REPUBLIC OF THE PHILIPPINES Senate Pasay City

SESSION NO. 7 Monday, August 6,2007

FOURTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 7 Monday, August 6,2007

CALL TO ORDER ROLL CALL

At 4:03 p.m., the Senate President, Hon. Manny Upon direction of the Chair, the Secretary of the Villar, called the session to order. Senate, Einma Lirio-Reyes, called the roll, to which the following senators responded: PRAYER Angara, E. J. Gordon, R. J. Sen. Miriam Defensor Santiago read the prayer Aquino 111, B. S. C. Honasan, G. B. entitled, Daily Prayers Dissolve Your Cares, to wit: Arroyo, J. P. Lacson, P. M. I meet God in the morning and go Biazon, R. G. Lapid, M. L. M. with Him through the day, Cayetano, A. P. S. Legarda, L. Then in the stillness of the night Cayetano, C. P. S. Madrigal, M. A. before sleep comes I pray Defensor Santiago, M Pangilinan, F. N. That God will just take over all the Ejercito Estrada, J. Pimentel Jr., A. Q. problems I can’t solve; Enrile, J. P. Revilla Jr., R. B. And in the peacehlness of sleep Villar, M. my cares will all dissolve. Escudero, F. J. G. So when I open my eyes to greet With 20 senators present, the Chair declared the another day, presence of a quomm. 1’11 find myself renewed in strength and there will open up a way To meet what seemed impossible Senator Zubiri arrived after the roll call. for me to solve alone; And once again I’ll be assured that Senator Roxas was absent on account of sickness 1 am never on my own. For there can be no failures or Senator Trillanes was unable to attend the hopeless, unsaved sinners, session. If we enlist the help of God, who makes all losers winners. ACKNOWLEDGMENT OF THE PRESENCE So meet Him in the morning and go OF GUESTS with Him through the day; And thank Him for His guidance At this juncture, Senator Pangilinan acknowledged each evening when you pray. the presence of Masbate Mayor Socrates “Ates” And if yon follow faithfully this Tuason, and the delegation from the American Council daily way to pray, of Young Political Leaders (ACYPL): Republicans You will never in your lifetime face ~ Hon. Bill Huizenga, Member of the Michigan State another hopeless day. House of Representatives; Hon. Roger James Roth, Amen. Member of the Wisconsin State House of Represent- atives, and Ms. Marcia Rubensohn, Associate General NATIONAL ANTHEM Counsel of the Georgia Municipal Association; The Senate Choir led the singing of the national Democracts - Hon. Nicole Parra, Member of the anthem and thereafter rendered the song entitled, California State Assembly; Ms. Jill Krowinski, Isting Dugo, I,sang Lahi, Isang Musika. Executive Director of the Vermont Democratic Party; ,&- 116 MONDAY, AUGUST 6 7nn7

Hon. Gerron Levi, Member of the Maryland House Senate Bill No. 253. entitled of Delegates; Hon. John Lesch, Member of the Minnesota House of Representatives, and Hon. Ted AN ACT AMENDING REPUBLIC ACT Martin Vick, Member of the South Carolina House NO. 9280, OTHERWISE KNOWN of Representatives; and their escort Hon. Brad Cole, AS THE “CUSTOMS BROKER ACT Mayor of Carbondale, Illinois. OF 2004,” AND FOR OTHER PURPOSES APPROVAL OF THE JOURNAL Introduced by Senator Mar Roxas Upon motion of Senator Pangilinan, there being no objection, the Body dispensed with the reading of To the Committees on Civil Service and the Journal of Session No. 6 and considered it Government Reorganization; and Trade and approved. Commerce

REFERENCE OF BUSINESS Senate Bill No. 254. entitled

The Secretary of the Senate read the following AN ACT PROVIDING FOR UPGRADE matters and the Chair made the corresponding OF THE STANDARD SALARY OF referrals: ALL GOVERNMENT PERSONNEL, PROVIDING BENEFITS FOR EARLY BILLS ON FIRST READING RETIREMENT AND VOLUNTARY SEPARATION FROM GOVERNMENT Senate Bill No. 251, entitled SERVICE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 6758, AN ACT AMENDING REPUBLIC ACT ENTITLED AN ACT PRESCRIBING NO. 53, AS AMENDED, OTHERWISE A REVISED COMPENSATION AND KNOWN AS AN ACT TO EXEMPT POSlTION CLASSIFICATION SYSTEM THE PUBLISHER, EDITOR OR IN THE GOVERNMENT, AND FOR REPORTER OF ANY PUBLICATION OTHER PURPOSES FROM REVELING THE SOURCE OF PUBLISHED NEWS OR INFORM- Introduced by Senator Mar Roxas ATlON OBTAINED IN CONFIDENCE BY INCLUDING WITHIN ITS To the Committees Civil Service and COVERAGE JOURNALIST FROM Government Reorganization; and Finance BROADCAST NEWS AGENCIES, INTERNET PUBLICATIONS AND Senate Bill No. 255, entitled WIRE SERVICES

Introduced by Senator Mar Roxas AN ACT ALLQWING THE OMBUDSMAN TO EXAMINE ALL THE BANK To the Committee on Publie Information DEPOSITS OF PUBLIC OFFICERS and Mass Media WITH THE LATTER’S WRITTEN CONSENT BY AMENDING Senate Bill No. 252, entitled SECTION 8 OF REPUBLIC ACT NO. 6713, OTHERWISE KNOWN AN ACT CREATING THE PHILIPPINE AS THE CODE OF CONDUCT TRADE REPRESENTATIVE OFFICE, AND ETHICAL STANDARDS APPROPRIATING FUNDS THEREOF, FOR PUBLIC OFFICIALS AND AND FOR OTHER PURPOSES EMPLOYEES

Introduced by Senator Mar Roxas Introduced by Senator Mar Roxas

To the Committees on Trade and Commerce; To the Committee on Banks, Financial Foreign Relations; and Finance Institutions and Currencies db@ MONDAY, AUGUST 6, 2007

Senate Bill No. 256, entitled PRESIDENTIAL DECREE NO. 1606, AS AMENDED BY R.A. NO. 7975 AN ACT TO PROVIDE A PERCENTAGE AND R.A. 8249, AND FOR OTHER OF THE VALUE OF FORFEITED PURPOSES PROPERTIES DERIVED FROM ANTI-CORRUPTION CASES PROSE- Introduced by Senator Mar Roxas CUTED BY THE OMBUDSMAN TO BE EARMARKED FOR THE OFFICE To the Committee on Justice and Human OF THE OMBUDSMAN AMENDING Rights FOR THIS PURPOSE SECTION 6 OF REPUBLIC ACT NO. 1379 OTHERWISE Senate Bill No. 260, entitled KNOWN AS THE FORFEITURE LAW AN ACT PROVIDING PROTECTION Introduced by Senator Mar Roxas AND BENEFITS TO PERSONS WHO DISCLOSE CONDUCT CONSTITUT- To the Committee on Justice and Human ING GRAFT AND CORRUF'TION AND Rights TO WITNESSES FOR THE PROSECU- TION THEREOF, PROVIDING PENAL- Senate Bill No. 257, entitled TIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES AN ACT ALLOWING PRIVATE PRO- SECUTORS TO ASSIST THE OFFICE Introduced by Senator Mar Roxas OF THE OMBUDSMAN IN THE INVESTIGATION AND PROSECU- To the Committees on Civil Service and TION OF CASES, AMENDING FOR Government Reorganization; and Finance THE PURPOSE REPUBLIC ACT NO. 6770 OTHERWISE KNOWN AS THE Senate Bill No. 261, entitled OMBUDSMAN ACT OF 1989 AN ACT CONSTITUTING THE NATIONAL Introduced by Senator Mar Roxas PROSECUTION SERVICE INTO AN AUTONOMOUS OFFICE OF THE To the Committee on Justice and Human PROSECUTOR GENERAL AND FOR Rights OTHER PURPOSES

Senate Bill No. 258, entitled Introduced by Senator Pangilinan

AN ACT INCREASING THE NUMBER To the Committees on Justice and Human OF SANDIGANBAYAN DIVISIONS, Rights, Civil Service and Government Reorgan- AMENDING FOR THE PURPOSE ization; and Finance PRESIDENTIAL DECREE NO. 1606, AS AMENDED BY R.A. N0.7975 AND Senate Bill No. 262, entitled R.A. 8249, AND FOR OTHER PURPOSES AN ACT REORGANIZING AND Introduced by Senator Mar Roxas MODERNIZING THE NATIONAL BUREAU OF INVESTIGATION AND To the Committees on Justice and Human PROVIDING NECESSARY FUND Rights; and Finance THEREFOR, AND FOR OTHER PURPOSES Senate Bill No. 259, entitled Introduced by Senator Pangilinan AN ACT STREAMLINING THE JURIS- DICTION OF TEE SANDIGANBA.YAN, To the Committees on Justice and Human AMENDING FOR THE PURPOSE Rights; and Financefl 118 MONDAY, AUGUST 6, 2007

Senate Bill No. 263, entitled Introduced by Senator Pangilinan

AN ACT AMENDING SECTION 31 OF To the Committees on National Defense and REPUBLIC ACT NO. 6770, OTHER- Security; Justice and Human Rights; and Finance WISE KNOWN AS THE “OMBUDSMAN ACT OF 1989,” AS AMENDED Senate Bill No. 267, entitled ALLOWING PRIVATE LAWYERS TO ACT AS PROSECUTORS ON AN ACT STRENGTHENING AND BEHALF OF THE OMBUDSMAN EXPANDING THE JURISDICTION OF THE PHILIPPINE COMMISSION Introduced by Senator Pangilinan ON THE PROMOTION AND DEV- ELOPMENT OF SCUBA SPORTS, To the Committee on Justice and Human AMENDING FOR THIS PURPOSE Rights LETTER OF INSTRUCTION NO. 745, AND FOR OTHER PURPOSES Senate Bill No. 264, entitled Introduced by Senator Pangilinan AN ACT PENALIZING ENFORCED OR INVOLUNTARY DISAPPEARANCE To the Committees on Tourism: and Games, AND FOR OTHER PURPOSES Amusement and Sports

Introduced by Senator Pangilinan Senate Bill No. 268, entitled

To the Committees on Justice and Human AN ACT FURTHER ENSURING THE Rights; Constitutional Amendments, Revision USE OF GENERIC NAMES IN THE

of Codes and Laws; and r’+ mance MANUFACTURE, PRESCRIPTION, AND DISTRIBUTION OF DRUGS Senate Bill No. 265, entitled AND MEDICINES AMENDING FOR THE PURPOSE CERTAIN SECTIONS AN ACT EXPANDING THE EXCEPTIONS OF REPUBLIC ACT NUMBERED 6675, FROM THE NIGHT WORK PROHIBI- OTHERWISE KNOWN AS THE TION OF WOMEN EMPLOYEES, “GENERICS ACT OF 1988,” AND FOR THEREBY AMENDING ARTICLE 131 OTHER PURPOSES OF PRESIDENTIAL DECREE FOUR HUNDRED FORTY-TWO (P.D. 442), Introduced by Senator Loren Legarda AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE To the Committee on Health and Demo- PHILIPPINES graphy

Introduced by Senator Pangilinan Senate Bill No. 269. entitled

To the Committee on Labor, Employment AN ACT EXEMPTING THE BANK and Human Resources Development DEPOSITS OF SENIOR CITIZENS FROM THE 20% WITHHOLDING Senate Bill No. 266, entitled TAX ON INTEREST INCOME, AMENDING FOR THE PURPOSE AN ACT CREATING AN INDEPENDENT REPUBLIC ACT NO. 7432 COMMISSION TO CONDUCT A THOROUGH FACT-FINDING INVEST- Introduced by Senator Legarda IGATION OF ALLEGATIONS OF GRAFT AND CORRUPTION IN To ,the Committees on Ways and Means; THE ARMED FORCES OF THE and Social Justice, Welfare and Rural Develop- PHILIPPINES mentK P MONDAY, AUGUST 6, 2007 119

Senate Bill No. 270, entitled WITHIN THEIR SUBDIVISIONS, AND FOR OTHER PURPOSES AN ACT ESTABLISHING THE CAREER EXECUTIVE SYSTEM Introduced by Senator Pimentel Jr. To the Committees on Environment and Introduced by Senator Lacson Natural Resources; and Urban Planning, Housing and Resettlement To the Committee on Civil Service and Government Reorganization Senate Bill No. 275, entitled

Senate Bill No. 271, entitled AN ACT TOTALLY BANNING LOGGING OPERATIONS FOR THE NEXT AN ACT AMENDING ARTICLE 97 OF TWENTY-FIVE YEARS ACTNO. 3815, OTHERWISE KNOWN AS THE REVISED PENAL CODE Introduced by Senator Pimentel Jr.

Introduced by Senator Pimentel Jr. To the Committee on Environment and Natural Resources To the Committee on Justice and Human Rights Senate Bill No. 276, entitled

Senate Bill No. 272, entitled AN ACT AUTHORIZING THE LAND MANAGEMENT BUREAU TO CON- AN ACT CREATING THE INDEPENDENT DUCT A SURVEY OF CADASTRAL POLICE CONTROL COMMISSION, LOTS IN THE ENTIRE COUNTRY, APPROPRIATING FUNDS THEREFOR AND APPROPRIATING FUNDS AND FOR OTHER PURPOSES THEREFOR

Introduced by Senator Pimentel Jr. Introduced by Senator Pimentel Jr. To the Committees on Justice and Human To the Committees on Public Order and Illegal Rights; and Finance Drugs; Justice and Human Rights; and Finance Senate Bill No. 277, entitled Senate Bill No. 273, entitled AN ACT TO ESTABLISH THE MAGNA AN ACT PROVIDING FOR MOTORCYCLE CARTA FOR BARANGAYS LANES ON ALL MAIN ROADS AND HIGHWAYS THROUGHOUT THE Introduced by Senator Pimentel Jr. COUNTRY, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND To the Committees on Local Government; FOR OTHER PURPOSES and Finance

Introduced by Senator Pimentel Jr. Senate Bill No. 278, entitled

To the Committees on Public Works; and AN ACT TO REGULATE THE CARRY- Finance ING OF FIREARMS, PROVIDE PENALTIES FOR ITS VIOLATION Senate Bill No. 274, entitled AND FOR OTHER PURPOSES

AN ACT GRANTING INCENTIVES TO Introduced by Senator Pimentel Jr. SUBDIVISION HOMEOWNERS ASSOCIATIONS TO DEVELOP AND To the Committee on Public Order and MAINTAIN FORESTED AREAS Illegal Drugs #- P 120 MONDAY. AUGUST 6. 2nn7

Senate Bill No. 279, entitled Senate Bill No. 283. entitled

AN ACT INSTITUTING A NATIONAL AN ACT AMENDING SECTION 42, MARKET CODE OF THE PHILIP- CHAPTER 7, SUBTITLE 11, TITLE PINES vrrr OF EXECUTIVE ORDER NO. 292, AS AMENDED, OTHERWISE Introduced by Senator Pimentel Jr. KNOWN AS THE ADMINISTRA- TIVE CODE OF 1987 To the Committees on Local Government; and Trade and Commerce Introduced by Senator Gordon

Senate Bill No. 280. entitled To the Committees on National Defense and Security; and Constitutional Amendments, AN ACT ELEVATING THE PHILIPPINE Revision of Codes and Laws NORMAL. UNIVERSITY TO BECOME THE COUNTRY’S NATIONAL Senate Bill No. 284, entitled UNIVERSITY FOR TEACHER EDUCATION; ESTABLISHING A AN ACT AMENDING SECTION 26 SYSTEM OF NATIONAL TEACHER OF REPUBLIC ACT NO. 6975, AS TRAINING AND DEVELOPMENT; AMENDED, OTHERWISE KNOWN APPROPRIATING FUNDS THEREFOR; AS THE DEPARTMENT OF THE AND FOR OTHER PURPOSES INTERIOR AND LOCAL GOVERN- MENT ACT OF 1990 Introduced by Senator Pimentel Jr Introduced by Senator Gordon To the Committees on Education, Arts and Culture; and Finance To the Committees on Public Order and Illegal Drugs; and Local Government Senate Bill No. 281, entitled Senate Bill No. 285, entitled AN ACT PUNISHING THE WILLFUL FAILURE TO PAY CHILD SUPPORT AN ACT AMENDING SECTION 86(A)(6)) OF REPUBLIC ACT NO. 8424, AS Introduced by Senator Gordon AMENDED, OTHERWISE KNOWN AS THE NATIONAL INTERNAL To the Committee on Youth, Women and REVENUE CODE OF 1997 Family Relations Introduced by Senator Gordon Senate Bill No. 282, entitled To the Committee on Ways and Means AN ACT TO REHABILITATE AND REFORM PRISONERS THROUGH Senate Bill No. 286, entitled PRISON WORK AND ALLOW THE PRODUCTIVE ENGAGEMENT AN ACT AMENDING SECTION 86(A)(4) OF QUALIFIED PRISONERS IN OF REPUBLIC ACT NO. 8424, AS REFORESTATION, INFRASTRUCTURE, AMENDED, OTHERWISE KNOWN AND GOVERNMENT PROJECTS AS THE NATIONAL INTERNAL REVENUE CODE OF 1997 Introduced by Senator Gordon Introduced by Senator Gordon To the Committees on Justice and Human Rights; and Finance To the Committee on Ways and Meansp P MONDAY, AUGUST 6. 2007 121

Senate Bill No. 287, entitled CAREER EXECUTIVE SERVICE OFFICER ELIGIBILITY IN THE AN ACT AMENDING REPUBLIC ACT CIVIL SERVICE NO. 7941, OTHERWISE KNOWN AS THE PARTY-LIST SYSTEM ACT Introduced by Senator Lacson

Introduced by Senator Gordon To the Committees on Civil Service and Government Reorganization; and Education, To the Committee on Constitutional Arts and Culture Amendments, Revision of Codes and Laws Senate Bill No. 292, entitled Senate Bill No. 288, entitled AN ACT ABOLISHING THE PRES- AN ACT PUNISHING THE SNATCHING IDENTIAL COMMISSION ON GOOD OF MOBILE PHONES AND OTHER GOVERNMENT (PCGG) RELATED GADGETS Introduced by Senator Pimentel Jr. Introduced by Senator Gordon To the Committees on Justice and To the Committee on Justice and Human Human Rights; Civil Service and Government Rights Reorganization; and Finance

Senate Bill No. 289, entitled Senate Bill No. 293, entitled

AN ACT REQUIRING THE REGISTRA- AN ACT AMENDING SECTION 2 OF TION OF SUBSCRIBER IDENTITY REPUBLIC ACT ONE HUNDRED MODULE (SIM) CARDS IN MOBILE FIFTY SEVEN, OTHERWISE KNOWN PHONES AS AN ACT CREATING THE BUREAU OF INVESTIGATION Introduced by Senator Gordon (NOW KNOWN AS THE NATIONAL BUREAU OF INVESTIGATION), To the committees on Public Services; and PROVIDING FUNDS THEREFOR, Trade and Commerce AND FOR OTHER PURPOSES, AS AMENDED Senate Bill No. 290, entitled Introduced by Senator Pirnentel Jr. AN ACT REPEALING THE CRIME OF PREMATURE MARRIAGES IN To the Committees on Civil Service and ARTICLE 351 OF THE REVISED Government Reorganization; and Justice and PENAL CODE Human Rights

Introduced by Senator Gordon Senate Bill No. 294, entitled

To the Committees on Youth, Women and AN ACT REGULATING SHIPPING Family Relations; and Constitutional Amend- VESSELS COASTING PHILIPPINE ments, Revision of Codes and Laws WATERS FOR THE PROTECTION OF SHORES Senate Bill No. 291, entitled Introduced by Senator Manny Villar AN ACT DECLARING THE CONFERMENT OF A DOCTORATE DEGREE AS To the Committees on Public Services; and EQUIVALENT TO ENTRY LEVEL Environment and Natural Resources P 122 MONDAY. AUGUST 6. 2nn7

Senate Bill No. 294. entitled Introduced by Senator Manny Villa1

AN ACT ESTABLISHING MINIMUM To the Committee on Civil Service and STANDARDS OF FAIR CONDUCT Government Reorganization IN FRANCHISE SALES AND FRAN- CHISE BUSlNESS RELATIONSHIPS Senate Bill No. 300, entitled

Introduced by Senator Manny Villar AN ACT PRESCRIBING SCHOOL BUS SAFETY STANDARDS AND FOR To the Committee on Trade and Commerce OTHER PURPOSES

Senate Bill No. 296, entitled Introduced by Senator Manny Villar

AN ACT REQUIRING BUSINESS To the Committee on Public Services ESTABLISHMENTS TO GIVE EXACT CHANGE TO CONSUMERS ADDITIONAL REFERENCE OF BUSINESS

Introduced by Senator Manny Villar RESOLUTIONS

To the Committee on Trade and Commerce Proposed Senate Resolution No. 55, entitled

Senate Bill No. 297, entitled RESOLUTION DIRECTING THE APPRO- PRIATE SENATE COMMITTEES TO AN ACT ESTABLISHING THE SMALL CONDUCT AN INQUIRY, IN AID AND MEDIUM ENTERPRISES OF LEGISLATION, INTO THE STOCK EXCHANGE EFFECTS TO THE PHILIPPINE ECONOMY OF THE SURGE OF THE Introduced by Senator Manny Villar PHILIPPINE PESO AGAINST THE US DOLLARS, WITH THE END li? To the Committees on Banks, Financial VIEW OF INTRODUCING REMEDIAL Institutions and Currencies; Economic Affairs; MEASURES TO ASSIST THE EXPORT and Finance INDUSTRY AND OVERSEAS FILIPINO WORKERS FROM PHILIP- Senate Bill No. 298, entitled PINE CURRENCY VOLATILITY

AN ACT ESTABLISHING NATIONAL Introduced by Senator Loren Legarda TEACHER ACADEMIES IN ORDER TO ENCOURAGE AND FACILITATE To the Committees on Economic Affairs; ENTRY INTO THE TEACHING and Labor, Employment and Human Resources PROFESSION Development

Introduced by Senator Manny Villar Proposed Senate Resolution No. 56, entitled

To the Committees on Education, Arts and RESOLUTION DIRECTING THE APPRO- Culture; and Finance PRIATE SENATE COMMITTEEIS TO CONDUCT, IN AID OF LEGISLATION, Senate Bill No. 299, entitled AN INQUIRY INTO OPERATIONS OF THE PERFORMANCE INVEST- AN ACT GRANTING PRIORITY TO MENT PRODUCT CORP. (F'PC) AND HONOR GRADUATES OF STATE OTHER CORPORATIONS WITH COLLEGES AND STATE UNIVER- SIMILAR TRANSACTIONS, WITH SITIES IN THE APPOINTMENT OF THE END IN VIEW OF INSTITUTING CIVIL SERVICE EMPLOYEES REMEDIAL MEASURES THATP MONDAY, AUGUST 6,2007 123

WOULD PROTECT PHILIPPINE first vote on committee members before voting on INVESTORS AGAINST FRAUDULENT the chairs. He added that usually before the INVESTMENT SCHEMES nomination, a caucus is called so that the Senators could express their preferences for committees. He Introduced by Senator Loren Legarda wondered if a caucus had been held for this purpose.

To the Committees on Trade and Commerce; Senator Pangilinan stated that as the Records of and Banks, Financial Institutions and Currencies the Senate would show, the practice has been to nominate first the committee chairs and then their Proposed Senate Resolution No. 57, entitled members.

RESOLUTION CALLING A CAIJCUS However, Senator Gordon cited Section 18 OF ALL SENATORS IN THE which states: "The membership of the permanent 14"' CONGRESS TO ESTABLISH committees, including their respective Chairmen, STRATEGIC MEASURES AND shall be chosen by the Senate. The Chairman of PRIORITY LEGISLATION TO SOLVE each committee may designate the Vice Chairman or THE MOST URGENT PROBLEMS OF such Vice Chairmen of his committee and create OUR NATION AND RESTORE such subcommittees as may be deemed necessary." CONFIDENCE IN GOVERNMENT He argued that Section 18 presupposes that the Body elects the committee members along with the chairs Introduced by Senator Gordon who then have the privilege of designating their vice chairs. He believed that the Rules are stated in such To the Committee on Rules a way that the members can actually select their committees without knowing the chairs. He asked ACKNOWLEDGMENT OF THE PRESENCE whether the Body was following this process or OF GUESTS creating a new tradition. He recalled that when the committees were organized the last time, the senators At this juncture, Senator Pangilinan also were asked to indicate their preference and after- acknowledged the presence of the following guests: wards, the chairmanships were distributed among the Dr. Paquis of the Philippine Nurses Association; Majority and Minority. Elsie de Veyra of the Ecological Waste Coalition of the Philippines; and Lea Francisco of the Filipino- Senator Pangilinan maintained that the Body has American Coalition for Environmental Solidarity. not deviated f?om the Rules in choosing the committee chairs and members, as he cited Volume I, Session SUSPENSION OF SESSION No. 3 of the Records of the 1lth Congress showing that Majority Leader Drilon nominated on July 30, Upon motion of Senator Pangilinan, the session 1998, the committee chairs and afterwards, their was suspended. members. He added that the nomination and election of committee chairs and members were done in the It was 4:27 p.m, same manner during the 12"' and 13t'' Congresses.

RESUMPTION OF SESSION At this juncture, the Chair stated that the Rules do not require that members be elected first as it At 4:46 p.m., the session was resumed recalled that since it became a senator, the tradition has been that the committee chairs are elected first. At this juncture, Senator Pangilinan manifested that the Majority and Minority were ready to nominate REMARKS OF SENATOR ARROYO and elect the various committee chairs. Senator Arroyo stated that Section 18 means PARLIAMENTARY INQUIRY that the membership of the committees, including OF SENATOR GORDON their chairpersons, would have to be presented to the Body. Having heen a senator for two congresses, Senator Gordon believed that following Senate he noted that the practice has been that by prior tradition and the Rules of the Senate, the Body must understanding, the membership is presented by theH P' 124 MONDAY, AUGUST 6,2007 ruling coalition and the first in the list is automatically provides for the simultaneous election of committee the committee chair. chairs and members. He believed that the practice of electing the committee chair first and, thereafter, Senator Pangilinan informed the Body that during the members after a series of consultations, has been the 13"' Congress, the committee chairs were elected consistent with Section 18. on Wednesday, August 11,2004, upon the nomination of the Majority Leader, and the members were SUSPENSION OF SESSION elected on August 18, 2004. Upon motion of Senator Pangilinan, the session SUSPENSION OF SESSION was suspended.

Upon motion of Senator Pangilinan, the session It was 5:09 p.m. was suspended. RESUMPTION OF SESSION It w'as p.m 4:56 At 5:37 p.m., the session was resumed

RESUMPTION OF SESSION Restating his earlier manifestation that whatever the Body decides to do would set a precedent, At 5:01 p.m., the session was resumed. Senator Arroyo asserted that, as Section 18 provides, the presentation of committee chairs and members Senator Gordon stated that Rules were put in place should be done simultaneously. He surmised that if so that the Body would know the basis of its action, this was not followed in the past, it was only because and in this case, he maintained that the election of there was no objection to the practice of electing the committee members and the Chairs is a simulta- committee chairs and members. neous act. He said that if the Body wanted to depart from the Rules, then it should amend the Rules. Senator Arroyo believed that presenting the committee chairs only, without naming the members, Senator Arroyo stated that anything the Body would be in violation of Section 18. does in plenary session sets a precedent. He asserted that Section 18 explicitly describes the manner in In support of the manifestation of Senator Arroyo, which the committee members, including the chairs, Senator Gordon affirmed that despite many of its are elected which is on a simultaneous basis, as practices, the Senate should not divorce itself from Senator Gordon has pointed out. the reality that it has to follow the Rules. He believed that it is not whimsical to presuppose a situation Senator Arroyo stressed that if a controversy where the Majority, prior to coming into the session arises between practice and the text of the Rule, the hall, had already identified which committee chair- Body should follow the text of the rule because a manships would be taken and who would join the practice cannot be legitimized if it is contrary to the particular committees. Rules. He posited that nobody questioned the practice in 2001 or 2004 but now that Senator Gordon was Senator Gordon stressed the need for communi- questioning it on the basis of Section 18, then the text cation between the Majority and Minority as he rued of the Rule should be followed. that he, as well as other Members, is also in the dark as to which committee he would belong. Changing Although he had said that he was not interested the Rules, he warned, would result in confusion and in any chairmanship, Senator Arroyo admitted that he endless debates. He pointed out that since time was in the dark as to his membership in any committee. immemorial, the Rules were done in anticipation of For the greater harmony of the Senate, he suggested the practice of the Majority to select their particular that the Body defer the matter till the next day since chairs and members to the committees. It is not the controversy was not too difficult to resolve. He practice that dictates the rules, he argued, but it is the urged the Body to talk things over. Rules that should guide the act.

Senator Pangilinan disagreed with the interpret- Senator Gordon said that he would not want to ation of Senators Gordon and Arroyo that Section 18 make it appear that the Senate is taking orders from MONDAY, AUGUST 6,2007 125

unseen hands-whether of the Administration or of RESUMPTION OF SESSION the leaders of the opposition-because the senators owe allegiance only to the citizenry who elected At 5:49 p.m., the session was resumed. them. He said that if there is a need to suspend or amend the Rules, then this should be done properly. Senator Arroyo believed that Section 21 can The best course of action, he believed, is for the be understood to mean that the Senate in plenary Senators to go into caucus so that the Majority and session cannot object to the nomination or member- Minority can select the committee chairs and members. ship of any senator until the entire slate, including the committee chair, is elected and constituted. This, Senator Pangilinan said that on the contrary, the he stressed, goes with Senator Gordon’s view that practice of selecting first the committee chairs and the nomination and election of a committee chair subsequently the members does not violate Section 18 and its members must be presented before the Body because it does not say that the committee chairs simultaneously. and members shall be chosen by the Senate simul- taneously, or on the same day, or at the same time. REMARKS OF SENATOR ESCUDERO He pointed out that it is not the committee members but the Senate in plenary session that selects the Senator Escudero agreed with Senator Pangilinan committee chairs. Thus, he said, the practice of that the Senate’s previous practice of nominating selecting first the chair and subsequently the members and electing committee chairs and members does a few days later is consistent with Section 18. not conflict with either Section 18 or Section 21, pointing out that the Rules neither prohibits the Moreover, Senator Pangilinan explained that it has election of members to a committee piecemeal nor been customary to allow some time for the Senators the election of the entire membership in one sitting. to confer with one another to conform with the pro- He believed that the rationale behind Section 21 is portionate representation of the Majority and the that more often than not, committee chairmanships Minority and the interest of each one. He noted that and memberships are determined through a consensus some Senators who would like to be members of a by the Majority and the Minority and that a plenary particular committee are prevented from doing so vote merely formalizes the same. He pointed out because proportional representation does not allow it. that regardless of whether committee members are elected sequentially or simultaneously, any objection Senator Gordon also invoked Section 21 of the to the membership of any member would have to Rules which states, “Whenever a motion regarding wait until the entire membership is complete. He who should be a member of a permanent committee added that the right to object is not taken away is presented, no objection against the proposed simply because the members are elected sequentially, membership of any Senator in particular shall be and that the only instance whereby membership can considered. The objections, if any, must be formulated be objected to by a particular Senator would be if against the proposed membership therein as a whole.” the very composition of the Majority and Minority He noted that Section 21 is consistent with Section 18, is questioned which, in turn, would entail a revamp adding that the real practice of the Senate has been of the entire Chamber. He urged the Body to for the Majority and the Minority to confer and decide organize the committees at the soonest possible on the committee chairmanships and memberships time as the House of Representatives has already beforehand even though it is not certain who decides accomplished this task. how these assignments are actually made. This, he said, is precisely why he suggested that the Body hold a SUSPENSION OF SESSON caucus to define the members of the Majority and Minority, determine the preference of the senators, and Upon motion of Senator Pangilinan, the session determine those qualified for a particular committee. was suspended. SUSPENSION OF SESSION It was 5:58 p.m Upon motion of Senator Pangilinan, the session was suspended. RESUMPTION OF SESSION

It was 5:48 p.m. At 559 p.m., the session was resumed. da P 126 MONDAY. AUGUST 6. 2007

SUSPENSION OF SESSON I do not intend to reopen the debate on the interpretation of Section 18 in conjunction with Upon motion of Senator Pangilinan, the session Section 21 of the Rules of the Senate. However, was suspended. the Senate is and should be governed by the rules that it adopts, not to ignore it all because of the changing winds of convenience. It was 602 pm. These provisions are not new. The Senate RESUMPTION OF SESSION of 1960, which had on its rolls, such illustrious senators as Claro Recto, Lorenzo Tanada, Arturo At 6:03 pm, the session was resumed. Tolentino, Cipriano Primicias, Quentin Paredes, Lorenzo Sumulong, Francisco “SOC”Rodrigo, Pacita Madrigal Gonzales, Ferdinand Marcos and MOTION OF SENATOR PANGILINAN Fernando Lopez had the occasion to witness what these mles are all about. Senator Pangilinan called for a division of the House on the motion to nominate the committee chairs. Permit me, therefore, for the guidance of the Senate in the future, that the following excerpts DlVISION OF THE HOUSE from the Congressional Record of the Senate of January 25, 1960, page 13, be read into the Thereafter, the Chair requested those in favor of Record and the Journal of August 6, 2007: the motion to raise their hands and, thereafter, xxx that since the action taken by requested those against it to do the same. this Chamber may constilute a prece- dent to be referred to later by subse- With 11 senators voting in favor, two against quent legislators as a form to be follow- and three abstentions, the motion was approved by ed, I wish to call the attention of this Chamber to the following: the Body. xxx another rule of the EXPLANATIONS OF VOTE Senate provides that the elec- tion is indivisible. That is, the By Senator Legagarda election of all the members of the Committee should be as a Senator Legarda explained that based on the whole, and that no objection may be made to any individual discussion with the Minority Leader, she voted yes member of the committee. I to the election of the committee chairs, adding that understand that the background she was, in fact, the Minority’s emissary to Senate for this proceeding is to avoid President Villar. any question of personality entering the records and the By Senator Zubiri actuations of the Chamber. I call attention to Section 22 of Senator Zubiri said that he abstained from voting Chapter XI1 of the Rules of the Senate as he felt the need for the Members to have more which reads: dialobae on the matter of committee chairmanships. Whenever a motion regard- While he had an inkling of what committee chair- ing who should be members of manships he would be getting, he admitted that he a committee is presented, no was unsure if these would be his field of expertise. objection against the proposed Nevertheless, he assured the Body that he would not membership of any Senator in be an obstructionist and would work for whatever particular shall be considered. conunittee that would be assigned to him. The objections, if any, must be formulated against the By Senator Arroyo* proposed membership therein as a whole. At the instance of Senator Arroyo, there being xxx I do not believe that when the no ohjection, the following explanation of his vote was Members of this Chamber drafted and inserted into the Record of the Senate and Journal: formulated the Rules of the Senate, it _-____---- was intended that any of these Rules *As modified by Senator Arroyo on August 7, 2007 should be disregarded.& P MONDAY. AUGUST 6.2007 177

Likewise, the following appears in the xxx According to this section, it is Congressional Record of the Senate of January very clear that whenever the member- 16, 1951, page 66: ship of committees is proposed to the Senate, the whole membership must be Sen. Justinian0 Montana: Formations proposed from the chairman up to the of committees are not voted indivi- last member, othenvise we cannot follow dually, but they are created collectively the rule I just read, because that rule and must, therefore, be dissolved categorically states that whenever there collectively. On this point, I request is any objection to the membership of a that the Secretary read Rule 22, Chapter committee, the objection must be to the XI of the Rules of the Senate. membership as a whole. Secretary: “Sec. 22. Whenever a motion regarding who should he members of COMMITTEE CHAIRMANSHIPS a committee is presented, no objection against the proposed membership if Senator Pangilinan, on the part of the Majority, any Senator in particular shall be nominated the following the considered. senators as chairs of committees hereunder indicated: The objections, if any, must he formulated against the proposed mem- Senator Defensor Santiago bership therein, as a whole.” Committees on Foreign Relations; Senator Montana: As a matter of fact, and Energy in accordance with practice and rules, Senator Lapid there is no discussion anent chair- Committee on Games, Amusement and Sports manship when we create and form a committee, The rules and practices of Senator Revilla legislative bodies only dictate that the Committee on Public Works first named on the list submitted to compose a particular committee is con- Senator Enrile sidered as the head or chairman thereof Committee on Finance Senator Honasan Also, the following appears in the Congres- Committee on Public Ordei sional Record of the Senate of January 25, 1960, and Illegal Drugs page 15: Senator Angara Senator Rodrigo : I would like to raise a point of order and I believe this takes Committees on Agriculture and Food; Banks, Financial Institutions and precedence. Currencies; and Science and Technology xxx I believe according to the rules, members of committees must be nomi- Senator Gordon nated and elected as a whole including Committees on Constitutional the chairman and other members of Amendments, Revision of Codes and those committees and we should not Laws; Tourism; and Government vote individually either for the chairman Corporations and Public Enterprises or for some members of the committees, Senator Cayetano (P) and I would cite the rules pertaining Committees on Environment and Natural to this Section 22, Chapter XI1 which Resources; and Health and Demography reads: “Whenever a motion regard- Senator Pangilinan ing who should be members of Committee on Accounts a committee is presented, no Senator Ejercito Estrada objection against the proposed Committee on Labor, Employment and membership of any Senator in Human Resources Development particular shall be considered. The objections, if any, Senator Cayetano (A) must he formulated against the Committees on Accountability of proposed membership therein Public Officers and Investigations; as a whole.” and Education, Arts and Culture #P 128 MONDAY. AUGUST 6. 2007

Senator Escudero Committee on Civil Service Committees on Ways and Means; and Govevnment Reorganization and Justice and Human Rights Chairman - Senator Trillanes Senator Zubiri Members - all Minority Senators Coinmittees on Urban Planning, Housing and Resettlement; and Cooperatives Committees on Economic Affairs; and Social Justice, Werfave and Rural Development MANIFESTATION Chairman - Senator Legarda OF SENATOR ARROYO Members - all Minority senators Committees on Peace, Unification and Senator Arroyo manifested his objection to the Reconciliation; Youth, Women and FamilJ election of the conunittee chairs ahead of the election Relations; and Cultural Communities of committee members on the ground that it is a Chairman - Senator Madrigal violation of Sections 18 and 21 of the Rules. Members - all Minority senators

Senator Cayetano raised a point of order on the INQUIRY OF SENATOR BIAZON ground that the objection of Senator Arroyo was on the motion that the Body had already voted upon Senator Biazon asked what would happen to the earlier; hence, it is not a new objection. Committee on Civil Service and Government Reorgan- ization chaired by Senator Trillanes who has not been Senator Pangilinan stated that the objection of allowed by the court to perform his functions in the Senator Arroyo shall be treated as a manifestation. Senate, considering that a number of bills had already been referred to said conunittee. He believed that The Chair took note of the manifestation. the election of the vice chair would be appropriate.

Upon motion of Senator Pangilinan, there being In reply, Senator Pimentel suggested that the no objection, the aforementioned Senators were matter be kept open because the courts are expected elected chairs of the committees to which they were to decide on the issue sooner than later. He nominated nominated. Senator Lacson as the vice chair.

COMMITTEE MEMBERSHIPS Senator Lacson declined the nomination

Upon nomination by Senator Pimentel, on the Upon nomination by Senator Pimentel, there part of the Minority, there being no objection, the being no objection, Senator Legarda was elected following senators were elected to the committees vice chair of the Committee on Civil Service and hereunder indicated, subject to the ratio of the Government Reorganization. membership of the Minority in the committees:

Committee on National Defense and Security JUDICIAL AND BAR COUNCIL Chairman - Senator Biazon Senator Pangilinan manifested that he is the Members - Senators Lacson, Majority's nominee to the Judicial and Bar Council. Trillanes, Legarda, Madrigal, and Aquino ANNOUNCEMENT OF THE CHAIR Committee on Trade and Commerce Chaimian - Senator Roxas The Chair requested the Members to submit Members - Senators Lacson, their committee preferences within the day. Trillanes, Legarda, Madrigal, Aquino SUSPENSION OF SESSION ' and Biazon Upon motion of Senator Pangilinan, the session Committee on Local Government was suspended. Chairman - Senator Aquino Members - all Minority Senators It was 616 p,m, &rc, MONDAY, AUGUST 6.2007 110

RESUMPTION OF SESSION utmost desire to serve them. And last May 14, through their votes, the people responded as At 6:17 p.m., the session was resumed. they clearly gave their consent and I am forever grateful for that. MANIFESTATION OF SENATOR LEGARDA However, it is quite tragic to point out that one who has a mandate from the people is not Senator Legarda manifested that Senator allowed to serve while one who never had such Trillanes, who is celebrating his birthday today, has mandate is allowed to wreak havoc on our sent a letter to all the Members, to wit: society. Then again, such situation is too anomalous to possibly go on unrectified. August 6, 2007 Having said then, I look forward to the day To the Distinguished Members of the Senate: that I would finally be allowed to work side by Greetings! side with all of you as we pass meaningful legis- lation for the good of our country and people. First of all, through this letter, I am hoping that I could extend my heartfelt gratitude to our May God’s will be done always esteemed Minority Leader, Sen. Nene Pimentel, for initiating and pushing for the adoption of the (Sgd.) ANTONIO “Sonny” TRILLANES IV Senate resolution expressing its sense that I be allowed to participate in sessions and other ANNOUNCEMENT OF THE CHAIR functions. Likewise, I would like to thank our Senate President, Sen. Manny Villar, the members The Chair announced that Senator Gordon also of the Minority as well as the other distinguished celebrated his birthday the previous day. senators who supported the said resolution. Unfortunately, as fate would have it, or in ADJOURNMENT OF SESSION this case, as GMA would have it, my physical participation in this august Chamber is not going Upon motion of Senator Pangilinan, there to happen. At least, not yet. being no objection, the Chair declared the session adjourned until three o’clock in the afternoon of Nonetheless, I was moved by such gesture the following day. of concern for a beleaguered colleague and it was very much appreciated. Be assured that should any senator of the Republic be placed in It wns 6:20 p.m. a similar predicament or is similarly persecuted in the future, you can count on me to fight for the I hereby certify to the correctness of the independence and integrity of the Senate and, foregoing. more importantly, to fight for your right to fulfill your duty to your country and people. Like all of yon here, I am just a lowly public servant who wants to serve. This is precisely why, during the recent campaign, I consciously sought out the consent of the people for my SecretaryAF of the Senate K

Approved on August 7, 2007