REPUBLIC OF THE PHILIPPINES Sena"te Pasay City

Journal

SESSION NO. 12 Wednesday, August 18,2010

FIFTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 12 Wednesday, August 18,2010

CALL TO ORDER With 16 senators present, the Chair declared the presence of a quorum. At 3 :26 p.m., the Senate President, Han. Juan Ponce Enrile, called the session to order. Senators Guingona, Lapid and Osmefia arrived after the roll call. PRAYER Senator Defensor Santiago was on sick leave. Sen. Francis N. Pangilinan led the Body in prayer, to wit: Senators Angara and Lacson were absent. Senator Trillanes was unable to attend the session Heavenly Father, we place ourselves in as he was under detention. Your presence. We ask for enlightenment, wisdom and courage to decide on matters DEFERMENT OF THE APPROVAL on the floor for the benefit and welfare of OF THE JOURNAL our people. We ask for guidance, we ask for Your guiding hand as we serve our people Upon motion of Senator Sotto, there being no and nation. objection, the Body deferred the consideration and In Jesus Name, we pray. approval of the Journal of Session No. 11 (August 17,2010). Amen. At this juncture, Senate President Enrile ROLL CALL relinquished the Chair to Senate President Pro Tempore Ejercito Estrada. Upon direction of the Chair, the Secretary of the Senate, Atty. Emma Lirio-Reyes, called the roll, to REFERENCE OF BUSINESS which the following senators responded: The Secretary of the Senate read the following Arroyo, J. P. Legarda, L. matters and the Chair made the corresponding Cayetano, A. P. C. S. Marcos Jr., F. R. referrals: Cayetano, C. P. S. Pangilinan, F. N. Drilon, F. M. Recto, R. G. MESSAGE FROM THE Ejercito Estrada, J. Revilla Jr., R. B. HOUSE OF REPRESENTATIVES Enrile, J. P. Sotto III, V. C. Escudero, F. J. G. Villar, M. Letter from the Secretary General of the House Honasan, G. B. Zubiri, J. M. F. of Representatives, informing the Senate that onIf' f 234 WEDNESDAY, AUGUST IS, 20]0

16 August 2010, the House of Representatives Senate Bill No. 953, entitled adopted House Concurrent Resolution No.3, entitled AN ACT PROMOTING THE PHYSICAL, INTELLECTUAL AND SOCIAL CONCURRENT RESOLUTION PROVID­ WELL-BEING OF THE FILIPINO ING FOR THE LEGISLATIVE YOUTH THROUGH THE ESTABLISH­ CALENDAR FOR THE FIRST MENT OF A COMPREHENSIVE REGULAR SESSION OF THE YOUTH CORPS PROGRAM, APPRO­ FIFTEENTH CONGRESS OF THE PRIATING FUNDS THEREFOR AND PHILIPPINES, FOR OTHER PURPOSES

in which it requested the concurrence of the Introduced by Senator Lapid Senate. To the Committees on Yonth, Women and To the Archives Family Relations; Social Jnstice, Welfare and Rnral Development; and Finance BILLS ON FIRST READING Senate Bill No. 954, entitled Senate Bill No. 951, entitled AN ACT AMENDING REPUBLIC ACT AN ACT AMENDING SECTION 42 OF NO. 7394, OTHERWISE KNOWN AS BATAS PAMBANSA BLG. 232, "'CONSUMER ACT OF THE PillLIP­ OTHERWISE KNOWN AS THE PINES" BY IMPOSING STIFFER "EDUCATION ACT OF 1982," BY PENALTIES FOR ANY PERSON, IMPOSING A THREE-YEAR MORA­ NATURAL OR JURIDICAL, WHO TORIUM ON TUITION AND OTHER OFFERS TO SELL OR DISTRIBUTE, SCHOOL FEE INCREASE ON ALL IN WHOLE OR IN PART, AN EDUCATIONAL INSTITUTIONS AND ADULTERATED MEAT PRODUCT STIPULATING THEREAFTER THAT OF A DISEASED ANIMAL OR OF TUITION AND OTHER SCHOOL AN ANIMAL WillCH HAS DIED FEE INCREASE SHOULD NOT BE OTHER THAN BY SLAUGHTER, RAISED BEYOND THE CURRENT OTHERWISE TERMED AS "DOUBLE INFLATION RATE OF THE COUNTRY DEAD MEAT" AND FOR OTHER AND FOR OTHER PURPOSES PURPOSES

Introduced by Senator Lapid Introduced by Senator Lapid

To the Committee on Education, Arts and To the Committees on Trade and Commerce; Cnlture and Health and Demography

Senate Bill No. 952, entitled Senate Bill No. 955, entitled

AN ACT CREATING THE LAKE LANAO AN ACT CREATING A NATIONAL DEVELOPMENT AUTHORITY, STUDENT LOAN BOARD TO DEFINING ITS POWERS, FUNCTIONS IMPLEMENT A NATIONAL STUDENT AND DUTIES, AND FOR OTHER LOAN PROGRAM FOR THE POOR, PURPOSES DEFINING ITS IMPLEMENTING GUIDELINES, RULES AND REGULA­ Introduced by Senator Lapid TIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER To the Committees on Government Corp­ PURPOSES orations and Public Enterprises; Economic Affairs; Ways and Means; and Finance Introduced by Senator Lapid r' WEDNESDAY, AUGUST 18, 2010 235

To the Committees on Education, Arts and Senate Bill No. 959, entitled Culture; Ways and Means; and Finance AN ACT INSTITUTING A COMPREHEN­ Senate Bill No. 956, entitled SIVE AND HOLISTIC MECHANISM FOR THE PROMOTION OF MEDICAL AN ACT DEFINING AS A CRIME THE TOURISM IN THE COUNTRY AND ACT OF DRIVING ANY MOTOR FOR OTHER PURPOSES VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOLIC BEVE­ Introduced by Senator Lapid RAGES AND/OR PROHIBITED DRUGS AND PROVIDING PENAL­ To the Committees on Health and Demo­ TIES THEREFOR graphy; Tonrism; and Finance

Introduced by Senator Lapid Senate Bill No. 960, entitled

To the Committees on Justice and Human AN ACT PROVIDING THE ENABLING Rights; and Public Services MECHANISMS TO ENSURE THE REGULATION AND MONITORING Senate Bill No. 957, entitled OF CAREGIVER TRAINING CENTERS IN THE COUNTRY AND THE PRO­ AN ACT TO PROVIDE FOR THE VISION OF QUALITY EDUCATION ESTABLISHMENT OF A NATIONAL IN THE CAREGIVING PROFESSION VOLCANO EARLY WARNING AND AND FOR OTHER PURPOSES MONITORING SYSTEM, APPRO­ PRIATING FUNDS THEREFOR AND Introduced by Senator Lapid FOR OTHER PURPOSES To the Committee on Labor, Employment Introduced by Senator Lapid and Human Resources Deve[opment To the Committees on Science and Tech­ nology; Environment and Natural Resources; Senate Bill No. 96[, entitled and Finance AN ACT TO PROMOTE THE DEVELOP­ Senate Bill No. 958, entitled MENT OF THE PHILIPPINE MUSIC INDUSTRY, AND FOR OTHER AN ACT AMENDING REPUBLIC ACT PURPOSES NO. 8794, OTHERWISE KNOWN AS "AN ACT IMPOSING A MOTOR Introduced by Senator Lapid VEHICLE USER'S CHARGE ON OWNERS OF ALL TYPES OF To the Committees on Education, Arts and MOTOR VEHICLES AND FOR Culture; Ways and Means; and Finance OTHER PURPOSES" AND ALLO­ CATING FUNDS FOR PROACTIVE Senate Bill No. 962, entitled NA TIONWIDE ROAD SAFETY INFORMATION, EDUCATION AND AN ACT STRENGTHENING THE COMMUNICATION (TEC) CAMPAlGN ENFORCEMENT OF THE COPY­ TO HELP IMPROVE COMPLIANCE RIGHT PROTECTION OF INTELLEC­ OF ROAD SAFETY RULES, TUAL PROPERTY RIGHT OWNERS STANDARDS AND REGULATIONS OF COMPUTER PROGRAMS CREAT­ ING FOR THIS PURPOSE THE Introduced by Senator Lapid BUSINESS SOFTWARE COPYRIGHT PIRACY ENFORCEMENT UNIT, To the Committees on Public Works; and DEFINING ITS POWERS AND Ways and Means FUNCTIONS, APPROPRIA TING .If" (' 236 WEDNESDAY, AUGUST 18, 2010

FUNDS THEREFOR, AND FOR Senate Bill No. 966, entitled OTHER PURPOSES AN ACT REQUIRING MEMBERS OF Introduced by Senator Lapid LAW ENFORCEMENT AGENCIES TO UNDERGO MANDATORY To the Committees on Trade and Commerce; DRUG AND PSYCHIATRIC TESTS Constitntional Amendments, Revision of Codes ONCE EVERY YEAR, AND BEFORE and Laws; and Finance THEIR ENTRY INTO THE SERVICE, AND FOR OTHER PURPOSES Senate Bill No. 963, entitled Introduced by Senator Lapid AN ACT PROVIDING FOR A COM­ PREHENSIVE PROGRAM ON To the Committees on Public Order and FIREFIGHTING, ESTABLISHING Illegal Drugs; and National Defense and Security THE NATIONAL FIRE SCIENCE ACADEMY, APPROPRIA TING Senate Bill No. 967, entitled FUNDS THEREFOR AND FOR OTHER PURPOSES AN ACT GRANTING CASH PRIZES AND OTHER INCENTIVES TO ALL Introduced by Senator Lapid NATIONAL ARTISTS OR "ARTISTA NG BAYAN" AWARDEES, AND To the Committees on Public Order and FOR OTHER PURPOSES Illegal Drugs; Education, Arts and Culture; and Finance Introduced by Senator Lapid

Senate Bill No. 964, entitled To the Committees on Education, Arts and Culture; and Finance AN ACT PROVIDING A SERVICE AREA SCHEME TO ALL INTERNET Senate Bill No. 968, entitled SERVICE PROVIDERS (ISPs), LIBERALIZING THE GRANTING OF AN ACT PRESCRIBING THE MAN­ ITS OPERATIONAL LICENSE TO DATORY LABELING REQUIRE­ OFFER EXPANDED SERVICES AND MENTS FOR COSMETIC PRODUCTS DEPLOY INTERNET BROADBAND THAT CONTAIN LEAD, PROVIDING INFRASTRUCTURE AND FOR PENALTIES FOR ITS VIOLATION OTHER PURPOSES THEREOF AND FOR OTHER PURPOSES Introduced by Senator Lapid Introduced by Senator Lapid To the Committee on Public Services To the Committees on Trade and Commerce; Senate Bill No. 965, entitled and Health and Demography

AN ACT PROVIDING INDIGENT BUT Senate Bill No. 969, entitled GIFTED AND TALENTED STUDENTS THE HOLISTIC OPPORTUNITY TO AN ACT TO PROVIDE INCENTIVES DEVELOP THEIR CAPABILITIES, FOR THE PRIVATE SECTOR TO AND FOR OTHER PURPOSES UNDERTAKE RESIDENTIAL HOUSING AT RATES AFFORDABLE Introduced by Senator Lapid BY LOW AND MIDDLE RENTAL INCOME FAMILIES, AND FOR To the Committees on Education, Arts and OTHER PURPOSES Culture; Youth, Women and Family Relations; and Finance Introduced by Senator Lapid WEDNESDAY, AUGUST 18, 2010 237

To the Committees on Urban Planning, Senate Bill No. 973, entitled Housing and Resettlement; Social Justice, Welfare and Rural Development; and Ways and AN ACT AMENDING PARAGRAPH (D), Means SECTION 324 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS Senate Bill No. 970, entitled THE LOCAL GOVERNMENT CODE OF 1991 AN ACT CREATING THE PHILIPPINE TRANSPORTA TION SECURITY Introduced by Senator Lapid AUTHORITY, APPROPRIATING FUNDS THEREFOR AND FOR To the Committee on Local Government OTHER PURPOSES Senate Bill No. 974, entitled Introduced by Senator Lapid AN ACT ESTABLISHING A COMPRE­ To the Committees on Public Services; HENSIVE PROGRAM FOR THE Civil Service and Government Reorganization; PROMOTION OF WATERLESS and Finance TECHNOLOGIES TO CONSERVE PRECIOUS WATER RESOURCES, Senate Bill No. 971, entitled PROVIDING ENABLING MECHAN­ ISMS FOR TECHNOLOGY TRANSFER, AN ACT PROVIDING THAT THE APPROPRIATING FUNDS THEREFOR SCHEDULE OF FAIR MARKET AND FOR OTHER PURPOSES VALUES OF REAL PROPERTY SHALL BE PREPARED BY THE Introduced by Senator Lapid LOCAL ASSESSMENT COUNCIL AMENDING FOR THE PURPOSE To the Committees on Environment and THE LOCAL GOVERNMENT CODE Natural Resonrces; Science and Technology; OF 1991 and Finance

Introduced by Senator Lapid Senate Bill No. 975, entitled

To the Committees on Local Government; AN ACT TO RATIONALIZE THE and Ways and Means ADMINISTRATION AND ENFORCE­ MENT OF ALL LA WS ON Senate Bill No. 972, entitled OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND AN ACT PROVIDING FOR THE ENVIRONMENTAL PROTECTION PROTECTION AND CONSERV­ AND OTHER PURPOSES ATION OF THE FISH CESTRAEUS PLICAT/LIS IN THE PHILIPPINES, Introduced by Senator Lapid COMMONLY KNOWN AS "LUDONG", PROVIDING A COMPREHENSIVE To the Committees on Labor, Employment MECHANISM FOR INFORMATION, and Human Resources Developmeut; and EDUCATION, COMMUNICATION Environment and Natural Resources (IEC) CAMPAIGN, APPROPRIAT­ ING FUNDS THEREFOR AND FOR Senate Bill No. 976, entitled OTHER PURPOSES AN ACT ESTABLISHING A HOLISTIC Introduced by Senator Lapid HEALTH RESEARCH AND DEV­ ELopMENT PROGRAM ON YAM To the Committees on Agriculture and Food; TUBERS, AUTHORIZING THE Environment and Natural Resources; and Finance APPROPRIA TION OF FUNDS r' 238 WEDNESDAY, AUGUST 18, 2010

THEREFOR, AND FOR OTHER To the Committees on Health and Demo­ PURPOSES graphy; and Finance

Introduced by Senator Lapid Senate Bill No. 980, entitled

To the Committees on Health and Demo­ AN ACT INSTITUTIONALIZING A graphy; Agriculture and Food; and Fiuance NATIONAL EMPLOYMENT FACILI­ TATION SERVICE NETWORK FOR Senate Bill No. 977, entitled PERSONS WITH DISABILITY (PWD) THROUGH THE ESTABLISHMENT AN ACT ESTABLISHING THE OF A PERSONS WITH DISABILITY MECHANISMS TO ENSURE THE (PWD) EMPLOYMENT FACILITA­ AVAILABILITY OF AFFORDABLE TION OFFICE IN EVERY PROVINCE, COLLEGE AND POST-GRADUATE KEY CITY AND OTHER STRA­ TEXTBOOKS AND SUPPLEMENTAL TEGIC AREAS THROUGHOUT THE MA TERIALS FOR THE POOR, COUNTRY APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES Introduced by Senator Lapid

Introduced by Senator Lapid To the Committees on Labor, Employment and Hnman Resources Development; Local To the Committees on Educatiou, Arts and Government; and Finance Cultnre; Ways and Means; and Finance Senate Bill No. 981, entitled Senate Bill No. 978, entitled

AN ACT ESTABLISHING AND INSTITU­ AN ACT DEFINING AND PENALIZING TIONALIZING THE JATROPHA THE CRIMES OF LOOTING, STEAL­ RESEARCH AND DEVELOPMENT ING FROM, AND DESECRATING (R&D) AND EXTENSION CENTER, THE VICTIMS DURING AND IN THE AUTHORIZING THE APPROPRIA­ AFTERMATH OF NATURAL OR TION OF FUNDS THEREFOR, AND MAN-MADE CALAMITIES AND PRESCRIBING FOR OTHER PURPOSES ACCIDENTS AND PENALTIES THEREOF AND FOR Introduced by Senator Lapid OTHER PURPOSES

To the Committees on Agriculture aud Food; Introduced by Senator Lapid Science and Technology; Ways and Means; and Finance To the Committees on Justice and Human Rights; and Constitutional Amendments, Senate Bill No. 979, entitled Revision of Codes and Laws

AN ACT INSTITUTING THE MECHANISMS Senate Bill No. 982, entitled FOR THE PROMOTION AND UTILIZ­ ATION OF HEALTH INFORMATION AN ACT PROVIDING FOR AUTOMATIC TECHNOLOGY (HIT) IN ORDER TO ADJUSTMENT OF THE BASIC IMPROVE THE DELIVERY OF MONTHLY PENSION FOR RETIRED QUALITY HEALTH CARE SERVICES, PERSONNEL COVERED BY THE CREATING THE HEALTH INFORM­ GOVERNMENT SERVICE INSUR­ ATION TECHNOLOGY CENTER, ANCE SYSTEM AND SOCIAL APPROPRIATING FUNDS THEREFOR SECURITY SYSTEM TO THE AND FOR OTHER PURPOSES PREVAILING COST OF LIVING INDEX AND APPROPRIATING Introduced by Senator Lapid FUNDS THEREFOR WEDNESDAY, AUGUST IS, 2010 239

Introduced by Senator Lapid Introduced by Senator Lapid

To the Committees on Civil Service and To the Committees on Education, Arts and Government Reorganization; and Labor, Employ­ Culture; Public Information and Mass Media; ment and Human Resources Development and Finance

Senate Bill No. 983, entitled Senate Bill No. 987, entitled

AN ACT PROVIDING PROTECTION AN ACT GRANTING SPECIAL FINANCIAL AGAINST COMPUTER FRAUD AND ASSISTANCE AND BENEFITS TO ABUSES AND OTHER CYBER­ THE FAMILY OR BENEFICIARY OF RELATED FRAUDULENT ACTIVI­ ANY BARANGA Y OFFICER, BARA­ TIES, PROVIDING PENAL TIES NGAY TANOD OR VOLUNTEER THEREFOR, AND FOR OTHER AND MEMBERS OF THE SANG­ PURPOSES GUNIANG KABAT AAN COUNCIL KILLED OR PERMANENTLY Introduced by Senator Lapid INCAPACITATED WHILE ON DUTY OR BY REASON OF HIS/HER To the Committees on Science and OFFICE OR POSITION AND FOR Technology; and Constitutional Amendments, OTHER PURPOSES Revision of Codes and Laws Introduced by Senator Lapid Senate Bill No. 984, entitled To the Committees on Local Government; AN ACT TO INTEGRATE A COMPUTER Social Justice, Welfare and Rural Development; EDUCATION PROGRAM INTO THE and Ways and Means EDUCATIONAL SYSTEM AND FOR OTHER PURPOSES Senate Bill No. 988, entitled Introduced by Senator Lapid AN ACT PROVIDING FOR EDUCA­ To the Committees on Education, Arts and TIONAL BENEFITS FOR MINOR Culture; Ways and Means; and Finance CHILDREN AND DEPENDENTS OF LA W ENFORCEMENT OFFICERS Senate Bill No. 985, entitled WHO ARE KILLED OR SLAIN IN THE LINE OF DUTY, AND FOR AN ACT GRANTING HAZARD PAY TO OTHER PURPOSES ALL DULY-APPOINTED MEMBERS OF BARANGAY TANOD BRIGADES Introduced by Senator Lapid DURING THEIR INCUMBENCY, APPROPRIATING FUNDS THEREFOR To the Committees on National Defense AND FOR OTHER PURPOSES and Security; Public Order and Illegal Drngs; and Finance Introduced by Senator Lapid Senate Bill No. 989, entitled To the Committees on Local Government; and Finance AN ACT INSTITUTING A COMPRE­ HENSIVE NATIONAL HEALTH Senate Bill No. 986, entitled PROGRAM TO COMBAT SYSTEMIC LUPUS ERYTHEMATOSUS (LUPUS) AN ACT TO SUBSIDIZE THE NEWS­ DISEASE, IMPLEMENTING A NATION­ PAPER SUBSCRIPTIONS OF WIDE AWARENESS PROGRAM, PUBLIC SCHOOL LIBRARIES IN APPROPRIATING FUNDS THEREFOR THE COUNTRY AND FOR OTHER PURPOSES r Jf 240 WEDNESDAY, AUGUST 18, 2010

Introduced by Senator Lapid LAKES IN THE PHILIPPINES AND FOR OTHER PURPOSES To the Committees on Health and Demo­ graphy; and Finance Introduced by Senator Lapid

Senate Bill No. 990, entitled To the Committees ou Environment and Natural Resources; and Tourism AN ACT PROVIDING FOR A RELO­ CATION SURVEY OF CADASTRAL Senate Bill No. 994, entitled LOTS IN LAHAR-AFFECTED AREAS AND FOR OTHER PURPOSES AN ACT PROVIDING ASSISTANCE TO PRIVATE HOSPITALS BY Introduced by Senator Lapid GRANTING INCENTIVES AND ESTABLISHING A PRIV A TE­ To the Committees on Environment and HOSPITAL DEVELOPMENT PLAN Natural Resources; aud Finance AND FOR OTHER PURPOSES Senate Bill No. 991, entitled Introduced by Senator Lapid AN ACT REGULATING THE DEVELOP­ To the Committees on Health and Demo­ MENT AND MANAGEMENT OF graphy; Local Government; and Fiuance SMALL ISLANDS IN THE PIDLIP­ PINES AND FOR OTHER PURPOSES Senate Bill No. 995, entitled Introduced by Senator Lapid AN ACT ESTABLISHING AN EDUCA­ To the Committees on Environment and TIONAL ASSISTANCE AND TRAIN­ Natural Resources; and Tourism ING PROGRAM FOR ENLISTED PERSONNEL OF THE ARMED Senate Bill No. 992, entitled FORCES OF THE PHILIPPINES (AFP) AND FOR OTHER PURPOSES AN ACT INSTITUTING A COMPRE­ HENSIVE NATIONAL PROGRAM Introduced by Senator Lapid AGAINST VITRIOLAGE, COMMONLY KNOWN AS "ACID VIOLENCE" OR To the Committees on National Defense "ACID ATTACK," IMPLEMENTING and Security; and Finance A NATIONWIDE INFORMATION, EDUCATION, COMMUNICATION Senate Bill No. 996, entitled (lEC) CAMPAIGN AGAINST ACID VIOLENCE, APPROPRIA TING AN ACT REQUIRING AIR CARRIERS FUNDS THEREFOR AND FOR TO PROVIDE TRAINING FOR OTHER PURPOSES FLIGHT ATTENDANTS AND GATE ATTENDANTS REGARDING SERV­ Introduced by Senator Lapid ING ALCOHOL, RECOGNIZING INTOXICATED PASSENGERS AND To the Committees on Health and Demo­ DEALING WITH DISRUPTIVE graphy; Social Justice, Welfare and Rural PASSENGERS AND FOR OTHER Development; and Finance PURPOSES

Senate Bill No. 993, entitled Introduced by Senator Lapid

AN ACT REGULATING THE DEVELOP­ To the Committees on Public Services; and MENT AND MANAGEMENT OF Finance WEDNESDAY,AUGUST 18, 2010 241

Senate Bill No. 997, entitled MEDICAL ACADEMY AND ESTAB­ LISIDNG THE PHILIPPINE MEDICAL AN ACT IMPOSING STIFFER PENAL­ SCHOLARSHIP PROGRAM, APPRO­ TIES TO ANY PERSON OR ANY PRIATING FUNDS THEREFOR AND BUSINESS ENTITY OR ESTABLISH­ FOR OTHER PURPOSES MENT SELLING TO, DISTRIBUTING OR PURCHASING A CIGARETTE Introduced by Senator Lapid OR ANY OTHER TOBACCO PRO­ DUCTS FOR A MINOR, AMENDING To the Committees on Health and Demo­ FOR THE PURPOSE REPUBLIC ACT graphy; Education, Arts and Culture; and NO. 9211, OTHERWISE KNOWN Finance AS THE TOBACCO REGULATION ACT OF 2003, AND FOR OTHER RESOLUTIONS PURPOSES Senate Joint Resolution No.3, entitled Introduced by Senator Lapid JOINT RESOLUTION TERMINATING To the Committees on Health and Demo­ THE VISITING FORCES AGREEMENT graphy; and Trade and Commerce AND DIRECTING THE SECRETARY OF FOREIGN AFFAIRS TO GIVE Senate Bill No. 998, entitled NOTICE OF TERMINATION TO THE UNITED STATES AN ACT AMENDING REPUBLIC ACT NO. 8353, OTHERWISE KNOWN AS Introduced by Senator Defensor Santiago THE "ANTI-RAPE LAW OF 1997," BY IMPOSING THE MAXIMUM To the Committees on Foreign Relations; PENALTY TO BE IMPOSED FOR and National Defense and Security THE COMMISSION OF THE CRIME OF RAPE AGAINST A FILIPINO Proposed Senate Resolution No. 85, entitled CITIZEN ON BOARD AN AIRCRAFT RESOLUTION EXPRESSING THE SENSE Introduced by Senator Lapid OF THE SENATE THAT SINCE THERE IS SEEMINGLY A SHIFT To the Committees on Youth, Women and IN US POLICY ON THE ROME Family Relations; and Public Services STATUTE OF THE INTERNATIONAL CRIMINAL COURT, THE PRESIDENT Senate Bill No. 999, entitled IS RESPECTFULLY REQUESTED TO TRANSMIT THE ROME STATUTE AN ACT ESTABLISHING A HOLISTIC TO THE SENATE FOR RESEARCH AND DEVELOPMENT CONCURRENCE PROGRAM ON DIPHTHERIA DISEASE, APPROPRIATING FUNDS Introduced by Senator Defensor Santiago THEREFOR AND FOR OTHER PURPOSES To the Committee on Foreign Relations

Introduced by Senator Lapid Proposed Senate Resolution No. 86, entitled

To the Committees on Health and Demo­ RESOLUTION EXPRESSING THE graphy; and Finance SENSE OF THE SENATE THAT THE OMBUDSMAN SHOULD STRICTLY Senate Bill No. 1000, entitled COMPLY WITH THE PERIODS PROVIDED UNDER THE RULES OF AN ACT CREATING THE PHILIPPINE COURT IN THE INVESTIGATION IY r II' 242 WEDNESDAY, AUGUST 18, 2010

OF CASES REFERRED TO IT BY To the Committees on Finance; and Govern­ CONGRESS AND THAT THE ment Corporations and Public Enterprises OMBUDSMAN ACT SHOULD BE AMENDED ACCORDINGLY Proposed Senate Resolution No. 89, entitled

Introduced by Senator Defensor Santiago RESOLUTION DIRECTING THE COMMITTEE ON HEALTH AND To the Committee on Justice and Human DEMOGRAPHY TO CONDUCT AN Rights INQUIRY, IN AID OF LEGISLATION , ON THE INCREASING SEXUALLY Proposed Senate Resolution No. 87, entitled TRANSMITTED DISEASE (STD) CASES IN THE COUNTRY AND TO RESOLUTION URGING THE COMMITTEE RECOMMEND APPROPRIA TE ON LABOR, EMPLOYMENT AND LEGISLA TION AND OTHER HOMAN RESOURCES DEVEWPMENT REMEDIAL MEASURES TO AND OTHER APPROPRIATE COM­ ADDRESS THE PROBLEM MITTEES, TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, Introduced by Senator Villar ON THE RISE OF HIGHLY PRO­ FESSIONALIZED AND SKILLED To the Committee on Health and Demo­ FILIPINO WORKERS LEAVING THE graphy COUNTRY, WITH THE END IN VIEW OF BEEFING UP RETENTION Proposed Senate Resolution No. 90, entitled INITIATIVES AND POLICIES TO STEM THE BRAIN DRAIN THAT RESOLUTION URGING THE COM­ MAY CRIPPLE MANY OF OUR MITTEE ON JUSTICE AND HUMAN INDUSTRIES RIGHTS TO CONDUCT AN INQUIRY, IN AID OF LEGIS­ Introduced by Senator Villar LATION, ON THE STATUS OF THE EFFICACY OF THE WITNESS To the Committees on Labor, Employment PROTECTION PROGRAM UNDER and Hnman Resources Development; and REPUBLIC ACT 6981 OTHER­ Science and Technology WISE KNOWN AS THE "WITNESS Proposed Senate Resolution No. 88, entitled PROTECTION, SECURITY AND BENEFIT ACT" WITH THE END IN RESOLUTION DIRECTING THE VIEW OF PROVIDING SOLUTIONS COMMITTEES ON GOVERNMENT SUCH AS BUT NOT LIMITED CORPORATIONS AND PUBLIC TO ITS EXPANSION AND ALLOCA­ ENTERPRISES; AND FINANCE TO TION OF BIGGER . BUDGET CONDUCT AN INQUIRY IN AID OF IMPROVING ITS IMPLEMENT: LEGISLATION, ON THE REPORTED ATION AND PLUGGING ITS EXCESSIVE SALARIES, ALLOW­ LOOPHOLES BY RECOMMENDING ANCES AND OTHER BENEFITS OF APPROPRIATE LEGISLATION OFFICIALS OF GOVERNMENT­ OWNED AND -CONTROLLED Introduced by Senator Villar CORPORATIONS AND GOVERN­ MENT FINANCIAL INSTITUTIONS To the Committees on Justice and Human WITH THE END IN VIEW OF Rights; and Finance MEANINGFULLY RATIONALIZ­ ING THE UTILIZATION OF The Deputy Secretary for Legislation, Atty. Edwin GOVERNMENT FUNDS B. Bellen, read the following resolutions which the Chair referred to the committees hereunder I... Introduced by Senator Villar indicated: ~ "" WEDNESDAY, AUGUST 18, 2010 243

Proposed Senate Resolution No. 91, entitled WISE KNOWN AS THE CONSUMER ACT OF THE PHILIPPINES RESOLUTION URGING THE COMMIT­ TEES ON CLIMATE CHANGE; Introduced by Senator Revilla Jr. LOCAL GOVERNMENT; AND NATIONAL DEFENSE TO CONDUCT To the Committees on Trade and Commerce; AN INQUIRY, IN AID OF LEGIS­ and Ways and Means LATION, ON METRO MANILA'S EARTHQUAKE PREPAREDNESS Proposed Senate Resolution No. 94, entitled PLANS CITING A REPORT STATING THAT THE COUNTRY'S RESOLUTION CONGRATULATING AND EXISTING DISASTER MANAGE­ COMMENDING THE COUNTRY'S MENT SYSTEMS ARE INSUFFI­ OUTSTANDING POLICEMEN IN CIENT, WITH THE OBJECTIVE OF SERVICE (C.O.P.S.) OF 2010 RESOL VING THE CONCERNS AWARDED BY THE ROTARY RAISED IN THE SAID REPORT CLUB OF NEW MANILA EAST, METROBANK FOUNDATION, INC., Introduced by Senator Villar AND PSBANK

To the Committees on National Defense Introduced by Senator Enrile and Secnrity; and Climate Change To the Committee on Rules Proposed Senate Resolution No. 92, entitled Proposed Senate Resolution No. 95, entitled RESOLUTION DIRECTING THE PROPER COMMITTEES TO CONDUCT AN RESOLUTION URGING THE COMMIT­ INQUIRY, IN AID OF LEGISLATION, TEES ON ENVIRONMENT AND IN CONNECTION WITH THE NATURAL RESOURCES; TOURISM; DAPECOL-TADECO JOINT VENrURE AND CLIMATE CHANGE TO AGREEMENT, BY AND BETWEEN CONDUCT AN INQUIRY, IN THE BUREAU OF CORRECTIONS AID OF LEGISLATION, ON THE AND TAGUM AGRICULTURAL REPORTED STEADY DECLINE OF DEVELOPMENT CO. INC. FOR THE SEA TURTLES IN THE PHILIPPINES USE OF AND DEVELOPMENT OF WITH THE END IN VIEW OF 5,308.36 HECTARES OF THE ARRESTING AND PREVENTING DA V AO PRISON AND PENAL THE EXTINCTION OF THIS FARM RESERVATION ENDANGERED SPECIES

Introduced by Senator Ejercito Estrada Introduced by Senator Villar

To the Committees on Justice and Humau To the Committee on Environment and Rights; and Agrarian Reform Natural Resources

Proposed Senate Resolution No. 93, entitled Proposed Senate Resolution No. 96, entitled

RESOLUTION DIRECTING THE RESOLUTION URGING THE SENATE PROPER SENATE COMMITTEE COMMITTEE ON PUBLIC ORDER TO CONDUCT AN INQUIRY, IN AND ILLEGAL DRUGS TO AID OF LEGISLATION, IN THE CONDUCT AN INQUIRY, IN AID PROPER IMPLEMENTATION BY OF LEGISLATION, ANENT THE THE DEPARTMENT OF TRADE MANDATORY DRUG TESTING FOR AND INDUSTRY OF ARTICLE 81 DRIVER-APPLICANTS POLICY OF REPUBLIC ACT 7394, OTHER- OF THE LAND TRANSPORTATION ,if f6 244 WEDNESDAY, AUGUST 18, 2010

OFFICE (L TO) WITH THE END ASIAN NATIONS (ASEAN) WOMEN'S IN VIEW OF CORRECTING THE SOFTBALL CHAMPIONSHIP IN FLAWS IN ITS IMPLEMENTATION JAKARTA, INDONESIA LAST AND RECOMMENDING A SYSTEM 1 AUGUST 2010 OF GRAFT-FREE TRANSPORT MEASURES Introduced by Senator Lapid

Introduced by Senator Villar To the Committee on Rules

To the Committees on Public Services; and Proposed Senate Resolution No. 100, entitled Public Order and Illegal Drugs RESOLUTION DIRECTING THE COM­ Proposed Senate Resolution No. 97, entitled MITTEE ON FOREIGN RELATIONS TO CONDUCT AN INQUIRY, IN AID RESOLUTION URGING THE SENATE OF LEGISLATION, ON MOUNTING COMMITTEE ON TRADE AND CONCERNS OVER THE PREV A­ COMMERCE, AND OTHER APPRO­ LENCE OF HUMAN TRAFFICKING PRIATE COMMITTEES TO CONDUCT OF FILIPINOS, TO DETERMINE AN INQUIRY, IN AID OF LEGIS­ WHETHER REMEDIAL MEASURES LATION, ON THE PRESENT STATE MUST BE INTRODUCED TO OF THE PHILIPPINES' ELECTRONICS ENSURE THAT REPUBLIC ACT NO. INDUSTRY, WITH THE AIM OF 9208 OR THE ANTI-TRAFFICKING PROVIDING A COMPETITIVE IN PERSONS ACT OF 2003 EFFEC­ FRAMEWORK FOR THE STAKE­ TIVELY COMBATS TRAFFICKING HOLDERS, AND INVESTORS AND IN ITS EVOLVING FORMS, AND STRENGTHENING THE SECTOR IN RECOMMEND APPROPRIA TE GENERAL ACTION

Introduced by Senator Villar Introduced by Senator Legarda

To the Committee on Trade and Commerce To the Committees on Yonth, Women and Family Relations; and Foreign Relations Proposed Senate Resolution No. 98, entitled Proposed Senate Resolution No. 101, entitled RESOLUTION CONGRATULATING AND COMMENDING THE A W ARDEES RESOLUTION DIRECTING THE SENATE FOR THE 2010 SEARCH FOR OUT­ COMMITTEE ON LOCAL GOVERN­ STANDING TEACHERS HONORED MENT TO CONDUCT AN INVEST­ BY THE METROBANK FOUNDA­ IGATION, IN AID OF LEGISLATION, TION, INC. INTO THE VIABILITY OF THE SANGGUNIANG KABATAAN UNDER Introduced by Senator Lapid THE LOCAL GOVERNMENT CODE OF 1991, AND INSTITUTE REMEDIAL To the Committee on Rules MEASURES TO STRENGTHEN THE YOUTH'S PARTICIPATION IN Proposed· Senate Resolution No. 99, entitled LOCAL GOVERNANCE

RESOLUTION CONGRA TULA TING Introduced by Senator Marcos Jr. AND COMMENDING THE RP BLU GIRLS FOR EMERGING To the Committees on Local Government; VICTORIOUS A T THE 2010 and Constitutional Amendments, Revision of ASSOCIA TION OF SOUTHEAST Codes and Laws I' ro WEDNESDAY,AUGUST 18, 2010 245

REQUEST OF SENATOR CAYETANO (P) have agreed that he will be one of the party representatives in the CA, but despite the agree­ Senator Cayetano (P) requested the Committee ment, every time a list of CA members came ont, on Rules to review the referral of Senate Bill No, his name was not included: This, he said, was 960 on the regulation and monitoring of caregiver a concern that he expressed to media because, training centers which are educational centers related to him, this would be tantamount to removing the to health, She believed that the primary committees participation of the Opposition in the CA. He to be involved should be the Committees on Education, believed, nevertheless, that President Aquino would Arts and Culture; and Health and Demography, and want to respect the power and right of each not the Committee on Labor, Employment and Human member of the commission. Resources Development. Senator Cayetano (A) thanked Senate President CHANGE OF REFERRAL Enrile for telling him that the decision regarding membership in the CA is left to the discretion of the Upon motion of Senator Sotto, there being no political parties. objection, the Chair referred Senate Bill No, 960, which was originally referred to the Committee on Senator Cayetano (A) recalled that it had been Labor, Employment and Human Resources the practice in the previous Congress for the Development, instead to the Committee on Rules, Minority Leader or his representative to read into the record the representatives of the Minority, ACKNOWLEDGMENT and after their names are read, they are con­ OF THE PRESENCE OF GUESTS sidered elected into the CA. He pointed out that the Minority had even been the first to read its At this juncture, Senator Sotto acknowledged representatives to the CA. He clarified though that the presence in the gallery of the delegation from he still had to consult with the Majority Leader Guiuan, Eastern Samar headed by Mayor Annaliza regarding the status of Senator Arroyo as a second Kwan. member in the CA, even as he emphasized that the Minority is already entitled to one member. He The Senate President Pro Tempore welcomed requested that the records reflect that he would the guests to the Senate. be representing the Nacionalista Party and the Minority group in the CA subject to the election of MANIFESTATION a second member in consultation with the Majority. OF SENATOR CAYETANO (A) He expressed frustration over the fact that Senator Cayetano (A) underscored the import­ some agreements concerning committees were not ance of the Commission on Appointments (CA) followed. He conceded that even though the as a check and balance mechanism to ensure that distribution of committee memberships is solely the there is no dictatorship and that the legislative, prerogative of the Majority, the same could not be executive and judicial branches of government applied in the case of electing members in the CA are working independently. as it is the parties that would determine the composition of the commission. He pointed out that unlike other committees which are controlled by the chairperson insofar Senator Cayetano (A) clarified that Senator as the holding of committee hearings and investiga­ Sotto has informed him regarding a proposal for his tions is concerned, all the members of the CA removal from the CA even though he had earlier are equal and that each one could initiate questions told the Majority Leader that he and Senator during committee hearings. This, he said, is the Cayetano (P) have agreed that he would represent reason why it is important that the CA, to ensure the Minority in the CA. He stressed that any move its independence, must be properly represented to remove him from the commission would be taken by all parties. as an affront to the Minority and an attempt to silence the Opposition in the Senate. However, he He disclosed that he and Senator Cayetano (P), said that since Senate President Enrile has clarified who are both members of the Nacionalista Party, that it is the party that would make the decision )JJJ )"r 246 WEDNESDAY, AUGUST 18, 2010

concerning memberships to the CA, he hoped the He narrated that on the same day that the Body issue would be settled by the formal reading of his was to elect a Senate President and when committee name into the record as being elected in the said assignments were to be distributed, he did not know commission. that the Senate would even have a Minority group because he was told by the N acionalista Party that MANIFESTATION the Body would be composed of a "super majority." OF SENATE PRESIDENT ENRILE Still, he said that he did not object when Senator Cayetano CA) told him just before the start of the Preliminarily, Senate President Enrile disclosed session that day that he would be acting as the that when he made himself available as a possible Minority Leader. He said that based on his own candidate for the Semite presidency at the request experience as Minority Leader, he was of the of some colleagues because none of the contending understanding that Senator Cayetano CAl, as the candidates at the time could muster the necessary Minority Leader, has withdrawn his right to claim numbers to elect a president, there was a discussion any committee, and as such, the committee that had on committee assignments, and he assumed the previously been assigned to him has become vacant. responsibility of assigning certain committees to He said that he resolved the vacancy by assigning certain groups in the belief that it was in the interest the chairmanship to Senator Zubiri. of the nation. For instance, he said that he assigned the chairmanship of the Committee on Finance to a Senator President Enrile clarified that he was member identified with the Administration because not challenging the statements made by Senator the committee shall be responsible in drawing up the Cayetano CAl, as he expressed confidence that budget that would implement the program of govern­ he has accommodated the requests of all the ment. He noted that two of the six members of the Members insofar as committee assignments were "Liberal group" are allied with the newly elected concerned. president but are not members of the Liberal Party. Further, he recalled having agreed to a request He said that he assigned the chairmanship of to subject the assignment of committees to a vote, the Committee on Ways and Means to Senator and telling the other senators during a caucus that Recto as he was aware that the committee must go he was willing to step down if they voted against to a senator who could help the Administration raise his decisions. He stated that he was grateful that the revenues needed to support the national budget. his decisions were sustained. He said that those who He thanked Senator Recto for agreeing to chair the were proposing to submit to a vote the committee committee despite the political stigma that comes chaimanship eventually relented and supported him. with being involved in a committee that burdens the people with taxes. In the case of the Commission on Appointments CCA), Senate President Enrile said that the Members As far as the Blue Ribbon Committee was agreed in a series of caucuses to use groups as the concerned, Senate President Enrile stated that he basis for selecting the members since there were no decided to give the chairmanship to a member of parties to speak of, for instance, Senator Defensor the Liberal Party because he believed that instead Santiago is not a member of the Nacionalista Party of engaging in investigations particularly in these and neither are Senators Arroyo and Lapid. He difficult times, there was a need to stabilize the stated that since the Nacionalista group was composed political situation. of seven members, it was entitled to three-and-a-half seats but since there was a fraction, he assigned the Senate President Enrile said that after his talks group three seats and compensated the fraction with with the Liberal group, he met with members of the two seats in the Senate Electoral Tribunal. He NP and he assigned to them certain committees. explained that based on the number within each He pointed out that when he assigned the Committee group, the CA seats were apportioned as follows: on Environment and Natural Resources to Senator Nacionalista group, three; Angara group, two; and Cayetano CP) and the Committee on Health and the Enrile group, two; some senators decided to pair Demography to Senator Cayetano CAl, he was not off - Senator Trillanes with Senator Sotto; Senator aware that they had an agreement to switch their Lacson with Senator Honasan; and the 11 th and 12th seats were given to Senators Escudero and Osmefia. f committees. r WEDNESDAY, AUGUST 18, 2010 247

He stressed that it is the responsibility of each group who are independent, thus, he agreed to the proposal to allocate the assigned seats to its members and of Senate President Enrile to use the groupings in in the case of the Nacionalista Party, he assumed determining the composition of the CA. He lamented that the first nominee would serve for one-and-a-half that every time the list of members came back to years and the second nominee, the remainder of the him, his name was not in it despite the fact that 15,h Congress. Senator Villar included him in the list. He urged the Body to settle the issue once and for all, noting that Commenting on the one seat of the Minority that following tradition, the Minority Leader has to read Senator Cayetano CA) was claiming, Senate President into the record the names of the nominees and for Enrile opined that it was internal to the Minority and the Minority, he has entered into the record his name it is up to Senators Cayetano CA) and Arroyo to and that of Senator Arroyo who, he believed, is discuss it. He clarified that he has done his best to entitled to have a seat, subject also to the arrangement accommodate all the wishes of the senators and he with the Majority. Absent an agreement on sharing offered his apology to those who thought his efforts of seats, he cautioned that the Senate cannot elect were not good enough. At this juncture, he directed the full 12 members of the CA as he reminded the Senator Sotto to nominate the members of the CA. senators of a Supreme Court ruling that no one can demand unilaterally a fraction. He hoped that there Senator Cayetano CA) reiterated that it is the will be an agreement, saying that he has to be prerogative of the Majority to distribute the committee zealous about his position as Minority Leader and chairmanships among their members. He recalled member of his party. He stated that he did not plan that when he was elected Minority Leader, he was to be Minority Leader except that he received a call hanging on to commitments from the senators from Senator Arroyo the morning before the election themselves, for instance, the Committee on of a new Senate President reminding him that it Environment and Natural Resources was supposed is not good for the Senate not to have an opposition. to go to Senator Cayetano CP) and the Committee on He acknowledged that it is difficult to belong to the Health and Demography to him. He explained that Opposition and stand up to an Administration that since he could not fully attend to the business of has a huge mandate and a President who is a friend. the Committee since he was the Minority Leader, Yet, he said that he took the challenge just as he did he decided to give it to Senator Cayetano CP) with in the House of Representatives due notice to the Majority. He said that if some misunderstanding arose between the Majority and At this juncture, Senate President Enrile requested the Minority, it was a product of miscommunication. Senator Satta to nominate the members of the CA But he stressed that it is the stand of the Minority and hold in abeyance the nomination of the members that the assignment of committee chairmanships was from the Nacionalista group. the prerogative of the Majority and the Minority were thankful enough to be given some committees. Senator Cayetano CA) posed no objection but he He pointed out that during the term of Senate insisted that the Majority Leader can only nominate President Villar, the Majority gave some committees 11 members. He pointed out that the Nacionalista to the Minority that were apportioned among their group has three nominees - Senators Defensor members but this was not the case in the last Santiago, Villar and himself, or four, if Senator Congress when the Majority decided not to give any Arroyo is added. In the case of Senator Arroyo, he committees to the Minority perhaps owing to the said that what must be settled is whether to allow contentious relationship between them. him to sit in the CA for three years.

Senator Cayetano CA) argued that as long as the Senate President Enrile opined that if voting Minority have the numbers, they must be properly takes place, a clear majority would decide the fraction represented in the CA to provide check and balance. because there are seven senators against the rest of But he noted that the basis of the CA representation the Senate. He again asked Senator Sotto to read was on party affiliation and special arrangement, into the record the names of the nominees who were otherwise, many senators cannot sit in the CA not subject of the discussion. because jurisprudence prohibits temporary alliances and that it has to be on the basis of political parties. But Senator Cayetano CA) insisted that he still He pointed out that there are a number of senators has the floor as he pointed out that the Constitution;r ~ 248 WEDNESDAY, AUGUST 18, 2010 clearly states that there can be no fraction of a He added that the Body cannot vote on something seat and nobody can claim a fraction of a seat that the Supreme Court has already ruled upon even He proceeded to read excerpts from the Supreme as he underscored that jurisprudence says that the Court decision in the Guingona case, to wit Body is free to elect the members subject to the constitutional provision, He requested that only the To disturb the resulting fractional member­ names of the eight members from the Majority be ship of the political parties in the Commission on read into the record and then the three members Appointments by adding together two halves to from the Nacionalista group, The issue concerning make a,whole is a breach of the rule on propor­ the 12th member, he said, can be discussed on tional representation because it will give the LDP Monday, August 23, 2010. an added membership in the Commission by utilizing the fraction membership of a minority political party who is deprived of half of the Asked by Senate President Enrile whether a vote representation. was needed on the membership, Senator Cayetano (A) answered that it is not subject to a vote. Senator Cayetano (A) stated that Senator Arroyo cannot be deprived of representation even as he stressed Senate President Enrile asked who would decide that jurisprudence is clear on fractional membership, the issue since the Body was the one organizing the In fact, he pointed out that the Supreme Court CA. He suggested that the matter be submitted to decision even noted that the CA can function even if a vote and anybody can question the process in the the full 12 membership is not met He enumerated courts later on. He said that he would be willing to the political affiliations of all the senators, to wit argue the case before the Supreme Court if he had to. In the event of doubt, he stated that in a Osmena Jndependent deliberative assembly like the Senate, matters are Honasan Independent decided by numbers and he would be ready to face Escudero Independent the music in case anyone wants to question the Arroyo Lakas Kampi constitutionality of the acts of the Body. Lapid Lakas Revilla Lakas Senator Cayetano (A) recalled that in the latest Zubiri Lakas case that Senator Madrigal filed, the petitioner Angara LDP recognized that the first remedy should be with the Drilon Liberal House. However, he asserted that yielding the floor Guingona Liberal in this instance would be abandoning his duty to Pangilinan Liberal protect not only the Minority but also Senator Arroyo Recto Liberal and the party system. He said that the Supreme Cayetano (A) Nacionalista Court had ruled that no one, not even the majority, Cayetano (P) Nacionalista can claim a fraction of a seat He recalled that in Marcos Nacionalista a 1960 case it decided, the Supreme Court nullified Villar Nacionalista and voided the rejection of the confirmation of a Sotto NPC Cabinet member because there was a problem with Legarda NPC the membership of the CA. He stated that his plea Defensor Santiago People's Refonn Party was just a request to hold in abeyance the nominee Enrile Puwersa ng Masang for the 12th seat, saying it is unfair to take away the Pilipino seat from Senator Arroyo simply because he belonged Ejercito Estrada Puwersa ng Masang to the Minority. He stressed that the Supreme Court Pilipino should decide the matter. Lacson United Opposition Trillanes United Opposition Senate President Enrile pointed out that when he raised the question, Senator Cayetano (A) made a motion Had there been no arrangement among the to make himself a member of the CA to represent senators, Senator Cayetano (A) stated that the CA the Minority, a matter that should be put to a vote. seats would have been apportioned as follows: Lakas, two; LP, two; NP, two; NPC, one; PMP, one; and But Senator Cayetano (A) argued that the the United Opposition, one for a total of nine members, Majority and Minority simply elect their members to M r WEDNESDAY, AUGUST 18, 2010 249

the CA through manifestations. He added that if Body puts it to a vote, it would mean that there was no one was really trying to muzzle the Opposition, an objection. the Body would accept his manifestation. He said that there were talks that he should not sit in But Senator Sotto insisted that Senator Cayetano the CA as he was the Minority Leader but, he CAl made a motion, to which he had to object. In pointed out, as the lone Opposition in the Aquino response, Senator Cayetano CAl manifested that he Administration, then Senator Enrile sat in the CA would fight for his motion and that he would read to represent the Minority. He insisted that the jurisprudence pertinent to the instant issue which, issue was not really his election to the CA but the according to Senate President Enrile, has nothing assurance that the Nacionalista group can elect three to do with his membership in the CA. He added that members. He stated that following the agreement the Senate President even said that the Opposition with the NP president, he and Senator Pia Cayetano would not be silenced in the CA. were supposed to discuss the matter between themselves. He stated that he would agree to suspend At this point, Senator Cayetano CAl sought leave the session in order to talk about the membership anew to read his arguments which Senator Sotto but he would not budge from the podium and he turned down. In reaction, Senator Cayetano CAl would defend his position, welcome interpellations stressed that under the Rules, he has the right to and questions. He asserted that by tradition, no defend his motion because, in effect, the Majority senator can be removed from the podium or be were objecting to the nominees of the Minority. He prevented from speaking. stated that Senator Sotto cannot force the Body to vote on the matter right away. He said that he Senator Cayetano CAl clarified that he was not would speak for as long as he wants because he had just making a fuss over the matter, saying that it the floor. concerns a constitutional issue about check and balance, about how the Majority treat the Minority, Senator Sotto clarified that he was not objecting about a fraction of a seat that no one can claim to the nomination of Senator Cayetano CAl to the CA according to the Constitution. He stated that he was but to the nomination of the members of the Minority determined to plead his case today and was ready ahead of the members of the Majority. to bring forward his arguments. He expressed doubt that the issue would be voted upon today unless there Pertinent thereto, Senator Cayetano CAl stated was a compromise on the membership. He urged that during the 141h Congress, he read out the the Body to avoid going to the Supreme Court. In his nominees of the Minority to committees ahead of the three years as senator, he recalled that he had nominees of the Majority. Had Senator Arroyo been disagreed with his colleagues and has lost votes but a member of the Nacionalista Party, he said that he has always respected the will of the Majority. there would be no problem because the seats would be properly apportioned, but since Senator Arroyo Expressing doubt that a senator would want to was not a member of the party, he was not supposed yield his right to speak, Senator Cayetano CAl stated to read the latter's name. He stated that he would that other senators may, one day, have just cause to proceed to read jurisprudence pertinent to the issue stand up and fight for what they believe in. He said to enlighten everyone and if it turns out he was that it is the tradition in the Senate to respect wrong about the whole thing, he would take his seat Members who wish to do so and that cloture should but if what he reads turn out to be correct, Senator not be applied. Sotto would have to nominate eight members instead of nine. Saying that he wanted to put things in proper order, Senator Sotto recalled that Senator Cayetano Senator Sotto appealed to Senator Cayetano CAl CAl moved to elect the members of the Minority to to yield and allow him to nominate the members of the CA, a motion that the Body has to dispose of the Majority to the CA. unless it was being withdrawn. Senator Cayetano CAl pointed out that precisely, Senator Cayetano CAl explained that he was the Minority were not being given the right to making a manifestation as he wanted to read into the nominate their members to the CA. He charged that record the names of the nominees. He said that if the the Majority even took the 0.5 seat of Senator Arroyo. /J.I ~ 250 WEDNESDAY, AUGUST 18, 2010

Senate President Enrile observed that Senator as Majority Floor Leader of the House of Cayetano CA) was accusing the Majority of taking Representatives of the Congress of the the seat of Senator Arroyo and, on the other hand, Philippines; HON. JOVITO SALONGA, as Ex­ the Lakas Party of Senator Lapid was also saying Oficio Chairman of the Commission on Appointments; HON. ROQUE R. ABLAN, JR., that the Minority was getting his seat. He asked HON. LORNA 1. VERANO-YAP, HON. whether the basis of the nominations was on the MIGUEL ROMERO, HON. ANTONIO V. party system or majority-minority groupings. He said CUENCO, HON. ROGACIANO M. MERCADO, that other senators do not belong to dominant political HON. ALAWADIN T. BANDON, JR., HON. parties, so the seats cannot be apportioned on the JOSE 1. CABOCHAN, HON. CARLOS R. basis of party affiliation because the CA membership IMPERIAL, HON. MA. CLARA L. LOBREGAT, cannot be constituted in that manner. HON. NATALIO M. BELTRAN, JR., HON. CARMELO J. LOCSIN & HON. LUIS C. Senator Cayetano CA) clarified that he was just SINGSON, as Members ofthe Commission on reacting to the statement about give-and-take when, Appointments for the House of Representatives of the CONGRESS OF THE PHILIPPINES, in fact, no such thing happened. respondents. Senate President Enrile stated that he assumed Perfecto V. Fernandez, Jose P. Fernandez and the responsibility of forming the membership of the Cristobal P. Fernandez for petitioners. Senate in the CA and during the caucus, the senators Panganiban, Benitez, Barinaga & Bautista Law decided to determine the membership on the basis of Offices for Lorna L. Verano-Yap. groups and they should abide by it. He said that GRINO-AQUINO, .1.: Senator Cayetano CA) can question the Body's act before the Supreme Court, if he wanted to. The congressional elections of May 11, 1987 resulted in the election to the House of Senator Sotto maintained that there was a give­ Representatives of the candidates of diverse and-take because Senator Cayetano CA) was given political parties such as the PDP-Laban, Lakas the chance to read into the record the names of ng Bansa (LB), Liberal Party (LP), NP-Unido, Kilusan ng Bagong Lipunan (KBL), Panaghiusa, the Minority's nominees. Kababaihan Para sa Inang Bayan (KAIBA), and some independents. Petitioner Anna Dominique Taking off from the statement of the Senate M.L. Coseteng was the only candidate elected President Enrile, Senator Cayetano CA) stated that under the banner of KAIBA. there should be a 100% consensus that the groupings would be followed and on that basis, since the On August 26, 1987, the House of Represent­ atives, upon nomination by the Majority Floor Nacionalista group has seven members, it is entitled Leader, Congo Francisco Sumulong, elected from to 3.5 seats. But, he argued that the Supreme Court the Coalesced Majority, eleven (II) out of twelve had already ruled that no one can claim the 0.5 seat, (12) congressmen to represent the House in the so he did not name Senator Arroyo. Commission on Appointments. They were:

To bolster his arguments, Senator Cayetano read 1. Hon. Miguel Romero LP (Liberal Party) the following Supreme Court decisions, to wit: 2. Hon. Antonio V. Cuenco LB-Panaghiusa 3. Hon. Rogaciano Mercado LB (Lakas ng Bayan) Republic of the Philippines 4. Hon. Raul Daza LP SUPREME COURT 5. Hon. Alawadin T. Bandon Jr. PDP-Laban Manila 6. Hon. Jose Cabochan PDP-Laban 7. Hon. Lorna L. Verano-Yap LP ENBANC 8. Hon. Carlos R. Imperial IND G.R. No. 86649 July 12, 1990 9. Hon. Ma. Clara L. Lobregat IND 10. Hon Natalio M. Beltran, Jf. LBfUnidolNP ANNA DOMINIQUE M.L. COSETENG and II. Hon. Cannelo J. Locsin PDP-Laban/LB KABABAIHAN PARA SA INANG BAY AN, (pp. 115-116, Rollo.) petitioners, vs. On September 22, 1987, upon nomination of the HON. RAMON V. MITRA, JR., as speaker of Minority Floor Leader, the House elected the House of Representatives of the Congress of Honorable Roque Ablan, Jr., KBL, as the twelfth the Philippines; HON. FRANCISCO SUMULONG, member of the Commission on Appointments, Ii,v WEDNESDAY, AUGUST 18, 2010 251

representing the Coalesced Minority in the that their election to that Commission violated House. the constitutional mandate of proportional representation because: A year later, on September 16, 1988, the "Laban ng Demokratikong Pilipino" (LDP, for brevity) I) the New Majority (158 LDP members out of was organized as a political party. As 158 out of the 202 members of the House) is entitled to 202 members of the House of Representatives only nine (9) seats out of the twelve to be formally affiliated with the LDP, the House filled by the House (p. 29, Rollo); committees, including the House representation 2) the members representing the political parties, in the Commission on Appointments, had to be or coalitions thereof, must be nominated by reorganized. their respective political parties or coalitions; On October 8, 1988, petitioner Coseteng wrote a 3) the nomination and election of respondent letter to Speaker Ramon Mitra requesting that as Verano-Yap by the respondents as represent­ representative of KAIBA, she be appointed as a ative of the minority was clearly invalid member of the Commission on Appointments (p. 31, Rollo); and and House Electoral Tribunal (p. IS, Rollo). Her request was endorsed by nine (9) congressmen, 4) that similarly invalid was the retention of namely, Hon. Lally Laurel-Trinidad, Bonifacio respondent Ablan as Minority member in the Gillego, Luz Reyes Bakunawa, Gerardo Cabochan, Commission because he was neither nomi­ Jose D. Aspiras, Oscar Santos, Eduardo N. nated nor elected as such by the minority Joson, Antonio H. Cerilles and Isacio Pelaez. party or parties in the House (p. 31, Rollo). On December 5, 1988, the House of Represent­ Petitioner Coseteng further alleged that she is atives, on motion of the Majority Floor Leader qualified to sit in the Commission on Appoint­ and over the objection of Congo Raul A. Daza, ments as a representative of the Minority because LP, revised the House majority membership in she has the support of nine (9) other congressmen the Commission on Appointments to conform and congresswomen ofthe Minority (p. 31, Rollo). with the new political aligmnents by replacing Rep. Raul A. Daza, LP, with Rep. Luis C. In their collective Comment, the respondents Singson, LDP, as follows: House of Representatives, the Speaker, the Majority Floor Leader, the members of the I. Han. Miguel L. Romero LDP Commission on Appointments including 2. Han. Antonio V. Cuenca LDP Congressman Roque R. Ablan, but excluding 3. Han. Rogaciano M. Mercado LDP Congresswoman Lorna Verano-Yap (who filed a 4. Han. Alawadin T. Bandon, Jr. LDP separate Comment), alleged: (I) that the legality 5. Han. Jose L. Cabochan LDP of the reorganization of the Commission on 6. Han. Carlos R. Imperial LDP Appointments is a political question, hence, 7. Han. Maria Clara L. Lobregat LDP outside the jurisdiction of this Court to decide, 8. Han. Natalia M. Beltran, Jr. LDP and (2) that in any case, the reorganization was 9. Hon. Carmela J. Loc,in LDP "strictly in consonance with Section 18, Article 10. Han. Luis C. Singson LDP VI of the 1987 Constitution" i.e., on the basis of II. Han. Lorna L. Verano-Yap LP proportional representation of the political (p. 122, Ro{{o.) parties, considering the majority coalition "as a form of a political party" (pp. 115, 118, Rollo). Congressman Ablan, KBL, was retained as the They further alleged that as of March 3, 1989, 12th member representing the House minority. 160 members of the House (including 26 former On February I, 1989, Congresswoman Coseteng Liberals) had expressly renounced in writing and her party, the KAIBA, filed this Petition for their respective political party affiliations and Extraordinary Legal Writs (which may be formally affiliated with the LDP leaving only 15 considered as a petition for quo warranto and Liberals in the House (p. 119, Rollo). After its injunction) praying this Court to declare as null petition for registration as a political party was and void the election of respondent Ablan, granted on August 28, 1989 by the First Division Verano-Yap, Romero, Cuenco, Mercado, Bandon, of the COMELEC) and affirmed on November 23, Cabochan, Imperial, Lohregat, Beltran, Locsin, 1989 by the COMELEC en bane, the LDP become and Singsoll, as members of the Commission on the new Majority in the House. They finally Appointments, to enjoin them from acting as argued that as KAIBA is part of the Coalesced such and to enjoin also the other respondents Majority which supports the administration of from recognizing them as members of the President Corazon C. Aquino, not of the minority, Commission on Appointments on the theory petitioner is bound by the choice of the " r 252 WEDNESDAY, AUGUST 18, 2010

Coalesced Majority of the members who would and not the wisdom, of the manner of filling the sit in the Commission on Appointments. Commission on Appointments as prescribed by the Constitution" is justiciable, and, "even if the Representative Lorna Verano-Yap, in her question were political in nature, it would still comment alleged that the petitioner has no better come within our powers of review under the light than those already selected, to be chosen expanded jurisdiction conferred upon us by as a member of the Commission on Appoint­ Article VIII, Section 1, of the Constitution, which ments because: (I) the Constitution was not includes the authority to determine whether violated in electing Yap and eleven (II) other grave abuse of discretion amounting to excess or House members to the Commission on lack of jurisdiction has been committed by any Appointments; (2) respondent Yap is a rightful branch or instrumentality of the government." incumbent; and (3) petitioner's claim to a seat on the Commission on Appointments is without The composition of the House membership in legal and factual basis (pp. 217-218, Rollo). the Commission on Appointments was based on proportional representation of the political The Commission on Appointments took a neutral parties in the House. There are 160 members of stand on the petition as the issues involved may the LDP in the House. They represent 79% of the touch on the validity of its organization and the House membership (which may be rounded out legality of the entitlement of the LDP or the LP to 80%). Eighty percent (80%) of 12 members in to representation, which are raised in the case of the Commission on Appointments would equal Daza vs. Singson, G.R. No. 86344, then pending 9.6 members, which may be rounded out to ten before this Court (pp. 195-198, Rollo). (10) members from the LDP. The remaining two The issue here is whether the members of the seats were apportioned to the LP (respondent House in the Commission on Appointments were Lorna Verano-Yap) as the next largest party in chosen on the basis of proportional the Coalesced Majority and the KBL (respondent representation from the political parties therein Roque Ablan) as the principal opposition party as provided in Section 18, Article VI ofthe 1987 in the House. There is no doubt that this Constitution which reads: apportionment of the House membership in the Gommission on Appointments was done "on the Sec. 18. There shall be a Commission on basis of proportional representation of the Appointments consisting of the President political parties therein." of the Senate, as ex ojicio Chairman, twelve Senators, and twelve Members The other political parties or groups in the of the House of Representatives elected House, such as petitioner's KAIBA (which is by each House on the basis of propor­ presumably a member also of the Coalesced tional representation from the political Majority), are bound by the majority's choices. parties and parties or organizations Even if KAIBA were to be considered as an registered under the party-list system opposition party, its lone member (petitioner represented therein. The chairman of Coseteng) represents only .4% or less than 1% the Commission shall not vote, except in of the House membership, hence, she is not case of a tie. The Commission shall act entitled to one of the 12 House seats in the on all appointments submitted to it within Commission on Appointments. To be able to thirty session days of the Congress claim proportional membership in the Commis­ from their submission. The commission sion on Appointments, a political party should shall rule by a majority vote of all the represent at least 8.4% ofthe House membership, Members. (Art. VI, 1987 Constitution.) i.e., it should have been able to elect at least 17 congressmen or congresswomen. After deliberating on the petition and the comments of the respondents, we hold that the The indorsements of the nine (9) congressmen petition should be dismissed, not because it and congresswomen in favor of the petitioner's raises a political question, which it does not, but election to the Commission are inconsequential because the revision of the House representation because they are not members of her party and in the Commission on Appointments is based on they signed identical indorsements in favor of proportional represeutation of the political her rival, respondent Congresswoman Verano~ parties therein as provided in Section 18, Article Yap. VI of the 1987 Constitution. There is no merit in the petitioner's contention The "political question" issue was settled in that the House members in the Commission on Daza vs. Singson, G.R. No. 86344, December 21, Appointments should have been nominated and 1989, where this Court ruled that "the legality, elected by their respective political parties. The , r WEDNESDAY, AUGUST 18, 2010 253

petition itself shows that they were nominated 1988, the chamber elected a new set of by their respective floor leaders in the House. representatives consisting of the original They were elected by the House (not by their members except the petitioner and including party) as provided in Section 18, Article VI of the therein respondent Luis C. Singson as the Constitution. The validity oftheir election to the additional member from the LDP. Commission on Appointments - eleven (II) The petitioner came to this Court on January 13, from the Coalesced Majority and one from the 1989, to challenge his removal from the Com­ minority - is unassailable. mission on Appointments and the assumption of WHEREFORE, the petition is dismissed for lack his seat by the respondent. Acting initially on of merit. Costs against the petitioner. his petition for prohibition and injunction with SO ORDERED. preliminary injunction, we issued a temporary restraining order that same day to prevent both Fernan, C.l., Narvasa, Melencio~Herrera, the petitioner and the respondent from serving in Gutierrez, Jr., Cruz, Paras, Feliciano, Gancayco, the Commission on Appointments. Padilla, Bidin, Cortes, Medialdea and Regalado, IJ., concur. Briefly stated, the contention of the petitioner is that he cannot be removed from the Commission Sarmiento, J., took no part. on Appointments because his election thereto is permanent under the doctrine announced in Republic of the Philippines Cunanan v. Tan. His claim is that the reorganiz­ SUPREME mURT ation of the House representation in the said Manila body is not based on a permanent political realignment because the LDP is not a duly ENBANC registered political party and has not yet attained G.R. No. 86344 December 21, 1989 political stability. REP. RAUL A. DAZA, petitioner, vs. At this juncture, Senator Zubiri relinquished REP. LUIS C. SINGSON and HON. RAOUL V. the Chair to Senate President Pro Tempore Ejercito VICTORINO IN THE LATTER'S CAPACITY Estrada. AS SECRETARY OF THE COMMISSION ON APPOINTMENTS, respondent. For his part, the respondent argues that the CRUZ,J.: question raised by the petitioner is political in nature and so beyond the jurisdiction of this After the congressional elections of May II, Court. He also maintains that he has been 1987, the House of Representatives proportion­ improperly impleaded, the real party respondent ally apportioned its twelve seats in the Commis­ being the House of Representatives which sion on Appointments among the several changed its representation in the Commission on political parties represented in that chamber, Appointments and removed the petitioner. including the Lakas ng Bansa, the PDP-Laban, Finally, he stresses that nowhere in the Consti­ the NP-Unido, the Liberal Party, and the KBL, in tution is it required that the political party be accordance with Article VI, Section 18, of the registered to be entitled to proportional represent­ Constitution. Petitioner Raul A. Daza was among ation in the Commission on Appointments. those chosen and was listed as a representative of the Liberal Party. In addition to the pleadings filed by the parties, a Comment was submitted by the Solicitor On September 16, 1988, the Laban ng Demo­ General as amicus curiae in compliance with an kratikong Pilipino was reorganized, resulting in a order from the Court. political realignment in the House of Represent­ atives. Twenty four members of the Liberal Party At the core of this controversy is Article VI, formally resigned from that party and joined the Section 18, of the Constitution providing as LDP, thereby swelling its number to 159 and follows: correspondingly reducing their former party to Sec. 18. There shall be a Commission on only 17 members. Appointments consisting of the President On the basis of this development, the House of of the Senate, as ex officio Chairman, Representatives revised its representation in the twelve Senators and twelve Members of Commission on Appointments by withdrawing the House of Representatives, elected the seat occupied by the petitioner and giving by each House on the basis of propor­ this to the newly-formed LDP. On December 5, tional representation from the political 254 WEDNESDAY, AUGUST 18, 2010

parties and parties or organizations Party could nominate only three members and registered under the party-list system could not also fill the other two seats pertaining represented therein. The Chairman of to the minority. the Commission shall not vote, except in By way of special and affirmative defenses, the case of a tie. The Commission shall act on all appointments submitted to it respondents contended inter alia that the subject within thirty session days of the of the petition was an internal matter that only Congress from their submission. The the Senate couId resolve. The Court rejected this argument, holding that what was involved was Commission shall rule by a majority not the wisdom of the Senate in choosing the vote of all the Members. respondents but the legality of the choice in Ruling first on the jurisdictional issue, we hold light of the requirement of the Constitution. The that, contrary to the respondent's assertion, the petitioners were questioning the manner of filling Court has the competence to act on the matter at the Tribunal, not the discretion of the Senate in bar. Our finding is that what is before us is not doing so. The Court held that this was a a discretionary act of the House of Represent­ justiciable and not a political question, thus: atives that may not be reviewed by us because it is political in nature. What is involved here is Such is not the nature of the question the legality, not the wisdom, of the act of that for determination in the present case. chamber in removing the petitioner from the Here, we are called upon to decide Commission on Appointtnents. That is not a whether the election of Senators political question because, as Chief Justice Cuenco and Delgado by the Senate, as Concepcion explained in Tanada v. Cuenco. members of the Senate Electoral Tribunal, upon nomination by Senator '" the term "political question'! Primicias-member and spokesman of the connotes, in legal parlance, what it party having the largest number of means in ordinary parlance, namely, a votes in the Senate-behalf of its Com­ question of policy. In other words, ... it mittee on Rules, contravenes the consti­ refers "to those questions which, under tutional mandate that said members of the Constitution, are to be decided by the Senate Electoral Tribunal shall be the people in their sovereign capacity, chosen "upon nomination ... of the or in regard to which full discretionary party having the second largest number authority has been delegated to the of votes" in the Senate and hence, is Legislature or executive branch of the null and void. The Senate is not clothed Government." It is concerned with with "full discretionary authority" in the issues dependent upon the wisdom, not choice of members of the Senate legality, of a particular measure. Electoral Tribunal. The exercise of its In the aforementioned case, the Court was asked power thereon is subject to consti­ by the petitioners therein to annul the election of tutionallimitations which are claimed to two members of the Senate Electoral Tribunal of be mandatory in nature. It is clearly that chamber, on the ground that they had not within the legitimate province of the been validly nominated. The Senate then judicial department to pass upon the consisted of 23 members from the Nacionalista validity of the proceeding in connection Party and the petitioner as the lone member of therewith. the Citizens Party. Senator Lorenzo M. Tanada ... whether an election of public officers nominated only himself as the minority has been in accordance with law is for representative in the Tribunal, whereupon the the judiciary. Moreover, where the majority elected Senators Mariano J. Cuenco. legislative department has by statute and Francisco Delgado, from its own ranks, to prescribed election procedure in a given complete the nine-man composition of the situation, the judiciary may determine Tribunal as provided for in the 1935 Constitution. whether a particular election has been in The petitioner came to this Court, contending conformity with such statute, and parti­ that under Article VI, Section II, of that Charter, cularly, whether such statute has been the six legislative members of the Tribunal were applied in a way to deny or transgress to be chosen by the Senate, "three upon on constitutional or statutory rights .. .' nomination of the party having the largest (1 6 C.J.S., 439; emphasis supplied) number of votes and three of the party having the second largest number of votes therein." As It is, therefore, our opinion that we have, the majority party in the Senate, the Nacionalista not only jurisdiction but also the duty, ., r WEDNESDAY, AUGUST 18, 2010 255

to consider and determine the principal view that respondent Commission on issue raised by the parties herein." Elections not being sought to be restrained from performing any specific Although not specifically discussed, the same act, this suit cannot be characterized as disposition was made in Cunanan v. Tan as it other than a mere request for an advisory likewise involved the manner or legality of the' opinion. Such a view, from the remedial organization of the Commission on Appoint­ law standpoint, has much to recommend ments, not the wisdom or discretion of the it. Nonetheless, a majority would affirm House in the choice of its representatives. the original stand that under the In the case now before us, the jurisdictional circumstances, it could still rightfully be objection becomes even less tenable and treated as a petition for prohibition. decisive. The reason is that, even if we were to The language of Justice Laurel fits the assume that the issue presented before us was case: "All await the decision of this political in nature, we would still not be Court on the constitutional question. precluded from resolving it under the expanded Considering, therefore, the importance jurisdiction conferred upon us that now covers, which the instant case has assumed and in proper cases, even the political question. to prevent multiplicity of suits, strong Article VII, Section I, of the Constitution clearly reasons of public policy demand that provides: [its] constitutionality ... be now resolved.' Section I. The judicial power shall be It may likewise be added that the vested in one Supreme Court and in exceptional character of the situation such lower courts as may be established that confronts us, the paramount public by law. interest, and the undeniable necessity for ruling, the national elections being Judicial power includes the duty of the barely six months away, reinforce our courts of justice to settle actual contro­ stand. It would appear undeniable, versies involving rights which are therefore, that before us is an appro­ legally demandable and enforceable, priate invocation of Qur jurisdiction to and to determine whether or not there prevent the enforcement of an alleged has been a grave abuse of discretion unconstitutional statute. We are left with amounting to lack or excess of jurisdic­ no choice then; we must act on the matter. tion on the part of any branch or instrumentality of the Government. Coming now to the more crucial question, the Court notes that both the petitioner and the The respondent's contention that he has been respondent are invoking the case of Cunanan v. improperly impleaded is even less persuasive. Tan to support their respective positions. It is While he may be technically correct in arguing best, therefore, to make a quick review of that that it is not he who caused the petitioner's case for a proper disposition of this one. removal, we feel that this objection is also not an insuperable obstacle to the resolution of this In the election for the House of Representatives controversy. We may, for one thing, treat this held in 1961, 72 seats were won by the proceeding as a petition for quo warranto as the Nacionalista Party, 29 by the Liberal Party petitioner is actually questioning the and I by an independent. Accordingly, the respondent's right to sit as a member of the representation of the chamber in the Commission Commission on Appointments. For another, we on Appointments was apportioned to 8 members have held as early as in the Emergency Powers from the Nacionalista Party and 4 from the Cases that where serious constitutional Liberal Party. Subsequently, 25 members of the questions are involved, "the transcendental Nacionalista Party, professing discontent over hnportance to the public of these cases demands the House leadership, made common cause with that they be settled promptly and definitely the Liberal Party and formed what was called brushing aside, if we must, technicalities of the Allied Majority to install a new Speaker procedure." The same policy has since then and reorganize the chamber. been consistently followed by the Court, as in Included in this reorganization was the House Gonzales v. Commission on Elections, where we representation in the Commission on Appoint­ held through Chief Justice Fernando: ments where three ofthe Nacionalista congress­ In the course of the deliberations, a men originally chosen were displaced by three serious procedural objection was raised of their party colleagues who had joined the Allied Majority. jI' by five members of the Court. It is their r 256 WEDNESDAY, AUGUST 18,2010

Petitioner Carlos Cunanan's ad interim registered in accordance with Article IX-B, appointment as Deputy Administrator of the Section 2(5), in relation to the other provisions of Reforestration Administration was rejected by the Constitution. He stresses that the so-calJed the Commission on Appointments as thus party has not yet achieved stability and suggests reorganized and respondent Jorge Tan, Jr. was it might be no different from several other thereafter designated in his place. Cunanan then political groups that have died "a-bomin'," like came to this Court, contending that the rejection the UNA, or have subsequently floundered, like of his appointment was null and void because theUNIDO. the Commission itself was invalidly constituted.

The Court agreed. It noted that the Allied QUESTION OF QUORUM Majority was a merely temporary combination as the Nacionalista defectors had not disaffiliated Senator Sotto, acknowledging the very important from their party and permanently joined the new and constitutional issue being discussed, raised a political group. Officially, they were still members question of quorum. of the Nacionalista Party. The reorganization of the Commission on Appointments was invalid Senator Cayetano (A) expressed his full because it was not based on the proportional concurrence to the motion. representation of the political parties in the House of Representatives as required by the ADJOURNMENT OF SESSION Constitution. The Court held: ". In other words, a shifting of votes at There being no quorum, the Senate President a given time, even jf due to arrange~ Pro Tempore declared the session adjourned. ments of a more or less temporary nature, like the one that has led to the It was 5:23 p.m. formation of the so-calJed "Allied Majority," does not suffice to authorize a reorganization of the membership of I hereby certify to the correctness of the the Commission for said House. Other­ foregoing. wise the Commission on Appointments may have to be reorganized as often as votes shift from one side to another in the House. The framers of our Consti­ tution could not have intended to thus place a constitutional organ, like the Commission On Appointments, at the mercy of each House of Congress. The petitioner vigorously argues that the LDP is not the permanent political party contemplated in the Constitution because it has not been Approved on August 23, 2010