REPUBLIC OF THE PHILIPPINES Senate Pasay City

Journal

SESSION NO. 14 Wednesday, August 23,2006

THIRTEENTH CONGRESS THIRD REGULAR SESSION SESSION NO. 14 Wednesday, August 23,2006

CALL TO ORDER to see my sin better and to be able to rise aRer each of my grievous falls without At 3:30 p.m., the Senate President Pro Tempore, despairing. Hon. Juan M. Flavier, called the session to order. Praised may You be, my God and Savior! PRAYER Amen. Sen. Jinggoy Ejercito Estrada read the prayer prepared by Sen. Alfredo S. Lim, to wit: DEFERMENT OF ROLL CALL

Lord, we turn to You to seek again Your Upon motion of Senator Pangilinan, the Body help and guidance and to fill our hearts with deferred tlie roll call to a later hour. courage and faith so that we remain steadfastly honest and prudent in the performance of our DEFERMENT OF APPROVAL daily undertaking, more so in the crafting of laws geared towards the improvement of our people's OF THE JOURNAL weal, peace and comfort. Upon motion of Seiiator Pangilinan, there being Lord, help us to love one another, not only no objection, the Body deferred the consideration today but for the days of our lives. Teach us to and approval of the Journal of Session No. 13 to a overcome the heartaches, setbacks and dis- appointments we encounter daily in the exercise later hour. of our functions by being humble, patient and kind. Teach us also to always keep our DEFERMENT OF THE composure and temper that may arise out of REFERENCE OF BUSINESS debates and intellectual disagreements. In praising and thanking You, let us echo Upoii motion of Seiiator Pangilinau, there being what has been prayed by an unknown soldier: no objection, tlie Body deferred the Reference of Business to a later hour. Lord, I asked You for help to be more effective on earth. You gave me SUSPENSION OF SESSION weakness of the body so that I would rely on You than on myself. Upon motion of Senator Drilon, tlie session was Praised may You be, my God and suspended. Savior! Lord, I asked You for a tine intell- It was 3.33 p.m. igence so that I might better understand the world and succeed in life. You gave RESUMPTION OF SESSION me struggling memory and a slow mind so that You may open Your mysteries to At 3:35 p.m., the session was resumed. me through humility. Praised may You be, my God and PRIVILEGE SPEECH OF SENATOR DRILON Savior! Lord, I asked You that I might Availing himself of the privilege hour, Senator become a saint. You gave me the grace Drilon delivered the following speech: #l" 192 WEDNESDAY, AUGUST 23,2006

AN ECOLOGICAL TIME BOMB We are now facing an environmental scourge. My esteemed colleagues, we have an environmental disaster in our midst! The oil spill destroys the food supply chain. On August 11, 12 days ago, at almost the Millions of Filipinos who are dependent on the same hour, 4:OO in the afternoon, M/T Solar-I, an fishing industry for their economic survival, oil tanker, sank 16 nautical miles southwest off particularly in my region, Region VI, will stand to Guimaras Island. The Philippine Coast Guard lose their livelihood resulting in widespread reported that the tanker, owned and operated by hunger and suffering throughout the land. Sunshine Maritime Development Corporation, Premier tourist destinations in the country sunk below 900 meters of seawater. Bound for like the world-famous Boracay will be destroyed the Napocor-Western Mindanao Power Corpora- if the almost two million liters will be spilled out tion in Zamboanga City, the tanker was cawing by the tanker. 2,162,230 liters of industrial fuel oil or blinker oil worth about P40 million. The oil spill will create an environmental winter that will have irreversible damage on This is the most damaging environmental mangroves, coral reefs and other breeding disaster our country has experienced so far. This grounds of our marine life. is the Philippine version of the infamous EXYON YALDEZ oil spill in Alaska way back in 1989. Twelve days have come and gone since the Every second counts! The initial 350,000 tanker sunk. What has been done so far? It was liters of oil spilled by the tanker, which could only yesterday - eleven days affer the oil spill already fill up around 7,000 cars, have already - that a task force was created, of which our affected three towns and 20 barangays in colleague, Senator Dick Gordon, is a member. Guimaras,* 300 kilometers of coastline, 26,000 Except for the belated creation of the Task Force, people dependent on fishing, 500 hectares of we have not heard even a whimper from mangroves, 60 hectares of seaweed plantations, Malacaiiang. It was only the Philippine Coast swamps, coral reefs and tourist destinations. Guard, the local government of Guimaras and Moreover, the oil sheens cover 13 nautical miles the media by their lonesome which acted on this. of the sea. As of the latest Philippine Coast Even with limited resources, the Philippine Coast Guard report, the spillage has already enveloped Guard responded quickly. From its meager the province of Guimaras and is threatening the resources, it has already spent over P15 million provinces of Iloilo and Negros Occidental in on fuel alone. However, this colossal task of Region VI. Sadly, the oil spill has already claimed mitigating the catastrophic consequences calls the life of a fisherman in Nueva Valencia, province for greater financial, technical and human of Guimaras, the town worst hit. Remelio Dalida resources. died of cardio-respiratory arrest from inhaling the This very alarming environmental disaster fumes from the oil sludge outside his home. should move this government, Petron and Time is of the essence. The tanker spills Sunshine Maritime Development Corporation around 100 to 200 liters of oil per hour, or more with a sense of urgency to harness all their than 3,600 liters per day. This is more alarming resources, considering that this will affect the because the grave consequences are too great lives of millions of Filipinos today and for for our country to handle. generations to come. However, the impression that the public gathers is that Petron is evasive As of the moment, the sunk tanker is a and is, up to now, on a denial mode. ticking time bomb because more than 1,800,000 liters of black oil, enough to fill up around 36,250 The questions that linger in our mind are:

cars, is still down there in the holds of the tanker. ~~ Where is the contract between Sunshine and The danger of the nine'holds to rupture and Petron? Why is this not being made public up to break, consequently releasing millions of liters of this time? Is there an insurance coverage for this bunker fuel into the sea, will not only cause kind of liabilities? untold losses in this country, as it will cover the Visayan region, Luzon and other parts of We need to see concrete actions. We can Mindanao, depending on the currents. It will debate later on the liability of Petron and also create an environmental contagion in the Sunshine Maritime Development Corporation. countries in the Pacific rim. However, it is interesting to note that the financial records of Sunshine Maritime Development Corporation show that it has no *As corrected by Seniltor Pangilinan on August 28, 2006 financial capability to respond to this ecological f P WEDNESDAY, AUGUST 23,2006 193

disaster. As of 2004 - since it has not filed any This is an accident that is bound to happen. financial statement for 2005 with SEC - And it is not going to be the last one. Sunshine’s total assets is only P9.4 million, of which transportation equipment alone already Hence, the DENR should have a plan to costs P7.2 million -and that may have already address massive oil spills or other environmental sunk. Its liabilities amounted to P4.6 million and disasters. If it does not have any yet, I am asking in 2004, it posted a net profit of P106,790. In the the DENR.to draw up a comprehensive plan now previous years, it was losing consistently. Given because this will not be the last environmental those figures, we can already surmise that this disaster we are going to see in our lifetime. corporation has no capacity to compensate the This disaster also magnifies the weaknesses victims of the oil spill or pay for the environ- in the technical capability of the Philippine mental damage. Coast Guard. Since we are an archipelago, it is Incidentally, there is reason to examine the imperative that we strengthen our Philippine equity stmcture of Sunshine Maritime Development Coast Guard which, as of now, is woefully under- Corporation since from the records of the SEC, it funded and ill-equipped. would appear that aliens could be - I am not Lastly, the President should take the lead in saying they are - in control of the corporation, seeking the assistance of international agencies in violation of our laws. The paid- up capital of and our allies to help us by sharing their advance this corporation per records of the SEC is P5.5 knowledge and experience in preventing and million. Of this amount, P4 million was addressing environmental disasters such as this. contributed by four Japanese nationals and only PI .5 million by Philippine nationals. This disaster, which has damaged the lives and properties of our people, should move us all But as I said, we cannot debate at this point into action. as to who is liable. That can come later. The immediate retrieval of the remaining oil cargo of We must remember that this oil spill -this nearly two million liters at about 600 meters at environmental time bomb -is a weapon of mass the bottom of the sea is of utmost priority. This destruction in our midst. If the nearly two million is an issue of paramount national interest. liters of oil inside the tanker will spill out, it has Therefore, the President must act immediately. the power to destroy hundreds of thousands of marine species and wreak havoc in the lives of The President must allocate and promptly millions of Filipinos. release from the contingency and calamity fund the much-needed money to hire experts and We must ask for an immediate hearing salvage teams, purchase the needed equipment, of the Committee on Environment and Natural draw up a total strategy that will stop the Resources not to find fault but to strategize spillage and remove the tanker, and assist the and plan remedial actions to address this local govern-ments of Guimaras, Iloilo and disaster. I hope that in the committee hearings, Negros Occidental. we can examine more carefully the obligations of Sunshine and Petron under the 1992 Inter- According to latest news reports, Malacaiiang national Convention on Civil Liability for Oil had released P20 million for the three provinces Pollution Damage and the 1992 International of Guimaras, lloilo and Negros Occidental. The Convention on the Establishment of an Inter- Philippine Coast Guard had requested PI00 million national Fund for Compensation for Oil Pollu- as a projected cost of cleaning-up operations tion Damage, which treaties we have ratified alone, not counting the damage that was done to way back in the Tenth Congress. the livelihood of our people in Western Visayas. The Guimaras oil spill is only forcing us The President must take the lead in mitigat- to take a painful close look at the state of our ing this environmental catastrophe. For as long waters and shipping industry. We are learning as the tanker remains down there, 84 million many lessons from this experience: Filipinos are facing an environmental threat with cataclysmic proportions every minute. 1) Ships plying Philippine waters are still single-hulled, whereas ships around the This is both an environmental and human- world have converted to double hull in itarian disaster, therefore, it needs comprehensive compliance with the requirements of the solution. More than cleaning up the spillage, we Convention on the Safety of Lives and have to put in place programs to help the affected Property at Sea, otherwise, known as the communities, particularly those in Guimaras and “SOLAS Convention.” The Philippines is the families there to get back to their normal lives. a signatory to this convention..4o*P 194 WEDNESDAY, AUGUST 23,2006

The Philippines is helpless against oil spills My dear colleagues, it is our solemn duty and other maritime environmental disasters. to protect this generation and generations yet Two weeks have passed, yet the action taken unbom from any environmental scourge that on the Guimaras oil spill, which grows wider threatens their safety and security. We must be and spreads further each day, is a slow and a nation which has environmental integrity. manual cleanup done by volunteers. The result that we have so far is a list of residents We should remember the proverb that goes: getting sick, and as I said earlier, already a "We do not inherit the Earth from our ancestors, casualty attributed to the exposure to bunker we borrow it from our children. " fuel fumes. INTERPELLATION We are vulnerable to oil spills yet we have OF SENATOR CAYETANO done nothing to update ourselves on the latest technology available to quickly contain oil spills and effectively cleanup our waters Senator Cayetano echoed the concern of in case of contamination. Senator Drilon on the Guimaras oil spill. She said that in the press statement she released earlier, she Every time there is a major maritime disaster, had pointed out that while private entities are among the immediate reaction is turn to foreign countries for advice, for expertise, for those principally responsible for the disaster, the analysis, for equipment, and for technology. government cannot simply wait for these entities to We have not invested anything to develop produce the funds and for foreign aid to come in our own expertise, our own technology and while valuable marine life and livelihood of people equipment so that the Philippines may become are being destroyed. She stressed that time is of the self-reliant in managing its maritime essence as she described the oil spill as a time bomb environment. ticking under the sea. Ship owners, ship captains, ship engineers are investigated but rarely sanctioned for Senator Cayetano informed the Body that the their violations. Our Board of Marine Industry Committee on Environment and Natural Resources or BMI and the Special Board of Marine has already scheduled a hearing for Monday, Industry are authorized to investigate August 28, at 12:30 p.m. She said that she would be maritime incidents and accidents but not going to Guimaras during the weekend to conduct empowered to impose sanction on those an ocular inspection. determined to be responsible for maritime mishap investigated. At this point, Senator Cayetano provided Highly technical maritime cases are filed information on similar disasters: the Exxon Valdez oil with regular courts, which have very limited spill involved 10,000,000 gallons; the Bouchard Barge exposure to maritime laws, policies and oil spill in Buzzards Bay, 98,000 gallons; North Cape, regulations. As a result, maritime cases are Rhode Island oil spill, 828,000 gallons; Huntington treated as mere tort cases leaving maritime violations unpunished. This hampers our Beach, California oil spill, 400,000 gallons. She pointed growth as a maritime jurisdiction and even out that the Exxon Valdez oil spill cleanup cost stunts the growth of our shipping industry. $351 per gallon. She predicted that the Guimaras It is about time we looked into the establish- oil spill cleanup would cost between $4 million at ment of maritime courts. $8 per gallon and $175 million at $351 per gallon. The Philippines is a signatory to numerous Senator Drilon confirmed that Malacaliang has maritime treaties and conventions, yet released P20 million and that the Philippine Coast corresponding domestic and municipal laws Guard had already spent PI4 million. have not been drawn to implement such conventions in our territorial waters. Senator Cayetano said that tlie government should have learned a valuable lesson from the These learning points tell us that we have largely ignored our-maritime development and we Semirara disaster that happened a few months ago. are now paying the price of such neglect. As a She pointed out that the oil spill in Guimaras would country blessed with maritime resources and continue to move with the weather changes, thereby surrounded by vast waters, we must take affecting more provinces, and she warned that immediate action to correct this situation in order 24 hours of moving is already a recipe for disaster. to strengthen our position as a maritime country. In this regard, she opined that this may be the timeK P WEDNESDAY, AUGUST 23,2006 195

to consider the inclusion of sea vessels in the coverage INTERPELLATION OF SENATOR ENRILE of the Biofuels Act, pointing out that the Guimaras disaster illustrates the detrimental effects of oil on Senator Enrile stated that under maritime laws, marine resources. there are requirements for cargo vessels with respect to their construction: those carrying white products Senator Drilon emphasized that time is of the should be single-hulled and those carrying black essence as the sunken vessel spills 100 to 200 liters products should be double-hulled. He asked whether of oil per hour or approximately 3,600 liters of the sunken vessel was single-hulled or double-hulled. oil a day, depriving thousands of families of their Senator Drilon replied that it was a single-hulled livelihood. He questioned the kind of priority that vessel like all the other vessels that ply Philippine government is giving to environmental concerns, waters. He said that there is no law that requires noting that it took the government 12 days to double-hulled vessels for the transport of oil products. release P20 million to the three provinces. He urged the government to act quickly, pointiug out that Senator Drilon confirmed that it is a standard the President’s contingent atid calamity funds requirement that only double-hulled vessels are were precisely designed to respond to unforeseen allowed to move black products like crude, the same disasters. requirement imposed by the Convention on thc Safety of Life and Property at Sea, to which tlie Philippines Senator Cayetano stated that the main objective is a signatory. But he noted that all ships plying of the committee hearing on Monday is to find Philippine waters are single-hulled. He suggested immediate solutions to the problems. Senator Drilou that the query as to why single-hulled vessels are said that the Senate should put more pressure on the tolerated to move products that are pollutants be government and Petroii to respond more meaningfully raised in the public hearing on the oil spill. than what they are doing now. Senator Enrile stressed that an internatioual Senator Cayetano noted that P700 million treaty, once ratified, becomes a law of the land from the calamity fund is usually released when which must be faithfully executed by ageucies there are typhoons and other similar calamities. obligated to enforce it. She said that Malacafiang should wake up to the fact that the Guiinaras oil spill is a calamity which In reply to further queries, Senator Drilon stated needs to be addressed with urgency. She informed that the Maritime Industry Authority (Marina) is the the Body that after the Semirara oil spill, the government agency in charge of the enforcement of Committee on Environment and Natural Resources the SOLAS. He surmised that age must be a factor proceeded to consolidate three major bills iiito why the hull of the vessel was pierced since the the Ship Pollution Prevention Act which, among tanker was built in 1988. But he conceded that others, provides for tlie creation of an oil spill questions as to the condition of the vessel might be liability fund and the increase in penalties for marine difficult to answer at this time when the vessel is pollution. under the sea.

Asked whether Petron or Sunshine Maritime On the responsibility of Petron and all other oil Development Corporation has already released an companies in the country in contracting single-hulled environmental guarantee fund which is required by vessels for the movement of their black product, the DENR, Senator Drilon stated that he was uot Senator Drilon admitted that he had not gone into a aware of any such fund release. He believed that detailed study of liabilities because the immediate Sunshine Maritime Development Corporation does concern was to prevent a more disastrous environ- not have the money, considering that P7.2 million in mental damage should the two million liters of pure transportation equipment of its total asset of P9.4 oil be spilled into the sea. He disclosed that he, million has sunk iiito the sea. himself, had raised the issue of why the contract between Petron and Sunshine Corporation has not Senator Cayetano urged tlie govermnent to move been made public to date. with urgency and release the money in order to address the problem, without excusing any of the Senator Enrile contended that Petron knew it private entities from liability. was liable for the oil spill when it contracted a siugle-R 196 WEDNESDAY, AUGUST23,2006

hulled vessel, considering that Saudi Aramco has on whether the tanker is covered by a third-party decades of experience in moving its cargo around the liability insurance. world using double-hulled vessels. To the statement that Petron, or Saudi Aramco for that matter, should Finally, Senator Enrile moved that the oil spill be be made responsible for the cost of the sea pollution, exposed to a legislative inquiry. Senator Drilon agreed. He believed that making public tlie contract between the oil company and the INTERPELLATION OF SENATOR ANGARA owner of the tanker might shed light on the liabilities of all parties. At the outset, Senator Angara agreed with Senator Drilon that the country has an ecological On Marina’s deafening silence about the incident, bomb ready to explode and that time is of the Senator Enrile suggested that Marina officials be essence. Noting Senator Drilon’s description of the called to a Senate bearing and grilled on its negli- dilly-dallying in the government’s response, the almost gence. He underscored that the maritime officials criminal use of a single-hulled vessel contrary to law, could not invoke executive privilege as national and the less than forthright information provided by security was not involved; on the contrary, tlie Petron, he agreed that the country indeed is facing public has tlie right to know how its national interest an ecological disaster. was prejudiced. Senator Angara then cited the World Bank study On another matter, asked about the equity of the on the Philippine coastal waters, to wit: corporation which owns the vessel, Senator Drilon informed the Body that oftlie PI0 million subscribed The Philippine coastal waters contain some shares, P6 million is subscribed by Filipinos while of the most diverse ecosystems in the world. It P4 million is subscribed by tlie Japanese but in terms is the center of marine biodiversity in the world. of paid subscription, the Japanese group of four lias The Philippines has 36,289 kilometers of fully paid the P4 million while the Filipino group lias coastline, one of the longest in the world. The only paid P1.5 million. He agreed to the observation annual economic benefits from the Philippine coastal ecosystems are estimated at P180 billion that the corporation could be a dummy and the or US$3.5 billion. It is estimated that one square inquiry could be expanded to look into this issue. kilometer of coral reefs generates an average P2.5 Replying to a further query, he disclosed that the six million or US$50,000 from fishing and tourism. Filipino incorporators are Dionisio Farolan, Gregorio As a whole, Philippine coral reefs contribute at Flores, Clemente Cancio, Roberto Mena and Angelita least P70 billion or P1.4 billion annually to the Buenaventura. He confirmed that Clemente Caiicio economy, or about 1.4% of GDP. with address at 953 Coiicepcion Aguila St., Quiapo, Manila, is the president of tlie corporation. Senator Angara said according to the Department of Agriculture’s Bureau of Fisheries and Aquatic Asked whether tlie Philippines has tlie technology Resources, at least six fish sanctuaries in Guimaras to salvage tlie vessel, Senator Drilon replied in the Island, Negros Occidental, and Paiiay are now at negative. He informed the Body that the vessel is risk: tlie Tuyu Reef in Nueva Valencia, 600 hectares; submerged at an estimated 1,800 feet to 3,000 feet. tlie La Paz Fish Sanctuary in Nueva Valencia, He requested time to compute the pressure per 10 hectares; the Pamakulan Island Fish Sanctuary in square inch. Sibunag, 350 hectares; the Tumalimtimaii Point Fish Sanctuary in San Lorenzo, Guimaras; the Sagay On whether there has been any experience Marine Sanctuary in Negros Occidental; and the in the world where retrieval was possible, Senator U.P. Taklong Marine Station in Guimaras. Drilon cited the Norwegian technology that was used to retrieve tlie oil cargo content of a vessel at a In reply to further queries, Senator Driloii depth of 3,000 feet but he requested time to provide confirmed that 300,000 liters of nearly 2,000,000 more information on the matter. As to the architectural liters of oil has so far spilled into tlie sea at the rate plan of the vessel, he confirmed that tlie Coast Guard of 100 to 200 liters per hour, or tlie total spillage of lias a copy of the plan and there is no question that more than 2,000,000 liters of oil in less than a month the vessel is single-hulled. However, he noted that if left unabated. Further, he confirmed tlie estimate Petron has not been forthright in providing information that tlie entire Visayan region - which is one WEDNESDAY, AUGUST 23,2006 197

richest sources of fish and marine resources in the Asked if there is an ongoing project to rehabilitate country -would be covered by the oil spill. Semirara, Senator Drilon replied in the affirmative. However, he said that he could not tell how much is In view thereof, Senator Angara pointed out that being spent for the rehabilitation and repair work. given the magnitude of the disaster, the government Recalling NPC’s claim that it spent P80 million for could not afford to wait longer for aid or technical the cleanup, Senator Angara disclosed that it only assistance to come. He surmised that the use of a moved fast to clean up the oil spill after he sent the submersible robot or a cable retriever, which Chairman U.P. marine team to Semirara to investigate and Payumo claims to be operated by an Australian in spoke on the floor denouncing NPC’s lack of zeal Subic, might help lift the sunken vessel. and its delay in responding to tlie crisis. Senator Drilon stated that the Guimaras oil spill is many times Senator Gordon interjected that while Subic greater than the 364,000-liter oil spill in Semirara that indeed has booms, skimmers, and a maritime is equivalent to just one hold of the ten holds of the rescue capability as a result of a trainiug program tanker that still contains nearly two million liters of oil. conducted by a Norwegian company, it does not have the kind of robotic capability announced by Senator Angara lamented that there are lessons Chairman Payumo. He said that he wanted to put to be learned but people have never learned, in view tlie record straight so as not to give false hopes to of the fact that the Guimaras oil spill happeued less people. Adding that there is too much damage at than a year after the Semirara oil spill. He said that stake and some people would try to grandstand, he has not seen any action from either tlie Executive he underscored the need to give people the right branch or Congress to prevent a similar accident. information. He said that tlie team that the Coast He reminded the Body that international agreemeuts Guard sent to Subic would confirm just what kind are not self-executing and would require implementing of equipment is available. domestic legislation. He noted that there is no clear- cut remedy in law to go against polluters, considering Replying to other queries, Senator Drilon how tortuous a road one travels when he pursues an affirmed that aside from heavy damage to the fish action in tort, which does not provide full and quick industry, the oil spill had also affected 500 hectares relief to the victims. In view thereof, he recommended of mangrove in Guimaras alone, which comprises that the Body immediately tackle the bills on oil spill 5% of the existing mangrove in the country. and damage to prevent the recurrence of the disaster. Senator Drilon agreed that despite the ratification of Asked on the possibility of a quick response the International Convention on Civil Liability for Oil to the disaster, Senator Drilon said that he heard Pollution and the International Convention on the the spokesperson of Petroii say in an interview five Establishment of an International Fund for Compen- days ago that experts would be coming in three days. sation for Oil Pollution Damage, Congress has not He said that the government, on the other hand, passed any domestic legislation to implement the has already formed a task force with Senator conventions; thus, urgent public hearings and proposed Gordon as a member and has released P20 million. legislation would be most beneficial to the people. He, however, agreed to the observation that the government has no clear-cut direction and appears ROLL CALL to be hopeless in seeking solutions to prevent Upon direction of the Chair, the Acting Secretary, further spillage. Emma Lirio-Reyes, called the roll, to which the following senators responded: Asked 011 the cost of cleaning up the Semirara oil slick that destroyed hundreds of mangroves and Augara, E. J. Gordon, R. J. beaches and threatened to spill over to Boracay, Biazon, R. G. Lacson, P. M. Senator Drilon said that it took six months to clean up Cayetano, C. P. S. Madrigal, M. A. the spill of a mere barge. He said that the NPC spent Defensor Santiago, M. Osmefia 111, S. R. quite a bit of money in hiring a local company to do Drilon, F. M. Pangilinan, F. N. the cleanup. In the case of the Guimaras oil spill, lie Ejercito Estrada, J. Pimentel Jr., A. Q. said that inhabitants and other volunteers are doing Ejercito Estrada, L. L. P. Recto, R. G. tlie cleanup manually in the absence of help from Enrile, J. P. Revilla Jr., R. B. government. Flavier, J. M. 198 WEDNESDAY, AUGUST 23,2006

With 18 senators present, the Chair declared the involving the seaworthiness of vessels and the like, presence of a quorum. and determine the entity responsible for certain sea mishaps. The DOTC, he said, ,should be tasked to Senators Arroyo and Lapid arrived after the roll ensure the seaworthiness of a particular vessel. call; the latter, however, was inside the session ball Senator Drilon expressed support for this cause, before the roll was called. saying that regular courts have very limited exposure to maritime laws. Senator Roxas was on official mission. Senator Biazon wondered whether the reason Senator Lim was absent. behind the President’s creation of a task force to address this particular concern is the inability of Senator Magsaysay was inside the session hall concerned agencies to perform their mandated tasks. before the roll was called. Senator Drilon pointed out the problem of putting one bureaucracy on top of the other which, in many INTERPELLATION OF SENATOR BIAZON instances, causes inaction.

Senator Biazon stated that since the Philippines In reply to further queries, Senator Drilon said is a signatory to a treaty where ships or vessels that that the National Disaster Coordinating Council transport oil or fuel are required to be double-hulled, (NDCC) is the lead agency of the task force which Congress should enact an enabling law before 2008 shall focus on mitigating the effects of the oil spill when the treaty would take effect so that even the and not on determining the liability of any agency. inter-island vessels transporting similar substances would also be required to be double-hulled. Senator Senator Biazon expressed the need for Cougress Drilon stated that he would examine the requirement to reexamine existing laws in order to determine the for double-hulled vessels very carefully, given the entity responsible for the sea mishap. archipelagic nature of the country and the possible increase in transport costs as well. On another query, Senator Drilon stated that Petron is the charterer of WTSolav-I, owned by On whether there is any requirement for the Sunshine Corporation. examination of the seaworthiness of oil tankers and the like, Senator Drilon stated that the matter, which Senator Biazon said that the worst scenario is within the Marina’s jurisdiction, should be raised would be Petron putting the blame on Sunshine when the officials appear before the proper committee. Corporation which could not provide the money. Senator Drilon stated that it would be interesting Senator Biazon expressed concern that the to find out if Petron’s exemption from liability is Marina does not have the capability, in terms of provided for in the contract. He said that Petron personnel and facilities, to perform the mandated officials would be cited for contempt if they refuse to task of ensuring the safety of life at sea so that it appear before the proper committee. has to seek assistance of the Coast Guard, an arrangement that dissipates the focus of responsibility. Asked how much share the government owns Senator Drilon said that Congress should look into in Petron, Senator Drilon replied that it is 40%. the Marina’s budgetary appropriation.

INTER PEL LA TI ON^ ~ OF^ SENATOR MADRIGAL Senator Biazon said that Cougress should also look into the assignment of particular tasks to particular In reply to Senator Madrigal’s queries, Senator agencies. He stated that he has filed four separate Drilon stated that MTSolar-1 is a single-hulled vessel bills transferring the Philippine Coast Guard to the with a double bottom, with a length of 77 meters, Department of Transportation and Communications breadth of 11.6 meters, and draft of 4.8 meters. as a separate and distinct service, creating a national transportation safety board, ordaining the Maritime On whether the vessel is equipped with the crude Code of the Philippines, and consolidating admiralty oil washing (COW) system, Senator Drilon said that and maritime laws. He added that he would refile the it was not included in the vessel’s descriotion that bill creating admiralty courts which shall hear cases WEDNESDAY, AUGUST 23,2006 199

With regard to the total oil capacity of the tanker was saved or on the conditiou of the tanker vessel, Senator Drilon stated that lie would provide when it left port. However, Senator Madrigal said Senator Madrigal with a copy of the general that there were allegations that the Coast Guard specifications of tlie vessel. knew that the tanker was overloaded but allowed it to sail. She requested that she be furnished with In reply to further queries, Senator Drilon the copy of the Coast Guard report on the condition said that MT Solar-I is a tanker built in 1988 in a of the tanker when it left port. Senator Drilon said Japauese yard; it is Philippine-registered, manned by that the Coast Guard made a commitment to submit Filipinos and partly Japanese-owned. He added that the report. the vessel is single-screw and runs on diesel. As to the weather report that was submitted to Asked whether MT Solar-I has passed all the captain before tlie tanker left port, Senator Drilon surveys and obtained the required licenses, Senator replied that tlie report was made available at the Driloii said that presumably, it has passed the surveys time the tanker left the port in Limay, Bataan. conducted by tlie Marina and not by the Philippine Coast Guard. As to the reasons why tlie tanker capsized, Senator Drilon replied that it encountered heavy seas Noting that the ship was reinsured by its owner during its voyage and as a result, seawater eiitered with Stephens Insurance, Senator Madrigal asked its bow and flooded its chain locker which prompted why the Philippine government should be made to the captain to take shelter in Nueva Valencia in pay for the damages when it should be the insurance Guimaras from where, after the compartment was company. Senator Drilon replied that by the very dewatered, it resumed the voyage under unfavorable nature of things, disputes would arise and payment sea conditions; again, the tanker took in water that would be initially avoided. However, lie reiterated caused it to list on its starboard side; unable to that since time is of the essence, the government correct its position, it capsized and sank. should immediately act to stop the oil spill that poses an environmental problem without prejudice to the On whether the Coast Guard was informed that determination of liability at a later time. the tanker was leaviiig Nueva Valencia, Senator Driloii replied in the negative, as he stressed that it Senator Madrigal agreed with Senator Drilon, left under “force 6” condition in the Beaufort Scale. saying that she raised tlie question because supposing that WTSolar-I was also reinsured with tlie Lloyds Senator Madrigal expressed her appreciation to of London, the latter would immediately pay if there Senator Drilon for bringing the matter to the attention is a legitimate claim. However, she noted that there not only of the Senate hut also of the public. She are reports that the captain was not licensed to run believed that it should be subjected to deep scrutiny a tanker. Senator Drilon said that he has also read because the seaworthiness of the vessel was in the same information. question and the insurance company was unwilling to pay, an indication that certain facts were being Asked if tlie crew was qualified to handle a withheld. In this regard, she informed the Body that tanker, Senator Drilon replied that at present he has Mr. Tony Welsh, the owner of a company in Singapore, no information on tlie qualification of the crew. said that it has the equipment to immediately plug tlie hole in the ship, raise it and unload the bunker oil if As to the nature of tlie agreement between the Philippine government would guarantee the Petroii and Sunshine Corporation, Senator Drilon payment. Senator Drilon said that the Coast Guard stated that Petroii has not been very forthright in was aware of this matter and the owner of the ship making a public disclosure of its arraugemeiits with knew of the availability of tlie service company. tlie corporation, thus, all of these things would have to be looked into during the hearings as he expressed Senator Madrigal expressed hope that the efforts hope that Petroii officials would uot invoke executive to salvage the vessel would not be compromised, privilege. that the iuvestigation would be fully carried out, and all those responsible for the serious incident Upon further queries, Senator Driloii stated that would be brought to justice. Senator Drilon stated there is 110 iiiformation on whether the logbook of the that according to the Coast Guard, Smit 200 WEDNESDAY, AUGUST 23,2006

a Dutch company, lifted the vessel Ehirne Muru Senator Gordon informed the Body that Petron from a depth of 600 meters in 2001. offered to survey tlie area with a submersible to find the exact location of the tanker and that tlie goverinent INTERPELLATION OF SENATOR GORDON lias sought foreign expertise. Senator Drilon confinned that the exact location of the tanker is unknown and At the onset, Senator Gordon asked on tlie that there are no scanners available to pinpoint the effects of the oil spill on the marine resources in tlie exact location. area. Senator Drilon replied that it would have a devastating effect because the oil sheen, which had Asked which government agency is responsible already spread to about 30 kilometers, would prevent for maritime safety, Senator Drilon replied that it tlie sunlight from penetrating tlie sea, thereby depriving is Marina. He clarified that Marina conducts the plants and corals of nutrients. He warned that tlie oil inspections of vessels and tlie Coast Guard responds spill could lead to the disappearance of important to disasters. marine species in the area. Senator Gordon observed that oil companies like As to the effects of the oil spill on tourism, Petron aiid Sliell have tlie corporate responsibility Senator Driloii said that if two million liters of oil to ensure that their products are shipped safely. spilled out into tlie sea, it would reach Boracay, He disclosed that tlie Oil Companies International adding that several resorts in Guiinaras have already Marine Forum (OCIMF), a voluntary association of oil been affected. companies, follows standards under tlie Ship Inspec- tion Reporting Programme (SIRE), Senator Drilon Senator Gordon expressed concern that if stated that the Coast Guard was not aware of the tlie spread of the oil sheen was not immediately group's existence. controlled, it would adversely affect tlie livelihood of the fislierfolk, tlie fishing and related industries Senator Gordon posited that Marina, which deals in Guimaras and the nearby provinces of Iloilo, with vessels and checks the standards for the shipping Panay and Negros. He expressed support for tlie industry, should be aware of tlie group. He suggested effort of Senator Drilon to highlight tlie incident to that it would also be to tlie advantage of Marina create a deep sense of urgency in view of the fact to adopt some of the standards of the OCIMF to that no serious massive effort is being undertaken prevent such disasters. Senator Drilon agreed. twelve days after the oil spill occurred. Senator Gordon asserted that tlie capability of Asked who should be made responsible for the the goverliment is not only hampered by material oil spill, Senator Drilon reiterated that the immediate aiid technical constraints but also the lack of political concern is how to stop 3,600 liters of oil from spilling will. Senator Drilon stressed that there is a need into the open sea everyday. He stated that the for government to check its priorities, noting that President should order tlie immediate release of there is always a knee-jerk reaction when disasters P1.5 billion from her contingent and calamity funds occur. Senator Gordon added that officials are for tlie cleanup without prejudice to seeking appointed to positions with tremendous responsibility reimbursement from Petron and insurance adjusters but are more concerned with their titles. He under- later on. scored that these officials should be the first to point out that regulations are insufficient or proper Asked whether tlie national government lias equipment is unavailable. They can be blamed for tlie capability to protect the country's maritime and negligence or for failure to anticipate what the marine resources from oil spills, Senator Drilon agency needs, he said. He maintained that efforts replied that everytime a major maritime disaster should be made to maintain tourism as well as occurs, the immediate reaction of tlie Executive is to provide agencies tlie badly needed equipment. to seek the advice and assistance of international Senator Drilon agreed. agencies. He lamented that tlie government has not invested anything in tlie development of its own Asked how many double-hulled vessels there are capability or expertise towards self-reliance in the in the couutry, Senator Drilon replied that for domestic inanageinelit of Philippine maritime environment and shipping, there is none since it is too expensive for marine resources. the shipping compauy to operate such vessels. .e"P WEDNESDAY, AUGUST 23,2006 201

Senator Gordoii asserted that there is no one that since the oil spill is a national disaster, all govem- in the shipping industry who would want to squeal ment agencies as well as the Office of the President about the lack of facility and standards. When asked should come into play and make resources available'. who is in charge, he said, agencies like Marina He informed the Body the Coast Guard had spent and the Coast Guard point a finger at each other. its own resources which are not really designed to Senator Drilon argued that definitely, an investigation respond to disasters of such kind. into the incident would be in aid of legislation and the agencies could not invoke executive privilege. As to the status of the Coast Guard, Senator Drilon replied that the Coast Guard, under the Philippine INTERPELLATION OF SENATOR PIMENTEL Navy, was transferred to the Department of Trans- portation and Communications through an executive Preliminarily, Senator Pimentel stated that the order issued by then President Ramos. He explained oil spill is a matter that should concern everyone. that the move was made necessary because the He underscored the need to clean up the oil spill available official development assistance could not be in Guimaras that, if left unchecked, could affect extended to the Philippine Coast Guard as long as it the sea lanes in Panay, Cebu and eventually Northern was part of tlie AFP. Miudauao. Aside from conducting an investigation, he asked what else could be done about the disaster, Asked if the Philippine Coast Guard, as part of pointing out the need to establish who should be held the DOTC, requests appropriations from the govern- liable and what the government should do to remedy ment, Senator Drilon replied in the affirmative; tlie situation. Senator Drilon replied that for the past however, he recalled that several years back, the week, only tlie media, the Red Cross and the governor Coast Guard secured a vessel from Australia without of Guimaras have responded to the accident, thus, he the necessary budget cover and left government asserted that the only way to stir the entire government with the bill so the DOTC even had to realign machinery into action is to expose the matter to a allocations for airports in Cagayan de Oro for this public hearing and thereby pressure government and purpose. He agreed with the observation that it was Petron into devoting resources to provide an immediate an underhanded method of getting funding from the solution. He informed the Body that he had received government that should never have been done. reports that a company in Singapore is ready to move Assuming that the information he received so long as there are resources. was correct, Senator Pimentel queried whether the submersible remotely-operated vehicle (ROV) that is Senator Drilon maintained that the immediate supposedly owned by Malampaya Corporation could need is to siphon offtwo million liters of oil from the help in the oil spill cleanup in Guimaras as he added sea and to save the environment. He pointed out that that there is also cable-retriever ship docked at Subic after tlie cleanup, the administration should identify Port. Senator Drilon said that the Coast Guard has who is liable for the damage, and seek reimbursement uot been informed about the submersible ROV and either from Petroil or the insurer. He pointed out that precisely, the hearing on the oil spill would be a good one of the functions of a legislator is to expose such opportunity to briug up the matter. issues to a public debate to put pressure on the concerned agencies but this was not being appreciated At this juncture, Senator Gordon pointed out that by the public because of MalacaRang propaganda Cable & Wireless owns a cable and wireless ship for against congressional investigations. Senator Pimentel retrieving cables underneath the ocean which the agreed, adding that the value of the debates would government could request for use in the cleanup. show the public the need for an investigation. However, he noted that the government would have to rent the vessel and hopefully, be recompensed by Noting that the disaster happened twelve days Petron and the owners of Sunshine Corporation. ago and so far, only the Coast Guard, the Red Cross aud tlie local goveriniieiit officials of Guimaras are On whether the Coast Guard could contact cleaning up the mess, Senator Pimentel queried if the Malainpaya Corporation to find out if it could use National Disaster Coordinating Council has done the submersible ROV even prior to the hearing, something about tlie accident. Senator Drilon revealed Senator Drilon said that Vice-Admiral Arthur that the NDCC is the lead agency of the recently Cosingan of the Coast Guard, who was present in created task force. He agreed with Senator Pimentel the session hall, has taken note of the suggestion.de 202 WEDNESDAY, AUGUST 23,2006

To the comment that cargo ships ought to be leaked in the Alaskan tundra, He pointed out that designed with double-bottoms to catch any leak British Petroleum stockholders are suing company coming from the first bottom, Senator Drilon stated executives who are apparently aware that the that WTSolar-I had double-bottoms. Senator Pimentel corrosion started years ago but who, in their desire to noted that if this was the case, Sunshine would have pump out profits, did not immediately replace the complied with the international requirement of corroded portion of tlie pipes. He posited that since insurability. Petron is a publicly-traded company, its shareholders could sue company executives if the latter were INTERPELLATION OF SENATOR OSMERA aware that WTSolur-I was not equipped to operate in heavy seas. At the outset, Senator Osmefia stated that the loss of livelihood for the fisherfolk for about a decade Asked whether the crew of WTSolar4 had or until the area's aquatic resources are replenished indeed advised the captain against sailing in bad is the biggest problem of the Arroyo administration. weather, Senator Driloii replied in the affirmative. Senator Drilon agreed aiid stressed that immediate He said that tlie fact that tlie captain decided to intervention is needed to prevent further spillage, resume the voyage under unfavorable sea conditions environmental damage aiid loss of livelihood. should be investigated.

Senator Osmelia noted that with the prevailing To tlie suggestion that the Committee on southwest monsoon, the oil spill is spreading to Ajuy Environment and Natural Resources look into the and Concepcion and will soon reach Sicogon in angle that drivers and pilots risk the lives of their Iloilo which are major fishing grounds of trawlers; passengers in exchange for bonuses for on-time consequently, the food supply would be affected and deliveries, Senator Drilon said that the Committee prices of fish, crabs, prawns, squids and other aquatic ought to look into tlie contract between Petron and products in Metro Manila markets would go up. Sunshine Corporation that has not been made public Moreover, he pointed out those making a livelihood despite requests from the media. from culturing bangus, prawn and crabs in Pontevedra, San Enrique, Valladolid, Pulupandan and Bag0 in Negros Senator OsmeRa also suggested that the internal Occidental would also be affected by the oil spill operations of Sunshine Corporation be investigated which has reached these areas. Senator Driloii agreed. to determine what bonuses were offered by tlie firm that might have motivated the captain to sail into the Asked whether Saudi Aramco, one of the largest stormy seas. oil companies in tlie world, which has access to technology and expertise to help the Philippines Asked why the Coast Guard is always being contain and clean up the oil spill, has been of ally designated as the lead agency for tlie oil spill cleanup assistance, Senator Drilon said he was not aware despite the presence of the National Disaster Coor- that the company has extended any aid. Moreover, dinating Couiicil (NDCC), Senator Drilon explained he said that Saudi Aramco has left tlie matter to tlie that the Coast Guard is the operating agency as it officials of Petron, such as Ms. Ruivivar, who has has the equipment, however minimal, for responding been responding to media interviews and not even to this kind of disaster, while the NDCC functions as Petrol1 chairman Nick Alcantara has not made any a coordinating body and provides directions for the statement. He believed that Petron officials were cleanup activities. either in denial, are washing their hands off the incident, or are speaking only under the advisement Upon further query, Senator Drilon said that of their counsel, a kind of behavior which, to him, funding for the cleanup would come from the was unacceptable. P700 million calamity fund and PSOO million contingent fund but so far only P20 million has been released. Senator Osmelia recalled that Exxon Corporation paid $2 billion in damages apart from assuming other Senator Osmelia pointed out that the Office of liabilities following the Exxon Valdez oil spill in the President has discretionary income from tlie Alaska, which is considered to be one of the biggest Philippine Amusemeut aiid Gaming Corporation oil spills in the world. Moreover, he said that British (Pagcor) and the Philippine Charity Sweepstakes Petroleum was slapped with a huge lawsuit by Office (PCSO) which can more than cover immediate residents of Alaska after its pipeline corroded and financial expenses for the cleanup. However, he df WEDNESDAY, AUGUST 23,2006 203

lamented that this $1 million to $2 million budget Introduced by Senator Miriam Defensoi would not be enough to purchase the materials Santiago needed to contain the oil spill or even carry out the almost impossible task of hauling the sunken vessel To the Committee on Trade and Commerce considering that it is about 300 fathoms or 600 meters underneath the ocean. Senator Drilon agreed. Senate Bill No. 2446, entitled

On whether the proposed P2 billion cut in the AN ACT GOVERNING ABANDONED supplemental budget could be set aside for the MOTOR VEHICLES AND DERELICT disaster cleanup and livelihood program for the MOTOR VEHICLES affected parties, Senator Drilon said that the Committee on Finance is looking into the possibility Introduced by Senator Miriam Defensor of tapping the P500 million standby fund for this Santiago purpose. He added that the committee report on the supplemental budget would be submitted next week. To the Committees on Public Order and Illegal Drugs; and Public Works SUSPENSION OF SESSION

Upon motion of Senator Pangilinan, the session ADDITIONAL REFERENCE OF BUSINESS was suspended. RESOLUTIONS It was 6:09 p.m. Proposed Senate Resolution No. 550, entitled RESUMPTION OF SESSION RESOLUTION DIRECTING AN INQUIRY, At 6:09 pm., the session was resumed. IN AID OF LEGISLATION, ON THE REPORTED PRESENCE REFERRAL OF SPEECH TO COMMITTEE OF ILLEGALLY HARVESTED LOGS IN THE PREMISES OF A Upon motion of Senator Pangilinan, there being PRIVATE RESORT AND FISHPOND no objection, the Chair referred the privilege speech ALLEGEDLY OWNED BY LINGIG, of Senator Drilon and the interpellations thereon SURIGAO DEL SUR MAYOR to the Coininittee on Environment and Natural ROBERTO LUNA JR. Resources.

APPROVAL OF THE JOURNAL Introduced by Senator Miriam Defensor Santiago Upon motion of Senator Pangilinan, there being no objection, the Body dispensed with the reading To the Committee on Environment and of the Journal of Session No. 13 and considered it Natural Resources approved. Proposed Senate Resolution No. 551, entitled REFERENCE OF BUSINESS RESOLUTION DIRECTING AN INQUIRY, The Acting Secretary read the following matters IN AID OF LEGISLATION, ON and the Chair made the corresponding referrals: THE REPORTED DEATHS DUE TO MENINGOCOCCEMIA IN BILLS ON FIRST READING TACLOBAN CITY Senate Bill No. 2445, entitled Introduced by Senator Miriam Defensor AN ACT REQUIRING AUTOMOBILE Santiago MANUFACTURERS TO RELEASE VEHICLE REPAIR INFORMATION To the Committees on Health and TO VEHICLE OWNERS Demography; and Local 204 WEDNESDAY, AUGUST 23,2006

SECOND ADDITIONAL AN ACT TO DEFINE AND PUNISH THE REFERENCE OF BUSINESS CRIME OF TERRORISM, THE CRIME OF CONSPIRACY TO COMMIT RESOLUTION TERRORISM, AND THE CRIME OF PROPOSAL TO COMMIT TERROR- Proposed Senate Resolution No. 552, entitled ISM, AND FOR OTHER PURPOSES. RESOLUTION DIRECTING THE SENATE COMMI'ITEE ON PUBLIC SERVICES Senator Pangilinan stated that the parliamentary TO CONDUCT AN INVESTIGATION status was still the period of interpellations. ON THE OIL SPILL IN THE COASTAL WATERS OF GUIMARAS ISLAND The Chair recognized Senator Enrile, Sponsor of THAT ALLEGEDLY OCCURRED the measure, and Senator Drilon for his interpellation. BECAUSE OF THE FAILURE OF THE CHARTERED SHIP OWNER - INTERPELLATION SUNSHINE MARITIME DEVELOP- OF SENATOR DRILON MENT CORPORATION AND THE CHARTERING PARTY - PETRON At the outset, Senator Drilon commended Senator CORPORATION TO OBSERVE DUE Enrile for sponsoring such a difficult piece of legisla- DILIGENCE AND EXERCISE PRE- tion. He said that the difficulty lies on the fact that CAUTIONARY MEASURES TO a terrorist for one man can be a freedom fighter for PREVENT THIS ENVIRONMENTAL the other. He said that he has not come across a definition of terrorism per se in international conveii- TRAGEDY, WITH THE END IN VIEW OF ENACTING APPROPRIATE tions and often, it is simply an enumeration of the REMEDIAL LEGISLATION acts constituting terrorism. He advised that extreme caution must be exercised in this aspect of the law Introduced by Senator M. A. Madrigal because in the process of responding to the scourge of terrorism, the government might unnecessarily To the Committee on Environment and terrorize those who exercise their freedom to dissent Natural Resources and to criticize the government.

At this juncture, the Chair greeted Senator Senator Drilon observed that terrorism, as Pangilinan who would be celebrating his birthday the punished under the proposed measure, is in the following day. nature of a mala prohibita which means that the prosecutor does not have to prove in court the INQUIRY OF SENATOR ENRILE intention to commit the offense; it is not an element as distinguished from the offenses punishable under Senator Enrile asked whether Senate Bill No. 2232 the Revised Penal Code. Senator Enrile agreed, (proposed revision of the EPIRA) would be taken up pointing out that the prosecutor would only need within the day so that he can request the presence of to prove the elements of the crime; hence, the the resource personnel. willingness or intent to commit the mens rea need not he proven. Senator Pangilinan said that it would be taken up on Monday as Senator Osmefia has requested that he Since terrorism is an offense punishable under a be allowed to resume his interpellation on that day. special law, Senator Drilon believed that there is no violation of the principle of double jeopardy if one is COMMITTEE REPORT NO. 34 prosecuted under the proposed Act and the Revised ON SENATE BILL NO. 2137 Penal Code. Senator Enrile replied that if assassiliation (Continuation) is committed without the attendant elements in the definition of terrorism, that act of assassination could Upon motion of Senator Pangilinan, there being either be a homicide or a murder under the Revised no objection, the Body resumed consideration, on Penal Code depending on the presence or absence of Second Reading, of Senate Bill No. 2137 (Committee the elements of a crime of homicide or murder under Report No. 34), entitled the Revised Penal Code. 4P WEDNESDAY, AUGUST 23,2006 205

Senator Drilon noted that tlie crime of assassin- equal protection of the law becomes a consideration ation is presumably or without doubt a crime of murder because for the same act, one is subjected to a under the Revised Penal Code because assassination heavier penalty under a special law and, in fact, that would connote premeditation which would qualify person is not placed in double jeopardy because killing as murder. Senator Enrile explained that he these are two different laws. Senator Enrile replied used the term “assassination” in the context of tlie that double jeopardy means charging a person twice root of tlie word “killing” with a certain degree of for the same offense or the same elements of the malice aforethought. crime, and in this case, he is not being charged for murder or homicide; the killing is only a part of the Senator Driloii expressed the view that the term definition of the crime. Senator Drilon said that it is “assassination” is a premeditated killing of a person precisely the principle which would prevent the and premeditation is an element which would qualify application of the prohibition against double jeopardy. the homicide as murder. Senator Enrile said that He expressed tlie need to revisit said provision. the term “assassination” was derived from the word “assassins” who, in the olden days, tried to kill people SUSPENSION OF SESSION with tlie use of a certain weapon to terrorize. He said that he used the term to describe an act of killing Upon motion of Senator Drilon, the session was which, with tlie combination of other elements, could suspended. be an instrument to commit the crime of terrorism. It was 6:29 p.m. Assuming that the prosecution is not able to prove terrorism under this special law, Senator Drilon RESUMPTION OF SESSION asked whether tlie accused could be prosecuted for murder under tlie Revised Penal Code. Senator Enrile At 6:30 p.m., the session was resumed replied in the affirmative, pointing out that the inform- ation would charge tlie accused with terrorism and SUSPENSION OF CONSIDERATION allege tlie fact of killing. He explained that the OF SENATE BILL NO. 2137 accused would be charged with terrorism if the killing was used to foster, advance, propagate, and promote Upon motion of Senator Pangiliuan, there being a religious, political, economic or social belief, or to sow no objection, tlie Body suspended consideration of or cause widespread fear, anxiety and panic among the bill. the populace in order to coerce the government to Senator Pangilinan informed the Body that comply with a given demand. Therefore, he said, Senator Drilon would continue his interpellation terrorism could be committed in two ways: killing that next week, and hopefully, Senators Roxas, OsmeAa, is obviously a part of an effort to advance, propagate Lacson and Madrigal would be ready to interpellate and promote a religious, political, economic or social on the bill. beliefs, as what is happening in some parts of tlie world; or to sow and cause widespread fear in order to ADJOURNMENT OF SESSION coerce the government to comply with a given demand. Upon motion of Senator Pangilinan, there being On whether a crime committed not in pursuit of no objection, the Chair declared the session adjourned a political, religious or ideological belief would also until three o’clock in the afternoon of Monday, fall under tlie classification of terrorism, Senator Enrile August 28, 2006. replied that it would be as long as there is a demand to be complied or not to be complied with by the It was 6:31 p.m. government. 011a related matter, lie pointed out that coercion is applicable only to persons, not to I hereby certify to the correctness of the government. foregoing.

While such an act is punishable under tlie Revised Penal Code, Senator Drilon expressed the view that EMMA LIRI REYES the proposed measure would impose a heavier penalty +Acting Secretary &Y for exactly the same act; hence, the question of Approved on August 28, 2006 P