REPUBLIC OF THE PHILIPPINES en ee P@myCRy
@assIosNNO. 35 Wednesday, October 11,2006 SESSION NO. 35 Wednesday, October 11,2006
CALL TO ORDER Angara, E. J. Lacson, P. M. Arroyo, J. P. Lapid, M. L. M. At 3:43 p.m., the Senatepresident, Hon. Manny Biazon, R. G. Lim, A. S. Villar, called the session to order. Cayetano, C. P: S. Magsaysay Jr., R. B Defensor Santiago, M. Osmeiia 111, S. R. PRAYER Drilon, F. M. Pangilinan, F. N. Ejercito Estrada; J. Pimentel Jr., A. Q. Sen. Richard J. Gordon led the prayer, to wit: Ejercito Estrada, L. L. P. Recto, R. G. Lord, as this august Chamber gathers Enrile, J. P. Rqxas, M. today, we take a moment to pray for our Flavier, J. M. Villar, M. countrymen who continue to suffer from the Gordon, R. J. lash and ravages of typhoon Milenyo long after the stom has passed, especially in With 21 senators present, the Chair declared the Sorsogon, Quezon, Laguna, Cavite, Albay, presence of a quorum. Legazpi and even in Metro Manila and other Senators Madrigal and Revilla amved after the parts of the country. We also pray for solace roll call: for the loved ones of the 12 victims of a bomb explosion in Kidapawan and the quick APF'ROVAL OF THE JOURNAL recovery of those who were injured by another bomb explosion in Tacurong. We pray for Upon motion of Serfatator Pangilinan, there being peace, Lord, that the lives of our people no objection, the Body dispensed with the reading may no longer be threatened by those who of the Jo&~al of Session.No. 33 and considered it wish to sow fear and terror in our country. approved. And, as we do so, remind us always, Lord, of our duty to serve our people and DEFERMl?,NT OF APPROVAL develop in each of us a constructive attitude OF THE JOURNAL. OF SESSION NO. 34 so that we may conduct ourselves with Upon motion of Senator Pangilinari, there being dignity, showing respect for one another and no objection, the Body deferred the consideration and tolerance for our differing stands. However, approval of the Joufial of Session No. 34. Lord, grant us also the determination to move forward, for in moving forward lies the fulfillment of our duty to uplif? the-quality of REFERENCE OF BUS!NESS lives of our people, and in so doing, inspire The" S.ecr&tayy of the Senate read theifallowing once again their confidence in this Sengte. matters a~dthe Chair made. the corre.$ponding Amen. referrals:
ROLL CALL MESSAGF, FROM THF HOUSE ' OF RSkRESzNTATIVES Upon direction of the Chair, the Secretary of the Senate, Oscar G. Yabes, called the roll, to which the Letter from the Secretary General of the House of following senators responded: Reprqentativet, transmitting to the Senate the& 536 WEDNESDAY, OCTOBER .I I, 2006 I:
letter of the Honorable Speaker Jose de Venecia AN ACT DECLARING DECEMBER 13 Jr., dated 26 September 2006, addressed to OF EVERY YEAR A SPECIAL the Honorable Senate President Manuel B. NONWORKING HOLID’AY IN Villar, informing the Senate of the designation GENERAL TRIAS IN THE PROVINCE of Representatives Macarambon, Tulagan, OF CAVITE, Villafuerte, Paras, Chavez, Mitra and Escudero as members of the House Panel in the recommending its approval without amenbent. Congressional Oversight Committee created pursuant to Section 14 of R.A. No. 8435 (Agri- Sponsor: Senator Lim culture and Fisheries Modernization Act). To the Calendar far Ortiinary EfUsihess To the Comm‘fttee on Rules Committee Report No. 112, submitted by the BILL ON FIRST READING Committee-on Local Government, on House Bill No. 21 3, introduced by Representative Biazon, Senate Bill No. 2485, entitled entitled
AN ACT INSTITUTING REFORMS IN AN ACT DECLARING THE FOURTH DAY LAND RESOURCE ADMINISTRATION OF FEBRUARY OF EVERY YEAR AS A SPECIAL WORKlNG HOLIDAY Introduced by Senator Recto IN THE CITY OF MUNTINLUPA TO BE KNOWN AS ARAW NG To the Committees on Justice and KALAYAAN NG MmTINLUPA, Human Rights; Civil Service-and Government Reorganization; and Finance recommending its approval without amendment.
RESOLUTION Sponsor: Senator Lim
Proposed Senate Resolution No. 577, entitled To the Calendar for Ordinary Business
RESOLUTION URGING THE SENATE Committee Report No. 113,. submitted by the COMMITTEE ON JUSTICE AND Committee on Local Government, on House HUMAN RIGHTS AND OTHER Bill No, 748, introduced by Representative APPROPRIATE COMMITTEE/S TO Cajes, entitled INQUIRE, IN AID OF LEGISLATION, ON THE VILE MURDER OF A HIGHLY AN ACT DECLARING THE TWELFTH RESPECTED FILIPINO PATRIOT, DAY OF OCTOBER OF EVERY BISHOP ALBERT0 RAMENTO Y YEAR AS A NONWORKING BALDOVINO, A MICROCOSM OF SPECIAL PUBLIC HOLIDAY IN POLITICAL PERSECUTION IN THE THE MUNICIPALITY OF GETAFE, COUNTRY PROVINCE OF BOHOL TO BE KNOWN AS “THE GETAFE Introduced by Senator Magsaysay Jr. FOUNDATION DAY” AND FOR OTHER PURPOSES, To the Committees on Justice and Human Rights; and Public Order and Illegal Drugs re9ommendigg its approval without ameedrnent.
COMMITTEE REPORTS Sponsor: Senator Lim
Committee Report No. 111, submitted by the TO the Calespar for ~OrQifiaryBushless Committee on Local Government, on House Bill No. 188, introduced by Representative Committee Report No. 114, submitted by the Remulla (G), entitled Cornittee on Local Government, on HouseN P WEDNESDAY, OCTOBER I I, 2006 537 .. ~ . ..,. .- .. .-: ~. ~~ ..
Bill No. 2402, introduced by Representative Committee Report No. 117, submitted by the Roquerh, entitled Committee on Local Government, on House Bill No. 4563, introduced by Representative AN ACT DECLARING THE TENTH DAY Silverio, entitled OF SEPTEMBER OF EVERY YEAR AS A SPECIAL NONWORKING AN ACT DECLARING SEPTEMBER 29 HOLIDAY IN THE CIfi OF' SAN OF EVERY YEAR A SPECIAL JOSE DEL MONTE, BULACAN TO NONWORKING HOLIDAY IN THE BE KNOWN AS THE CITY OF SAN MUNICIPALITY OF SAN RAFAEL, JOSE DEL MONTE FOUNDATION PROVINCE OF BULACAN TO BE DAY, KNOWN AS ARAW NG SAN RAFAEL, recommending its approval without amendment. recommending its approval without amendment. Sponsor: Senator Lim Sponsor: Senator Lim To the calendar^ for Ordioary Business To the Calendar for Ordinary Business Committee Report No. 115; submitted by the Committee on Local Government, on House Bill No. 4560, introduced by Representative Committee Report No. 118, submitted by the Bateriha, entitled Committee on Local Government, on House. Bill No. 4567, introduced by Representative AN ACT DECLARING JANUARY 22 OF Aquino (R), entitled EACH YEM A SPECIAL NONWORK- ING HOLIDAY IN THE^ CITY OF AN ACT DECLARING FEBRUARY 4 OF VIGAN, ILOCOS SUR TO COM- EVERY YEAR A SPECIAL NON- MEMORATE ITS ANNIVERSARY WORKING HOLIDAY IN THE CITY AS A CITY, OF SAN FERNANDO, PROVINCE OF PAMPANGA TO BE KNOWN AS recommending.its approval without amendment THE CITYHOOD DAY,
Sponsor: Senator Lim recommending its approval without amendment. To the Calendar for 0rqinar.y Business Sponsor: Senator Lim Committee Report No. 116, submitted by the To the Calendar fo~rOrdinary Busin& Committee on Local Government, on House Bill No. 4562, introduced by Representative Committee Report No. 119, submitted by the Ablan, entitled Committee on Local Government, on House Bill No. 4568, introduced by Representative AN ACT DECLARmG SEPTEMBER 11 Alfelor, entitled OF EVERY YEAR A SPECIAL NONWORKING HOLDAY IN THE AN ACT DECLARING SEPTEMBER 3 PROVINCE-OF ILOCOS NORTE AND OF EVERY YEAR A SPECIAL IN LAOAG CITY TO BE KNOWN NONWORKING HOLIDAY IN THE AS PRESIDENT FERDINAND CITY OF IRIGA, PROVINCE' OF EDRALIN MAFCOS DAY, CAMARINES SUR TO COMMEMO- recommending its approval without amendment. RATE TlE IRIGA CRY FOWA'ITON ANNWERSARY, Sponsor: Senator Li@ recommending its approval without amendment. Dissenting: Senators SeYge Osmefla and M.A. Madrigal Sponsor: Senator Lim
To the Calendsr'for Ordiny-y Bysiness To the Calendar for Ordinary Bus@e~s.~ 538 , .- ~ WEDNESDAY, OCTOBER 1 I, 2006
Committee Report No. 120, submitted by the Committee Report No. 123, submitted by the Committee on Local Government, on House Bill Committee on Local Government, on House No. 4569, introduced by Representative Joaquin, Bill No. 4574, introduced by Representative entitled Carlos, entitled
AN ACT DECLARING FEBRUARY 5 OF AN ACT DECLARING FEBRUARY 14 EVERY YEAR A SPECIAL NON- OF EVERY YEAR A SPECIAL WORKING HOLIDAY IN THE MUNI- NONWORKING HOLIDAY IN THE CIPALITY OF BfiAN, PROVINCE CITY OF VALENZUELA TO BE OF LAGUNA TO BE KNOWN AS KNOWN AS ARAW NG LUNGSOD BmAN LIBERATION DAY, NG VALENZUELA, recommending its approval without amendment. recommending its approval without amendment. Sponsor: Senator Lim Sponsor: Senator Lim To the Calendar for Ordinary Busmess To the Calendar for Ordinary Business Committee Report No. 121, submjtted by the Committee on LQcal Government, on House Committee Report No. 124, submitted by the Bill No. 4570, ifftrodu.ced by Representative Committee on Local Government, on House Cagas, entitled Bill No. 4576, introduced by Representative Carmona, entitled AN ACT DECLARING SEPTEMBER 8 OF EVERY YEAR A SPECIAL AN ACT DECLARING FEBRUARY 28 NONWORKING HOLIDAY IN DIGOS OF EVERY YEAR A SPECIAL NON- CITY, PROVINC-E OF DAVAO DEL WORKING HOLIDAY IN ESCALANTE SUR TO COMMEMORATE ITS CITY, NEGROS OCCIDENTAL TO INAUGURATION AS A CHARTERED COMMEMORATE ITS CHARTER CITY, DAY ANNIVERSARY,
recommending its approval without amendment. recommending its approval without amendment.
Sponsor: Senator Lim Sponsor: Senator Lim To the Calendarfor Ordinary Bus9ness To the Calendar for Ordinary Business Committee Report No. 122, submitted by the. Committee Report No. 125, submitted by the Committee on Local Government, on House Committee on Local Government, on House Bill No. 4572, introduced by Representative Bill No. 4577, introduced by Representative Mangudadatu, entitled Aquino (R.), entitled AN ACT DECLWG SEPTEMBER 18 OF EVERY YEAR A SPECIAL AN ACT DECLARING DECEMBER 1 NONWORKING HOLIDAY IN THE OF EVERY YEAR A SPECIAL CITY OF TACURONG, PROVINCE NONWORKING HOLIDAY IN THE OF SULTAN K-UDARAT TO CITY OF ARAYAT, PROVINCE OF COMMEMORATE ITS CHARTER PAMPANGA TO BE KNOWN AS DAY ANNIVERSARY, GEN. JOSE M. ALEJANDRINO DAY,
re,commefiding its approval without amendment. recommendihg its approval without amendment.
Sponsor: Senator Lim Sponsor: Senator Lim
To the Calesdgr for Ordidwy Busihess To the Calendar for Ordinary Busidess .&r WEDNESDAY, OCTOBER 1 I, 2006 I* . 539 .~ ~.L. ~ __ . .. ” ” ---- . Committee Report No. 126, submitted by the AND THE KINGDOM OF SPAIN, which Committee on Local Government, on House was signed.on 2 March 2004 in Manh Bill No. 4580, introduced by Representative Badelles, entitled To the Conim-ittee on Foreign Relations
AN ACT DECLARING SEPTEMBER 20 Letter of Her Excellency, President Gloria OF EVERY YEAR A SPECIAL Macapagal Ar~yo,dated 10 October 2006, NONWORKING HOLIDAY IN certifying to the necessity of the immediate ILIGAN CITY TO CELEBRATE THE enactment of Senate Bill No. 2482, entitled TOURISM WEEK OF THE CITY AND TO HONOR THE FEAST OF AN ACT REGULATING THE PLACE- SAINT MICHAEL ARCHANGEL, MENT OF BILLBOARD SIGNS, PATRON SAINT OF THE CITY, to immediately address the need-to reguhate the recommending its approval without amendment. proliferation of outdoor advertising signs, displays and devices, particularly along &jor thorough- Sponsor: Senator Lim fares and highways, in order to ensur6 the safety of the public whose lives and properties are To the Calendar for Ordinary Business endangered by oversized and inherently hazardous billboards, and to ensure that the latest spate of Committee Report No. 127, submitted by the death and damage to property resulting from Committee on Local Government, on House collapsing billboards during typhoons will be Bill No. 471 1, introduced by Representative avoided. Unico, entitled To the Comdttee on’ Rules AN ACT DECLARING FEBRUARY 1 OF EVERY YEAR A SPECIAL COMMITTEE REPORT NONWORKING PUBLIC HOLIDAY Committee Report No. 128, submyttsd. by the IN THE PROVINCE OF CAMARINES Committee on Public Services, on House Bill NORTE, AMENDING FOR THE No. 5513, introduced. bg Representatives Mitra PURPOSE REPUBLIC ACT NO. 9090, and Zubiri, entitled ENTITLED AN ACT DECLARING FEBRUARY FIRST OF EVERY YEAR AN ACT GRANTING THE ITRANS- AS “JOSE MARIA C. PANGANIBAN MISSION INC. A FR&NCHISE-TO DAY’ AND A SPECIAL WORKING CONSTRUCT,. INS-TALL, ESTABLISH, PUBLIC HOLIDAY IN THE OPERATE AN6 MAINTAIN RADIO PROVINCE OF CAMARINES AND TELEVISION BROADCASTING NORTE, STATIONS IN THE PHILIPPINES, recommending its approval without amendment. recowending its approval with amendments. Sponsor: Senator Lim Sponsw: Senator Arroyo
To the Calendar for Ordinary Business Dissenting: Senator Enrile To the Calek.dar for Ordipary Business ADDITIONAL REFERZNCE OF BUSINESS -SECOND 4DDPTIONAL MESSAGES FROM THE REFEKENCE OF’ IkUSINESS PRESIDENT OF THE PHILIPPINES BILL ON P‘IWST READfNG Letter of Her Excellency, President Gloria Macapagal Arroyo, dated 2 October 2006, Senate Bill No. 2486, entitled recommending to the Senate the ratification of the TREATY ON EXTRADITION BETWEEN AN ACT ESTABLISHING A PHILIPPINE THE REPUBLIC OF THE PHILIPP’INES NATIONAL HEALTH KESEARCH&- P 540 WEDNESDAY. OCTOBER I I. 2006 , ~,. *. .iI .”
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SYSTEM MANDATING SELECTED Villar, Senators Enrile, Osmefia, Recto and Roxas, GOVERNMENT AGENCIES TO and Energy Secretary Lotilla for reaching a common ALLOCATE PERCENTAGES OF point of view. She noted that some senators raised THEIR GROSS ANNUAL INCOME concerns over certain aspects of the- bill during OR CHARGE ADDITIONAL FEES the negotiations, one of which was the question of FOR HEALTH RESEARCH AND whether or not entities engaged in biofuel production DEVELOPMENT @&D) ACTNITIES for the export market should also be panted incentives. She stated that under the existing Investment Priority Introduced by Senator Flavier Plan, an entity engaged in biofiel production, being a preferred activity, enjoys the same fiscal and nonfiscal To the Committees on Health and incentives whether it produces for the local or export Demography; Science and Technology; and market. She asserted that it is unlikely that BO1 Fiiance incentives would create fierce competition between local consumption and the export market because if MANIFESTATION the policy is to assure supply for the local market, OF SENATOR PANGILINAN this could be achieved by requiring entities to satisfy local demand before providing for the export market Senator Pangilinan stated that the Body would and the BOI, on its own, could administratively be discussing the automation bill at a later hour impose additional coniiitions. She said that allowing as some provisions of the bill were still being the same incentives for local or export production harmonized by the staff. would further promote the development of the country’s biofuel program and lower production cost. COMMITTEE REPORT NO. 55 If the condition persists, shestaced thatthe bill could ON SENATE BILL NO. 2226 indicate that the demand for local consumption be (Continuation) satisfied before. the eAport requirements.
Upon motion of Senator Pangilinan, there being Senator Defensor Santiago recalled that during no objection, the Body resumed consideration, on the caucus, it was also suggested that the mandate Second Reading, of Senate Bill No. 2226 (Committee for the bioethanol blend should depend on the Report No. 59, entitled amount of sugar cane -production in excess of food requirement. But she opined that while mandating the AN ACT TO MANDATE THE USE OF bioethanol blend might affect the requirement for BIOFUELS IN THE TRANSPORT food supply, basing it on incremental production SECTOR, ESTABLISHING FOR THIS might not be-the most efficient way to address the PURPOSE THE PHILIPPINE BIOFUEL matter. She contended that market forces -should PROGRAM, APPROPRIATING FUNDS be allowed to detedine the optinml use of sugar THEREFOR, AND FOR OTHER cane whether as food or as biofuel feedstock. She PURPOSES. maintained that investors would not likely put up ethanol refineries in areas where there is no assurance Senator Pangilinan stated that the parliamentary of feedstock for ethanol production; in the same status was still the period of amendments. manner, farmers would not devote their sugar cane production in areas where there are no bioethanol Thereupon, the Chair recognized Senator Defensor production facilities. She-said that the market would Santiago, Sponsor of the^ measure. provide for its own safegugirds, so competition between sugar production and bioethanol production REMARKS OF is unlikely. In the short run, she said, farmers might SENATOR DEFENSOR SANTIAGO opt to supply bioethanol refineries rather than sugar millers thereby creating a temporary shortage On the parliamentary status of the bill, Senator in sugar. However, she posited that the market Defensor Santiago recalled that the period of amend- imbalance would only be temporary as the increase ments was suspended to allow some Members to in demand would creqte the incentive to increase thresh out their different views on certain provisions sugar cane- supply by tapping the approoriate and she expressed gratitude - to Senate President technology or by increasi,rig~the land area. SheH WEDNESDAY,. OCTOBER ILI, 2006. 54 1 ~. . ., , . _I, . .. ,. I
believed that the requirement for food and bioethanol 1 On page 3, line 10, as recommended by feedstock could be-adequately met and for this Senator Drilon, insert a new provision to purpose, the Sugar Regulatory Administration has read as follows: identified 370,000 hectares for conversion. T) PNS - SHALL REFER TO THE PHILIPPINE NATIONAL STANDARDS; She disclosed that some hybrid sugarcane CONSISTENT WITH SECTION 26 OF varieties have been’ reported to yield 120-260 tons REPUBLIC ACT NO. 8749, OTHERWISE per hectare while 4he Department of E&@, using KNOWN AS THE ‘‘PHILIPPINE CLEAN AIR a study, has designed a table that assumes an ACT OF 1999”; average yield of 100 tons per hectare, showing that 2. On page 4, line 15, insert a new provision to the demand for sugar, as well as for 10% ethanol read as follows: blend, would be met. Moreover, she noted that since crop year 2002-2003, there has beeq a sugar 4.3 THE DOE IS EMPOWERED TO DETERMINE AND ADJUST THE ANNUAL surplus produc-tion, resulting in a decrease in the PERCENTAGE OF BIOFUELS TO THE price of sugar. She assured thebBody that several TOTAL GASOLINE AND DIESEL FUELS provisions of the bill ensure domestic supply SOLD AND DISTRIBUTED IN THE COUNTRY requirements for the food industry and that feed- SUBJECT TO DOMESTIC SUPPLY AND stock for biofuels production would be tapped from AVAILABILITY OF LOCALLY-SOURCED locally grown agricultural products. She believed BIOFUELS COMPONENT.; that domestic agriculture would benefit from the 3 Renumber the subsequent sections mandatory use of biafuels. accordingly; Senator Defensor Santiago explained that under 4 On the same page, line 20, replace the word the proposed bill, only the BO1 acts as, the implement- “periodically”with ANNUALLY; ing agency for the grant of incentives since the DOE 5. On the same page, after the word would merely provide accreditation to ensure that “REGULATIONS” on line 30, amend the rest only qualified entities can engage in biofuels production of the sentence as follows: THE FOLLOWING and distribution, INCENTIVES ARE HEREBY PROVIDED UNDER THIS ACT; She maintained that lower heating value of 6. On the same page, modify lines 32 to 36 as biofuels would not cost consumers more because of follow6: reduced mileage. Although a 10% ethanol blend contains abbut 96.8% “pure gasoline,!’ she asserted A) SPECIFIC TAX - THE SPECIFIC TAX ON LOCAL OR IMPORTED BIORTELS that the energy lost is offset by the increased COMPONENT, PER LITER OF VOLUME combustion efficiency of the .engine. SHALL BE ZERO (0). THE GASOLm AND DIESEL FUEL COMPONENT SHALL On the effects of biofuels on equipment and REMAIN SUBJECT TO THE PREVAILING machines in rural arms and warraBty issues, she said SPECIFIC TAX RATES.; that oxygenated fuels likeblends of unleaded gasoline- ethanol may be used in motorcycles, pump boats, hand 7. On page 5, at the instance of Senator Enrile, delete lines 17 to 34, and reletter the tractors and old vehicles without engine-modifieation subsequent sections accordingly; provided that the ethanol content is nbt greater than 10%. 8. On page 5, line 38, delete the words “not WORKING DkAFT covered” and in lieu thereof, insert the words EXEMPT FROM WASTE-WATER CHARGES Thereafter, Senator .i)efensor Santiago stated UNDER THE SYSTEM PROVIDED that the working.draft would be the version of the bill 9. On page 6, at the instance of Sdnator Drilon, as of October 11, 2006. r@rax lines 3 1 to 33 as foUom: (1) ESTABLISH TECHNICALFUELQUALITYSTANDARDS COMMITTEE AMFNDMENTS FOR BIOFUELS AND BIOEUEGBLENDED GASOLINE AND DIESEL WHICH COMPLY As proposed by Sehtor Defensor Santiago, there WITH THE PNS; AND,; being no objection, the Body approved the following 10 On page 7, line 11, insert the word AND committee amendments, one-after.the. other: before- the word “Department”.’M 542 - WEDNESDAY, OCTOBER I I, 2006
11. On the same page,.delete-lines~.2O~to-36; B) DURING THE TRANSITION PERIOD, ETHANOL PLANTS SHALL NOT 12. On page 8, line 6, delete the semicolon (;) OPERATE IN AREAS WIT" A CERTAIN add FOR THIS PURPOSE and a colon (:), and DISTANCE FROM AN EXISTING SUGAR and thereafter, at the instance of Senator MILL, WHICH DISTANCE SHALL BE SET Roxas, insert the following provisions: BY THE SRA TAKING INTO ACCOUNT 1. THE PBB IS. EMPOWERED TO LOCAL CONDITIONS, IN ORDER TO REQUIRE ALL EMlTIES ENGAGED IN THE ENSURE THAT THE SUPPLY OF SUGAR IS PRODUCTION, BLENDING AND DISTRI- NOT PRERIDICED PROmED, HOWEVER, BUTION OF BIOFUELS TO SUBMIT THAT THE SRA MAY EXEMPT AN REPORTS OF THEIR ACTUAL AND ETHANOL PROJECTFROM "E FOREGOING PROJECTED SALES AND lNVENTORY OF RESTRICTION IF IT FINDS THAT EITHER BIOWELS, IN THE FORMAT TO BE OF THE FOLLOWING IS MET PRESCRIBED FORTHIS PURPOSE; AND 1. THE SUPPLY OF SUGAR IS SUFFI- 2 THE PBB SHALL DETERMINE CIENT TO MEET THE DOMESTIC AVAILABILITY OF LOCALLY-SOURCED DEMAND AND THE FEEDSTOCK FOR BIOFUELS AND RECOMMEND TO DOE THE ETHANOL PLANT WILL NOT THE APPROPRIATE LEVEL OR PERCENT- PREJUDICE THE REQUIRED SUGAR AGE OF LOCALLY-SOURCED BIOFLELS PRODUCTION. TO THE TOTAL ANNUAL VOLUME OF^ 2. THE SUPPLY OF SUGARCANE FOR GASOLINE AND DIESEL SOLD AND DISTRIBUTED IN THE COUNTRY.; THE ETHANOL PLANT IS SOURCED FROM LAND AREAS NOT PWED 13. On the same page, line 30, at the instance-of TO SUGARCANE FOR FOOD Senator Gordon, he@a new subsection to wit: PRODUCTION. EJ RECOMMEND TO DOE THE USE OF C) FOR AVOIDANCE OF DOUBT, BIOFTJELBLENDS IN AIRTRANSPORT THE TRANSITORY PROVISION SHALL TAKING INTO ACCOUNT SAFETY NOT APPLY TO NEW LAND AREAS THAT AND TECHNICAL VIABILITY, AND, WILL BE DEVELOPED FOR SUGAR CANE CULTIVATION.; 14. Reletter the Jucceeding subsections accord- ingly; 19. Renumber the subsequent sections 15. On page 3, delete lines 33 to 36; accordingly; 20. 16. On page 5, delete-~liaes1 to 3; On the same page, line 14, amend SeFtion 13 as follows: 11. At the instance.of Senator Enrile, delete the SEC. 13. APPROPRIATIONS. - SUCH old subsection "e" starting with line 33 of page 9 up to line 6 of~page-10; SUMS AS MAY BE NECESSARY FOR THE INITIAL IMPLEMENTATION OF 18. On page 11, liae 22, at thehstance of Senator THIS ACT SHALL BE TAKEN FROM THE Roxas, insert the following transitory CURRENT APPROPRIATIONS OF DOE. provision: THEREAFTER, THE FUND NECESSARY TO CARRY OUT THE PROVISIONS OF SEC. 12. TRANSITORYPROVISION, - IN ORDER TO ENSURE THE STABILITY THIS ACT SHALL BE INCLUDED IN OF SUPPLY OF SUGAR FOR DOMESTIC THE ANNUAL GENERAL APPROPRIA- USE, A TRANSITION PERIOD OF THREE TIONS ACT.; (3) YEARS FROM THE EFFECTIVITY OF 21. On the same page, line 27, at the instance of THIS ACT IS HE~EBYESTABLISHED. Senator Angara, insert a new Section 15 to A) DURING THE TRANSITION read as follows: PERIOD, EXISTING-LAND AREAS FOR SEC. 15. SPECIAL CLAUSE. - THIS SUGAR CANE CULTIYAT~ONSHALL BE ACT SHALL NOT BE INTERPRETED AS DEVOTED PRIMARILY TO SATISFYING PREJUDICIAL TO CLEAN DEVELOPMENT DOMESTIC DEMAND FOR SUGAR. MECHANISM (CDM) PROJECTS THAT FOR THIS PURPOSE, THE SRA SHALL CAUSE CARBON DIOXIDE (CO,) AND CONTINUE TO EXEReISE ITS MAN- GREENHOUSE GASES (GHG) EMISSION DATE UNDER EXISTING LAWS AND REDUCTIONS BY MEANS OF BIOFUELS REGULATIONS. USE., andw P WEDNESDAY, OCTOBER 1 I, 2006 543
22. On the same page, line 32, amend Section 16 Senator Defensor Santiago requested. Senator as follows: Ejercito Estrada (J) to read the peainentpovision of SEC. 16. REPEALING CLAUSE. -THE the Act. PROVISIONS OF SECTION 148.D OF REPUBLIC ACT NO. 8424, OTHERWISE SUSPENSION OF SESSION KNOWN AS TAX REFORM ACT OF 1997; AND ALL OTHER LAWS, PRESIDENTIAL Upon.motion of Senator Ejercito Estrada (J), the DECREES OR ISSUANCES, EXECUTIVE session was suspended. ORDERS, PRESIDENTIAL PROCLAMA- TIONS, RULES AND REGULATIONS OR It was 4t26 p.m. PARTS THEREOF INCONSISTENT WITH THE PROVISIONS OF THIS ACT, ARE HEREBY REPEALED, MODIFIED OR RESUMPTION OF SESSION AMENDED ACCORDINGLY. At 4:28 pm., the session was resumed. TERMINATION OF THE PERIOD OF COMMITTEE AMENDMENTS Upon’ resumption, Senator Ejercito Estrada (J) read Section 7 of the Sugar Amelioration Act of Upon motion of Senator Panigilinan, there being 1991, to wit: no objection, the Body closed the period of committee Sec. 7. Lien, Distribution, Collection, and amendments and proceeded to the periqd of individual Remittance. - Effecrive on sugar crop year 1991 amendments. to 1992, a lien of Five pesos (P5.00) per picui Of sugar shall be imposed on the-gross production- EJERCITO ESTRADA (J) AMENDMENTS of sugar to primarily augment the income of sugar workers, and to finance social and economic On page 12, Senator Ejercito Estrada (J) proposed progrims to improve their livelihood and well- to insert between lines 26 and 27, a new Section 15 being; Provide4, that there shall be an automatic to read as follows: additional lien of 0ne.peso (P1.00) for every two (2) years for the succeeding ten~(l0)years from SEC. 15. NON-DIMUNITION OF BENEFITS the effectivity of this Act; Pivvided, further, FOR SUGAR WORKERS. - THIS ACT SHALL that the Secretae of Labor and Empioyment NOT IN ANYWAY RESULT IN THE FORFEI- may, upon the recornmeEdation of the Sugar TURE OR DIMUNITION OF THE EXISTING Tripartite Council, suspend or reducethe amount BENEFTfS ENJOYED BY THE SUGAR WORKERS of the automatic additional lien herein authorized, AS PRESCRIBED UNDER R.A. NO. 6982 OR whenever circumstances occus, adversely THE SUGAR AMELIORATION ACT OF 1991, affe.cting os causing undw increases in the cost IN CASE SUGAR CANE SHALL BE USED AS of producing suggs, takifig into consideration the FEEDSTOCK. declared policy of this Akf.
Replying to Senator Defensor Santiago’s query, Senator Ejercito Estrada (J) confirmed that his Senator Ejercito Estrada (J) confirmed that the amend- amendment Gould apply to the. she social ment would apply regardless of market conditions. amelioration hnd levy on sugar planters even if the sugar industry shall contribute to the bulk of Senator Pimentel stated that he has an amend- feedstock for bioethanol production. ment that is essentially the same as that of Senator Ejercito Estrada (J). Senator Osmefia pointed out that at present, sugar is measured by kilo,bags and no longer by piculs. Asked by Senator Osmeila on the intent of the amendment, Senator Ejercito Estrada (J) replied Thereafier, accepted by the Sponsor, there being that based on the government policy framework and no objection, the Body approved the amengment. directions, the sugar industry is expected to contribute the bulk of feedstock for bioethanol production; hence, As proposed by Senator Ejercito Estrada (J) and this has relevant implications on the lien being enjoyed accepted. by the Sponsor, th& being no objection, by sugar workers instituted by the Sugar Amelioration the Body approved the following amendments, one Act of 1991 which is PI0 per picul of sugar. after the other:# P 544 ~ WEDNESDAY, OCTOBER 1 I, 2006 .~ .. .._ . .< ,,. .. -7
1. On page 7, line 11, after the acronym (DOF), MAGSAYSAY AMENDMENT insert the phrase AND THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE); On page 6, lines 31 to 33, a8 proposed by 2. On page 2, after line 21, insert the following Senator Magsaysay and accepted by the Sponsor, provision: there. being no objection, the Body approved, subject to style, the .rewording of thefollowing provision as (i) DOLE - SHALL REFER TO THE follows: DEPARTMENT OF LABOR AND EMPLOY- MENT CREATED UNDER EXECUTIVE (I) ESTABIJSHTEWCALFUELQUALlTY ORDERNO. 126, AS AMENDED.; STANDARDS FOR BIOFUELS AND 3. Reletter the subsequent subsections BIOFUEL-BLENDEDGASOLINE AND accordingly; DIESEL WHICH COMPLY WITH THE PNS AND THE ORIGINAL EQUIPMENT 4. On page 10, after line 6, insert the following MANUFACTURERS (OEM) STAN- provision: DARDS SET BY ENGINES AND PRIME- MOVERS -MANUFACTURERS VIS-A- E) THE DEPARTMENT OF LABOR VISTHEREQUIREDQUALITYOFTHE AND EMPLOYMENT SHALL FUEL TO BE USED. (1) PROMOTE GAINFUL LIVELIHOOD OPPORTUNITIES AND FACILITATE Senator Magsaysay explained that this would PRODUCTWEEMPLOYMENTTHROUGH preserve the warranty of certain high compression EFFECTIVE EMPLOYMEi’iTSERVICES internal combustion engines, which have3very strict AND REGULATTON; fuel requirements, even with the use.of the local ENSURE THE ACCESS OF WORKERS biofuels additive. TO PRODUCTIVE RESOURCES AND SOCIALPROEXTIONCOVERAGE; AND MAQRIGAL AMENDMENTS
RECOMMEND PLANS, POLICIES As proposed by Senator Madrigal and accepted AND PROGRAMS THAT WILL by the Sponsor, there being no objection; the Body ENHANCE THE SOCIAL IMPACT OF THE PHILIPPINES’ BIOFUEL approved the following amendments: PROGRAM.; 1. On page 1, line 6, after the word “environ- ment,” insert the words AND NATURAL 5. Reletter the subsequent subset-tions accordingly; and ECOSYSTEMS; 2. On the same page, line 10, after the word 6. On page 8, reword lines 33 to as follows: 35, :‘renewable,” insert the- phrase AND F) RECOMMEND SPECIFIC ACTIONS SUSTAINABLY SOURCED CLEAN; TO BE EXECUTED BY THE DEPARTMENT 3. On the same page, after line 13, i&rt a new OF ENERGY (DOE) AND OTHER APPRO- subsection to read as follows: PRIATE AGENCIES OF GOVERNMENT CONCERNING THE IMPLEIVENTATION OF D) ENSURE THE AVAILABILITY OF THE PHILIPPINE BIOFUEL PROGRAM, ALTERNATIW AN6 RENEWABLE CLEAN INCLUDING lTS ECONOMIC, TECHNICAL, ENERG7 -OUT ANY DE- TO ENVIRONMENT AND SOCIAL IMPACT. THENATURALECOSYSTEW BIODIVERSITY, ANDFOOD RESERVES OFTHECOUNTRY; SUSPENSION OF SESSION 4. On page 4, after line 25, insert a .new subsection to read as follows: Upon motion of Senatsr Pangilinan, the session was suspended. 4.5 PBB S+,L ALSO IMPLEMENT A MANDATORY CERTIFICATION SCHEME B-ASED ON A SCIENTIFIC EVALUATION It was 4:36 p,m. WHICH TAKES INTO CONSIDERATION THE IMPACT OF THE-BIOFUELS TO RESUMPTION OF SESSION BE USED ON SOILS; ATMOSPHERIC POLLUTION, AND WATER SUPPLIES, At 4:36 p.m., the session was resumed, L0CAL.AND GLOBAL FOOD SUPPLIES. #f P WEDNESDAY, OCTOBER I I, 2006 .. . ~.,,_ - ~. 545 .. .“..._ . ~ ~. ~ ,- ......
THE PBB AND DENR SHALL ALSO is the protection of the. rights and interests of the. ASSESS AND CERTIFY THAT THERE IS indigenous peopltx under the Indigenous Peoples NO NEGATIVE IMPACT ON ANCIENT Rights Act (PRA) of 1997 by ensuring that they FORESTS OR THEIR ECOSYSTEMS, WHICH would not be forced into converting their ancestral ARE IMPORTANT FOR BIODIVERSITY lands into plantations for biofuels feedstock. AND FOR CARBON CYCLE.
Asked by Senator Defensor Santiago oir the Senator Enrilepasited that the indigenous peoples meaning of “ancient forests,” Senator Madrigal replied should really be allowed to decide how their lands that ancient forests are primary gowth forests. would. be used; for instance, if the biofiel project becomes profitable, they should not be deprived of 5. On page 10, after line 28, subject to style, the benefits to be derived from it. He said that he insert a new subsection to rea8 as follows: would agree if the law left it to the indigenous peoples to decide whether to use their lands for 9 TO PROHIBIT THE USE OF bioethanol projects or not but he would object if the BIOFUELS SOURCED FROM FORESTLAND AND OTHER LANDS NOT DEVOTED FOR indigenous peoples are prohibited under the Act from AGRICULTURAL USE AND PLANTATIONS using their lands for biofuel projects. FORBIOFUELS. SUSPENSION OF SESSION After subsection (e), Senator Madrigal proposed the insertion of a new subsection (f) to read as Upon motion of Senator Madrigal, the session follows: was suspended.
TO PROHIBIT THE CONVERSION F) It was 4:56 p.m. OF FORESTLANDS AND OTHER IN- ALIENABLE LANDS OF PUBLIC DOMAIN AS PLANTATIONS FOR BIOFUELS RESUMPTlON OF SESSION WITHOUT CONGRESSIONAL APPROVAL. At 4:59 p.m., the session was resumed. INQURIES OF SENATOR KNRILE ACKNOWLEDGMENT OF Senator Enrile pointed out that under the Public THE PRESENCE OF GUESTS Land Law, lands are classified as timberlands, mineral lands and agricultural lands, and that there are timber- At. this juncture, Senator Defensor Santiago lands that do not have forests but are actually pasture- acknowledged the presence of some Members of the lands. Asked by Senator Enrile if the purpose of the House of Representatives. amendment is to withdraw pasturelands from the biofuel program. Senator Madrigal said that she would INQUIFUES OF SENATOR BIAZON agree to exempt pasturelands from theconversion. Senator Biazon inquired how the ancestral lands Senator Enrile pointed out that Cagayan has are being delineated in light of the torrens titles to many so-called timberlands or forestlands that are areas within the ancestral lands. Senator Madrigal really cogonal areas and as such, they are not open replied that under the PRA, the National Commission to alienation or disposition by the State. He believed on Indigenous Peoples, together with the Depart- that to have a meaningful ethanol progam, such ment of Environment and Natural Resources and lands should be used for sugar cane production. the Department of Agrarian Reform, has the power to delintate. She stated that she proposed the Asked by Senator Difensor Sqitiago which arPieqdmehts in response to numerous complaints administrative government agency has the power to of indig‘enous peoples that corporations with fake classify lands, Senator Enrtle replied that the Presiaent titles were encfoaching on certain areas covered by of the Philippines is authorized underthe Public LLnd Ceitificates of Ownership of Ancestral Domains. Law to classify lands for purposes of the country. Senator Biazon expressed doubts whether the Senator Madrigal asked whether a distinction National Mapping and Resource Information Authority could be made, clarifyiw that her primary concern (NAMRIA) would be able to delineate ancestral/ L, 546 WEDNESDAY, OCTOBER 1 I, 2006
lands. Senator Madrigal acknowledged that NAMRIA Senator Defensor Santiago accepted the is very slow in making the necessacy delineation of amendment, subject to style, and there being no ancestral domains, and so she suggested the rewording objection, the same was approved by the Body. of the amendment by adding the phrase SUBJECT TO THE PROVISIONS OF THE IPRA. SUSPENSION OF SESSION
Senator Biazon said that if the bill is enacted into Upon motion of Senator Madrigal, the session law, the matter of identifying ancestral lands-would was susperided. become a problem and could lead to land disputes which are.one of the major causes of instability in the It was 5:lO p.m. countryside. RESUMPTION OF SESSION Relative to the phrase “subject to the provision of the IF’RA,” Senator Enrile asked how government At 5:15 p.m., the session was resumed. would resolve a dispute between a proponent, who has asked government for a non-delineated parcel of TERMINATION OF THE PERIOD land for the bioethanol project, and a tribal community OF IN-DIVWUALS AMENDMENTS that claims it as ancestral land, taking into consider- ation the regalian doctrine that all lands belong to the There being no other individual amendment, upon State. Senator Madrigal replied that the bill could motion of Senator Pang@an, there being no objection, provide that disputes of such kind shall be referred to the Body closed the period of individual amendments. the-National Commission for Indigenous Peoples. REMARKS OF SENATOR ROXAS Senator Enrile pointed out that issues submitted. for arbitral judgment might be settled after ten or Senator Roxas thanked Senator Defensor Santiago twenty years, and for the bioethanol project, time is for accepting his amendments and commended her of the essence. Senator Madrigal said that under the for coming to the session to finish the bill in spite of PRA, the indigenous peoples have the right to prior her illness. and informed consent. RECONSIDERATION OF Upon request of Senator Defensor Sanfiago, THE TERMINATION OF THE PERIOD Senator Madrigal read the amendment, to wit: OF INDIVIDUAL AMENDMENTS CONVERSION OF FORESTLANDS AND OTHER INALIENABLE LANDS OF THE Upon motion of Senator Pangilinan, there being PUBLIC DOMAIN AS PLANTATIONS FOR no objection, the Body reconsidered the termination BIOFUELS SUBJECT TO THE PROVlSIONS of the period of individuals amendments. OF THE IPRA. OSMERA AMENDMENT Asked by Senator Defensor Santiago about the original phrase “WITHOUT CONGRESSIONAL On the title of the bill, as proposed by Senator APPROVAL,” Senator Madrigal clarified that she Osmeila and accepted by the Sponsor, there being no replaced it with the phrase “SUBJECT TO THE objection, the Body approved the deletion of the PROVISIONS OF THE IPRA” in view of the words IN THE TRANSPORT SECTOR. objection of Senator Enrile. ENRILE AMENDMENT Senator Defensor Santiago agreed with Senator Enrile that any arbitral process might contribute to Also on the title of the bill, as proposed by the delay of the land conversion. Senator Enrile and accepted by the Sponsor, there being no objection, the Body approved the replacement Senator Madrigal stressed th,at she wanted an of the word MANDATE with DIRECT. assurance that if indeed the indigenous peoples choose to convert their lands for bioethanol projects, Senator Defensor Santiago stated that the their rights would still be protected. word “direct” would mean that it is compu1sory.M WEDNESDAY, OCTOBER I I, 2006 . .. .., . ,, .:. ~, , ,: 547 . , ..., .,. , ...~ ,... ,
Senator Enrile agreed, saying that the law should market and the pressing need to reduce our compel the people to use biofuels. dependence on imported petroleum products, consistent with the administration’s thrusts add P~MENTEL AMENDMZNT programs for the fiotection of public health and environment, promotion of indigenous renewable Still on the title of the bill, as proposed by Senator energy sonrces as well as for the expansion of live- lihood opportunities particularly in the mal areas. Pimentel and accepted by the Sponsor, there being no objection, the Body approved the deletion of the Best wishes word PHILIPPINE. Very truly yours, (Sgd.) GLORIA MACAPAGAL-ARROYO TERMINATION OF THE PERIOD OF INDIVIDUAL AMENDMENTS Cc: HON. JOSE DE vFl*TECLAJR. Speaker There being no other individual amendment, upon House of Representatives motion of Senator Pangilinan, there being no objection, Quezon City the Body closed the period of individual amendments. APPROVAL OF SENATE BILL NO. 2226 ON THIRD READING APPROVAL OF SENATE BILL NO. 2226 ON SECOND READING In view of the presidential certification, upon motion Submitted to a vote and there being no objection, of Senator-Pan@nar&there being no objection, the Body Senate Bill No. 2226 was approved on Second considered, on Third Reading, Seniite Bill No. 2226. Reading. Pursuant to Section 67, Rule XXIII of the-Rules PRESIDENTIAL CERTIFICATION of the Senate, upon motion of Senator Pangilinan, there being no objection, the Deputy Secretary for Upon direction of the Chair, the Deputy Secretw Legislation read only the title of the.bill, to wit: for Legislation, Emma Lirio-Reyes, read the President’s certification as to the necessity of the AN ACT TO MANDATE THE USE OF BIO- immediate enactment of Senate Bill No. 2226, to wit: FUELS IN THE TRANSPORT SECTOR, ESTABLISHING FOR THIS PURPOSE MALACMAN PALACE THE PHILIPPINE BIOFUEL PROGRAM, MANILA APPROPRIATING NSTHEREFOR, MARCH 16,2006 AND FOR OTHER PURPOSES. HON. FRANKLIN M. DRILON The Secretary of the Senate called the roll for Senate President Philippine Senate nominal voting. Pasay City RESULT OF THE VOTING Dear Senate President Drilon: Pursuant to the provisions of Article VI, The result of the voting was as follows: Section 26(2) of the 1987 Con’stitution, I hereby certify to the necessity of the immediate In favor enactment of Senate Bill No. 2226, under Committee Report No. 55, entitled Arroyo Lim AN ACT TO MANDATE THE USE OF Cayetapo Madrigal BIOFUELS IN THE TRANSPORT Defensor Santiago Magsaysay SECTOR, ESTABLISHING FOR Drilon Osn1e5Zi THIS PURPOSE THE PHILIPPINE Ejercito Estrada (J) Pan$iliilan BIOFUEL PROGRAM, APPRO- Ejercito Estjada (L) Ptm,efitd PRIATING FUNDS THEREFOR, Enrile Recto AND FOR OTHER PURPOSES, Flavier Roxas to meet the public emefgency posed by the Gordon Vi& volatility in the cost of petroleum in the world Lacson N 548 I I. 2006 ..WEDNESDAYC.OCTOB.ER . ~. ,. , .. - ,.. ... - ~. Against Mindanao; Chancellor Mon Arcadio of U.P. Manila; Director Mike Alfeler of the Philippine General None Hospital; Art Cayanan, Vice-president for Plamling and Finance; Dr. Ehanuel de Dios, School of Abstention Economics; and Isabelita Reyes, Public Affairs. None SUSPENSION OF SESSION With 19 senators voting in favor, none against, and no abstention, the Chair declared Senate Bill Upon motion of Senator Madrigal, the session No. 2226 approved on Third Reading. was suspended. It was 5:29 p.m. SUSPENSION OF SESSION RESUMPTION OF SESSION Upon motion of Senator Pangilinan, the session was suspended. At 5:31 p.m., the session was resumed.
It was 5:23 p.m SUSPENSION OF SESSION
RESUMPTION OF SESSION Upon motion of Senator Pangilinan, the session was suspended. At 5:27 p.m., the session was resumed. It was 5:32 p.m. COMMITTEE REPORT NO, 2 ON SENATE BILL NO. 1833 RESUMPTION OF SESSION (Continuation) At 5:32 pm., the session was resumed. Upon motion of Senator Cayetano, there being no objection, the Body resumed consideration, on INQUIRIES OF SENATOR OSMERA Second Reading, of Senate Bill No. 1833 (Committee Senator Osmefia recalled that a pending issueh Report No. 2), entitled the U.P. bill was the. bidding. for the development of 98.5 hectares or 20% of the 500 hectares of the AN ACT TO STRENGTHEN THE U.P. property in Diliman, Quezon City, which; at a UNIVERSITY OF THE PHILIPPINES conservative price of P20,00O/sq.meter, would have AS THE NATIONAL UNIVERSITY. a market value of PI00 billion. He noted that under the U.P. Charter, the University is fre&to dispose-of Senator Cayetano stated that the parliamentary all its assets as it sees tit. status was the period of amendments. In the course of Senator OsmeZak inquiy, Thereupon, the Chair recognized Senator Pangilinan, Senate President Villar -relihquished the Chair to Sponsor of the measure, and Senator Madrigal for Senate President Pro Tempore Flnvier. her amendments. He stated that in 1998, the c.pntract was brought ACKNOWLEDGMENT OF THE to the attention of the-Senate by Senator Defensor PRESENCE OF GUESTS Santiago and when it was again ,discussed in 2004, it has not been rescinded or cancelled. He said that At this juncture, Senator Pangilinan acknowledged apparenyly, the U.P. had been soamme$ despite the.presence of the following officials of the University claims from U.P. resource. persons that the property of the Philippines: Dr. Amelia Guevarra, OIC, Vice- had been appraised considering that the. terms of the President for Academic Affairs; Atty. Marvic Leonen, contract were highly anomalous, it was below market Vice-president for Legal Affairs; Cristina Hidalgo, value and otie-sided. He expresses concern that Vice-President for Public Affairs; Chancellor Sergio since members^ of the Board of Regents (BOR) do Cao of U.P. Diliman; Chancellor Rey Velasco of U.P. not have much experience in-zconuhercialtransactions, LOS BaAos; Chancellor Ricky Deungria of U.P. they could have been taken.in by any +veloper ors ~~ .~ ~ ~
WEDNESDAY, OCTOBER I I,. 2006 .... 549 , . . . .,, ~ ~ .~."-,;r -..
any unsolicited project proposal to generate funds COMMITTEE REPORT NO. 34 and increase the finantjal assets of the University. ON SENATE BILL NO. 2137 (continuation) Further, Senator Osmeiia adverted to a letter written by former U.P; President Emilio Javier Upon motion of Senator Pangilinan, there being justifying an unhelievable 75-year lease of the propfrty no objection, the Body resumed consideration, on to the Development Corporatlon and he pointed out Second Reading, of Senate Bill No. 2137 (Committee that the lease was virtually a sale of the property. Report No. 34), entitled He asked to be update~don the status of the project as well as on any other real estate deals that the U.P. AN ACT TO DETER AND PUNISH has entered into. Senator Pangilinan claiified that the ACTS OF TERRORISM, AND FOR proposed 75-year lease contract was not approved OTHER PURPOSES. by the BOR during.or after the term of UP. President Javier, as he added that the more recent project was Senator Pangilinan stated that the parliamentary the aborted joint venture between the University of the status was still the period of committee amendments. Pklippines and Ayah Corporation for the development of a 37-hectare science and technology park. The Chair recognized Senator Enrile, Sponsor of the measure. Senator Osmeira also cited a letter from former U.P. President Francisco Nemenzo dated November WORKING DRAFT 2004, that spoke of the park and a survey conducted by Ayah Foundation. He bared that according to the Senator Enrile manifested that the working draft 2001 survey, there was a soft property market as was the version of the hill as reported out under evidenced in the estimated monthly lease rate. of Committee Report No. 34. between P150 and P350 per square meter. He added that the physical framework plan for the project COMMITTEE AMENDMENTS included the construction of north and south parks which had been subjected to two failed public biddings As proposed by Senator Enrile, there being no - the first, in June 2002, when only two potential objection, the Body approved the following committee developers submitted pre-qualification documents, amendments, one after the other: and the secqnd in Febiuary 2003, when there was only one potential develop,er. This being the case, he PAGE 1 maintained that the BOR should not have- the~final say on the disposal or lease of any of U.P. real 1. On line-1, after the word "shall," insert the estate assets. He suggested that a hearing be word HENCEFORTH; conducted on the questionable U.P. projects. 2. On line 2, replace the figure "2005" with the SUSPENSION OR SESSION figure 2006, 3. Delete lines 3 to 13, and in lieu thereof, insert Upon motion of Senator Pangilinan, the session a new Section 2, to read as follows: was suspended.
SEC. 2. DECLARATIONOF POLICY. ~ It was 5:41 p.m. IT IS DECLARED A POLICY OF THE STAE TO PROTECT LIFE, LIBERTY, AND RESUMPTION OF SkSSI0.N PROPERTY FROM ACTS OF TERRORISM, TO CONDEMN TEmORISM AS INIMICAL At 6:I8 pm., the session was resumed. AND DANGEROUS TO THE NATIONAL SECUFUTY OF THE^ COUNTRY AND TO SUSPENSION OF CONSIDERATION THE WELFARE OF THE PEOPLE, AND TO OF SENATE BILL. NO. 1533 MAKE TERRORISM AND CONSPIRACY TO COMMIT TERRORISM CRIMES Upon motion of Senator Pahgilinan, there being AGAINST THE FILIPINO PEOPLE, no objection, the Body ,suspended consideration of AGAINST HUMWITY, AND AGAINST the bill. THE LAW OF NATIONS.;# WEDNESDAY, OCTOBER 1 I. 2006
PAGE 2 POLITICAL BELIEF OR TO SOW AND CREATE A CONDITION OF WIDESPREAD 4. Delete lines 1 to 28, and in lien thereof, insert AND EXTRAORDINARY FEAR, ANXIETY, a new Section 3, to read follows: as AND PANIC AMONG THE POPULACE IN SEC. 3. TERRORISM. - ANY PERSON ORDER TO COERCE THE GOVERNMENT WHO, ACTING IN ANY OF THE MANNER TO GlVE IN TO A GIVEN DEMAND.; DESCRIBED IN PARAGRAPH 1, PARA- GRAPH 2, AND PARAGRAPH 3 OF PARLIAMENTARY INQUIRY ARI'ICLE 170F~WSEDPENALCDDE, OF SENATOR PlMENTEL USES ASSASSINATION, KIDNAPPING, HIJACKING OF LAND-SEA-OR-AIR TRANS- Asked by Senator Pifnentel whether the PORTATION, BOMBING, BIOLOGICAL OR committee amendments being proposed and approved CHEMICAL AGENT, NUCLEAR DEVICE, would still be subject to further discussions at the THE PARALYZATION OF THE WATER proper time, Senator Enrile replied in the affirmative. SUPPLY SYSTEM, THE PARALYZATION OF THE ELECTRIC POWER OR COMMITTEE AMENDMENTS COMMUNICATION SYSTEMS OF THE COUNTRY, OR THE PARALYZATION OF (Continuation) OTHER STRATEGIC AND VITAL ANY PAGE 4 INFRASTRUCTURE OF THE NATION EITHER TO ADVANCE, PROPAGATE,AND 7. Delete lines 1 to 27; PROMOTE HIS RELIGIOUS OR POLlTICAL BELIEF OR TO SOW AND CREATE A PAGE 5 CONDITION OF WIDESPREAD AND Delete lines I to 16, and in lieu thereof, insert EXTRAORDINARYFEAR, ANXIETY 8. AND a new Section 5, to read as follows: PANIC AMONG THE POPULACE IN ORDER TO COERCE THE GOVERNMENT TO GIVE SEC. 5. ACCOMPLICE. - AN INDIVI- IN TO A GIVEN DEMAND SHALL BE DUAL PERSON, NOT BEING A CONSPI- GUILTY OF THE CNME OF TERRORISM RATOR IN A CRIME OF TERRORISM AND AND SHALL SUFFER THE PENALTY OF NOT BEING A PRINCIPAL UNDER EITHER RECLUSION PERF'ETUA OR DEATH, AT PARAGRAPH 1, PARAGRAPH 2, OR THE DISCRETION OF THE COURT.; PARAGRAPH 3 OF ARTICLE 17 OF THE REVlSED PENAL CODE, WHO COOPERATES PAGE 3 IN THE EXECUTION OF EITHER THE 5. Delete lines 1 to 28, and in lieu thereof, insert CRIME OF TERRORISM OR THE CRIME OF a new Section 4, to read asfollows: CONSPIRACY TO COMMIT TERRORISM BY PREVIOUS OR SIMULTANEOUS ACT SEC. 4. CONSPImCY TO COMMIT OR ACTS SHALL BE ADJUDGED AN TER~ORISM.- PERSONS WHO CONSPIRE ACCOMPLICE TO THE CRIME OF TO COMMIT THE CRIME OF TERRORISM TERRORISM OR TO THE CRIME OF SHALL SUFFER THE PENALTY OF CONSPIRACY TO COMMIT TERRORISM, RECLUSION PERPETUA. AS THE CASE MAY BE, AND SHALL THERE IS A CONSPIRACY TO COMMIT SUFFER THE PENALTY OF RECLUSION THE CRIME OF TERRORISM WHEN TWO TEMPORAL IN ITS MAXIMUM PERIOD.; OR MORE PERSONS COME TO AN 9. Delete lines 17 to 25, and in lieu thereof, AGREEMENT TO USE ASSASSINATION, insert a new Section 6, to read as follows: KIDNAPPING, HIJACKING OF LAND-SEA- OR-AIR TRANSPORTATION, BOMBING, SEC. 6. ACCESSORY. - AN INDIVI- BIOLOGICAL OR CHEMICAL AGENT, DUALPERSONW0,HAVINGKh'O~E NUCLEAR DEWCE. T€@ PARALYZATION OF THE COMMISSION OF THE CRIME OF THE WATER SUPPLY SYSTEM, THE OF TERRORISM OR THE CRIME OF PARALYZATION bF-THE ELECTRIC CONSPIRACY TO COMMIT TERRORISM POWER OR COMMUNICATION SYSTEMS AND, NOT BEING INVOLVED AS AN OF THE COUNTRY, OR THE PARALYZA- ACCOMPLICE, AS A CONSPIRATOR, TION OF ANY OTHER STRATEGIC AND OR AS A PRINCIPAL THEREIN IN ANY VITAL INFRASTRUCTURE OF THE OF THE MANNER DESCR~BEDIN NATION EITHER TO ADVANCE, PROPA- PARAGRAPH 1, PARAGRAPH 2, AND GATE, AND PROMOTEHIS RELJGIOUS OR PARAGRAPH 3 OF ARTICLE 17 OF THE& P WEDNESDAY, OCTOBER? I, 2006 . 551 ,. ,. . . ~ , . ... :.c . ~ .~ I ~ . .. .- ..
REVISED PENAL CODE, TAKES PART UNDER R.A 4200 WITH RESPECT TO THE SUBSEQUENT TO THE COMMISSION OF COMMUNICATIONS, MESSAGES, CON- THE CRIME OF TERRORISM OR THE VERSATIONS, DISCUSSIONS, OR SPOKEN CRIME OF CONSPIRACY TO COMMfT OR WRITTEN WOWS OF ANY PERSON TERRORISM, AS THE CASE MAY BE, BY CHARGED wml OR SUSPECTED FOR THE COMMITTING ANY OF THE FOLLOWING CRIME OF TERRORISM OR THE CRIME OF ACTS: (A) PROFITING HIMSELF OR CONSPIRACY TO COMMIT TERRORISM.; ASSISTING THE PERPETRATOR OR PERPETRATORS OF THE CRIME OF PAGE 6 TERRORISM OR THE CRIME OF CONSPIRACY TO COMMIT TERRORISM 11. Delete-lines 1 to 23; TO PROFIT BY THE EFFECTS THEREOF; 12. Delete litles 24 to~~27,and in lieu thereof, (B) CONCEALING OR DESTROYING THE irisert a new Section 8, to read as follows: BODY OF THE CRIME OR THE EFFECTS OR INSTRUMENTS THEREOF, IN ORDER SEC. 8. FORMAL APPLICATIONFOR TO PREVENT ITS DISCOVERY; OR, (c) JUDICIAL AUTHOt?IZATION. - THE HARBORING, SHELmG,OR CONCEAL WRlTTEN ORDER OF THE AUTHORIZING ING OR SUPPLYING FOOD, MONEY, REGIONAL TRIAL COURT TO TRACK WEAPONS, TRANSPORTATION OR IN DOWN, TAP, OVERHEAR, INTERCEPT, ANY WAY AIDING A CONSPIRATOR, AN AND RECORD COMMUNICATIONS, ACCOMPLICE, OR A PRINCIPAL IN A MESSAGES, CONVERSATIONS, DISCUS- CRIME OF TERRORISM OR IN A CRIME SIONS, OR SPOKEN OR WRITTEN WORDS OF CONSPIRACY TO COMMIT TERROR- OF ANY PERSON CNARGED WITH OR ISM, OR ASSISTING IN THE ESCAPE OF SUSPECTED FORTHE CRIME OF TERROR- SUCH CONSPIRATOR, ACCOMPLICE, OR ISM OR THE CRIME OF CONSPIRACY TO PRINCIPAL SHALL BE ADmGEDAS AN COMMIT TERRORISM SHALL ONLY BE ACCESSORY TO THE CRIME OF TERROR- GRANTED BY THE. AUTHORIZING ISM OR TO THE CRIME OF CONSPIRACY REGIONAL TRIAL COURT UPON AN EX TO COMMIT TERRORISM, AS THE CASE PARTE WRITTkF APPLICATION OF A MAY BE, AND SHALL SUFFER THE POLICE OR MILITARY OFFICER OR OF A PENALTY OF PRISION MAYOR IN ITS GOVERNMENT LAW ENFORCEMENT MAXIMUM PERIOD.; OFFICIAL wno HAS BEEN DULY AUTHORZEDWWRITWGBYTHEANTI- 10. Delete lines 26 to 27, and in lieu thereof, TERRORISM COUNCIL CREATED IN insert a new Section 7, to read as follows: SECTION 47 OF THIS ACT TO FILE SUCH SEC. 7. SURVEILLANCE OFSUSPECTS EX PARTE APPLICATION, AND UPON AM)INTERCEPTIONAND RECORDlNG OF EXAMINATIONUNDER OATH OR COMMUNICATIONS. - THE PROVISIONS AFFIRMATION OF THE APPLICANT AND OF mPuBLrc ACT NO. 4200, KNOWN AS THE WITNESSES HE MAY PRODUCE TO THE ANTI-WIRE TAPPING LAW, TO THE ESTABLISH: (A) THAT THERE ARE CONTRARY NOTWITHSTANDING, IT REASONABLE GROUNDS TO BELIEVE SHALLBEPROPERFORAPOLICEOR THAT THE SAID CRIME OF TERRORISM MILITARY OFFICER OR A GOVERNMENT OR CONSPIRACY TO COMMIT TERROR- LAW ENFORCEMENT OFFICIAL AND THE ISM HAS BEEN COMMITTED, OR IS BEING MEMBERS OF HIS TEAM, WITHOUT COMMITTED, OR IS ABOUT TO BE INCURRING ANY CRIMINAL LIABILITY COMMITTED; (B) THAT THERE ARE PROVIDED HE AND THE MEMBERS OF REASONABLE GROUNDS TO BELIEVE HIS TEAM ARE AUTHORIZED BY A THAT EVlDENCE, WHICH IS ESSENTIAL WRImORDER OF A REGIONAL TRIAL TO THE CONVICTION OF ANY CHARGED COURT TO DO SO, TO OVERHEAR, OR SUSPECTED PER.SON FOR, OR TO THE INTERCEPT, AND RECORD WITH THE USE SOLUTION OR PREVENTION OF, ANY OF ANY MODE, FORM, KIM), OR TYPE OF SUCH CRIMES, WILL BE OBTAINED; AND, ELECTRONIC OR OTHER SURVEILLANCE (C) THAT TEERE IS NO OTHER EFFECTIVE EQUIPMENT OR INTERCEPTING AND MEANS READILY AVAILABLE FOR TRACKlNG DEVICES OR WITH THE USE ACQ-G SUCH EVIDENCE.; OF ANY OTHER SUITABLE WAYS AND PAGE 7 MEANS FOR THAT PURPOSE AND TO DO ANY OF THE ACTS DEEMED UNLAWFUL 13. Deletelines 1 to 11;~ 552 *..._WEDNESDAY, ., OCTOBER' 11,2006 I. I.
14. Delete lines 12 to 25, and in lieu thereof, 15. Delete lines 26 to 28, and in lieu thereof, insert a new Section 9, to read as follows: insen a new Section IO, to read as follows: SEC. 9. CLASSIFICATION AND SEC. IO. EFFECTIVE PERIOD OF CONTENTS OF THE ORDER OF THE JUDICIAL AUTHORIZATION. - ANY COURT- THEWRITTENORDEXGRANTED AUTHORIZATION GRANTED BY THE BY THE AUTHORIZING REGIONAL TRIAL AUTHORIZING REGIONAL TRIAL COURT, COURT AS WELL AS ITS ORDER, IF ANY, PURSUANT TO SEC. 9 OF THIS ACT, TO EXTTND OR RENEW THE SAME, THE SHALL BE EFFECTIVE FOR THE LENGTH ORIGINAL EXPARTE APPLICATION OF OF TIME SPECIFIED IN THE WRITTEN TWE APPLICANT, INCLUDING HIS EXPARE ORDER OF THE AUITI0-G REGIONAL APPLICATION TO EXTEND OR RENEW, TRIAL COURT, WHICH SHALL NOT IF ANY, AND THE WRITTEN AUT'HOR- EXCEED A PERIOD OF SIXTY (60) DAYS IZATIONS OF THE ANTI-TERRORISM FROM THE DATE OF RECEIPT OF THE COUNCIL SHALL BE DEEMED AND ARE WRITEN ORDER OF THE AUTHORIZING HEREBY DECLARED AS CLASSIFIED REGIONAL TRIAL COURT BY THE INFORMATION. THE WRITI" ORDER OF APPLICANT POLICE OR MILITARY THE AUTHORIZING REGIONAL TRIAL OFFICER OR GOVERNMENT LAW COURT SHALL SPECIFY THE FOLLOWING: ENFORCEMENT OFFICIAL. (A) THE IDENTITY, SUCH AS NAME AND THE AUTHORIZING REGIONALTRIAL ADDRESS, IF KNOWN, OF THE CHARGED COURT MAY EXTEND OR RENEW THE OR SUSPECTED PERSON WHOSE COM- SAID AUTHORIZATION FOR ANOTHER MUNICATIONS, MESSAGES, CONVERSA- PERIOD, WHICH SHALL NOT EXCEED TIONS, DISCUSSIONS, OR SPOKEN SIXTY (60) DAYS FROM THE EXPIRATION OR WRITTEN WORDS ARE TO BE OF THE ORIGINAL PERIOD, PROVIDED TRACKED DOWN, TAPPED, OVERHEARD, THAT THE AUTHORIZING REGIONAL INTERCEPTED, AND RECORDED AND, IN TRIAL COURT IS SATISFIEDTHAT SUCH THE CASE OF RADIO, ELECTRONIC, EXTENSION OR RENEWAL IS IN THE OR TELEPHONIC (WHETHER WIRELESS PUBLIC INTEREST, AND PROVIDED OR OTHERWISE) COMMUNICATIONS, FURTHER THAT THE EX PARTE h4E5SAGE.5, CONVERSATIONS,DLSC, APPLlCATION FOR EXTENSION OR OR SPOKEN OR WRITTEN WORDS, THE RENEWAL, WHICH MUST BE FILED BY ELECTROMC TRANSMISSION SYSTEMS, THE ORIGINAL APPLICANT, HAS BEEN OR THE TELEPHONE NUMBERS TO BE DULY AUTHORIZED IN WRITING BY TRACKED DOWN, TAPPED, OVERHEARD, THE ANTI-TERRORISM COUNCIL. INTERCEPTED, AND RECORDED AND THEIR LOCATIONS; (B) THE IDENTITY IN CASE OF DEATH OF THE (NAME, ADDRESS, AND THE POLICE OR ORIGINAL APPLICANT OR IN CASE HE IS MILITARY UNIT OR LAW ENFORCEMENT PHYSICALLY DISABLED TO FILE THE ORGANIZATION) OF THE POLICE APPLICATION FOR EXTENSION OR OR MILITARY OFFICER OR OF THE RENEWAL, THE ONE NEXT IN RANK TO GOVERNMENT LAW ENFORCEMENT THE ORIGINAL APPLICANT AMONG RE OFFICIAL, INCLUDING THE IDENTITY MEMBERS OF THE~TEAMNAMED IN THE (NAMES, ADDRESSES, AND THE POLICE ORIGINAL WRITTEN ORDER OF THE OR MILITARY UNIT OR LAW ENFORCE- AUTHORIZING REGIONAL TRIAL COURT MENT ORGANIZATION) OF THE SHALL FILE THE APPLICATION FOR MEMBERS OF HIS TEAM, JUDICIALLY EXTENSION OR RENEWAL.; AUTHORIZED TO TRACK DOWN, TAP, OVERHEAR, INTERCEPT, AND RECORD PAGE 8 THE COMMUNICATIONS, MESSAGES, 16. Delete lines 1 to 5; CONVERSATIONS, DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS; (C) THE 17. Delete lines 6 to IO, and in lieu. thereof, insert OFFENSE OR OFFENSES COMMITTED, a new Section 11, to read as follows: OR BEING COMMITTED, OR SOUGHT SEC. 11. CUSTODY OF INTERCEPTED TO BE PREVENTED; AND (D) THE AND RECORDED COMMUNICATIONS. - LENGTH OF TIME WITHIN WHICH ALL TAPES, DISCS, AND RECORDINGS THE AUTHORIZATION SHALL BE USED MADE PURSUANT TO THE AUTHORI- OR CARRIED OUT.; ZATION OF THE AUTHORIZING# WEDNESDAY, OCTOBER I I. 2006 553
REGIONAL TRIAL COURT, INCLUDING THEREWITH THAT HAVE BEEN ALL EXCERPTS AND SUMMARIES INCLUDED IN THE DEPOSIT, AND (D) THE THEREOF AS WELL AS ALL WRITTEN DATE OF THE ORIGINAL WRITTEN NOTES OR MEMORANDA MADE IN AUTHORIZATION GRANTED BY THE CONNECTION THEREWITH, SHALL, ANTI-TERRORISM COUNCIL TO THE WITHIN NINETY-SIX (96) HOURS AFTER APPLICANT TO FILE THE EX PARTE THE EXPIRATION OF THE PERIOD FD(ED APPLICATION TO CONDUCT THE TRACK- IN THE WRITTEN ORDER OF THE ING DOWN, TAPPING, INTERCEPTING, AND AUTHORIZING REGIONAL TRIAL COURT RECORDING, AS WELL AS THE DATE OR WITHIN NINETY-SIX (96) HOURS OF ANY EXTENSION OR RENEWAL OF AFTER THE EXPIRATION OF' ANY THE ORIGINAL WRITTEN AUTHORITY EXTENSION OR RENEWAL GRANTED BY GRANTED BY THE AUTHORIZING THE AUTHORIZING REGIONAL TRIAL REGIONAL TRIAL COURT. COURT, BE DEPOSITED WITH THE AUTHORIZING REGIONAL TRIAL COURT THE JOINT AFFIDAVIT SHALL IN A SEALED ENVELOPE OR SEALED ALSO CERTIFY UNDER OATH THAT PACKAGE, AS THE CASE MAY BE, AND NO DUPLICATES OR COPIES OF THE SHALL BE ACCOMPANIED BY A JOINT WHOLE OR ANY PART OF ANY OF AFFIDAVIT OF THE APPLICANT POLICE SUCH TAPES, DISCS, AND RECORDINGS, ORMLITARY OFFICERORGOVERNMENT AND THAT NO DUPLICATES OR COPIES LAW ENFORCEMENT OFFICIAL AND THE OF THE WHOLE OR ANY PART OF ANY MEMBERS OF HIS TEAM. OF SUCH EXCERPTS, SUMMARIES, WRITTEN NOTES, AND MEMORANDA, IN CASE OF DEATH OF THE HAVE BEEN MADE, OR, IF MADE, THAT APPLICANT OR IN CASE HE IS ALL SUCH DUPLICATES AND COPIES PHYSICALLY DISABLED TO !3XECUTE"€E ARE INCLUDED IN THE SEALED REQUIRED AFFIDAVIT, THE ONE NEXT ENVELOPE OR SEALED PACKAGE, IN RANK TO THE APPLICANT AMONG AS THE CASE MAY BE, DEPOSITED THE MEMBERS OF THE TEAM NAMED WITH THE AUTHORIZING REGIONAL IN THE WRITTEN ORDER OF THE TRIAL COURT.; AUTHORIZfNG REGIONAL TRJAL COURT SHALL EXECUTE WITH THE MEMBERS 19 Delete lines 21 to 28, and in lieu thereof, OF THE TEAM THAT REQUIRED insert a new Section 13, to read as follows: AFFIDAVIT. SEC. 13. DISPOSITIONOFDEPOSIED MATERIALS. -THE SEALED ENVELOPE 18. Delete lines 11 to 20, and in lieu thereof, OR SEALED PACKAGE AND THE insert a new Section 12, to read as follows CONTENTS THEREOF, WHICH ARE SEC. 12. CONTENTS OF JOINT DEPOSITED WITH THE AUTHORIZING AFFIDA VIT - THE JOINT AFFIDAVIT OF REGIONAL TRIAL COURT, SHALL BE THE POLICE OR MILITARY OFFICER OR DEEMED AND ARE HEREBY DECLARED OF THE GOVERNMENT LAW ENFORCE- CLASSIFIED INFORMATION, AND THE MENT OFFICIAL AND THE MEMBERS OF SEALED ENVELOPE OR SEALED PACKAGE HIS TEAM SHALL STATE: (A) THE SHALL NOT BE OPENED AND ITS NUMBER OF TAPES, DISCS, AND CONTENTS (INCLUDING THE TAPES, RECORDINGS THAT HAVE BEEN MADE, DISCS, AND RECORDINGS AND ALLTHE AS WELL AS THE NUMBER OF EXCERFTS EXCERPTS AND SUMMARIES THEREOF. AND SUMMARIES THEREOF AND THE AND THE NOTES AND MEMORANDA NUMBER OF WRITTEN NOTES AND MADE IN CONNECTION THEREWITH) MEMORANDA, IF ANY, MADE IN SHALL NOT BE DIVULGED, REVEALED, CONNECTION THEREWITH; (B) THE P&4D, REPLAYED, OR USED AS EVIDENCE DATES AND TIMES COVERED BY EACH UNLESS. AUTHORIZED BY WRITTEN OF SUCH TAPES, DISCS, AND RECORD- ORDER OFT& AUTHORIZNG REGIONAL INGS; C) THE NUMBER OF TAPES, DISCS, TRIAL COURT, WHICH WR17TENORDER AND RECORDINGS, AS WELL AS SHALL BE GRANTED ONLY UPON AN Gy THE NUMBER OF EXCERPTS AND PARTE WRITTEN APPLICATION OF THE SUMMARIES THEREOF AND THE DEFARTMENT OF JUSTICE FEED BEFORE NUMBER OF WRITTEN NOTES AND THE AUTHORIZING REGIONAL TRIAL MEMORANDA MADE IN CONNECTION COURT AND ONLY UPON A SHOWING $' 554 WEDNESDAY, OCTOBER 11,2006
THAT THE DEPARTMENT OF JUSTICE NOT IN ACCORDANCE WITH THE HAS BEEN DULY AUTHORIZED IN PERTINENT PROVISIONS OF THIS ACT, WRITING BY THE ANTI-TERRORISM SHALL ABSOLUTELY NOT BE COUNCIL TO FILE THE EX PARTE ADMISSIBLE AND USABLE AS EVIDENCE APPLICATION TO OPEN, REVEAL, AGAINST ANYBODY IN ANY JUDICIAL, DIVULGE, AND USE THE CONTENTS OF QUASI-JUDICIAL, LEGISLATIVE, OR THE SEALED ENVELOPE OR SEALED ADMINISTRATIVE INVESTIGATION, PACKAGE AS EVIDENCE.; INQUIRY, PROCEEDING, OR HEARING.
PAGE 9 PAGE 10 20. Delete lines 1 to 4, 23. Delete lines 1 to 11; 21. Delete lines 5 to 11, and in lieu thereof, insert 24. Delete lines 12 to 28, and in lieu theieof, a new Section 14, to read as follows: insert a new Section 16, to read as follows: SEC. 14. APPLICATION TO OPEN SEC. 16. PENALTYFOR WAUTHOR- DEPOSITED SEALED ENVELOPE OR IZED INTERCEPTIONS AND/OR RECORD- SEALED PACKAGE. - THE EX PARTE INGS. - ANY POLICE, MILITARY, OR WRITTEN APPLICATION TO OPEN THE GOVERNMENT LAW ENFORCEMENT DEPOSITED SEALED ENVELOPE OR PERSONNEL wno, NOT BEING SEALED PACKAGE SHALL CLEARLY AUTHORIZED TO DO SO BY A REGIONAL STATE THE PURPOSE OR REASON: TRIAL COURT, TRACKS DOWN, TAPS, (A) FOR OPENING THE SEALEDENVELOPE OVERHEARS, INTERcms, ANDRECORDS OR SEALED PACKAGE; (B) FOR REVEAL- IN WHATEVER MANNER OR FORM ANY ING OR DISCLOSING ITS CLASSIFIED COMMUNICATION, MESSAGE, CONVER- CONTENTS; (C) FOR REPLAYING, SATION, DISCUSSION, OR SPOKEN OR DIVULGING, AND OR READING ANY OF WRITFEN WORD OF A PERSON CHARGED THE OVERHEARD, INTERCEPTED, AND WITH OR SUSPECTED FOR THE CRIME RECORDH)COMMUNICATIONS,MESSAGES, OF TERRORISM OR THE CRIME OF CONVERSATIONS, DISCUSSIONS, OR CONSPIRACY TO COMMIT TERRORISM SPOKEN OR WRITTEN WORDS SHALL BE GUILTY OF AN OFFENSE AND (INCLUDINGANYOFTHEEXCERFTSAND SHALL SUFFER THE PENALTY OF PRISION SUMMARIES THEREOF AND ANY OF THE MAYOR IN ITS MAXIMUM PERIOD.; NOTES OR MEMORANDA ‘MADE IN CONNECXlON THEREWlTH); AND,@) FOR PAGE 11 USING ANY OF SAID OVERHEARD, INTER- 25. Delete lines 1 to 28; CEPTED, AND RECORDED COMMUNICA- TIONS, MESSAGES, CONVERSATIONS, PAGE 12 DISCUSSIONS, OR SPOKEN OR WRITTEN WORDS (INCLUDING ANY OF THE 26. Delete lines 1 to 28; EXCERPTS AND SUMMARIES THEREOF AND ANY OF THE NOTES OR MEMO- PAGE 13 RANDA MADE IN CONNECTION THERE- 27. Delete lines 1 to 28; WITH) AS EVIDENCE.;
22. Delete lines 12 to 28, and in lieu thereof, PAGE 14 insert a new Section 15, to read as follows: 28. Delete lines 1 to 12; Sec. 15. EVIDENTIARY VXLUE OF 29. Delete lines 13 to 22, and in lieu thereof, DEPOSITED MATERIALS. - ANY OVER- insert a new Section 17 to read as follows: HEARD, INTERCEPTED, AND RECORDED COMMUNICATIONS, MESSAGES, CON- SEC. 17. PROSCRIPTIONOF TERROR- VERSATIONS, DISCUSSIONS, OR SPOKEN IST ORGANIZATIONS, ASSOCIATION, OR OR WRITTEN WORDS, OR ANY PART OR GROUP OF PERSONS. - ANY ORGANIZ- PARTS THEREOF, OR ANY INFORMATION ATION, ASSOCIATION, OR GROUP OF OR FACT CONTAINED THEREIN, PERSONS ORGANJZED FOR THE PURPOSE INCLUDING THElR EXISTENCE, CONTENT, OF ENGAGING IN TERRORISM, OR w”, SUBSTANCE, PURPORT, EFFECT, OR ALTHOUGH NOT ORGANIZED FOR MEANING, WHICH HAVE BEEN SECURED THAT PURPOSE, ACTUALLY USES ORH WEDNESDAY, OCTOBER 1 I, 2006 . , .,‘ i I 555 . ~..-. .~ . *,
THREATENS TO USE ANY OF THE ACTS SHALL, WITHOUT INCURRING ANY TOTERRORIZEMENTIOhEDINTHISACT CRIMINAL LIABILITY FOR ARBITRARY AS PART OF: OR AS A TOOL FOR ITS DETENTION, DELIVER SAID CHARGED OR STRATEGY OF VIOLENCE TO ADVANCE, SUSPECTED PERSON TO THE PROPER PROPAGATE, AND PROMOTE ITS JUDICIAL AUTHOFTIY WIT” A PERIOD RELIGIOUS OR POLITICAL BELIEF OR TO OF FIFTEEN (15) DAYS COUNTED FROM SOW AND CREATE A CONDITION OF THE MOMENT THE SAID CHARGED OR WIDESPREAD AND EXTRAORDINARY SUSPECTED PERSON HAS BEEN APPRE- FEAR,A”,ANDPANICAMONGTHE HENDED OR ARRESTED, DETAINED, AND POPULACE IN ORDER TO COERCE THE TAKEN INTO CUSTODY BY THE SAID GOVERNMENT TO GNE IN TO A GWEN POLICE, MILITARY, OR GOVERNMENT DEMAND SHALL, UPGN~APPLICATION LAW ENFORCEMENT PERSONNEL.; OF THE DEPARTMENT OF JUSTICE BEFORE A COMPETENT REGIONAL TRIAL 33. Insert the following new sections: COURT, WITH DUE NOTICE AND OPPORTUNITY TO BE HEARD GIVEN TO SEC. 20. PENALTYFOR FAILURE TO THE ORGANEATION, ASSOCIATION, OR DELIVER SUSPECT TO THE PROPER GROUP OF PERSONS CONCERNED, BE JUDICIAL A UTHORIm WITHIN FIFTEEN DECLARED AS A TERRORIST AND (15) DAYS. - ANY POLICE, MILITARY, OUTLAWED ORGANIZATION,ASSOCIA- AND GOVERNMENTLAW ENFORCEMENT TION, OR GROUP OF PERSONS BY THE PERSONNEL WHO HAS APPREHENDED SAID REGIONAL TRIAL COURT.; OR ARRESTED, DETANED, AND TAKEN CUSTODY OF A PERSON CHARGED WITH 30. Delete lines 23 to 27, and in lieu thereof, OR SUSPECTED FOR THE CRIME OF insert a new Section 18, to read as follows: TERRORISM OR THE CRIME OF CONSPIRACY TO COMMIT TERRORISM SEC. 18. PENALTYFOR MEMBERSHIP WHO FAILS TO DELIVER SUCH IN A TERRORIST ORGANIZATION, AND CHARGED OR SUSPECTED PERSON TO ASSOCIATION, OR GROUP OF PERSONS. THE PROPER JUDICIAL AUTHORITY PERSON WHO, BY OVERT ACTS, -ANY WITHIN THE SAID PERIOD OF FIFTEEN WILLFULLY AND KNOWINGLY BECOMES (15) DAYS SHALL BE GUILTY OF THE OR REMAINS A MEMBER OF A CRIME OF ARBKRARY DETENTION AND ~ICIALLYDEC& AND omm SHALL SUFFERTHE PENALTY OFPRISION TERRORIST’ORGANIZATION, ASSOCIA- MAYOR IN ITS MAXIMUM PERIOD.; TION, OR GROUP OF PERSONS SHALL SUFFER THE PENALTY OF PRISION SEC. 21. RIGHTS OF A PERSON MAYOR IN ITS MAXIMUM PERIOD, AND UNDER CUSTODIAL DETENTION. - THE SHALL BE DISQUALIFIED PERMANENTLY MOMENT A PERSON CHARGED WITH FROM HOLDING ANY PUBLIC OFFICE, OR SUSPECTED FOR THE CRIME OF APPOINTIVE OR ELECTIVE, AND FROM TERRORISM OR THE CRIME OF EXERCISING T@E RIGHT TO VOTE.; CONSPIRACY TO COMMIT TERRORISM IS APPREHENDED OR ARRESTED AND PAGE 15 DETAINED, HE SHALL FORTHWITH BE (A) INFORMED OF HE RIGHT TO A LEGAL 31. Delete lines 1 to 8; COUNSEL OR COUNSELS OF HIS CHOICE; 32. Delete lines 9 to 12, and in lieu thereof, insert (B) INFORMED OF THE CAUSE OR a new Section 19 to read as follows: CAUSES OF HIS DETENTION IN THE PRESENCE OF HIS LEGAL COUNSEL SEC. 19. PERIOD OF DETENTION OR COUNSELS; (C) ALLOWED TO WITHOUT JUDICIAL WARRANT OF COMMUNICATE FREELY WITH HIS ARREST. -THE PROVISIONS OF ARTICLE LEGAL COUNSEL OR COUNSELS AND TO 25 OF REVISED PENAL CODE TO THE CONFER WITH THEM AT ANY TIME CONTRARY NOTWITHSTANDING, ANY WITHOUT RESTRICTION (D) ALLOWED POLICE, MILITARY, AND GOVERNMENT TO COMMUNICATE FREELY WITH THE LAW ENFORCEMENT PERSONNEL, WHO MEMBERS OF HIS FAMILY OR WITH HIS HAS TAKEN CUSTODY OF A PERSON NEARESTRELATIVESANDTOBEVISlED CHARGED WlTH OR SUSPECTED FOR THE BY THEM; AND, (E) ALLOWED FREELY CRIME OF TEmORlSM OR THE CRIME OF TO AVAIL OF THE SERVICE OF A CONSPIRACY TO COMMIT TERRORISM PHYSICIAN OR PJ3YSICIANS,;d P WEDNESDAY. OCTOBER 11.2006
SEC. 22. PENALTY FOR VIOLATION FAMILY MEMBERS AND NEAREST OF THE RIGHTS OF A DETAINEE. - ANY RELATIVES, IF ANY AND IF AVAILABLE; POLICE, MILITARY, OR GOVERNMENT (J) THE NAMES AND ADDRESSES OF LAW ENFORCEMENT PERSONNEL, OR PERSONS WHO VISIT THE DETAINED ANY PERSONNEL OF THE POLICE, PERSON; (K) THE DATE AND TIME OF MUTRYOROTHERGOVERNMENTLAW EACH OF SUCH VISITS; (L) THE DATE ENFORCEMENT CUSTODIAL UNIT THAT AND TIME OF EACH REQUEST OF THE VIOLATES ANY OF THE AFORESAID DETAINED PERSON TO COMMUNICATE RIGHTS OF A PERSON CHARGED WITH AND CONFER WIT" HIS LEGAL COUNSEL OR SUSPECTED FOR THE CRIME OF OR COUNSELS; (M) THE DATE AND TIME TERRORISM OR THE CRIME OF OF EACH VISIT, AND DATE AND TIME CONSPIRACY TO COMMIT TERRORISM OF EACH DEPARTURE OF HIS LEGAL SHALL BE GUILTY OF AN OFFENSE AND COUNSEL OR COUNSELS; AND (N) ALL SHALL SUFFER THE PENALTY OF PRISON OTHER IMPORTANT EVENTS BEARING MAYOR IN ITS MAXIMUM PERIOD.; ON AND ALL RELEVANT DETAILS SEC. 23. REQUIREMENT FOR AN REGARDING THE TREATMENT OF THE OFFICIAL CUSTODL4L LOGBOOKANDITS DETAINED PERSON WHILE UNDER CONTEm.-THE POLICE, MILITARY, OR CUSTODIAL ARREST AND DETENTION.; OTHER GOVERNMENT LAW ENFORCE- SEC. 24. NO TORTURE OR COERCION MENT CUSTODIAL UNIT IN WHOSE CARE DI INVESTIGATIONAND INTERROGATION. AND CONTROL THE PERSON CHARGED - NO THREAT, INTIMIDATION, OR WITH OR SUSPECTED FOR THE CRIME COERCION, AND NO ACT WHICH WILL OF TERRORISM OR THE CRIME OF INFLICT PHYSICAL PAIN OR TORMENT, CONSPIRACY TO COMMIT TERRORISM OR MENTAL OR MORAL PRESSURE, ON HAS BEEN PLACED UNDER CUSTODIAL THE DETAINED PERSON, WHICH SHALL ARREST AND DETENTION SHALL VITIATE HIS FREE WILL, SHALL BE KEEP A SECURELY AND ORDERLY EMPLOYED IN HIS INVESTIGATIONAND MAINTAINED OFFICIAL LOGBOOK, INTERROGATION FOR THE CRIME OF WHICH SHALL BE OPENED TO AND TERRORISM OR THE CRIME OF MADE AVAaABLE FOR THE INSPECTION CONSPIRACY TO COMMIT TERRORISM AND SCRUTINY OF ANY INTERESTED OTHERWISE, T€EEVIDENCE OBTAINED PARTY. THELOGBOOK SHALLCONTAIjV FROM SAID DETAINED PERSON A CLEAR AND CONCISE RECORD OF: RESULTING FROM SUCH THREAT, (A) THE NAME, DESCRIPTION, AND INTIMIDATION, OR COERCION, OR FROM ADDRESS OF THE DETAINED PERSON, SUCH INFLICTED PHYSICAL PAIN OR (B) THE DATE AND EXACT TLME OF HIS TORMENT, OR MENTAL OR MORAL INITIAL ADMISSION FOR CUSTODIAL PRESSURE, SHAJL BE, IN ITS ENTIRETY, ARREST AND DETENTION; (C) THE NAME ABSOLUTELY NOT ADMISSIBLE AND AND ADDRESS OF THE PHYSICIAN OR USABLE AS EVIDENCE IN ANY JUDICIAL, PHYSICIANS WHO EXAMINED HIM QUASI-JUDICIAL, LEGISLATIVE, OR PHYSICALLY AND MEDICALLY, (D) THE ADMINISTRATIVE INVESTIGATION, STATE OF HIS HEALTH AND PHYSICAL INQUIRY, PROCEEDING, OR HEARING.; CONDITION AT THE TIME OF HIS INITIAL ADMISSION FOR CUSTODIAL SEC. 25. PENALTY FOR THREAT, DETENTlON; (E) THE DATE AND TIME OF DITIMIDATION, COERCION, OR TORTURE EACH REMOVAL OF THE DETAINED IN THE INVESTIGATION AND INTER- PERSON FROM HIS CELL FOR ROGATION OF A DETAINED PERSON. - INTERROGATION OR FOR ANY PURPOSE; ANY PERSON OR PERSONS WHO USE (F) THE DATE AND TIME OF HIS RETURN THREAT, INTIMIDATION, OR COERCION, TO HIS CELL; (G) THE NAME AND OR WHO INFLICT PHYSICAL PAIN OR ADDRESS OF THE PHYSICIAN OR TORMENT, OR MENTAL OR MORAL PHYSICIANS WHO PHYSICALLY AND PRESSURE, WHICH SHALL VITIATE MEDICALLY EXAMINED HIM AFTER THE FREE WILL OF A CHARGED OR EACH PJTERROGATION; (H) A SUMMARY SUSPECTED PERSON UNDER INVESTIGA- OF THE .PHYSICAL AND MEDICAL TION AND INTERROGATION FOR THE FINDINGS ON THE DETAmED PERSON CRIME OF TERRORISM OR THE CRIME OF AFTER EACH OF SUCH INTERROGATION; CONSPIRACY TO COMMIT TERRORISM (I) THE NAMES AND ADDRESSES OF HIS SHALL BE GUILTY OF AN OFFENSE ANDK WEDNESDAY. OCTOBER 1 I. 2006 551
SHALL SUFFER THE PENALTY OF SEC. 27. APPLICATION TO EXAMINE RECLUSION TEMPORAL. BANK DEPOSITS, ACCOUNTS, AND WHEN DEATH OR SERIOUS RECORDS - THE WRITTEN ORDER OF PERMANENT DISABILITY OF SAID THE REGIONAL TW,COURT AUTHOR- DETAINED PERSON OCCURS AS A IZING THE EXAMINATION OF BANK CONSEQUENCEOFTHEUSEOFSUCH DEPOSITS, PLACEMENTS, TRUST THREAT, WTIMIDATION, OR COERCION, ACCOUNTS, ASSETS, AND RECORDS: OR AS A CONSEQUENCE OF THE (1) OF A PERSON CHARGED WITH OR INFLICTION ON HIM OF SUCH PHYSICAL SUSPECTED FOR THE CRIME OF PAIN OR TORMENT, OR AS A TERRORISM OR CONSPIRACY TO CONSEQUENCE OF THE INFLICTION ON COMMIT TERRORISM, (2) OF ANY HIM OF SUCH MENTAL OR MORAL JUDICIALLY DECLARED AND OUTLAWED PRESSURE, THE PENALTY SHALL BE TERRORKT ORGANJZATION,ASSXIATION, RECLUSION PERPETUA OR DEATH, AT OR GROUP OF PERSONS, OR (3) OF ANY THE DISCRETION OF THE REGIONAL MEMBER OF SUCH ORGANIZATION, TRIAL COURT.; ASSOCIATION, OR GROUP OF PERSONS SEC. 26. JUDICIAL AUTHORIZATION IN A BANK OR FINANCN INSTITUTION, REQUIRED TO EX4MLW BAKKDEPOSITS3 AND THE GATHERING OF ANY DESIRED ACCOUNTS AND RECORDS. - THE INFORMATION ABOUT THE SAME FROM PROVISIONS OF REPUBLIC ACT NO. 1405, SAID BANK OR FINANCIAL INSTITUTION, AS AMENDED, TO THE CONTRARY SHALL ONLY BE GRANTED BY THE NOTWITHSTANDING, IT SHALL BE AUTHORIZING REGIONAL TRIAL PROPER FOR ANY POLICE OR MILITARY COURT UPON AN EXPARTE WRITTEN OFFICER OR ANY GOVERNMENT LAW APPLICATION TO THAT EFFECT OF A ENFORCEMENT OFFICIAL AND THE MEMBERS OF HIS TEAM, WITHOUT POLICE OR MILITARY OFFICER OR OF A INCURRING ANY CRIMINAL LIABILITY GOVERNMENT LAW ENFORCEMENT PROVIDED HE AND THE MEMBERS OF OFFICIAL WHO HAS BEEN DULY HIS TEAM ARE AUTHORIZED BY A AUTHORIZED IN WINGTO FILE SUCH WRITTEN ORDER OF A REGIONAL TRIAL EXPARTE APPLICATION BY THE ANTI- COURT (A) TO EXAMINE, OR CAUSE THE TERRORISM COUNCIL CREATED IN EXAMINATION OF, THE DEPOSITS, SECTION 47 OF THIS ACT TO FILE SUCH PLACEMENTS, TRUST ACCOUNTS, EX PARTE APPLICATION, AND UPON ASSETS, AND RECORDS IN A BANK OR EXAMINATION UNDER OATH OR FINANCIAL INSTITUTION: (1) OF A AFFIRMATION OF THE APPLICANT AND PERSON CHARGED WITH OR SUSPECTED THE WITNESSES HE MAY PRODUCE TO FOR THE CRIME OF TERRORISM OR THE ESTABLISH THE FACTS THAT WILL CRIME OF CONSPIRACY TO COMMIT JUSTIFY THE NEED AND URGENCY OF TERRORISM, (2) OF A JUDICIALLY EXAMINING AND FREEZING THE BANK DECLARED AND OUTLAWED TERRORIST ORGANIZATION, ASSOCIATION, OR DEPOSITS, PLACEMENTS, TRUST GROUP OF PERSONS, AND (3) OF A ACCOUNTS, ASSETS, AND RECORDS: MEMBER OF SUCH ORGANIZATION, (1) OF THE PERSON CHARGED WITH OR ASSOCIATION, OR GROUP OF PERSONS; SUSPECTED FOR THE CRIME OF TERROR- AND (B) TO GATHER OR CAUSE THE ISM OR CONSPIRACY TO COMMIT GATHERING OF ANY DESIRED INFORM- TERRORISM, (2) OF A JUDICIALLY ATION ABOUT SUCH DEPOSITS, PLACE- DECLARED AND OUTLAWED TERRORIST MENTS, TRUST ACCOUNTS, MASSETS, AND ORGANIZATION, ASSOCIATION OR RECORDS FROM A BANK OR FINANCIAL GRQUP OF PERSONS, OR (3) OF ANY INSTITUTION. THE BANK OR FINANCIAL MEMBER OF SUCH ORGANIZATION, INSTITUTION CONCERNED SHALL NOT ASSOCIATION, OR GROUP OF PERSONS.; REFUSE TO ALLOW SUCH EXAMINATION OR TO PROVIDE THE DESIRED INFORM- SEC. 28. CLASSIFICATION AND ATION, WHEN SO ORDERED BY AND CONTENTS OF THE COURT ORDER SERVED WITH THE WRITTEN ORDER OF AUTHORIZING THE EAXMINATION OF THE AUTHORIZING REGIONAL TRIAL BANK DEPOSITS, ACCOUNTS, AND COURT.; RECORDS - THE WRITTEN ORDER# 558 WEDNESDAY, OCTOBER I I, 2006 ..
GRANTED BY THE AUTHORIZING THEAUTHOREZINGREGIONALTRIAL REGIONAL TRIAL COURT AS WELL AS COURT MAY EXTEND OR RENEW THE ITS ORDER, IF ANY, TO EXTEND OR SAID AUTHORIZATION FOR ANOTHER RENEW THE SAME, THE ORIGINAL EX PERIOD, WHICH SHALL NOT EXCEED PARTE APPLICATION OF THE APPLICANT, SIXTY (60) DAYS FROM THE EXPIRATION INCLUDING HIS EXPARE APPLICATION OF THE ORIGINAL PERIOD, PROVIDED TO EXTEND OR RENEW, IF ANY, AND THAT THE AUTHORIZING REGIONAL THE WRITTEN AUTHORIZATIONS OF TRIAL COURT IS SATISFIED THAT SUCH THE ANTI-TERRORISM COUNCIL, SHALL EXTENSION OR RENEWAL IS IN THE BE DEEM33 AND AREHEREBY DECLARH) PUBLIC INTEREST, AND PROVIDED AS CLASSIFIED INFORMATION. THE FURTHER THAT THE EX PARTE WRITTEN ORDER OF THE AUTHORIZING APPLICATION FOR EXTENSION OR REGIONAL TRIAL COURT SHALL SPECIFY: RENEWAL, WHICH MUST BE FILED BY (A)THEDEiVIlTYOFTHESAID:(I)PERSON THE ORIGINAL APPLICANT, HAS BEEN CHARGED WITH OR SUSPECTED FOR THE DULY AUTHORIZED IN WRITING BY THE CRIME OF TERRORISM OR CONSPIRACY ANTI-TERRORISM COUNCIL. TO COMMlT TERRORISM, (2)JUDICIALLY IN CASE OF DEATH OF THE DECLARED AND OUTLAWED TERRORIST ORIGINAL APPLICANT OR IN CASE HE IS ORGANIZATION, ASSOCIATION, OR GROUP OF PERSONS, AND (3) MEMBER PHYSICALLY DISABLED TO FILE THE OF SUCH ORGANIZATION, ASSOCIATION, APPLICATION FOR EXTENSION OR OR GROUP OF PERSONS, AS THE CASE RENEWAL, THE ONE NEXT IN RANK TO MAY BE, WHOSE DEPOSITS, PLACE- THE ORIGINAL APPLICANT AMONG THE MENTS, TRUST ACCOUNTS, ASSETS, AND MEMBERS OF THE TEAM NAMED IN THE RECORDS ARE TO BE EXAMINED OR THE ORIGINAL WRITTEN ORDER OF THE INFoRMAnoN TO BE GATHERED; (B) THE AUTHORIZING REGIONAL TRIAL COURT IDENTITY OF THE BANK OR FINANCIAL SHALL FILE THE APPLICATION FOR INSTITUTION WHERE SUCH DEPOSITS, EXTENSION OR RENEWAL.; PLACEMENTS, TRUST ACCOUNTS, ASSETS, AND RECORDS ARE HELD AND SEC. 30. CUSTODY OF BANK DATA MAINTAlNED, (C) THE IDENTITY OF THE AND INFORMATION OBTAINED AFTER PERSONS WHO WlLL CONDUCTTHE SAID EXAMINATION OF DEPOSITS, PLACE- EXAMINATION AND THE GATHERING OF MENTS, TRUSTACCOUNTS, ASSETS, AND THE DESIRED INFORMATION; AND, RECORDS, -ALL INFORMATION, DATA, @) THE LENGTH OF TIME THE AUTHOR- EXCERPTS, SUMMARIES, NOTES, IZATION SHALL BE CARRIED OUT.; MEMORANDA, WORKING SHEETS, REPORTS, AND OTHER DOCUMENTS SEC. 29. EFFECTIVE PERIOD OF COURT AUTHORIZATION TO EXAMINE OBTAINEJJ FROM THE EXAMINATION OF AND OBTAIN INFORMATION ON BANK THE BANK DEPOSITS, PLACEMENTS, DEPOSITS, ACCOUNTS, AND RECORDS. - TRUST ACCOUNTS, ASSETS, AND THE AUTHORIZATION ISSUED OR RECORDS OF: (1) A PERSON CHARGED GRANTED BY THE AUTHORIZING WITH OR SUSPECTED FOR THE CRIME REGIONAL TRIAL COURT TO EXAMINE OF TERRORISM OR THE CRIME OF OR CAUSE THE EXAMINATION OF AND CONSPIRACY TO COMMIT TERRORISM, TO FREEZE BANK DEPOSITS, PLACE- (2) A JUDICIALLY DECLARED AND MENTS, TRUST ACCOUNTS, ASSETS, AND OUTLAWED TERRORIST ORGANIZ- RECORDS, OR TO GATHER INFORMATION ATION, ASSOCIATION, OR GROUP OF ABOUT THE SAME, SHALL BE EFFE- PERSONS, OR (3) A MEMBER OF ANY FOR THE LENGTH OF TIME SPECIFIED IN SUCH ORGANIZATION, ASSOCIATION, OR THE WRITTEN ORDER OF THE AUTHOR- GROUP OF PERSONS SHALL, WITHIN IZING REGIONAL TRIAL COURT, WHICH NINETY-SIX (96) HOURS AFTER THE SHALL NOT EXCEED A PERIOD OF SIXTY EXPIRATION OF THE PERIOD FIXED IN (60) DAYS FROM THE DATE OF RECEIPT OF THE WRITTEN ORDER OF THE THE WRITTEN ORDER OF THE AUTHORIZING REGIONAL TRIAL COURT AUTHORIZING REGIONAL TRIAL COURT BY THE APPLICANT POLICE OR OR WITHIN NINETY-SIX (96) HOURS MILITARY OFFICER OR GOVERNMENT AFTER THE EXPIRATION OF THE LAW ENFORCEMENT OFFICIAL. EXTENSION OR RENEWAL GRANTED BY# WEDNESDAY, OCTOBER 11,2006 --,
THE AUTHORIZING REGIONAL TRIAL DOCUMENTS ACQUIRED FROM THE COURT, BE DEPOSITED WITH THE EXAMINATION OF THE BANK DEPOSITS, AUTHORIZING REGIONAL TRIAL COURT PLACEMENTS, TRUST ACCOUNTS, IN A SEALED ENVELOPE OR SEALED ASSETS, AND RECORDS HAVE BEEN PACKAGE, AS THE CASE MAY BE, AND MADE, OR, IF MADE, THAT ALL SUCH SHALL BE ACCOMPANIED BY A JOINT DUPLICATES AND COPIES ARE PLACED AFFIDAVIT OF THE APPLICANT POLICE IN THE SEALED ENVELOPE OR SEALED ORMILITARY OFFICERORGOVERNMENT PACKAGE DEPOSITED WITH THE LAW ENFORCEMENT OFFICIAL AND THE AUTHORIZING REGIONAL TRlAL COURT.; PERSONS WHO ACTUALLY CONDUCTED SEC. 32. DISPOSITION OF BANK THE EXAMINATION OF SAID BANK MATERIALS. - THE SEALED ENVELOPE DEPOSITS, PLACEMENTS, TRUST OR SEALED PACKAGE AND THE ACCOUNTS, ASSETS, AND RECORDS.; CONTENTS THEREOF, WHICH ARE DEPOSITED WITH THE AUTHORIZING SEC. 31. CONTENTS OF JOINT REGIONAL TRIAL COURT, SHALL BE AFFIDAVIT - THE JOINT AFFIDAVIT DEEMEDANDAREHEREBYDECLARED SHALL STATE: (A) THE IDENTIFYING CLASSIFIED INFORMATION, AND THE^ MARKS, NUMBERS, OR SYMBOLS OF THE SEALED ENVELOPE OR SEALED PACK- DEPOSITS, PLACEMENTS, TRUST AGE SHALL NOT BE OPENED AND ITS ACCOUNTS, ASSETS, AND RECORDS CONTENTS SHALL NOT BE DIVULGED, EXAMINED; (B) THE IDENTITY AND REVEALED, READ, ORUSED AS EVIDENCE ADDRESS OF THE BANK OR FINANCIAL UNLESS AUTHORIZED IN A WRITTEN INSTITUTION WHERE SUCH DEPOSITS, ORDEROFTHEAUTHOFUZINGREGIONAL PLACEMENTS, TRUST ACCOUNTS, TRIAL COURT, WHICH WRITTEN ORDER ASSETS, AND RECORDS ARE HELD AND SHALL BE GRANTED ONLY UPON ANEX MAINTAINED; (C) THE NUMBER OF PARTE WRITTEN APPLICATION OF THE BANK DEPOSITS, PLACEMENTS, TRUST DEPARTMENT OF JUSTICE FILED BEFORE ACCOUNTS, ASSETS, AND RECORDS THE AUTHORIZING REGIONAL TRIAL DISCOVERED, EXAMINED, AND FROZEN; COURT AND ONLY UPON A SHOWING (D) THE OUTSTANDING BALANCES OF THAT THE DEPARTMENT OF JUSTICE EACH OF SUCH DEPOSITS, PLACEMEBTS, HAS BEEN DULY AUTHORIZED IN TRUST ACCOUNTS, ASSETS; (E) ALL WRITING BY THE ANTI-TERRORISM INFORMATION, DATA, EXCERPTS, COUNCIL TO FILE THE EX PARTE SUMMARIES, NOTES, MEMORANDA, APPLICATION TO OPEN, REVEAL, WORKING SHEETS, REPORTS, DOCU- DIVULGE, AND USE THE CONTENTS OF MENTS, RECORDS EXAMINED AND THE SEALED ENVELOPE OR SEALED PLACED IN THE SEALED ENVELOPE OR PACKAGE AS EVIDENCE.; SEALED PACKAGE DEPOSED WITH THE SEC. 33. APPLICATION TO OPEN AUTHORIZING REGIONAL TRIAL COURT; DEPOSITED BANKMATERULS. -THE EX AND (F) THE DATE OF THE ORIGINAL PARE WRITTEN APPLICATION TO OPEN WRITTEN AUTHORIZATION GRANTED THE SEALED ENVELOPE OR SEALED BY THE ANTI-TERRORISM COUNCIL TO PACKAGE SHALL CLEARLY STATE THE THE APPLICANT TO FILE THE EXPARTE PURPOSE AND REASON: (A) FOR APPLICATION TO CONDUCT THE EXAM- OPENING THE SEALED ENVELOPE OR INATION OF THE SAID BANK DEPOSITS, SEALED PACKAGE (B) FOR REVEALXNG PLACEMENTS, TRUST ACCOUNTS, AND DISCLOSING ITS CLASSIFIED ASSETS AND RECORDS, AS WELL AS CONTENTS; AND, (C) FOR USING THE THE DATE OF ANY EXTENSION OR CLASSIFIED INFORMATION, DATA, RENEWAL OF THE ORIGINAL WRITTEN EXCERPTS, SUMMARIES, NOTES, MEMO- AUTHORIZATION GRANTED BY THE RANDA, WORKING SHEETS, REPORTS, AUTHORIZING REGIONAL TRIAL COURT. AND DOCUMENTS AS EVIDENCE.; THE JOINT AFFIDAVIT SHALL ALSO SEC. 34. EVIDENTIARY VALUE OF CERTIFY UNDER OATH THAT NO DEPOSITED BANK MATERIALS. - ANY DUPLICATES OR COPIES OF THE INFORMATION, DATA, EXCERPTS, INFORMATION, DATA, EXCERPTS, SUMMARIES, NOTES, MEMORANDA, SUMMARIES, NOTES, MEMORANDA, WORK SHEETS, REPORTS, OR DOCU- WORKING SHEETS, REPORTS, AND MENTS ACQUIRED FROM THE@ 560 WEDNESDAY, OCTOBER I I, 2006
EXAMINATION OF THE BANK DEPOSITS, EMPLOYEE, OFFICIAL, OR A MEM3ER OF PLACEMENTS, TRUST ACCOUNTS, THE BOARD OF DIRECTORS OF A BANK ASSETS, AND RECORDS OF (1) APERSON OR FINANCIAL INSTITUTION, WHO CHARGED OR SUSPECTEDFORTHE CRIME REFUSES TO ALLOW THE EXAMINATION OF TERRORISM OR THE CRIME OF OF THE DEPOSITS, PLACEMENTS, TRUST CONSPIRACY TO COMMIT TERRORISM, ACCOUNTS, ASSETS, AND RECORDS OF: (2) A JUDICIALLY DECLARED AND (1) A PERSON CHARGED WITH OR OUTLAWED TERRORIST ORGANIZATION, SUSPECTED FOR THE CRIME OF ASSOCIATION, OR GROUP OF PERSONS, TERRORISM OR THE CRIME OF OR (3) A MEMBER OF SUCH ORGANIZA- CONSPIRACY TO COMMIT TERRORISM, TION, ASSOCIATION, OR GROUP OF (2) A JUDICIALLY DECLARED AND PERSONS, WHICH HAVE BEEN SECURED OUTLAWED TERRORIST ORGANIZATION, NOT IN ACCORDANCE WITH THE ASSOCIATION, OR GROUP OF PERSONS, PERTINENT PROVISIONS OF THIS OR (3) A MEMBER OF SUCH ACT, SHALL ABSOLUTELY NOT BE ORGANIZATION, ASSOCIATION, OR ADMISSIBLE AND USABLE AS EVIDENCE GROUP OF PERSONS IN SAID BANK OR AGAINST ANYBODY IN ANY JUDICIAL, FINANCIAL INSTITUTION, WHEN DULY QUASI-JUDICIAL, LEGISLATIVE, OR SERVED WITH THE WRITTEN ORDER OF ADMINISTRATIVE INVESTIGATION, THE AUTHORIZING REGIONAL TRIAL INQUIRY, PROCEEDING, OR HEARING.; COURT SHALL BE GUILTY OF AN OFFENSE AND SHALL SUFFER THE SEC. 35. PENALTYFOR UNAUTHOR- PENALTY OF PRISION MAYOR IN ITS IZED EXAMINATION OF A BANK OR A MAXIMUM PERIOD.; FA‘AhCL4L AXYCTJTION - ANY PERSON, POLICE, MILITARY, OR GOVERNMENT SEC. 37. PENALTY FOR FALSE OR LAW ENFORCEMENT PERSONNEL WHO UNTRUTHFUL STATEMENT OR MIS- EXAMINES THE DEPOSITS, PLACE- REPRESENTATION OF MATERIAL FACT MENTS, TRUST ACCOUNTS, ASSETS, OR IN JOINT AFFIDA VITS. - ANY FALSE OR RECORDS IN A BANK OR FINANCIAL UNTRUTHFUL STATEMENT OR MIS- WSTITUTION OF (1) A PERSON CHARGED REPRESENTATION OF MATERIAL FACT WITH OR SUSPECTED FOR THE CRIME IN THE JOINT AFFIDAVITS REQUIRED OF TERRORISM OR THE CRIME OF RESPECTIVELY IN SECTION 12 AND CONSPIRACY TO COMMIT TERRORISM, SECTION 31 OF THIS ACT SHALL (2) A JUDICIALLY DECLARED AND CONSTITUTE A CRIMINAL OFFENSE 0U’LAWE.D TERRORIST ORGANIZATION, AND THE AFFIANTS SHALL SUFFER ASSOCIATION, OR GROUP OF PERSONS, INDWUALLY THE PENALTY OF PRISION OR (3) A MEMBER OF SUCH ORGANIZA- MAYOR IN ITS MAXIMUM PERIOD.; TION, ASSOCIATION, OR GROUP OF PERSONS, WITHOUT BEING AUTHORIZED SEC. 38. SEIZUREAND SEQUESTRA- TOWSOBY AREGIONALTRIALCOURT, TION. - THE DEPOSITS AND THEIR SHALL BE GUILTY OF AN OFFENSE AND OUTSTANDING BALANCES, PLACE- SHALL SUFFER THE PENALTY OF PRISION MENTS, TRUST ACCOUNTS, ASSETS, AND MAYOR IN ITS MAXIMUM PERIOD. RECORDS IN ANY BANK OR FINANCIAL INSTITUTION, MONEYS, BUSINESSES, SUSPENSION OF SESSION TRANSPORTATION AND COMMUNICA- TION EQUIPMENT, SUPPLIES AND OTHER IMPLEMENTS, AND PROPERTY OF Upon motion of Senator Enrile, the session was WHATEVERKINDANDNATUREBEUING- suspended. ING: (1) TO ANY PERSON CHARGED BEFORE A COMPETENT REGIONAL TRIAL It was 7.38 p.m. COURT FOR THE CRIME OF TERRORISM OR THE CRIME OF CONSPIRACY TO RESUMPTION OF SESSION COMMIT TERRORISM; (2) TO A JUDI- CIALLY DECLARED AND OUTLAWED At 7:38 p.m., the session was resumed. ORGANIZATION, ASSOCIATION, OR GROUP OF PERSONS; OR (3) TO A SEC. 36. PENALTY OF BANK MEMBER OF SUCH ORGANIZATION, OFFICIALS AND EMPLOYEES DEFYING ASSOCIATION, OR GROUP OF PERSONS A COURT AUTHORIZATION. - AN SHALL BE SEIZED, SEQUESTERED, AND P WEDNESDAY, OCTOBER I I, 2006 561 .- *
FROZEN IN ORDER TO PREVENT THEIR IFTHEPERSONCHARGEDWlTHTHE USE, TRANSFER, OR CONVEYANCE FOR CRIME OF TERRORISM OR CONSPIRACY PURPOSES THAT ARE INIMICAL TO THE TO COMMIT TERRORISM IS CONVICTED SAFETYANDSECURITYOFTHEPEOPLE BY AFlN4LJUDGMENTOFACOMPEZENT OR INJURIOUS TO THE INTEREST OF THE TRIAL COURT, HIS SEIZED, SEQUESTERED GOVERNMENT OR ANY OF ITS AND FROZEN BANK DEPOSITS, INsTRuMENTarrEs.; PLACEMENTS, TRUST ACCOUNTS, ASSETS, AND RECORDS .SHALL BE SEC. 39. NATURE OF SEIZED, AUTOMATICALLY FORFEITED IN FAVOR SEQUESTERED AND FROZEN BANK OF THE GOVERNMENT.; DEPOSITS, PLACEMENTS, TRUST ACCOUNTS, ASSETS, AND RECORDS. - SEC. 41. PENALTYFOR WVUSTTFIED THE SEIZED, SEQUESTEREDAND FROZEN REFUSAL TO RESTORE OR DELAY IN BANK DEPOSITS, PLACEMENTS, TRUST RESTORING SEIZED, SEQUESTERED AND ACCOUNTS, ASSETS, AND RECORDS FROZEN BANK DEPOSITS, PLACEMENTS, BELONGING TO A PERSON SUSPECTED TRUST ACCOUNTS, ASSETS, AND FOR OR CHARGED WITH THE CRIME OF RECORDS. - ANY PERSON WHO TERRORISM OR CONSPIRACY TO UNJUSTIFIABLY REFUSES TO RESTORE COMMlT TERRORISM SHALLBE DEEMED OR DELAYS THE RESTORATION OF AS PROPERTY HELD IN TRUST BY THE SEIZED, SEQUESTERED AND FROZEN BANK OR FINANCIAL INSTITUTION FOR BANK DEPOSITS, PLACEMENTS, TRUST SUCH PERSON AND THE GOVERNMENT ACCOUNTS, ASSETS, AND RECORDS OF DURING THE PENDENCY OF THE A PERSON SUSPECTED FOR OR CHARGED INVESTIGATION OF THE PERSON WITH THE CRIME OF TERRORISM OR SUSPECTED FOR OR DURING THE CONSPIRACY TO COMMIT TERRORISM PE”CY OFTHETRIALOFTHEPERSON AFTER SUCH SUSPECTED PERSON HAS CHARGED WITH ANY OF THE SAID BEEN FOUND INNOCENT BY THE CRIMES, AS THE CASE MAY BE.; INVESTIGATING BODY OR AFTER THE CASE AGAINST SUCH C€kRGED PERSON SEC. 40. DISPOSll7ONOF THESEZED, HAS BEEN DISMISSED OR AFTER HE IS SEQUESTERED AND FROZEN BANK ACQUITTED BY A COMPETENT COURT DEPOSITS, PLACEMENTS, TRUST SHALL BE GUILTY OF AN OFFENSE AND ACCOUNTS, ASSETS AND RECORD. - IF SHALL SUFFER THE PENALTY OF PRISON THE PERSON SUSPECTED FOR OR MAYOR IN ITS MAXIMUM PERIOD. CHARGED WITH THE CRIME OF TERRORISM OR CONSPIRACY TO SUSPENSION OF SESSION COMMIT TERRORISM IS FOUND, AFTER HIS INVESTIGATION, TO BE INNOCENT BY THE INVESTIGATING BODY, OR IS Upon motion of Senator Pangilinan, the session ACQUITTED, AFTER HIS ARRAIGNMENT was suspended. OR HIS CASE IS DISMISSED BEFORE HIS ARRAIGNMENT BY A COMPETENT It was 7146 p. m COURT, THE SEIZURE, SEQUESTRATION AND FREEZING OF HIS BANK DEPOSITS, RESUMPTION OF SESSION PLACEMENTS, TRUST ACCOUNTS, ASSETS, AND RECORDS SHALL At 7:46 p. m., the session was resumed. FORT” BE DEEMED LIETED BY THE INVESTIGATING BODY OR BY THE With the permission of the Body, as proposed COMPETENT COURT, AS THE CASE MAY BE, AND HIS BANK DEPOSITS, by Senator Pangilinan, there being no objection, the PLACEMENTS, TRUST ACCOUNTS, Body approved the following committee amendments, ASSETS, AND RECORDS SHALL BE one after the other: DEEMED RELEASED FROM SUCH SEIZURE, SEQUESTRATION AND SEC. 42. PENALTY FOR THE LOSS, FREEZING, AND SHALL BE RESTORED TO MISUSE, DIVERSION OR DISSIPATION OF HIM WITHOUT ANY DELAY BY THE SEIBD, SEQUESTERED AND FROZEN BANK OR FINANCIAL INSTITUTION BANK DEPOSITS, PLACEMENTS, TRUST CONCERNED WITHOUT ANY FURTHER ACCOUNTS, ASSETS, AND RECORDS. - ACTION ON HIS PART. ANY PERSON WHO IS RESPONSIBLE FOR 562 WEDNESDAY, OCTOBER 1 I, 2006
THE LOSS, MISUSE, DIVERSION, OR TRL4LCOURTTO W SO IN THE MANNER DISSIPATION OF THE WHOLE OR ANY PROVIDED IN THIS ACT, REVEALS IN ANY PART OF THE SEIZED, SEQUESTERED AND MANNER OR FORM ANY CLASSIFIED FROZEN BANK DEPOSlTS, PLACEMENTS, INFORMATION UNDER THIS ACT SHALL TRUST ACCOUNTS, ASSETS, AND BE GUILTY OF AN OFFENSE AND SHALL RECORDS OF A PERSON SUSPECTED FOR SUFFER THE PENALTY OF PRISION OR CHARGED WITH THE CRIME OF MAYOR IN ITS MAXIMUM PERIOD.; TERRORISM OR CONSPIRACY TO COMhaERRORISM SHALL BE GUETY SEC. 46. PENATYFOR FURNISHING OF AN OFFENSE AND SHALL SUFFER FALSE EVIDENCE, FORGED DOCUMENT THE PENALTY OF PRISIONMYOR IN ITS OR SPURIOUS EVIDENCE. - ANY PERSON MAXIMUM PERIOD.; WHO KNOWINGLY FURNISHES FALSE TESTIMONY, FORGED DOCUMENT, SEC. 43. m(FLDELITylNlKE CUSTODY OR SPURIOUS EVIDENCE IN ANY OF DETAINED PERSONS. - ANY PUBLIC INVESTIGATION OR HEARING UNDER OFFICER WHO HAS DIRECT CUSTODY OF THIS ACT SHALL BE GUILTY OF AN A DETAINED PERSON UNDER THE OFFENSE AND SHALL SUFFER THE PROVISIONS OF THIS ACT AND WHO BY PENALTY OF RECLUSION TEMPORAL. HIS DELIBERATE ACT, MISCONDUCT, OR INEXCUSABLE NEGLIGENCE CAUSES OR PAGE 15 ALLOWS THE ESCAPE OF SUCH DETAINED PERSON SHALL BE GUILTY OF 34. On line 13, replace the number “20” with the AN OFFENSE AND SHALL SUFFER THE number 47. On the same line, delete the PENALTY OF: (A) PRISION TEMPORAL, IF phrase “There is hereby created.” Thereafter, THE DETAINED PERSON HAS ALREXDY capitalize the letter “a” in the article “an”; BEENCONVICTEDANDSENTENCEDINA 35. On line 14, after the word “to,” insert the FINAL JUDGMENT OF A COMPETENT words FOR BREVITY. On the same line, COURT; AND (B) PRISIONUYOR, IF THE after the word “council,” insert the words IS DETAINED PERSON HAS NOT BEEN HEREBY CREATED followed by a period (.) CONVICTED AND SENTENCED IN A and thereafter, delete the phrase “which shall FINAL JUDGMENT OF A COMPETENT serve as the central policy-”; COURT.; 36. Delete lines 15 and 16; SEC. 44.IWMUMTYAND PROTECTTON OF GOVERNMENT WlTWESSES. - ANY 37. On line 17, delete the words “control of‘ PERSON WHO PROVIDES MATERIAL and in lieu thereof, insert the phrase THE TESTIMONIAL OR DOCUMENTARY MEMBERS OF THE COUNCIL ARE followed EVIDENCE LEADING TO THE APPREHEN- by a colon (:). On the same line, capitalize SION, ARREST, AND DETENTION OF A the letter “t” in the word “the” before the PERSON CHARGED WITH OR SUSPECTED word “president.” After the word “president,” FOR THE CRIME OF TERRORISM OR insert the words OF THE PHILIPPINES. On CONSPIRACY TO COMMIT TERRORISM the same line, after the word “shall,” delete AND WHO BECOMES A MATERIAL the words “serve as” and replace the same WITNESS FORTHEGOVERNMENTINTHE with the word BE. After the comma (,) PROSECUTION OF THE SAID PERSON following the word “chairperson,” delete the SHALL BE IMMUNE FROM PROSECUTION words “with the National Security” and in FOR ANY OF THE SAID CRIMES, AND, IN lieu thereof, insert the number (2) and the ADDITION, HE SHALL BE ENTITLED TO words THE VICE PRESIDENT OF THE BE PLACED UNDER THE WITNESS PHILIPPINES, WHO SHALL BE ITS VICE PROTECTION PROGRAM UNDER CHAIRPERSON, AND, REPUBLIC ACT NO. 698 1 .; 38. On line 18, delete the words “Adviser as its SEC. 45. PENALTY FOR UNAUTHOR- chairperson, and with the following IZED REVELATION OF CLASSIFIED members:.”. On the same line, before the UTEMALS.-ANY PERSON, POLICE OR word “Secretary,” insert the number (3) and MILITARY PERSONNEL, GOVERNMENT the article “the”; LAW ENFORCEMENT AGENT, JUDICIAL OFFICER, OR CIVIL SERVANT WHO, NOT 39. On line 19, before the words “Secretary of BEING AUTHORIZED BY THE REGIONAL Foreign Affairs,” insert the number (4) and WEDNESDAY, OCTOBER I I, 2006 .- 563
the word THE. On the same line, before the COUNTRY AND TO PROTECT THE PEOPLE words “Secretary of National Defense,” insert FROM ACTS OF TERRORISM.; the number (5) and the word THE. On the same line, before the third word “Secretary,” PAGE 16 inrert the number (6) and the word THE, 42. Delete lines 1 to 9; 40. On line 20, after the words “Local Govemment;,”,delete the words starting from 43. On line IO, replace the number 21 with the “Secretary” to “General” at the end of the number 48; line and in lieu thereof, insert AND, (7) THE 44. On the same line, after the word “mandate.” NATIONAL SECURITY ADVISOR, AS ITS delete the words “under Section 19” and MEMBERS; before thercomma (J, insert the words IN 41. Delete lines 21 and 27 and in lieu thereof, THE.PRVIOUS SECTION; insert the following new subparagraphs: 45. On line 11, capitalize the letter “c” in the THE COUNCIL SHALL BE THE word “council”; SUPREME BODY TO IMPLEMENT THIS 46. On line 12, after the word “formulate,” delete ACT AND TO ASSUME THE RESPONS- rnrn~~~m~~~~mrnmmthe word “policies” and insert the words ADOPT; IMPLEMENTATION OF THE ANTI- AND TERRORISM POLICY OF THE COUNTRY. 47. On the same line, after the word “plan,” THE COUNCIL SHALL KEEP RECORDS OF insert a comma (,) and the word PROGRAMS; ITS PROCEEDINGS AND DECISIONS. ALL RECORDS OF THE COUNCIL SHALL BE 48. On the same line, after the word “and,” SUBJECT TO SUCH SECUFUTY CLASS- before the word “measures,” insert the word IFICATIONS AS THE COUNCIL MAY, IN COUNTER, delete the comma ( , ) and replace ITS JUDGMENT AND DISCRETION, the words “and conduct research and studies” DECIDE TO ADOPT TO SAFEGUARD THE with AGAINST TERRORIST AND ACTS SAFETY OF THE PEOPLE, THE SECURITY OF TERRORISM IN THE COUNTRY, OF THE REPUBLIC, AND THE WELFARE, OF THE NATION. 49. Delete lines 13 to 15; IN ADDITION TO ITS PRESENT 50. On line 16, replace the number “3” with FUNCTION, THE NATIONAL INTEL- number 2,~afterthe word “coordinate,” delete LIGENCE CWRDlNATNG AGENCY SHALL the rest of the line then insert the phrase BE THE SECRETARIAT OF THE COUNCIL. ALL NATIONAL EFFORTS TO SUPPRESS THE COUNCIL SHALL DEFINE THE AND ERADICATE; POWERS, DUTIES, FUNCTIONS OF AND 51. On line 17, delete the phrase “measures THE NATIONAL INTELLIGENCE COOR- to prevent and suppress,” after the word DINATING AGENCY AS SECRETARIAT OF “terrorism,” before the semicolon ( ; ), insert THE COUNCIL. THE NATIONAL BUREAU the phrase IN THE COUNTRY AND OF INVESTIGATION, THE BUREAU OF MOBILIZE THE ENTIRE NATION AGAINST IMMIGRATION, THE OFFICE OF CIVIL TERRORISM PROSCRIBED IN THIS ACT; DEFENSE, THE INTELLIGENCE SERVICE OF THE ARMED FORCES OF THE PHILIP- 52. Delete lines 18 to 19; PINES, THE ANTI-MONEY LAUNDERING 53. On line 20, replace the number “5” with COUNCIL, THE PHILIPPINE CENTER ON number 3, delete the words “cause or,” TRANSNATIONAL CRIME, AND THE capitalize the letter “8’ in the word “direct”; PHILIPPINE NATIONAL POLICE INTEL- LIGENCE AM> WVESTIGATIVE ELEVENTS 54. ’ On the same line, after the word “the,” replace SHALL SERVE AS SUPPORT AGENCIES the word “immediate” with the word SPEEDY, FOR THE COUNCIL. after the word “and,” delete the word “speedy,” after the word “of,” insert the phrase ALL THE COUNCIL SHALL FORMULATE AM)AWPTCOMPRE”SlVE,ADEQUAE PERSONS DETAINED FOR THE CRlME OF; EFFICIENT, AND EFFECTIVE ANTI- 55. On line 21, delete the words “cases involving TERRORlSM PLANS, PROGRAMS, AND acts of,” and after the word “terrorism,” COUNTER-MEASURES TO SUPPRESS insert the phrase OR CONSPIRACY TO AND ERADICATE TERROIUSM IN THE COMMIT TERRORISM; w 564 WEDNESDAY, OCTOBER 11,2006
56. On the same line, after the word “of,” replace THE ARMED FORCES OF THE PHILIP- the word “such” with the word THEIR; PINES, AND OTHER LAW ENFORCE- MENT AGENCIES OF THE GOVERN- 57. Delete lines 22 and 23; MENT TO COMBAT TEFXOZISTS 58. On line 24, replace the number “7” with AND TO SUPPRESS AND ERNXCATE number 4; after the word “establish,” replace TERRORISM IN THE COUNTRY ; the article “a” with the words AND MAIN- TAIN; after the word “on,” delete the word PAGE 17 ‘Canti-”. 65. Delete lines 1 to 8; 59 On line 25, after the word “terrorism,” insert 66. On line 9. reolace. the number “23” with the a comma (,) and the words TERRORIST number 49; before the word “the,” insert the ACTMTIES; phrase AS INITIAL FUNDING FOR THE COUNCIL followed by a comma (,), and 60. On the same line, after the word “operations,” change the capital letter “T” in the word to delete the words “and post conflict actions” a lower case; before the semicolon (;); 67. On the same line, replace the words “twenty- 61. On line 26, replace the number “8” with the five”. with the word FIFTY, number 5, delete the words “approve the system of,” capitalize the letter “g” in word 68. On line 10, replace the fibre “25,000,000.00” “grant,” delete the word “of,” and after the with the figure 50,000,000.00; word “and,” insert the word OTHER; 69. On the same line, after the word “appro- 62. On line 27, replace the word “informant” with priated,” insert a comma ( ,) and replace the INFORMERS, and after the word “who,” phrase “to the council as initial funding” delete the words “are willing to”; with the phrase WHICH SHALL BE; 63. On the same line, after the word “information,” 70. On line 12, ater the word “to,” delete the replace the phrase “to build np case for” word “effectively”; with LEADING TO THE APPREHENSION, ARREST, DETENTION, AND PROSECU- 71. On the same line, after the word “out,” insert TION OF PERSONS WHO ARE LIABLE the word EFFECTIVELY; FOR THE CRIME OF TERRORISM OR 72. Deletehes 14 to 20; CONSPIRACY TO COMMIT TERRORISM, 73. On line 21, replace the number “25” with the 64. Delete line 28 and insert new subsections number 50, and delete the words “except as to read as follows: provided in the”; 5. ESTABLISH AND MAINTAIN 74. On the same page, delete liiles 22 to ‘26 and COORDINATION WITH AND THE insert a new paragraph under Section 50 to COOPERATION AND ASSISTANCE read as follows: OF OTHER NATIONS IN THE BATTLE AGAINST INTERNATIONAL SUBJECT TO ANY CONTRARY PROVI- TERRORISM; SION OF AN EXSTING TREATY OF WHICH THE PHILIPPINES IS A SIGNATORY AND 7. SEEK THE COOPERATION AND TO ANY CONTRARY PROVISION OF ANY ASSISTANCE OF THE SUPREME LAW OF PREFERENTIAL APPLICATION, COURT TO SPECIALLY DESIGNATE THE PROVISIONS OF THIS ACT SHALL SPECIFIC REGIONAL TRIAL COURTS APPLY (1) TO INDIVIDUAL. PERSONS WHO TO HANDLE ALL CASES INVOLVING COMMIT ANY OF THE CRIMES DEFINED THE CRIME OF TERRORISM OR AND PUNISHED IN THIS ACT WITHIN CONSPIRACY TO COMMIT TERROR- THE TERRESTRIAL DOMAIN, INTERIOR ISM AND ALL MATTERS INCIDENT WATERS, MARITIME ZONE, AND AIR- TO SAID CRIMES; AND SPACE OF THE’PHILIPPINES; (2) TO Y . CREATE, MAINTAIN, DIRECT, AND INDIVIDUAL PERSONS WHO, KTIIOUGH USE WHEN IT IS ADVISABLE TO DO PHYSICALLY OUTSIDE TKE TERRITORIAL SO, A WEUTRAINED, WELARMED, LIMITS OF THE PHILIPPINES, COMMIT, AND WELL-SUPPORTED SPECIAL CONSPIRE OR PLOT TO COMMIT ANY OF COMPOSITE ACTION FORCE FROM THECRIMESDEFINEDANDPUNISI&DW THE PHILIPPINE NATIONAL POLICE, THIS ACT INSIDE THE TERRITORIAL8 WEDNESDAY, OCTOBER~I.I,2006 565 ,.. .. ,
LIMITS OF THE PHILIPPINES; (3) TO AN ACT TO DEFINE AND PUNISH INDIVIDUAL PERSONS WHO, ALTHOUGH THE CRIMES OF TERRORISM PHYSICALLY OUTSDE~.~ORJAL AND CONSPIRACY TO COMMIT LIMITS OF THE PHILIPPINES, COMMIT TERRORISM AND OTHER ACTS ANY OF THE SAlD CRIMES ON BOARD INCIDENT THERETO, AND FOR PHILIPPINE SHIP ORPHILIPPINE AIRSHIP; OTHERPURPOSES. AND (4) TO INDIVIDUAL PERSONS WHO COMMIT ANY OF SAID CRIMES TERMINATION OF THE PEFSOD WITHIN ANY EMBASSY, CONSULATE, OR OF COMMITTEE AMENDMENTS DIPLOMATIC PREMISES OF THE PHILIPPINES ABROAD. There being no other committee amendment, upon motion of Senator Pangilinan, there being no PAGE 18 objection, the Body closed the period of committee 75. Delete lines 1 to 3; amendments.
76. On line 4, replace the number “27” with the CLEAN COPY OF THE BILL number 51, and after the word “If,” insert the phrase FOR REASON ANY PART OR; ANY Senator Pangilinan requested the Secretariat to 11. On the same line, after the word “provision,” prepare a clean copy of the amended version of delete the words “or portion,” and at the end the bill. of the line, delete the words “or the”; SUSPENSION OF CONSIDERATION 78. On line 5, delete the phrase “application thereof to any person or circumstance”; and after the OF SENATE BILL NO. 2137 word “declared,” delete the words “to be”; Upon motion of Senator Pangilinan, there being 79. On line 6, after the word “other,” insert the no objection, the Body suspended consideration of words PARTS OR; the bill. 80. On the same line, after the word PROVISIONS replace the phrase “or portions of this Act, COMMITTEE REPORT NO. sa and the application of such provision” with ON SENATE BILL NO. 2231 the phrase HEREOF WHICH ARE NOT (Continuation) AFFECTED THEREBY SHALL REMAIN AND CONTINUE TO BE IN FULL FORCE Upon motion of Senator Pangilinan, there being AND EFFECT; no objection, the Body resumed consideration, on Second Reading, Senate 2231 81. Delete lines 8 to 10; of Bill No. (Committee Report No. 58), entitled 82. On line 11 replace the number “29” with the number 52; AN ACT AMENDING REPUBLIC ACT NO. 8436, ENTITLED AN ACT 83. On line 14, replace the number “30” with the AUTHORIZING THE COMMISSION number 53, and after the word EFFECT, insert the words ON THE; ON ELECTIONS TO USE AN AUTOMATED ELECTION SYSTEM 84. On the same line, replace the word “fifteen” IN THE MAY 11, 1998 NATIONAL with the word FIFTEENTH and delete the OR LOCAL ELECTIONS AND IN figure (15), delete the letter “s” from the word SUBSEQUENT NATIONAL AND “days” and replace the word “after” with the LOCAL ELECTORAL EXERCISES, word FOLLOWING, PROVIDING FUNDS THEREFOR 85. On line 15, delete the word “complete,” and AND FOR OTHER PURPOSES. after the preposition “in,” delete the phrase “the Official Gazette or”; Senator Pangilinan stated that the parliamentary status was still the period of individual amendments. 86. On the same line, after thenumber (2), insert the word NATIONAL; and Thereupon, the Chair recognized Senator Gordon, 87. Reword the titkof the bill as follows: Sponsor of the measure.,y la 566 .. . WEDNESDAY, OCTOBER I I. 2006
WORKING DRAFT SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2231 Senator Gordon announced that the working draft was the version of the bill as of October 10, Upon motion of Senator Pangilinan, there being 2006. no objection, the Body suspended consideration of the bill. SUSPENSION OF SESSION COMMITTEE REPORT NO. 106 Upon motion of Senator Pangilinan, the session ON SENATE BILL NO. 1972 was suspended. (Continuation)
It was 8:22 p.m Upon motion of Senator Pangilinan, there being no objection, the Body resumed consideration, on RESUMPTION OF SESSION Second Reading, of Senate Bill No. 1972 (Committee Report No. 106), entitled At 8:27 p.m., the session was resumed. AN ACT DECLARING EVERY MAY 7 Senator Gordon informed the Body that the OF EVERY YEAR AS “HEALTH new draft incorporated all the amendments that WORKERS DAY.” the Committee accepted, including those of Senator Madrigal. He said that the proposed amendments Senator Pangilinan stated that the parliamentary of Senator Lacson to add an additional day for the registration of voters to accommodate the registration status was the period of interpellations. of 3% of the population every three years would also be incorporated in the bill. He said that although the TERMINATION OF THE PERIOD Comelec disagrees with the proposal, Congress has OF INTERPELLATIONS the final say. There being no interpellation, upon motion of Thereupon, the Chair recognized Senator Osmeiia Senator Pangilinan, there being no objection, the for his amendments. Body closed the period of interpellations.
SUSPENSION OF SESSION TERMINATION OF THE PERIOD OF AMENDMENTS Upon motion of Senator Osmeiia, the session was suspended. There being no committee or individual amend- ments, upon motion of Senator Pangilinan, there It was 8:29 p.m. being no objection, the Body closed the period of amendments. RESUMPTION OF SESSION APPROVAL OF SENATE BILL NO. 1972 At 8:29 p.m., the session was resumed. ON SECOND READING
SUSPENSION OF SESSION Submitted to a vote, there being objection, Senate Bill No. 1972 was approved on Second With the permission of the Body, the Chair Reading. suspended the session. SUSPENSION OF CONSIDERATION Zt was 8:30 p.m. OF SENATE BlLL NO. 1972
RESUMPTION OF SESSION Upon motion of Senator Pangilinan, there being no objection, the Body suspended consideration of At 9:Ol p.m., the session was resumed, the bill. dY P WEDNESDAY, OCTOBER I I, 2006 $67
SUSPENSION OF SESSION AT THE CITY OF ANTIPOLO, AMENDING FOR THE PURPOSE Upon motion of Senator Pangilinan, the session BATAS PAMBANSA BLG. 129, was suspended. OTHERWISE KNOWN AS THE “JUDICIARY REORGANIZATION It was 9.04 p.m. ACT OF 1980,” AND APPROPRIAT- ING FUNDS THEREFOR, RESUMPTION OF SESSION recommending its approval without amendment. At 9:05 p.m., the session was resumed. Sponsor: Senator Enrile THIRD ADDITIONAL REFERENCE To the Calendar for Ordihqry Business OF BUSINESS Committee Report No. 131, submitted jointly by the The Deputy Secretary for Legislation read Committees on Justice and Human Rights; and the following matters and the Chair made the Finance on House Bill No. 5095, introduced by corresponding referrals: Representative Castro, et al., entitled COMMITTEE REPORTS AN ACT CREATING AN ADDITIONAL Committee Report No. 129, subnlitted jointly by the BRANCH OF THE REGIONAL Committees on Justice and Human Rights: and TRIAL COURT TO BE^ STATIONED Finance on House Bill No. 1308, introduced by AT THE MUNICIPALITY OF Representative Cabilao, et nl., entitled DUMALAG, AND’FOURBRANCHES OF THE MUNICIPAL TRIAL COURT AN ACT ESTABLISHING AN ADDlTIONAL TO BE STATIONED AT THE BRANCH OF THE REGIONAL MUNICIPALITIES OF TAPAZ, TRIAL COURT IN THE PROVINCE SAPIAN, CUARTERO AND SIGMA OF ZAMBOANGA SIBUGAY TO BE OF THE PROVINCE OF CAPIZ, STATIONED AT THE MUNICI- AMENDING FOR THE PURPOSE PALITY OF IMELDA, AMENDING SECTION 14 (G) AND SECTION 30 FOR THE PURPOSE SECTION 14, OF BATAS PAMBANSA BLG. 129, PARAGRAPH (J) OF BATAS OTHERWISE KNOWN AS THE PAMBANSA BLG. 129, OTHERWISE “JUDICIARY REORGANIZATION KNOWN AS THE “JUDICIARY ACT OF 1980,” AS AMENDED, REORGANIZATION ACT OF 1980,” MPROPlUATING FUNDS THEREFOR AS AMENDED, AND PROVIDING AND FOR OTHER PURPOSES, FUNDS THEREFOR, recommending its approval without amendment. recommending its approval without amendment.
Sponsor: Senator Enrile Sponsor: Senator Enrile
To the Calendar for Ordinary Business To the Calendar for Ordinary Business
Committee Report No. 130, submitted jointly by the Committee Report No. 132, submitted jointly by the Committees on Justice and Human Rights; and Cominittees on Justice and Human Rights; and Finance on House Bill No. 3043, introduced by Finance on-House Bill No. 462, introduced by Representative Sumulong, et al., entitled Representative Chidngbian, et al., entitled
AN ACT CREATING FOUR AN ACT CREAT@IG TWO ADDlTIONAL ADDITIONAL REGIONAL TRIAL REGIONAL TRIAL COURTS IN THE COURT BRANCHES AND TWO PROVINCE OF SARANGANI WITH ADDITIONAL MUNICIPAL TRIAL SEATS AT THE MUNICIPALITY COURT BRANCHES WlTH STATION OF ALABEL, AMENDING FOR&- 568 WEDNESDAY, OCTOBER I I, 2006 ..
THE PURPOSE PARAGRAPH (I), recommending its approval without amendment. SECTION 14 OF BATAS PAMBANSA BLG. 129, AS AMENDED, OTHER- Sponsor: Senator Enrile WISE KNOWN AS THE “JUDICIARY REORGANIZATION ACT OF 1980,” To the Calendar for Ordinary Business
recommending its approval without amendment. Committee Report No. 135, submitted jointly by the Committees on Justice and Human Rights; and Sponsor: Senator Enrile Finance on House Bill No. 4739, introduced by Representative Datumanong, et al., entitled To the Calendar for Ordinary Business AN ACT CREATING AN ADDITIONAL Committee Report No. 133, submitted jointly by the REGIONAL TRIAL COURT BRANCH Committees on Justice and Human Rights; and IN SHARIFF AGUAK, MAGUINDANAO Finance on House Bill No. 4327, introduced by AND TWO MUNICIPAL TRIAL Representative Abayon, et al., entitled COURT IN CITIES BRANCHES IN COTABATO CITY, AMENDING FOR AN ACT CREATING ONE ADDITIONAL THIS PURPOSE SECTIONS 14(M) REGIONAL TRIAL COURT BRANCH AND 29 OF BATAS PAMBANSA FOR THE PROVINCE OF NORTHERN BLG. 129, OTHERWISE KNOWN AS SAMAR, WITH STATION AT THE THE “JUDICIARY REORGANJZATION MUNICIPALITY OF SAN ISIDRO, ACT OF 1980,” AS AMENDED, AND AMENDING FOR THE PURPOSE PROVIDING FUNDS THEREFOR, SECTION 14, PARAGRAPH (I) OF BATAS PAMBANSA BLG. 129, recommending its approval without amendment. OTHERWISE KNOWN AS THE “JUDICIARY REORGANIZATION Sponsor: Senator Enrile ACT OF 1980,” AS AMENDED, AND PROVIDING FUNDS THEREFOR, To the Calendar for Ordinary Business
recommending its approval without amendment. Committee Report No. 136, submitted jointly by the Committees on Justice and Human Rights; and Sponsor: Senator Enrile Finance on House Bill No. 4976, introduced by Representative Zialcita, et al., entitled To the Calendar for Ordinary Business AN ACT CREATING FNE ADDmONAL Committee Report No. 134, submitted jointly by the METROPOLITAN TRIAL COURT Committees on Justice and Human Rights; and BRANCHES FOR THE CITY OF Finance on House Bill No. 4393, introduced by PARAfiAQUE, AMENDING FOR Representative Dumarpa, et al., entitled THE PURPOSE SECTION 27 OF BATAS PAMBANSA BLG.. 129, AN ACT CREATING AN ADDITIONAL OTHERWISE KNOWN AS “THE BRANCH OF THE REGIONAL JUDICIARY REORGANIZATION TRIAL COURT IN THE PROVINCE ACT OF 1980,” AS AMENDED, AND OF LANA0 DEL SUR TO BE APPROPRIATING FUNDS THEREFOR STATIONED AT THE MUNICI- PALITY OF WAO, AMENDING FOR reconmending its approval without amendment. THE PURPOSE SECTION 14, PARAGRAPH (M) OF BATAS Sponsor: Senator Enrile PAMBANSA BLG. 129, OTHERWISE KNOWN AS THE “JUDICIARY To the Calendar for Ordinary Busiuess REORGANIZATION ACT OF 1980,” AS AMENDED, AND APPROPRIAT- Committee Report No. 137, submitted jointly by the ING FUNDS THEREFOR, Committees on Justice and Human Rights; andr yo WEDNESDAY, OCTOBER 11,2006 , 569 ,_ ,, . .~, . . . L .. . ., ,., . .
Finance on House Bill No. 506 1, introduced by AN ACT CREATfiG AN ADDITIONAL Representative Zamora (M.), et al., entitled BRANCH OF THE MUNICIPAL TRIAL COURT IN THE MUNICI- AN ACT CREATNG TWO ADDITTONAL PALITY OF DAET, PROVINCE OF BRANCHES OF THE REGIONAL CAMARmES NORTE, AMENDING TRIAL COURT IN THE PROVINCE FOR THE PURPOSE SECTION 30 OF COMPOSTELA VALLEY TO BE OF BATAS PAMBANSA BILANG STATIONED AT THE MUNICIPAL- 129, OTHERWISE KNOWN AS THE ITIES OF COMPOSTELA AND “JUDICIARY REORGANIZATION MABINI, AMENDING FOR THE^ ACT OF^ 1980,” AS AMENDED, AND PURPOSE SECTION 14, PARAGRAPH APPROPRTAllNG FUNDS THEREFOR, (L) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS THE recoriunending its approval without amendment. “JUDICIARY REORGANIZATION ACT OF 1980,” AS AMENDED, AND Sponsor: Senator Enrile APPROPRIATING FUNDS THEREFOR TO the Calendar for Ordinary Business recommendihg its approval without amendment. Committee Report No. 140, submitted jointly by the Sponsor: Senator Enrile Committees on Justice and Human Rights; and Finance on House Bill No. 51 17, introduced by To the Calendar for Ordlnary Busihess Representative Roquero, et al., entitled
CommitteeReport No. 138, submitted jointly by the AN ACT CREATING TWO ADDITIONAL Committees on Justice and Human Rights; and BRANCHES OF THE MUNICIPAL Finance on House Bill No. 5071, introduced by TRIAL COURT IN CITIES (MTCC) Representative Gullas, et al., entitled IN THE CITY OF SAN JOSE DEL MONTE, PROVINCE OF BULACAN, AN ACT CREATING TWO BRANCHES AMENDING FOR THE PURPOSE OF THE REGIONAL TRIAL COURT SECTION 29 OF BATAS PAMBANSA AND AN ADDITIONAL BRANCH BLG. 129, OTHERWISE KNOWN AS OF THE MUNICIPAL TRIAL COURT ‘‘THJi JUDICIARY REORGANIZATION IN CITIES FOR THE PROVINCE OF ACT OF 1980,” AS AMENDED, AND CEBU TO BE STATIONED AT THE APPROPRIATING FUNDS THEREFOR, CITY OF TALISAY, AMENDING FOR THE PURPOSE SECTION 14, recommending its approval without amendment. PARAGRAPH (H) AND SECTION 29 OF BATAS PAMBANSA BLG. 129, Sponsor: Senator Enrile OTHERWISE KNOWN AS THE “JUDICIARY REORGANIZATION To the Calendar for Ordinary Business ACT OF 1980,” AS AMENDED, AND APPROPRIATING FUNDS THEREFOR, Committee Report No. 141, submitted jointly by the Committees on Justice and Human Rights; and recommending its approval without ,amendment. Finance on House Bill No. 5124, introduced by Representative Martinez, et nl., entitled Sponsor: Senator Enrile AN ACT CREATING AN ADDITIONAL To th.e Calendar for Ordinary Business BRANCH OF THE REGIONAL TRIAL COURT IN THE PROVINCE Committee-Report No. 139, submittetl jointly by the OF CEBU TO BE STATIONED AT Committees on Justice and Human Rights: and THE^ MUNICIPALITY OF BOGO, Finance on House Bill No. 51 16, introduced by AMENDING FOR THE PURPOSE Representative Unico, et nL, entitled SECTION 14, PARAGRAPH (H) OF$* P 570 WEDNESDAY, OCTOBER I I, 2006 .. I , .,. . ..
BATAS PAMBANSA BLG. 129, ACT OF 1980,” AS AMENDED, AND OTHERWISE KNOWN AS THE APPROPRIATING FUNDS THEREFOR, “JUDICIARY REORGANIZATION ACT OF 1980,” AS AMENDED BY recommending.its approval without amendment. REPUBLIC ACT NO. 7154, AND APPROPRIATING FUNDS THEREFOR Sponsor: Senator Enrile
recommending its approval without amendment. To the- Calendar for Ordinq’y Business
Sponsor: Senator Enrile Committee Repart No. 144, submitted jointly by the Committees on Justice.and Human Rights; and To the Calendar for Ordinary Business Finance on House Bill No. 5127, introduced by Representative Dangwa, et nl,. entitled Committee Report No. 142, submitted jointly by the Committees on Justice and Human Rights; and AN ACT CREATING AN ADDITIONAL Finance on House Bill No. 5125, introduced by BRANCH OF THE MUNICIPAL Representative Chipeco, et nl., entitled TRIAL COURT IN THE MUNICI- PALITY OF LA TRINIDAD, PROVINCE AN ACT CREATING THREE BRANCHES OF BENGUET, AMENDING FOR THE OF THE REGIONAL TRIAL COURT PURPOSE SECTION 30 OF BATAS IN THE PROVINCE OF LAGUNA PAMBANSA BLG. 129, OTHERWISE TO BE STATIONED AT THE KNOWN AS THE “JUDICIARY MUNICIPALITY OF CABUYAO, REORGANIZATION ACT OF 1980,” AMENDING FOR THE PURPOSE SECTION 14, PARAGRAPH (E) OF recommending its approval without amendment. BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS THE Sponsor: Senator Enrile “JUDICIARY REORGANIZATION ACT OF 1980,” AS AMENDED, To the Caleridar for Ordinary Busidess APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES, Committee Report No. 145, submitted jointly by the Committees on Justice and Human Rights; and recommending its approval without amendment. Finance on House Bill No. 5128, introduced by Representative Garcia (A,), et al., entitled Sponsor: Senator Enrile AN ACT CREATING Ah? ADDITIONAL To the Calendar for Ordinary Buscuess BRANCH OF THE REGIONAL TRIAL COURT IN THE MUNICI- Committee Report No. 143, submitted jointly by the PALITY OF PILAR, PROVINCE OF Committees on Justice and Human Rights; and BATAAN, AMENDING FOR THE Finance on House Bill No. 5126, introduced by PURPOSE SECTION 14, PARA- Representative Malapitan, et a-I., entitled GRAPH (C) OF BATAS PAMBANSA BLG. 129, OTHERWISE KNOWN AS AN ACT CREATING FOUR ADDlTIONAL THE “JUDICIARY REORGANEATION METROPOLITAN TRIAL COURT ACT OF 1980,” AS AMENDED BY BRANCHES FOR CALOOCAN CITY, REPUBLIC ACT NO. 7154, AND WITH STATIONS AT CALOOCAN APPROPlWXNG FUNDS THEREFOR CITY NORTH AND CALOOCAN CITY PROPER, AMENDING FOR recommending its approval without amendment. THE PURPOSE SECTION 27 OF BATAS PAMBANSA BLG. 129, Sponsor: SFnator.. Enrile OTHERWISE KNOWN AS THE “JUDICIARY REORGANIZATION To the Cixleadar for Ordinary Business WEDNESDAY, 0CTOBER.J I, 2006. . * .. -. .. ” .. , 571 ...” . .~
Committee Report No. 146, submitted jointly by the AN ACT CREATING AN ADDITIONAL Committees on Justice-and Human Rights; and BRANCH OF THE REGIONAL Finance on House Bill No. 5135, introduced by TRIAL COURT IN THE PROVINCE Representative Villafuerte, et nl., entitled OF BATANGAS TO BE STATIONED AT THE MUNICIPALITY OF ROSARIO, AN ACT CREATING AN ADDITIONAL AMENDING FOR THE PURPOSE REGIONAL TRIAL COURT BRANCH SECTION 14, PARAGRAPH (E) OF IN THE CAPITAL TOWN OF PILI, BATAS PAMBANSA BLG. 129, PROVINCE OF CAMARINES SUR, OTHERWISE KNOWN AS THE AMENDING FOR THE PURPOSE “JUDICIARY REORGANIZATION SECTION 14, PARAGRAPH (F) OF ACT OF 1980,” AS AMENDED, BATAS PAMBANSA BLG. 129, AS AND APPROPRIATING FUNDS AMENDED BY REPUBLIC ACT THEREFOR, NO. 7154, OTHERWISE KNOWN AS THE “JUDICIARY REORGANIZA- recommending its approval without amendment. TION ACT OF 1980,” AND APPRO- PRIATING FUNDS THEREFOR, Sponsor: Senator Enrile
recommending its approval without amendment. To the Calendar for Ordinary Bushess
Sponsor: Senator Enrile FOURTH ADDITIONAL REFERENCE OF BUSINESS To the Calendar for ‘Ordinary Business BILLS ON FIRST READING Committee Report No. 147, subqitted jointly by the Committees on Justice-and Human Rights; and Senate Bill No. 2487, eiititled Finance on House Bill No. 5305, introduced by Representative Petilla, et nl., entitled AN ACT PROVIDING THE ENABLING MECHANISMS TO ENSURE THE AN ACT CREATNG TWO APDlTIONAL REGULATION AND MONITORWG REGIONAL TRIAL COURT BRANCHES OF CAREGIVER TRAQYING CENTERS IN THE PROVINCE OF LEYTE TO IN THE COUNTRY AND THE PRO- BE STATIONED IN THE CITY OF VISION OF. QUALITY EDUCATION TACLOBAN, AMENDING FOR IN THE CAREGIVING PROFESSION THE PURPOSE SECTION 14, PARA- AND FOR OTHER PURPOSES GRAPH (I) OF BATAS PAMBANSA BLG. 129, OTHERWIPE, KNOWN Introduced by Senator Manuel “Lito” M. AS THE “JUDICIARY REORGANI- Lapid ZATION ACT OF 1980,” AS AMENDED, AND APPROPRIATING To the Committee on Labor, Employment FUNDS THER%FOR, and Human Resources Development
recommending its approval without amendment, Senate Bill No. 2488, entitled taking into consideration S. No. 2442. AN ACT REQUIRING INTERNET CAFES Sponsor: Senator Enrile AND EDUCATIONAL INSTITUTIONS WITH INTERNET ACCESS TO To th.e Calea.dqr for Ordinary Business INSTALL A SOFTWARE TECHNO- LOGY FOR^ BLOCKING INTERNET Cowittee Report No. 148, submitted jointly by the WEBS-ITES DISPLAYING OBSCENE Committees on Justice and Human Rights; and AND VIOLENT MATERIALS Finance on House Bill No. 5306, introduced by PROWDNG PrnALTIES TfIEREFOR Representative Gozos, et al., entitled AND FOR OTHER PURPOSES@ 512 WEDNESDAY, OCTOBER I I, 2006 - - , .,
Introduced by Senator Manuel “Lito” M. Resources Development; and Civil Service and Lapid Government Reorganization, on Senate Bill No. 2490 with Senators Flavier, Cornpailera Pia To the Committees on Educatioe, Arts and S. Cayetano, Jinggoy Ejercito Estrada and Culture; and Public Information-and Mass Media Lacson as authors thereof, entitled
Senate Bill No. 2489, entitled AN ACT PROMOTING BREASTFEEDING, PROVIDING PENALTIES FOR AN ACT ESTABLISHING THE SWGAO VIOLATION THEREOF AND FOR DEL SUR SPECIAL ECONOMIC OTHER PURPOSES, ZONE AND FREEPORT IN THE MUNICIPALITIES OF CARRASCAL, recommending its approval in substitution of CANTILAN, MADRID, CARMEN, Senate Bill No. 1767. AND LANUZA, PROVINCE OF SURIGAO DEL SUR, PROVIDING Sponsors: Senators Cornpailera Pia S. FUNDS THEREFOR, AND FOR Cayetano, Jinggoy Ejercito Estrada, OTHER PURPOSES Lacson and Flavier Introduced by Senator Enrile To the Calendar for Ordinary Business To the Commlttees on Econom& Affairs; Loc.1 Governme.nt; Ways and Meahs; and Finance SPECIAL ORDER
COMMUNICATION Upon motion of Senator Pangilinan, there being objection, the Body approved the transfer of Letter from Executive Secretary Eduardo R. Ermita Committee Report No. 149 on Senate Bill No. 2490 of the Office of the President of the Philippines, to the Calendar for Special Orders. dated 10 October 2006, transmittingto the Senate the letter of even date- of Her Excellency, COMMITTEE REPORT NO. 149 President Gloria Macapagal Arroyo, addressed ON SENATE BILL NO. 2490 to Speaker Jose C. de Venecia Jr. of the House. of Representatives, certifying to the necessity Upon motion of Senator Pangilinan, there being of the immediate enactment of House Bill no objection, the Body considered, on Second Reading, No. 5794, entitled Senate Bill No. 2490 (Committee Report No. 14% entitled AN ACT APPROPRIATING FUNDS FOR THE OPERATION OF THE GOVERN- AN ACT PROMOTING BREASTFEED- MENT OF THE REPUBLIC OF THE ING, PROVIDING PENALTIES FOR PHILIPPINES FROM JANU.&RY ONE VIOLATION THEREOF AND FOR TO DECEMBER THWTY-ONE, TWO OTHER PURPOSES. THOUSAND SEVEN, AND’ FOR OTHER PURPOSES, Pursuant to Section 67, Rule XXIII of the Rules of the Senate, with the permission of the Body, upon pursuant to the provisions of Article VI, Section motion of Senator Pangilinan, only the title of the bill 26 (2) of the 1987 Constitution. was read without prejudice to the insertion of its full text into the Record of the Senate. To the Committee on Rules The Chair recognized Senator Cayetano for the FIFTH ADDITIONAL sponsorship. REFERENCE OF BUSINESS
COMMITTEE mPORT SPONSORSHIP SPEECH OF SENATOR CAYETANO Committee Report No. 149, prepared and submitted jointly by the^ Committees on Health and In sponsoring Senate Bill No. 2490, Senator Demography; Labor, Employment and Human Cayetano delivered the following speechw WEDNESDAY, OCTOBER I I, 2006 573 , ,, ~ . I ...... - .~ ~ ..._ ,.
FOSTERING A CULTURE AND alarming rise as a result of the growing trend of NATIONAL POLICY ON bdttle-feedidg. According to thd United Nations BREASTFEEDING Children’s Fuqd or UNICEF, an estimated 16,000 Filipino babies die every year due, to unsafe There is no food most natural in the world bottle-feeding . practices. Thus, choosing to and proven safest for human babies than breast- return to the time-honored tradition and milk, and no choice most natural and proven nuwing value of breastfeeding will save lives safest than breastfeeding. Breastmilk is the perfect, and strengthen not only the health of our irreplaceable gift a mother can give to her baby. children, but also that of our working mothers, It the best start a baby can have in life. is our whole conuhunlty and our future. On behalf of the Committee on Health and Demography, I present for our collective deliber- Superior benefits of brbastfeeding. ation and approval, Senate Bill No. 2490 under More than two decades of reseatch have Committee Report No. 149. The bill, originally shed light on the; vast way of benefits of authored by our colleague, Sen. Juan Flavier, breastfeeding.. Before I expound on Senate Bill is called the “Breastfeeding Promotion Act of No. 2490, let me.just briefly enumerate some of 2006.” these benefits to refresh our memory -
The bill, among other measures, proposes ‘ One, breastfeedipg provides the perfect the establishment of lactation stations in food that cannot be duplicated, actually altering workplaces and public places where nursing in composition to meet the changing nutritional female employees and otherwise mobile lactat- needs of the growing. igfant. It aids in the ing mothers can breastfeed or express their development of, a baby’s eyesight, speech, breastmilk. intelligence and motor skills th~atwill last them The objective of Senate Bill No. 2490 is plain throughout their life: and simple: to reestablish the culture of breast- Two,breastfeeding provides initial inimuniz- feeding as the normal, natural and preferred ation against illness and infection, induding method of feeding infants and young children recurrent diarrhea.agd other respiratory diseases, and to provide the specific measures to enable which are the leading causes of infant.death in working mothers to continue breastfeeding. developing countries. According to the Aqierican At present, aside from government and private Academy of Pediatrics, breastfed babies have hospitals that are required by law to maintain lower rates of hospital admissions, allergies and breastfeeding rooms and implement the rooming- serious diseases like diabetes. in of newborn babies, there are no other facilities outside the home where a nursing mother can Three, breastfeeding saves money. In breastfeed or express her milk in private. contrast, the average monthly cost of feeding one baby with infznt formula ranges from P2,OOO Balancing the twin taskr of earning a to P4,OOO forthe first six months, not including living and caring for one’s children is a common the cost of bottle9 and.nipples, the fuel expense challenge for many working women today. The entailed in boiling water and sterilizing the choice to breastfeed falls upder the second task. implements, as well as the hidden costs in health Yet, it is oftentimes constrained or totally care. Likewise, infant. fofniula becomes more disallowed by the first task of earning a living, exphsive as a baby gets older because the But this should not be the case. number of scoops thst is consumed increases. By providing nursing female employees Although based on the weight of the baby, the private areas in the workplace, we, who are tasked number of scocips por feeding increases from to legislate, are doing our job to institutionalize three on the la‘week to seven by the 61h month, support for the practice of breastfeeding, and to which translates to a mbnthly average of P2,lOO protect the right of women to breastfeed and to on the 1“ week.to P4,400 on the 61h month. gainful employment. Likewise, by providing Four, breastfeeding promotes a special lactation stations in-public places, mobile nursing loving bond betwey a mother and baby. There mothers will be able to continue breastfeeding is no more comfpling feeling for an infant outside the home while attending to their other than being held close axd cuddled while duties. In the end, we are able to secure the right breastfeeding. of every child to a health9 life; Five, brezstfeqdiag. also. keeps mothers Senate Bill No. 2490 becomes especially healthier. It stimulates the release of the hormone urgent as breastfeeding is on a marked decline in oxytocin, which helps reduce the risk of ovarian our country today, while-infant deaths are on an and breast canc&s:p 574 WEDNESDAY, 1 I, 2006 OCTOBER*. .,
I am a breastfeeding advocate, not simply of infant deaths in the Philippines can he traced because I have read about the benefits of to formula-feeding. breastfeeding but because I breastfed all my Currently, there are nine million infwt deaths three children, my two girls for a year each, even a year worldwide. Breastfeeding saves an estimated while I was working full time. I also breastfed my million additional deaths from infectious diseqse son Gabriel, who had a cleft lip and palate and six alone, according .to brea$trfeeding researches. could not suck for other reasons, such that I bad to express my milk, bring it to the hospital where Main features of Senate Bill No. 2490 he was staying, to have it fed to him through a tube in his mouth that led to his stomach. Thus, Senate Bill No. 2490 seeks to establish a national policy^ on breastfeeding and reverse Steady drop in breastfeeding rates in RP the decline in breastfeeding rates. It reinforces the “National Code of Marketing of Breamnilk It is thus alarming for me - as it should be Substitutes, Breastmilk Supplements and Other for all of us - that despite the continuous Related Products” (Executive Order No. 5 I), also discovery of more added benefits of breastmilk known as the Milk Code, that was enacted in and breqtfeeding, there is a steady drop in the 1986 to control the unethical marketing practices numbers of Filipino mothers who breastfeed. of milk companies. Studies show that maternal employment is Let me outline the main features of Senate significantly associated with its early cessation. Bill No. 2490. Knowing the difficulty of continuing breast- fe-eding upon returning to work, some women do First, Lactation stations shall be established not breastfeed at all or start weaning their baby and maintained in workplaces and in public places. before their maternity leave ends. Lack of break To facilitate breastfeeding, lactation stations time; inadequate facilities for pumping and storing must be private, clean and well-ventilated, milk, lack of resources that promote breast- adequately equipped with a sink or lavatory for feedihg, and lack of support from employers hand-washing aAd cleaning of equipment unless and colleagues, are among the many challenges there is an easily accessible lavatory nearby. faced by employed mothers who want to There must also be refrigeration or appropriate breastfeed in the~workplace. cooling facilities for storing, electrical outlets for breast pumps, a small table, comfortable .seats The magnitude of this problem is very rele- and such other items which the DepartifIent of vant, with the marked rise in the participation Health (DOH) as implementing agency may of women with irtfants in the labor force. In the determine to be necessary. (Section 4) Philippines, 39.2% or 13.2 million of the total labor force are women, and women witb infants and Second, lactation periods shall be established children are the fastest growing segment of the to allow nursing female employees reasonable lqbor market. At least 50% of women who are compensable time during the day to either breast- employed when they become pregnant return to feed or express their milk. (Section 5) work by the time their children are two months old. Establishments which set up a lactation But while both the World Health Organiza: station may use the designation “Mother; tion (WHO) and UNICEF recommend at least six friendly” in promotional materials. (Section 10) donths for exclusive breastfeeding for optimal Third, the DOH, as the lead agency; shall be infant development, the National Demographic mandated to develop and provide breastfeeding and Health Survey reports that the average programs for working mothers which employers duration of exclusive breastfeeding is now down are encouraged to avail of as part of their to 0.8 month. The rate is lowest in the National human resource development and which shall Capital Region at 0.5 month and in Southern be disseminated to all city, mutiidpal and. TagaiQg at 0.6 month. barangay health centers. (Sections 7) DOH is Yet, increased bottle-feeding rates have not also mandated to conduct training for all health led to healthier Filipino babies. According to workers involved in obstetrical and pediatric UNICEF, a child is 25 more times as likely to die services to ensure that they art knowledgeablc. from diarrhea and four times more likely to die about the advantages of breastfeeding dhd.risks from pneumonia than a breastfed infant, mainly associated with breastinilk substitutes. In line because .of infections caused by the use of with the Milk Code and Republic Act *No. 7600 unsafe water, im$roper or inadequate sterilization or “The Rooming-In and Breastfeeding Act of of bottles and nipples, and. the mixed formula 1992,” health workers and institution’s sh$d itself going bad. WHO estimates that 20 percent also provide pregnant and lactating-mothers the WEDNESDAY, 1 I, 2006 . OCTOBER .. ~ . 575 ~, .- .. - ,_ , .. .~ ~ . _. . , ,.
necessary support, proper informatidn and Child (1989) which recognizes a child’s inherent training on breastfeeding and must primarily right to life and the State’s obligations to ensure recommend breastfeeding. They can only the child’s survival and development. recommend breastmilk substitutes where after explaining the advantages of breastfeeding and Working mother’s experience ri&s associated with breastmilk substitutes, a Like other working mothers, I also had to go mother still opts to give formula mi!k tQ. her back to work 60 days after giving birth. I was newborn. (Section 8) able to successfully breastfeed my two girls for fourth,^ breastfeeding education shall be a year because I was given the opportunity to integrated in relevant subjects in theelementary, express my milk at work. In the office, I expressed high school and college levels, especially in the milk every two to three hours and stored it so I medical and allied medical courses, and in. could give my milk to my baby when I got home. technical vocational eduqation. (Section 9) The But I do realize that not all working mothers, inclusion of breastfeeding in the curriculum will who are also nursing, have a room where they help counter perceptions bro~ghtabout by the could express their milk in private -nor do they lack of information on breastfeeding to the have employers who allow them time to express public and massive advertisements of breastmilk their milk. Hence, the need for the State to substitutes by milk companies. mandate the establishment of lactation stations Fffth, to further foster the culture and and lactation periods to enable all working national policy on breastfeeding, the month of mothers - from top rankmg officials to the rank- August in each and every year shall be known and-file~- to successfully continue breastfeeding as “Breastfeeding Awareness Month.” A com- after reporting back to work. prehensive public education and awareness There is also a need to mandate the program shall be undertaken in this regard. establishment of lactation stations in public On the whole, Senate Bill No. 2490 carries out places for otherwise mobile mothers. In this day the constitutional directive to protect and and age, most mothers are always on the go and promote the riglit to health of the people and it has become part of the family routine to bring instill health consciousness among them, to young children along even to malls and other adopt an integrated and comprehensive approach recreational public places. However, most public to health development, and .to defend the..right of places are not equipped with facilities where children to proper care and nutrition. mothers can have enough privacy to comfort- ably express their milk or breastfeed. Of utmost importarice too, Senate Bill No. 2490 places breastfeeding activities in the Cost-benefit analysis wider context of support for women’s rights and the dual roles of women. It provides recognition, I know that both the private and public acceptance and support of the productive and sectors will understandably worry about the reproductive roles that women play in .society. financial costs of providing support to The bill protects working women by providing breastfeeding women in the workplace. But the safe and healthy working cofidiiions - “taking benefits in the short and long-term far outweigh into account,” as prescribed by Aiticle -XIII, the costs. Section 14 of &e Philippine-Constitution, “their What are these benefits? Allow me to cite maternal functions, and such facilities and some actual cases in the United States, where opportnnities that will enhance their welfare and over one-third of the states in the last four years enable them to realize their full potential in the have enacted breastfeeding legislation, including service of the nation.” mandating lactation stations in the workplace. The bill is thus consistent with international One, providing lactation stations reduces treaties and conventions to which the Philipljiiries health care costs and employee absenteeism as is a signatory. These include t11e;Convention on a result of infant illness because breastfed the Elimination of Discnminatidn Agaiilst Wome,n infants are healthier. A study between breast- (CEDAW, 1979) which emphasizes the.necessary feeding and formula-feeding employed mothers, supporting social services to enable .parents to published in the American Journal of Pediatric combine family obligations with work respons- Health, found that^ one-day absences from work ibilities, the Internatioiial Confsrence 1p Women. occurred more than twice as often among formula- (Beijing, 1995) which prpmote; haqnoniqtion of feeding mothers as they did among breast- work and family responsibilities for women and feeding mothers. For instance, the workplace men, and the Convention on the. Rights of the lactation program at the Los Angel? Department,#- 576 WEDNESDAY, OCTOBER I1,2006
of Water and Power reduced absenteeism by and work environment, it fosters one ‘of the 27% and bcalthcare claims by 35%. cheapest yet most valuable forms of health Filipino mothers are likewise known to take care available. The bill brings together working the day off or to come in late if they have a sick mothers and. employers, the public and private child to either take care of or take to the doctor. sectors, to work hand-in-hand in order to make breastfeeding in the workplace and public Two, lactation stations can increase places a reality. workers ’ produclivity and company loyalty because they foster a positive work climate. Senate Bill No. 2490 deserves our support. The study involving the Los Angeles Breastfeeding is best for baby, best €or mom, Department of Water and Power reported that best for our country, best for our future. for every dollar the agency invested in the program, it gained at least a $2.50 return. The SUSPENSION OF CONSIDERATION Aetna health insurance company in Connecticut, OF SENATE BILL NO. 2490 which also has workplace lactation, has seen similar results, earning a 2.740-1 return on its Upon motion of Senator Pangilinan, there being investment. no objection, the Body suspended consideration of Threr, lactalion stations can improve the bill. employee retention and serves as a good recruitment tool for women of childbearing age. SUSPENSJON OF SESS1,QN One reason Aetna decided to institute a lactation program is that its workforce is 76% female. The insurance firm considered the program as “a big Upon motion of Senator Pangilinan, the session return-to-work initiative.” What makes the was, suspended. program especially successful is that the morale boost is not limited to breastfeeding employees. It was 9:32 p.m Amway in Michigan noted the support of all the women in the workforce - “older women, RESUMPXION OF SESSION women who hadn’t nursed or had nursed and quit when they retunied to work, and even from men whose wives had nursed and said the At 9:34 p.m., the sossion was resumed. program was great.” SPECIAL ORDER Four, the lactation station program does not require tremendous logistics and is not difficl to impiement. The minimum criteria are Upon motion of Senator Pangilinan, there being simple:~paidbreak time, a small space for privacy, no objection, the Body approved the transfer of a table, a chair, a small refrigerator or a cooler to Committee Report No. 1 IO on Senate Bill No. 2482 store expressed breastmilk, and a sink to wash to the Calendar for Special Orders. utensils and one’s hands, if there is no nearby washroom. Let us note, that the nearby Mall COMMITTEE REPORT NO. 110 of Asia already hosts a breastfeeding room, ON SENA-~BILL NO. 2452 complete with all the necessary amenities for nursing mothers. Upon motion of Senator Pangilinan, there In sum, providing lactation stations that being no objection, the Body considered, on Second allow mothers to choose to breastfeed is a low- Reading, Senate ‘Bill No. 2482 (Committee Report cost way to get a high reward. It is an option that No. 1 lo), entitled is not only healthier for mother and child, but more economical too for any enterprise. There are no downsides, except giving up some AN ACT. REGULATING THE PLACE- suitable space in a building. Recently, breast- MENT OF BILLBOARD SIGNS. feeding and workplace lactation programs are gaining more public attention internationally Pursuant to Section 67, Rule XXIII of the Rules because the WHO and UNICEF have streng- of the Senate, with the permission of the Body, thened their campaign for breastfeeding. upon motion of Senator Pangilinan, only the title of Senate Bill No. 2490 is a step towards the bill was read without prejudice to the insertion the right path. By creating a supportive culture of its full text into the Record of the Senate.p WEDNESDAY, OCTOBER I I, 2006 577' , .. . . .- . .. ..- .j. - -
INSERTION OF SPEECHES Ang mga LGU, dqhil sa Local Government INTO THE RECORD OF THE SENATE Code, sinasabing sila lung ang may kapang- yurihan no mug-regulate at m.agbigay ng permit Upon motion of Senator Pangilinan, there para sa pagtatayo ng billboard, at mangolekta ng mga fees pura being no objection, the Body approved the insertion dito. into the Record of the Senate the sponsorship speech Pero, tuwing magkwoon ng sakuna dulot of Senator Revilla as well as the cosponsorship ng mga billboard nu ita, napakabilis nilang speecwprivilege speech of Senator Defensor Santiago maghugus-kumay sa responsibilidad, at delivered last Monday, October 2, 2006. mugturo ng ibang ahensya. The hattlzover the billboards started saveral SPONSORSHIP SPEECH years ago over the manner they were cluttering OF SENATOR REVILLA the skyline,.of Greater Metropolitan Manila. The issue then was visual pollution - the cluttering Following is the full text of the speech of up of the cityscape with commercial messages and images that blocked the view of the Senator Revilla: metropolitan skyline. A CLOSER LOOK AT BILLBOARDS The first incident that caused genuine L Introduction cogcem over the hazard these billboards posed on public safety was when a glgantic tarpaulin Several days after typhoon Milenyo battered billboard fell on MRT power lines causing a the National Capital Region (NCR), images of train~.tobum .and halting' MRT operations. Last destruction filled the major dailies aird the nation's June 12, two billboards along the North Luzon TV screens. Decade-old trees were felled, struc- Expressway collapsed due to strong winds tnres heavily damaged, and most prominently, during-a sudden downpour. Mabuti na lung at a very significant number of billboards toppled walang nakaktan. over, causing huge property damage and claiming human life. Just four months after that, Milenyo came to Metro Manila packing winds of 110 to 130 In the aftermath of Milenyo, the destruction kilometers per hour. It was here that giant and caused to and by these billboards painted a oversized billboards collapsed, were blown away novel picture of the extent of damage it may and strewn all over the. metropolis. cause. This unprecedented occurrence opened the eyes of the public to the sword of Damocles Over the years, billboards have gown these giant and unregulated structures have progressively Iajger. Palaki ang mga ita ng been hanging over our heads all this time. palaki, a& ibd pa nga mas malaki nu sa mga building na katabi o pinagpapatungan nito. And as this proverbial sword fell on our Concerns were already raised, hut those putting heads, infrastructure damage, crippling of electric them up were defiant and seemiilgly unconcerned infrastructure, monstrous traffic jams, crushed about the dapgers they posed to lives and vehicles, and at least two deaths in Metro property. Manila alone, resulted. The question today is, shall we let this 111. Economic contribution of the indushy happen again? Of course not. Outdoot advertisers say that billboards are the cheapest form of adveftising. Bilang isa sa II. How the issue of blllboavds started nanggaling sa industriya ng pelikula, maaari Sa sobrang bilis ng paglago ng industriya alcong sumang-ayon dito. The cost for a single ng outdoor advertising sa ating bansa, hindi 60-second TV commercial spot can already layo naging handa sa mga pinsalang dah nito. adequately cover a month of billboard space in Tumubong purang mga kabute ang mga the maj0r:thoroughfa'res of the metropolis. They naglalalcihang billboard sa halos &hat ng also claiin' that the outdoor billboard industry sulok ng Metro Manila nang walang habas, at provides livelihood to thousands of families. ngayon nga, pur0 hillhoard na Iang halos ang This may also be .tnre. matatanaw nufin sa lansangan. Local govepments say thfit these adver- When this industry was recognized to be tising tools eam for'them a good amount of a very profitable and lucrative business, many money which they use in providing hasic and government instrumentalities were racing for ot& social services to their constituents. Wula their own piece of the pie. ukong p?oblemn dito. 578 WEDNESDAY, OCTOBER ."I I, 2006
Ang ating problema RY kung papaano the basis for building permits. These strucmres natin bobalansehin ang interes ng industriyang must carry their own weight plus whatever forces it0 at ng mga pamahalaang lokal, at ang that act laterally on it, like wind. A licmsed. interes ng publiko sa pnngkalnhatan. structural engineer must submit a design tltur will guarantee the structure does not collapso. The IK Call to action professional liability of that^ engineer may rm-ch Nakitn na natin ang dulot na pinsata ng 25 years in case the structure he ceitified is mga billboard na ita. Malinaw na ang dapat found to be substandard. gawin. We must act with calculated haste and Enormous forces ae generated by even a precision. minor typhoon's winds on a typical billboard. Many believe that we should ban outsize There will be sheering, as well as a toppling billboards. This Representation is of the belief effect, if the scaffolding or frame is too rigid. that this should not be the case. Billboards sewe There should be rules on how secure the a purpose in a consumer-driven society. footings should be, aside, of courser from the size and strength of the materials used in relation Like all commercial activities, however, the to the weight that the frame carries as well as the use of billboards must be strictly regulated and expected wind force. must never compromise public safety. The size, material, location and structural support of a The fact that many billboards collapsed even billboard must be carefully considered before it with these tarpaulins rolled up points to some- is put up. thing very wrong in their design and the permit- granting process. There should be considemtion Your Committee believes in the collective also for earthquakes and other unusual occur- wisdom of the Senate. This is why it submitted rences that can cause billboards to collapse. for deliberation of this august Body Committee Report No. 110 with utmost haste. Napnpanahon Beyond structural engineet'ing, the National na pa na tatakayin natin ang mga isyu Building Code stipulates clearly that billboards patungkol sa mga billboard no ita. At aka pa. cannot distract motorists nor mar the cultural bilang Chairman ng Committee on Public Works, and historical sights of the city. ay umaasa na makakapaglinang tayo ng isang By the very nature of their attractiveness, batas na sasagat sa mga prablema nu billboards call your attention, otherwise they are idinudulot nito. useless. By the most rational inteqmration Our main task here is to legislate standards therefore, billboards should not be allowed oh for setting up of billboards. Nupakadami pa major thoroughfares. They aye illegal and unsafe. ng daput nating pug-usapan. What are the In fact, the Code states that no commercint safety features required? Should it withstand signs are allowed within the rights-of-way of a minimum of 240 kph winds or should we major roads. inoregse it to 270 kph? Should it withstand Malinaw na sa umliral na batas, lnhuf ng an intensity 7 earthquake or should we raise it mga banners, billboards, signs at streamhs na to intensity 81 The experts would say that the makikitang nalcakabit dun sa mga paste ng wholesale failure of this new crop of billboards MRT at LRT, streetlights a[. pedestrian overpass can be traced to several factors. One factor, ay illegal at maanring agaran.at dapat hmang however, that definitely should not be blamed is na tanggatin. the typhoon itself. But who will remove them? The court seems Ang bagyong Milenyo ay hindi matuturing to be taking the side of business and their nu. pinakamalakus nu bagyo na sumalanta perceived right to lord it over poor passersby sa Metro Manila. It was the strongest in eleven and motorists. years, yes, but the fact is that modem structures Locational clearance also has to be required are supposed to withstand events that may for the construction of these. billboards. happen even only once in a century. they^ should not be placed beside power Dahil tayo nga ay nasa modernong substations, alongside high-tension wires, panahon na, dapat tang naman na ang mga hospitals, schools, traig tracks, flyovers or istrukturang nrrkatayo ay hindi lang basta intersections, yet permits were. given to,. bnstn aararuhin wg mgrr bagyong taon-tcion countless billboards. naman ay tumafama sa ating bansn, Bakit kaya na sa ibabaw ng umfiI7d na The National Building Code is clear in its balas RY patuloy nu nakakakuha af inlisyuhan requirements for billboard structures, which are ng permit ang mga bigboard na ita? t% WEDNESDAY:, OCTOBER 11,2006.,. ~ .,< 579 ,_ ,~......
Does the need for collection of fees override By this bill, we hope to craft a law thit will considerations for public safety in the cities and emphasize public safety but at the same time, municipalities of Metro Manila? Gunito bu ung respect the economic,.contributions of the outdoor pangangailangun sa pagkokolektu ng mga advertising industry to our society in general. fees nu naisusantabi nu ang batus ut ung kupukanun ng mgu mumumayan-? 0 buku COSPONSORSHIP SPEECH numun kuyu uy may ilun lung nu mgu ganid nu OF SENATOR DEFENSOR SANTIAGO nukikinubung pura mugbulag-bnlugun? It is bel(ng argued that. the proper way to Following~isthe full text of the speech of Senator go is, self-r8gulation. Mulinuw nu su nnngyari, Defensor Santiago: hindi umuubiw ung self-regulation. WE ARE LIVING IN BILLBOARD HELL They cannot control their industry. They cannot control their peers. Su kubuliktarun, According to the Outdoor Advertising nukitu nutin ang wulang pakundungung Association of the Philippines (OAAP), which pugdumi ut pugtatayo ng mgu billboard. This is has commendably cooperated with the Senate, why we must regulate them. the estimated annual revenues of the outdoor advertising industry is P1.8 billion; (The exact Outdoor advertisers have already made a computation is P1,783,440,000). fortune during the past year$. They have already thrived in utker disregard of existing laws. The Also, according to the same association, the blood of those who were injured and killed by Top Ten billboard advertisers are: their structures is in their hands. It is high-time that. they are set right! 1. Globe 2. Bench 3. Marlboro I.: CIosing 4. Chowking Bilang resulla ng yanukulung ito, dayat 5. Penshoppe mughnndu ng outdoor' qdvertising industry sa 6. Jollibee paghihigpit ng rngu ulituntunin, nu mugla- 7. PLDT luyong magpnliit ng sukat ut taas ng Iahut ng 8. Smart nukatayong billboard sa kubuuan ng Metro 9. Greenwich Manila, pati na upg iba pang urban centers sa 10. Tokyo-Tokyo ding bansu. With the proper exceptions, I charge these Billboards will nbw have adequate setback Top Ten and all other billboard advertisers and from' the road. They will he spaced out, with their advertising agencies with corporate greed, Coilgress setting a maximum number ofbillboaids the unthinking, unfeeling, unreasoning pursuit per kilometer of road,. of corporate profits, without any sense of social responsibility, and without any sense of shared Moreover, as in a building, there should be destiny. I charge the trial judges who have issued ample space around it to minimize damage or temporary restraining orders, or TROs, against the injury in case the billboard collapses. Sa removal or abatement as a nuisance~ofhazardous panukqlung ito, hindi nnmuuuring magtayo ng billboards, with unethical, if not immoral, judicial mga billboard sa ibabuw ng mga building nu conduct And I charge the defenders of bill- hindi dinisenyo para dito. boards sporting phony arguments that billboards Daput. din natin aprubuhun ang punukulu are or so-called part of freedom of speech, and nu obligahin ang luhut ng mugpuyaguwu sporting phony arguments that billboard owners ng mga billboards na mugluun ng insurahce, are so-called taxpayers and providers of employ- to cover possible injury- to persons, damage to ment, with ignorance of the law and unconscion- property and the extense for clearing.up in case able refusal to face the facts of the uglification it collapses or has to be removed. and aesthetic desertifitation of our homeland. But this is not to say the outdoor advertis- I charge you all with the pox! Can you ing. industry will collapse. In other cotmtries, resurrect the dead? One person was reportedly venues lilie transit starions, building faEades, ki1led;and four others injured, at the corner of sj'dewalk kiosks, bus and taxi bodies have Estrella St. and EDSA in Makati during the generated new opportunities commanding height of typhoon Milenyo last Thursday. An premium rates - more rhan enough to offset the FX driver was repoftedly killed, and several loss of regular billboard revenues. others injbed, when three giant commercial hill-&+ 580 ,. WEDNESDAY, OCTOBER I I, 2006 .. , . .:
boards fell in the same city, and in Muntinlupa. Let me quote verbatim from decided There were similar reported incidents in the past. American cases: Innocent human beings were tom from their The police power is not to be lives, and taken, never to return, from the bosom. narrowly confined within the field of of their loving, bereaved families, simply because public health, safety, and morals; and nobody dared to face the reality that we, statutes and ordinances regulating or Filipinos, are living in billboard h&l. even prohiblting billboards and outdoor advertising may be sustained, on the What other deaths and destructions were caused by the total of 21 billboards that ground that they are or may become reportedly fell in Metro Manila? In the language detrimental to the public welfare, or that of the Civil Code, who will pay the amount of such regulations are necessary to free damages for death caused by criminal billboards highway travelers from annoyance, to that violated the requirements of the National prevent obstructions of traffic, and to Building Code? Who shall be liable for th6loss preserve the safety of such travelers. of the earning capacity of the deceased? Who General Outdoor Advertising Co. v. shall support their families? Who shall reli%ve Department ofpublic Works, 296 US 543. their families of unspeakable and lifetime dental Billboards may properly be put in a anguish? For you cannot resurrect the dead. class by themselves for purposes of Every life given by the,intelligent designer is regulation, or prohibition. St. Louis Poster unique and irreplaceable. If a family member of Advertising Co. v. St. Louis, 249 US 269. the defenders of billboards died because a giant The forced removal of nonconform- billboard hit him on the head, would the. ing outdoor advertising displays is also defenders still be singing hymns to exploitative a valid exercise of police power, and does capitalist economics? Is the biblical Golden Rule not constitute the taking of property already passi in this callous, alienated, without compensation or give rise to impersonal society? I submit that all your high constitutional complaint, People ex re[. technology and rationalizing glossolalia will not Department of Transportation v. Hadley resurrect those who are dead. Fruit Orchards, Inc., 54 Cal. App. 3d. 49.
Billboard ban is constiiutional The ordinance represented a reason- able place and manner limitation on There is as yet no categorical ruling on the speech, leaving ample alternative constitutionality of a billboard ban or regulation channels of communication and, thus, from our Supreme Court simply because no did nbt deny ownefs freedom of speech. proper case has been brought before it. The Ackerley Communications, Inc. v. most recent Suprede Court decision issued in Seattle, 449 U.S. 804. late 2005 was based on the rafio decidendi that it is the DPWH, and not the MMDA, which Regulations as to size and height, should enforce theprovis'ions of P.D. No. 1096, manner of constnrction, and maintenance or the National Building Code. The Courf did, or placements of billboards and sign- not rule that the hillhoards on the MRT EDSA boards, and the prohibition of indecent structure are legal, or that they comply' with or immoral advertising, will be upheld existing laws on billboards. if they have a reasonable tendency to protect the public safety, health, morals, However, the United States Supreqe Court or general welfare, including purely his long held that the prohibitibn of billboards aesthetic considerations of public beauty is cosstitutional.Billboards are a fonh ofcommercial and culture. Lake Wales v. Lamar Adver- speech, which can be prohibited under the.po1ice tising Asso. (Fla) 414 So 2d 1030. power of the State; in the same way that libel can be prohibited,-even if it inhibits free speech. A municipal corporation under the general police powers may prohib'lt For the right of free speech dpes nut include them altogether, or may subject their abuse, much less death and destruction. The construction to regulations of as drastic rulings of the U.S. Supreme Court, although not a nature ils it sees fit. St. Louis Gunning decisive, are considered qutlmitative in oiu juris- Advertisement Co. St. Louk, 23 1 US 161. diction, not because we are still sufferirig. from v. colonial mentality, but because the U.S. Supreme So also a regulation of advertising Court is one of the oldest arid lhost respected billboards which applies to billboards in judicial branches of a modem democracy. close proximity to public parks and P WEDNESDAY, OCTOBERi ~ I .I, 2006 I , 581
boulevards may properly have a relation I filed, merely copies the American law. As chair to public health, comfort, and welfare of the subcommittee on" billboards under our that the regulation would not otherwise Senate Committee on-Public Works, I conducted possess and may be upheld on that a public hearing. Subsequently, I authorized a ground. Generul Outdoor Advertising Technical Workifig Group composed chiefly of Co. v. Indianupolis Department of representatives of the DPWH and the private- Public Works, 202 Ind 85. sector O& to. draft a substitute bill. The Court recognized that, insofar as Howevet, with the recent mass fallidg of an ordiirance regulates commercial speech, billboards with consequent loss of lives and it may permit accessory commercial propetty, I have;decided to reject the new liberal advertising and forbid other commer- substitute bill. Instead, I shall fi1e.a committee cial advertising without running afoul report recommending approval of my original bill, of the First Amendment, where it because it is simpler and more stringent. directly advances govemental interests My hill includes an.outright ban on certain in traffic safety and aesthetics. Metro- billboards, particularly those.that are located in v. San Diego, 453 US 490. media. Inc. a position that obstructs or obscures the view of The First Amendment in the U.S. Cons- veurmlar or pedestrian traffic, in such a manner titution corresponds to the provision as to endanger their movement. The proposed on free speech of our Constitution. billboard ban extends to residential areas, any Governmental authorities have the public property such as public rights-of-way and power to prohibit the maintenance of telephone or utility poles, and to the roof of any advertising signs on public property, building. The ban is effective immediately, after such as sidewalks, streets, and parks. publication of the law: Commonwealth v. McCujprty, 145 Mass 384. Today, I have written President Macapagal Arroyo, respectfully recomtncnding that my bill It is within the power of a munici- shall. be. certified as urgent. I have also written pality - within the scope of its delegated the Slipreme Court, through Chief Justice authority over the public streets and Artemio Panganiban, respectfully.recommending sidewalks - to prohibit or regulate signs issuance of a memorandum circular to all judges hanging over the public ways. 1426 prohibiting the issuance%of TROs in cases Woodward Ave. Corp. v. WOE 312 involving the abatement or removal of billboards. Mich 352. Biilboizrds aEe u public nueance American law on 6lllboards We do not have to wait for a new law to The U.S. Congress enacted their Highway remove'the billboards from hell. Under the Civil Beautification Act way back in 1965 (at 23 USCS). Code, a, billboard is a nuisance because it: - At that time, the law already called for the control of outdoor-advertising signs, displays, 1. Injures or endangers the health or safety and devices in areas adjacent to the interstate of others; or system and the primary highway system, to 2. Annoys or offends the senses; or protect the public investment in such highways, to promote the safety and recreational value of 3. Shocks, defies, or disregards decency of public travel, and to preserve national beauty. Tprality; or The American law defines effective control 4. Obstructs~or interferes with the free as the prohibition of signs erected within 660 paxsage'of any public highway or street, feet of the highway right-of-way, located outside or any body of water; or of urban areas, that are erected with the pypose 5. Hlnders or inipairs the use of property. that their message be read from the highway, with the exception of certain classes of signs and The local. build&g official is required to notices expressly permitted by the act. initiate a remedy against a public nuisance, ihcluding: Senate Bill No. 1714, Anti-Billbonrd 1. A prosecution under the Penal Coile Blight Act of 2506 or any loca1 ordinance; or In 2004, the Board of Commissioners of 2.. A civil action; or Pem Township enacted and ordained the Anti- Billboard Blight Act. Senate Bill No. 1714, which 3. Abateme@, without judicial proceedings. e 5x2 WFDNESDAY, OCTOBER I I. 2006 , .t. .. ~. ,.~ , -. +, ., ~ .
In turn, the mayor is required to commence ADOPTION OF PROPOSED a civil action brought by reason of the SENATE RESOLUTION NO, 968 maintenance of public nuisance. Therefore, Metro Manila mayors have the responsibility to Upon motion of Senator Pangilinan, there being file civil suits for damages, in the cases of no objection, Proposed Senate Resolution No. 568 homicide or destruction of property, caused by the falling of the billboards from hell. was adopted by the Body.
SUSPKNSION OF CONSIDl$RATION PROPOSED SENAT& RESOLUTiON NO. 575 OF SENATE BILL NO. 2452 Upon motion of Senator Pangilinan, there being Upon motion of Senator Pangilinan, there being no no objection, the Body considered Proposed Senate objection, the Body suspended consideration of the bill. Resolution No. 575, entitled
SUSPENSION OF SESSION RESOLUTION COMMENDING THE PHILIPPINE NATIONAL POLICE Upon motion of Senator Pangilinan, the session AND CAMARINES SUR ROWING w-as suspended. TEAMS FOR AN OVERALL GOLD-SILVER FINISH FOR It was 9:36 p.m, THE PHILIPPINES IN THE SAVA SPRING INTERNATIONAL 2006 RESUMPTION OF SESSION DRAGON BOAT RACES AT THE REDOK RESERVOIR IN At 9:37 pm., the session was resumed. SINGAPORE.
PROPOSED SENATE RESOLUTION NO. 565 With the’permission of the Body, only the title Upon motion of Senator Pangilinan, there being of the resolution was read without prejudice to no objection, the Body consitiered Proposed Senate the insertion of its full text into the Recbrd~of Resolution No. 568, entitled the Senate.
RESOLUTION EXTENDING CONGRA- ADOPTION OF PROPOSED TULATION AND COMMENDATION SENATE RESOLUTION NO. 57‘s TO ENGELBERTO “BIBOY” RIVERA OF THE PHILIPPINES FOR Upon motion of Senator Pangilinan, there being CAPTURING THE MASTERS TITLE no objection, Proposed Sepate Resolution No. 575 IN BOWLING BY ROLLING A was adopted by the Body. PERFECT GAME DURING THE FINALS EVENT IN THE PRESTI- PROPOSED SENATE RESOLUTION NO. 576 GIOUS “WORLD MEN’S BOWLING CHAMPIONSHIPS,” THE HIGHEST Upon motion of Senator Pangilinan, there being ORDER IN THE SPORT OF BOWL- no objection, the Body considered Proposed Senate ING, LAST SEPTEMBER 8, 2006 AT Resolution No. 576, entitled THE ASIAD BOWLING CENTER IN BUSAN, SOUTH KOREA. RESOLUTION COMMENDING FIVE- YEAR OLD JUSTIN DANIEL JUNIO With the permission of the Body, only the title of FOR SETTmG A RECORD SWIM the resolution was r&d without prejudice to the AS THE YOUNGEST PERSON TO insertion of its full text into the Record of the Senate. EVER CROSS THE MACTAN CHANNEL IN CEBU. CORRECTION OF SENATOR PANGILINAN With the perhission of the Body, only the title.- Senator Pangilinan stated that the word of the resolution was read without prejudi.ce to “CONGRATULATION” should read CONGRA- the insertion of its full text into the Record of TULATIONS. the Senate.& ADOPTION OF PROPOSED He reiterated that the working draft was the SENATE RESOLUTION NO. 576 version of the bill as of October 10, 2006.
Upon motion of Senator Pangilinan, there being OSME~AAMENDMENTS no objection, Proposed-Senate Resohtian No. 576 was adopted by the Body. As proposed by Senator Osmefia and accepted by the Sponsor, there being no objection, the Body SUSPENSION OF SESSION approved the following amendments: 1. On page I?line 12, delete the word “USING” Upon motion of Senator Pangilinan, the session and insert the phrase BY IMPROVING ON was suspended. THE ELECTION PROCESS AND ADOPTING SYSTEMS WHICH SHALL INVOLVE THE It’ was 9:40 p.m. USE OF; 2. On the same page, line 20, after the word RESUMPTION OF SESSION ‘‘DEVICES,’’ insert the phrase OF DEMON- STRATED CAPABILITY TO ENSURE THE At 9:51 pm., thcsession was resumed. SECRECY AND SANCTITY OF THE BALLOT; and
COMMITI’EE REPORT NO. 58 Senator Osmefia explained that his proposed ON SENATE BILL, NO. 2231 amendment does not cover software but hardware (Continuation) like-desktop machines which can be left with public schools and government offices in between elections. Upon motion of Senator Pangilinan, there being no objection, the Body resumed consideration, on Senator Gordon stated that he was accepting the. Second Reading, of Senate Bill No. 2231 (Committee amendment on the understandihg that it would not Report No. 58), entitled preclude the use of new technology just because it was not used in a previous election. However, he- AN ACT AMENDING REPUBLIC ACT clarified that not everyone can come up with new NO. 8436, CENTITLED “AN ACT technology and use it immediately for automated AUTHORIZING THE COMMISSION election. He said that the Ad Hoc Committee must ON ELECTIONS TO USE AN test and approve the new devices. AUTOMATED ELECTION SYSTEM 3. On the same page, line 27, after the word IN THE’MAY 11, 1998 NATIONAL ‘TECHNOLOGY,” insert the phrase WHICH OR LOCAL ELECTIONS AND IN HAS BEEN DEMONSTRATED. SUBSEQUENT NATIONAL AND LOCAL ELECTORAL EXERCISES, Senator Osmeila clarified that the definition of PROVIDING FUNDS THEREFOR “AES” covers both software and hardware. AND FOR OTHER PURPOSES’ On the definition of “electronic transmission,” Senator Pangilinaq stated that~theparliamentary Senator Osmefla queried whether the municipal can- status was still the-period of individual amendments. vassing centers would be bypassed. Senator Gordon replied in the negative, as he clarified that the bill Thereupon, the Chair recognized Senator Gordon, allows simultaneous transmission from one level to Sponsor of the meapre, and Senator Osmefla for the another, that is from precinct to municipal, from continuation of his individual amendments. municipal to provincial, from precinct or municipal direct to the Comelec national office in Manila and from Comelec to, the world. WORK!iNG DRAFT PROPOSED AMENDMENT Sefiator Gordon e8press.ed gratitude to the OF SENATOR ROXAS Members for their patience in getting the bill through even as he exprkxsed hope that all their efforts On p’age 5, line 24, Senator Roxas proposed the woukd be for the good of the country. replacement of the sefitence. beginning with the K P 584 WEDNESDAY. OCTOBER I I, 2006 . 1 ~, ,: , .~. . ~ .~..~. .: .. ’. words “IN THE SECOND REGULAR NATIONAL ALREADY APPROPRIATE AND SHOULD BE OR LOCAL” and ending with the word “NATION- UTILIZED FULLY FOR SUBSEQUENT WIDE‘’ on line 26 with the following provisions: ELECTIONS, OR (D) THE TESTING OR ADOPTION OF OTHER NEW TECHNOLOGIES THE FURTHER IMPLEMENTATION OF WHICH MAY HAVE EMERGED AFTER THE THE AES OR AN AES TECHNOLOGY SHALL 2007 ELECTIONS IS NEEDED. BE DECIDED UPON BY CONGRESS THROUGH A JOINT RESOLUTION WON RECOMMEND- As regards the first paragraph, Senator Gordon ATION OF THE OVERSIGHT COMMITTEE. suggested that after 2007, the AES be implemented PROVIDED, THAT IF CONGRESS FAILS TO nationwideif it is deemed practicable, provided that PASS THE JOINT RESOLUTION, THE AES Congress, upon recommendation of the oversight SHALL STILL BE IMPLEMENTED IN THE-SIX committee, resolved to adjust the implementation of PROVINCES AND SIX CITIES AS PROVIDED IN the AES though a joint resolution. He explained that THIS ACT. this provision, in effect, delegates to the Comelec, the THE OVERSIGHT COMMITTEE SHALL advisory council, and the oversight committee the CONDUCT A COMPREHENSIVEASSESSMGNT authority to continue with the expansion if Congress AND EVALUATION OF THE PERFORMANCE dges not act on the recommendation. OF THE DIFFERENT AES TECHNOLOGIES IMPLEMENTED IN THE 2007 ELECTIONS AND Senator Roxas explained that the alternative SHALL MAKE APPROPRIATE RECOMMEND- proposal provides that if Congress does not act on ATIONS TO CONGRESS IN SESSION the recommendation, the AES shall remain confined ASSEMBLED, SPECIFICALLY INCLUDING THE to the six cities and six municipalities, clarifying FOLLOWING: AN ASSESSMENT AND further that there is no desire to go back to the COMPARISON OF EACH OF THE AES manual system. Senator Gordon pointed out that TECHNOLOGIES UTILIZED INCI%XNG THEIR STRENGTHS, WEAKNESSES, APPLICABILITY the difference lies in the fact that the proposed OR INAPPLICABILITY IN SPECIFIC AREAS amendment would, in effect, require an act of AND SITUATIONS, AN EVALUATION OF Congress to continue the implementation of the AES THEIR ACCURACY THROUGH COMPA&ISON whereas his proposal requires an act of Congress OF A RANDOM SAMPLE OF THE AES to stop the implementation. ELECTION RESULTS WITH THE MANUAL TABULATION OF THE SAME AND THE Senator Roxas believed that his proposal would CONDUCT OF SIMILAR OTHER TESTS AS TO baIance caution by allowing any such technologies THE SCOPE-OFTHE AES IMPLEMENTATION that may be chosen-to be implemented in 2007 and, IN SUBSEQUENT ELECTIONS, PROVIDE FOR at the same time, provide a safety net by allowing the RECOMMENDATIONS AS TO WHICH OF THE FOLLOWG SHOULD BE ADOPTED (A) expansion of the AEE only upon action of Congress. FURTHER TEST APPLICATION OF THE’AES Senator Gordoil said that the general rule is that OR OF A PARTICULAR AES TECHNOLOGY Congress can always stop the implementation of the ALREADY USED IN THE 2007 ELECTIONS IN AES or expand it. Decrying the fact that almost the- THE SAME OR OTHER AREAS, (B) AN entire body of the original bill had been replaced INCREASE OR AN ENLARGEMENT OF AREAS with amendments, he urged the Body to conclude the FOR IMPLEMENTATION OF-THE AES OR debate and put the matter to a vote. AES TECHNOLOGY, OR (C) A FULL IMPLEMENTATION OF THE AES. Senator Roxas recalled that the matter of putting AS TO THE KIND OF AES TECHNOLOGY, the issue to a vote was not part of the informal PROVIDE FOR PROPOSALS AS TO WHETHER agreement that was reached between him,. the- (A) A PARTICULAR AES TECHNOLOGY Sponsor and Senator Pangilinan in the presence of SHOULD NO LONGER BE UTILIZED FOR Senate Pl‘esident Villar. Admitting that anything that BEING OBSOLETE, INAPPLI~ABEINACCL~.A& happened off the floor did not bind the others, he OR WITH DEFECT WHICH CANNOT BE nonetheless asked whether the said agreement REMEDIED, (B) AN ENHANCEMENT OR IMPROVEMENT IS NEEDED TO AN AES was no longer in effect. He recalled that precisely, TECHNOLOGY WHICH WAS USED IN THE Senator Osmena desisted from proposing amendments 2007 ELECTIONS TO MAKE IT MORE FUNC- with respect to electronic transmission because he fIONAL, APPROPRIATE AND/OR ACCURATE, was made to understand that after the 2007 elections, (C) A PARTICULAR AES~TECHNOLOGY IS Congress would be given the preragative to revi’ew, + WEDNESDAY, OCTOBER I 2006 !, ~. 585 ,~ L~ ,, .. -. .- ~ - . . . ~.
evaluate and decide whether the same AES techno- their differences over certain amendments with logy would be used in future national and local elections. Senator Gordon but failed. He announced that after conferring with Senate President Villar and Senator Senator Gordon rewalled that last night, Senator Gordon, it was agreed that the session would be Osmena told him that he was ready to accept the adjourned. provision on electronic transmission and, in turn; he told Senator Osmeira that he bas accepted the SUSPENSION OF CONSIDERATION provision that Congress would be consulted again. OF SENATE BILL NO. 2231 Besides, he pointed out, Congress would review the program during the budget deliberation. Likewise, Upon motion of Senator Pangilinan, there being he recalled that while a senator suggested that the no objection, the Body suspended consideration of matter be taken up in the bicameral conference the bill. committee, he insisted that the matter be threshed out on the floor because in conscience, he would not SUSPENSION^ OF SESSION want to backtrack on his word. However, he clarified that the proposal of Senate President Villar was not Upon motion of Senator PangilMan, the session repulsiGe but he could not help but wonder about the was suspended. use of having automation when it would be limited again to the six provinces and six cities in the 2010 It was 12t21 a.m. national elections. He reiterated that once the election goes on automation, it should move on and spare the RkSmPTION OP SESSION next Congress of the long and painful ordeal of legislating an AES law again. He maintained that if At 12121 a.m., the session was resumed. Congress decided not to continue with the AES, a priority bill could be filed immediately either in the J&MARXS OF SSNATOR GORDON Senate or in the House of Representatives to ensure- that there would be a law for the next elections. Senator Gordon recalled that the committee hearings on the automation bill began on October 17, However, Senator Gordon stated that the other 2005, but after almost a year, the bill has not moved. side was proposing that Congress should have a say He observed that during the debates, some senators on whether to continue with the AES or not while he have done nothing but resort to delaying tactics apd was saying that Congress can stop it anytime but if never to reasonable discussions of issues, and while it does not, the system would continue up to the 2010 some took pains to b&-presentat the session hall to elections. hear the debates, the others were somewhere in the SeDate premises.. SUSPENSION OF SESSION Senator.Gordon underscored that it is a simple Upon motion of Senator Pangihnan, the session bill that allows ,electronic transmission with a trans- was suspended. parent paper audit trail~preciselyto protect the votes and ensure that they q-e counted correctly and speedily. It was 10:32 p.m, He lamented that some >peoplehave tried to stop the automation process and have changed their positions RESUMPTION OF SESSION on the bill or some of its provisions time and again.
At 12:17 a.m, Thursday, October 12, the session Hsexprpsed disappointment that every time there was resumed. was a tiiscussbn, some Members asked for time-out for a c.au,cus so that more time was spent in caucuses RESUMPTION OF SESSION thai in the sessions. He observed that the situation on the floor during the debates left many people At 12:19 a.m., the session wm resumed. bewildered. He said that it is tragic that the people were beiqg deprived of the opportunity to have a Upon resumption, Senator Pangilinan stated that good law tq. ensure clgin and honest elections. He Senators Osmeila and Roxas have tried to reconcile stresed'that he has tAed to accommodate and to& 586 WEDNESDAY,+ OCTOPER.. ... " I I, 2006 ~ .. ~ . .I , , ~.
appease his colleagues but his efforts to reach a ADJOURNMENT OF SESSION consensus only resulted in' delays and frustrations. He offered the prayer he recited at the opening of Upon motion of Senator Pangilinan, there the session for his colleagues in the hope that those being no objection, the Chair declared the session concerned were listening. adjourned until ten o'clock later that tiloming, Thursday, October 12, 2006. Stressing that respect is earned and that his faith in the people remains, he expressed disappointment It was 12:42 a.m. over what happened and he felt sorry for the people and the country. He expressed hope that when he comes to the session later that morning, Senate Bill I hereby certify to the correctness of the No. 2231 could finally be put to a vote. He clarified foregoing. that he would not mind if his measure was voted down; on the contrary, he would cheer and shake the hands of Members who voted against its passage because at least, they were not afiaid to take a stand. He underscored that the function of the Senate is to debate and clarify issues, albeit not infinitely, and to decide for the best interest of the country.
Approved on November 6, 2006