REPUBLIC OF THE PHILIPPINES Senat:e Pasay City
Journal
SESSION NO. 63 Monday, March 10,2014
SIXTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 63 Monday, March 10,2014
CALL TO ORDER NATIONAL ANTHEM
At 3:09 p.m., the Senate President, Hon. Franklin The OKS Kammerchor Singers led the singing M. Orilon, called the session to order. of the national anthem and thereafter rendered the song, entitled "Isang Dugo, Isang Lahi, Isang PRAYER Musika. "
Sen. Sergio R. Osmefia III led the prayer, to wit: ROLL CALL
Heavenly Father, we gather before You Upon direction of the Chair, the Secretary of the today to seek Your guidance so that we Senate, Atty. Oscar G. Yabes, called the roll, to may conduct our work with a spirit of joy which the following senators responded: and enthusiasm and excellence. Angara, S. Lapid, M. L. M. During this Lenten season, we remember Aquino, P. B. IV B. Legarda, L. the sacrifices that Your Son, the Lord Jesus Binay, M. L. N. S. Osmefia III, S. R. Christ, made for us. Live within our midst as Cayetano, A. P. C. S. Pimentel Ill, A. K. we set aside time to reflect on what it means Orilon, F. M. Poe, G. to live meaningful lives. Keep our minds Ejercito, J. V. G. Recto, R. G. open so that we may look at the big picture Enrile, J. P. Revilla Jr., R. B. and determine our respective roles in making Escudero, F. J. G. Sotto III, V. C. our nation and our world a better place. Estrada, J. Trillanes IV, A. F. Lastly Holy Father, we lift up to You Guingona III, T. L. Villar, C. A. our hearts and minds, so that we may Honasan, G. B. overcome our selfishness and trust in Your goodness as we reach out to others with With 21 senators present, the Chair declared the compassion. Help us to remember the value presence of a quorum. of prayer, and the importance of caring for others following the example of Your Senator Cayetano (Pl, who was on official mission, Beloved Son. arrived after the roll call.
We ask You this through Jesus Christ, Senator Defensor Santiago was on official mission. our Lord. Amen. Senator Marcos was on official mission abroad. r 76 MONDAY, MARCH 10,2014
APPROVAL OF THE JOURNAL With 21 senators voting in favor, none against, and no abstention, the Chair declared Senate Bill Upon motion of Senator Cayetano (A), there No. 1733 approved on Third Reading. being no objection, the Body dispensed with the reading of the Journal of Session No, 62 (March 5, EXPLANATIONS OF VOTE 2014) and considered it approved, Pursuant to the manifestation of Senator Cayetano APPROVAL OF SENATE BILL NO. 1733 (A), hereunder are the written explanations of vote ON THIRD READING of the following senators*:
Upon motion of Senator Cayetano (A), there By Senator Binay being no objection, the Body considered, on Third This is to elucidate my support and vote Reading, Senate Bill No. 1733, printed copies of in approving Senate Bill No. 1733, entitled which were distributed to the senators on March "People's Freedom ofInfonnation Act of2013," 5,2014. otherwise known as the "FOI Bill." The right to information is enshrined under Pursuant to Section 67, Rule XXIII of the Rules Article III, Section 7 of our 1987 Philippine Cons of the Senate, upon motion of Senator Cayetano (A), titution which provides, to wit: there being no objection, Secretary Yabes read only "Section 7. The right of the people the title of the bill, to wit: to information on matters of public concern shall be recognized Access AN ACT IMPLEMENTING THE PEOPLE'S to official records, and to documents RIGHf TO INFORMATION AND THE and papers pertaining to official acts, CONSTITUTIONAL POLICIES OF transactions, or decisions, as well as to FULL PUBLIC DISCLOSURE AND government research data used as basis HONESTY IN THE PUBLIC SERVICE for policy development, shall be afforded AND FOR OTHER PURPOSES. the citizen, subject to such limitations as may be provided by law." Secretary Yabes called the roll for nominal Consistent with the previous statements voting. regarding the matter, I reiterate that access to infonnation is an essential requirement of trans RESULT OF THE VOTING parency and accountability. The FOI Bill fosters the right to infonnation, which translates to The result of the voting was as follows: transparency, public accountability and good governance. In favor Based on the foregoing, I fully support the Angara Lapid passage of FOI Bill as approved by the Senate of the Philippines on Third Reading. Aquino Legarda Osmena Binay By Senator Cayetano IF) Cayetano (A) Pimentel Drilon Poe I vote affirmatively for the passage of Ejercito Recto Senate Bill No. 1733 or The People's Freedom of Enrile Revilla Infonnation Act of 2013 into law. The right to informalion of the Filipino people is enshrined in Escudero Sotto the 1987 Constitution, to wit: Estrada Trillanes Guingona Villar Article II, Section 18. Subject to reasonable conditions prescribed by Honasan law, the State adopts and implements a Against policy offull public disclosure of all its transactions involving public interest. None Article III, Section 7. The right of the people to information on matters of Abstention public concern shall be recognized.
None * Manifestation of Senator Cayetano (A) on page 89. MONDAY, MARCH 10, 2014 77
Access to official records, and to docu our country last year, the ordinary Juan has ments and papers pertaining to official become more vigilant in the affairs of the state. acts, transactions, or decisions, as well Sen. Grace Poe in her sponsorship speech said, as to government research data used as "The FOI will not only prevent graft and basis for policy development, shall be corruption but, more importantly, our citizens will afforded the citizen, subject to such learn to get involved and participate and thus limitations as may be provided by law. will become true stakeholders in government. This right, though constitutionally guaran- This is the true essence of democracy." teed, is useless without the law that supports it. There is a clamor to ensure transparency Abid Hussain, the UN Special Rapporteur on and accountability in public offices. Access to Freedom of Opinion and Expression, in his 1995 information will be the key. By providing public Report to the UN Commission on Human Rights, access to data held by government, our citizens elaborated on this stating: "Freedom will be will become involved in the shaping of national bereft of all effectiveness if the people have no policies and will have the opportunity to make access to information. Access to infonnation is informed questions. They can participate actively basic to the democratic way of life. The tendency in the national discourse. A net effect will also to withhold information from the people at large be a more responsive government that will strive l is therefore to be strongly checked • to deliver the basic services more efficiently and It is a fundamental human right recognized effectively. in international law. The right to information is The FOI Law will show the clear mechanism protected in the Universal Declaration of Human and procedure by which to get access to the Rights and finds international legal protection in information our constituents want and need. Article 19 of the International Covenant on It will provide limited exceptions of the grant to Civil and Political Rights, which states that the access, mostly concerning our national "Everyone shall have the right... to seek, receive security. It will also mandate certain types of and hnpart information and ideas of all kinds, information to be disclosed, especially relating to regardless of frontiers." public funds. Remedies will also be provided in The freedom of information (FOI) laws all cases of denial of request for information. over the world are the same in essence. They During the period interpellations, I pointed establish a "right-to-know" legal process by out some areas that I felt should be clarified to which requests may be made for government ensure the practical enforceability of the provi held information, to be received freely or at sions. Thereafter, I proposed some amendments' minimal cost, barring standard exceptions'. This provides a means by which people can come to 4 Sec7 (b) "including exchanges when the chief know about their rights and even violations of executive was not present" such rights, and more importantly, hold the Sec. 7 (d) "The information requested govemment accountable for constitutional and pertains to matters of human security, such as, international human rights obligations. but not limited to, food, health, money and trade: Provided, That such disclosure or premature As of September 2013, at least 95 countries disclosure will imperil our well~being or degrade had nationwide laws establishing the right of, the quality of life of our people by causing and procedures for, the public to request and unnecessary panic and conflict, and threatening receive government-held information (including to limit the range of policy choices available to four with actionable A TI regulations, i. e. the concerned implementing and regulating Argentina, China, Niger and Tunisia)'. agencies: Provided, further, That this exception shall apply only until such time that the The time has come for our own FOI Law. confidentiality requirement of the action plan of With the political background of graft and said agency is no longer necessary in addressing the said security issue." corruption scandals in the Philippine govern ment, especially the pork barrel scam that rocked Sec. 7(1)(3) "with a majority vote of the Body in accordance with their own rules of UN Doc. E/CN. 4/1995/32, para.35. procedure, when applicable" http://www . arti c Ie 19. org/ data/files/pdfs/ Sec. 9 "shall make available upon the publicationsJfoi-as-an-intemational-right.pdf request of any citizen" 2 http://en.wikipedia.org!wikilFreedom of Sec. 9(12) "deadlines" Information laws by country#cite note-l Sec. 11(a) "Freedom oflnformation Manual 3 http://www,right2infor.org!access-to-infonnation- within six (6) months from the effectivity of laws/access-to-information-Iaws this Act" r 78 MONDAY, MARCH 10,2014
to strengthen the law and improve public access every Filipino family is able to cope with the to information, and the sponsor graci-ously problems of high prices, lack of jobs, and low accepted and approved them. With all bases income. The goal is to make sure that every covered for the protection and effective Filipino family can lift itself out of poverty and implementation of this right, as well as safe feel the benefits of the growing and inclusive guards well placed for the government and the economy. citizens, I commend the sponsor and my The Philippines has consistently ranked low colleagues for shepherding this bill to approval in tenns of anti-corruption efforts. In Trans in the legislative mill in the Senate. parency International's Corruption Perception Thus, I vote in the affITmative for The Index 2013, which measures perceived level of People's Freedom oflnformation Act of 2013. public sector corruption on a scale of 0 (highly corrupt) to 100 (very clean), the Philippines got By Senator Cayetano (A) a score of 34 and ranked 94ili out of 177 countries. Indeed, there is a need to intensify our fight When the righteous are in authority, against graft and corruption. the people r'!Joice; but when the wicked The United Nations Convention against rule, people mourn. Corruption (UNCAC), of which the Philippines is Proverbs 29:2 a state-party, recognizes that corruption poses serious problems to the stability and security of For the past fifteen years, the Filipino people societies, undermines the institutions and values have endured a government that is constantly of democracy, ethical values, and justice, and plagued by questionable practices, anomalous jeopardizes sustainable development and the government contracts, and other instances of rule of law. Acknowledging that the prevention graft and corruption - from the Euro-Generals and eradication of corruption is a responsibility controversy to the AFP Pabaon Scandal, from of all states, the UNCAC requires states to the NBN-ZTE Deal to the PEA-AMARI Scam, "develop and implement or maintain effective, from the Juetengate Scandal, the Fertilizer Fund coordinated anti-corruption policies that promote Scam and the "Ma'am Arlene" controversy to the the participation of society and reflect the Pork Barrel Scam. Instances of slow and inefficient principles of the rule of law, proper management government processes, and public officers not of public affairs and public property, integrity, acting without receiving special favors, have transparency and accountability." prompted ordinary citizens to resort to fixers or even bribery in order to get ordinary transactions Under Article 10 of the UNCAC, the Philip done in record time. Graft and corruption has pines obligated itself to "take such measures as slowly become the norm instead ofthe exception. may be necessary to enhance transparency in its It is time to act on this perversion. public administration, including, with regard to its organization, functioning and decision-making Even the wicked will have a hard time ruling processes, where appropriate." The UNCAC notes and will eventually be removed if we have a law that such measures may include, inter alia, (a) on Freedom of Information (FOI) and an institu adopting procedures or regulations allowing tionalized policy of transparency and account members of the general public to obtain, where ability. Graft and corruption is a threat to the appropriate, INFORMATION on the organiza righteous, especially if there is no FOI law in tion, functioning and decision-making processes place. of its public administration and, with due regard Had the FOI Law been enacted earlier, I for the protection of privacy and personal data, believe a good number of corruption cases, high on decisions and legal acts that concern members profile or not, could have been avoided with a of the public; (b) simplifying administrative proce citizenry that is consistently vigilant. The FOI dures, where appropriate, in order to facilitate Law provides the mechanism to share knowledge public access to the competent decision-making and infonnalion about governance with our people. authorities; and (c) publishing INFORMATION, With an FOI Law in place, every Filipino would which may include periodic reports on the risks have the capacity to be a graft-buster, a reformist, of corruption in its public administration. and a crucial building block of an empowered citi Through the passage of the PEOPLE'S zenry united in aiming for national development. FREEDOM OF INFORMATION ACT, we not I have always advocated for and supported only comply with our obligation under the legislative measures aimed towards a transparent UNCAC, but also move towards a more trans and responsive government which ensures that parent and accountable government, a more r MONDAY, MARCH 10,2014 79
vigilant and participative citizenry, and a more and Japan in 2001 and has helped their citizens institutionalized policy of implementing "Tuwid secure greater transparency and accountability na Daan." In a time when our citizenry is already from their respective governments. so sick of corruption, abuse of power, and The right of the people to know how policies deception, the passage of the FOI Bill into law are made and how their taxes are spent serves as will not only restore the faith of the Filipino a check and balance on the government. By enabl people in the three branches of the government, ing public scrutiny, every citizen will be able to it will also boost investors' confidence to enable monitor government performance and expendi the government to provide jobs for poor tures easily. This then ensures quality public Filipinos. services and good governance. Simultaneously, The passage of this law, however, is just the right to information would facilitate the winning half the battle. The other half requires elimination of corruption, fraud, and inefficiency us to promote values fonnation, prioritize the in government agencies. passage of the Whistleblowers Protection Act, To be a genuinely participative democracy, and expand the Witness Protection Program. the right to information should be upheld. Let us On this note, I register my full support for empower our people. the passage of this landmark piece of legislation. I therefore reiterate my vote in favor of the passage of the "People's Freedom of Information By Senator Guingona Act of2013."
I am in favor of the passage of Senate Bill By Senator Legarda No. 1733, the People's Freedom of Information of20103. I vote in favor of the People's Freedom of The right of the people to information is Information, embodied in this landmark Senate enshrined in Article III, Section 7 of the 1987 Bill No. 1733 that shall strengthen the trust ofthe Constitution which provides that: Filipino people in their government. Section 7. The right of the people For years, the country has been hounded to information on matters of public by many controversies, each leaving a dent in concern shall be recognized. Access to the integrity of public service. With this bill, we official records, and to documents and aim to feed our people with information about papers pertaining to official acts, the leaders they have elected into office. All transactions, or decisions, as well as to government agencies will be mandated to government research data used as basis disclose information on transactions, documents for policy development, shall be or records imbued with public interest. Vital afforded the citizen, subj ect to such information will be translated into major Filipino limitations as may be provided by law. languages and made easier to comprehend by every citizen. Public scrutiny is vital in the functioning of any government. It is the heart and soul of a However, we acknowledge the fuct that democracy. Senate Bill No. 1733 is one mechan certain information must be kept confidential ism that safeguards our democracy, as it imple especially those that may compromise the ments the people's right to information. Under nation's security, interfere with international Senate Bill No. 1733, every Filipino citizen shall diplomatic relations, or intrude into the privacy be given access to information, subject to certain or endanger the life and safety of an individual. exceptions only. We have hopefully covered these exceptions, and if such may cause the denial of access to The passage of this bill not only ensures information, the government agency concerned greater transparency in government functions is required to make the appropriate explanation. but it also ensures greater accountability from our public officers. As aptly stated by Justice Given the tremendous import of this Louis D. Brandeis: "Sunlight is said to be the measure, I express my fervent hope that we will best of disinfectants ...." soon witness its enactment, as we remain faithful to the maxim that "a public office is a public trust" The passage of the People's Freedom of and to the virtues of honesty, transparency and Information Act has long been overdue. This accountability to the Filipino people. law has been present in the United States of America since 1966, the United Kingdom in 2000, I vote in favor of Senate Bill No. 1733. r 80 MONDAY, MARCH 10,2014
By Senator Pimentel corruption, and even against cheating in all its forms. Thank you for allowing me to explain my affirmative vote for the Freedom of Information With an FO! law in place, that law shall be Act of2013, Senate Bill No. 1733. one of the tools to address issues on govern ment transparency and accountability, and this My vote in favor of the Freedom of enhanced system of transparency and account Information bill is primarily rooted in my belief ability will bring about the impetns to launch that the 1987 Philippine Constitution mandates a public service here in our country into the realm transparent government. of openness and ultimately into a regime of Three constitntional provisions immediate honesty, trust, involvement and participation. ly come to mind as pursuing this lofty goal, Filipinos will learn how their government really to wit: works and how they can actively participate in nation-building. Only when each Filipino is (I) Article III, Section 7 ofthe 1987 Constitution actively engaged in matters of public concern which provides the Right of the People to can we say that democracy is at work. Information on Matters of Public Concern, reads as follows: In short, in order for democracy to survive and flourish, the citizenry must not only be "The right of the people to information informed, but be well-informed. Likewise, the on matters of public concern shall be recog citizenry's representatives, their legislators, must nized. Access to official records, and to also be kept well-informed. documents and papers pertaining to official acts, transactions, or decisions, as well as to For these reasons, I register a "Yes" vote to government research data used as basis of the passage of the FOI bill. policy development, shall be afforded the citizen, subject to such limitations as may be ACKNOWLEDGMENT provided by law." OF THE PRESENCE OF GUESTS (2) Article II, Section 28 of the 1987 Constitntion At this juncture, Senator Cayetano (A) acknowl which provides the State's Policy on "Full Public Disclosure" is worded as follows: edged the presence in the gallery of the following: "Subject to reasonable conditions • Representatives of the Right to Know, prescribed by law, the State adopts and Right Now Coalition: implements a policy of full public dis Janet Morales of the Public Service closure of all its transactions involving Labor Independent Confederation public interest." (PSLINK); (3) Article XI, Section I of the 1987 Constitntion which is about the Accountability of Public Joy Chavez of the Action for Economic Officers emphasizes the foJlowing principle: Reforms; "Public office is a public trnst. Public Dr. Nicole Curato of the UP Sociology officers and employees must at all times be Department; accountable to the people, serve them with utmost responsibility, integrity, loyalty and Elso Cabangon of the Filipino Migrant efficiency, act with patriotism and justice, Workers Group; and lead modest lives." Allan Pangilinan and company of the An enabling law on freedom of information FOI Y Duth Initiative; (FOI) is long overdue. Without the FOI law, Yuen Albana and company of the tbere will always be that opportunity for Partido ng Manggagawa; decision-makers to keep the public in the dark. If this is allowed to happen, the officers and Rhodora Albano of the Center for employees in the entire government will no Migrant Advocacy; longer be "accountable to the people at all times" and in such a situation, it can no longer Vince Lazatin and company of the Trans be said that "public office is a public trust." parency and Accountability Network; Our country needs an FOI law if we are Rio Magpayo and Aurora Kilala from serious about our fight against graft and the Philippine Legislators Committee on r MONDAY, MARCH 10, 2014 81
Population and Development (PLCPD); Six sites in the Philippines have been and designated as "Wetlands of International Importance." And I am proud to say that the Atty. Irene Aguila of Angkop; most recent addition to the Ramsar list is our very own Las Pmas-Paranaque Critical Habitat • The Ten Outstanding Young Men of 2013; and Ecotourism Area or what we call LPPCHEA. • TOYM Foundation; In fact, it was four days short to this day, on • TOYM 2013 Search Committee; March 15 last year, when the 175-hectare LPPCHEA was included in the list of Ramsar's • The Junior Chamber International Philippines; and Wetlands of International Importance. It is to mark that important date that we are staging a • Justice Efren Dela Cruz of the Sandiganbayan. photo exhibit outside of the session hall. I do hope you take time out to visit our exhibit. Senate President Drilon welcomed the guests to the Senate. The other Philippine sites on the Ramsar list are: the Puerto Princesa Subterranean River PRIVILEGE SPEECH OF SENATOR VILLAR National Park in Palawan listed on June 30, 2012; the Tubbataha Reefs National Marine Park in Sulu listed on November 12, 1999; the Agusan Availing herself of the privilege hour, Senator Marsh Wildlife Sanctuary listed on November Villar delivered the following speech: 12, 1999; the Naujan Lake National Park in Oriental Mindoro listed on November 12, 1999; WETLANDS AND AGRICULTURE: and the Olango Island Wildlife Sanctuary in PARTNERS FOR GROWTH Cebu listed on July 1, 1994.
I rise on a matter of personal and collective Each of those sites has special qualities to privilege. It is on rare occasions that the advoca deserve a spot on Ramsar list. But being more cies we support and topics we value share a familiar with it, I will talk briefly about LPPCHEA, synergy or find a common ground. In my case, which was qualified as a Ramsar Wetland of it is agriculture and environment protection. International Importance because of its compli The year 2014 was declared by the United ance with the Criteria Nos. 2, 4, and 6 under Nations as the International Year of Family Ramsar's "Criteria for Identifying Wetlands of Farming. Andjust last month on February 2, the International Importance," these are: World Wetlands Day was observed, led by the Criterion 2: A wetland should be considered Ramsar Convention. The chosen theme was, internationally important if it supports vulne "Wetlands and Agriculture: Partners for rable, endangered, or critically endangered Growth," to emphasize the close linkage between species or threatened ecological communi wetlands and agriculture. ties. And for us, it is the Chinese egret, World Wetlands Day marks the anniversary the Philippine Duck and the Black-Winged of the signing of the convention on Wetlands of Stilt.; International Importance or Ramsar Convention Criterion 4: A wetland should be considered in Ramsar, Iran in 1971. The Convention on internationally important if it supports plant Wetlands is an intergovernmental treaty that and! or animal species at a critical stage in embodies the commitments of its member their life cycles, or provides refuge during countries to maintain the ecological character of adverse conditions; their Wetlands of International Importance and to plan for the "wise use," or sustainable use, of Criterion 6: A wetland should be considered all of the wetlands in their territories. internationally important if it regularly supports 1% of the individuals in a population The Philippines joined the Ramsar Conven of one species or subspecies of waterbird. tion in 1994. Signatories to join the Convention agree to "include wetland conservation consider It serves as a sanctuary to migratory bird ations in their national land-use planning," and species from as far as Siberia. According to the commit to implement and promote "the wise use Wild Bird Club of the Philippines, Metro Manila of wetlands in their territory." By "wise use" of has 150 species of birds, 84 of which are found wetlands, Ramsar refers to approaches that inte at LPPCHEA. It is the only bird sanctuary located grate protection or conservation with develop in an urban setting. There are also munerous trees ment. and plants that are indigenous to our country r 82 MONDAY, MARCH 10,2014
thriving there, And of course, there are man fisheries, livestock grazing, cultivation, grass groves around the area, where the fingerlings of and wild plants for food, craft and medicinal use. the fish in Manila Bay grow. Because of its Those benefits are linked to the livelihood of the biodiversity, LPPCHEA was declared as a critical people as well. habitat in 2007 by Presidential Proclamation Ngunit ang hindi matatawaran
And when we talk of agriculture, it does not Fisheries and Aquatic Resources (BFAR), cited only refer to land-based farming activities, it also a study conducted by the National Fisheries includes what is referred to as "coastal aqua Development Institute in 2012. Ang sabi niya, culture," which as defined by Food and Agri "the hot spot for spawning fish is in the Eastern culture Organization or FAO, include the fanning part of Manila Bay" and "the volume of (fish) of both animals (including crustaceans, shell eggs laid is the highest in that area." LPPCHEA fish and mollusks) as well as plants such as is part of the Eastern part of Manila Bay. seaweeds. According to the Ramsar definition, Ang mga sea grass lry importante rin. Ayon wetlands also include areas of marine water, kay Dr. Giovanni Tapang ng Center for Environ the depth of which does not exceed six meters mental Concerns: "an acre of sea grass allows during low tide. 40,000 fish annually to develop and around 50 Unfortunately, wetlands face various threats. million small invertebrates to live." Imagine kung To quote the short write-up about LPPCHEA on gaano karaming isda ang mamatay kapag na the Ramsar website, it cited that LPPCHEA disturb ang ecosystem sa mga wetlands. Madi "faces threats associated with being located near disrupt din ang ating food production at supply. densely populated areas. Waste from nearby Ayon sa mga fisherfolk groups, napaka cities accumulates along the coast and heavy raming yamang-tubig 0 marine organisms ang metals and other organic contents coming from kanilang naha-harvest sa LPPCHEA. Ilan sa mga residential and industrial effluents (liquid waste ito lry mga ti/apia, tahong, hipon, alimango, alima or sewage discharged into a river or the sea) sag, talangka, kanduli, dalagang bukid, banak, affect surrounding areas. Other threats include ongoing land reclamation projects and mangrove halaan, tulya, gulaman, salinyasi at iba pa. cutting". Both Attorney Tabios and Dr. Tapang At dahil nga ang pakinabang a importan expressed concern na kapag nagkaroon ng sya ng wetlands l(Y two-pronged: enviromnental reclamation sa LPPCHEA, maapektuhan ang at agricultural, hindi nakapagtataka kung bakit bakawan kung saan pinapanganak ang mga hindi lamang ang mga enviromnentalists ang isda na nagpo-provide ng fmgerlings sa Manila aktibo sa aming pagsuparta sa pangangalaga Bay. Kapag tinambakan ang area na iyun, ng mga wetlands, kasama din namin ang mga mamamatay ang mga mangrove; mawawala ang mangingisda at iba pang grupo katulad ng mga isda; mawawalan ng kabuhl(Yan ang mga mga urban poor na nagre-rely sa agriculture for mangingisda at mga nagbebenta ng mga isda; their livelihood and daily sustenance. at masisira ang supply ng isda sa Metro Manila at karatig na mga bayan sa CaMaNaVa area a Maraming components ng wetlands ang sa Cavite, Malabon, Navotas at Valenzuela pati sumusuporta sa agrikultura at sa livelihood ng na rin sa Bulacan. Ayon sa mangingisdang si mga tao sa paligid nita. Una na diyan ang mga Pablo Rosales, noong itinayo ang Mall of Asia, mangroves 0 mga hakawan na nagsisilbing about 37,000 fishennen were displaced. pinakamabisang pananggalang natin sa mga bagyo at stann surges. Mas matibl(Y pa sa kahit At ayon sa Pambansang Lakas ng Kilusang anong pinakamatibay na semento 0 sea wall. Mamamalakl(YG ng Pi/ipinas 0 Pamalaklrya, Bukod diyan, ang mga mangrove na ito ay ang mga big-scale reclamations l(Y lubhang mahalaga rin sa ating mga mangingisda, dahil naaapektuhan na ang kanilang pamumuhay. dito nangingitlog ang mga isda at kung saan Sa isang news article na lumabas sa Philippine namamahl(Y ang maliliit na isda. Star, ayon kay Myrna Candinato, head of Alyansa ng Mandaragat ng Bacoor, Cavite, and Unfortunately, according to experts, we I quote: "the Cavite Expressway Road Extension have lost over 75% of mangroves in the past 82 (Cavitex) project caused the enviromnental years. Ang nakakabahala pa l(Y imbes na destruction in Bacoor Bay" and that "before the magtanim na magtanim ng mangrove, kapag reclamation, she and other tahong growers used nagre-reclaim, pinuputol pa ang mga ito. to collect 200 gallons per day during harvest Actually, bawal putulin ang mga mangroves. season. She said that they used to earn P30 per Kami nga ay regular na nagtatanim ng gallon of tahong a day and the harvest would mangrove sa Las Pinas dahil batid namin ang last for a week, enabling them to earn at least impartansya nga mga ito. Makikita ninyo na P30,000 per harvest season." After reclamation, napakaraming mangroves doon at naka "harvest of tahong during harvest season limits katulong ito para hindi kami masyado bahain. them to an average 000 gallons to 50 gallons of Atty. Benjamin Tabios, Assistant Director tahong, a decline of 75% in tahong harvest for Administrative Service of the Bureau of compared to the pre-reclamation days." r 84 MONDAY, MARCH 10, 2014
Malaki rin ang mawawala sa ating Agriculture is also considered as one of the ekonomiya. Balay sa estimate na ihinigay ni Dr. threats to wetlands, if not put in check. The Tapang, tinatayang US$ 20,500 ang contribution correct agricultural practices should be used per acre per year ng mga yamang-dagat na ito and the local communities should be involved sa over-all economy. Kaya ayon sa kanya, hindi because they know best how to take care of dapat mas ira ang mga sea grass beds na their source of livelihood. Experts agree that tinatawag. For example, ang madagdag na more studies should be done on how to improve 38,272 hectares bunga ng reclamation ay traditional wetland agriculture systems. Katulad mapapalawak nga ng 0.13% ang land area, pero na lamang sa Lake Bato sa Camarines Sur, ang mahabawasan naman nita ang ating water area paggamit ng chemical fertilizers ay na-pollute na at pati na rin sea grass beds ng parehong ang tubig at naapektuhan ang supply ng isda. porsyento rin. For about 382.72 square kilometers "Wetlands and agriculture can and must sea grass lost, it will mean equivalent losses of coexist. We need policies on wetlands that 4.7 million invertebrates and 3.78 trillion fish, support ecosystems, sustain rich biodiversity, translated into Php77 billion losses per year. and simultaneously improve the livelihoods of Based on studies, "A crude estimate of the fanning communities who depend on wetlands or global economic value of wetlands is US$70 whose activities directly affect them," said billion a year - of which 53% or US$37.1 billion Matthew McCartney, a hydrologist and a is in Asia. contributor to the report of the International Water Management Institute (IWMI). Among With the link of wetlands to agriculture, those cited as detrimental to wetland protection there is also that inevitable link to poverty are forced drainage measures that transfonn reduction. Katulad ng paulit-ulit kong wetlands to dry soils and, of course, reclamation. binabanggit sa mga pagdinig ng Senate Committee on Agriculture and Food, ang mga Agricultural and other land uses of wetlands magsasaka, mangingisda at iba pang mga should be sustainable and safe. It has been done taong dependent on agriculture for jobs and in other parts in the world where some wetlands livelihood ang isa sa pinakamahirap no sektor have been fished and farmed for thousands of sa ating bansa. Halimbawa, ang mga coconut years. There are so-called sustainable farming fanners sa Davao earn less than P50.00 lang sa and fishing methods. araw-araw. Ang mga mangingisda sa Manila Research is really needed to explore which Bay ay nakakahuli ng mga tatlong kilo ng isda combinations of land use and water management so maghapon no naibebenta nila ng PI50.00. are optimal for supporting local communities in a "Although representing a relatively small sustainable way. It is of vital importance that proportion of the total agricultural GDP of each agronomists, environmental scientists and local region, it should be remembered that wetland stakeholder groups cooperate to strive to find agriculture is often undertaken by the poorest. the best combination or perfect balance between And that, in addition, fisheries and wild food farming and conservation. sources add significantly to food security, Our economic managers themselves at the patticularly in years of drought," cited the National Economic and Development Authority International Water Management Institute (NEDA) have stressed time and again that the CIWMI) in its repott, "Wetlands, Agriculture development of agriculture and fisheries are and Poverty Reduction," which highlights key components towards our collective goal of how wetlands contribute in diverse ways to the inclusive growth and poverty reduction. These livelihoods of millions of people worldwide. are among the priorities also in updating the "For poor rural households that are short of Philippine Development Plan (PDP) 2011·2016 food, wetlands can provide a life-saving safety that aim to transform agriculture and fishery into net. Some rural households increasingly use a highly productive and competitive sector that wetlands to supply local markets with irrigated not only meets the country's food requirements vegetables and other products which generate but also offers better income and employment income. For these households, wetlands represent opportunities. a development opportunity which can lead them NEDA also identified the main constraints out of poverty," added the International Water to further increasing productivity in agriculture Management Institute in its report. which include: degradation of natural resources The keyword is sustainability. Alam naman that has been further threatened by climate natin na lahat ng sabra ay nakakasama rin. related risks and slow development of agri Applicable rin iyan sa wetland agriculture. business opportunities. r MONDAY, MARCH 10,2014 85
It is clear that in our quest to ensure that Third Reading of the Freedom of Information bill, economic gains trickle down, or flow freely, Senator Poe made the following statement: to the poorest sectors of our society, every thing is interconnected and come into play. Twenty-one years and eight months ago Moreover, progress and development need not today, the first Freedom of Information Act was be at the expense of enviromnent degradation and first filed in Congress. The legislation authored damage. In the same manner that environment by Representative Oscar Orbos in the House of protection does not mean economic stagnation. Representatives and in the Senate by Senators Sa ating pagpapasigla ng ating ekono Alberto Romulo, Raul Roco, Anna Dominique miya, hindi dapa! isinasakripisyo ang ating Coseteng, Francisco Tatad, Emesto Hererra, was kalikasan at mga natural resources, lalung in honor of the landmark principle enshrined in lalo na ang oting human resources. Kadalosan, the 1987 Philippine Constitution that "Public sa bawat trahaho na naki-create, may mas office is a public trust." It was also in the same maraming tao ang nawawalan ng kabuhayan. period that the citizens wanted to have access to information on public debts incurred by the Dapat timbangin ang bawat aspeto ng country and data on the status of the land proyekto a stratehiya. Katulod ng nasabi ko ownership of hocienderos and sokadas in the kanina, napakagandong halimbawa ng agrarian reform sector. partnership at synergy between wetland protec tion and agriculture towards growth. There is After seven Congresses, from the 9'" no need to destroy anything, one can coexist Congress of the Republic to the present 16th with another. There is no need to tamper with Congress, and after it was filed 44 times by nature to generate profits or fuel the economy. different legislators, we have just passed on Public interest should always prevail, particularly third reading the version of the Senate of the over selfish interests. Philippines. One of the resource persons in our recent Today, the high significance of the People's hearing posed a good point, we should be wary Freedom of Information Act is reflected in the of people's "eternal appetite" for profit or gain. very situation as well as problems confronting the country at present. We simply needed to REFERRAL OF SPEECH pass the law. We simply need to be transparent TO COMMITTEE and accountable. We simply need to honor that public service is serving with honesty and integrity. Ang pagsisi/bi sa pamahalaan ery Upon motion of Senator Angara, the Chair serbisyong tunery, paglilingkod nang matapat, referred the privilege speech of Senator Villar to the at pagkilos nang marangal. The People's FOI Committee on Agriculture and Food as the primary bill which I humbly submit for the approval of committee and to the Committee on Environment and this Chamber is the product of constant colla Natural Resources, as the secondary committee. boration with my fellow senators and their staff. Each interpellation and amendment, every piece ACKNOWLEDGMENT of advice and every moment of thorough scrutiny OF THE PRESENCE OF GUESTS was crucial in polishing this bill into something that the Filipino people can be proud of. At this juncture, Senator Angara acknowl From govermnent, I would like to thank the edged the presence in the gallery of officers of the Office of the President - Secretaries Herminio Publishers Association of the Philippines, headed by Coloma and Manolo Quezon, Civil Service Luis Ariola, with executive vice president Johnny Commission, Department of Justice, Department Nunez, chairman Juan Dayang, treasurer Nelson Santos, of National Defense, National Security Council, secretary Sheryl! Mal!ari, vice president for Mindanao, Office of the Ombudsman, Philippine Communi cations Operations Office, PIA, DOST and DTI. Edna Kuyno and Esther Galang. From the media, I would like to thank the representatives of Kapisanan ng mga Brodkaster Senate President Drilon welcomed the guests to ng Pilipinas; Publishers Association of the the Senate. Philippines, Inc.; broadcast stations ABS-CBN, GMA 7, Interaksyon, Solar News; National Press STATEMENT OF SENATOR POE Club, National Union of Journalists of the Philip pines, Net 25, Philippine Center for Investigative In expressing her gratitude for the passage on Journalism, Philippine Press Institute, and Rappler. r 86 MONDAY, MARCH 10, 2014
From civil society, I would like to thank the remain and new ones have arisen, including Right to Know, Right Now Coalition; Access to cyber pornography-a crime that crosses Information Network; Center for People Empower geographical boundaries in a matter of seconds; ment in Governance; Crusade Against Dynasty a crime that curtails a girl's freedom to choose a and Corruption; Movement Against Dynasty; dignified life even before she understands what Philippine Transparency International; the NGO it means to be empowered. Alert and Transparency and Accountability In Navotas, four girls aged 12 to 19 were Network. Also, the individual bloggers and social recently rescued from a cybersex trafficker who netizens who helped shape the People's FO!. was selling them to foreign pedophiles. Instead From the academe, I would like to thank the of playing with dolls, the girls were surrounded University of the Philippines' College of Mass by sex toys, locked in a sullied shanty doing Communication, UP Department of Political activities that are inhumane regardless if they Science, and Ateneo de Manila University)s were children or adults. Department of Political Science. The suspect arrested by operatives of the Finally, from the private sector, I would like National Bureau of Investigation (NBI) was the to thank former Representative Lorenzo "Erin" uncle of two of the victims. Tallada III, Mr. Tanya Cruz and Mr. Ramon del On February 17, the NBI raided a school Rosario, chairman of the Makati Business Club; in Muntinlupa as well as two call centers in Philippine Chamber of Commerce and Industry Quezon City, all of which secretly nestled and the various economic and business cybersex rooms, organizations who supported the legislation. According to NBI Cybercrime Division Muli po, so liderato ng institusyon at Sa Head, Mr. Ronald Aguto, the school owner of aking mga kapwa senador na nagsulong Muntinlupa-based Mountain Top Christian sa pagpasa ng mahalagang panukala na ito Academy, identified as Purisima Martinez, para sa ating mga mamamayan, kay Senador harbored cyber crime operations in a disguised Gregorio Hanasan na isa sa orihinal at tahimik computer laboratory within the school campus. na taga-taguyod ng People's Freedom of As hundreds of children supposedly learn good Information Act, sa Senate Proper at Secretariat values from this Christian school, no less than ng Senado ng Pilipinas, mar ami pong salamat. the institution's president went off course.
MANIFESTATION OF SENATOR ANGARA Destitution, affordable high-speed internet, and a wea1thy overseas customer base have spurred the growth of cybersex dens run by Senator Angara congratulated Senator Poe for organized crime groups as well as mom-and-dad steering the passage of the Freedom of Infonnation shops to exploit children for financial gain. bill. He said that as an author of the FOI bill way These young minds will suffer and be left back when he was still a member of the House with permanent psychological, physical and of Representatives, he would also like to pay tribute emotional scars. When a recording of that sexual to his fonner colleagues who pushed for the For abuse is made or released on the world wide web, measure, namely, Rep. Erin Tafiada, Rep. Joel it haunts a child for the rest of his or her life. Villanueva who now heads TESDA, Representatives We hear reports about the raids relating to Liza Maza, Teddy Casillo of Bayan Muna and cybersex crimes from time to time, however an Risa Hontiveros Baraquel of Akbayan. incident-driven response to this barbaric transgression is only effective if it is matched PRIVILEGE SPEECH OF SENATOR LEGARDA with immediate and long-term tactical investiga tion that focuses on crime markets and criminal Availing herself of the privilege hour, Senator scheme architects. Legarda delivered the following speech on cyber The biggest challenge in cybercrime stems pornography: from innovations created by these offenders, difficulties in accessing electronic evidence, On March 8, women took the global logistic limitations and lack of funding. centerstage once again with the celebration of Therefore, our law enforcement must use International Women's Day. both new and traditional policing techniques. While the Philippines has been gaining With emerging technologies, we need to adapt success in empowering women, challenges to the new methods and devices used by r MONDAY, MARCH 10,2014 87
criminals, including the use of Smartphones, a convicting the offenders. It was for that reason, she transItIOn from desktop computers. Our said, that with the help of the Department of Justice, authorities need a sustainable, comprehensive a subcommittee was created to monitor its implement technical support and assistance in the ation, amendments were crafted to plug the loopholes, investigation and battle of cyber crimes. and with the support of Senator Cayetano (P), the It is in this light that I wish to express my amended law was enacted. commendation to the NBI, led by Director Virgilio Mendez, for doing everything in its Senator Legarda believed that the law is good, power to go after these syndicates, despite as far as legislation and policy-making are concerned, various obstacles and growing challenges. but she stressed that it should be properly implemented To strengthen our battle against cyber by the National Bureau of Investigation, police pornography, we need to raise this issue and authorities, and the local government units, and the voice our concerns louder, raise awareness, courts should speedily dispose of the cases. She said forge public-private partnerships and generate that she has no information if the law's IRR has better cybercrime strategies with a broader cyber already been completed, and she suggested that security perspective. along with Senator Cayetano (P), it would help if We need to work together to put an end to they would join the IACAT in its next inter-agency all fonns of the illegal human trade. We need to meeting to find out the problems and how cyber beef up our efforts now and save the lives of pornography could be prevented from happening. innocent children, many of whom are girls, who are hoping that soon they will be rescued from Senator Cayetano (P) stated that she was also slavery and be able to tread on a new path for continually monitoring the law, as she admitted that it a much brighter future as empowered men and takes time to apprehend, prosecute and convict the women. perpetrators. Senator Legarda agreed that it would take time for the policies to take effect, and she INTERPELLA nON lamented that while waiting, more and more children OF SENATOR CAYETANO (P) are being victimized by cyber porn syndicates. She urged the IACAT and the LGUs to work closely At the outset, Senator Cayetano (P) commended with the cyber crime division of the NBI which has Senator Legarda for bringing up the topic on cyber successfully conducted raids in SOme areas of the pornography involving children which she described country recently. as a worrisome and gruesome reality. She observed that everytime the nation celebrates an occasion, like Senator Cayetano (P) noted that before apprehen Women's Month in the month of March, activities sion happens, law enforcers conduct investigative and would usually focus on positive events like celebrating intelligence operations, and it is at this stage where wOmen empowerment and honoring women who have the LGUs could come in because they know what is been an inspiration to all. However, she noted that in happening in their respective localities. Senator reality, people need to be strong enough to face the Legarda revealed that in a case in Cordova, Cebu, it gruesome realities that endanger the lives of wOmen was the parents themselves who engaged their child as manifested in the speech of Senator Legarda. into cyber porn, claiming that they were only photos and videos and that no sexual act happened. Senator Cayetano (P) recalled working with Senator Legarda in introducing amendments in order Senator Cayetano (P) said that aside from the to strengthen the anti-trafficking law, and she asked need for coordination with LGU s to stop cyber Senator Legarda if she has feedbacks on how the pornography and abuses of women, there is also amended law was being implemented. Senator Legarda a need to raise awareness that wOmen must be admitted that while the IACA T is doing its best, respected in all aspects. She added that even beyond the actual outcome and effectiveness of the new sexuality, one can tell whether a man, a person, or a law have yet to be seen. She noted that like the juridical entity, such as a corporation, is showing the first Anti-Trafficking in Persons Act, which she respect for women by just looking at their cultural, authored and was sponsored by former Senator Loi environmental and office policies. She recalled that Ejercito, then chair of the Committee on Youth, in the last plenary session, she played an audio Women and Family Relations, after its passage in advertising campaign of an airline which did a 2003 up to 2010, there was very little progress in comparison between an airline promo fare and going r 88 MONDAY, MARCH 10, 2014 out with a girl, the latter described as cheaper to get, expressing their disappointment and for denouncing and she lamented that the company concerned did the advertisement. She pointed out that abuse persists not even make any public apology. because advertisements that use bodies of women to promote products are allowed to be aired on radio At this juncture, Senator Cayetano (P) read the and television. She said that when the abuse of transcript of the audio campaign: women is allowed in any kind of medium, it can be said that people tolerate such kind of culture. She Guy 1: (makes a cat whistle) Ang hot ng chick, stressed the need for people to be conscious of the pare! issue, and that awareness of how important it is to Guy 2: Hindi naman. respect women must be raised. Guy 1: Ha? Ang ganda kaya ng katawan ... 1ong 1egs ... liit ng beywang ... tapas kin is po Senator Cayetano (P) also brought to the attention ng balat. Ana pa ang gusto rna? of the Body the advertisement of ZIC 4 TRacing Guy 2: May mas hot pa dyan. engine oil showing a woman in midrib and very skimpy shorts with the zipper opened up to her Guy 1: Of Asan? Patingin nga. crotch. As opposed to other ads that show women's Guy 2: Ayan, 0, iyan Red Hot Peso sale ng body parts due to the nature of the product, like the AirAsia Zest. Di tulad sa chicks, pare, skin for lotions or the waist for long hair, she pointed maliit lang ang gastos dilo, mas mag-e out that such image has nothing to do with the enj oy ka po. 0, ana? Sino ang mas hot product being advertised, and is very abusive of ngayon? women. She admitted that such images are interesting, Guy 1: AirAsia Zest no pare. the reason why they are used in ads, but she stressed that product selling must be done the right way, Senator Cayetano (P) said that she was without taking advantage of a woman's physique. disappointed and offended because she felt that instead of the company sending her an explanation, INTERPELLATION it should have apologized to the Filipino people, OF SENATOR SOTTO especially to the women. Senator Legarda joined the call and asked the company to apologize and pull At the outset, Senator Sotto said that he finds out the ad campaign. those kinds of advertisements distasteful and that he would never be attracted to them. Senator Cayetano (P) said that the run of the advertisement had ended, so there was nothing to Senator Sotto suggested that the proper committee pull out anymore. She maintained that the company inquire from the Advertisement Board, particularly should have apologized to the Filipino people, on its process of approving advertisements to be particularly the women. Senator Legarda agreed that aired and the penalty being imposed On advertising there is no space in television, radio or even print, agencies that go beyond taste, for instance, in the for such kind of advertisement. She added that the recent ad of the BIR which had caused the ire of ad must be pulled off air, and that the ad agency doctors. He pointed out the need for some kind of must make a public apology. She also remembered a mechanism or standard to regulate the ads, adding similar incident when she wrote the BBC regarding that he never hides his resentment against anything slurs on Filipino women. She reiterated that, first, the that oppresses women, especially since his mother, ad should be pulled out of the radio and television a doctor herself, was one of the founders of the stations; second, the company should apologize to the Women's Rights Movement. Filipino people; and third, the KBP should be conscious of such gender-sensitive issues and further filter Senator Sotto asked how Senator Legarda defines advertisements. pornography as he recalled the debates between Senators Tatad and Mercado who both ended up not Senator Cayetano (P) said that although she agreeing with each other on how pornography should gave the company the opportunity to make the be defined. In reply, Senator Legarda admitted that proper explanation, it was only addressed to her, thus it would be difficult for her to definitively define the making her feel she was the only one who was term because she would have to rely on its definition offended. She thanked her colleagues for also in the anti-cybercrime law which the Supreme Court r MONDAY, MARCH 10,2014 89 recently upheld as constitutional. She said that in her the areas where there IS a proliferation of cyber own understanding, cyber pornography is the use of sex dens. technology or the Worldwide Web, with children and women as tools, in sex acts with customers of either REFERRAL OF SPEECH domestic or foreign source. TO COMMITTEES
To the observation that child pornography is Upon motion of Senator Cayetano (A), there not confined to females, Senator Legarda affirmed being no objection, the Chair referred the speech of that child pornography is not confined to females Senator Legarda and the interpellations thereon to as there are also males who are victims. In the the Committee on Justice and Human Rights as the case of the four young girls from Navotas that she primary committee, and to the Committee on Youth mentioned in her speech, she said that their ages as the secondary committee. ranged from 12 to 19 years old. She disclosed that she has requested the head of the NBI's Cyber MANIFESTATION crime Division to give more details about the raid OF SENATOR CAYETANO (A) wherein a u.S. observer was also present since the United States government was also very keen Senator Cayetano (A) manifested that some of on apprehending human traffickers, especially the members have requested to be allowed to submit child traffickers. their respective explanations of vote on the For bill until Wednesday. Asked on the whereabouts of the uncle of the four young girls, Senator Legarda replied that INSTRUCTION OF THE CHAm he has been apprehended and presently in the The Chair directed the Secretariat to hold the custody of the NBI. She assured that she would submission of the Journal until the resumption of follow up on the status of the case which happened session in May to enable the Members to submit only more than a week ago. She said that cyber their written explanation of vote on the For bill. pornography is a very lucrative industry engaged in by syndicates worldwide since there are people ACKNOWLEDGMENT who enjoy seeing children, mostly girls as young as OF THE PRESENCE OF GUESTS two years old, per-forming lewd sex acts on the Internet, and that it is lamentable that the family of At this juncture, Senator Cayetano (A) acknowl the children itself allows this to happen because of edged the presence in the gallery of the following poverty or ignorance. guests:
Senator Sotto acknowledged that there have Female employees of Tanza Water been proposals to stop this cyber pornography and District, Tanza, Cavite, headed by Myrna that he, along with Senator Legarda, was able to Bobadilla and Julieta Bareira; and help fund the NBI's Cybercrime Division. Senator Legarda affirmed that the division needs more • Students of Public Administration from assistance in terms of personnel and equipment so Bicol University's Graduate School in that it could map out the location of the cyber dens Legaspi City, headed by Atty. Alex in the country and conduct more raids so that cases Nepomuceno. could be filed expeditiously to prosecute the criminals. At the same time, she pointed out that the country's Senate President Drilon welcomed the guests to culture and the treatment of children should be the Senate. improved. MANIFESTATION Senator Sotto requested that he be informed OF SENATOR CAYETANO (P) of the conference with the NBI Cybercrime Division as he was told that most of the children are forced Senator Cayetano (P) manifested her affirmative to use dangerous drugs so that they could perform vote on the Freedom on Information bill. She said such lewd acts. Senator Legarda agreed, as she that she has just flown in from Cebu and was getting further revealed that Cordova, Cebu is one of down from her car when the voting took place. r 90 MONDAY, MARCH 10,2014
SUSPENSION OF SESSION ACKNOWLEDGMENT OF THE PRESENCE OF GUESTS With the permission of the Body, the Chair suspended the session, Senator Cayetano CA) acknowledged the presence in the gallery of the following guests from the It was 4:28 p,m, TOYM Foundation, Inc.: RESUMPTION OF SESSION I. Mabel Mamba, director; Ismael Penado, director; Hilario Cruz II, executive At 4:29 p,m" the session was resumed, director; Naysa Martinez, logistics staff; Nancy Faith de Jesus, logistics officer; PRESENTATION OF SENATE and Antonio Codera, logistics staff; RESOLUTION NO. 31 2. The 2013 Search Committee - Junior Senator Cayetano CA) stated that when the Body Chamber International Sen. Luciano adopted Senate Resolution No, 31, the honorees Frederick Puyod IJI, chairman; JCI were not present which was why they were not able Sen. Rommel Gerodias, vice chairperson; to personally receive their copy of the resolution, and JCI member Ana Cecilia-Palma, judging and publication head; and The Secretary of the Senate read the title of Senate Resolution No, 31, to wit: 3. The Junior Chamber of Commerce International - Mark Manalo, national RESOLUTION CONGRATIJLATING AND EVP, incoming TOYM search chair COMMENDING THE RECIPIENTS person; Ma. Christine Garcia, national pres OF "THE OUTSTANDING YOUNG ident; Richard Marina, secretary-general; MEN" CTOYM) OF THE PHILIPPINES and Regenal Yu, former secretary-general. 2013 AWARD HONORED BY THE JUNIOR CHAMBER INIERNATIONAL SUSPENSION OF SESSION - PHILIPPINES, INC., THE GERRY ROXAS FOUNDATION, INC., AND THE TOYM FOUNDATION, INC. Upon motion of Senator Cayetano CAl, the session was suspended for the presentation of Senate Thereupon, the Secretary of the Senate then Resolution No.3 I to the honorees. read the names of the Outstanding Young Men CTOYM) awardees of 2013, as follows: It was 4:32 p.m.
I. Emerson Atanacio for Social RESUMPTION OF SESSION Entrepreneurship; 2. June Cheryl Cabal-Revilla for At 4:37 p.m., the session was resumed. Community Service; 3. Nicole Paula Curato for Sociology; REFERENCE OF BUSINESS
4. Custer Deocaris for Science The Secretary of the Senate read the following Communications; matters and the Chair made the corresponding 5. Miguel Rene Dominguez for referrals: Government and Public Service; 6. Alonzo Gabriel for Food Science & MESSAGE FROM THE Technology; HOUSE OF REPRESENTATIVES 7. Karl Michael Reyes for Medicine; Letter from the Secretary General of the House of 8. Paolo Antonio S. Silva for Medicine; Representatives, informing the Senate that on 4 and March 2014, the House of Representatives 9. Christopher John Alandy Tiu for Youth passed the following House bills, in which it Leadership Development. requested the concurrence of the Senate: r MONDAY, MARCH 10,2014 91
House Bill No. 217, entitled COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002 AN ACT DECLARING DECEMBER 8 OF EVERY YEAR AS A SPECIAL To the Committee on Public Order and NONWORKING HOLIDA Y IN Dangerous Drugs THE MUNICIPALITY OF AGOO, PROVINCE OF LA UNION, TO BE House Bill No. 3117, entitled KNOWN AS AGOO DAY AN ACT DECLARING SEPTEMBER 20 To the Committee on Local Government OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY TO BE House Bill No. 438, entitled KNOWN AS "JOSEFA LLANES ESCODA DAY" IN THE PROVINCE AN ACT CHANGING THE NAME OF OF ILOCOS NORTE IN HONOR OF SAN MANUEL NORTE NATIONAL THE WORLD WAR II HEROINE AND HIGH SCHOOL IN THE MUNICI FOUNDER OF THE GIRL SCOUTS PALITY OF AGOG, PROVINCE OF LA OF THE PHILIPPINES DONA UNION TO DR. MANUEL T. CASES JOSEFA LLANES ESCODA SR. NATIONAL HIGH SCHOOL To the Committee on Local Government To the Committee on Education, Arts and Culture House Bill No. 3780, entitled
House Bill No. 439, entitled AN ACT DECLARING THE PROVINCE OF EASTERN SAMAR A MINING AN ACT CHANGING THE NAME OF FREE ZONE AND PROVIDING SAN MANUEL NORTE ELEMENTARY PENALTIES FOR VIOLATIONS SCHOOL IN THE MUNICIPALITY THEREOF OF AGOO, PROVINCE OF LA UNION TO DR. MANUEL T. CASES To the Committee on Environment and SR. ELEMENTARY SCHOOL Natural Resources
To the Committee on Education, Arts and House Bill No. 3922, entitled Culture AN ACT DECLARING NOVEMBER 28 OF EVERY YEAR A SPECIAL NON House Bill No. 605, entitled WORKING HOLIDAY IN THE AN ACT DECLARING DECEMBER 2 MUNICIPALITY OF SANTA MAR OF EVERY YEAR AS A SPECIAL GARITA, PROVINCE OF WESTERN NONWORKING HOLIDAY IN SAMAR IN COMMEMORATION PASAY CITY TO BE KNOWN AS OF ITS FOUNDING DAY TO BE THE FOUNDATION DAY OF PASAY KNOWN AS THE FOUNDATION CITY DAY OF THE MUNICIPALITY OF SANTA MARGARITA To the Committee on Local Government To the Committee on Local Government
House Bill No. 2285, entitled House Bill No. 3943, entitled
AN ACT TO FURTHER STRENGTHEN AN ACT DECLARING AUGUST 30 THE ANTI-DRUG CAMPAIGN OF OF EVERY YEAR A SPECIAL THE GOVERNMENT, AMENDING NONWORKING HOLIDAY IN THE FOR THE PURPOSE SECTION 21 MUNICIPALITY OF CATARMAN, OF REPUBLIC ACT NO. 9165, PROVINCE OF CAMIGUIN TO BE OTHERWISE KNOWN AS THE KNOWN AS "CATARMAN DAY," r 92 MONDAY, MARCH 10, 2014
THEREBY AMENDING REPUBLIC and House Bill No. 3981, entitled ACT NO. 9203, ENTITLED "AN ACT DECLARING THE FIFTEENTH (15"') AN ACT PROVIDING FOR THE DAY OF AUGUST OF EVERY YEAR MANDATORY APPOINTMENT OF A AS A SPECIAL NONWORKING COOPERA TIVES OFFICER IN HOLIDAY IN THE MUNICIPALITY EVERY LOCAL GOVERNMENT UNIT, OF CATARMAN, PROVINCE OF AMENDING FOR THE PURPOSE CAMIGUIN' TO BE KNOWN AS REPUBLIC ACT NO. 7160, OTHER CATARMAN DAY" WISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 To the Committee on Local Government To the Committee on Local Government House Bill No. 3944, entitled BILL ON FIRST READING
AN ACT DECLARING SEPTEMBER 7 Senate Bill No. 2163, entitled OF EVERY YEAR A SPECIAL NONWORKING HOLIDAY IN THE AN ACT REDUCING THE CORPORATE CITY OF CA VITE, PROVINCE OF INCOME TAX RATE, AMENDING CAVITE IN COMMEMORATION OF SECTIONS 27 AND 28 OF THE ITS FOUNDATION ANNIVERSARY NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED, AND To the Committee on Local Gove,'nment FOR OTHER PURPOSES
House Bill No. 3945, entitled Introduced by Senator Sonny Angara
AN ACT DECLARING JULY 4 OF To the Committee on Ways and Means EVERY YEAR A SPECIAL NONWORKING HOLIDAY IN THE RESOLUTION PROVINCE OF LANAO DEL SUR IN COMMEMORATION OF ITS Proposed Senate Resolution No. 561, entitled FOUNDATION DAY RESOLUTION DIRECTING THE SENATE COMMITTEE ON ENERGY TO To the Committee on Local Government CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE House Bill No. 3972, entitled STATUS OF THE ENERGY SECTOR IN THE COUNTRY AND THE AN ACT PROVIDING FOR THE POWER SHORTAGE SITUATION IN ESTABLISHMENT OF THE NO MINDANAO CALLS AND NO TEXT REGISTRA TION SYSTEM AND FOR OTHER Introduced by Senator Ramon Bong Revilla Jr. PURPOSES To the Committee on Energy To the Committees on Puhlic Services; Trade, Commerce and Entrepreneurship; and Finance COMMITTEE REPORTS
House Bill No. 3976, entitled Committee Report No. 20, submitted by the Com mittee on Public Services, on House Bill No. 353, AN ACT DECLARING JULY 25 OF introduced by Representative Colmenares, et ai., EVERY YEAR AS THE NATIONAL entitled CAMPUS PRESS FREEDOM DAY AN ACT MANDATING THE TELECOM To the Committee on Education, Arts and MUNICA TIONS SERVICE PRO Culture VIDERS TO SEND FREE MOBILE r MONDAY, MARCH 10,2014 93
ALERTS IN THE EVENT OF NATURAL being no objection, the Body considered, on Second AND MAN-MADE DISASTERS AND Reading, the following bills, one after the other: CALAMITIES, House Bill No. 353, entitled recommending its approval without amendment. AN ACT MANDATING THE TELECOM Sponsor: Senator Ramon Bong Revilla Jr. MUNICATIONS SERVICE PROVI DERS TO SEND FREE MOBILE To the Calendar for Ordinary Business ALERTS IN THE EVENT OF NATURAL AND MAN-MADE DISASTERS Committee Report No. 21, submitted by the Com AND CALAMITIES; and mittee on Public Services, on House Bill No. 3187, introduced by Representatives Serna and Teodoro, House Bill No. 3187, entitled entitled
AN ACT GRANTING COT ABA TO AN ACT GRANTING COT ABA TO LIGHT AND POWER COMPANY A LIGHT AND POWER COMPANY, FRANCHISE TO CONSTRUCT, A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE INSTALL, ESTABLISH, OPERATE AND MAINTAIN A DISTRIBUTION AND MAINTAIN A DISTRIBUTION SYSTEM FOR THE CONVEYANCE SYSTEM FOR THE CONVEYANCE OF ELECTRIC POWER TO THE OF ELECTRIC POWER TO THE END END-USERS IN THE CITY OF USERS IN THE CITY OF COTABATO COTABATO AND PORTIONS OF AND PORTIONS OF THE MUNICI THE MUNICIPALITIES OF DATU PALITIES OF DATU ODIN SINSUAT ODIN SINSUAT AND SULTAN AND SULTAN KVDARAT, BOTH IN KUDARAT, BOTH IN THE THE PROVINCE OF MAGVINDANAO. PROVINCE OF MAGUINDANAO, Pursuant to Section 67, Rule XXIII of the Rules recommending its approval without amendment. of the Senate, with the permission of the Body, upon motion of Senator Cayetano (A), only the titles ofthe Sponsor: Senator Ramon Bong Revilla Jr. bills were read without prejudice to the insertion of their full texts into the Record of the Senate. To the Calendar for Ordinary Business The Chair recognized Senator Revilla for the SPECIAL ORDERS sponsorship.
Upon motion of Senator Cayetano (A), there SUSPENSION OF SESSION being no objection, the Body approved the transfer of the following from the Calendar for Ordinary Upon motion of Senator Cayetano (A), the session Business to the Calendar for Special Orders: was suspended.
1. Committee Report No. 20 on House Bill It was 4:43 p.m. No. 353 (Free Mobile Disaster Alerts Act); and RESUMPTION OF SESSION 2. Committee Report No. 21 on House Bill At 4:47p.m., the session was resumed. No. 3187 (granting franchise to Cotabato Light and Power Company). OMNIBUS SPONSORSHIP SPEECH OF SENATOR REVILLA CONSIDERATION OF HOUSE BILL NOS. 353 AND 3187 Senator Revilla delivered his omnibus sponsor ship speech covering House Bill Nos. 353 and 3187, Upon motion of Senator Cayetano (A), there to wit: r 94 MONDAY, MARCH 10,2014
The Committee on Public Services has the tion of public utility shall be granted except to honor to present for the approval of this citizens of the Philippines." honorable Body the herein legislative proposals, The Committee on Public Services, through Rouse Bill No. 353, entitled "An Act Mandating this Representation, has examined and evaluated the Telecommunications Service Providers to all the documents submitted by the applicant Send Free Mobile Alerts in the Event of Natural and has come out with the following findings: and Man-Made Disasters and Calamities" under Committee Report No. 20; and House Bill No. 3187, 1. That the application for a grant of franchise entitled "An Act Granting Cotabato Light and has complied with all the requirements Power Company, a Franchise to Construct, Install, prescribed by law, including the provisions Establish, Operate and Maintain the Distribution of the Local Government Code; System for the Conveyance of the Electric Power 2. That the applicant, including all his officers to the End Users in the City of Cotabato and and directors, are all citizens of the Philippines; Portions of Datu Sinsuat and Sultan Kudarat, Both in the Province of Maguindanao" under 3. That the incorporation of the entity of the Committee Report No. 21. applicants has been organized under the laws of the Philippines, complying with all The whole world has seen the massive the requirements set forth by the Securities destructions brought about by the stonn surge and Exchange Commission (SEC) as well as "Yolanda." The death toll recorded reached less the Energy Regulatory Board (ERB); and than 10,000. But those who were able to witness the actual destruction would attest that the 4. That there are provision measures on the figure far exceeded media report. non-exclusivity clause of the franchise, the period that the grant of franchise would be As a representative of the Filipino people, for the common good. Such grant could be my heart bled when I personally saw the situa the subj ect of amendments, alteration or tion. Rad there been an advance notice to the repeal when the common good so requires. citizens of the impending disaster, our people would have had a chance to prepare. Our Committee, through this Representation, is urging the immediate approval of the grant of It is in this light that I am seeking the urgent franchise to Cotabato Electric Company in order approval of this Chamber of Rouse Bill No. 353, for the residents ofthe province of Maguindanao mandating all the telecommunications service to continue to e'\ioy the excellent service of the providers to send free mobile alerts in the event electric company. of natural and man-made disasters and calamities To reiterate, OUf Committee, through this to avoid future and massive destruction. Representation, is seeking the approval of this I would like to infonn this Chamber that Chamber of Rouse Bill Nos. 353 and 3187. Senator Poe had also filed a similar bill on disaster preparedness. However, our committee MANIFESTATION had no jurisdiction yet over the bill when it OF SENATOR CAYETANO (A) conducted public hearing. In view thereot; may I manifest that Senate Bill No. 2129 be Senator Cayetano (A) manifested that Senator incorporated in this report. Poe would submit her cosponsorship speech on the The second report is Rouse Bill No. 3187. measure for insertion into the Journal and Record of First of all, I would like to state that the Philip the Senate. pine Constitution has recognized the vital role of the private sector in promoting the welfare of the COSPONSORSHIP SPEECH nation by providing services to the public, such OF SENATOR POE as the provision of electric distribution facilities to the far-flung areas of our country. Pursuant to the manifestation of Senator Cayetano While the Constitution recognizes the role (A), the following is the cosponsorship speech of of the private sector in providing their services Senator Poe on House Bill No. 353 which was deemed to the public, it is not complacent in granting read into the Journal and Record of the Senate: the privilege to operate the same for public use, for which it states clearly Section 11 of the 1987 I stand to cosponsor Committee Report Philippine Constitution: "No franchise, certificate No. 20. Let me state that one of my bills-Senate or any other form of authorization for the opera- Bill No. 2l29-is included in the report as ( MONDAY, MARCH 10, 2014 95
manifested by the Chair of the Senate Committee COSPONSORS on Public Services earlier in his sponsorship speech. Upon motion of Senator Cayetano (A), there I always believe that innovation and being no objection, all the Members present were technology are significant in the achievement made cosponsors of House Bill Nos. 353 and 3187. of goals and in the dissemination of good information. SUSPENSION OF CONSIDERATION Modern notification systems, such as OF HOUSE BILL NOS. 353 AND 3187 mobile phone alerts, can be used to augment the existing and inefficient system as the Philippines Upon motion of Senator Cayetano (A), there had about 107 million mobile phones as of being no objection, the Body suspended consideration October 2013-ranked 12" in the world-and of the bills. was expected to rise to 117 million mobile phone users by 2016. The government can also MANIFESTATION capitalize on wireless emergency alerts to warn OF SENATOR CAYETANO (A) and inform the public about local hazards-as is done by the United States, Australia and the Senator Cayetano (A) stated that the Sandigan Netherlands-since the Philippines is considered as the texting capital of the world due to a large bayan bill was supposed to be part of the agenda for volume of SMS traffic exchange in the country the day; however, upon consultation with Senator daily. Sotto, he was informed that the Minority bloc has requested for more time to study and formulate At present, there are 200 million estimated questions on the measure. He said that he would number of text messages sent in the Philippines every day. According to a US study, an average again consult Senator Satta and that the bill would be Filipino receives around 600 messages per included in the next day's agenda. month. ADJOURNMENT OF SESSION On average, 19 cyclones enter the Philip pines annually. Last year, however, was an Upon motion of Senator Cayetano (A), there extraordinary year for the Philippines: a total of 25 weather disturbances wrought havoc to a being no objection, Senate President Drilon declared nation considered as one of the most disaster the session adjourned until three o'clock in the prone countries in the world. Super typhoon afternoon of the following day. "Yolanda" swept several provinces on November 8, last year, leaving more than 8,000 It was 4:54 p.m. people dead and some 1,700 still missing. The typhoon was catastrophic that it left millions I hereby certify to the correctness of the without shelter, and thousands of families are foregoing. still reeling from the massive destruction of the typhoon. In closing, the Senate should accord this policy measure with urgent consideration. Let me reiterate, the legislation "An Act Mandating ~ES Telcos to Send Free Mobile Alerts in the Event Secretary of the Senate of Natural and Man-Made Disasters and Q J4r h-- Calamities," should be passed soonest. Marami pong salam at. Approved on May 5, 2014