REPUBLIC OF THE PHILIPPINES Senat:e City

Journal

SESSION NO. 23 Wednesday, September 18,2013

SIXTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 23 Wednesday, September 18,2013

CALL TO ORDER Angara, S. Lapid, M. L. M. Binay, M. L. N. S. Legarda, L. At 3:02 p.m., the Senate President, Hon. franklin Cayetano, A. P. C. S. Osmefia III, S. R. M. Drilon, called the session to order. Drilon, F. M. Pimentel 1Il, A. K. Ejercito, J. V. G. Recto, R. G. PRAYER Escudero, F. J. G. Revilla Jr., R. B. Estrada, J. Sotto III, V. C. Sen. Cynthia A. Villar read the prayer of Honasan, G. B. Villar, C. A. St. Francis of Assisi, to wit:

Lord, we pray to make us an instrument With 16 senators present, the Chair declared of Your peace. Where there is hatred, let us the presence of a quorum. sow love; where there is injury, pardon; where there is doubt, faith; where there is Senators Aquino and Poe arrived after the despair, hope; where there is darkness, light; roll call. and where there is sadness, joy. Senators Cayetano (P) and Guingona were on o Divine Master, grant that we may not official mission. so much seek to be consoled as to console; to be understood as to understand; to be loved as to love. For it is in giving that we Senators Defensor Santiago and Enrile were receive; it is in pardoning that we are on sick leave. pardoned; and it is in dying that we are born again to eternal life. Senators Marcos and Trillanes were absent. Amen. APPROVAL OF THE JOURNAL ROLL CALL Upon motion of Senator Cayetano (A), there Upon direction of the Chair, the Secretary ofthe being no objection, the Body dispensed with the Senate, Atty. Oscar G. Yabes, called the roll, to reading of the Journal of Session No. 22 (September which the following senators responded: 17, 2013) and considered it approved. 444 WEDNESDAY, SEPTEMBER 18, 2013

REFERENCE OF BUSINESS Senate Bill No. 1634, entitled

The Secretary of the Senate read the following AN ACT FURTHER AMENDING SECTION matters and the Chair made the corresponding ONE OF REPUBLIC ACT NO. 53, referrals: OTHERWISE KNOWN AS AN ACT TO EXEMPT THE PUBLISHER, BILLS ON FIRST READING EDITOR, COLUMNIST OR REPORTER OF ANY PUBLICATION FROM Senate Bill No. 1631, entitled REVEALING THE SOURCE OF PUBLISHED NEWS OR INFORM­ AN ACT TO PROVIDE FOR THE USE ATION OBTAINED IN CONFIDENCE OF MOBILE UNITS SERVING MEDICAL, DIAGNOSTIC, AND Introduced by Senator Ejercito Estrada TREATMENT SERVICES, IN ORDER TO ENSURE THE AVAILABILITY To the Committee on Public Information OF QUALITY HEALTH CARE and Mass Media SERVICES FOR PATIENTS WHO RECEIVE CARE IN REMOTE OR Senate Bill No. 1635, entitled RURAL AREAS AND FOR PATIENTS WHO NEED SPECIALIZED TYPE OF AN ACT REPEALING SECTION 90 OF MEDICAL CARE PROVIDED IN A REPUBLIC ACT NO. 7160, OTHER­ COST-EFFECTIVE WAY WISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991, Introduced by Senator Ejercito Estrada PROHIBITING AND LIMITING THE PRACTICE OF PROFESSION BY To the Committee on Health and Demo­ ELECTED LOCAL GOVERNMENT graphy OFFICIALS

Senate Bill No. 1632, entitled Introduced by Senator Ejercito Estrada

AN ACT REQUIRING ALL PUBLIC To the Committee on Local Government HEALTH CENTERS TO BE OPEN AT ALL TIMES TO PROVIDE Senate Bill No. 1636, entitled CONTINUOUS HEAL TH AND MEDICAL SERVICES TO THE AN ACT AMENDING SECTION 144 OF PUBLIC BATAS PAMBANSA BLG. 68, OTHERWISE KNOWN AS THE Introduced by Senator Ejercito Estrada CORPORATION CODE OF THE PHILIPPINES BY INCREASING To the Committees on Health and Demo­ THE RANGE OF PENALTIES FOR graphy; and Finance VIOLATION OF ITS PROVISIONS AND FOR OTHER PURPOSES Senate Bill No. 1633, entitled Introduced by Senator Ejercito Estrada AN ACT LIMITING EXPOSURE OF CHILDREN TO VIOLENT PROGRAM­ To the Committee on Trade, Commerce MING ON TELEVISION AND CABLE and Entrepreneurship SYSTEMS Senate Bill No. 1637, entitled Introduced by Senator Ejercito Estrada AN ACT REQUIRING MANDA­ To the Committee on Public Information TORY REPORTING OF MARINE and Mass Media CASUALTIES r TWEDNESDA y, SEPTEMBER 18,2013 445

Introduced by Senator Ejercito Estrada Senate Bill No. 1641, entitled

To the Committees on Public Services; and AN ACT REQUIRING MOVIE, TELE­ Justice and Human Rights VISION, AND RADIO PRODUCERS, INCLUDING PROMOTION AND Senate Bill No. 1638, entitled ADVERTISING AGENCIES, AND OTHER LIKE ENTITIES, EMPLOY­ AN ACT FIXING THE MINIMUM ING UNEMANCIPATED MINORS STANDARD FOR DEATH BENE­ TO DEPOSIT THEIR TALENT FEES FITS TO FILIPINO SEAFARERS OR INCOME IN A TRUST FUND, EMPLOYED OVERSEAS AND IMPOSING PENALTIES FOR ESTABLISHING A MECHANISM AT VIOLATION THEREOF AND FOR THE PHILIPPINE OVERSEAS OTHER PURPOSES EMPLOYMENT ADMINISTRATION FOR ITS REGULAR REVIEW AND Introduced by Senator Ejercito Estrada REALIGNMENT TO PREVAILING INTERNATIONAL STANDARDS To the Committees on Public Iuformatiou AND FOR OTHER PURPOSES and Mass Media; and Youth

Introduced by Senator Ejercito Estrada Senate Bill No. 1642, entitled

To the Committees on Labor, Employment AN ACT AMENDING REPUBLIC ACT and Human Resources Development; and NO. 8479, OTHERWISE KNOWN AS Social Justice, Welfare and Rural Development THE DOWNSTREAM OIL INDUSTRY DEREGULATION ACT Senate Bill No. 1639, entitled Introduced by Senator ~ercito Estrada AN ACT AUTHORIZING BARANGAYS TO ENTER INTO OFFICIAL CON­ To the Committees on Energy; Trade, TRACTS WITH NATIONAL GOVERN­ Commerce and Entrepreneurship; and Finance MENT AGENCIES AND LOCAL GOVERNMENT UNITS TO UNDER­ Senate Bill No. 1643, entitled TAKE THE DELIVERY OF BASIC SERVICES FOR THE PURPOSE OF AN ACT DECLARING THE MT. PROVIDING EMPLOYMENT TO BALATUKAN RANGE LOCATED IN BARANGAY RESIDENTS AND FOR THE CITY OF GINGOOG AND IN THE OTHER PURPOSES MUNICIPALITIES OF CLA VERlA, MEDINA AND BALINGASAG, ALL Introduced by Senator Ejercito Estrada IN THE PROVINCE OF MISAMIS ORIENT AL, AS A PROTECTED To the Committee on Local Government AREA AND ITS PERIPHERAL AREAS AS BUFFER ZONE, PROVID­ Senate Bill No. 1640, entitled ING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES AN ACT PROVIDING FOR THE ESTABLISHMENT OF BARANGAY Introduced by Senator Ejercito Estrada DRUGSTORES, OTHERWISE KNOWN AS "BOTICA SA BARANGA Y," AND To the Committees on Environment and FOR OTHER PURPOSES Natural Resources; and Finance

Introduced by Senator Ejercito Estrada Senate Bill No. 1644, entitled

To the Committees on Health and Demo­ AN ACT PROVIDING FOR SUSTAIN­ graphy; and Local Government ABLE FOREST MANAGEMENT r 446 WEDNESDAY, SEPTEMBER IS, 2013

Introduced by Senator Ejercito Estrada WOMEN ON LAWS RELATING TO CRIMES AGAINST CHASTITY, To the Committees on Environment and AMENDING FOR THIS PURPOSE Natural Resources; Local Government; Ways ARTICLE 333 AND REPEALING and Means; and Finance ARTICLE 334 OF ACT 3815, OTHERWISE KNOWN AS THE Senate Bill No. 1645, entitled REVISED PENAL CODE, AND FOR OTHER PURPOSES AN ACT REQUIRING EMPLOYERS TO PAY 14th MONTH PAY Introduced by Senator Maria Lourdes Nancy S. Binay Introduced by Senator Sotto '" To tbe Committee on Women, Family To the Committees on Civil Service and Relations and Gender Eq uality Government Reorganization; and Labor, Employ­ ment and Hnman Resonrces Development Senate Bill No. 1649, entitled

Senate Bill No. 1646, entitled AN ACT ENSURING THE SECURITY OF WOMEN CONFINED IN AN ACT MAKING I-lEAL TH CARE DISTRICT, CITY, AND MUNICIPAL SERVICES ACCES;O;lBLE BY JAILS BY REQUIRING THE MANDATING THE DEPARTMENT MAINTENANCE OF SEP ARA TE OF HEALTH TO PROVIDE AT DETENTION FACILITIES FOR LEAST ONE (I) HEALTH WORKER WOMEN PRISONERS, AMENDING OR SUCH OTHER NECESSARY FOR THIS PURPOSE SECTION 63 OF HEALTH PERSONNEL IN EVERY REPUBLIC ACT NO. 6975, OTHER­ BARANGAY AND FOR OTHER WISE KNOWN AS THE DEPARTMENT PURPOSES OF THE INTERIOR AND LOCAL GOVERNMENT ACT OF 1990, AND Introduced by Senator Maria Lourdes Nancy FOR OTHER PURPOSES S. Binay Introduced by Senator Maria Lourdes Nancy To tbe Committees on Healtb and Demo­ S. Binay grapby; Local Government; and Finance To tbe Committees on Pnblic Order and Senate Bill No. 1647, entitled Dangerous Drugs; and Women, Family Relations and Gender Eq uality AN ACT REPEALING THE CRIME OF PREMATURE MARRIAGE UNDER Senate Bill No. 1650, entitled ARTICLE 351 OF ACT NO. 3815, OTHERWISE KNOWN AS THE AN ACT FURTHER STRENGTHENING REVISED PENAL CODE REPUBLIC ACT 9160 OR THE ANTI­ MONEY LAUNDERING ACT AS Introduced by Senator Maria Lourdes Nancy AMENDED BY REPUBLIC ACT 9194, S. Binay REPUBLIC ACT 10167 AND REPUBLIC ACT 10365 To the Committee on Women, Family Relations and Gender Equality Introduced by Senator Maria Lourdes Nancy S. Binay Senate Bill No. 1648, entitled To the Committees on Banks, Financial AN ACT ENSURING THE FUNDA­ Institutions and Currencies; and Justice and MENTAL EQUALITY OF MEN AND Human Rights r TWEDNESDAY, SEPTEMBER \8, 20\3 447

Senate Bill No. 1651, entitled PROVINCE OF AKLAN, AND IN THE MUNICIPALITIES OF LIBERTAD AN ACT ENHANCING PROTECTION AND PANDAN, PROVINCE OF FOR LEGITIMATE OWNERS or ANTIQUE AS A PROTECTED AREA REAL PROPERTY AND PROVIDING UNDER THE CATEGORY OF PENALTIES FOR FRAUDULENT NATURAL PARK, PROVIDING FOR ACTS IN REAL ESTATE TRANSAC­ ITS MANAGEMENT AND FOR TIONS OTHER PURPOSES

Introduced by Senator Maria Lourdes Nancy Introduced by Senator Maria Lourdes Nancy S. Binay S. Binay

To the Committee on Justice and Hnman To the Committees on Environment and Rights Natural Resources; and Finance

Senate Bill No. 1652, entitled Senate Bill No. 1655, entitled

AN ACT PROHIBITING COURTS FROM AN ACT PUNISHING ANY PERSON ISSUING RESTRAINING ORDERS WHO SHALL PROMOTE, FACILITATE, OR PRELIMINARY INJUNCTIONS INDUCE ANOTHER TO ENGAGE IN IN CERTAIN CASES INVOLVING THE ACT OF PROSTITUTION AND EXTRA-JUDICIAL AND JUDICIAL PUNISHING ANY PERSON WHO FORECLOSURE OF REAL ESTATE SHALL DERIVE MONEY OR PROFIT MORTGAGES, AND FOR OTHER FROM PROSTITUTION, PROVIDING PURPOSES PENAL TIES THEREFOR, AND FOR OTHER PURPOSES Introduced by Senator Maria Lourdes Nancy S. Binay Introduced by Senator Maria Lourdes Nancy S. Binay To tbe Committee on Justice and Human Rights To the Committees on Justice and Human Rights; and Women, Family Relations and Senate Bill No. 1653, entitled Gender Eq uality

AN ACT RECOGNIZING SWISS Senate Bill No. 1656, entitled CHALLENGE OR PRICE MATCHING SCHEME TO ENCOURAGE PRIVATE AN ACT TO REQUIRE ALL FRAN­ SECTOR PARTICIPATION IN CHISE HOLDERS OR OPERA TORS VARIOUS GOVERNMENT PROJECTS OF TELEVISION STATIONS AND NOT COVERED BY THE BOT LAW PRODUCERS OF TELEVISION AS AMENDED PROGRAMS TO BROADCAST OR PRESENT THEIR PROGRAMS WITH Introduced by Senator Maria Lourdes Nancy CLOSED CAPTIONS, AND FOR S, Binay OTHER PURPOSES

To the Committee on Finance Intraduced by Senator

Senate Bill No. 1654, entitled To the Committee on Public Information and Mass Media AN ACT DECLARING THE NORTHWEST PANAY PENINSULA LOCATED Senate Bill No. 1657, entitled IN THE MUNICIPALITIES OF NABAS, MALAY AND BURUANGA, AN ACT AMENDING SECTION 53 r 448 WEDNESDAY, SEPTEMBER 18,2013

OF REPUBLIC ACT NO. 9184, ACKNOWLEDGMENT OTHERWISE KNOWN AS THE OF THE PRESENCE OF GUESTS "GOVERNMENT PROCUREMENT REFORM ACT," AND FOR OTHER Senator Cayetano (A) acknowledged the PURPOSES presence in the gallery of the following guests: • Congressman Raneo Abu of the 2"' Introduced by Senator Trillanes IV District of Batangas, accompanied by Board Member Atienza and Mr. Tito To the Committees on Finance; and National Aguirre; Defense and Security • 2"' and 3" year students from Far Eastern Senate Bill No. 1658, entitled University, Economics Society, headed by Prof. Cherie Mae Perillo; and AN ACT AMENDING SECTION 4(B) OF REPUBLIC ACT NO. 7898, OTHER­ • Students from Don Bosco College of Canlubang, Calamba, headed by WISE KNOWN AS THE AFP Ms. Jennifer Silao. MODERNIZATION ACT, AS AMENDED BY REPUBLIC ACT NO. 10349, ESTABLISHING THE "REVISED AFP The Senate President welcomed the guests to the Senate. MODERNIZATION PROGRAM," AND FOR OTHER PURPOSES SUSPENSION OF SESSION Introduced by Senator Trillanes IV Upon motion of Senator Cayetano (A), the session was suspended. To the Committee on National Defense and Secnrity It was 3:15 p.m. Senate Bill No. 1659, entitled RESUMPTION OF SESSION

AN ACT AMENDING B.P. 881, ALSO At 3: 18 p.m., the session was resumed. KNOWN AS THE OMNIBUS ELECTION CODE, SECTION 6, ON PRIVILEGE SPEECH FAILURE OF ELECTION OF SENATOR LEGARDA

Introduced by Senator Ejercito Estrada Availing herself of the privilege hour, Senator Legarda delivered the following speech in the To the Committee on Electoral Reforms wake of the rainy season and the season of and People's Participation habagat, and the perennial problem of flooding that they bring: Senate Bill No. 1660, entitled HUMAN FACE OF FLOODING AN ACT TO ESTABLISH STRUCTURAL Stranded commuters, long queues in public REFORMS IN THE INFORMATION transport stations, students wading in flood AND COMMUNICATIONS SECTOR waters, stalled cars, highways and streets TO PROMOTE DEVELOPMENT, inundated by flood waters, bancas in the city DELIVERY AND USE OF CONVER­ streets as a mode of transportation - this has GENT SERVICES become a usual scenario as the new normal weather events bring voluminous rains, causing Introduced by Senator Ejercito Estrada floods of various levels in the metropolis. Normal sa isang nanay na nagtatrabaho To the Committees on Public Services; and ang gumising nang maaga para ayusin ang Ways and Means pangangailangan ng kanyang asawa at mga (' TWEDNESDAY, SEPTEMBER 18,2013 449

anale no pumapasak sa trahaka at paaralan. gamit ang Geographical Information System, Ngunit kung dati ay gumigising siya ng alas­ tinatayang labing pitong (17) milyong ektarya smgko ng umaga, ngayan ay gumigismg siya ng lupain na bumubua ng lrmampu at walong nang mas maaga po dahll kapag bumuhos ang porsyento (58%) ng ating mga lupain ay malakas na ulan, sigurado na kasunod nita maaarmg malubog sa baha. ang pagbaha. According to the Climate Change Commis­ Pag matindi ang ulan, asahan no ang sion (Ccq, the annual damage to agriculture due dating isang oras na biyahe ay magiging to typhoons, droughts and floods already dalawa hanggang tatlong oras, a kung account for 3% of total agricultural production minamalas-malas pa ay baka dl po makarating estimated to be worth Pl2 billion. sa ttabaha kung may l>aha. We take note that our government has taken Noon, ang kinatatakutan ng tao ay ang steps to adapt to the new norm. A World Bank bagyo dahil kasunod nita ay ang pagbaha. study revealed that the Philippines has increased Ngayan, ulan lamang ay baha na. its budget by 26% in climate change adaptation programs. However, we need to review how we Para sa isang padre de pamilya na are using these funds. sumusuweldo nang arm-van, normal na ang pagsuong so baha at maglakad nang milya­ During the Senate hearing for the budget of milya para lamang makaratll1g sa trabaha. the Climate Change Commission, Vice Chair Lucille Kung hindi nrya Ito gagawin ay wala siyang Sering noted that about 90% of the climate funds ipapakam sa kanyang pami!ya. Ulan at baha - between 2008 and 2012 were allocated to address ito na ang bagong pagsubok na humakarap so flooding, repair and rehabilitation of Infrastruc­ atmg lalwt. ture, and sector support. The torrential rains and the resulting floods While it is very important that we repair not ouly affect the poor people and the working damages on our infrastructure after each middle class. It also affects businesses, schools, typhoon, we have to realize that there could be government offices, trade and industry, and a better way of responding to the new norm we stock market. It affects the farmers whose crops face today. are washed away by floods, and fisherfolk who We need to invest in building more resilient would nol be able to scour the seas for a communities and infrastructure. Higher standards bountiful catch due to the harsh weather. for flood control and drainage systems should be enforced. Rainwater catchment facilities and Mayaman, mahirap, bata 0 matanda, may pawesto a wala, may natapos 0 wala, taga­ flood monitoring and warning systems need to slyudad 0 taga-prabinsiya - walang sinasanto be installed. We have numerous laws, including ang malin ding hagupit ng bagyo at malakas the Ecological Solid Waste Management Act, no ulan. Walang pinipilr na pupuntahan that need to be strictly enforced. ang baha. The new norm is a big threat to our basic Statistics on natural disasters show that human rights - the right to food, the right to potable water, the right to shelter, decent except for the July 1990 earthquake, the most livelihood and life itself. devastating natural disasters in the Philippines in terms of economic damages are mostly due to We are not the only country that is facing storms and floods. this great challenge. Even the powerful nation, the United States, suffered the most expensivc In 2012, the single deadliest disaster in the natural disaster in Hurricane Sandy in 2012 with world was typhoon Bopha or Pablo, which left estimated economic damages at US$50 billion. 1,90 I people either dead or missing in the More than 17 million people in China suffered Philippines. Our country accounted for 12.5 from a single typhoon in June last year. The million victims of natural disasters in 2012 alone, small island nation of Maldives, with less than or 10.2% of total global disaster victims. one million population, even considered buying From 1900 to 2013, the Philippines land in nearby Sri Lanka and in other countries experienced 276 natural disasters due to tropical because their nation is threatened by continuous cyclones, with 40,277 casualties, affecting inundation with water from rising sea levels. 121,567.227 people, and ecouomic damages No matter where we are in the world. the worth US$8.809 billion. warming climate affects us all. We can only do Hindi pa rito nagtatapos ang hlrap. Batay so much to save the world, but we can give our sa pagsusuri ng Department of Agriculture, best to save our home, our country. r 450 WEDNESDAY, SEPTEMBER 18,2013

Salid po nating lahal na ang mga bagyo ay wh ich, he pointed out, transcends borders and local pangkaraniwan sa ating bansa. Ngunit government jurisdictions. ngayon, padalas nang padalas ang pagdating ng mapanira al mapinsalang ulan kahit sa panahong dati-rati oy wala namang bagyo. Senator Legarda replied that the Climate Change Hindi layo pwedeng magkibit-balikal sa Commission, which has one of the smallest budgets lumitinding panganib na dulol nila. Hindi that is enough only for its staff and for international nolm kailangang maging biktirna so tuwing climate negotiations, can only present the national darating ang rnalakas no ulan a bogyo. action plan and assist the LGUs in preparing their Sa ating pagsusuri ng budget ng mga comprehensive land use plans or local action plans, ahens;ya ng ating pamahalaan ay isaisip natin and moreover, it does not have police powers to ang mattnding pangangailangan na pag­ discipline erring LGUs. ibayuhin ang aling kakayahang lumaban sa tinatawag na "bagong normal." Bearing in mind the words of SecretalY Singson that 90% of climate funds are allocated to address INTERPELLATION flooding, repair, and rehabilitation, Senator Angara OF SENATOR ANGARA expressed the belief that it was time for government to have a long-term plan. Asked by Senator Angara if she agrees to the prognosis that the Philippines is the most disaster­ Senator Legarda said that she was expecting the prone country, Senator Legarda replied that indeed DPWH to present a long-term plan during the budget the country has been tagged as such, based on hearing, and she informed the Body that Secretary studies conducted by the World Bank, United Nations S ingson was very cooperative during the hearings of ISOR and many other international organizations. the Climate Change Committee and that he, in fact, She affirmed that the country's natural vulnerability acknowledged that strict adherence to segregation makes it prone to recurring floods, droughts and of wastes at source, recycling and composting, other natural hazards which turn into disasters if and forced relocation of urban settlers living along the countly is not prepared. esteros and waterways would help a lot in solving As to the impact of climate change on the the problem of flooding. But she pointed out that citizenry, especially the poor, Senator Legarda replied these activities are supposed to be implemented by that it is a case of "climate injustice," a buzzword various government agencies, not the DPWH alone coined by former UN Secretary General Kofi Annan and definitely not by the Climate Change Commission because indeed, it is the poor and indigenous peoples which is simply a policy-making body. who are the most affected sectors in developing countries during disasters and who are at the mercy As regards the climate fund, Senator Legarda of government institutions to dish out help during explained that this fund is not sourced from the and after calamities. She said that while the working Climate Change Commission but from various or middle class are capable of moving homes when agencies, and that 90% of it is only for rehabilitation. early warning systems sound off, the indigenous She pointed out that rehabilitation of infrastructure and the poor have nowhere else to go. This is the will always be a vicious cycle considering the harsh reason, she said, why she has been so passionate in effects of climate change, and she expressed the seeing to it that the laws passed by Congress are need for a solution, one wherein experts, such as implemented so that the poor, who are more than engineers, are consulted. half of the population, do not have to be the perennial victims of climate injustice. Senator Legarda stated that as chair of the Committee on Environment and Natural Resources Senator Angara recalled that during the hearing as well as of the oversight committees on certain of the budget of the Department of Public Works environmental laws, she would devote the remaining and Highways (DPWH), Secretary Rogelio Singson years of her term to doing an environmental audit of admitted that Metro has reached its maximum how the Clean Water Act, Solid Waste Management in dealing with rainfall, garbage and other problems. Act and the Climate Change Act are being He then inquired if the Climate Change Commission implemented in order to determine if the LGUs are has a long-term plan that would deal with the problem ready with their respective plans of action. r TWEDNESDAY, SEPTEMBER \8, 20\3 451

Senator Angara noted that there are many families could not be quantified in terms of money. mandates under the laws mentioned that impose He then asked whether the losses could actually be obligations upon LGUs. In the Solid Waste quantified, or whether a study is being conducted to Management Law, for instance, he said that LGUs determine the extent of damage. have to maintain certain facilities which, he opined, might be difficult for those of lower income, like Replying in the affirmative, Senator Legarda fourth to sixth-class municipalities, to comply. He revealed that economic loss caused by typhoon then expressed support for the plan of Senator Ondoy in 2009 was about 2.7% of GDP, or about Legarda to conduct an audit of the mandates, US$4 billion. She recalled that a commission was supposed to work in partnership with the private Senator Legarda stated that only 30% of LGUs foundation of Manny Pangilinan in rehabilitating the in the country are compliant with RA 9003, the Solid victims of Ondoy, but it was abolished after a year Waste Management Law. She noted that when or two because the government component that was questioned about noncompliance, the usual answer supposed to co-fund the US$4 billion for the said of the LGUs was "lack of funds," although some rehabilitation did not materialize. fourth to sixth-class municipalities are able to comply. She mentioned Vice Mayor Al Arquillano of San Senator Legarda also disclosed that the severe Francisco, Camotes Islands in Cebu, a poor and flooding because of heavy rains brought by habagat vulnerable municipality but is ready for disasters, in 20 II brought losses of about 0.8% of the GDP. who was bestowed by the UNISDR the Sasakawa She concurred with Senator Cayetano (Al that aside Award for Disaster Reduction in 2011 and has been from the economic impact, the trauma brought about a frequent guest in her DDR workshops. by such crises is a cause of concern, and that the adverse effects not only occur during typhoons but To the information that over half of the Filipino even after a slight rainshower. She pointed out that households do not have access to clean potable no one is spared because even those in high-end water and sanitation in their own homes, Senator subdivisions are experiencing floods. She affirmed Legarda hoped that Senator Angara would share his the need for NEDA to conduct a comprehensive views on the matter during the oversight committee study on the amount of losses and how to recover hearing. She stated that the right to clean potable the same. She believed that funds should go beyond water is a basic human right, and she underscored rehabilitation and toward more permanent solutions the need for the Senate to be instrumental and to be such as fortifying Metro Manila and other vulnerable able to exert whatever influence it has to provide areas such as and . potable water to the communities who do not have access to it. Senator Cayetano (A) cited the construction of the West Manggahan Road dike which started Senator Angara expressed his confidence that towards the end of his first term as representative of Senator Legarda could pursue a full audit of the Taguig and Pateros, and he recalled arguing then country's ecological and environmental laws, with with the DPWH because it was unwilling to spend the end in view of updating and upgrading them to be P 1.1 billion more for the proposed dike that would able to cope with climate change. cover another 900 hectares of land exposed to the lake. He noted that after the dike was constructed, INTERPELLATION almost all the properties within it were protected OF SENATOR CAYETANO (Al from floods except when the pumping stations ran out of gas. He posited that as long as the pumping Senator Cayetano (Al asked if there are studies stations are maintained well, the money spent for that would show how much is actually lost because construction could easily be recovered within a of flooding. He posited that the amount lost could period of five to ten years through the business and be borrowed by means of a concessional loan, or real estate taxes paid to the local government. the government could opt to appropriate the amount He disclosed that in Fort Bonifacio, real properties needed to fix the flood-prone areas, thereby putting are being sold at P420,OOO to P42S,000 per square to good use the money that could have been lost due meter, the lots mid-way from the dike to Fort Bonifacio to floods. He said that beyond the losses in economic are valued at P40,OOO per square meter and those benefits, the misery and losses in life suffered by near the road dike are pegged anywhere between r 452 WEDNESDAY, SEPTEMBER 18,2013

PI,OOO to P5,000. He pointed out that in less than Senator Legarda said that like Taguig, the a decade, the dike has already been paid for, except Camanava area also suffers from flooding due to that there still remains another 900 hectares of lot malfunctions of pumping stations. She concurred that was not covered by the dike simply because the with Senator Cayetano (A) that a comprehensive government refused to spend another PI.! billion for plan for all vulnerable and flood-prone areas is its construction. already called for, as she gave assurance she would coordinate with the DPWH or would file a resolution Senator Cayetano (A) also recalled that when asking the Committee on Public Works to make a Fort Bonifacio was being developed, the Bases formal request with the public works secretary. Conversion and Development Authority (BCDA), in partnership with the private sector, built an under­ Senator Cayetano (A) said that he learned from ground drainage detention which is aimed at prevent­ Senator Recto that there were different kinds of ing floods in Bonifacio Global City (BGC). He said ODA loans, particularly program loans and project that at present, the BGC's urban planner requires all loans. He said that one of the reforms being imple­ buildings to retain 40% to 50% ohain water instead mented is to veer away from supply-driven plans of allowing it to flow to the roads. wherein the creditor is the one that dictates the type of project that the LGUs should support, and not Senator Cayetano (A) said that the usual requests necessarily the one that is needed. He said that he he receives as a legislator is for the rehabilitation of learned in the anti-flood forums and meetings that he drainage systems. While the pork barrel issue has attended that the anti-flood projects in Metro Manila been the hot topic for the last two months, he said for the last 20 years have indeed been supply-driven. that a congressman would not need his pork barrel if He expressed optimism that with a new-found vigor only the DPWH or the concerned government agency and the demand for legislation, the proper committees has, for instance, a 5-year plan which specifically could provide the people with a comprehensive defines what could be done on the first year, the demand-driven plan that is feasible and fundable second year, and every year thereafter until the before the 2016 elections. problem of flooding is eliminated. He lamented that instead of developmental plans, the concerned Senator Legarda assured Senator Cayetano (A) agencies merely provide political plans which result that her committee would pursue the matter as one only in so-called band-aid solutions. He urged the of its priorities. She said that she was more than proper Senate committees to evaluate and analyze willing to work with him and with all concerned in all the statistics, perhaps with a legitimate nongovern­ working out the economic cost and the human face ment agency, a foreign government, or with JlCA, of tlooding and traffic in Metro Manila. and learn about comprehensive planning. On a related matter, Senator Cayetano (A) Senator Cayetano (A) said that while he pointed out that despite the construction of the West recognizes the efforts of the past administrations to Manggahan Road dike, one area remains flooded address climate change, there is a need for a because as he found out upon inspection, the height comprehensive plan that is as resilient, where funding of the dike in Barangay Napindan was low, enough is simply adjusted and can be carried out at any for residents to cross the dike to fish from the lake. given time. He expressed optimism that with such a He said that the dike gave way after the last two development plan, the legislators would no longer habagat but that the DPWH is still planning to repair depend on pork barrel and the local government units the dike next year, notwithstanding the fact that a would not run to the senators and congressmen to lumpsum in the DPWH budget is allocated for ask for support and funding. possible repairs. He said that the COA does not seem to notice the said appropriation each year. Senator Legarda recalled that DPWH Secretary Rogelio Singson made a brief presentation on flood Senator Cayetano (A) lamented that whenever control but only for Metro Manila, and she agreed the DPWH is asked to make repairs, it would always that the DPWH could be requested to provide a say that there is no fund available and that a request comprehensive plan on flood control that would for the next budget would have to be made. It was include not only Metro Manila but all the cities and in such light, he said, that similarly, in the aftermath municipalities in the country. of typhoon Ondoy, the Senate had to pass a joint r TWEDNESDAY, SEPTEMBER 18, 2013 453

resolution sponsored by Senator Edgardo Angara trained not only to react in times of calamities and appropriating P2 billion for rehabilitation. disasters, but be prepared to respond to the hazards of every barangay to avoid becoming victims of INTERPELLA nON disasters. OF SENATOR EJERCITO Senator Ejercito said that the floods brought Preliminarily, Senator Ejercito commended about by typhoon Ondoy and habagat should be a Senator Legarda for her advocacy and passion for wakeup call for everyone. He narrated that when he environmental issues. He believed that it was an was mayor of San Juan, during the onslaught of opportune time to seriously confront the issue of typhoon Ondoy, they were caught off guard upon climate change in light of the frequency of calamities realizing that almost half of San Juan was submerged that visit the country. in flood. Having only two rubber boats as against 300 distressed calls, he admitted that the local Given the fact that global warming is causing government could not respond immediately due to more intense weather disturbances, calamities and limited manpower and rescue facilities. other environmental disasters at a more frequent rate, Senator Ejercito asked if Senator Legarda In contrast, Senator Ejercito said that during the would support a call for President Aquino to hold a onslaught ofthe southwest monsoon rains (habagat), national disaster preparedness summit to know which most of the LGUs in Metro Manila were more buttons to push in case a calamity happens in the prepared, in fact, San Juan already had 27 rubber country. Senator Legarda stated that to help avert boats aside from the upgrading of all drainages and the adverse impact of disasters, she would propose installation of pumping stations. the idea to Chairman Eduardo D. Del Rosario of the National Disaster Risk Reduction and Management Senator Legarda suggested putting up a require­ Council (NDRRMC) during the Department of ment for areas certified as vulnerable based on National Defense (DND) budget hearing. available data, to be provided with rubber boats and other necessary rescue equipment. Senator Ejercito expressed the need also for the different LGUs to be included in the summit as they Asked by Senator Legarda whether the clean-up are at the forefront when disaster occurs. Senator project was a government or public-private sector Legarda added that aside from DPWH, MMDA, partnership, Senator Ejercito said that the project has DND and NDRRMC, the DOST and the DENR­ not yet started but the informal settlers living along MGB should also be involved to explain geohazard the river have been relocated and actual dredging maps and to determine areas vulnerable to calamities and desiltation of the river have started. He said that as well as heavily populated communities. the San Juan River project will likewise benefit nearby cities, particularly , Manila and To Senator Ejercito's proposition that the . NDRRMC must be strengthened because at present, it seemed to be functioning simply as a monitoring Replicating what Congressman Toby Tiangco of body, Senator Legarda agreed, and she invited Senator did to solve the flooding in Navotas, that is, Ejercito to join the hearings in order to ask questions by installing pumping stations all over the main roads on how to strengthen the NDRRMC in terms, among ofNavotas that would pump out the water to Tullahan others, of rescue equipment and access to advance River, Senator Ejercito said that city government of information from DOST-PAGASA. San Juan also installed similar pumping stations in three flood-prone barangays of San Juan that pump At this point, Senator Legarda stated that under out floodwaters to the San Juan River. the law that created the NDRRMC, every province, city and municipality must have disaster risk reduction Senator Legarda expressed her desire to invite (ORR) officers but because they are not plantilla to the hearing Congressman Tiangco as well as positions, they sometimes act as the municipal or Vice Mayor Arquillano of San Francisco, Camotes city administrator. Thus, she proposed to amend the Island in Cebu, and a city mayor in Metro Manila to NDRRMC law so that a plantilla position would be share their best practices. She agreed with Senator dedicated to a competent DRR officer who shall be Ejercito on the need for a comprehensive flood r 454 WEDNESDAY, SEPTEMBER 18, 2013

control program, whether funded from the OAA or MANIFESTATION OF SENATOR SOTTO from other sources like the JICA funds suggested by Senators Cayetano (Al and Recto. Senator Sotto requested the Secretariat to review an advisory that was released by the Public Relations Regarding the San Juan River that spans about and Information Bureau (PRlBl containing phrases II kilometers, Senator Ejercito affirmed that it would such as "automatic revocation of the media outfits' undergo rehabilitation and that the city government accreditation" which might have been misinterpreted has started relocating the informal settler families by the media as being tantamount to a gag order. He especially those living along the river. pointed out that Senate President Drilon himself had expressed the belief that consultation about such Senator Legarda expressed gladness over the matters should be undertaken before sanctions could news that the cleaning-up project would be supported be implemented. He lauded the Senate President by a private conglomerate. for "tweeting" the clarification that the PRlB advisory was not a gag order but merely a reminder At this point, the Chair stated that a similar on proper decorum when conducting interviews rehabilitation and sanitation activity was undertaken with the senators. He suggested that the Secretariat, on the Iloilo River. Senator Ejercito expressed the the PRlB and the Senate Press hold a dialogue hope that there would be good projects to share and to iron out the issue. exchange through the sisterhood city agreement between San Juan and Iloilo City such as pumping On another matter, Senator Sotto also asked the station projects and upgrading of flood control Secretariat to submit a report concerning an advisory drainages. He commended the Senate President for that was previously released by the PRlB stating that the improvements made on the Iloilo River which Senator Honasan had withdrawn from the 20 I 3 was once unsightly but has become appealing and elections. has transformed into a tourist attraction.

Senator Legarda said that the rehabilitation of The Chair directed the Senate Secretary to look Iloilo River is a model project which could be emulated into the concerns raised and to submit a report to by other LOUs with river systems in their areas of Senator Cayetano CAl who, in turn, would transmit jurisdiction. the same to Senator Sotto.

Senator Legarda said that aside from Navotas For his part, Senator Cayetano (Al expressed Congressman Toby Tiangco, Mayor John Rey Tiangco willingness to work with the Secretariat to address of Navotas, and Vice Mayor Al Arquiliano from the concerns of the Senate press corps. Cebu, Mayor Lani Cayetano of Taguig City, Mayor Jed Patrick Mabilog of Iloilo City, and Mayor Vincent MANIFESTATION OF SENATOR POE Flores of the Municipality of Oton would also be invited during the committee hearing. She said that As Chair of the Senate Committee on Public such little things put together - supporting the Information and Mass Media, Senator Poe said that conduct of a national risk reduction summit, being she shared the sentiments of Senators Escudero and oriented with the flood control program of DPWH Sotto on allowing the Senate media access to and other institutions tasked to manage floods, and information and interaction with the Members of the being allocated the necessary funds from Congress ~ institution. She expressed belief in the importance would ultimately prevent flooding in towns and cities. of maintaining proper decorum during interviews but also advocated an open system of enabling the media REFERRAL OF SPEECH to perform their task of delivering the news. She TO COMMITTEES pointed out that such system has been the practice since the Philippine Senate opened in 1987 and was Upon motion of Senator Cayetano CAl, there a fitting homage to the basic civil liberties enshrined being no objection, the speech of Senator Legarda in the Constitution. and the interpellations thereon were referred to the Committee on Climate Change as the primary MANIFESTATION OF SENATOR LEGARDA committee, and to the Committee on Public Works as the secondary committee. For her part, Senator Legarda said that she TWEDNESDAY, SEPTEMBER 18, 2013 455

concurred with the observations and proposals of adjourned until three o'clock In the afternoon of Senators Sotto and Poe, Monday, September 23, 2013,

SENATE CONFEREES It was 4:25 p,m.

Upon nomination by Senator Cayetano (A), there I hereby certify to the correctness of the being no objection, the Chair designated the following foregoing. to constitute the Senate panel in the Conference Committee on disagreeing provisions of Senate Bill No, 1186 (postponement of the Sangguniang Kabataan elections) and its counterpart House bill: Senator Marcos as chair, and Senators Aquino, Pimentel, Ejercito and Sotto as members, ~ES Secretary of the Senate ADJOURNMENT OF SESSION ~ r f-,./

Upon motion of Senator Cayetano (A), there being no objection, the Chair declared the session Approved on September 23, 2013