REPUBLIC OF THE PHILIPPINES

P asay C ity

Journal

SESSION NO. 41 Monday, November 28, 2016

SEVENTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 41 Monday, November 28,2016

CALL TO 01U)ER With 19 senators present, the Chair declared the presence of a quorum. At 3:20 p.m., the Senate President, Hon. Aquilino “Koko” Pimentel III, called the session to order. Senators Angara and Zubiri arrived after the roll call. SILENT PRAYER Senator Cayetano was on “official business” as The Body observed a minute of silent prayer. indicated in the November 28, 2016 letter of the Senator’s chief legislative staff. NATIONAL ANTHEM Senator Ejercito was under preventive suspension. The Senate Choir led the singing of the national Senator Recto was absent. anthem. DEFERMENT OF APPROVAL ROLL CALL OF THE JOURNAL Upon direction of the Senate President, the Upon motion of Senator Sotto, there being no Secretary of the Senate, Atty. Lutgardo B. Barbo, objection, the Body deferred the consideration of the called the roll, to which the following senators Journal of Session No. 40 (November 14, 15, 16, 17, responded: 18, 21 and 22, 2016) as it is still being finalized. Legarda, L. Aquino, P. B. IV B. ACKNOWLEDGMENT Pacquiao, E. M. D. Binay, M. L. N. S. OF THE PRESENCE OF GUESTS De Lima, L. M. Pangilinan, F. N. Drilon, F. M. Pimentel III, A. K. At this juncture. Senator Sotto acknowledged the Escudero, F. J. G. Poe, G. presence in the gallery of the following guests of Gatchalian, W. Sotto 111, V. C. Senator Hontiveros: Gordon, R. J. Trillanes IV, A. F. Honasan, G. B. Villanueva, J. • Barangay Council of Amacalan, Gerona, Tarlac Hontiveros, R. Villar, C. headed by its Barangay Captain, Mario L. Lacson, P. M. Tiamson; and 1 7 664 MONDAY. NOVHMBI-R 28. 2016

• Students from the PUP Circle of Public Adminis­ objection, the Body suspended consideration of tration and Governance. the bill.

Senate President Pimentel welcomed the guests REFERENCE OF BUSINESS to the Senate. The Secretary of the Senate read the following SUSPENSION OF SESSION matters and the Chair made the corresponding referrals: Upon motion of Senator Sotto, there being no objection, the Chair suspended the session to greet BILLS ON FIRST READING Senator Drilon a happy birthday.

h was 3:24 p.m. Senate Bill No. 1236, entitled

RESUMPTION OF SESSION AN ACT MANDATING A TWO THOUSAND PESO (P2,000.00) At 3:26 p.m., the session was resumed. ACROSS-THE-BOARD INCREASE IN THE MONTHLY PENSION WITH COMMITTEE REPORT NO. 9 CORRESPONDING ADJUSTMENT ON HOUSE BILL NO. 3408 OF THE MINIMUM MONTHLY (Continuation) PENSION UNDER THE SOCIAL SECURITY SYSTEM, AMENDING Upon motion of Senator Sotto, there being no FOR THE PURPOSE SECTION 12 objection, tlie Body resumed consideration, on Second OF REPUBLIC ACT NO. 1161 AS Reading, of House Bill No. 3408 (Committee Report AMENDED, OTHERWISE KNOWN No. 9), entitled AS THE SOCIAL SECURITY ACT AN ACT APPROPRIATING FUNDS FOR OF 1997 THE OPERATION OF THE GOVERN­ MENT OF THE REPUBLIC OF THE Introduced by Senator Win Gatchalian PHILIPPINES FROM JANUARY ONE TO DECEMBER THIRTY-ONE, TWO To the Committees on Government Corpora­ THOUSAND AND SEVENTEEN, tions and Public Enterprises; and Labor, Employ­ AND FOR OTHER PURPOSES. ment and Human Resources Development

Senator Sotto stated that the parliamentary status Senate Bill No. 1237, entitled was the period of committee amendments.

Thereupon, the Chair recognized Senator Legarda, AN ACT REQUIRING PUBLIC TELECOMMUNICATIONS ENTITIES sponsor of the measure. TO PROVIDE NATIONWIDE MOBILE NUMBER PORTABILITY SUSPENSION OF SESSION TO SUBSCRIBERS Upon motion of Senator Legarda, there being no objection, the Chair suspended the session. Introduced by Senator Win Gatchalian

It was 3:28 p.m. To the Committee on Public Services

RESUMPTION OF SESSION Senate Bill No. 1238, entitled At 3:30 p.m., the session was resumed. AN ACT REGULATING THE PRACTICE SUSPENSION OF CONSIDERATION OF SPEECH LANGUAGE PATHO­ OF HOUSE BILL NO. 3408 LOGY IN THE PHILIPPINES, PROVIDING FUNDS THEREFOR, Upon motion of Senator Sotto, there being no AND FOR OTHER PURPOSES'rf MONDAY, NOVEMBER 28, 2016 665

Introduced by Senator Sonny Angara AN ACT AMENDING SEC. 35 B (4) OF REPUBLIC ACT NO. 6975, OTHER­ To the Committees on Civil Service, Govern­ WISE KNOWN AS “AN ACT ment Reorganization and Professional Regula­ ESTABLISHING THE PHILIPPINE tion; and Finance NATIONAL POLICE UNDER A REORGANIZED DEPARTMENT RESOLUTIONS OF THE INTERIOR AND LOCAL GOVERNMENT,” AND FOR OTHER Proposed Senate Resolution No. 235, entitled PURPOSES,

RESOLUTION DIRECTING THE PROPER recommending its approval in substitution of SENATE COMMITTEES TO CON­ Senate Bill No. 1052. DUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTED Sponsor: Senator Lacson DEDUCTION BY DSWD OFFICIALS FROM THE FIVE HUNDRED PESO To the Calendar for Ordinary Business (PHP 500) SOCIAL PENSION FOR INDIGENT SENIOR CITIZENS, ADDITIONAL REFERENCE OF BUSINESS IN DIRECT CONTRAVENTION OF REPUBLIC ACT NO. 7432, AS MESSAGE FROM THE HOUSE AMENDED BY REPUBLIC ACT OF REPRESENTATIVES NO. 9994, OTHERWISE KNOWN AS THE EXPANDED SENIOR CITIZENS Letter from the House of Representatives, informing ACT OF 2010 the Senate that on 14 November 2016, the House of Representatives passed the following House Introduced by Senator Grace Poe bills in which it requested the concurrence of the Senate: To the Committee on Social Justice, Welfare and Rural Devehtpment House Bill No. 416, entitled

Proposed Senate Resolution No. 236, entitled AN ACT ALLOWING HOME ECONO­ MICS GRADUATES TO TEACH RESOLUTION IN SUPPORT OF THE HOME ECONOMICS SUBJECTS ONGOING PEACE PROCESS BET­ AND HOME ECONOMICS-RELATED WEEN THE GOVERNMENT OF THE TECHNICAL-VOCATIONAL SUBJECTS REPUBLIC OF THE PHILIPPINES IN ALL PUBLIC AND PRIVATE (GRP) AND THE COMMUNIST ELEMENTARY AND SECONDARY PARTY OF THE PHILIPPINES- EDUCATIONAL INSTITUTIONS, NEW PEOPLE’S ARMY-NATIONAL RESPECTIVELY, CONSISTENT DEMOCRATIC FRONT OF THE WITH SECTION 8 OF REPUBLIC PHILIPPINES (CPP-NPA-NDFP) ACT NO. 10533 OR THE ENHANCED BASIC EDUCATION ACT OF 2013 Introduced by Senator Sonny Angara To The Committee on Education, Arts and To the Committee on Peace, Unification Culture and Reconciliation and House Bill No. 4100, entitled COMMITTEE REPORT AN ACT MANDATING HIGHER Committee Report No. 10, prepared and submitted by EDUCATION INSTITUTIONS AND the Committee on Public Order and Dangerous TECHNICAL-VOCATIONAL INSTI­ Drugs, on Senate Bill No. 1239, with Senator TUTIONS TO ENSURE THE SAFETY Lacson as author thereof, entitled AND SECURITY OF THE ACADEMICr/ 666 MONDAY. NOVF.Mm-R 28. 2016

COMMUNITY FROM INTERNAL ACT, AMENDING FOR THE PUR­ AND EXTERNAL THREATS, POSE SECTIONS 3, 3(a), 3(b), 3(g), THEREBY CREATING A SAFETY 3(i), 7, 7(2), 7(5), 7(6), 7(7), 9(a), 9(c), AND SECURITY COMMITTEE FOR 10, 11, 14(f), 14(g), AND 16; AND THIS PURPOSE REPEALING SECTION 20 OF REPUBLIC ACT NO. 9160, OTHER­ To the Committees on Education, Arts and WISE KNOWN AS THE “ANTI­ Culture; and Public Order and Dangerous MONEY LAUNDERING ACT OF Drugs 2001,” AS AMENDED

BILLS ON FIRST READING Introduced by Senator Paolo Benigno “Bam” Aquino IV Senate Bill No. 1240, entitled To the Committees on Banks, Financial AN ACT UPGRADING THE POSITION Institutions and Currencies; and .lustice and OF THE PROVINCIAL SCIENCE Human Rights AND TECHNOLOGY OFFICER INTO THE PROVINCIAL SCIENCE Senate Bill No. 1243, entitled DIRECTOR IN THE DEPARTMENT OF SCIENCE AND TECHNOLOGY AN ACT CREATING A PHILIPPINE AMENDING REPUBLIC ACT NO. POLLUTANT RELEASE AND 6959, APPROPRIATING FUNDS TRANSFER REGISTRY THEREFOR, AND FOR OTHER PURPOSES Introduced by Senator Grace Poe

Introduced by Senator Paolo Benigno “Bam” To the Committees on Environment and Aquino IV Natural Resources; Health and Demography; and Finance To the Committees on Science and Tech­ nology; Civil Service, Government Reorganiza­ Senate Bill No. 1244, entitled tion and Professional Regulation; and Finance AN ACT MODERNIZING ALL PUBLIC Senate Bill No. 1241, entitled SCHOOLS AND STATE COLLEGES AND UNIVERSITIES IN THE AN ACT GRANTING BROADER PHILIPPINES, APPROPRIATING PROTECTION FOR CONSUMERS FUNDS THEREFOR, AND FOR ADDING NEW PROVISIONS AND OTHER PURPOSES AMENDING CERTAIN PROVISIONS FOR THE PURPOSE REPUBLIC ACT Introduced by Senator Grace Poe NO. 7394, OTHERWISE KNOWN AS THE CONSUMER ACT OF THE To the Committees on Education, Arts and PHILIPPINES Culture; and Finance

Introduced by Senator Paolo Benigno “Bam” Senate Bill No. 1245, entitled Aquino IV AN ACT BANNING THE CATCHING, To the Committee on Trade, Commerce SALE, PURCHASE, POSSESSION, and Entrepreneurship TRANSPORTATION, IMPORTA­ TION, AND EXPORTATION OF ALL Senate Bill No. 1242, entitled SHARKS AND RAYS OR ANY PART THEREOF IN THE COUNTRY AN ACT TO FURTHER STRENGTHEN THE ANTI-MONEY LAUNDERING Introduced by Senator Zubiri r{ MONDAY, NOVEMBER 28, 2016 667

To the Committees on Agriculture and DISABILITIES, AMENDING FOR Food; and Environment and Natural Resources THE PURPOSE REPUBLIC ACT NO. 7277, AS AMENDED, OTHER­ Senate Bill No. 1246, entitled WISE KNOWN AS THE MAGNA CARTA FOR DISABLED PERSONS AN ACT SEGREGATING PARCELS OF LAND WITHIN THE LIBINGAN NG Introduced by Senator Paolo Benigno “Bam” MGA BAYANI ALLOCATED FOR Aquino IV THE REMAINS OF FILIPINO HISTORICAL FIGURES TO BE To the Committees on Social Justice, KNOWN AS THE LIBINGAN NG Welfare and Rural Development; and Finance MGA MAKASAYSAYANG PILIPINO Senate Bill No. 1250, entitled Introduced by Senator Aquilino “Koko” Pimentel III AN ACT AMENDING REPUBLIC ACT NO. 7877, OR THE ANTI-SEXUAL To the Committees on National Defense HARASSMENT ACT OF 1995 and Security; and Finance Introduced by Senator Risa Hontiveros Senate Bill No. 1247, entitled To the Committees on Labor, Employment and Human Resources Development; and Civil AN ACT ALLOWING FOREIGN Service, Government Reorganization and Profes­ VESSELS TO ENGAGE IN COAST­ sional Regulation WISE TRADE IN THE COUNTRY AND FOR OTHER PURPOSES Senate Bill No. 1251, entitled

Introduced by Senator Zubiri AN ACT DEFINING GENDER-BASED ELECTRONIC VIOLENCE, PROVID­ To the Committees on Trade, Commerce ING PROTECTIVE MEASURES AND and Entrepreneurship; Public Services; and PRESCRIBING PENALTIES THERE­ Ways and Means FOR, AND FOR OTHER PURPOSES

Senate Bill No. 1248, entitled Introduced by Senator Risa Hontiveros

AN ACT DECLARING JANUARY 25 To the Committee on Women, Children, OF EVERY YEAR AS A SPECIAL Family Relations and Gender Equality WORKING HOLIDAY THROUGH­ OUT THE COUNTRY TO COMMEMa Senate Bill No. 1252, entitled RATE THE HEROISM AND SACRI­ FICE OF THE FALLEN 44 OF THE AN ACT STRENGTHENING REPUBLIC PHILIPPINE NATIONAL POLICE ACT NO. 8353, OTHERWISE KNOWN SPECIAL ACTION FORCE AS THE ANTI-RAPE ACT OF 1997

Introduced by Senator Maria Lourdes Nancy Introduced by Senator Risa Hontiveros S. Binay To the Committee on Justice and Human To the Committees on Education, Arts and Rights Culture; and Public Order And Dangerous Drugs RESOLUTIONS Senate Bill No. 1249, entitled Proposed Senate Resolution No. 237, entitled AN ACT INCREASING THE POSITIONS RESERVED FOR PERSONS WITH RESOLUTION DIRECTING THE MONDAY, N()V1;MBI;R 28, 2016 668

PROPER SENATE COMMITTEES TO ELECTRIC POWER INDUSTRY CONDUCT AN INQUIRY, IN AID REFORM ACT OF 2001 IN LIGHT OF LEGISLATION, ON THE REPORTED OF THE ALLEGED SUICIDE OF ERC PERSISTENCE OF CHILD PORNO­ DIRECTOR ATTY. FRANCISCO GRAPHY AND PROSTITUTION IN “JUN” VILLA THE PHILIPPINES, AND THE Introduced by Senator Win Gatchalian APPARENT NEED TO AMEND EXISTING LAWS AND MAKE THEM To the Committee on Energy MORE RESPONSIVE IN DETERRING AND PENALIZING CHILD PORNO­ COMMUNICATIONS GRAPHY AND PROSTITUTION Communications from the Supreme Court of the Introduced by Senator Grace Poe Philippines, furnishing a copy of its Decision in the Case of JERWJN DORADO vs. PEOPLE, To the Committees on Women, Children, to Congress for their information and guidance Family Relations and Gender Equality; and in future legislation regarding children in conflict Science and Technology with the laws.

Proposed Senate Resolution No. 238, entitled To the Committee on Justice and Human RESOLUTION HONORING AND COM­ Rights MENDING THE OUTSTANDING Letters from the Bangko Sentral ng Pilipinas, WOMEN IN THE NATION’S SERVICE transmitting to the Senate copies of the following (TOWNS) 2016 AWARDEES certified and authenticated BSP issuances in Introduced by Senator Maria Lourdes Nancy compliance with Section 15(a) of Republic Act No. 7653 (The New Central Bank Act): S. Binay

To the Committee on Rules Circular Letter Nos. CL-2016-087 and 088 dated 28 October and 3 November 2016; Proposed Senate Resolution No. 239, entitled and

RESOLUTION CONGRATULATING Memorandum No. M-2016-014 dated 2 AND COMMENDING SENATOR November 2016. LOREN B. LEGARDA FOR HER APPOINTMENT AS WOMEN IN To the Committee on Banks, Financial PARLIAMENTS GLOBAL FORUM Institutions and Currencies AMBASSADOR FOR THE REPUBLIC OF THE PHILIPPINES COMMITTEE REPORT

Introduced by Senator Aquilino Koko Committee Report No. 11, prepared and submitted by the Committee on Foreign Relations, on Pimentel III Proposed Senate Resolution No. 241, entitled To the Committee on Rules RESOLUTION CONCURRING IN THE Proposed Senate Resolution No. 240, entitled RATIFICATION OF THE ARTICLES OF AGREEMENT OF THE ASIAN A RESOLUTION DIRECTING THE INFRASTRUCTURE INVESTMENT APPROPRIATE SENATE COMMIT­ BANK, TEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE recommending its approval without amendment. MANDATE, POWERS, AND FUNC­ TIONS OF THE ENERGY REGULA­ Sponsors: Senators Cayetano and Legarda TORY COMMISSION (ERC) UNDER REPUBLIC ACT NO. 9136 OR THE To the Calendar for Ordinary Business r f MONDAY, NOVEMBER 28, 2016 660

FY 2017 ACKNOWLEDGMENT Department/ FY 2017 GAB Agency/Fund H B No. 3408 Senate Version OF THE PRESENCE OF GUESTS Congress of the 3,974,450,000 4,186,450,000 At this juncture. Senator Sotto acknowledged the Philippincs-Senatc presence in the gallery of Mayor Roberto Llamas Department of Arcinue, represented by his son. Mayor John Rodney Agrarian Reform - Office of the Secretary 9,801,491,000 9,801,491,000 V. Arcinue, and barangay officials of Sual, Pangasinan. Department of Agriculture Senate President Pimentel welcomed the guests - Office of the Secretary 35,200,647,000 35,440,647,000 to the Senate. - Philippine Fiber Industry Development Authority 258,457,000 358,457,000 SUSPENSION OF SESSION Department of Education - Office of the Secretary 542315.614.000 545,693,912,000 Upon motion of Senator Sotto, there being no - National Book objection, the Chair suspended the session. Development Board 36,044,000 41,044,000 - National Council for It was 3:44 p.m. Children’s Television 13,910,000 25,910,000 - National Museum 649,611,000 654,611,000 RESUMPTION OF SESSION Senator Legarda stated that the increase in the At 4:54 p.m., the session was resumed. budget of the Office of the Secretary was for site development of public schools, funding for the COMMITTEE REPORT NO. 9 school feeding program, additional PI,000 cash ON HOUSE BILL NO. 3408 allowance for all classroom teachers, and additional {Continuation) school buildings.

Upon motion of Senator Sotto, there being no State Universities objection, the Body resumed consideration, on Second and Colleges 57,4.t(),585,000 63,615,277,000 Reading, of House Bill No. 3408 (Committee Report No. 9), entitled Senator Legarda stated that the budget of the SUCs was increased by P6.18 billion to fund addi­ AN ACT APPROPRIATING FUNDS FOR tional Capital Outlays of various SUCs, with a THE OPERATION OF THE GOVERN­ minimum increase of P50 million for each SUC. She MENT OF THE REPUBLIC OF THE added that additional funds were also provided for PHILIPPINES FROM JANUARY ONE scholarships. TO DECEMBER THIRTY-ONE, TWO THOUSAND AND SEVENTEEN, AND Department of Energy 1,098,786,000 1,100,786,000 FOR OTHER PURPOSES. Department of Environment and Natural Resources Senator Sotto stated that the parliamentary status - Office of the Secretary 22,672,999,000 21,682,099,000 was the period of committee amendments. - Mines and Geo- Sciences Bureau 1,158.023 1,160,923 Thereupon, the Chair recognized the sponsor. Senator Legarda who manifested that she would be Senator Legarda explained that the increase in introducing tlie committee amendments, as well as tlie budget of the Mines and Geo-Sciences Bureau individual amendments that were submitted to and was for the procurement of drones for aerial geo­ accepted by the Committee on Finance. hazard mapping and environment-related matters and training of aerial geo-hazard mapping specialists. COMMITTEE AMENDMENTS Department of Foreign Affairs Senator Legarda presented and submitted the - Office of the Secretary 16,506,616,000 16,511,616,000 following amendments which, upon her motion, were Department of Health - Office of the Secretary 93,753,075,000 99,089,075,0011 approved by the Body: r 670 MONDAY. NOVEMBER 28, 2016

Senator Legarda stated that the additional - Armed Forces of the Philippines allocation for the DOH was for the Doctors to General Headquarters, the Barrio program in the amount of PI.620 billion; AFP and AFP Wide procurement of medicines, P3 billion; health facilities; Service Support Units and medical assistance, for a total increase of (AFPWSSUs) 34,033,053,000 34,368,078,000 P5.3 billion. Senator Legarda said that the increase in the Department of Information budget of the PVAO was for the repair of the Vete­ and Communications rans Center, administration and repair of the Balete Technology Pass, Expanded Veterans’ Hospitalization Program, - Office of the Secretary 2,976,382,000 2,998,882,000 implementation of the Master Development Plan of - Cybercrime Investigation the Lihingan ng mga Bayani, rehabilitation/improve- 13,744,000 and Coordination Center 6,225,000 ment of the National Shrine of USAFIP and the Department of the Interior Kiangan National Shrine and the retrieval/preservation and Local Government of Philippine historical records from the US archives. - Office of the Secretary 8,140,506,000 8,240,506,000 - Bureau of Fire Department of Public Protection 12,977,200,000 12.987,200,000 Works and Highways - Office of the Secretary 454,223,700,000 443,755,692,000 - Bureau of Jail Management Senator Legarda explained that the negative and Penology 11,140,975,000 11,528,975,000 P7.8 billion is the net effect of the addition of - Local Government P6.7 billion in infrastructure projects and the cut Academy 232,492,000 262,492,000 of P8.3 billion that was transferred to the ARMM. - Philippine National She stated that it was the gist of the interpellation Police 110,174,728,000 111,261,615,000 of Senator Lacson. Senator Legarda stated that the increase in the Department of Science budget of the Office of the Secretary was for the and Technology implementation of the People’s Law- Enforcement - Office of the Secretary 4349,197,000 4,405,197,000

Board; the additional budget for the BJMP was for Department of Social the additional subsistence allowance of prisoners; Welfare and Development and the increase in the budget of the Philippine - Office of the Secretary 127,838,504,000 128,078,504,000 National Police was for the purchase of helicopters. Senator Legarda said that P350 million of the Department of Justice DSWD-OSEC increase was provided for the centena­ - OfTice of the Secretary 5,213,450,000 5,223,450,000 rians and PI billion for the supplemental feeding - Bureau of Corrections 2,167,600,000 2,330,600,000 program. - National Bureau of Investigations 1,298,283,000 1,318,283,000 Department of Tourism - Office of the Secretary 2,270,475,000 2,275,475,000 - OfTiee of the Solicitor General 724,197,000 803,613,000 Department of Trade and Industry Senator Legarda stated that the increase in the - Office of the Secretary 4,023,851,000 5,033,851,000 budget of the Office of the Secretary was for the Department of renovation/upgrading of the Judicial Academy, while Transportation the increase in the budget of the BuCor was for the - Office of the Secretary 44,677,312,000 45,689,419,000 additional subsistence allowance for prisoners. - Maritime Industry Authority 791,395,000 801,288,000

Department of Labor - Philippine Coast Guard 7,429,297,000 7,179,297,000 and Employment - Office of the Secretary 8,398,727,000 8,538,727,000 Senator Legarda pointed out that there was re­ Department of alignment of the budget in the Office of the Secretary National Defense because the DOTr will procure the Maritime Safety - Philippine Veterans Improvement Project. Affairs Office (Proper) 497,751,000 899,305,000 r MONDAY, NOVEMBER 28, 2016 671

National Economic and Autonomous Region Development Authority in Muslim Mindanao - Office of the Director - Autonomous Regional G eneral 1,576,012,000 1,692,312,000 Government in Muslim Mindanao 32,256,846,000 40,573,946,000 Other Executive Offices - Anti-Money Laundering Senator Legarda stated that the Senate version Council 29,410,000 34,410,000 restored the previous cut in the GAB of P8.3 billion. - Climate Change Commission 86,361,000 62,946,000 The Judiciary 31,642,623,000 31,813,674,000 - Commission on Higher Education 10,467,475,000 18,704,475,000 Sandiganbayan 499,730,000 645,781,000 Court of Appeals 1,733307,000 1,753,307,000 - Commission on the Filipino Language 58,601,000 68,601,000 Court of Tax Appeals 304,433,000 309,433,000 - Energy Regulatory Civil Service Commission 337,988,000 411,841,000 Commission 1,250,531,000 1,260,948,000 - Film Development Commission Council of the Philippines 88,021,000 92,021,000 on Elections 3,118,137,000 3,117,137,000

- National Commission Commission for Culture and on Human Rights 471,658,000 724,868,000 the Arts-Proper 29,626,000 177,626,000 Senator Legarda remarked that there was an - National Historical increase of P253 million for CHR in the Senate version. Commission of the Philippines 638.698.000 635,698,000 Department of Agriculture National Dairy Authority 189,945 ,000 199,945,000 - National Archives of the Philippines 123.723.000 126,523,000 Department of Energy National Electrification - National Commission Administration 1,817,100,000 1,824,100,000 on Indigenous Peoples 1,122,331,000 1,125,331,000 Department of Health - National Commission Lung Center of the Philippines255,190,000 265,190,000 on Muslim Filipinos 551,832,000 530,702,000 National Kidney and - National Security Council 142,231,000 152,231,000 Transplant Institute 454,854,000 464,854,000 - National Youth Commission 141,501,000 142,501,000 Philippine Children’s - Office of the Presidential Medical Center 539,163,000 544,163,000 Adviser on the Peace Philippine Health Process 8,062,519,000 8,062,519,000 Insurance Corporation 50,221,221,000 53,221,221,000 - Philippine Commission on Women 77,989,000 81,989,000 Senator Legarda said that the Senate version - Philippine Competition increased the PhilHealth budget for the universal Commission 402317,000 403,817,000 health coverage of all indigent Filipinos to ensure that - Philippine Drug no indigent would be turned away in any state-owned Enforcement Agency 1,153,496,000 1,839,762,000 hospitals. - Philippine Sports Philippine Heart Center 373,917,000 383,917,000 Commission 203,547,000 223,547,000 Department of Trade - Technical Education and Industry and Skills Development Aurora Pacific Economic Zone Authority 6,827,759,000 6,732,759,000 and Freeport Authority 59,115,000 40,000,000 Senator Legarda said that P8 billion was set up Department of Tourism in the budget of CHED for free tuition fees in all Tourism Infrastructure and SUCs and additional funds for incentives and grants. Enterprise Zone Authority 0 20,000,000 National Housing Authority 12,635,748,000 12,655.748,000 Regarding the budget of the Office of the National Irrigation Presidential Adviser on the Peace Process, she said Administration 36,357,941,000 38.376,441,000 that the same amount was maintained but there was a realignment in the budget for confidential expenses Senator Legarda said that the Senate version and infrastructure outlay. allocated P2 billion for irrigation fee subsidy. r 672 MONDAY, NOVEMBER 28, 2016

Philippine Center Energy Corporations for Economic Development 34,745,000 44,745,000 National Electrification Administration 6,086,007,000 6,093,007,000 Philippine Coconut Authority 1,423,772,000 1,423,772,000 National Power Senator Legarda said that the same amount Corporation 20,988,178,000 20,988,178,000 was maintained, except that there was an internal Philippine National Oil 965,009,000 965,009,000 realignment from Coconut Fertilization Project to Total New Appropriations 2,499,486,952,000 2,499,486,952,000 Kaanib Community Household Level Coconut Processing Project. Programmed Funds 2,431,986,952,000 2,431,986,952,000 Unprogrammed Funds 67,500,000,000 67,500,000,000 Subic Bay Metropolitan Authority 1,596,744.000 2,149,744,000 As she ended her presentation of the committee Metropolitan Manila and individual amendments. Senator Legarda recalled Development Authority 2,128,020,000 2,178,020,000 being infused during the dayoM’ presentation at the Local Government NCCA by the Kalingas who presented to her a Fund Support 39,484,341,000 39,686,341,000 gangsa that was specially made for the Senate by Miscellaneous Personnel one of the national living treasures from Kalinga, Benefits Fund 96,101,603,000 86,355,856,000 Alonzo Saclag. The Kalingas, she said, were one of the recipients of the NCCA projects. She hoped that Senator Legarda said that there was a realignment the gong will bring peace to the Senate as it brought within the MPBF: P12 billion for combat pay and peace to the warring tribes in the Cordilleras. P22L927 million for the implementation of the National Budget Circular No. 461. At this juncture, Senator Legarda banged the gong. National Disaster Risk Reduction and GENERAL AND SPECIAL PROVISIONS Management Fund 36,255,000,000 13,247,027,000 At the instance of Senator Legarda and upon Again, Senator Legarda explained that the funds motion of Senator Sotto, there being no objection, the within the NDRRMF budget was realigned to provide committee amendments in the form of General and for the QRF for the National Electrification Adminis­ Special Provisions of the GAA were deemed read tration. She said that a portion of the QRF of OCD into the record and approved by the Body. was distributed to provide capital outlay and the cut in the NDRRM Fund was to provide support The General and Special Provisions were for the agencies that had augmentation. She noted contained in a voluminous document, a copy of that in 2015, only P5 billion was spent by the which is available at the Legislative Budget NDRRM fund. Research and Monitoring Office (LBRMO).

Pension and Gratuity TERMINATION OF THE PERIOD Fund 142,292,622,000 140,792,622,000 OF COMMITTEE AMENDMENTS

Senator Legarda said that there was a realign­ There being no other committee amendment, ment of P246,728,000 to fund the post-World War II upon motion of Senator Sotto, there being no objection, veterans. On the other hand, she said that the the Body closed the period of committee amendment Rehabilitation and Reconstruction Program Fund is a and proceeded to the period of individual amendments. new appropriation of P 1.5 billion to provide funding TERMINATION OF THE PERIOD to government agencies that could not be accommo­ OF INDIVIDUAL AMENDMENTS dated by the NDRRM Fund. There being no individual amendment, upon motion Unprogrammed of Senator Sotto, there being no objection, the Body Appropriations 67,500,000,000 67,500,000,000 closed the period of individual amendments.

Senator Legarda said that in the Senate version, APPROVAL OF HOUSE BILL NO. 3408 there is an internal realignment for the Capability ON SECOND READING Enhancement Program of the Philippine National Police. Submined to a vote, there being no objection. r MONDAY, NOVEMBER 28, 2016 673

House Bill No. 3408 was approved on Second APPROVAL OF HOUSE BILL NO. 3408 Reading. ON THIRD READING

PRESIDENTIAL CERTIFICATION Pursuant to the presidential certification, upon motion of Senator Sotto, there being no objection. Secretary Barbo read only the title of the bill, to wit: Upon direction of the Chair, Secretary Barbo read the presidential certification as to the necessity AN ACT APPROPRIATING FUNDS FOR of the immediate enactment of House Bill No. 3408, THE OPERATION OF THE GOVERN­ as follows: MENT OF THE REPUBLIC OF THE PHILIPPINES FROM JANUARY ONE MALACANAN PALACE TO DECEMBER THIRTY-ONE, TWO MANILA THOUSAND AND SEVENTEEN 11 October 2016 AND FOR OTHER PURPOSES. SEN. AQUILINO “Koko” PIMENTEL 111 Secretary Barbo called the roll for nominal Senate President The Philippine Senate voting. Pasay City RESULT OF THE VOTING Dear Senate President Pimentel: The result of the voting was as follows: Pursuant to the provisions of Article VI, Section 26 (2) of the 1987 Constitution, I hereby certify to the necessity of the immediate In favor enactment of House Bill No. 3408, entitled Angara Lacson AN ACT APPROPRIATING FUNDS FOR THE Aquino Legarda OPERATION OF THE GOVERNMENT OF Binay Pacquiao THE REPUBLIC OF THE PHILIPPINES De Lima Pangilinan FROM JANUARY ONE TO DECEMBER Drilon Pimentel THIRTY-ONE, TWO THOUSAND AND Escudero Poe SEVENTEEN AND FOR OTHER PURPOSES, Gatchalian Sotto in order to address the need to maintain Gordon Villanueva continuous government operations following Honasan Villar the end of the current fiscal year (FY), to Hontiveros Zubiri expedite the funding of various programs, projects and activities for FY 2017, and to ensure Against budgetary preparedness that will enable the government to effectively perform its Constitu­ None tional mandate. Abstention Best regards. None Very truly yours, (Sgd.) RODRIGO R. DUTERTE With 20 senators voting in favor, none against, and no abstention, the Chair declared House Bill Copy furnished: No. 3408 approved on Third Reading.

Speaker Pantaleon D. Alvarez MANIFESTATION OF SENATOR SOTTO House Speaker House of Representatives Senator Sotto manifested that Senator Recto has Batasan Hills, Quezon City submitted a written explanation of his vote which he Sec. Adelino B. Sitoy would have delivered had he been present during Head the voting, and requested that it be submitted into Presidential Legislative Liaison Office the record. 2/F New Executive Building Malacaflang, Manila The Chair noted the manifestation. r 674 MONDAY. NOVEMBER 28. 2016

Budget Delayed is Development Denied So if the proposed budget were a car, there “W HAT USE IS THE BUDGET was no time to put it through virtual simulated IF NOT SPENT ON TIME, IN FULL, situations, much more road-test it. AND FOR THE RIGHT PROJECTS?” So it was left to Congress—to the House and the Senate—to subject it to a stress test. In the opening remarks of my interpellation of this budget, 1 described this P3.35 trillion And in the Senate, I can say that the review, check we are about to co-sign as the first of “six from the committee to the plenary, was rigorous. annual installments” that this administration will In this hall alone, the Chairperson probably be making to redeem its many promises. logged 100 hours fielding questions in 10 days, a punishing mental aerobics which, as we can all 1 also called this the “15 percent downpay­ see, shed her pounds but bulked up our ment” of what it intends to deliver by 2022. Not budgeting knowledge. only are Filipinos acquiring things in ‘gives’, their government does it too. And in the course of all our interpellations, what would have been the factory defects of the But what I failed to mention is that this budget cropped up. budget is an ad hoc budget, hastily assembled by a government which had just assumed power And that discovery process is the layman’s but has to dash to meet a constitutional deadline definition of “budget authorization,” which is to to submit next year’s spending plan. probe the budget for its weaknesses in order to prescribe the cure. From Budget Call to the submission of the BESF, NEP and other principal documents to Congress will be remiss in its duties, if, after Congress, this is a period that normally takes six diagnosing the defects, it will not apply the remedy, for as long as-and this is an important months. caveat-it is not worse than the disease. But this year, it took Just six weeks from the So on the part of the minority, we did our time the new president laid his hand on the Bible assigned role with vigor, and most of the to the day the new budget secretary handed observations we made were validated as true by over the proposed 2017 national budget to the sponsors. congressional leaders. We will cite just a few because the points of Considering the time constraints, putting agreement are too many to be catalogued. together 5,097 pages of budget documents was by no means a small feat. We cited the fact that large swaths of the budget remain unitemized. Lump sums have not This is not to say that the new team merely been unbundled, and this is obvious in many copy-pasted what the old had left behind megabillion one-line item appropriations in the because the budget bears the imprint - and the budgets of DPWH, DA, DepED, DENR, DOTr - initiatives - of the new government. projects with price tags teeming with zeros, but But what cannot also be denied is that the devoid of details. budget seems to be a completely built unit, a We argued that itemization is the antidote to CBU, left in the DBM garage by the past underspending. By knowing where funds will go, administration, and which the new tenants, for who will implement it, and details of what will be lack of time, merely tweaked, accessorized, and implemented, the projects will be delivered on rebadged. time. To make the budget terrific, make it specific. It may be sporting a new paint, but scratch We recommended that projects be geo- the surface and a yellow car shines underneath. tagged. If Waze can tell us where the conges­ And this is not to say that it is bad, because tions are, then government probably can have a if there is one fatal mistake an incoming GPS - Government Project Site - system which government can make, it is to try to reinvent the pinpoints the coordinates of a project. wheel. We called for ironclad penalties against While new kids on the block ride to power underspending - presidential invectives included on cars with new bumper stickers, there are - because what use is the budget if it will not be institutional things in governance that should spent in full and in time. Trickle-down spending not be changed. Leaders can be overthrown but has no place in a country running a huge infra­ not the entire system. We do not throw the baby structure backlog. Budget delayed is develop­ out with the bathwater. ment denied. rfr MONDAY, NOVEMBER 28, 2016 675

In the case of DOTr, P38 billion worth of rail, increased to 25 pesos, because anyone who can air, maritime, road projects did not leave the whip up a nutritious meal on 13 pesos should station, take off, roll out, or leave the port. win the Magsaysay Award in kitchenomics. The same delay plagued DepED. As 1 speak, Yes, costlier meals will cost us more because accumulated backlogs from 2014 to 2016 have there are no free lunches. But the P2.5 billion created a pile-up of 64,000 unfinished classrooms, additional budget is small compared to the P328 18,700 unhired teachers, 1,700 unconstructed tech- billion annual losses caused by childhood voc and computer labs, 91.7 million undelivered malnutrition. books, and 15,400 unpurchased Science and Math We proposed a PI.6 billion increase in the lab equipment. Budget delayed is education denied. budget of the Rural Health Practice Program of We called your attention to the emerging the DOH. This will end the looming “en-DOH” of bad habit among agencies to transfer their 6,000 nurses deployed to towns too far and too expiring allocations to other agencies and then poor to lure medical professionals. report them as fund utilization. We also pleaded that we add P3 billion to Unloading funds on another government the Health department’s drugs and medicines agency is neither fund utilization, nor procurement budget, in order to stock up public procurement. It is an accounting trick to clean up pharmacies, because for the poor, a doctor’s the books so it may submit a glowing report drug prescription remains as such, prescribed card. Agencies must spend the buck, not pass it. but never purchased. We called for the reinstallation of the We even bean-counted some unmet needs “rearview mirror” provision in the national budget and unfunded mandate, the small items over­ so that policymakers and the public would know looked in a document swarming with billion peso if projects funded in past general appropriations signs. As it is true in life as it is in budgeting, laws have indeed been implemented. the essentials are often invisible to human eye. Budgeting is not Just about looking forward. We discovered that the budget for It also entails a great deal of looking back. While incentives for centenarians is lacking, so we the budget documents show us the road ahead, pushed that it be increased. it doesn’t report on the road travelled. We drafted a proposed language in the DepEd budget so that unused funds can be used We also advocated the installation of an to increase the PI,500 chalk allowance of teachers. employment odometer on the budget, so we will but these are the bullets our know that for a P3.35 trillion stimuli, how many Maliit na bagay\ soldiers in the war against illiteracy use. Jobs it will create in a nation requiring 12 million in six years. We commiserated with the Philippine National Police when reports painted a picture of We underscored the need for the restoration partially gunless, earless, communications-less of the “Buy Philippine Made” provision in the police force. But Bato does not need a shoulder budget, so that government’s bulk-buying power to cry on. He and his men need more equipment can add muscle to the domestic manufacturing so there will be fewer mothers crying the loss of sector we are spending money to “revive and their sons, killed by hoodlums, in uniform or not. thrive.” So we proposed that P5 billion in the What we can manufacture here, we don’t Unprogrammed Fund be earmarked for police have to import from abroad. One good example equipment, firearms, cars, boats, offices, are the car plates. A small piece of tin we chose buildings. Kung dito kinukuha ang mga utang to source from the Netherlands. Yet here we are sa PPP, bakit Hindi para sa mas importanteng building megaton ships in Cebu. PPP - Palaban na Pulis na Pilipino. While we perused the large-font thrusts So that for those in distress, help is minutes of this budget, we also examined its fine print. away by text or phone call. And so that when A few examples; these officers patrol our streets at night, a We cited the incredulity of the 13-peso grateful citizenry secure in their homes, will say: budget of the meals we serve to malnourished “There, by the grace of our taxes, go the people kids in schools and daycares. who keep us safe.” Our prison’s “ 17-peso preso value meals” And, yes, the minority, true to its promise, are costlier than the 13-peso meals we feed our also viewed the budget from the prism of children. We respectfully recommended that it be revenues. 676 MONDAY. NOVEMBER 28, 2016

We did not forget that it is taxation which Aside from the fair stance of the majority, makes appropriations possible. That every project there is another factor which influences my vote carries a price tag, which will be shouldered by the on this budget and this is about the provenance taxpayer. of this bill. As I’ve said, it is an ad hoc measure It is the realization that every peso this whose weaknesses 1 hope have been cured budget spends will be collected from the people, during the budget authorization phase. which tempered our tendency Jo act like a money It is also the maiden budget of the mint. Budgeting is telling where money should administration, and in my book, the honeymoon go, and not to print ‘unli’ money. period it enjoys must extend to its first spending So this is why we argued for a minimum 10 bill, more so if it is largely a CBU inherited from percent cut in the bureaucracy’s cellphone, the past. electricity, travel, gasoline, advertising, and other So, I vote “Yes” to this bill because one non-essential expenses in order to free billions cannot have a hand in shaping it and then in for health and other social services. effect deny and delete authorship of certain We believe the budget peso can still be parts by voting later in the negative. stretched by converting office overhead into But 1 would like to stress that my “Yes” vote medicines, school lunches, and other things is only on this particular Juncture of the process, poor people and communities need. this Senate stop. For example, next year’s proposed P13.8 If what will be returned to us from the billion outlay for water, lighting and electricity, bicameral conference is a mangled version which could withstand a 10 percent cut without beyond recognition, then 1 will vote “No”. curtailing service and efficiency. And lastly, let us not lose sight of the fact Another example of an expenditure which that the budget remains a thick promissory note can be cut is the government’s proposed unless redeemed by fast, transparent and PI7.7 billion travelling expense. Tutal, sinabi Judicious spending. All our labors, all the taxes ni Presidente Digong na allergic siya sa mga paid by the people, are for naught, if it is not adik sa lakbay aral. Travel’s cousin, which is properly and promptly spent. training, should be pared down, too. Education need not be acquired through excursions. SENATE CONFEREES Why did the minority propose this? Because by cutting expenses, we believe we could lighten With the consent of Senator Legarda, upon the burden this budget will impose on our people. nomination by Senator Sotto, there being no objection, The parliamentary tradition is that the Senate President Pimentel designated the following minority votes against the budget. Honestly, I to constitute the Senate panel in the Bicameral Con­ subscribe to that practice, and will honor it, if- ference Committee on the disagreeing votes on and that’s a big “If’—the minority’s views were House Bill No. 3408: Senator Legarda, as chairperson, not heard and heeded. and Senators Sotto, Binay, Angara, Villar, Lacson, But the records of this chamber over the Recto, Zubiri and Drilon as members. past two weeks show a majority not only accommodating our views, but seconding and AD.IOURNMENT OF SESSION Joining us in our many manifestations. If this budget were a fabric, we were not Upon motion of Senator Sotto, there being no barred from operating the loom, though not often, objection, the Chair declared the session adjourned but frequent enough to qualify us as partners. until three o’clock in the afternoon of the follow­ Which 1 think is a good policy, and 1 thank ing day. my colleagues on the other side of the aisle for embracing it, for that should be the way a P3.35 It was 5:37 p.m. trillion spending bill must be scrutinized, in a manner in which partisan lines dissolve. I hereby certify to the correctness of the To me, that is also the other meaning of foregoing. open budgeting, which is to insulate it from partisan warfare, and in letting all contribute in ATTY. LUTGARDO B. BARBO the shared task of improving the budget so it Secretary of the Senate evolves into a true instrument for peace, progress and prosperity. Approved on December 5, 2016