REPUBLIC OF THE PHILIPPINES enate Pasay City J a SESSION NO. 52 Wednesday, February 6,2008 FOURTEENTHCONGRESS FIRST REGULAR SESSION SESSION NO. 52 Wednesday, February 6,2008 CALL TO ORDER Angara, E. J. Gordon, R. J. Aquino 111, B. S. C. Honasan, G. R. At 3:25 pm., the Senate President, Hon. Manny Arroyo, J. P. Lacson, P. M. B. Villar, called the session to order. Biazon, R. G. Lapid, M. L. M. Defensor Santiago, M Pangilinan, F. N. PRAYER Ejercito Estrada, J. Revilla Jr., R. B. Enrile, J. P. Villar, M. Sen. Miriam Defensor Santiago led the prayer, Escudero, F. J. G. Zubiri, J. M. F. reading God Means Us To Be Happy, to wit: With 16 senators present, the Chair declared the God means us to he happy; presence of a quorum. He fills the short-lived years With loving tender mercies, Senators Cayetano (A) and Legarda arrived With smiles as well as tears. after the roll call. Flowers blossom by the pathway Or, withering, they shed Senators Cayetano (P), Madrigal and Roxas Their sweetest fragrance over were on official mission. The bosoms of our dead. God filled the earth with beauty; Senator Pimentel was on official mission abroad. He touched the hills with light; He crowned the waving forest Senator Trillanes was unable to attend the session. With living verdure bright. APPROVAL OF THE JOURNAL He taught the bird to carol, He gave the wind its voice; Upon motion of Senator Pangilinan, there being And to the smallest insect Its moment to rejoice. no objection, the Body dispensed with the reading of the Journal of Session No. 51 and considered it What life hath not its blessing? approved. Who bath not songs to sing Or grateful words to utter REFERENCE OF BUSINESS Or wealth of love to bring? No way is dark and dreary The Secretary of the Senate read the following If God be with us there; matters and the Chair made the corresponding No danger can befall us referrals: When sheltered by His care. Amen. RESOLUTIONS ROLL CALL Proposed Senate Resolution No. 293, entitled Upon direction of the Chair, the Secretary of the RESOLUTION DIRECTING THE PROPER Senate, Emma Lirio-Reyes, called the roll, to which SENATE COmEETO CONDUCT the following senators responded: AN INQUIRY, IN AID OF LEGISLA- pk 358 WEDNESDAY. FEBRUARY 6.2008 TION, ON THE ALLEGED IMPACT TO CONDUCT A JOINT INQUIRY, OF THE WORSENING CORRUP- IN AID OF LEGISLATION, INTO TION IN THE PHILIPPINES ON ITS THE EFFORTS OF THE DEPART- ELIGIBILITY FOR UNITED STATES MENT OF HEALTH AND THE ECONOMIC ASSISTANCE LOCAL GOVERNMENT UNITS IN THE PREVENTION OF MATERNAL Introduced by Senator Miriam Defensor AND NEWBORN DEATHS Santiago Introduced by Senator Angara To the Committees on Economic Affairs; and Finance To the Committees on Health and Demo- graphy; and Local Government Proposed Senate Resolution No. 294, entitled ADDITIONAL REFERENCE OF BUSINESS RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT BILLS ON FIRST READING AN INQUIRY, IN AID OF LEGISLA- TION, ON THE RAMPANT TRAF- Senate Bill No. 2056, entitled FICKING OF HUMAN ORGANS AN ACT PROVIDING A FRAMEWORK Introduced by Senator Miriam Defensor FOR THE TRANSFER OF SCIENCE Santiago AND TECHNOLOGY AND THE PRACTICE OF PROFESSIONS IN To the Committee on Health and THE PHILIPPINES BY OVERSEAS Demography FILIPINO PROFESSIONALS Proposed Senate Resolution No. 295, entitled Introduced by Senator Manny Villar RESOLUTION DIRECTING THE SENATE To the Committees on Science and Tech- COMMITTEE ON PUBLIC ORDER nology; and Labor, Employment and Human AND ILLEGAL DRUGS TO Resources Development CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE COLD ACKNOWLEDGMENT BLOODED MURDER OF FORMER OF THE PRESENCE OF GUESTS MAYOR REY YAP OF SAPANG DALAGA, MISAMIS OCCIDENTAL Senator Pangilinan acknowledged the presence AND THE INJURING OF TWO of 30 student-members of the Historical Society of CIVILIANS IN THE COURSE OF Sienna College, Quezon City, who were accompanied SHOOTING INSIDE MANILA by Mr. Ben Atienza. REGIONAL TRIAL COURT Senate President Villar welcomed the guests to the Senate. Introduced by Senator Jinggoy Ejercito Estrada QUESTION OF PRIVILEGE OF SENATOR AQUINO To the Committees on Justice and Human Rights; and Public Order and Illegal Drugs Rising lo a question of personal and collective privilege, Senator Aquino delivered the following Proposed Senate Resolution No. 296, entitled speech: RESOLUTION DIRECTING THE SFNATE Yesterday, this government committed its COMMITTEE ON HEALTH AND most brazen act of impunity against this DEMOGRAPHY AND THE COM- honorable institution, against one of its citizens and his distraught family. MITTEE ON LOCAL GOVERNMENT hf I" WEDNESDAY, FEBRUARY 6,2008 359 A key witness at an ongoing investigation As is customary with all of this for whom the Senate has issued a warrant administration’s attempts to explain its actions, of arrest has disappeared. I do not personally these developments have only raised more hiow Rodolfo Noel Lozada Jr. I have never questions, If SP04 Valeroso does not exist, then met him or even spoken to him in my life. where did Angel Atutubo got his name when he For all I know, he could resurface one of made the announcement yesterday? If SP04 these days and say he was never kidnapped. Valeroso does not exist, then who was the police What I do know is this: At about two o’clock officer who took custody of Mr. Lozada at the yesterday afteinoon, two hours prior to airport yesterday afternoon’? By whose authority Mr. Lozada’s arrival at the Ninoy Aqnino Inter- and on what ground was he given access to the national Airport (NAIA), a person in contact airport tarmac’? By whose authority and on what with him informed me that he was on his ground did the PNP take Mr. Lozada into their way home to Manila from Hong Kong. We custody? If Mr. Lozada had indeed asked the relayed this information to the Office of the PNP for protection, how does one explain the Senate Sergeant-at-Arms (OSAA) to give them sheer confusion, terror and panic in the voices the opportunity to serve Mr. Lozada his warrant of his family members as they appealed to of arrest. Together with the members of the “please return him whoever is holding him Office of the Senate Sergeant-at-Arms, we made now.” If Mr. Lozada is indeed in the custody our way to the airport at about 3:30 in the of his family, why have they filed for a writ of afternoon. We wanted to help forestall any habeas corpu.~with the Supreme Court saying untoward incident that might keep the Senate that the “blatant illegal restraint of petitioner froin doing its job. is .,. still causing the continuous violation of his right to life, liberty and security without due Mr. Lozada arrived in Manila via Cathay process of law”? Pacific Flight 919 at 4:40 yesterday afternoon. However, soinewhere between the plane and the I cannot think of any other explanation for tarmac, and proceeding to the arrival section Mr. Atutubo and the PNP’s prolonged period of where members of his family, the Office of the silence other than that those hours were used to Sergeant-at-Arms, and the media were awaiting concoct what appears to be a badly written his arrival, Mr. Lozada mysteriously disappeared. official story on the fate of MI. Lozada. Soon afier this, news reports began to circulate A key witness in an ongoing Senate invest- that Mr. Lozada was “met by unknown persons igation has gone missing. He has apparently as he emerged from the plane” and reportedly been denied his freedom without any lawful “taken down through a side exit of the tunnel reason and his family is beside itself with worry. that connects the plane and the passengers’ arrival area arid whisked into a vehicle parked Today, I fear that Mr. Lozada and his family right at the tarmac.” Soon after this, members of may go the way of other witnesses, like Vidal Mr. Lozada’s family began to appeal for his safe Doble, who were placed under duress and and immediate return. After this, I was informed threatened with physical harm in order to get by Colonel Dimacali of the Office of the Senate them to maintain their silence. Sergeant-at-Arms that Arthur Lozada received a text message from his brother saying he was The issue at hand is not whether Mr. Lozada accosted at the airport and taken somewhere was taken against his will or not by the PNP. “out of town.” The issue at hand is that the PNP has no legal authority to continue to keep him in its custody. Despite this, not a single word of explana- To continue to do so constitutes a direct affront tion was offered by any official of the NAIA to the Senate’s power to enforce its institutional for this apparent breach of airport security authority. procedures. It took NAIA Assistant General Manager for Security and Emergency Services In many cases, the highest tribunal of this Angel Atutubo five hours to announce that land has consistently affirmed the power of this it was not he who took Lozada but a certain institution to hold in contempt those who SP04 Roger Valeroso. It took the Philippine blatantly defy its lawful order. National Police over 12 hours to announce Will the Senate stand by idly and await that personnel from their Police Security further developments on the fate of Mr. Lozada? Protection Office had taken Mr. Lozada into custody. Ne also announced that there was When my father was murdered on the tarmac no person nained Roger Valeroso in the ranks of the Manila International Airport 25 years ago, of the PNP.