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Home , Danilo Suarez, Francis Escudero, Gwendolyn Garcia

89 CONGRESSWATCH

17th Congress ends 2016 with 2 enacted laws

When the 17th Congress adjourned last December 2016, a combined total of 6,664 bills and 933 resolutions were filed in the Senate and the House of Representatives. Only 2 bills were enacted into law.

oth the House of Representatives and the Senate formally adjourned last December 14, signaling the final session Bof the 17th Congress for the year 2016. The 2nd half of the year marked the first 5 months of the newly-elected legislature fresh from the grueling May 2016 National Elections, which saw the triumph of President . Since the commencement of the 1st Regular Session last July 25, lawmakers have filed several bills and resolutions, of both national and local significance, to fulfill and institutionalize the vision of Pres. Duterte in bringing “real change” to the . Statistics released by both Houses of Congress revealed that a combined total of 6,644 bills and 933 resolutions were filed during the initial months of the 17th Congress. Ofthe huge figure, only 2 bills were enacted into law: Republic Act (RA) No. 10923 or the Postponement of Barangay and SK Elections on the 4th Monday of October 2017 and R.A. No. of 2016. SB 1284 grants emergency powers to the President 10924 or the P3.35 trillion General Appropriations Act of 2017. and gives him the authority to appoint a Traffic Crisis Manager Under the leadership of Senate President Aquilino “Koko” that shall “have the opportunity to formulate, coordinate, and Pimentel III, the Senate Legislative Bills and Index Service implement land, air, and seaport traffic plans, projects and received 1,571 measures composed of 1,284 Senate Bills; programs.” Meanwhile, SB No. 1208 provides accountability 264 Senate Resolutions; 20 House Bills sent for concurrence; to public officials by institutionalizing public disclosure of and 3 House concurrent resolutions. Out of the thousand certain documents such as the Statement of Assets, Liabilities Senate bills filed, only 1 was enacted into law – Senate Bill and Networth (SALN) of the President, Vice President, Cabinet (SB) 1112 which became R.A 10923. Moreover, 95 bills have members, Congress and the Justices of the Supreme Court (SC). been acted upon by the Senators with 20 bills pending on Other significant bills that are pending on 2nd reading are SB 1184 the 2nd reading and 75 already consolidated or substituted or the Security of Tenure for all Casual and Contractual Employees in the committee reports (see table on Senate Bills Pending of the Government; SB 1256 or the Anti-Money Laundering on 2nd Reading). The remaining 1,188 bills are still pending Act; SB 1239 or the Philippine National Police Reorganization in their respective committees awaiting public hearing. Act; and SB 1280 or the Corporation Code of the Philippines. Among the 20 Senate bills pending on 2nd reading are the There were also 39 resolutions adopted by the Senate before crucial SB No. 1284 or the Traffic and Congestion Crisis Act the year ended. Most of these resolutions gave commendation and SB No. 1208 or the People’s Freedom of Information Act or recognition to athletes, organizations and public officials

Philippine ANALYST CONGRESSWATCH December 2016 90 CONGRESSWATCH

SENATE BILLS PENDING ON 2ND READING SENATE BILL NO. TITLE AUTHOR/S 452 Philippine Criminology Profession Act of 2016 Sen. 454 Philippine Occupational Therapy law of 2016 Sen. Antonio Trillanes

462 Speech Language Pathology Act of 2016 Sen. Antonio Trillanes; Sen.

812 Teaching Supplies Allowance Act of 2016 Sen. ; Sen. Sherwin Gatchalian Security of Tenure for all Casual and Contractual Employees of 1184 Sen. ; Sen. Antonio Trillanes; Sen. ; Sen. Ralph Recto the Government Sen. Gringo Honasan; Sen. Francis Pangilinan; Sen. ; Sen. ; Sen. Antonio Trillanes; Sen. JV Ejercito; Sen. ; Sen. Leila De 1208 People’s Freedom of Information Act of 2016 Lima; Sen. Loren Legarda; Sen. Miguel Zubiri; Sen. ; Sen. ; Sen. ; Sen. Risa Hontiveros Sen. Gringo Honasan; Sen. ; Sen. Grace Poe; Sen. Sonny Angara; Sen. 1210 Expanding Anti-Wire Tapping Act of 2016 Sen. Francis Pangilinan; Sen. Ralph Recto; Sen. ; Sen. Bam Aquino; Sen. 1233 Coconut Farmers and Industry Development Risa Hontiveros 1239 PNP Reorganization Act Sen. Panfilo Lacson Expanding the Coverage of Exemptions from Revealing Source 1255 Sen. Vicente Sotto; Sen. Antonio Trillanes of Information Obtained in Confidence Sen. Panfilo Lacson; Sen. Joel Villanueva; Sen. Bam Aquino; Sen. Francis Escudero; 1256 Anti-Money Laundering Act Sen. Richard Gordon Sen. Francis Pangilinan; Sen. Antonio Trillanes; Sen. Risa Hontiveros; Sen. Loren 1268 Government Physicians’ Salary Increase Legarda 1269 Philippine Food Technology Act of 2016 Sen. Antonio Trillanes; Sen. Loren Legarda 1271 Anti-Discrimination Act Sen. Risa Hontiveros 1277 Free Internet Access in Public Places Sen. Francis Pangilinan; Sen. ; Sen. Bam Aquino; Sen. Ralph Recto 1278 Trabaho Center in Schools Act Sen. Bam Aquino; Sen. Francis Escudero Sen. Gringo Honasan; Sen. Bam Aquino; Sen. Grace Poe; Sen. Miguel Zubiri; Sen. 1279 Pagkaing Pinoy Para sa Batang Pinoy Vicente Sotto; Sen. Loren Legarda Sen. ; Sen. Miguel Zubiri; Sen. Francis Escudero; Sen. Bam Aquino; Sen. 1280 Corporation Code of the Philippines Sonny Angara 1281 Sagip Saka Act Sen. Francis Pangilinan Sen. Franklin Drilon; Sen. JV Ejercito; Sen. Alan Peter Cayetano; Sen. Sherwin 1284 Traffic and Congestion Crisis Act Gatchalian; Sen. Ralph Recto; Sen. Miguel Zubiri; Sen. Grace Poe

6,644 bills and 933 resolutions were filed in the first 5 months of the 17th Congress.

who successfully represented and made significant impact for the of Business. These figures indicate that for the first 56 session country both in the domestic and international arena. Out of the days, the House was processing an average of 6 measures a day. 20 bills submitted by the House of Representatives to the Senate Out of the 63 approved measures, 18 were bills on their for concurrence, 18 are still pending at the committee level. 3rd and final reading; 11 were bills on 2nd reading; 2 bills On the other hand, the House of Representatives led by House enacted into law; and 32 adopted resolutions (see Table Speaker described their legislative performance on House Bills which passed the Final Reading). Notable for 2016 as “productive.” Upon adjournment, 6,029 measures bills of national significance which passed the 3rd reading composed of 5,360 bills and 669 resolutions were filed to the and submitted to the Senate for concurrence were House House Bills and Index Division. According to the Press and Public Bill (HB) 4144 or the Amendment of Section 145(c) of the Affairs Bureau of the House, 321 measures were processed overall National Internal Revenue Code of 1997, most commonly – 63 measures approved; 201 referred resolutions on inquiries; 53 known as Sin Tax Reform Law, through the implementation measures substituted or consolidated; and 4 measures in the Calendar of a 2-tier excise tax structure on cigarettes; HB 64 or the Act strengthening the compliance with occupational safety and health (OSH) standards, by requiring the creation of OSH

Philippine ANALYST CONGRESSWATCH December 2016 CONGRESSWATCH 91 house bills which passed the final reading (national significance only) HOUSE BILL NO. TITLE PRINCIPAL AUTHOR/S An Act Authorizing The Court to Require Community Service in Lieu of 335 Rep. Marlyn Primicias-Agabas Imprisonment for the Penalty of Aresto Menor An Act Prescribing Stricter Penalties on the Crime of Delivering Prisoners 1344 Rep. Romeo Acop from Jail and Infidelity in the Custody of Prisoners An Act Mandating Higher Educational Institutions and Techno-Vocational Reps. Bellaflor Angara-Castillo, Evelina Escudero, Ann Hofer, Arlene Institutions to Ensure the Safety and Security of the Academic Community 4100 Arcillas, Lorna Bautista-Bandigan, Jose Belmonte, Aniceto Bertiz, From Internal and External Threats, thereby Creating a Crime Prevention Winston Castelo, (27 authors) Committee for This Purpose An Act Mandating the Government to Pay the Capital Gains Tax and the Reps. Dakila Cua, Pantaleon Alvarez, Joey Salceda, and Lianda 3955 Documentary Stamp Tax Due in Addition to the Just Compensation of Real Bolilia Property in the Exercise of the State’s Power of Eminent Domain An Act Declaring January 23 of Every Year A Special Working Holiday 477 in the Entire Country to Commemorate the Declaration of the First Rep. Jose Antonio Sy-Alvarado Philippine Republic An Act Allowing Home Economic Graduates to Teach Home Economics 416 Subjects and Home-Economics-Related Technical Vocational Subjects in Rep. Evelina Escudero All Public and Private Elementary and Secondary Educational Institutions An Act Excluding From the Application of the Indeterminate Sentence 336 Reps. Marlyn Primcias-Agabas and Gloria Macapagal-Arroyo Law Those Convicted of Criminal Offenses Against a Minor An Act Strengthening the Compliance with Occupational Safety and Reps. Karlo Nograles, Jericho Nograles; Emmeline Aglipay-Villar; 64 Health Standards and Providing Penalties for Violations Thereof Emmi De Jesus, Arlene Brosas, Strike Revilla, (32 authors) An Act Amending Section 145c of the National Internal Revenue Code or Reps. Eugene De Vera, Dakila Cua, Fredenil Castro, Raneo Abueg, 4144 the Sin Tax Reform Law Frederick Abueg; Sharon Garin; Jericho Nograles (30 authors)

The House of Representatives was processing an average of 6 measures a day.

structure in all workplace and strict imposition of penalties for House Committee approves Death Penalty Bill non-compliance; and HB 477 or an Act declaring January 23 of every year as a special working holiday for the entire country to The House Committee on Justice has approved a substitute commemorate the declaration of the First Philippine Republic. bill calling for the reinstatement of the death penalty in the The Joint Resolution 10, which calls for the increase in the Philippines. Plenary debates on the measure will happen monthly pension of Social Security System (SSS) pensioners was in January 2017. part of the 11 measures approved in 2nd reading. One of the 32 resolutions adopted by the House is Resolution 105 which refers The return of capital punishment in the country has inched to the committee report on the much-publicized Justice Committee closer to becoming a law at the House of Representatives. Voting hearing on the proliferation of drugs inside the National Bilibid 12-6-1, the House Committee on Justice passed House Bill (HB) Prison and the alleged involvement of Senator No. 4727, a substitute bill for the restoration of the death penalty in the drug trade. Pending on 2nd reading and plenary debates for certain heinous crimes committed in the country (See Table on is the substitute bill for HBs 1, 16, 513, 3237, 3239, 3240 and House Committee on Justice Voting on the Death Penalty Bill). 3418 or the re-imposition of death penalty for heinous crimes. The bill is now pending on 2nd reading and is expected to draw The legislative performance of the 17th Congress in intense plenary debates between its proponents and the opposition. 2016 points to a huge number of bills and resolutions filed 2nd District Representative Reynaldo Umali, by lawmakers in both Houses of Congress. However, the Chairman of the Justice Committee, presided over the meeting. quantity of measures filed or passed should not be the priority. All bills proposing the re-imposition of death penalty What matters most is that the bills which are critically were initially referred to the sub-committee on judicial needed such as the Freedom of Information (FOI) Bill and reforms chaired by 3rd District Rep Vicente Veloso. Granting of emergency powers to the President, are passed The sub-committee organized and conducted public hearings to usher in good governance and development in the country. involving stakeholders from the government, civil-society organizations and religious groups to discuss this critical issue.

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In total, 7 bills were consolidated to form HB No. 4727. hh Unlawful prescription of dangerous drugs; and These were HB 1 filed by 11 lawmakers including House hh Misappropriation, misapplication or failure to properly Speaker Pantaleon Alvarez, Majority Floor Leader Rodolfo account confiscated, seized and/or surrendered dangerous Fariñas and Minority Floor Leader ; HB 16 by drugs. Muntinlupa City Rep. Rufino Biazon; HB Nos. 513 and 3418 These activities are not limited to drugs or the final product by 2nd District Rep. Ace Barbers; and HB alone. It also covers precursors, essential chemicals, instruments Nos. 3237, 3239 and 3240 by Rep. Ruel Pacquiao. and paraphernalia involved in the manufacturing of illegal drugs. HB No. 4727 listed down the heinous crimes that can be However, not everyone who committed those heinous penalized by death. Among these are treason; qualified piracy; crimes will be penalized by death. Guilty individuals who qualified bribery; parricide; murder; infanticide; rape depending are below 18 years old or above 70 years of age at the time on when and how it is committed; kidnapping and serious illegal of committing the criminal act will be spared. The death detention; robbery with violence against or intimidation of person; penalty will also not be executed when majority vote of the destructive arson; plunder; planting of evidence; and carnapping. Supreme Court (SC) justices is not reached during an appeal or Corresponding drug-related activities would also merit capital review of the case. Convicted individuals who belong to these punishment. These are: exemptions will incur a penalty of “reclusion perpetua” instead. hh Importation of dangerous drugs; The substitute bill specified 3 methods on how the death hh Sale, trading, administration, dispensation, delivery, penalty can be carried out. This could be in the form of hanging, distribution and transportation of dangerous drugs; firing squad or lethal injection. The Director of the Bureau of hh Maintenance of a den, dive or resort where dangerous drugs Corrections (BuCor) is tasked to ensure that the conduct of any of are being used or sold; these methods will cause “instantaneous death” to the convicted person. Execution of the death sentence will be done strictly within hh Manufacturing of dangerous drugs; 12 to 18 months, after the final judgment in the case has been made. hh Cultivation of plants classified as dangerous drugs;

house committee on justice voting on the death penalty bill

Voted in Favor of HB No. 4727 Voted Against HB No. 4727 Abstained

1. Majority Floor Leader Rodolfo Fariñas 1. COOP-NATCCO Rep. Anthony Bravo 1. Rep. Kaka Bag-ao 2. Deputy Speaker Fredenil Castro 2. City 6th District Rep. Jose Christopher 3. Deputy Speaker Belmonte 4. Deputy Speaker Sharon Garin 3. 4th District Rep. Juliet Ferrer 5. 3rd District Rep. Arthur Defensor Jr. 4. 1st District Rep. Lawrence Fortun 6. 4th District Rep. Juan Pablo Bondoc 5. Rep. Ramon Rocamora 7. An Waray Party-List Rep. Victoria Noel 6. Bayan Muna Party-List Rep. Carlos Zarate 8. Leyte 2nd District Rep. Henry Ong 9. Compostela Valley 2nd District Rep. Ruwel Gonzaga 10. 1-Care Party-List Rep. Carlos Uybarreta 11. Leyte 3rd District Rep. Vicente Veloso 12. 1st District Rep. Divina Yu

Source: House of Representatives

House Bill 4727 calls for the re-imposition of death penalty in the Philippines

Death sentence can be carried out through hanging, firing or lethal injection

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Proponents of the re-imposition of the death penalty argue and not the re-imposition of death penalty, that will restore that criminals and drug lords who commit heinous crimes have respect for the rule of law in the country”, Sen. Pangilinan said. been detrimental to the society. Rep. Veloso even compared these Framers of the 1987 Constitution abolished the death criminals to Satan. “If the person in front of you is Satan himself, penalty but included a provision that the Congress could restore give the government the option to kill him”, Rep. Veloso asserted it if circumstances justify. It was brought back during the in Filipino. Majority Floor Leader Fariñas also cited Section Ramos administration in 1993 when the 9th Congress passed 19, Article III of the 1987 Constitution that allows Congress Republic Act 7659 or the Death Penalty Law which prescribed to activate the use of capital punishment in important cases. the use of electrocution and gas poisoning to individuals who The article states, “Excessive fines shall not be imposed, nor committed heinous crimes. In 1996, RA 8177 was passed cruel, degrading or inhuman punishment inflicted. Neither shall to amend the mode of death sentence into lethal injection. death penalty shall be imposed, unless, for compelling reasons Under the presidency of Gloria Macapagal-Arroyo in 2006, involving heinous crimes, the Congress hereafter provides for it.” RA 9346 was approved, repealing both RA 7659 and 8177, On the contrary, members of the opposition stressed that prohibiting the imposition of the death penalty in the country. the Justice committee rushed the approval of the bill to favor The House of Representatives has postponed the plenary President Rodrigo Duterte’s campaign promise to bring back debates for the death penalty bill until the resumption of the death penalty in support of his war against illegal drugs. the 1st Regular Session in January 2017. Rep. Umali said “There is no clear evidence or study presented that would the decision was made to give way to more extensive justify death penalty as an effective deterrent to crime”, Dinagat deliberations on the proposed measure, given its controversy. Islands Rep. Kaka Bag-ao claimed. Bayan Muna Party-List Rep. Several bills calling for the reinstatement of capital Carlos Zarate also explained that the death penalty is anti-poor, punishment were also filed in the Senate. However, Senate “seldom if ever at all that the rich, elite and the influential people President Aquilino Pimentel III explained that unlike the swift have been made to suffer the penalty of death in this country.” movement of the bill at the House of Representatives, the Senate In a statement, Senator Francis Pangilinan emphasized that will only start the discussion on the proposed measures in 1Q2017. fixing the justice system should be given more importance. Meanwhile, Sen. Franklin Drilon revealed that Liberal Party (LP) “It is swift punishment and the immediate disposition of cases members at the Senate will strongly oppose the death penalty bill. pending before our courts, regardless of penalties involved,

Philippine ANALYST CONGRESSWATCH December 2016