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Senat:E Pasay City REPUBLIC OF THE PHILIPPINES Senat:e Pasay City Journal SESSION NO. 92 Monday, June 6,2011 FIFTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 92 Monday, June 6, 20 II CALL TO ORDER bear fruit, better the lives of our people, right those which are wrong, improve those At 3:28 p.m., the Senate President, Hon. Juan which are mediocre, strengthen those which Ponce Enrile, called the session to order. are weak, and bring our nation closer to that quality of life consistent with the abundance PRAYER You have promised us. Sen. Teofisto "TG" L. Guingona III led the Now, we humble ourselves before You prayer to wit: to ask that the work of our hands and collective minds would lead to the healing of As our First Regular Session in the our land; to the unity of our people's vision Fifteenth Congress draws to a close, and purpose; to the solidarity among our we take inspiration from the Bible in diverse aspirations; and to the oneness of these timeless prophetic words from the our nation's spirit. 2 Chronicles 7: 14: In You, may we find forgiveness for If my people, who are calJed by my mistakes, shortcomings, fail ures, frustrations, name, wilJ humble themselves and pray and disappointments. May Your Father's and seek my face and tum from their love be the constant source of our shared wicked ways, then I will hear from strength wisdom as we humbly strive to heaven, and I will forgive their sin and serve our countrymen better. will heal their land. Pray with me please. And may the glory and honor be Yours forever. Almighty and most merciful God, we come before You today as elected servants Amen. of Your people. Today, we thank You for blessing the work of our hands and collec­ NATIONAL ANTHEM tive minds during the session of Congress, now about to close. The Senate Choir led the singing of the national Now, we humble ourselves before You anthem and thereafter rendered the song, entitled to ask that our legislative work would now Bayan Ko. 1470 MONDAY, JUNE 6, 2011 ROLL CALL which were distributed to the senators on June 2, 2011. Upon direction of the Chair, the Secretary of the Senate, Atty. Emma Lirio-Reyes, called the roll, Pursuant to Section 67, Rule XXIII of the Rules to which the following senators responded: of the Senate, upon motion of Senator Sotto, there being no objection, Secretary Reyes read only the Angara, E. J. Honasan, G. B. title of the resolution, to wit: Arroyo, J. P. Lacson, P. M. Cayetano, A. P. C. S. Lapid, M. L. M. JOINT RESOLUTION EXTENDING THE Cayetano, P. S. Osmefia Ill, S. R. PERIOD OF EXISTENCE OF THE Defensor Santiago, M. Recto, R. G. JOINT CONGRESSIONAL POWER Drilon, F. M. Revilla Jr., R. B. COMMISSION. Ejercito Estrada, J. Sotto Ill, V. C. Enrile, J. P. Trillanes IV, A. F. Secretary Reyes called the roll for nominal Escudero, F. J. G Zubiri, Z. M.F. voting. Guingona Ill, T. L. RESULT OF THE VOTING With 19 senators present, the Chair declared the presence of a quorum. The result of the voting was as follows: Senators Marcos, Pangilinan and Villar arrived after the roll call. In favor Senator Legarda was on official mission abroad. Arroyo Honasan Cayetano (A) Lacson APPROVAL OF THE Cayetano (P) Lapid JOURNAL OF SESSION NO. 91 Defensor Santiago Osmefia Drilon Recto Upon motion of Senator Sotto, there being no Ejercito Estrada Revilla objection, the Body dispensed with the reading of Enrile Satta the Journal of Session No. 91 (June 1,2011) and Escudero Trillanes considered it approved. Guingona ACKNOWLEDGMENT Against OF THE PRESENCE OF GUESTS Angara Zubiri At thisjuncture, Senator Sotto acknowledged the presence in the gallery of the members of the Abstention Reform ARMM Now Coalition and other guests None from Mindanao. Senate President Enrile welcomed the guests to With 17 senators voting in favor, two against, the Senate. and no abstention, the Chair declared Senate Joint Resolution No.9 approved on Third Reading. At this juncture, Senate President Enrile relinquished the Chair to Senate President Pro EXPLANATIONS OF VOTE Tempore Ejercito Estrada. By Senator Angara APPROVAL OF SENATE JOINT RESOLUTION NO. 9 Senator Angara explained his negative vote, ON THIRD READING to wit: Upon motion of Senator Sotto, there being no Senate Joint Resolution No. 9 is an objection, the Body considered, on Third Reading, encroachment on Executive power and is Senate Joint Resolution No.9, printed copies of unconstitutional. MONDAY, JUNE 6,2011 1471 The powers of the Power Commission administrative details, intrinsically, executive (PowerCom) given under Senate Joint Resolution in nature. No.9 authorize the Powercom to perform func­ There is absolutely no good reason nor tions of the Executive Branch. It does not merely satisfactory justification for extending the tenn act as an oversight committee. of the PowerCom. Well, they said it has some Senate Joint Resolution No.9 seeks exten­ uncompleted tasks. Maybe, one reason - and I sion of another 10 years, avowedly to see to the am not trying to bring down the prestige of the completion of the following goals and objectives PowerCom - it was unable to do in the last ten under the EPIRA: years what it was tasked to do, is that it assumed powers purely executive in nature, and therefore, I. Implementation of retail competition and it is not really established and built for that open access on distribution wires; purpose. For that reason, I vote "no" to this 2 Formation of the Independent Market extension. Operation (IMO); By Senator Osmeiia 3. Detennination, fixing and approval by the Energy Regulatory Commission (ERC) of a Explaining his affirmative vote, Senator Osmena Universal Charge (UC); asserted that a Senate resolution or even a joint 4. Reduction of the royalties, returns and taxes resolution cannot amend the law. He noted that collected for the exploitation of all indige­ Senator Angara merely quoted the explanatory nous sources of energy to effect parity of note to the resolution. He stated that he did not tax treatment with existing rates for imported know what made Senator Angara change his mind coal, crude oil and other imported fuels and the corresponding reduction of the considering that he was the sponsor of the Renew­ power rates from all indigenous sources of able Energy Law who made the PowerCom the energy; and oversight committee. 5. Performance by the National Power ACKNOWLEDGMENT Corporation Small Power Utilities Group of the missionary electrification mission. OF THE PRESENCE OF GUESTS In the case of the Renewable Energy Act, At this juncture, Senator Sotto acknowledged (RE Act), under Senate Joint Resolution No.9, the presence in the gallery of Rep. Bai Sandra the PowerCom is tasked with the implementation A. Serna of the I" district of Maguindanao and of the Renewable Energy Act which entails, Cotabato City, author of House Bill No. among others, the formulation or establish­ 4146. ment of: CONSIDERATION OF HOUSE BILL NO. 4146 I. The Feed-in-Tariff (FIT) system; (Continuation) 2. The Renewable Portfolio Standards (RPS); Upon motion of Senator Satta, there being no 3. The Renewable Energy Market (REM); objection, the Body resumed consideration, on Second 4. The Green Energy Option; and Reading, of House Bill No. 4146, taking into consider­ ation Senate Bill No. 2756, entitled 5. The Net-metering for Renewable Energy. As can be readily seen from that listing, the AN ACT PROVIDING FOR THE above EPIRA and RE goals and functions are SYNCHRONIZATION OF THE clearly matters for executive action. They all ELECTIONS AND THE TERM OF partake of implementation of the EPIRA and the OFFICE OF THE ELECTIVE RE Act, purely executive in nature. OFFICIALS OF THE AUTONOMOUS What the RE Act granted PowerCom are the REGION IN MUSLIM MINDANAO usual oversight functions, namely, scrutiny and (ARMM) WITH THOSE OF THE investigation, in order to ensure administrative NATIONAL AND OTHER LOCAL efficiency in aid of legislation. OFFICIALS, AMENDING FOR THE However, Senate Joint Resolution No. 9 PURPOSE REPUBLIC ACT NO. 9333, virtually invests the PowerCom with authority to ENTITLED "AN ACT FIXING THE implement both laws and involve itself with DATE FOR REGULAR ELECTIONS 1472 MONDAY, JUNE 6, 2011 FOR ELECTIVE OFFICIALS OF Members of the House of Representatives, local THE AUTONOMOUS REGION IN officials, and the President and Vice-President MUSLIM MINDANAO, AND FOR have been synchronized to end on the same OTHER PURPOSES." hour, date and year - noon of June 30, 1992. "It is likewise evident from the wording of Senator Sotto stated that the parliamentary status the above-mentioned Sections that the term of was still the period of interpellations. synchronization is used synonymously as the phrase holding simultaneously since this is the RESERVATIONS TO INTERPELLATE precise intent in terminating their office tenure on the same day or occasion. This common termination date will synchronize future elections Senator Satta manifested that Senators Defensor to once every three years Santiago, Zubiri, Angara, Ejercito Estrada, Cayetano (A), Revilla, Osmefia and Escudero made reservations xxxx to interpellate on the measure. That the election for Senators, Members of the House of Representatives and the local Thereupon, the Chair recognized Senator Drilon, officials (under Sec. 2, Art. XVI11) will have to be synchronized with the election for President and Sponsor of the measure, and Senator Defensor Vice-President (under Sec. 5, Art. XVI11) is like­ Santiago for her interpellation. wise evident from the following records of the proceedings in the Constitutional Commission" MANIFESTATION OF SENATOR DRILON xxxx Alluding to the debates on House Bill No. 4146 With the clear mandate of the 1987 Consti­ during the previous session, Senator Drilon sought tution to hold synchronized (simultaneous) to correct a statement he made that "the Constitu­ national and local elections in the second Monday of May, 1992, the inevitable conclu­ tion does not require synchronization of the terms sion would be that Republic Act 7056 is clearly of office.
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