OF PROPAGATING THE TUTED BY THE COMMISSION COPIES TO THE WIDEST EXTENT UNDER SECTION 164 OF BATAS POSSIBLE; AND PAMBANSA BLG. 881 SHALL BE 13) THE THIRTY-FIRST TO THE THIRTY- COMPOSED OF A CHAIRMAN, AND FIFTH COPIES, TO THE MAJOR THREE (3) MEMBERS, ONE OF CITIZENS ARMS, INCLUDING THE WHOM SHALL BE DESIGNATED AS ACCREDITED CITIZENS’ ARMS AND POLL CLERK FOR NATIONAL OTHER NON-PARTISAN GROUPS OR POSITIONS AND ANOTHER AS POLL ORGANIZATIONS ENLISTED BY THE CLERK FOR LOCAL POSITIONS, COMELEC PURSUANT TO SECTION ALL OF WHOM SHALL BE 52(K) OF BATAS PAMBANSA BLG. PUBLIC SCHOOL TEACHERS, GIVING 881. SUCH CITIZENS’ ARMS, GROUPS PREFERENCE TO THOSE WITH AND ORGANLUTIONS MAY USE THE PERMANENT APPOINTMENTS. IN FIVE (%) CERTIFIED PHOTOGRAPH CASE THERE ARE NOT ENOUGH COPES OF ELECTIONS RETURNS FOR PUBLIC SCHOOL TEACHERS, THE CONDUCT OF CITIZENS’ QUICK TEACHERS IN PRIVATE SCHOOLS, COUNTS AT THE LOCAL OR EMPLOYEES IN THE CMLSERVICE, NATIONAL LEVELS. OR OTHER CITIZENS OF KNOWN PROBITY AND COMPETENCE WHO Senator Gordon stated that the amendment ARE REGISTERED VOTERS OF THE would result is 28 more printed copies for distribu- CITY OR MUNICIPALITY MAY BE APPOINTED FOR ELECTION DUTY.” tion and impose an additional cost. He pointed out that the moment the button is pressed, the results Senator Gordon observed that the section is part in all levels are electronically transmitted for the of the Election Code and applies to a manual system whole world to see and media websites would of voting. He requested that other Members be show them. present in the session hall to consider the proposal On page 27, line 29, Senator Osmeiia proposed as they were of major import. the deletion of the sentence “THE ELECTION SUSPENSION OF SESSION RETURNS TRANSMITTED ELECTRONIC- ALLY AND DIGITALLY SIGNED SHALL Upon motion of Senator Gordon, the session was BE CONSIDERED AS OFFICIAL ELECTION suspended. RESULTS AND SHALL BE USED AS THE BASIS FOR THE CANVASSING OF It was 6:16 pm .F WEDNESDAY, SEPI'EMBEK27,2006 437

RESUMPTION OF SESSION 39. On page 37, line 13, insert a new Section 34 to read as follows: At 6:22 p.m., the session was resumed. SEC. 34. SECTION 166 OF BATAS PAMBANSA BLG. 881 IS HEREBY On page 37, line 19, Senator Osmefia proposed AMENDED TO READ AS FOLLOWS: the insertion of a new Section 34. SEC. 166. QUALIFICATION Senator Gordon stated that the original objective OF MEMBERS OF THE BOARD of the bill was to amend Republic Act No. 8436 even OF ELECTTONliVSPECTORS -NO as he questioned whether the amendment goes against PERSON SHALL BE APPOINTED Rule 83 of the Rules of the Senate. c",MEMBEX OR SUBSTI- TUTE MEMBER OF THE BOARD OF ELECTION INSPECTORS Senator Osmefia explained that he intended to UNLESS HE IS OF GOOD MORAL amend the title of the bill which is usually last to be CHARACTER AND IRREPROACH- amended. He recalled that the Body had amended ABLE REPUTATION, A REGIS- several codes like the Internal Revenue Code and in TERED VOTER OF THE CITY OR the process amended other portions of the law; for MUNICIPALITY, HAS NEVER instance, on the deliberations on the EVAT, the Body BEEN CONVICTED OF ANY also amended the corporate income tax, which action ELECTION OFFENSE OR OF ANY was challenged in the Supreme Court but the latter OTHER CRIME PUNISHABLE BY MORE THAN SIX MONTHS OF upheld the Senate. He asserted that the bill would IMPRISONMENT, OR IF HE HAS give the Body the opportunity to look into other PENDING AGAINST HIM AN loopholes in the election code. He explained that his INFORMATION FOR ANY ELEC- amendment would make the election process more TION OFFENSE. HE MUST BE transparent by sending out as many copies as possible ABLE TO SPEAK AND WRITE of the election return, the preparation of which is ENGLISHORTHELOCALDIALECT. where wholesale fraud has been occurring. He read IN ADDITION, THE PERSON into the record a memorandum of the Senate Legal APPOETED AS POLL CLERK FOR Counsel upholding his proposed amendment as within NATIONAL POSITIONS SHALL the constitutional parameter of one subject per bill. BE ABLE TO OPERATE THE SIMPLE FUNCTIONS OF A DIGITAL CAMERA, A COMPUTER, SUSPENSION OF SESSION A PHOTO PRINTER AND A CELLULAR PHONE USED AS A Upon motion of Senator Osmeiia, the session MODEM. HE MUST ALSO BE was suspended. FAMILIAR WITH THE TRANS- MISSION DATA USING THE It was 6:32 p.m. INTERNET PROTOCOL.

RESUMPTION OF SESSION 40. On page 38, lines 1 to 6, Section 35 should read as follows: At 6:32 p.m., the session was resumed. SEC. 35. SECTION 174 OF BATAS PAMBANSA BLG. 881. AS AMENDED. IS Upon resumption, Senator Gordon clarified that HEREBY AMENDED TO READ AS he was accepting the amendment on the condition that FOLLOWS it only refers to areas where the AES is not adopted. Senator Osmefia explained that the critical measure SEC. 174. FUNCTIONING OF of his amendment is that every precinct must display THE BOARD OF ELECTION INSPECTORS. -THE BOARD OF on the wall a copy of the election return whether it ELECTION INSPECTORS SHALL is electronically or manually generated for anybody to ACT THROUGH ITS CHAIRMAN, photograph. Senator Gordon conceded that the election AND SHALL DECIDE WITHOUT code allows cameras to be brought in by any watcher. DELAY BY MAJORlTYVOTE ALL He stressed that the amendment would add another QUESTIONS WHICH MAY ARISE member to the board at an additional cost. IN THE PERFORMANCE OF ITS P 4% WEDNESDAY, SEPTEMBER 27,2006

DUIIES,PROVIDED,THATJNCA5E Senator Gordon disclosed that the DBM has OF A TIE, THE DECISION OF THE withdrawn the P5.5-billion budget for the 2007 CHAIRMAN SHALL PREVAIL. elections, a portion of which was supposedly for the 41. On the same page, line 7, insert a new modernization of the electoral process in keeping Section 36, to read as follows: with President Macapagal Arroyo's promise in her SONA. He said that funding for the cameras could SEC. 36. SECTION 25 OF REPUBLIC ACT NO. 7166 IS HEREBY AMENDED TO be sourced from the balance of the P2.08 billion for READ AS FOLLOWS: the automation exercise. Senator Osmeiia stated that the camera and printer per precinct would cost SEC. 25. COW- u4M\rER OF P10,OOO. ING OF VOTES.- IN ADDITION TO THE REQUIREMENT IN THE FOURTH PARAGRAPH OF Replying to the query of Senator Pangilinan, SECTION 12 OF REPUBLIC ACT Senator Osmeiia admitted that having an even NO. 6646 AND SECTION 210 OF membership is not an ideal situation because of the THE OMNIBUS ELECTION CODE, possibility of a tie vote, as well as the additional cost. IN READING THE OFFICIAL However, he explained that a fourth member who is BALLOTS DURING THE COUNT- familiar with IT would take care of any machine that ING, THE CHAIRMAN, THE breaks down so that the three members do not have POLL CLERK AND THE THIRD to leave their posts. MEMBER SHALL ASSUME SUCH POSITIONS AS TO PROVIDE THE WATCHERS AND THE MEMBERS On the proposal of Senator Pangilinan to designate OF THE PUBLIC AS MAY BE the fourth person as an ex-officio member without C0"IENTLY ACCOMMODA- voting rights, Senator Gordon said that it must be so, TED M THE POLLMG PLACE, AN otherwise, a tie would not be broken. UNIMPEDED VIEW OF THE BALLOT BEING READ BY THE For his part, Senator Roxas noted that the principal CHAIRMAN, OF THE ELECTION duty of the three members of the board is to RETURN FOR NATIONAL POSI- appreciate the ballots, while the competence of the TIONS, THE ELECTION RETURN fourth person might be limited to the hardware and FOR LOCAL POSmONS AND THE software of the technology. He suggested that the TALLY BOARD BEING SIMUL- TANEOUSLY ACCOMPLISHED inputs of the ex-officio member be defined as being BY THE FOURTH MEMBW, POLL related to technology. Senator Osmeiia stated that he CLERKANDTHErnMER would accept the consensus of the Body on the matter. rnPECnvELY, ~0urToucH- ING ANY OF THESE ELECTION Senator Gordon clarified that the amendment DOCUMENTS. THETABLE SHALL would only apply to manual voting and not to the BE CLEARED OF ALLUNNECES- automated election system. He pointed out that the SARY WRITING PARAPHERNALIA. fourth person would be tasked to handle the digital ANY VIOLATION OF THIS camera and other technology-related functions. The REQUIREMENT SHALL CONSTI- amendment, he posited, is practically amending the TUTE AN ELECTION OFFENSE PUNISHABLE UNDER SECTIONS Omnibus Election Code. At this time, he suggested 263 AND 264 OF THE OMNIBUS that the Body consider amendments to the provisions ELEcTlONCODE on electronic transmission. THE CHAIRMAN SHALL FIRST READ THE VOTES FOR Senator Osmefia stated that he added the fourth NATIONAL POSITIONS. member in anticipation of a shift to an automated election system. Senator Gordon said that he would ANY VIOLATION OF THIS leave the matter to the Body. SECTION, OR ITS PERTINENT PORTION, SHALL CONSTITUTE AN ELECTION OFFENSE AND Based on Senator Osmeiia's amendment, Senator SHALLBEPENALEHIINACCORD Pimentel noted that the fourth member would be, ANCE WITH BATAS PAMBANSA technically, a photographer who would take pictures BLG.881. of election returns to ensure that copies would be e WEDNESDAY. SEI”lEMBEK27,2006 43Y made available to interested parties. He asked why skills. He reiterated that he has always been opposed Senator Gordon was saying that such a person would to having the teachers exposed to all kinds of have practically no relevance to an automated system. shenanigans during elections.

Senator Gordon clarified that he made a caveat Senator Osmeiia cautioned that such a provision that a four-member board would only apply to the could be interpreted as exempting the teachers and manual system because the AES is simplifying the putting the youth at risk. Senator Gordon stressed elections. In fact, he believed that if the AES would that he wanted it interpreted in a way that would continuously improve, less people would be required not put the youth at risk, adding that young people in the precinct because the machine would be doing should be utilized to watch the polls as part of their most of the work including electronic transmission. duties and obligations as citizens. He noted that senior citizens could also be utilized. Asked by Senator Pimentel whether the AES would supply the paper trail, Senator Gordon replied Senator Osmefia stated that he would have in the affirmative, assuring that there would be print- no objection to youth participation in the conduct outs of election returns and ballots, just in case. of the elections as he recalled that in 1951, then Defense Secretary Ramon Magsaysay assigned Senator Osmeiia clarified that in an electronic young ROTC cadets to guard certain precincts. system, the fourth member is still needed because in He suggested that one of every three board members the event of any machine or system failure or a pre- be a member of the youth who is mature enough proclamation protest, ballot boxes would have to to handle conflicts. be opened and manual counting would be conducted. In case only five percent of the precincts would be Senator Pangilinan expressed concern that covered by the AES, he believed that the fourth replacing teachers, who have acquired the knowledge member, particularly if he/she is IT literate, would and skill in the electoral process, with inexperienced still be helpful to the 95% non-AES precincts. Senator young students might create some problems. He said Gordon suggested that it be made part of the that there should be a healthy mix of teachers and continuity plan to be provided later on. ROTC cadets.

Senator Osmeiia underscored the need to give Senator Pimentel expressed support for Senator the fourth member an official status just in case he/ Gordon’s proposal to exclude public school teachers she has to sign a certified copy of a photograph. from poll duty, pointing out past experiences when He said that the extra expense for this effort would many public school teachers had been maligned in be minimal. many political exercises and some had already been corrupted. He proposed that the board be composed At this point, Senator Pangilinan stated that of members of ROTC cadets who can be trained by during his stint as Chair of the Committee on the Comelec in the performance of poll duties. As Education, many bills were filed exempting public regards the possibility of tapping the services of the school teachers from poll duties precisely because elderly, he stated that in Germany, most of the board their mandate is education and serving as poll clerks members of the election body manning the precincts is a difficult undertaking. He expressed apprehension are retired personnel but he expressed concern that that if the additional member would be a public this might not be worth adopting because the Filipino school teacher again, it would be an additional burden senior citizens might not have the stamina to stay to him. He asked if the Committee could include throughout the long counting process. another provision stating that the fourth member shall be chosen from students taking up ROTC or any Senator Osmeiia warned that the electoral civic action course. process would overtax those who man the polling centers unless the synchronized type of elections is Senator Gordon stated that he has always been split. He believed that the teachers would rather be proposing that young people be tapped as volunteers excused from this traumatic exercise. as part of their civic duties to the country. This way, he said, government could save money and provide Senator Gordon stated that senior citizens can be the youth an opportunity to improve their values and utilized in areas where elections are automated, and# P 440 WEDNESDAY, SEI”I‘EMBEK27,2006 young students can take charge of polling centers SUSPENSION OF CONSIDERATION where manual voting is conducted. He said that he OF SENATE BILL NO. 2231 would be proposing an amendment to the composition of the board at a later time. Upon motion of Senator Pangilinan, there being no objection, the Body suspended consideration of To the proposal of Senator Osmefia to tap the bill. law students, Senator Pangilinan added that graduating law students can also be required to SECOND ADDITIONAL perform poll duties. However, Senator Gordon REFERENCE OF BUSINESS suggested that instead of a senior law student who would be reviewing for the bar exams, a third-year The Deputy Secretary for Legislation read the law student could perform the task and also help following matters and the Chair made the correspond- train the youth. ing referrals:

To the observation of Senator Pimentel that BILL ON FIRST READING college students should be compelled to render poll duties as they are no longer required to take up Senate Bill No. 2477, entitled ROTC, Senator Pangilinan said that even those who have opted to take up ROTC can also be tapped to AN ACT AMENDING REPUBLIC man poll centers. ACT NO. 53, AS AMENDED, OTHERWISE KNOWN AS AN ACT Senator Gordon bared that he would be crafting TO EXEMPT THE PUBLISHER, the necessary proposal to address this particular EDITOR OR REPORTER OF ANY concern and ask his staff to research on demography PUBLICATION FROM REVEALING and locations of educational institutions. Senator 0s- THE SOURCE OF PUBLISHED said that those to be assigned to poll duties should NEWS OR INFORMATION OBTAINED be of voting age; that the geographical distribution IN CONFIDENCE BY INCLUDING of students should be studied carefully; and that the WITHIN ITS COVERAGE JOURNAL- matter of phasing out of teachers should be left to ISTS FROM BROADCAST, NEWS future Congresses. AGENCIES AND INTERNET PUBLICATIONS At this juncture, Senator Gordon proposed the suspension of the consideration of the measure, Introduced by Senator Ramon “Bong” saying that he would be meeting with the Korean Revilla Jr. Red Cross President.

REMARKS OF SENATOR OSMERA To the Committee on Public Information and Mass Media Senator Osmefia expressed the need to resolve urgently the loss of P11 million in Philippine National RESOLUTION Red Cross funds because this would destroy the integrity of the organization. Senator Gordon said that Proposed Senate Resolution No. 569, entitled this is regrettable as the case involves an individual, who was not elected by an assembly, trying to hold RESOLUTION DIRECTING THE on to the position. PROPER SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF Senator Osmefia posited that the Philippine LEGISLATION, ON THE REPORTED National Red Cross should establish an auditing system DISCONTINUED PUBLICATION OF to avoid similar losses in the future. Senator Gordon THE PHILIPPINE COLLEGIAN DUE stated that he does not have problems with the TO THE ALLEGED REFUSAL OF THE integrity of the organization’s volunteers but the UNIVERSITY OF THE PHILIPPINES problem arises when individuals try to use the ADMINISTRATION TO RELEASE ITS PRINTING FUNDS organization for selfish purposes. & WEDNESDAY, SEl"I'EMBE:K27,2006 441

Introduced by Senator Miriam Defensor until three o'clock in the afternoon of Monday, Santiago October 2, 2006.

To the Committees on Education, Arts and It was 7:36 p.m. Culture; and Public Information and Mass Media

REMINDER OF SENATOR PANGILINAN I hereby certify to the correctness of the Senator Pangilinan reminded the Members that foregoing. starting next week, there would be sessions on Thursdays at ten o'clock in the morning.

ADJOURNMENT OF SESSION

Upon motion of Senator Pangilinan, there being no objection, the Chair declared the session adjourned

Approved 011 October 2, 2006