.. REPUBLIC OF THE PHILIPPINES Senate Pasay City

ournal

SESSION NO. 32 Wednesday, November 7,2007

FOURTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 32 Wednesday, November 7,2007

CALL TO ORDER Senators Defensor Santiago and Pimentel were on official mission abroad. At 3:02 p,m,, the Senate President, Hon. Manny Villar, called the session to order. Senator Trillanes was unable to attend the session. PRAYER APPROVAL OF THE JOURNAL The Body observed a minute of silent prayer. Upon motion of Senator Pangilinan, there being no objection, the Body dispensed with the reading SUSPENSION OF SESSION of the Journal of Session No. 31 and considered it Upon motion of Senator Pangilinan, the session approved. was suspended. PRWILEGE SPEECH OF SENATOR ARROYO It was 3:03 pm Availing himself of the privilege hour, Senator Arroyo stated that he has filed Proposed Senate RESUMPTION OF SESSION Resolution No. 192 which expresses the concern of the Senate that the number of Filipino cardinals is At 3:OS p.m., the session was resumed. grossly disproportionateto the huge Catholic popula- tion of the Philippines, being the second country in ROLL CALL the world, next to Brazil, with the biggest number of Catholics. He stated that the Vatican has just sent Upon direction of the Chair, the Secretary of Archbishop Edward Joseph Adams, an American, as the Senate, Emma Lirio-Reyes, called the roll, to the new Papal Nuncio to the Philippines. which the following senators responded Senator Arroyo cited the following facts that Aquino III, B. S. C. Lacson, P. M. prompted him to file the resolution: Arroyo, J. P. Lapid, M. L. M. Cayetano, A. P. C. S. Legarda, L. Catholic Population and the Number of Ejercito Estrada, J. Pangilinan, F. N. Cardinals in Countries with the Largest Gordon, R. J. Villar, M. Number of Catholics: Honasan, G. B. Country Catholic Number of Popularion Cardinals With 11 senators present, the Chair declared the 1. Bd 147 million 8 presence of a quorum. 2. Philippines 73 million 3 3. United States 63 million 13 Senators Angara, Biazon, Cayetano (P), Enrile, 4. Italy 57 million 38 Escudero, Madrigal, Revilla, Roxas and Zubiri arrived S. France 45 million 7#8 after the roll call. 6. Spain 39 million 652 WEDNESDAY, NOVEMBER 7,2007

Asian Countries with the Largest Number of Senate Bill No. 1817. entitled Cardinals and Their Corresponding Catholic Population: AN ACT INCREASING THE PENALTIES 1. Philippines 73 million 3 FOR CHILD PROSTlTUTION, SEXUAL 2. India 16 million 5 ABUSE AND CHILD TRAFFICKING, 3. Japan 505,000 2 AMENDING FOR THE PURPOSE 4. Taiwan 305,000 1 SECTIONS 5,6,7, AND 8 OF REPUBLIC 5. Thailand 273,000 1 ACT NO. 7610, AS AMENDED,OTHER- WISE KNOWN AS THE SPECIAL Senator Arroyo believed that the arrival of PROTECTION OF CHILDREN the new Papal Nuncio is the opportune time to raise AGAINST CHILD ABUSE, EXPLOIT- this concern about the lopsided representation of ATION AND DISCRIMINATION 73 million Filipino Catholics. He hoped that the Body ACT, AND FOR OTHER PURPOSES would support the thrust of the resolution. Introduced by Senator Manny Villar Senator Arroyo noted that the Philippines is the only country that does not tax church properties and To the Committee on Youth, Women and income. Family Relations

REFERENCE OF BUSINESS Senate Bill No. 1818, entitled

The Secretary of the Senate read the following AN ACT CREATING THE BICOL matters and the Chair made the corresponding POWER GRID TO ENSURE THE referrals: GRANT OF EQUITABLE PRE- FERENTIAL BENEFITS TO REGIONS BILLS ON FIRST READING HOSTING RELLULE AND CHEAP GEOTHERMAL POWER AND FOR Senate Bill No. 1815, entitled OTHER PURPOSES

AN ACT CREATING A CENTER FOR Introduced by Senator Gregono B. Honasan II BREAST CANCER CONTROL AND PREVENTION To the Committees on Energy; and Finance

Introduced by Senator Manuy Villar Senate Bill No. 1819, entitled

To the Committees on Health and Demo- AN ACT PROVIDING FOR A DEVISE graphy; Local Government; and Finance TO MITIGATE THE IMPACT OF THE REFORMED VALUE ADDED Senate Bill No. 1816, entitled TAX (RVAT) TO THE PRICE OF BASIC COMMODITIES BY WAY OF AN ACT PROFESSIONALIZING LOCAL ADOPTING A SCHEME TO DIVIDE PUBLIC SECTOR MANAGEMENT THE PAYMENT OF VAT BETWEEN MANDATING ELECTED LOCAL THE SELLER AND BUYER, AMEND- CHIEF EXECUTIVES TO TAKE A ING FOR THE PURPOSE CERTAIN TWO-WEEK INTENSIVE LEADER- PROVISIONS OF REPUBLIC ACT SHIP AND GOVERNANCE COURSE NO. 9337 OTHERWISE KNOWN AS THEREFOR AND FOR OTHER AN ACT AMENDING SECTIONS 27, PURPOSES 28,34,106, 107,108, 109,110, 111,112, 113, 114, 115, 116, 117, 119, 121, 148, Introduced by Senator Manny Villar 151, 236, 237 AND 288 OF THE NATIONAL INTERNAL REVENUE To the Committees on Local Government; CODE OF 1997, AS AMENDED, AND and Finance FOR OTHER PURPOSES “P WEDNESDAY. NOVEMBER 7.2007 652

Introduced by Senator Gregorio B. Honasan 11 KNOWN AS ‘TEPNP REFORM AND REORGANIZATION ACT OF 1998” To the Committee on Ways and Means Introduced by Senator Benign0 S. Aquino III Senate Bill No. 1820, entitled To the Committees on Local Government; AN ACT PROVIDING FOR COMPRE- and Public Order and Illegal Drugs HENSIVE TRANSPORTATION SECURITY PROGRAM, CREATING Proposed Senate Resolution No. 191, entitled FOR THE PURPOSE THE PHILIP- PINE TRANSPORTATION SECURITY RESOLUTION ADOPTING THE ALBAY ADMINISTRTATION (PTSA), DEFIN- DECLARATION ON CLIMATE ING ITS POWERS AND FUNCTIONS CHANGE ADAPTATION AS A AND APPROPRIATING FUNDS FRAMEWORK FOR THE MAIN- THEREFOR STREAMING OF GLQBAL WARMING CONCERNS INTO THE NATIONAL Introduced by Senator Gregorio B. Honasan II AND LOCAL PLANNING, ACCOUNT- ING AND BUDGETING SYSTEMS To the Committees on Public Services; AND TO SUPPORT LOCAL GOVERN- Civil Service and Government Reorganization; MENT, PRIVATE AND CIVIL and Finance SOCIETY INITIATIVES FOR CLIMATE CHANGE ADAPTATION Senate Bill No. 1821, entitled Intruduced by Senator Gregorio B. Honasan II AN ACT TO FURTHER PROMOTE THE DEVELOPMENT, UTILIZATION To the Committees on Environment and AND COMMERCIALIZATION OF Natural Resources; and Local Government RENEWABLE ENERGY RESOURCES AND FOR OTHER PURPOSES ADDITIONAL REFERENCE OF BUSINESS

Introduced by Senator Mannel “Lito” M. BILL1 ON FIRST READING Lapid Senate Bill No. 1822, entitled To the Committees on Energy; Public Services; and Ways and Means AN ACT PROVIDING FOR A REVISED VETERINARY QUARANTINE ACT RESOLUTIONS OF 2007

Proposed Senate Resolution No. 190, entitled Introduced by Senator Francis “Chiz” G. Escudero RESOLUTION DIRECTING THE COM- MITTEE ON LOCAL GOVERNMENT To the Committees on Agriculture and TO INVESTIGATE, IN AID OF Food; and Finance LEGISLATION, THE EXERCISE AND IMPLEMENTATON OF THE POWERS RESOLUTION OF LOCAL CHIEF EXECUTIVES UNDER REPUBLIC ACT NO. 7160 Proposed Senate Resolution No. 192, entitled OTHERWISE KNOWN AS THE “LOCAL GOVERNMENT CODE OF RESOLUTION EXPRESSING THE 1991” IN RELATION TO REPUBLIC CONCERN OF THE SENATE THAT ACT 6975 KNOWN AS THE “PHILIP- THE NUMBER OF FILIPINO CAR- PINE NATIONAL POLICE (PNP) DINALS IS GROSSLY DISPROPOR- LAW” AND REPUBLIC ACT 8551 TIONATE TO THE HUGE CATHOLIC & 654 WEDNESDAY, NOVEMBER 7,2007

POPULATION OF THE PHILIPPWES, inclusion in the agenda of the 118Ih Assembly to BEING THE SECOND COUNTRY IN be held in Capetown, South Africa on April 2008. THE WORLD WITH THE BIGGEST Under the Rule of the IPU Assembly (Rule 11.2, NUMBER OF CATHOLICS (cf Sfatufes, Art. 14.2), any Member of the Union may request the inclusion of an emergency item in the Assembly agenda. Introduced by Senator Arroyo Consideration and acceptance by the Assembly of a request for the inclusion of an emergency To the Committee on Rules item in its agenda shall be subject to the following provisions: (a) A request for the COMMUNICATION inclusion of an emergency item must relate to a major event of international concern on which it Letter from Assistant Governor and General appears necessary for the IPU to express its Counsel Juan de Zuiiiga Jr. of the Bangko opinion. Such a request must receive a two- Sentrul ng Pilipinas, dated 23 October 2007, thirds majority of the votes cast in order to be furnishing the Senate with certified copies of accepted; and @) The Assembly may place only BSP Circular Nos. 585 and 586, series of 2007, one emergency item on its agenda. Should dated 15 and 16 October 2006, respectively, in several requests obtain the requisite majority, compliance with Section 15(a) of Republic Act the one having received the largest number of positive votes shall be accepted. The debate on No. 7653 (The New Central Bank Act). any possible emergency item will be held in plenary by the Assembly. To the Committees on banks, Financial Institutions and Currencies The Assembly had before it a consolidated request for the inclusion of an emergency REPORT OF SENATOR LEGARDA item submitted by the delegations of Iran and Bahrain on behalf of the Arab Group entitled Senator Legarda rendered a report on the results “Supporting Iraq’s independence, sovereignty and territorial integrity,” and a request of the 117” IF’U Assembly in which she, Senate submitted by the delegation of Indonesia President Villar, Senators Alan and Pia Cayetano, entitled “The urgent need to immediately stop and Senator Pimentel participated, to wit: the widespread human rights violations and to resfore the democratic rights of the people of On 08 October 2007, the 117Ih Assembly Myanmar.” of the Inter-Parliamentaty Union commenced its proceedings at the Geneva International The debate on the emergency item took Conference Centre. Delegations of parliaments place in the afternoon of Monday, 8 October. from 125 countries took part & the work of the The meeting was chaired in turn by the President 117Ih Assembly. The 117Ih Assembly ran from and the Vice-president of the Assembly. A total October 8-10,2007. The IPU is the international of 3 1 speakers from 29 parliamentary delegations organization of parliaments of sovereign states. and one observer took part in the debate. On It was established in 1889 as the focal point for behalf the Philippine delegation, I spoke ahont worldwide parliamentary dialogue and works for the Philippines’ fervent desire to have the peace and cooperation among peoples and for the Myanmar issue adopted as the emergency item. firm establishment of representative democracy. I underscored the need for the establishment of the ASEAN Human Rights Commission, a Opening of the Assembly proposal which has been embodied in a Draft Agreement for the Establishment of the ASEAN The 117”’ Assembly was opened hy the Human Rights Commission submitted by senior President of the IPU, Mr. Pier Ferdmando Casini, parliamentarians of officials from the ASEAN in currently a member of the Italian Parliament, and the year 2000. This accord creates a regional was subsequently elected president of the human rights body with monitoring, promotional Assembly. and recommendatory powers. I expressed my view that had this Commission been approved at Adoption of the Myanmar Issue the time it was proposed in 2000, atrocities QS the Emergency Item committed against the monks and civilians in for the 118“’ Assembly Myanmar (Burma) or in any ASEAN country that Next in the agenda was the discussions and commits human rights violations could have debate for the choice of an emergency item for been addressed, if not prevented. p P WEDNESDAY. NOVEMBER 7.2007 655

After a vote, the proposal submitted by format of the panels was largely informal. During the delegation of Indonesia was adopted and the panels, IPU Members had the opportunity to added to the agenda of the 11 IPU Assembly provide comments and suggestions on the as Item 6. preliminary draft reports prepared by the co- rapporteurs for distribution to delegates ahead The Assembly referred the item to a drafting of the 117‘h Assembly. There will be no formal committee composed of members of the delega- outcome of the panels apart from a record of tions of Canada, Chile, China, India, Indonesia, their proceedings. Japan, Kenya, Netherlands, Philippines, United Kingdom, United Republic of Tanzania, Uruguay Panel Discussion: The role of parliaments and Zambia. The drafting committee appointed in striking a balance between national security, Mr. J. P. Letelier (Chile) as its president and human security and individnal freedoms, Mr. M. Darusman (Indonesia) as rapporteur. and in averting the threat to democracy It met on Tuesday, 9 October, in the morning and prepared the draft resolution. The draft In accordance with this format, a panel resolution was adopted unanimously by the discussion took place in the morning of 9 Assembly on Wednesday, 10 October. October 2007, on the First Standing Committee subject item at 1lFh Assembly: The roZe of Debates and Decisions of the Assembly parliaments in striking a balance between national security, human security and indivi- As part of the overall decision on the dual freedoms, and in averting the threat to consolidation of the reform of the IPU, the 180th democracy (Item 3(a). It was chaired by Mr. T. session of the Governing Council, held in Nusa Boa, President of the Standing Committee on Peace Dua, Bali, Indonesia, in May 2007, decided that, and International Security. The co-rapporteurs of on a trial basis, the three Standing Committees the above-mentioned item, Ms. H. Mgabadeli would not meet during the second Assembly of (South Africa), Mr. L. M. Suklabaidya (India) and the year. Mr. M. Pritchard, speaking on behalf of Lord Instead, a panel discussion was held on Morris (United Kingdom, who was unable to be each of the three subject items placed on the present for health reasons), informed participants agenda of the 118“’ Assembly to he held in of progress made in the preparation of their South Africa. The purpose of this exercise is, on reports on the item. Participants also heard the one hand, to raise the awareness of IPU keynote presentation from M. Scheinin, United Members of the subjects at hand and, on the Nations Special Rapporteur on the promotion other, to facilitate the task of the co-rapporteurs and protection of human rights and fundamental by providing them with an intermediary check- freedoms while countering terrorism, and Mr. C. point halFway through the drafting process, Cordone of Amnesty International. They briefed so that they could fine-tune their concepts in participants on the interplay between security the light of comments by experts and the IPU and individual freedoms and identified action membership. that parliaments and parliamentarians should take to guarantee respect for human rights in (Under the Assembly’s Rules, (R.15.1,3) parallel with ensuring the national security. the Assembly shall start by holding a Twenty-two delegates also took the floor to General Debate with an overall theme. address those issues. I manifested my intention During this General Debate, members may also address the political, economic, and to take part in the discussion, hut due to the lack social situation in the world. This debate of time, I was asked to submit my input instead shall not give rise to the adoption of a to the rapporteurs for their consideration. morion or draft resolution. The three subject The topic for discussion is of special items placed by the Assembly on its agenda shall be debated by the conzpelent Standing interest to me in the light of the increasing role Committees each of which shall prepare a of members of the legislature to ensure that such reporl aad a dr@i resolution for consider- balance is kept and respected. The fundamental ation by the Assembly) principle of our republic enshrined in our Constitution is that “all government authority Each panel discussion lasted approximately emanates from the people.” The philosophical two hours. In addition to the co-rapporteurs basis for this is the “social contract” between designated for the 118th Assembly, each panel the governor and the governed declaring that will include a number of renowned experts, to be the governors are mere “representatives” of the identified by the IPU Secretariat in consultation governed and that the rights of the governed are with relevant international organizations. The paramount. Parliaments all around the world are ,#’ 656 WEDNESDAY, NOVEMBER I,2007

supposed to be underpinned by this basic provide the “enabling environment” for econo- principle. Thus, as we legislators craft laws, we mic and other activities to prosper. Absent order, are clearly aware that the individual is the individual rights will find no meaning. fulcrum of all our attempts to bring about the good life. In many cases, however, Realpolitik The many issues of human trafficking, tells us that there is a delicate balance that must migration, transnational crimes and extremism of be reached between preserving the life of the religious and non-religious kind are all central to state, the collective that is established to ensure our work as legislators. Here, we realize that the the rights of every individual and protecting the work has to be done “beyond the nation state.” rights of the individual. Here, we also realize that the only platform which may ensure success in confronting these This delicate balance is oftentimes, however, challenges is cooperation. not reached as in some cases, the right of the state to preserve itself becomes paramount. The work of the IPU is, indeed, central to This issue has been brought forth more clearly these undertakings because IPU enables legis- with the passing of the Human Security Act lators around the world to continue these con- (HSA) by the Philippine legislature. This law has versations and to collectively craft a framework generated many fears that the state has intruded to enable each individual in any part of the world into the basic rights of the individual to speech, to be secure and to achieve the good life. to peaceful assembly and other fundamental freedoms ostensibly protected by the liberal Panel Discussion: Parliarnenmy oversight democratic framework of our political system. of State policies on foreign aid Does this mean, therefore, that national security A panel discussion on the Second Standing has a higher premium than human security? Committee subject item at 118” Assembly: In the light of the extraordinary situation Parliamentary oversight of State policies on that we are in following the events of September foreign aid took place in the morning of 9 2007. IF’U 11, 2001, it may be imperative for the state to October It provided an opporiunity for ensure order in society absent which the members to deepen their understanding of the individual cannot be “secure.” Thus, the tension subject item to be debated in South Africa. It that most people see between the state and the also provided the co-rapporteurs Mr. F. - X. de individual has no basis because the security of Donnea (Belgium) and Mr. E. Quenum (Benin), the state cannot be preserved at the expense of with a midpoint review of the drafting process. the security of the individual. They are symbiotic The panel included two non-paliamentary or interdependent. National security is human experts: Mr. C. Gore of UNCTAD Secretariat security. The individual can no more be secure and Mr. M. Halle of the International Institute if the state itself is in peril. for Sustainable Development. Following intro- ductory statements by the panelists, a lively The role of legislatureslparlianients in exchange of views took place, with a total of 26 ensuring this delicate balance is crucial. Every delegates taking the floor. The debate focused piece of legislation that we act on must weigh in on quality and quantity of foreign aid and on the most seriously the right of the state to preserve respective roles of parliamentarians of donor and itself for the individual freedoms to flourish. recipient countries in overseeing aid flows. After all, it is the state which is the primary protector of the individual’s rights. I spoke as a member of the Philippine dele- gation to emphasize that foreign aid, if properly As we confront the major challenges of the used, can greatly help in the development of a 2lSt century, all the more do we see the central nation. Improperly used, it can be couuter- role that legislatures/parliamentsplay in ensuring productive and result in social injustice and the preservation of the state to preserve the unrest, The people expect parliament, as the individual’s rights. This issue becomes central to body of elected representatives entrusted with the continuing debate about whether political policy formulation and oversight, to see to it that development should come first before economic state policies on foreign aid result in the development. While the most desirable state is effective and efficient delivery of public services that they should occur at the same time, in many and in the granting of assistance to needy cases, economic activities or activities to sectors, among others. More importantly, the increase goods and services to bring about a people want parliament to ensure that foreign aid higher quality of life for each individual cannot goes lo the noble purposes for which they are happen in a state where there exists no order. intended, and not to the greedy hands of corrupt After all, it is only an orderly society that will officials and their accomplices.# I“ WEDNESDAY, NOVEMBER I, 2007 657

In the Philippines, as of 3 1 December 2006, monitoring the quantity and quality total Official Development Assistance (ODA) of aid and its effectiveness on the loans reached US$9.5 billion for 141 active loans, ground.” (67, “Parliamentary Oversight composed of 135 project loans supporting 123 of State Policies on Foreign Aid”). projects, and six program loans. Project loans ‘The IPU mnst work with the United accounted for 86 percent or US$8.2 billion of the Nations specialized services, in parti- portfolio, while program loans, 14 percent or cular UNDP, and with any other multi- US$1.3 billion (Outcome of the 15Ih ODA Port- lateral or bilateral donor wishing to folio Review - 2006). For a developing country reinforce the parliamentary institutions like the Philippines, this is a considerable amount in countries receiving ODA..” (69, that if properly used can truly help the people. “Parliamentary Oversight of Slate Under Philippine laws (RA 8182, as amended by Policies on Foreign Aid”) RA 8555 or “The ODA Act of 1996”), the national planning agency [National Economic Parliamentary oversight of state policies on and Development Authority (NEDA)], is man- foreign aid and its implementation thereof is not dated to conduct annual reviews of the status of only mandatory. It is critical for a nation’s implementation of all projects financed through growth. Thus, parliamentarians should rise to ODA and identify causes of delays, reasons for this challenge not only by facing it, but also by bottlenecks, cost overruns (both actual and acquiring the necessary competencies and skills prospective), and continued project viability. to do the job well.

The Philippine Senate and Congress, after Panel Discussion: Migrant workers, iraf$cking coming out with legislation on foreign aid, still in persons, xenophobia and human rights needs to ensure that policies are indeed carried out in the spirit for which they were formulated. A panel discussion took place in the It must also see to it that these policies are afternoon of 9 October 2007 on the Third sufficient for, and consistent with, the ever- Standing Committee subject item at 118‘h changing demands of the nation. Assembly: Migrant workers, trufBcking in persons, xenophobia and human rights. It was It is in this context that I agree with the chaired by Mr. E. Rodriguez Zavaleta (Peru), conclusions and recommendations contained in President of the Standing Committee on Demo- the draft report “Parliamentary Oversight of State cracy and Human Rights. The co-rapporteurs Policies on Foreign Aid” of the 1 17Ih Assembly of the above-mentioned item, Mr. A. Dismore of the Inter-Parliamentary Union. The report (United Kingdom) and Mr. C. Camacho (Mexico), states, among other things, that: informed participants of progress made in the preparation of their report and draft resolution. “...any aid architecture requires Participants also heard keynote presentations mechanisms of accountability and over- from Ms. R. Pnttonen of the United Nations sight. Parliaments have a fundamental Office on Drugs and Crime (UNODC) and Ms. J. role to play in this respect.” (53, “Parlia- Redpath of the International Organization for mentary Oversight of State Policies on Migration (IOM). They briefed participants on Foreign Aid”) the current state of play with regard to migration “In seeking to improve governance in and human trafficking and identified action that developing countries, donors have parliaments and parliamentarians should take to tended to work primarily with the execu- improve the lives of migrant workers and stamp tive or with civil society organizations. out the scourge of human trafficking. Some 30 This is beginning to change as donors delegates also took the floor to address those increasingly recognize that parliaments issues. Due to time constraints, I was requested , ., can have an important role to play in to submit my input to the rapporteurs for their delivering governance which is effective consideration. both in reducing poverty and streng- I was particularly interested to take part thening democracy.” (54, “Parliamentary in the discussion as a representative of our Oversight of State Policies on Foreign country that is a major source of workers for Aid”) work overseas. While we have enacted an Anti- “The parliaments of donor and bene- Trafficking in Persons Act three years ago, we ficiary countries should engage in still have to see the lessening of the number of cases of trafficked women and children or of bilateral and multilateral dialogue, k(’ in particular on following up and criminal syndicates brought to justice. There will 658 WEDNESDAY. NOVEMBER 7.2007

only be trafficked persons if there are traffickers. RESOLUTION EXPRESSING THE In a study conducted by Chris de Stoop reveals CONCERN OF THE SENATE THAT that trafficking in Europe most often involved THE NUMBER OF FILIPINO CAR- Asian women. There is a need therefore for DINALS IS GROSSLY DISPROPOR- stronger and more vigilant coordination between TIONATE TO THE HUGE CATHOLIC parliaments to exterminate this social malaise. On POPULATION OF THE PHILIPPINES, labor migration, the Philippines, being a major country of origin for migrant workers, recently BEING THE SECOND COUNTRY IN ratified two international agreements to enhance THE WORLD WITH THE BIGGEST cooperation for the protection of rights and NUMBER OF CATHOLICS. promotion of welfare of overseas Filipino workers - the ILO Convention No. 97, which covers the Following is the fir11 text of the resolution: conditions governing the orderly recruitment of migrant workers, and ILO Convention No. 143, WHEREAS, hereunder are the Catholic which called for the suppression of illicit and population and the number of cardinals in clandestine trafficking of migrant workers countries with the largest number of Catholics: including the prosecution of perpetrators. Catholic Population, No. of Despite this, we still hear of overseas Filipino ranking worldwide Cardinals workers sexually exploited especially in countries where they have not been adequately briefed on 1. Bmzil 147 million 8 73 million 3 the difference of cultures. There is therefore a 2. Philippines need for the IPU to take stronger action for the 3. U.S.A. 63 million 13 protection of migrant workers thru their 4. Italy 57 million 38 5. France 45 million 7 respective parliaments, thm effective legislation. 6. Spain 39 million 8 A developing country like the Philippines must take advantage of venues like the IPU as an WHEREAS, hereunder are the Asian opportunity to enrich our perspective on world countries with the largest number of cardinals affairs and to widen our knowledge on and their corresponding Catholic population: international concerns that affect our growth and Catholic Population No. of Cardinals development as a nation. International events like the IPU can also serve as a platform to 1. Philippines 73 million 3 promote the Philippines as an epitome of a truly 2. India 16 million 5 representative democracy. 3. Japan ,505 thousand 2 4. Taiwan ,305 thousand 1 5. Thailand ,273 thousand 1 REFERRAL OF REPORT TO COMMITTEE WHEREAS, the Philippines is the second Upon motion of Senator Pangilinan, there being largest country in the world in the number of no objection, the Chair referred the report of Senator Catholics, with 73 million Catholics after Brazil. Legarda to the Committee on Economic Affairs. The U.S. is the third with 63 million, followed by Italy with 57 million, France 45 million and Spain SUSPENSION OF SESSION 39 million; Upon motion of Senator Pangilinan, the session WHEREAS, the Philippines, the second largest Catholic country, has three cardinals; the was suspended. US.,Italy, France and Spain, which have smaller Catholic populations, have more or less triple It was 3:26 p.m. that number of cardinals; RESUMPTION OF SESSION WHEREAS, the Philippines the only Christian country in Asia, and with 73 million At 3:26 p.m,, the session was resumed Catholics, yet we have only 3 cardinals. On the other hand, India with 16 million Catholics has 5 CONSIDERATION OF cardinals more than the Philippines. Japan with PROPOSED SENATE RESOLUTION NO. 192 only 505,000 Catholics has 2 cardinals. Taiwan with 305,000 Catholics has 1 cardinal, so with Upon motion of Senator Pangilinan, there being Thailand with 273,000 Catholics; no objection, the Body considered Proposed Senate _____ Resolution No. 192, entitled * As corrected by Senator Arroyo on November 12, 2007 p P -' WEDNESDAY, NOVEMBER 7,2007 659

WHEREAS, a new Papal Nuncio, in the person of Archbishop Edward Joseph Adams, has just been recently appointed as the Vatican’s envoy to the Philippines; WHEREAS, it is opportune that this concern about the lopsided representation of 73 million Filipino Catholics is conveyed to the proper church authorities: Now, therefore be it RESOLVED BY THE SENATE, To express, as it hereby expresses, the concern of the Senate that the number of Filipino Cardinals is grossly disproportionate to the huge Catholic population of the Philippines, being the second country in the world with the biggest number of Catholics; RESOLVED FURTHER, that this Resolution be forwarded to His Excellency, Archbishop Edward Joseph Adams, Papal Nuncio to the I I I I Philippines and the Catholic Bishops Conference #65 ISudsn I 1 13,833,000(#49) 1 0.OW0261 3,633,000 of the Philippines. Total I I 180 1934,829,000 I I Welghted Average I 2.8 (6,675.921.40 Annex Thereupon, the Chair recognized Senator Arroyo, sponsor of the resolution, and Senator Gordon for his interpellation.

INTERPELLATION OF SENATOR GORDON

Senator Gordon inquired how the Senate could inveigle upon the Catholic Church to appoint more cardinals to the Philippines. Senator Arroyo clarified that the thrust of the resolution is not to find fault with nor demand an explanation from the Church but rather to seek enlightenment from church authorities why the Philippines, having the second largest Catholic population in the world, is ranked No. 14 in terms of cardinalship.

Asked if the situation is indicative of the growing lack of interest in the Church as evidenced by the diminishing number of men entering the priesthood, Senator Arroyo replied that this is a worldwide pheno- menon as he noted that European Catholics do not practice their faith and most of their churches are empty on Sundays and holy days. On the other hand, he pointed out that Filipino Catholics practice their faith more seriously and the churches are full on Sundays and holy days.

As to the assignment of an American as a papal nuncio, Senator Arroyo surmised that the Vatican wanted U.S. Ambassador Kenney to have a counterpart. 16°F 660 WEDNESDAY, NOVEMBER 7.2007

To the observation that Filipino cardinals have to very rich countries, a matter that was exposed on been a little bit more political than spiritual, Senator CNN. Senator Arroyo clarified that the resolution Arroyo reiterated that the resolution simply seeks only aims to be informed why there is a very minimal enlightenment as to why the country has only three number of cardinals in the Philippines. cardinals when it has a very large Catholic population. He acknowledged that the Church’s influence is so At this juncture, with the permission of Senator pervading in Philippine politics that the legislature has Gordon, adverting to the statistical list on the number been reluctant to legislate on sensitive matter like of cardinals per country, Senator Enrile wondered divorce and birth control which are against the how much each country gives to the Vatican treasury. Church’s dogma. However, he said, European He suspected that the number of cardinals could countries like Italy, France and Spain that have large have been based on the amount of money that a Catholic population allow divorce and birth control. country contributed to the Vatican. Senator Arroyo He opined that it is not fair that India with a Catholic replied that it is possible that the number is based on population of 16 million has five cardinals and Japan the fiuancial support to the Vatican of the Catholics with a 500,000 Catholic population has two cardinals, of a country. while the Philippines with a 73 million Catholic population has three cardinals. To the observation that the resolution was tonch- ing on the constitutional issue of separation of Church Senator Arroyo clarified that the resolution would and State - “to render unto Caesar the things that be forwarded to the new Papal Nuncio, Archbishop are Caesar’s and to God the things that are God’s,” Edward Joseph Adams, and to the Catholic Bishops Senator Arroyo replied that the resolution is not Conference of the Philippines and it is up to them demanding an answer but is merely asking questions to enlighten the Senate on the matter. He stressed that the Vatican could choose to answer or ignore. that the resolution seeks information to which the Catholic faithful have a right. Senator Gordon said that issue of the power of the purse is reflective of the importance of the Church To the observation that the Philippines has a dating way back to colonial Philippines when it did number of bishops who are very qualified to become not just basically save souls and spread the Christian cardinals, Senator Arroyo agreed, adding that the faith but spread the walls of the Church as well. talents of many Filipino bishops are being wasted. On the other hand, he lamented that some American Senator Arroyo said that his curiosity was cardinals have been accused of shenanigans and the aroused upon the arrival of the new Papal Nuncio. Church has paid off the complainants. He believed that there is no country other than the Philippines that exempts church properly and church Senator Gordon wondered if the Senate should income from taxes, which means revenue loss to be lobbying for more cardinals given the fact that the government. there are also shenanigans in the Catholic Church in the Phillippines, albeit not as many as those in the Senator Gordon averred that when such questions United States. He stated that it would best for the are raised, the Church becomes a challenged Church Church to come out with more qualitative priests. like in the United States where there are many He doubted if the Senate is the proper forum to court cases against cardinals and bishops. Despite raise the question. Senator Arroyo stressed that it the issues, however, he believed that as a Catholic is the Senate’s duty to ask the Church. He stated nation, the faithful should stick to the faith not that, in fact, the data in the resolution were down- because of the Church’s messengers or shepherds loaded from a website. but because they are part of the entire church system. Thus, he believed that the questions might At this juncture, the Chair acknowledged the better be asked in the pulpits than in the Senate. presence in the gallery of former Senate President and Ambassador Ernesto M Muceda. INTERPELLATION OF SENATOR LACSON

Senator Gordon noted that the Church has spoken Senator Lacson expressed support for the adop- on issues like birth control but has remained silent on tion of the resolution, as he also conveyed his desire the sale of body organs by people from poor countries WEDNESDAY. NOVEMBER 7.2007 661

Asked by Senator Lacson if there is anything in that the resolution does not intend to go that far Canon Law that states that the basis of the number because he has not even obtained the position of the of cardinals in a country is its Catholic population, Papal Nuncio who might either sit on the issue or Senator Arroyo admitted that he did not know the might not even dignify the Senate with an answer. answer, which is why he is seeking explanation from Thus, he said, the Senate is doing the first step by the Church. transmitting the resolution in the hope that it could get intelligent answers. Senator Lacson informed the Body that he just got word from Senator Madrigal, who is very close Senator Biazon suggested that the members take to some bishops, that the Canon Law does not say a closer look at the resolution because it might put in anything about the appointment of cardinals and that question the constitutional principle of separation of actually, it is the sole prerogative of the Pope whom church and State. to appoint. Senator Arroyo reasoned that the constitutional INTERPELLATION OF SENATOR BIAZON provision on the separation of Church and State should not be invoked in the resolution because the Asked by Senator Biazon if the Catholic lay Church, by invoking that its members are also citizens, organizations in the country such as the Couples for had participated in purely political questions. He Christ and Opus Dei have expressed their position believed that if the Church could involve itself in the on the matter, Senator Arroyo replied that they are politics of the country, the government could also get not expected to be at the forefront of an otherwise involved in the politics of the church in the Philippines. delicate issue. That is why, he said, as a senator and as someone already exposed to controversies, he ADOPTION OF PROPOSED took the risk of presenting the issue. SENATE RESOLUTION NO. 192

Asked if the hierarchy of the Catholic Church in Upon motion of Senator Pangilinan, there being the Philippines has made any move to express the no objection, Proposed Senate Resolution No. 192 same concern to the Vatican, Senator Arroyo replied was adopted by the Body. in the negative. He said that precisely, the intent of the resolution is to get answers to the questions. He COAUTHOR believed that unlike the era when it was taboo to ask questions about controversial issues like Rizal’s Noli Upon his request, Senator Lacson was made Me Tangere and El Filibusterismo, there is more coauthor of Proposed Senate Resolution No. 192. freedom to raise questions now that the unedited novels are already taught in Catholic schools. PRIVILEGE SPEECH OF SENATOR ZUBW

Senator Biazon wondered whether the Philip- Availing himself of the privilege hour, Senator pine ambassador to the Vatican has already relayed Zubiri delivered the following speech the concern to the Vatican. Senator Arroyo replied A few weeks ago, Sen. Edgardo Angara that he did not know. Senator Biazon pointed out stood before this august Chamber to look into that India, which is a poor country and has only the infestation of coconut leaf beetles, how 16 million Catholics, has more cardinals than the it started, identify the culpability of our law Philippines. enforcers and government agencies, and how our concerned government agencies are dealing Senator Biazon expressed hope that the Philippine with the situation. If left unchecked, that coconut ambassador to the Vatican and the Catholic lay leaf beetle infestation could threaten the survival organizations in the Philippines would take the lead in of our coconut industry and the lives of our raising the issue to the Vatican. millions of coconut farmers. As a result, the Executive branch acted Asked if the resolution would be scheduled for a swiftly on the issue and hopefully the situation hearing so that the positions of the different Catholic is now under control. That is a solid manifest- lay organizations and the Church hierarchy on the ation where congressional intervention, particu- matter would be ventilated, Senator Arroyo explained larly Senate’s intervention, through our over- le‘ 662 WEDNESDAY, NOVEMBER 7,2007

sight functions and inquiries in aid of legislation, If these corrupt officials and illegal traders has resulted in a positive way and abetted a clear are listening, let me educate them so that they and present danger to our coconut industry. will stop their criminal activities, if there is still dignity and conscience leR to them. And so, I rise on another issue, an issue which is related to coconut beetle infestation The economic costs of environmental and also with far-reaching implications on our degradation of coastal and marine resources are environmental and economic conditions. I refer significant. According to the Philippine Environ- to the smuggling and illegal trade of our corals ment Monitor 2005 on Coastal and Marine and seashells. Today, a news article has appeared Resource Management (PEM 2005), the econo- in several newspapers about the seizure by mic benefits of Philippine coastal resources are Argentine customs of a valuable, five-ton estimated at P180 billion per year. Coral reefs shipment of endangered and protected corals alone contribute about 1.4 percent of GDP or and seashells from the Philippines that was P75.9 billion in 2005 level. It is estimated that destined for the black market in tourist haven one square kilometer of healthy coral reef Mar del Plata in Buenos Aires, Argentina. The generates an estimated P2.5 million from fishing newspaper article said that 1,500 pieces of corals and tourism. The Bureau of Fisheries and and seashells were listed as manufactured goods Aquatic Resources estimates that the country when it arrived at the Buenos Aires port. Imagine has about 26,000 square kilometers of coral reefs. the shock that I got last night while watching CNN, seeing our countrymen selling their human We take pride in the fact that the Philippine organs in an illegal human organ trade. It is a coastal waters contain some of the world's most big embarrassment to our country, and we would diverse ecosystems and its waters are character- like to how what our government agencies are ized by extensive coral reefs, sea grass beds, and doing about this. pristine and beautiful beaches. We have one of the longest coastlines in the world that stretches I strongly condemn this smuggling activity 36,289 kilometers from Batanes to Tawi-Tawi. and illegal trade of our protected flora and fauna The continuing trade of endangered marine and endangered marine resources. This is a clear species such as corals and seashells would violation of our laws, in particular Republic Act result in habitat loss and destruction of our No. 9147 or the Wildlife Resources Conservation coastal biodiversity. This would threaten the and Protection Act, as well as an international livelihood and further aggravate the economic treaty, the Convention on International Trade in conditions of our millions of fisherfolk whose Endangered Species of Wild Fauna and Flora annual household income level is as low as (CITES) to which the Philippines is a signatory. P24,OOO annually. I earlier related this issue to the coconut leaf We must put a stop to these smuggling beetle infestation. The initial theory on how the activities and illegal trade that threaten our coconut leaf beetle arrived in the country was marine biodiversity and cause us huge economic through the importation of royal palms from losses. We must seriously look into this issue Malaysia and Thailand which were infested by and prosecute those found violating our laws. the beetle. It then transferred to the coconut trees I enjoin our distinguished colleagues in this along Roxas Boulevard in Manila and spread to fight, not only against international environ- the other parts of the country. That incident as mental crimes but also crimes against humanity. well as this smuggling and illegal trade of our endangered corals and seashells speaks volumes INTERPELLATION of the irresponsibility and culpability of our OF SENATOR ARROYO quarantine and customs officials. Why does this kmd of crime continue? In reply to Senator Arroyo's query, Senator Zubiri stated that the protection of natural resources Who are the quarantine and customs and the environment has been his advocacy since he officials in cahoots with the illegal traders 'of entered Congress and that, in fact, he was the author these endangered marine resources? of the Wildlife Resources Conservation and Protec- Who is the godfather/protector of these tion Act. He lamented that five tons of coral reefs, corrupt officials? seashells and other endangered marine species were Are these criminals aware of the environ- shipped out of the country and the officials of the mental and economic impacts of their illegal Bureau of Customs and Bureau of Quarantine got trade? away with it. YP WEDNESDAY, NOVEMBER 7,2007 663

Stating that the illegal shipment of marine Senator Arroyo said that the investigation should resources involves a lot of money, Senator Arroyo be conducted by the Executive department because asked whether Senator Zubiri’s advocacy would the Senate does not have the manpower and resources in turn benefit those championing the cause of the to do so. He suggested that the Body adopt measures environment. to regulate the use of boats and ships to stop the smuggling of marine resources. Senator Zubiri replied that the people who would Senator Zubiri believed that similar to what actually benefit are the fisherfolk and millions of the legislative and executive branches did to address Filipinos who rely on marine resources for their food the problem of the coconut leaf beetle infestation and livelihood. He expressed concern that if the in the country, the proper Senate committees could government remains silent on the massive destruction prod the Bureau of Customs, Bureau of Quarantine of coral reefs, there would be no more breeding and International Health Surveillance (BQIHS), the grounds left for the fish. BFAR and DENR to act swiftly on the matter.

Asked if he was suggesting that the government Senator Arroyo recalled that the Senate maintain the status quo, Senator Zubiri replied in the committees have been fulfilling their responsibilities negative, as he clarified that what he was suggesting but the concerned offices and agencies under the is an investigation into the illegal shipment of several Executive branch are not doing anything. tons of marine resources that were confiscated at the port of Buenos Aires in Argentina. He pointed Senator Zubiri maintained that the matter should out that the incident was an embarrassment to the be pushed further in the Senate and at the same time Philippines because it showed the laxity of Philippine drum up public support through media. He expressed ports authorities. concern that the incident, whicb came out only in the Philippine Star and Philippine Daily Inquirer, Senator Arroyo commented that the issue of would soon be forgotten but the destruction and illegal smuggling of marine and other aquatic depletion of the country’s marine resources would resources has been going on for the past ten years. continue and affect the Philippines as an eco-tourism He asked which agency of the government should destination. conduct the investigation. Senator Zubiri replied that the investigation should focus on the officials and In the course of Senator Arroyo’s inter- personnel of the Bureau of Customs and Bureau of pellation, the Senate President relinquished the Quarantine who are responsible for the release of Chair to President Pro Tempore Ejercito Estrada. such resources, and the Bureau of Fisheries and REMARKS OF SENATOR MADRIGAL Aquatic Resources and the DENR which are tasked to preserve and protect the country’s resources and Senator Madrigal revealed that she has been environment. receiving reports on the destruction of marine resources from frustrated NGOs and concerned Senator Arroyo expressed the view that if there citizens. She informed the Body that in the past two are no boats or ships that could be used to ship out weeks, she has been involved in chasing a boat in the items, the smuggling of marine resources in the Tacloban City, Leyte which illegally salvaged a coral country would stop. Senator Zubiri pointed out that reef in order to sell a few million pesos worth of even the harvesting of endangered corals and seashells scrap metal. She said that she reported the matter to is against the law. the DENR but it did nothing so she had to call the Philippine Coast Guard to intercept the shipment in Asked how he intends to curb coral and seashell Cebu. The smuggling of corals and shells, she stated, smuggling in an archipelago like the Philippines, could not be stopped unless the DENR strictly Senator Zubiri replied that he would suggest to the enforced the rules. She added that the DENR should appropriate committee to fmd out fKst which forwarder imprison both the seller and the buyer of sharks, was actually contracted to handle the cargo which manta rays, turtles and napoleon wrasses for they was declared to contain manufactured goods and are in violation of the CITES Treaty. She noted that fmished products, and the vessel which shipped them one napoleon wrasse (mumeng) can fetch $5,000 in to Argentina. the marketKr 664 WEDNESDAY, NOVEMBER 7,2007

Further, Senator Madrigal stated that she has OF CHINA ON OCTOBER 2-11,2007 also received reports from Palawan that although WHEREIN THEY BROUGHT HOME dynamite fishing has been stopped in the area, Coron NINE GOLD MEDALS GIVING OUR has become the leading illegal fishing area with the COUNTRY GREAT PRIDE, HONOR cooperation of the local government. She said that in AND RECOGNITION. Malapascua, Cehu, treasure sharks and manta rays, which are an attraction to foreign divers, can no With the permission of the Body, only the title of longer be found even though it is the time of year the resolution was read without prejudice to the when they are best seen. She pointed out that the insertion of its full text into the Record of the Senate, smuggling of marine resources has greatly affected tourism. ADOPTION OF PROPOSED SENATE RESOLUTION NO. 188 On a related matter, Senator Madrigal said that Senator Trillanes, who is a navy officer, had once Upon motion of Senator Pangilinan, there being stopped the shipment of corals from Ilocos Sur but no objection, Proposed Senate Resolution No. 188 the boat was allowed to leave again. She stressed was adopted by the Body. that this is a major cause for concern. ADJOURNMENT OF SESSION REFERRAL OF SPEECH TO COMMITTEE Upon motion of Senator Pangilinan, there being no objection, the President Pro Tempore declared the There being no other reservation for interpellation, session adjourned until three 0’ clock in the afternoon upon motion of Senator Pangilinan, there being no of Monday, November 12, 2007. objection, the Chair referred the privilege speech of Senator Zubiri and the interpellations thereon to the It was 4:29 pm Committee on Environment and Natural Resources.

PROPOSED SENATE RESOLUTION NO. 188 I hereby certify to the correctness of the foregoing. Upon motion of of Senator Pangilinan, there being no objection, the Body considered Proposed Senate Resolution No. 188, entitled

RESOLUTION COMMENDING THE MEMBERS OF THE PHILIPPINE SPECIAL OLYMPICS TEAM FOR Secretary of the Senatev THEIR SIGNIFICANT AND VICTORI- OUS PARTICIPATION IN THE 2007 SPECIAL OLYMPICS WORLD SUMMER GAMES HELD IN SHANGHAI, PEOPLE’S REPUBLIC Approved on November 12, 2007