REPUBLIC OF THE Serrate. City

Journal

SESSION NO. 37 Monday, November 6,2006

THIRTEENTH CONGRESS THIRD REGULAR SESSION SESSION NO. 37 Monday, November 6,2006

CALL TO ORDER APPROVAL OF THE JOURNALS

At 4:09 p.m., the Senate President, Hon. Manny Upon motion of Senator Pangilinan, there being Villar, called the session to order. no objection, the Body dispensed with the reading of the Journal of Session Nos. 34, 35 and 36 and PRAYER considered them approved. REFERENCE OF BUSINESS The Body observed a minute of silent prayer. The Secretary of the Senate read the following NATIONAL ANTHEM matters and the Chair made the corresponding referrals : The Senate Choir led the singing of the national anthem. MESSAGES OF THE PRESIDENT OF THE PRESIDENT ROLL CALL Letters of Her Excellency, President Gloria Upon direction of the Chair, the Secretary of the Macapagal Arroyo, dated 17 and 19 October Senate, Oscar G. Yabes, called the roll, to which the 2006, respectively, recommending to the Senate following senators responded the ratification of the following:

Angara, E. J. Lapid, M. L. M. Asean Treaty on Mutual Legal Assistance Arroyo, J. P. Lim, A. S. in Criminal Matters, which was signed in Defensor Santiago, M. Madrigal, M. A. Kuala Lumpur, Malaysia on 29 November Drilon, F. M. Pangilinan, F. N. 2004; and Ejercito Estrada, J. Pimentel Jr., A. Q. Ejercito Estrada, L. L. P. Recto, R. G. Agreement on Technical Cooperation Between Enrile, J. P. Roxas, M. the Government of the Philippines and Flavier, J. M. Villar, M. the Government of Japan, which was Lacson, P. M. signed in Tokyo on 4 April 2006.

To the Committee on Foreign Relations With 17 senators present, the Chair declared the presence of a quorum. MESSAGES FROM THE HOUSE OF REPRESENTATIVES Senators Biazon, Magsaysay and Osmeiia arrived after the roll call. Letter from the Secretary General of the House of Representatives, informing the Senate that on Senators Cayetano and Gordon were on official 5 September 2006, the House of Representa- mission abroad. tives withdrew its adoption of House Concurrent Resolution No. 34 and subsequently concurred Senator Revilla was on medical leave. with Senate Concurrent Resolution 16, entitled& 606 MONDAY, NOVEMBER 6,2006

CONCURRENT RESOLUTION PROVID- Senate Bill No. 2493, entitled ING FOR THE LEGISLATIVE CALEN- DAR FOR THE THIRD REGULAR AN ACT ESTABLISHING A BREAST- SESSION OF THE THIRTEENTH FEEDING CENTER IN EVERY CONGRESS OF THE PHILIPPINES THROUGHOUT THE COUNTRY To the Archives Introduced by Senator Miriam Defensor Letter from the Secretary General of the House of Santiago Representatives, informing the Senate that on 11 October 2006, the House of Representatives To the Committees on Health and approved the Bicameral Conference Committee Demography; and Local Government Report on the disagreeing provisions of House Bill No. 224 and Senate Bill No. 1286, both entitled RESOLUTIONS

AN ACT CREATING THE RANK OF Proposed Senate Resolution No. 578, entitled FIRST CHIEF MASTER SERGEANTI FIRST MASTER CHIEF PETTY RESOLUTION DIRECTING AN INQUIRY, OFFICER IN THE ENLISTED RANKS IN AID OF LEGISLATION, ON OF THE ARMED FORCES OF THE THE REHABILITATION OF THE PHILIPPINES (AFP), APPROPRIAT- COUNTRY'S DAMAGED CORAL ING FUNDS THEREFOR, AND FOR REEF OTHER PURPOSES Introduced by Senator Miriam Defensor To the Archives Santiago

Letter from the Secretary General of the House of To the Committees on Environment and Representatives, informing the Senate that on Natural Resources; and Local Government 13 October 2006, the House of Representatives passed House Bill No. 5828, entitled Proposed Senate Resolution No. 579, entitled AN ACT CONVERTING THE MUNICI- RESOLUTION DIRECTING AN INQUIRY, PALITY OF SAN JUAN INTO A IN AID OF LEGISLATION, ON THE HIGHLY URBANIZED CITY TO BE PROLIFERATION OF PRE-SCHOOLS KNOWN AS THE CITY OF SAN JUAN, WITHOUT PERMITS in which it requested the concurrence of the Senate. Introduced by Senator To the Committee on Local Government To the Committees on Education, Arts and BILLS ON FIRST READING Culture; and Local Government

Senate Bill No. 2492, entitled COMMUNICATIONS

AN ACT REQUIRING MEAT PACKERS Letters from Joaquin C. Lagonera, Senior Deputy TO DISCLOSE THE ADDlTNES THAT Executive Secretary and Acting Head, PLLO, THEY PLACE IN THEIR PRODUCTS dated 10 and 17 October 2006, respectively, transmitting to the Senate two original copies of Introduced by Senator Miriam Defensor Republic Act No. 9357, entitled Santiago AN ACT REAPPORTIONING THE TO the Committees on Trade and PROVINCE OF SULTAN KUDARAT Commerce; and Health and Demography INTO TWO LEGISLATTE DISTRICTSw MONDAY, NOVEMBER 6,2006 607

which was approved and signed into law by Her Committee Report No. 152, submitted by the Excellency, President Committee on Justice and Human Rights on on 10 October 2006; House Bill No. 4845, introduced by Represent- ative Del Mar., et al., entitled Republic Act No. 9358, entitled AN ACT GRANTING PHILIPPINE AN ACT APPROPRIATING THE SUM CITIZENSHIP TO MICHAEL G.J. OF FORTY-SIX BILLION FOUR GLEIS SNER, HUNDRED TWENTY-SIX MILLION FIVE HUNDRED TWENTY-FOUR recommending its approval without amendment. THOUSAND PESOS (P46,426,524,000.00) AS SUPPLEMENTAL APPROPRIA- Sponsor: Senator Enrile TION FOR FY 2006 AND FOR OTHER PURPOSES; To the Calendar for Ordinary Business

and Republic Act No. 9359, entitled ADDITIONAL REFERENCE OF BUSINESS

AN ACT ESTABLISHING A STANDBY RESOLUTION FUND IN THE SUM OF EIGHT HUNDRED FIFTY MILLION PESOS Proposed Senate Resolution No. 580, entitled (PS50,000,000.00) FOR THE CLEAN UP OF THE GUJMARAS OIL SPILL, RESOLUTION TO CONVENE CONGRESS FOR THE RELIEF OPERATIONS INTO A CONSTITUENT ASSEMBLY FOR THE VICTIMS OF THE TO PROPOSE AMENDMENTS TO ERUPTION OF MAYON VOLCANO, OR REVISIONS OF THE CONSTITU- AND FOR THE EMERGENCY TION OF THE REPUBLIC OF THE REPATRIATION FUND TO BE PHILIPPINES USED FOR THE REPATRIATION, Introduced by Senator Enrile EVACUATION AND RELIEF OF OVERSEAS FILIPINO WORKERS To the Committee on Constitutional AND OTHER FILIPINO NATIONALS Amendments, Revision of Codes and Laws AND FOR OTHER PURPOSES, SECOND ADDITIONAL which were approved and signed into laws by REFERENCE OF BUSINESS Her Excellency, President Gloria Macapagal Arroyo on 17 October 2006. MESSAGE FROM THE HOUSE OF REPRESENTATIVES To the Archives Letter from the Secretary General of the House of COMMITTEE REPORTS Representatives, informing the Senate that on 13 October 2006, the House of Representatives Committee Report No. 151, submitted by the passed House Bill No. 5794, entitled Committee on Justice and Human Rights on House Bill No. 1829, introduced by Represent- AN ACT APPROPRIATING FUNDS FOR ative Plaza, et aL, entitled THE OPERATION OF THE GOVERN- MENT OF THE REPUBLIC OF THE AN ACT GRANTING PHILIPPINE PHILIPPINES FROM JANUARY ONE CITIZENSHIP TO REV. FR. ULRICH TO DECEMBER THlRTY-ONE, TWO H. SCHLECHT, SVD, THOUSAND SEVEN, AND FOR recommending its approval without amendment. OTHER PURPOSES,

Sponsor: Senator Enrile in which it requested the concurrence of the Senate.

To the Calendar for Ordinary Business To the Committee on Financep 608 MONDAY, NOVEMBER 6,2006

SUSPENSION OF SESSION APPROVAL OF SENATE BILL NO. 1972 ON THIRD READING Upon motion of Senator Pangilinan, the session was suspended. Upon motion of Senator Pangilinan, there being no objection, the Body considered, on Third Reading, It was 4:17 pm. Senate Bill No, 1972, printed copies of which were distributed to the senators on October 12, 2006. RESUMPTION OF SESSION Pursuant to Section 67, Rule XXIII of the Rules At 4:17 p.m., the session was resumed. of the Senate, upon motion of Senator Pangilinan, there being no objection, Secretary Yabes read only SUSPENSION OF SESSION the title of the bill, to wit:

With the permission of the Body, the Chair AN ACT DECLARING MAY 7 OF suspended the session. EVERY YEAR AS HEALTH WORKERS' DAY. It was 4:18 p.m. Secretary Yabes called the roll for nominal RESUMPTION OF SESSION voting.

At 4:18 p.m., the session was resumed. RESULTS OF THE VOTING

MOTION OF SENATOR PANGILINAN The result of the voting was as follows:

Senator Pangilinan moved for the approval, on In favor Third Reading, of House Bill No. 692 (Cable Link & Angara Lim Holdings Cop. franchise). Arroyo Madrigal Biazon Osmeiia REQUEST OF SENATOR OSMERA Defensor Santiago Pangilinan Ejercito Estrada (J) Pimentel Senator Osmeiia requested the reconsideration Ejercito Estrada (L) Roxas of the approval of House Bill No. 692 on Second Enrile Villar Reading, in view of amendments to the bill that he Flavier wanted to propose. Against SUSPENSION OF SESSION None Upon motion of Senator Pangilinan, the session was suspended. Abstention None It was 4:20 p.m. With 15 'senators voting in favor, none against, RESUMPTION OF SESSION and no abstention, the Chair declared Senate Bill No. 1972 approved on Third Reading. At 4:23 pm., the session was resumed. APPROVAL, OF HOUSE BILL NO. 4487 WITHDRAWAL ON THIRD READING OF THE MOTION Upon motion of Senator Pangilinan, there being Thereupon, Senator Pangilinan withdrew his no objection, the Body considered, on Third Reading, motion to approve House Bill No. 692 on Third House Bill No. 4487, printed copies of which were Reading. distributed to the senators on October 11, 2006e MONDAY, NOVEMBER 6,2006 609

Pursuant to Section 67, Rule XXIII of the Rules VISION NETWORK CORPORATION of the Senate, upon motion of Senator Pangilinan, A FRANCHISE TO CONSTRUCT, there being no objection, Secretary Yabes read only INSTALL, ESTABLISH, OPERATE the title of the bill, to wit: AND MAINTAIN RADIO AND TELEVISION BROADCASTING AN ACT GMTING THE MINDANAO STATIONS IN THE PROVINCE OF JOCKEY AND COUNTRY CLUB, LANA0 DEL SUR. INC., A FRANCHISE TO CONS- TRUCT, OPERATE AND MAINTAIN Secretary Yabes called the roll for nominal A RACETRACK FOR HORSE voting. RACING IN . RESULTS OF THE VOTING Secretary Yabes called the roll for nominal voting. The result of the voting was as follows: RESULTS OF THE VOTING In favor The result of the voting was as follows: Angara Lim In favor Arroyo Madrigal Biazon Osmefia Angara Lim Defensor Santiago Pangilinan Arroyo Madrigal Ejercito Estrada (J) Pimentel Biazon Osmefia Ejercito Estrada (L) Recto Defensor Santiago Pangilinan Enrile Roxas Ejercito Estrada (J) Pimentel Flavier Villar Ejercito Estrada (L) Recto Enrile Roxas Against Flavier Villar None Against Abstention None None Abstention With 16 senators voting in favor, none against, None and no abstention, the Chair declared House Bill No. 4430 approved on Third Reading. With 16 senators voting in favor, none against, and no abstention, the Chair declared House Bill RECONSIDERATION OF APPROVAL No. 4487 approved on Third Reading. OF HOUSE BILL NO. 692 ON SECOND READING APPROVAL OF HOUSE BILL NO. 4430 ON THIRD READING Upon motion of Senator Pangilinan, there being Upon motion of Senator Pangilinan, there being no objection, the Body reconsidered the approval of no objection, the Body considered, on Third Reading, House Bill No. 692 on Second Reading. House Bill No. 4430, printed copies of which were distributed to the senators on October 11, 2006. Thereupon, the Chair recognized Senator Arroyo, Sponsor of the measure, and Senator Osmefia for his Pursuant to Section 67, Rule XXIII of the Rules amendments. of the Senate, upon motion of Senator Pangilinan, there being no objection, Secretary Yabes read only OSMERA AMENDMENTS the title of the bill, to wit: As proposed by Senator Osmefia and accepted AN ACT GRANTING MUSLIM by the Sponsor, there being no Objection, the Body MINDANAO RADIO AND TELE- approved the following amendments:w 610 MONDAY, NOVEMBER 6,2006

1. On page 1, line 4, after the word “grantee” OSMERA AMENDMENTS and whenever it appears in the bill, delete the phrase “its successors or assigns,”; As proposed by Senator Osmeiia and accepted 2. On page 8, line 4, delete the title “Sale, by the Sponsor, there being no objection, the Body Lease. Transfer, Usufuct. Etc.” and in lieu approved the following amendments: thereof, insert the title NON-TRANSFER- ABILITY OF FRANCHISE.; 1. On page 2, line 14, after the word “thereof’ and the period (.), insert the sentence IN 3. On the same page, line 13, after the word NO WAY SHALL THE OPERATOR OF “Act” and the period (.), insert the sentence THE GRANTEE NOR THE RADIATED ANY TRANSFER OF FRANCHISE IN POWER OF ITS STATIONS OR FACILJTIES VIOLATION OF THIS SECTION SHALL EXCEED THAT REQUIRED TO COVER RENDER THE FRANCHISE IPSO FACTO THE AREA WHERE IT IS ALLOWED REVOKED.; TO OPERATE.;

4. On the same page, delete the entire 2. On page 5, line 3, after the word “GRANTEE,” Section 14; and delete the phrase “ITS SUCCESSORS OR ASSIGNS,”; 5. As a consequence, renumber the succeeding sections accordingly. 3. On page 6, line 20, delete the title “Sale, Lease, Transfeer, Usufruct, Efc.” and in lieu TERMINATION OF THE PERIOD thereof, insert the title NON-TRANSFER- OF AMENDMENTS ABILITY OF FRANCHISE.; 4. On page 7, line 8, after the word “Act” Upon motion of Senator Pangilinan, there being and the period (.), insert the sentence no objection, the Body closed the period of ANY TRANSFER OF FRANCHISE IN amendments. VIOLATION OF THIS SECTION SHALL RENDER THE FRANCHISE IPSO FACTO REVOKED.; APPROVAL OF HOUSE BILL NO. 692 ON SECOND READING 5. On the same page, delete the entire Section 14; and Submitted to a vote, there being no objec- 6. As a consequence, renumber the succeeding tion, House Bill No. 692 was approved on Second sections accordingly. Reading. TERMINATION OF THE PERIOD SUSPENSION OF CONSIDERATION OF AMENDMENTS OF HOUSE BILL NO. 692 Upon motion of Senator Pangilinan, there being no objection, the Body closed the period of Upon motion of Senator Pangilinan, there being amendments. no objection, the Body suspended consideration of the bill. APPROVAL OF HOUSE BILL NO. 4429 ON SECOND READING RECONSIDERATION OF THE APPROVAL OF HOUSE BILL NO. 4429 Submitted to a vote, there being no objection, ON SECOND READING House Bill No. 4429 was approved on Second Reading. Upon motion of Senator Pangilinan, there being no objection, the Body reconsidered the approval of SUSPENSION OF CONSIDERATION House Bill No. 4429 on Second Reading. OF HOUSE BILL NO. 4429

The Chair recognized Senator Arroyo, Sponsor Upon motion of Senator Pangilinan, there being of the measure, and Senator Osmeiia for his no objection, the Body suspended consideration of amendments. the bill $” MONDAY, NOVEMBER 6,2006 611

PRIVILEGE SPEECH OF SENATOR LIM derivative authority granted by the Local Government Code of 1991 do not seem to know Availing himself of the privilege hour, Senator how to properly exercise it. Or, are they merely Lim delivered the following speech pretending to he strangers to it? Yet, these “chosen” people in LUST FOR SILVER project to be ignorant of this doctrine in land TRRiMpHS OVERFIUPINO HERITAGE ownership, a decree that has been consistently witten from the 1935 Constitution up to the 1987 JOSE SANTOS CITY MALL AND ABAD Constitution. In its most recent articulation, RAJAH SULAYMAh”S PLACE “GOLDEN” CONTRACTS OVER the Regalian doctrine declares in Article XII, Section 2 of the 1987 Constitution that, “All PUBLIC LANDS lands of public domain, waters, mineral oils, all The brilliance of gold is dazzling and blinds forces of potential energy, fisheries forests or the eyes of those who may gaze upon it. Indeed, timber, wildlife, flora and fauna and other natural it corrupts in much the same way as power, to resources are owned by the state” and “shall not which history has been witness from the birth of be alienated,” except agricultural lands. civilization. Its metaphorical image in the minds In the landmark case of Chavez vs. PEA and of people pierces deep within their skin and into MRI,384 SCRA 152, the origin of the doctrine their consciousness, excluding neither the poor was reexamined. It dates back to the Spanish nor the rich, that even if juxtaposed with our conquest of the Philippines when “all lands, equally treasured symbols and relics of traditions territories and possessions” were public domain and values, its temptation lingers, and not of the king, except those he disposed of by grant uncommonly, overpowers. We need not look far or sale to private individuals. In the adoption of beyond for even right before our eyes, in the the Regalian doctrine, the State took the place of premier city of Manila, it weaves its mystique, the king, manifested initially in Art. 339 of the threatening to cast away to oblivion two public Civil Code of 1889, and restated in Art. 420 of the and inalienable lands and the cultural worth that present Civil Code, wherein it is written that have been attached to them. property of public dominion are not only those These two lands, inseparably identified with devoted to public use but also to property not institutions devoted to education and imbued so used and employed for some economic or with memories of the Manilefios’ past, having commercial activity, yet designed to increase the existed for decades as public schools, accom- national wealth (Republic vs. Court of Appeals, modating no less than 10,000 poor students of 383SCR.4611). Tondo, for free. The Rajah Sulayman High But as early as 1919, the Philippine School and Jose Ahad Santos High School are Legislature approved Act No. 2874, the Public awaiting their unexpected and dreaded demise, Land Act, which authorized the lease but not the as their death certificates have been signed by sale of public lands of the government to no less than the City Council, with the death corporations and individuals, even before the sentence struck with a thumb-up sign by its city passage of the 1935,1973 and 1987 Constitutions. mayor. As heralded, from said schools’ burial Upon approval in 1936 of Commonwealth Act sites will rise luxurious malls: the stereo-typical No. 141, also known as Public Laud Act, the symbols of the modem care-free lifestyle - President was authorized by the National l~xuriouswares, expensive foods, entertainment Assembly to classify lands of the public domain centers, fully-airconditioned establishments - into “alienable or disposable” lands of the public a scenery in no manner similar to that painted domain and declare them open to disposition or within the edifices of the schools which they concession. would imminently replace. Without a doubt, this is the voice of gold, the whisper of wealth, heard Then President in 1977, and heeded by ears of avarice and greed. through PD 1084, created the Public Estates Authority (PEA), which was empowered to hold It is a paradox that those people who traded titles, not only of private lands hut also of the the worth of the two humble schools for the public domain. Yet, it needed legislative authority sophistication and grandeur of commercial malls to sell these lands, in view of Commonwealth are the same people chosen by the residents of Act No. 141 which provides that it can only do Manila, who put them in office so that their so when authorized by Congress. The late children may be guaranteed free education. dictator also mandated the creation of the old It is equally ironic that those who wield the Local Government Code, BP 88 1, which granted 612 MONDAY, NOVEMBER 6,2006

to local government units the authority to Without a doubt, it is the lust and avarice acquire, possess and own, as well as to dispose for commissions expected to be generated from of their own property. these multi-million peso projects - the hunger for power and wealth, summoning the vicious With the passage of the Local Government appetite for absoluteness and perpetuity, Code of 1991 or Republic Act No. 7160, authored defying the voice of righteousness and integrity. by no less than our esteemed colleague, Sen. Aquilino Pimentel Jr., the era of local autonomy Of course, even these local executives will saw its advent. The authority then enjoyed by admit that majority of them saw light later than local government units under the old local the birth of those historical edifices and government code was adopted. Thus, by virtue buildings, yet, they connived to deliberately of Section 18 of R.A. No. 7160, they were pretend that these places are classified as empowered to generate and apply resources, agricultural lands and therefore alienable. among which was “to acquire, develop, lease, Sadly, they project to be unknowing that encumber, alienate or otherwise, dispose of real Section 3 of the same Article XI1 of the or personal property held by them in their Constitution is absolute and inalterable: public proprietary capacity,” making the same even properties, being outside the commerce of man, more meaningful especially since the thrust was cannot be alienated or leased or otherwise be administrative independence. Still, the privilege the subject matter of contracts, as ruled in was not unlimited, just as what the Constitution Municipality of vs. Rojas, 30 Phil. 20; decreed. Particularly, as far as disposition of Li Seng Giap vs. Municipal Council of property is concerned, only those patrimonial in Duet, (CA). Off. Gaz. Snpp., November 1, 1941, nature can be alienated. p. 217. These legal premises considered, disturbing, In the course of business, they may well to say the least, are the circulating reports argue that under Art. 422 of the Civil Code, the that the city of Manila, through its colluding property of public dominion, when no longer city council and local chief executive, and intended for public use or for public service, despite the contraly mandates of the Constitu- shall form part of the patrimonial property of the tion and the laws, is eager to sell several of State or its private property. Yet, it may be so its strategically posted properties - properties only upon a declaration by the government, as old and famous as the important events through the executive or legislative departments, to which these have been witnesses through to the effect that it is no longer needed for public the years. Who would not know the aged Rizal use or service (Ignacio vs. Director of Lands, Memorial Stadium, the nearby Hamson Plaza (SC), 58 Off. Gaz. 2403; Cebu Oxygen and and Sheraton Hotel? How ahout the Anny and Acetylene Co. vs. Bercilles, 66 SCFU 481). For Navy Club where the present historic museum so long as the property has been intended for stands and a host of other priceless places pnhlic use or service, and the government has which became part of our national economy and neither devoted it otherwise, nor adopted any patrimony? measure removing it from the public domain, the What is the forthcoming fate of these same remains property for public use or service, portals of Filipino heritage if the vagabond its non-employment as such notwithstanding conscience of those authoring their lucrative (Capitulo, et al. vs. Aquino, etc., (SC), 53 Off. dispositions is not flustered? Commercial Gaz. 1477). Hence, the mere possession of land districts being projected to rise from their ruins does not by itself automatically divest it of its is a nightmare forthcoming to the Manila public character (Cuevas vs. Pineda, 143 SCFU constituents in the not-too-distant future, if we 674; Director ofLands vs. Court ofAppeals, 129 fail to manacle this excessive penchant for the SCRA 689). sale of our symbols of heritage and culture. Consider the Roppongi site in Japan. Its Indeed, we ask why are these City Officials non-use in a long time for actual diplomatic of Manila so obsessed with selling othenvise service did not automatically convert it to patri- key establishments and institutions in the city, monial property, Any such conversion happens only to have in their places the usual commercial only if the property is withdrawn from public centers which have casually become the “theme use; since it is not, it continues to be part of parks” for our people, promoting indolence and public domain and thus, outside the commerce impracticality, and further diverting their of man (Cebu Oxygen and Acetylene Co. vs. attention to more meaningful and worthwhile Beidles, 66 SCRA 481 [1975]; Zgnacio v. activities? Director oflands, 108 Phil. 335 [1960]). .ps MONDAY, NOVEMBER 6,2006 613

No less than the Supreme Court was emphatic specific authority from the Legislature. It is only in several cases that where the municipality has when the public use has been abandoned, or the occupied lands distinctly for public purposes, property bas become unsuitable or inadequate such as for the municipal court house, the for the purpose to which it was dedicated, that public school, the public market, or necessary a power of disposition is recognized in the municipal building, in the absence of proof to corporation (Municipal Corporations, etc., 56 the contrary, there can be no presumption of its Am Jur 2d, 602-604) grant from the state in favor of the municipality (Municipality of Hinunangan vs. Director of Considering these precepts, the city officials Lands, 24 Phil. 125). of Manila, for instance, cannot rely upon the March 3, 2006 endorsement to the city council Beyond cavil, the extent of legislative of Manila from the oftice of the city mayor control over properties of municipal corporations relative to the projected “sale, lease or for joint is simple. If the property is owned by the munici- venture of the city’s patrimonial properties with pality or city in its public and governmental a lot area of less than 250 square meters in capacity, the property is public and Congress Manila,” in line with its granted authority to has absolute control over it. But if the property Mayor Jose Atienza through Resolution No. 10, is owned in its private or proprietary capacity, then dated February 1, 1996. Indeed, recourse to legal it is patrimonial and Congress has no absolute procedures of exercising the power of expropria- control (Province of Zamboanga del Norte vs. tion through enacted resolution of the city council City ofZamboanga, L-24440, March 28, 1969). is not an iron-clad guarantee of its success. Although there is some authority to the At the moment, let us be reminded of the effect that at the common law a municipal lessons eruditely written by the ponente in the corporation, unless restrained by the express landmark Manila Hotel case, in which we may terms of its charter or by necessary implication, liken the present city mayor and city council of could dispose of lands and other property in the Manila to those GSIS officials who nearly sold to same manner as private persons, there is a clear a Malaysian bidder the block of 51% shares of distinction, recognized by practically all author- the Manila Hotel, deigned to be the repository of ities, between property purchased and held the 20th centuly Philippine history and culture, by municipal corporations for the use of the the reflection of the Filipino soul and not an corporation as an entity and that purchased and ordinary piece of property in a commercial district. held by such corporation for the public use and The Highest Tribunal aptly censured them in the benefit of its citizens. In other words, its title to Manila Hotel vs. GSIS, 267 SCRA 408, in the and power of disposition of property acquired following tenor: for strictly corporate uses and purposes are The conveyance of Manila Hotel, different from its title to and power of disposition an epic exponent of the Filipino psyche, of property acquired for and actually dedicated to alien hands cannot be less than to the public use of inhabitants. As to the former mephistophelean, for it is, in whatever class, the power of the corporation to dispose manner viewed, a veritable alienation of of it, unless restrained by charter or statute, is a nation’s soul for some pieces of unquestioned. As a general rule, the power of a foreign silver. municipal corporation to convey such property is equal to its power to acquire it. A municipal It is for these reasons that I call upon you, corporation having absolute title to property my esteemed colleagues, who have been chosen without limitation or restriction as to its aliena- not by our constituents in one locality or region, tion may dispose of such property at any time but by the multitude of our fellow before it is dedicated to public use. across the land and even beyond its borders, to remind the aldermen in the City of Manila not to On the other hand, it is generally held that be blinded by the dazzling brilliance of gold, and a municipal corporation has no implied power to certainly not to be blind to past embedded sell real property which is held for public use, our and reflected in the gates, hallways, walls of the and that such power cannot be implied from very same institutions which they would general charter or authority to acquire, hold, or apparently bury in history with the sale of the convey property. The principle is that all such lands on which they are situated. property is held by the municipality in tmst for the use and benefit of its citizens and is Our experience more extensive, our concerns dedicated to the use of the public, and the more nationalistic, our perspective more compre- corporation cannot divest itself of title without hensive, we, the Senate, have not been daunted& 614 MONDAY, NOVEMBER 6,2006

nor cowered by attempts at intrusions into our A lot of significant events affecting the own prerogatives and desecration of our own nation as a whole have happened since Congress place in the Philippine government and society went on recess last October. With your kind by even the most powertit1 of the powers that be. indulgence, I humbly take the floor and invoke Surely, we would not let other lesser people from my personal and collective privilege as a senator fooling us right before our eyes! and as a proud member of the Senate that has lately become one of the few remaining standing Let us therefore make this firm: Congress fortresses in our ongoing battle to defend our did not enact the Local Government Code in Constitution, our democracy and our nation of order to make council members and local eighty million Filipinos. executive officers in the localities and provinces masters above their makers, nor masters within Mga kaakibat at magigiting na mga halal their own respective domains. For while we, in na senador ng bayan at mga kapwa taga- the national government, remain servants of our pagtanggol ng ating namimiligrong Saligang true sovereign, so should our creations in the Batas at demokrasya, nais kong talakayin ang local government, which we have made our ilan sa mga mahahalaga at napapanahong agents in our goals for this country, remain loyal paksa na maaring maging dahilan ng pag- and faithful to those who have chosen them, and kawasak ng ating bansa. to their respective oaths to uphold and protect the Constitution and our laws. In 2004, during my first privilege speech in this Chamber, I denounced the suppression of As a final statement, let those officials in our democratic rights, particularly our freedom to Manila be reminded the postulates of our peacefully assemble for purposes of redressing Constitution are not mere platitudes which we our grievances against this repressive regime, as should honor only in rhetoric but not in reality. protesters and demonstrators were being cruelly To contract the sale of an inalienable property and brutally dispersed after being denied of a is illegal; to bargain away the ideals of our rally permit. In my speech, I warned our people Constitution through such sale is suicidal. about a creeping and virtual martial law being foisted and unleashed by the usurper in We hope that the Senate would take action Malacafiang to quell the rising voices of dissent on this purported sale of our national heritage, and the swelling ranks of the opposition to her the Jose Abad Santos High School and Rajah administration. Sulayman High School. Since the vicious and bloody dispersal of SUSPENSION OF SESSION EDSA TRES in May 2001 and up to the present, many of our concerned countrymen, who were Upon motion of Senator Pangilinan, the session merely exercising their democratic rights guaran- was suspended. teed by our Constitution, were being injured, maimed, intimidated, tortured, kidnapped, and even summarily killed by the death squads of the It was 5:OO p.m. great pretender in Malacaiiang, and by her power- grabbing coconspirators and vote-snatching RESUMPTION OF SESSION allies in the military and police establishments.

At 5:OO p.m., the session was resumed. Thereafter, this Representation kept on denouncing and condemning inside and outside this noble Chamber the unrelenting repression REFERRAL OF SPEECH TO COMMITTEE and iron-fist policies of our infamous fake president who has single-handedly transformed Upon motion of Senator Pangilinan, there being Malacaiiang from the people’s palace into a no objection, the Chair referred the privilege speech pseudo-garrison, as the illegal arrests, deten- of Senator Lim to the Committee on Local tions, tomes, extrajudicial killings of militant Government. activists and other personalities critical of her regime continued. PRIVILEGE SPEECH Fortunately, my fellow defenders of OF SENATOR EJERCITO ESTRADA (.I) democracy, our gallant and heroic stand against Malacaiimg have gained widespread support, Availing himself of the privilege hour, Senator so much so that we have caught the attention Ejercito Estrada (J) delivered the following speech and the grave concern of the international F MONDAY. NOVEMBER 6.2006 615

community, local human rights groups and On the other hand, the specters of tyranny, advocates; thanks in part to our very own authoritarianism, and of blatant government Commission on Human Rights, which has corruption and abuse, continue to haunt our strongly condemned, in international circles, the already destitute and forsaken land today. Arroyo regime’s culture of impunity. We console ourselves with the fact that We have also exposed and denounced the Malacaiiang had continuously tried, and yet it widespread and shameful corruption in this has been rebuffed by the Supreme Court, administration, from the scandals and ownership through the vigilance of our heroic people, in of the not-so-secret Jose Pidal accounts and the many of our battles before the courts of justice. rampant big-time smuggling; the overpriced and We should never forget the barrage of expensive Boulevard and treacherous attacks against Constitution: other infrastructure projects; the mind-staggering our from the declaration of the state of rebellion; the commissions and kickbacks the IMPSA and on issuance of Presidential Proclamation 1017; the other government contracts; the 2004 election unleashing of the calibrated preemptive response; fraud that ramified into the fertilizer fund scam; the destabilization of the legislative process the Garci tapes scandal; the road-user tax scam; through Executive Order 464 and Memorandum and the OWWA-Philhealth scam; and so many Order 108; and last but not the least, the “grand others. The latest in Gloria’s litany of corruption deception” according to the Supreme Court, and crimes against the people was the multi- known as the people’s initiative brouhaha. billion peso malversation of public funds to finance the Malacafiang initiated “People’s Our magistrates should be congratulated, Initiative.” The evidence in these cases are so especially those who voted against the people’s glaring that no amount of subterfuge can cover initiative, for seeing beneath the veneer of this the stench. sham. They have shown that our Supreme Court remains fiercely independent and cannot be Per0 hanggang nguyon, may naparusahan influenced even in the face of extreme pressure, na ba sa mga malawakang pagnanakuw na quoting the statements of Chief Justice Artemio nagaganap sa pumahalaan ai sa paglabag ng Panganiban himself. mga batas na nagtataguyod ng mga kurapatang pantuo? Ano PO ung ginagawa ng The verdict is in. The Sigaw ng Bayan aling ombudsman? signatures are as fake as the pirated discs in Carried0 and Divisoria and as counterfeit as the And yet, for cases of misconduct and confiscated coins apprehended by the Bangko allegations of ghost employees without any Sentral ng Pilipinas. specifications, without any particulars, without solid evidence, Malacaiiang and the Ombudsman Congratulations should likewise be given to go to town to suspend local officials, particu- all our colleagues in this Chamber for unani- larly those who they deemed are thorns on mously standing up against this constitutional their side. mockery being foisted upon our people. May the Senate continue to he a shining bastion and For all these anomalies and scandals, it is symbol of our constitutional democracy. the usurper in Malacaiiang who deserves to he put on preventive suspension so that she cannot Unfortunately, and I would like to emphasize use the powers and authority, the influence, and how unfortunate this is for our democracy, the the vast resources of the presidency to cover up same accolade and congratulations that this the crimes she committed against our people. humble Representation has just poured and conveyed to the magnificent members of the The law is clear, Section 22 of Republic Act Judiciary cannot be extended to the Office of the No. 6770, also known as the Ombudsman Act of Ombudsman. 1989, states that ‘The Office of the Ombudsman shall have the power to investigate any serious Why? Is it because Malacaiiang has already misconduct in ofiice allegedly committed by succeeded in desecrating, and some people would officials removable by impeachment, for the even venture to say, prostituting, the once sacred purpose of filing a verified complaint for and independent institution known as the Office impeachment, if warranted.” of the Ombudsman? But can we expect Ombudsman Gutierrez Ayaw ko nang magpaliguy-ligoy pa. Hindi to lift a single finger against her benefactor in naman kailu sa ating mga kabubayan na ang the palace? kasaluhyang nanununghlan bilang Ombudsman, ps’ 616 MONDAY, NOVEMBER 6,2006

si Atty. Merceditas Gutierrez, ay tufa ng over and above partisan politics and personal Maiakanyang na handang gawin iahat ng utos ambitions. We need a few more good men the ng kanyang amo, iaiung-laio na ang asawa ni likes of Secretary CNZ, who has a sense of Gloria Macapagal Arroyo. Marahil ay it0 ang decency even though he has been closely hindi masikmura ni dating Ombudsman Simeon identified with long-time clients in the persons of Marcelo, na dating partner sa law office ni Mrs. Gloria Macapagal Arroyo and Mr. Mike Defense Secretary Avelino CNZ, kaya tuiuyan Arroyo, who apparently have no deiicadeza and na siiang nag-resign. sense of decency whatsoever. Marahii ay hindi rin inaasahan ni Kalihim I call on all the few good men and women in Nonong Cruz na walang pakundangang the Arroyo administration to follow the example gagamitin ni Ginang Arroyo ang makinarya ng of Secretary CNZ, and those before him, to pamahalaan. pati na mga pamahalaang iokai, tender your resignation and withdraw your kasama nu ang biiyong-biiyong pondo ng support from the illegal, unpopular, oppressive, bayan, para sa pagsulong ng isang hangaring and morally bankrupt regime of Mrs. Gloria pang-personal, ang ‘people’s initiative” dikuno Macapagal Arroyo. ng taong-bayan. At para kay Ginang Arroyo. nais kong Kaya ipinaaabot ko ang aking paghanga ipaabot ang hang hamon. Ngayon na mawawaia at pagpupugay kay Kaiihim Nonong CNZ sa na si Kaiihim CNZ sa iyong Gabinete sa kanyang pagbibitiw ng kanyang tungkulin katapusan ng buwan, wala nang malaking biiang Kaiihim ng National Defense. Sapagka’t hadiang sa iyong kagustuhan na magdekiara sa kanyang maginoong pamamaraan, sa ng martial law. Hinahamon ko po kayo, Ginang kanyang deiicadeza, kahit hindi siya gaano Arroyo, sampu ng iyong rnga maialapit na nagsasaiita, mas maiakas ang pagsabog ng tagapayo, na magdekiara ka ng martial law kanyang mensahe para sa taong-bayan ukol sa upang matapos na ang inyong kaiupitan sa kanyang pagkadismaya kay Ginang Arroyo at mamamayan at pagsasamantaia sa kaban ng sa kasaiukuyang rehimen. bayan. Dit0 natin makikita kung ang mas nakararaming matitino at mapagmahai sa Despite my initial opposition to his bayan na mga pinuno. mga kawani at mga appointment as defense secretary, Nonong CNZ kawai ng pamahalaan ay susuporta sa inyo o turned out to be a revelation in the defense sa pwersa masang Piiipino. establishment with his laser focus on the ng modernization and professionalization of the Tinitiyak ko na sa pagdedekiara mo ng military, and his efforts to insulate it from future martial law ay buikang sasabog ang gaiit ng election anomalies and partisan politics. mamamayang Piiipino, na hanggang sa ngayon Palace insiders have reportedly said that he ay matiising naghihintay at taimtim na nana- averted a major disaster for the country early this nalangin na kusang magbibitiw ka na at year when he vigorously opposed the proposal payapang bababa sa pwestong hindi naman sa of other Cabinet secretaries to have Mrs. Arroyo iyo. Sa iyong paghahangad na iaio pang declare martial law. Many have confirmed that tumagai sa kapangyarilian, pwersahan ka nang the soft-spoken and low-profile secretary is no patataisikin at paiaiayasin ng mga mama- sycophant, and he is reportedly one of the few mayang muiat na sa katotohanan. At walang Cabinet members, if not the only one, who could magagawa ang iiiang mga nakapaiigid sa iyo na mga tiwaiing kasamahan mo. say no to personal and political agenda of Gloria Arroyo and Mr. Mike “Jose Pidal“ Arroyo. And this can be attested by no other than one of our In the course of the Senator wemito Estradu ‘s (J esteemed colleagues, Sen. Frank Drilon who has speech, the Senate President relinguished the quoted in the The Philippine Daily Inquirer Chair to Senate President Pro Tempore Flavier. published today, and I repeat: “Sen. Frank Drilon said Cruz is the only Cabinet member who could SUSPENSION OF say no to the President. Me objected to the plan THE PRIVILEGE HOUR to declare martial law last January.” Kung hindi pala dahil kay Secretary Cruz, under martial law Upon motion of Senator Pangilinan, there being na pala ang buong Pilipinas. no objection, the Body suspended the privilege hour Secretary CNZ has proven his mettle as a to a later time during which, the interpellation on the topnotch lawyer for adhering to the rule of law, speech of Senator Ejercito Estrada (J) would take and for valuing his good name and reputation place. 4- MONDAY, NOVEMBER 6,2006 617

REPORT OF SENATOR PIMENTEL which case, the matter is dealt in that locality. He reported that a Filipino by the name of Jaybee Senator Pimentel informed the Body that during Ofracio is facing criminal proceedings as a terrorist the break, he attended four conferences, namely, in Northern Ireland. the IF'U conference in Geneva; the conference with the Italian Ministry of the Interior and election Senator Pimentel informed the Body that the automation officials in Rome; a meeting with conference on Burma highlighted its repressive military the Belgian Ministry of the Interior and election regime. He expressed the view that the Body pass a automation officials in Brussels; and two meetings resolution expressing its sentiments against the in London with the London Foreign Ministry, Burmese military regime even as he suggested that particularly on the issue of terrorism; and in Sussex the Philippines downgrade its diplomatic mission in on the issue of Burma. Burma by recalling the Philippine ambassador.

Senator Pimentel reported that in his conversa- Finally, Senator Pirnentel requested that his written tions with officials of the Philippine embassies in report he inserted into the Record of the Senate. Rome, Brussels, Geneva and United Kingdom, he learned that there was a very lukewarm reaction of Following is the full text of Senator Pimentel's Filipino overseas workers to the Overseas Voting report: Act, apparently because of a disinformation campaign waged by some people in government that there 1. IPUC0"cE would be no elections next year; and their Led by Senate President Manuel Villar, apprehension that should they cast their votes, these Sens. , , Pia would not be counted. Cayetano, , , , and I attended the llSh At the IPU conference, Senator Pimentel IPU assembly in Geneva. Two representatives: disclosed that he cast the 18 votes of the Philippine Satur Ocampo and Teddy Casino of Bayan delegation to censure North Korea for its nuclear MUM also attended the conference. tests. He said that in his conversations with the ASEANi3 meeting London experts on terrorism, he gathered that people who are charged with terrorist acts in the United Before the plenaIy sessions of the conference Kingdom are found guilty of common crimes like began, Director Carmen Arceiio of the Senate Office of International Relations and I attended murder and arson as defined in their other statute the meetings of the ASEAN+3 and the Executive books which would be equivalent to the Philippines' Committee of which we are members. Revised Penal Code. Moreover, he stated that terror suspects may be detained by authority of the Home At the ASEAN+3 meeting, our delegation Secretary, and their movements may be restricted by was asked to report on the recently concluded house arrest or their access to the use of computers AIPU conference in Cebu. It caught us by surprise because nobody told us that it was and other means of communications limited. going to be a topic for discussion at the meeting. It was a good thing that Director Arceiio was Senator Pimentel informed the Body that the able - from memory - to substantially recount United Kingdom is trying hard to balance the right of the events that transpired there. the State to safeguard the people from harm by terrorists and to secure the people's fundamental and Thai coup human rights. He revealed that London has revised In both meetings, the matter of the coup in not less than three times its Anti-Terrorism Act since Thailand was discussed. It was also mentioned it was passed soon after the 9/11 incident, and the that Thailand would be sanctioned by the London government would be revising the law again IPU. Three options would be considered for next year. He stressed that London authorities are the E'U. 1. to expel Thailand kom the IPU, grappling with the controversy of proscribing certain 2. to suspend it from the IPU, or 3. to take no speeches like inciting to racial hatred while upholding action on the issue. the right of free speech. He added that prosecution I spoke on the need to treat the Thailand of terror suspects is centralized in London, except coup problem with compassion. I said that when the terrorist act occurs in Northern Ireland in Thailand needed help to get back on the road 4Y 618 MONDAY, NOVEMBER 6,2006

to democracy, not isolate it. To that end, I gestures becoming more pugnacious as we suggested that perhaps the better position for talked. Since he spoke in fast Italian and I do not the IPU to take was not to suspend Thailand’s speak any Italian at all, I was at the mercy of how participation in the Union but to suspend only his interpreter interpreted his harangue. In the its right to vote. end, I told the interpreter to tell him that the only The meetings, however, could not decide reason we wanted the Thai problem discussed the matter for the reason that the issue was left more openly was due to the fact that Thailand for decision by the plenary session of the IPU. was a member of ASEAN and we believed that since our country was a part of ASEAN, we deserved Casini prevents debate to be heard. He, then, said a little more calmly that if we wanted to discuss the matter further, At the plenary, the IPU presiding officer, we could see him “later” and talk about it more. Fernando Casini, railroaded the approval of the recommendation of the Executive Committee that We left it at that. An inevitable consequence Thailand’s membership in the IPU be suspended. of Thailand’s suspension from IPU was the can- He evaded a full-blown discussion of the issue cellation of the previously approved resolution by lumping the Thailand suspension issue with to hold the next IPU conference in Bangkok. the applications for of certain observer admission In any case, Anders Johnsson, the IPU groups into the IPU. After mentioning the secretary, must have been disturbed by the applications of two nations for observer status overbearing attitude that Casini displayed that in the Union and the Thailand problem in the he talked with us later about the matter. I told same breath, he immediately asked if there was him that the only point we wanted to bring out any objection. at the plenary session was the possibility of He spoke in fast Italian. I sensed that the revising the recommendation of “suspending translator could hardly cope with his rapid-fire Thailand from the IPU” to suspending its “right delivery of the matter at hand and before I knew to vote.” I told him that since the matter had what was happening, the applications for observer already been taken up by the IPU plenary, we status and the recommendation that Thailand he saw no point of taking it up again with anyone. suspended from membership of the IPU were approved. To make matters worse, Casini Nuclear test immediately adjourned the session. On the third day of its session, the IPU To be fair, there was no perceptible effort to discussed North Korea’s nuclear test as the discuss the Thai issue extensively from the other “Emergency Item” in the agenda. Many Middle members of the IPU. In fact, in the sessions of East countries wanted to have the recent Israeli ASEAN+3 and of the IPU executive committee, attack on Lebanon placed in the IPU agenda as the Thai delegation composed of new appointed the emergency item. In IPU annual meetings, members of parliament in my opinion only only one emergency item is allowed to be advanced perfunctory arguments for their included in those meetings. country’s continued participation in the IPU conferences. As neophytes, the Thai delegation One African delegate wanted to have his sounded unsure of their position. In fact, they say on the Lebanon-Israeli conflict. Casini would absented themselves from the session when the have none of it. He ruled the delegate out of issue of Thailand’s suspension was taken up. order - which I think was an arbitrary ruling - Apparently, only we - Jamby Madrigal, Satur and proceeded to call on Japan to sponsor its Ocampo, Teddy Casino and I - wanted to have resolution condemning the North Korean nuclear it debated more openly. test. The African delegate - incensed by Casini’s apoplectic manner of ruling him out of order - “Excited” packed up his papers and walked out. While the Japanese delegate was explaining his resolution, We brought up the issue to Casini who we Casini made rude gesticulations at the African saw at the well of the conference hall after he delegate who was in the act of walking out. had unexpectedly adjourned the session. But Casini’s actuations were totally uncalled for but when I opened up the matter to him, it was he got away with it. apparent that he did not want it discussed. He was, in the words of Sen. Jamby Madrigal, DPRK rebuts Casini becoming more “excited” (“agitated”, I think, more accurately described his demeanor) by the In any case, after the Japanese sponsorship way his voice was rising in volume and his of the resolution, Casini recognized the- MONDAY, NOVEMBER 6,2006 619

spokesman of the delegation from “North Korea” to the attention of the IPU the state of forced to state his country’s position on the issue. disappearances and extrajudicial killings in the Casini, however, got impatient and loudly country. The paper was well received judging interrupted the DPRK spokesman. from the applause of the participants. In a most diplomatic display of proper Our other colleagues attended other IPU decorum, the spokesman calmly corrected Casini functions. that the name of his country was the Democratic We also met with Ambassador Manalo and People’s Republic of Korea, not North Korea. He his staff. We were informed that not too many of also suggested that if Casini would tone down our citizens registered for the forthcoming the decibel of his talk, he would he able to elections. Verbally, something like 200 new understand him better. overseas voters registered in Switzerland for Nuke test censured the next elections. Casini lamely explained that he was not lI. ROMEMEETINGS angry with anyone. It was just his way of talking. AAer the IPU conference, I flew to Rome for He said that even his mother had repeatedly meetings with Amhassador Benedetti of the reminded him to lower his voice when he talked. Ministry of Foreign Affairs and election law In the event, at the plenary session of the experts of the Ministry of the Interior. last day of the conference, the IPU voted to Ambassador Benedetti’s office, among other censure the nuclear test based on the motion of things, supervises the activities of Italian Japan. On behalf of the country’s delegation and embassies in the matter of their overseas voting. in the presence of Sens. Flavier, Cayetano and In the course of our conversation, the Madrigal, I cast the 18 votes of the country in ambassador said that Italy conducted three favor of the motion. We all agreed that the separate experiments in computerized counting nuclear test threatened the stability of the region. in the election of their representatives to the Our delegation was also active in the other European Parliament and to their national IPU activities. Sen. presided at the parliament; and in their local elections. Women Parliamentarians meeting. Sen. Fmnk Drilon chaired the Human Righb Committee meetings. Auiomated counting Sen. Jamhy Madrigal organized a caucus of parlia- Today, he said, they have a law that makes mentarians on the human rights situation here. electoral counting automated. Unlike other countries, Benedetti said that Italy limits the Human rights automation only to the counting the votes. He The HR Committee meetings in camera said that it was the opinion of their experts that heard the complaints of Satur Ocampo and automated voting was more complicated and not Teddy Casino regarding the harassments that too many of their people were computer literate. Bayan Muna party list members and other party- He said that they want to make sure that the list legislators had been subjected to by the electorate understood how the counting machines administration. Senator Drilon inhibited himself were used and that the machines accurately fiom the discussion for the reason that it involved counted their votes. the human rights situation of our country. Baedetti also discussed the matter of overseas At the plenary session of the IPU, however, voting. He said that Italian law also allows overseas Frank Drilon reported on the action taken by the voting by their citizens. Their votes are deposited or Human Rights Committee on several cases of mailed to their embassies abroad and from their human rights violations in many countries to their ministry of foreign affairs in Rome at including its resolution on the complaint of least four days before Election Day. He said that Congressmen Ocampo and Casino. The IPU in their experience the number of the overseas approved the Drilon committee report and its voters who cast their votes was minimal. He said recommendation that the government he admon- that, among other things, the reason for the low ished to respect the rights of our parliamentarians. response was that voting was not compulsory.

Desaparicidos With election experts At another committee on Human Rights The ambassador kindly arranged my next chaired by South Korean Jay Yoo, I read a paper meeting with the election experts of the Ministry prepared by Sen. Jamby Madrigal that brought of the Interior. 4&-- 620 MONDAY. NOVEMBER 6.2006

The experts reiterated to me that Italian law I lauded the project and suggested that it be limits their electoral automation to counting. replicated by our other embasies in countries where They said that automated voting poses a lot of there are large concentrations of our citizens. difficulties, not the least of which is the inability especially of many of their citizens to understand A Channel 7 affiliate interviewed me briefly the use of voting machines. on the people’s initiative and other attempts to amend the constitution. In the electoral counting of the votes in Italy, they have instituted safeguards more or less similar III. BRUSSELS MEFTNGS to ours. The voters have to produce IDS that are From Rome, I proceeded to Brussels. There then compared with the voters list in the precinct I had two meetings: the first at the Foreign before they are allowed to vote manually. Their Ministry with Ambassador Christiaan Tanghe ballots are then put into ballot boxes. and the second at the Ministry of the Interior Poll watchers coming from the various with officials in charge of electoral matters. political parties and supervised by election Ambassador Tanghe oversees the Asian officials duly appointed for that purpose monitor and Pacific Affairs ofthe Belgian Foreign Office. what is going on in the polling station. It helped that he was Belgium’s ambassador to After the voting hours, ballots are then Manila before his present posting. We talked for gathered and brought to another polling station. over two hours on his country’s overseas voting There, along with the ballots from other voting experience. He said that since voting was com- centers, the ballots are fed into the counting pulsory, in their experience, they have had fairly machines and transmitted to the central count- good turnouts in their overseas voting. He also ing area. said that Belgians abroad are allowed to vote personally by absentee ballot or by proxy, that Contested ballots are duly noted and if is, by allowing another - any duly authorized - these cannot be resolved at the local level are person to do the actual voting for them in Belgium. brought to the magistrate in charge of the problem. The magistrate then rule on the matter Election experts where usually the question ends. At the Ministry of the Interior, the officials Low OAV regishation in Rome in charge of their electoral process discussed their voting process with me. I gathered from Consul Elmo Fernandez of OUT embassy in Rome that roughly only 500 new They said that the automation of their overseas voters registered for the next election. election process covers both the casting of In the 2004 elections, Rome had the highest votes and counting of the ballots. registration turnout in the whole of Europe. It They conceded the difficulty of adopting a had 14,788 registrants. It ranked number seven nationwide automated election process. They in the global tally of overseas voter registrants. want to make sure that the voters understood 9,181 out of the 14,788 registered voters actually how the machines worked and that the machines voted during the elections of 2004. Rome, there- could be relied upon to receive and count their fore, had a voting turnout percentage of 62%. votes accurately.

Filipino communi@ meeting On& 43% automated I attended an S.R.O. Filipino community Belgium has had over 14 years experience in meeting at a church hall in the Basilica di S. election automation. But up to this point, they Pudenziana in Rome. have only done automated elections in 43% of the nation. They justify the slow pace of their Led by a dynamic priest, Albert0 Guevara, automation the need for accuracy and CS, and an equally dedicated couple, the on reliability of the machines and the necessity Llamazons, the community leaders launched a on for the people to understand fully how the project, “Hopeline,” to enable distressed our machines operate so that they may have implicit overseas compatriots get expert counseling for faith the reliability of the voting machines. free through the telephone and the internet. on The organizers explained that the project Few OAV registrants in Belgium was aimed principally to help our expatriate Our embassy personnel told me that about children to integrate into the Italian society and 300 new overseas voters have so far registered prevent their alienation by their new environment. for the next e1ections.w MONDAY, NOVEMBER 6,2006 621

From Brussels,’I flew to London upon the I told the ministry officials that even as we invitation of UK Ambassador to Manila Peter (in the Senate Opposition) favor the enactment Beckingham. of a new legislation on terrorism, we are apprehensive that anti-terrorism measures might Iv. LONDONMEETINGS be used to abuse our people and harass even the legitimate opposition. In London, I had two official functions. The first was a joint meeting with officials of the I learned from a source not connected with Ministry of Foreign Affairs and the Home Office the Foreign Ministry or the Home Office that on terrorism. The other was a conference on Burma criminal proceedings are being started against a organized by Wilton Park, a British thinktank. Filipino by the name of Jaybee Ofracio in Northern Ireland. He is reportedly suspected of Foreign Ministty & Home Office briefing having ties with Jimaah Islamiyah either in Indonesia or in Sulu. The ministry officials briefed me about their terrorism legislation. I gathered from our Conference on Burma conversation that: The conference took place in an old castle * People who are charged with terror acts may located in a huge farm in Sussex, some two hours be found guilty of common crimes (murder, by car from London. arson, etc) as defined in other statute books. Participated in by Burmese living in Burma t Terrorism suspects may be detained by as well as some Burmese exiles, the conference authority of the Home Secretary or their explored ways by which the country may movements may be restricted by house arrest develop democratically even as it is under a or city arrest and the like or their access to military dictatorship. the use of computers, emails and other means The inputs of the Burmese were reinforced of communications may be limited. by the observations of European aid workers in t They are trying hard to balance the right of BUllXI. the State to safeguard their people from harm The participants grappled with the problems by terrorists and secure the entitlement of the people to their fundamental and human faced by the Burmese people under one of the rights. most repressive military regimes in the world. t They have revised their anti-terror legislation Some NGO workers urged that international many times and are now preparing a new humanitarian assistance in the country be (2006)revision. augmented even within the constraints of the authoritarian regime. Ethnic representatives of t They have declared several organizations, the Shan, Karen, Mon and other tribal groups in A1 Qaeda, Jimaah Islamiyah, and others, as Burma pleaded for international sanctions to be terrorist organizations. The declaration of imposed on the military regime. They submitted those organizations as terrorist subjects their documented reports of mass exterminations of bank accounts to seizure or freezing and ethnic minorities; rapes as a means of intirnida- criminalizes membership in them. tion and humiliation of women; wholesale t Search and seiznres may be allowed for abductions of suspected rebels; forced labor and specific areas and for limited periods by the conscription of child soldiers. Home Office Secretary. One of the most touching pleas came from a t They are grappling with the problem of young man whose identity cannot be revealed proscribing certain speeches (inciting to racial under the Rules adopted in the conference. He hatred, for example) and upholding the right said that while he appreciated the efforts of to free speech. humanitarian agencies operating in Burma today, he said he did not want to see the Burmese t The prosecution of terror suspects is people forever dependent on the charity of other centralized in London [exception: Northern peoples. He said tearfully that he certainly did Ireland terrorists who are hied in Northern not want his children to be wandering in Europe Ireland]; or other countries begging for years on end to t They said that they welcome the sharing of keep body and soul together. other counties’ experiences on the fight Plaintively, he asked that adequate sanctions against terrorism. be leveled at the military regime in Burma. Only&* 622 MONDAY. NOVEMBER 6.2006

then, he said, could the country establish a End of conference democratic government and pursue a genuine economic development that would truly benefit The conference on Burma ended on the the people, not the military rulers. evening of Saturday, November 4. I flew home on the morning of November 5.

Tru@ tragic Word of thanks While the views expressed by most of the Thanks are due to our embassies in Geneva, Burmese participants did not equate Burma’s the Vatican; Rome; Brussels, and London for freedom and democracy with Aung San Syu their kind support to our meetings in their Kyi, the detained leader of the country’s respective areas of assignment, and to the parliamentary opposition, it was clear that embassy in the Netherlands for facilitating my neither could she be dissociated from any effort transfer flights at the Schipol airport. to democratize the country. She has been in detention without any trial for more than 18 Needless to say, without their generous years now. And that, I ventured to say, was truly assistance, we could have done our tasks but tragic. only with extreme difficulty. I also shared with them our country’s THIRD ADDITIONAL experience with the 14-year martial law dictator- ship of Marcos and how the peaceful opposition REFERENCE OF BUSINESS coped with the repressions of the government. The Deputy Secretary for Legislation read the All told, the outcome of the conference was following matter which the Chair assigned to the inconclusive as to how best to help Burma Calendar for Ordinary Business: develop democratically. Nonetheless, the inputs of the participants gave me a deep understand- Committee Report No. 153, prepared and submitted ing of the myriad problems confronting the by the Committee on Foreign Relations, on people of Burma in their struggle for &eedom, Proposed Senate Resolution No. 581, entitled justice and peace. It was worth the four days of live-in but lively discussions in the confines of RESOLUTION CONCURRING IN THE the archaic beauty of the Wilton Park castle. RATIFICATION OF THE UNITED UK SurveiIIance Survey NATIONS CONVENTION AGAINST CORRUPTION, On November 1, UK newspapers carried items on the results of a study conducted by a recommending its approval without amendment. surveillance systems company that slammed the government of our country for having poor Sponsor: Senator Miriam Defensor Santiago police protection for the people, bad law enforce- ment and limited access to legal remedies. It listed SPECIAL ORDER the government as among the top telephone and communications buggers of the world. Upon motion of Senator Pangilinan, there being All that without benefit of an anti-terrorism no objection, the Body approved the transfer of law! Committee Report No. 153 on Proposed Senate Resolution No, 581 from the Calendar for Ordinary Interview with Danny Buenafe Business to the Calendar for Special Orders. Danny Buenafe of ABS-CBN interviewed me on a number of current issues affecting the COMMITTEE REPORT NO. 153 ON country. PROPOSED SENATE RESOLUTION NO. 581 I told him of the problem we are encountering with the proposals to amend the Upon motion of Senator Pangilinan, there being Constitution by illegal methods like the People’s no objection, the Body considered, on Second Reading, Initiative and the weird Constituent Assembly Proposed Senate Resolution No. 581 (Committee theory of Speaker Joe de Venecia. Report No. 153), entitled I also touched on the massive corruption of the administration that distorts the proper RESOLUTION CONCURRING IN THE delivery of basic services to our people. RATIFICATION OF THE UNITEDr MONDAY. NOVEMBER 6.2006

NATIONS CONVENTION AGAINST Historical chvonologv CORRUPTION. Since 1996, several international agreements that seek to prevent and combat corruption Pursuant to Section 67, Rule XXIII of the Rules have been concluded, primarily at the regional of the Senate, with the permission of the Body, upon level. Asia is the only continent that lacks such motion of Senator Pangilinan, ody the title of the an instrument. International agreements are as resolution was read without prejudice to the insertion follows: of its full text into the Record of the Senate. a. In the Americas -the Inter-American Conven- tion against Corruption of 29 March 1996. Thereupon, the Chair recognized Senator b. In Europe Defensor Santiago for the sponsorship. - the Criminal Law Convention of the Council of Europe (27 January 1999); SPONSORSHIP SPEECH OF SENATOR DEFENSOR SANTIAGO - the Civil Law Convention of the Council of Europe (4 November 1999); and In sponsoring Proposed Senate Resolution No. 58 1, - the Convention on the Fight against Senator Defensor Santiago delivered the following Corruption involving Officials of the speech: European Communities or Officials of Member States of the European Union of 26 May 1997. UN CONVENTION AGAINST COFiRUPllON c. In Africa - the African Union Convention to I have the honor of presenting this Senate Prevent and, Fight Corruption of 12 July 2003. Committee Report for concurrence in the ratification of the UN Convention Against The developed countries that are members Corrnption. of the Organisation for Economic Co-operation and Development (OECD), with headquarters in Issues involved Paris, signed a Convention on Combating Bribery of Foreign Officials in International Interest in corruption as a national and Business Transactions on 21 November 1997. transnational phenomenon increased in the decade following the end of the Cold War, which Within the UN hnewrrk,the GendAssemhly obviated the need to prop up corrupt govern- has approved a number of resolutions concern- ments in developing countries for the sake ing corruption, but these remain non-binding. of their continued support of the West in the While the UN Convention Against Trans- ideological stmggle against the East. There national Crime contains some provisions that has also been a growing awareness, in the address corruption, the General Assembly last fifteen years, of the fact that hundreds of decided that a separate international agreement millions of dollars in Official Development on corruption was desirable and established an Assistance (ODA) to developing countries Ad Hoc Committee for the Negotiation of the have been squandered due to corruption. The Convention against Corruption (Resolution 551 IMF is reported to have calculated that the 61 of 4 December 2000). The Ad Hoc Committee annual amount that crosses borders through held seven sessions at the UN Office for Drug money laundering, bribery, corruption, fraud and Control and Crime Prevention in Vienna between tax evasion is $80 billion, January 2002 and October 2003, thus completing negotiations in 19 months. Given the downward trend in ODA volumes, one obvious response has heen to seek to The Convention approved by the Ad Hoc improve the efficiency of aid by decreasing the Committee was adopted by the General incidence of corruption in recipient countries. Assembly (Resolution 5814 of 31 October 2003). More broadly, negotiation of the Convention is Mexico hosted a High-Level Political Signing rooted in a recognition, as the Convention puts Conference in Merida for the purpose of signing it, of “the seriousness of problems and threats the Convention (9-1 1 December 2003). posed by corruption to the stability and security of societies, undermining the institutions and Main features of the convention values of democracy, ethical values and justice The Convention’s provisions set minimum and jeopardizing sustainable development and international standards in the fight against the rule of law.” cormption and seek to promote international &Y 624 MONDAY, NOVEMBER 6,2006

cooperation. Under the heading of standard- The general principle laid down in Art. 5 1 is that: setting, the Convention addresses both the prevention of corruption, whether in the public the return of assets... is a timdamental or private sector, and the criminalization of principle of this Convention, and States corruption. Parties shall afford one another the widest measure of cooperation and Among the innovative measures that the assistance in this regard. Convention urges states to adopt as regards the public sector are the establishment of systems to As the rapporteur of the Committee on facilitate reporting by public officials of acts of Foreign Relations of the French Senate obsenred, corruption (Art. 8, 94) and the establishment of this is the first time that an international systems of review of and appeals against govem- instrument lays down the principle of asset ment procurement decisions (Art. 9, $l(d)). As recovery and establishes modalities for applica- regards the private sector, the measures that tion of the principle. Transparency International states are urged to adopt include the restriction adds that the provisions on asset recovery will of the employment of public officials in the support the efforts of countries to redress the private sector after leaving public service worst effects of corruption while at the same time (Art. 12, 82(3)) and the inclusion on forms sending a message to corrupt officials that there for electronic funds transfer of “accurate and will be no place to hide their illicit assets. meaningful” information on the originator The measures that states may take to (Art. 14, $3(a)). facilitate asset recovery include those that As for criminalization, the Convention identify owners of high-value accounts (Art.52, requires that states provide for criminal offenses $1); prevent the establishment of banks that covering a wide range of corrupt acts. In the have no physical presence and are not affiliated public sector, these acts cover not only basic with a regulated financial group (Art. 52, 94); forms of conuption such as bribery of national permit another state to establish title to property public officials, foreign public officials and acquired through corruption (Art.53 (a)); permit officials of public international organizations its courts to order those guilty of corruption to (Arts. 15 and 16) and embezzlement (Art. 17), but pay compensation to a state that has been also trading in influence (Art. 18), the abuse of harmed by corruption (Art. 53 (b)); permit its functions (Art. 19), illicit enrichment (Art. 20), courts to give effect to a foreign confiscation and the laundering of proceeds of crime (Art.23). order (Art. 54 $l(a)); permit its authorities to As regards the private sector, the Convention order confiscation of property (Art. 54 8 l(b)); calls on states to consider criminalizing private- permit its authorities to freeze or seize property to-private bribery and embezzlement (Arts. 21 upon order issued by a foreign court (Art. 54 and 22). 92(a)); and return confiscated property or public funds (Art. 57,882, 3). In the kaniework of the Convention, inter- national cooperation may take two main forms: RP obligations under WCAC mutual legal assistance, including extradition; and asset recovery. Mutual legal assistance may The following information must be be requested for many purposes (Art. 46, 63). submitted by the Philippines to the UN States are allowed to use the Convention as a Secretary-General at the time of deposit of the basis for extradition of a person for offenses that instrument of ratification of the Convention: are not punishable under its law (Art.44, $5). As a. The name of the central authority with the the Constitutional Tribunal of Ecuador put it, the responsibility and power to receive requests Convention will fill the existing legal vacuum as for mutual legal assistance and either to regards extradition of persons from countries execute them or to transmit them to the with which the requesting country has no competent authorities for execution (Art. 46, extradition treaties. In other words, states parties $13); to the Convention will be able to proceed immediately with extradition, without the need to b. The language(s) acceptable to the Philippines negotiate bilateral agreements. in which requests for mutual legal assistance may be made (Art.46, 814). New principle of asset recovery The Foreign Relations Committee recom- Most observers regard the provisions mends that at the time of deposit of the of Chapter V of this Convention on Asset instrument of ratification of the Convention, the Recovery, (Arts. 5 1-59) as groundbreaking. Philippines should inform the UN Secretary-&/ MONDAY, NOVEMBER 6,2006 625

General that it will take the Convention as the Note of caution legal basis for cooperation on extradition with other states parties to the convention (Art. 44, Although your Committee on Foreign $6). At present, the Philippines has extradition Relations is sponsoring, and I am ready to treaties with only 11 countries. The provision defend the UNCAC with my cosponsor, Senator will obviate the need to negotiate bilateral Angara, I believe it is part of my duty to warn the treaties to deal with corruption cases. Senate that certain provisions of this Convention might prove detrimental to our sovereignty. Siate parties I refer to the following provisions: As of August 2006, 62 states have ratified + Article 3 1, on freezing, seizure and the Convention, which entered into force on 14 confiscation December 2005. Of the 62,24 are from Africa, 10 4 Article 38, on cooperation between are ftom Asia and the Pacific, 15 are from Europe, national authorities and 13 are from North, Central and South + Article 46, on mutual legal assistance, America and the Caribbean. So far, no Southeast particularly paragraph 4, as follows: Asian country has ratified the Convention or acceded to it. “4. Without prejudice to domestic law, the competent authorities of a State Party RP commending ratification may, without prior request, transmit Mom- ation relating to criminal matters to a Ratification by the Philippines has been competent authority in another State Party endorsed by the following agencies: the where they believe that such information Department of Justice; the Department of could assist the authorities in undertaking or Foreign Affairs; the Office of the President; and successfully concluding inquiries in criminal the Presidential Anti-Graft Commission. proceedings or could result in a request formulated by the latter Party, pursuant Benefits ratifieation State of to this Convention.” The Convention differs from other My personal fear is founded on my international instruments mentioned above in speculation that under this provision, a powerful that it is universal, comprehensive, and balanced. state could manipulate the removal of a It is universal in the sense that it is open to Philippine head of state that it considers to be ratification by states from all regions of the uncooperative, by transmitting damaging world. The Convention is also comprehensive information to the opposition in the Philippines. since it addresses the phenomenon of corrup- However, this speculation seems to be assuaged tion as a whole. Finally, the Convention seeks by the introductory clause which provides: to strike a balance between the concerns of “Without prejudice to domestic law.” Thus, in developed and developing countries. Most the event, if we ratify this treaty, the Ofiice of the notably, in order to prevent developed countries Ombudsman should draft the necessary bill. For from attempting to apply their domestic laws example, it should provide that under the extraterritorially (i.e,, beyond national borders), UNCAC, the term “competent authority” should as a way of compensating for the alleged be limited to certain official agencies with power shortcomings of legislation in developing to investigate and prosecute, e.g., NBI, or countries, the Convention contains a separate Ombudsman. In any event, the Congress should article (Art. 4) that insists on the protection of forestall on the part of the Philippine government sovereignty. any vulnerability to the manipulation of any Ratification of the Convention will send powerful state. a signal to foreign governments and corpora- Further, I have read the convention several tions that the Philippines is determined to stamp times in order to determine that our sovereignty out corruption. At the same time, we are aware is protected, and at this time, I am satisfied that that the entry into force of the Convention such a protection exists for two reasons: for the country constitutes only a first step, which must be followed by implementation of 1. The paucity of concrete obligations imposed the Convention at the domestic level. By ratify- by the convention. There is repeated ing the Convention, the Philippines is in reference in the convention to the conformity effect declaring that it is willing to be judged of its provisions with domestic law. It also according to the standards laid down in the has language that implies that provisions of Convention. the convention can only be incorporated6 626 MONDAY, NOVEMBER 6,2006

domestic law on condition that they are in covered by a draft bill that we shall request conformity with the latter. And finally, the those departments to submit to us. convention uses terms such as “endeavor” or “consider.” The implication is that if a Conclusion state fails after making the appropriate efforts, then it cannot be held accountable for For all the reasons I have enumerated, violation of the convention‘s provisions. I humbly recommend that the Senate concur in the ratification of the United Nations Convention 2. There is a lack of an enforcement mechanism Against Conuption. Further, I beg our colleagues in the convention. This was because the to finish Second Reading today, in order that we developing countries during the negotiations could, if possible, schedule Third Reading for argued that the monitoring mechanisms Tuesday or Wednesday. The reason for this should not be inclusive in nature and should emergency schedule is that the Senate should respect state sovereignty, I repeat, that a ratify the UNCAC before Friday, November 10, separate article, Article 4, has been inserted if our country wishes to avail of the right to in the convention that insists on the protec- participate in the election of officers, and in the tion of sovereignty. In fact, I believe that drafting of the Rules of Procedure during this Article is redundant since state the scheduled first session of the Conference sovereignty is a fundamental principle of of the parties. international law. I understand that after my sponsorship Thus, in view of the paucity of concrete speech, Senator Angara, who has been attending obligations imposed on states and in view of the international conventions on anti-corruption weakness of the enforcement mechanism in the work, will deliver his own cosponsorship speech convention, I have been brought around through after which, he and I both will be ready to defend the decision that ratification may come to be the measure. seen by countries where corruption is endemic as a low price to pay for the image of a good COSPONSORSHIP SPEECH international citizen. OF SENATOR ANGARA I will just add that much of what the Convention prescribes as steps, particularly laws In cosponsoring Proposed Senate Resolution that have to be adopted by the state parties, and No. 581, Senator Angara reported that he attended therefore, by the Philippines, if we ratify this a conference on corruption in Tanzania from treaty, have already been undertaken by the September 20 to 24 during which, a memorable Philippines under existing laws. presentation was made by the head of the anti- Our existing laws include the Penal Code, corruption body of Nigeria, an African nation with the Anti-Graft and Corrupt Practices Act, the vast assets of oil and gas, but unfortunately known Code of Conduct for Public Officials and for rampant corruption. Employees, the Anti-Plunder Law, the Forfeiture Law, P.D. No. 46 that penalizes corrupt acts, Senator Angara said that the presentor reported R.A. No. 6713 on reporting requirements by way that the anti-corruption body was able to send five of the Statement of Assets, Liabilities and governors to jail and was also indicting both the Net Worth and Public Access to Information, justice and education ministers for corruption, and, in P.D. No. 1829 for obstruction of justice, and a span of six months, was able to recover $5 billion R.A. No. 6981 insofar as witness protection and incentives are involved, and R.A. No. 9160 on deposited in Switzerland by virtue of the UN money laundering. Convention, with Switzerland volunteering to surrender the money without much ado. He recalled that he Despite the proliferation of Philippine laws, tried to intervene to say that in the 17-year effort however, there are still a few areas which are not to recover the Marcos wealth, only $630 million was covered by the Convention, but, 1 have said, as recovered. it will be easy for the Office of the Ombudsman, for example, with the cooperation of the Depart- ment of Foreign Affairs, both agencies being Senator Angara agreed with Senator Defensor represented here this afternoon, the Ombudsman, Santiago that the Convention is quite remarkable in if fact, by no less that the Ombudsman herself, the sense that for the first time in international law, Merceditas Gutiemez. All of these other areas there is global consensus that corruption is a plague not covered by Philippine law could easily be on every country.+- MONDAY. NOVEMBER 6,2006 627

Senator Angara cited the four pillars upon TERMINATION OF THE PERIOD which the convention rests. The first pillar, he said, OF INTERPELLATIONS is the preventive measures outlined in the Convention that each country can adopt in order to prevent the There being no reservation for interpell- commission of comiption which involves not only ation, upon motion of Senator Pangilinan, there the public sector but also the private sector and being no objection, the Body closed the period of civil society. He stated that the second pillar interpellations. criminalizes certain well-known notorious acts and activities that, in the Philippines, are already criminal- TERMINATION OF THE PERIOD ized, for instance, bribery of public officials, active OF AMENDMENTS bribery of foreign public officials, embezzlement, misappropriation, money laundering, and obstruction There being no committee or individual ofjustice. He said that while these are just mandatory amendment, upon motion of Senator Pangilinan, there offenses that the Convention criminalizes, there are being no objection, the Body closed the period of other offenses that Senator Defensor Santiago already amendments. mentioned. APPROVAL OF PROPOSED The third pillar of the Convention, Senator Angara SENATE RESOLUTION NO. 581 said, is the international cooperation woven in ON SECOND READING the entire fabric of the Convention, thus, there is now a clear-cut obligation on the part of each party Submitted to a vote, there being no objection, state to cooperate in the implementation of all the Proposed Senate Resolution No. 581 was approved measures enumerated and there would now be an on Second Reading. easier way of recovering looted assets and treasures of a country that may have been deposited in a third SUSPENSION OF CONSIDERATION OF country. PROPOSED SENATE RESOLUTION NO. 581

Senator Angara noted that the fourth pillar Upon motion of Senator Pangilinan, there being is the principle of asset recovery which is new, no objection, the Body suspended consideration of noble and quite important especially to developing the resolution. countries like the Philippines where treasures and public moneys are usually shipped out and deposited SUSPENSION OF SESSION in the account of some third party. He explained that under the Convention, it would now be easier Upon motion of Senator Pangilinan, the session for the Philippines to arrange with another state party was suspended. that has signed and concurred in the Convention for looted treasure and public money to be repatriated It was 5:51 pm. to the country. RESUMPTION OF SESSION Senator Angara expressed pride in being associated with the Convention, especially in his At 605 pm., the session was resumed with chairmanship of a small committee of the International Senate President Villar presiding. Board of Global Organizations of Parliamentarians Against Corruption that helped draft some of the ACKNOWLEDGMENT OF language of the Convention and in co-heading the THE PRESENCE OF GUESTS Philippine delegation to Merida, Mexico. He disclosed - ~ that Ambassador Victor Garcia was the vice-chairman At this point, the Chair acknowledged the of the drafting committee of the convention, In presence of the delegation f?om the National People’s closing, he urged the Body to approve the resolution Congress of the People’s Republic of China headed SO that the Philippines could become a state party to by Hon. Wen Shizhen, member of the Standing the convention and claim the honor of being one of Committee and Vice-chairman of Financial and the only two Southeast Asian countries that have Economic Affairs Committee; Hon. Chen Jiaqui, ratified the Convention. member of the Standing Committee, and the Finmcialg 628 MONDAY, NOVEMBER 6,2006

and Economic Affairs Committee; Hon. Hou Yibin, In favor member of the Standing Committee, and the Financial and Economic Affairs Committee; Hon. Tan Naida, Angara Lim member of the Financial and Economic Affairs Defensor Santiago Madrigal Committee; Mr. Zhu Mingchun, Chief of the Research Drilon Magsaysay Office, Financial and Economic Affairs Committee; Ejercito Estrada (J) Pangilinan Pimentel Ms. Shen Peng, Vice Director of General Office, Ejercito Estrada (L) Financial and Economic Affairs Committee; Mr. Zhu Enrile Recto Zhongliang, Deputy Chief of the Research Office, Flavier Roxas Vilh Financial and Economic Affairs Committee; and Lacson Mr. Wang Jianli, secretary to the head of the Lapid delegation. Against SUSPENSION OF SESSION None

With the permission of the Body, the Chair Abstention suspended the session. None It was 6:07 p.m, With 17 senators voting in favor, none against, RESUMPTION OF SESSION and no abstention, the Chair declared Proposed Senate Resolution No. 581 approved on Third At 607 p.m., the session was resumed. Reading.

SUSPENSION OF THE RULES SUSPENSION OF SESSION

Upon motion of Senator Pangilinan, there being Upon motion of Senator Pangilinan, the session no objection, the Body suspended the Rules of the was suspended. Senate. It was 6:09 p.m. APPROVAL OF PROPOSED SENATE RESOLUTION NO. 581 RESUMPTION OF SESSION ON THIRD READLNG At 6: 11 p.m., the session was resumed. Upon motion of Senator Pangilinan, there being no objection, the Body considered, on Third Reading, Proposed Senate Resolution No. 581. HOUSE JOINT RESOLUTION NO. 1

Pursuant to Section 67, Rule XXIII of the Rules Upon motion of Senator Pangilinan, there being of the Senate, upon motion of Senator Pangilinan, no objection, the Body considered House Joint there being no objection, Secretary Yabes read only Resolution No. 1, entitled the title of the resolution, to wit: JOINT RESOLUTION TO EXEMPT RESOLUTION CONCURRING IN THE CERTAIN MUNICIPALITIES EM- RATIFICATION OF THE UNITED BODIED IN BILLS FILED IN NATIONS CONVENTlON AGAINST CONGRESS BEFORE JUNE 30, 2001 CORRUPTION. FROM THE COVERAGE OF REPUBLIC ACT NO. 9009. Secretary Yabes called the roll for nominal voting. On the parliamentary status, Senator Pangilinan RESULT OF THE VOTING recalled that before Congress went on recess last October, the Body passed House Joint Resolution The result of the voting was as follows: No. 1 on Second Reading subject to the condition, at t@ MONDAY, NOVEMBER 6,2006 629

the instance of Senator Enrile, that it be without Senator Pimentel as chairman,and Senators Cayetano, prejudice to its reconsideration as there were issues Recto, Roxas, Gordon and Angara as members of that needed to be clarified. the Senate panel in the bicameral conference committee on the disagreeing provisions of Senate REMARKS OF SENATOR PIMENTEL Bill No. 2226 and its counterpart House bill.

Senator Pimentel bared that when the resolution CONFERENCE COMMITTEE ON was passed on Second Reading, he was in the HOUSE BILL NO. 5500 hospital for treatment of a pinched nerve. He argued that it is unfair for the House of Representatives to Upon nomination by Senator Pangilinan, there expect the Senate to violate a law that emanated being no objection, Senate President Villar designated from the Senate itself. He asserted that the net Senator Lim as chairman, and Senators Magsaysay, effect of passing the resolution would be the grant, in Flavier, Osmefia, Madrigal, and Lapid, as members a whosale manner, of an exemption to the of the Senate panel in the Bicameral Conference municipalities from the income requirement. He Committee on the disagreeing provisions of House suggested that the Members of the House themselves Bill No. 5500 and its Senate version. file the individual bills exempting the municipalities that want to become cities and forward them to the ADJOURNMENT OF SESSION Senate for proper action. Upon motion of Senator Pangilinan, there SUSPENSION OF SESSION being no objection, the Chair declared the session adjourned until three o’clock in the afternoon of the Upon motion of Senator Pangilinan, the session following day. was suspended. It WQS 6:42 p.m It was 6.17 p.m

RESUMPTION OF SESSION I hereby certify to the correctness of the foregoing. At 6:39 p.m., the session was resumed.

SUSPENSION OF CONSIDERATION OF HOUSE JOINT RESOLUTION NO. 1

Upon motion of Senator Pangilinan, the Body suspended consideration of the resolution.

CONFERENCE COMMITTEE ON SENATE BILL NO. 2226 AND A HOUSE BILL NO. 4629 /” Upon nomination by Senator Pangilinan, there being no objection, Senate President Villar designated Approved on November 7, 2006