REPUBLIC OF THE PHILIPPINES Senat:e Pasay City

Journal

SESSION NO. 28 Wednesday, October 16,2013

SIXTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 28 Wednesday, October 16, 2013

CALL TO ORDER ROLL CALL

At 3: 15 p.m., the Senate President, Han. Franklin Upon direction of the Chair, the Secretary of M. Orilon, called the session to order. the Senate, Atty. Oscar G. Yabes, called the roll, to which the following senators responded: PRAYER Angara, S. Lapid, M. L. M. Sen. Pia S. Cayetano led the prayer, to wit: Aquino, P. B. IV. B. Legarda, L. Binay, M. L. N. S. Marcos Jr., F. R. "God is our refuge and strength, an ever· Cayetano, A. P. C. S. Osmefta III, S. R. present help in trouble. Therefore, we will not fear, though the earth gave way and the Cayetano, P. S. Pimentel III, A. K. mountains fall into the heart of the sea; though Orilon, F. M. Poe, G. its waters roar and foam, and the mountains Ejercito, J. V. G. Recto, R. G. quake with their surging" Escudero, F. J. G. Revilla Jr., R. B. Estrada, J. Sotto Ill, V. C. Psalms 46:1·3 Guingona III, T. L. Villar, C. A. With fear, pain, anguish and uncertainty Honasan, G. B. gripping the hearts of many people, we tum to You, the heat of our souls, the source of With 21 senators present, the Chair declared the strength for everything in life. And we ask presence of a quorum. for Your peace, for Your provisions and for Your special presence at this time especially Senator Trillanes arrived after the roll call. for our brothers and sisters, the Boholanons and the Cebuanos, and fellow citizens in different areas of the country. Senator Enrile was on official mission. We ask that we might be given success in Senator Defensor Santiago was on sick leave. the areas of rescue, restoration and renewal, and we trust that You will help us recover and that You will purif'y our spirits, cleanse APPROVAL OF THE JOURNAL our systems, and usher the Philippines into a new and a more desirable phase of our Upon motion of Senator Cayetano (A), there existence as a nation. being no objection, the Body dispensed with the This is our prayer in the Name of Jesus reading of the Journal of Session No. 27 (October 14, 2013) and considered it approved. Christ, our Lord and Saviour. Amen. r 518 WEDNESDAY, OCTOBER 16, 2013

SUSPENSION OF SESSION Senate. All my life, I have always adhered to the rule of law. All my life, it has always been Upon motion of Senator Cayetano (A), the about justice. session was suspended. As former Secretary of Justice, I have always believed in the paramount pursuit of It was 3:18 p.m. justice. I am therefore appalled that there are talks RESUMPTION OF SESSION of cover-up. I have never been a part of any cover-up and I will never be. At 3: 19 p.m., the session was resumed with Therefore, I wish to inform my colleagues Senate President Pro Tempore Recto presiding. and the public that I have decided to sign the subpoena requiring Janet Napoles to appear QUESTION OF PRIVILEGE before the Senate through the Blue Ribbon OF SENATE PRESIDENT DRILON Committee. I repeat, I have decided to sign the sub­ Rising on question of personal and collective poena requested by Senator Teofisto L. privilege, Senate President Orilon delivered the Guingona III to require Janet Napoles to appear following speech: before the Senate Blue Ribbon Committee. I met earlier today with Senate officers, It will be recalled that Ombudsman Conchita particularly, Senate President Pro Tempore Carpio-Morales cautioned us about calling the Sen. Ralph Recto, Majority Leader Sen. Alan pork barrel scam principal suspect Janet Napoles Peter Cayetano, and the chairman of the Blue "at this time" before the Blue Ribbon Committee Ribbon Committee, Sen. Teofisto Guingona III. public hearings as it can create problems for the I have informed them that I have finally decided investigation being conducted by the Ombudsman. to sign the subpoena and compel Napoles to Subsequently, upon the request of Sen. appear and testifY before the Senate. Teofisto L. Guingona III, we wrote another letter, They are fully supportive of this decision. informing her of a request for a reconsideration of her decision and Ombudsman Carpio Morales With this decision, let me emphasize that the reiterated that, indeed, she is standing by her Senate remains committed to the orderly previous advice that it would be prudent, at this administration of justice. We have a functioning time, not to call on Miss Napoles. justice system that will clear the innocent and punish the guilty. Our priority is to prosecute However, while she maintained her position those who are involved and ensure that those of caution, she told us that she will defer to the who misused public funds will be held collective judgment of this august Body. accountable for their actions, and those with no It is unfortunate that my decision to adhere evidence and clearly innocent will be declared to the advice of Ombudsman Morales - to innocent and acquitted from these charges. which I concurred at that time as the more As your Senate President, I have always prudent and responsible action to take to ensure said that this Senate investigation will be an orderly administration of justice - has been relentless in the pursuit for the truth. I consider misconstrued as an effort to hide the truth. the pork barrel scam as a great injustice to the The public criticism that came our way has Filipino people. undoubtedly injured the image of this institution The Senate as an institution has always before a public hungry to see Janet Napoles been on the side of the truth. We saw this during being grilled in the Senate halls. the impeachment of former Chief Justice Renato My decision to defer the signing of the sub­ Corona and the other investigations against poena even created an opportunity for certain corruption especially during the Arroyo adminis­ members of the opposition, particularly those tration. Certainly, in this unprecedented case who seek to block our anti-corruption reforms, to where even members of the Senate are allegedly conduct a media vilification campaign against me involved, we will not shirk from our responsibility. and President Aquino's administration. Ensuring that justice is upheld will always As the head of this institution, I must lead be the priority of this administration and that is in restoring the confidence of our people in the the reason why we are now working towards r WEDNESDAY, OCTOBER 16,2013 519

holding accountable those who have taken Senate President Orilon replied that the Senate advantage of the loopholes in the system. is not bound by anything coming from the other As your elected legislators, we will see to branches of government. He again emphasized that it that no stone will be left unturned in enact­ he simply sought the advice of the Ombudsman, a ing policy changes that will guarantee that this constitutional body, and it is up to the Senate whether mUltibillion-peso scam will never ever happen to adhere to or ignore the advice. again. With that, I am confident that I will have the INTERPELLATION OF SENATOR SOTTO support of the entire Senate in this continuous quest, to seek the truth, to come out with the Senator Sotto expressed the wholehearted support truth, and to make our justice system work. of the Minority to the Senate President's decision, saying that the Minority had discussed the matter INTERPELLATION OF SENATOR ESTRADA a number of times and even thought of allowing the M,yority to decide on it. At the outset, Senator Estrada commended and supported Senate President Orilon for his decision to At this point, Senator Sotto appealed to the sign the subpoena for Mrs. Janet Napoles to appear Senate President to look into the repeated request of before the Blue Ribbon Committee, saying that he, Senator Binay for the issuance of a subpoena duces together with Senators Revilla and Enrile, who was tecum which the Blue Ribbon has not acted upon. among those being implicated in the pork barrel He said that the request was made even before there scam, ought to know the truth. He also hoped that was a request to subpoena Mrs. Napoles. when Mrs. Napoles appears before the Blue Ribbon Senate President Orilon assured the Body that Comittee, she would tell the truth so that the guilty the Chairman of the Blue Ribbon Committee would could be punished and the innocent acquitted. look into the matter. However, Senator Estrada stated that he dis­ INTERPELLATION OF SENATOR OSMENA agreed with the move of the Senate President when the latter sought the opinion of the Ombudsman Senator Osmena expressed his full support for on the propriety of summoning Mrs. Napoles to Senate President Orilon's decision to sign the subpoena. appear before the Senate, an action that he said was tantamount to the Senate surrendering its On whether a majority vote of the membership independence to the Office of the Ombudsman. ofthe Blue Ribbon Committee is required to request a subpoena from the Senate President, Senate Responding thereto, Senate President Orilon President Drilon stated that by practice and tradition, clarified that it was a question of policy that he had the members support the decision of the chairman; decided on, as he emphasized that the decision however, the action ofthe chairman can be questioned was simply to defer "at this time" the calling on by the majority of the committee. Mrs. Napoles. He reiterated that it was not a decision not to call but a question of prudence and Agreeing with the Senate President, Senator caution on the part of the Senate that it sought the Osmena stated that as the practice goes, the entire advice of the Ombudsman. In fact, he pointed out Body usually leaves the decision-making to the Chair. that when the Ombudsman said that she would However, he recalled that there was an instance "defer to the collective judgment" of the Senate, when there was a threat not to issue a subpoena by the Senate took her statement to mean that her obtaining a majority of the vote of the members of investigation would not be hampered by any other the Blue Ribbon Committee, something that Senate investigation on the matter. President Orilon might not be aware of.

Senator Estrada thanked the Senate President Senate President Orilon affirmed that he was not for his explanation, but he maintained his belief aware of the matter. He reiterated that by practice that the Senate should never be bound by any and tradition, the decision of the Chair is usually recommendation coming from the Executive branch given full support by the members. He said that there or judiciary so that it could preserve its inde­ were certain instances, however, when the concur­ pendence. rence either of the entire committee or of the Senate r 520 WEDNESDAY, OCTOBER 16, 2013

itself was required to be formally secured in making Senators Aquino, Angara and Ejercito, would be a decision, for instance, in deciding whether or not playing and enjoined other senators to also participate. to declare a witness in contempt. He added that the decisions of the Supreme Court would require a • Members of the British Women's meeting to be conducted by the committee to discuss Association headed by Helen Sturdy; a petition to declare in contempt a certain resource and person. In such case, he said that it is not only the • Social Work Department students of decision of the chairman of the committee that would Columban College, Olongapo City. be sought but the decision of the majority of the entire Body. The Senate President welcomed the guests to the Senate. MANIFESTATION OF SENATE PRESIDENT DRILON PRIVILEGE SPEECH OF SENATOR VILLAR Senate President Drilon said that given the support of the Majority and Minority for his decision Availing herself of the privilege hour, Senator to issue the subpoena to Mrs. Napoles, the scheduled Villar delivered the following speech: all-senators caucus would nevertheless proceed to discuss what actions the Senate as an institution RECLAIMING THE PEOPLE'S RIGHT TO A BALANCED AND HEALTHFUL ECOLOGY could take to assist the victims of the earthquake in Bohol and Cebu, the victims of typhoon Santi, and During the period when I was preparing this the victims of the Zamboanga crisis which resulted privilege speech, I received a letter from an in thousands of people rendered homeless. octogenarian, 89-year-old Mr. Rodrigo delos Reyes, who has been a resident of Las Pillas SUSPENSION OF SESSION City for fifty-one (51) years or since 1962. His property stands along A Idana Avenue in Upon motion of Senator Cayetano (A), the session Manuyo Uno, in an area which is almost the was suspended. boundary line between Parallaque and Las Piftas. In his letter, Mr. Delos Reyes narrated that It was 3:35 p.m. during the earlier decades, living in the said area was sheer joy for him and especially for his wife, RESUMPTION OF SESSION a polio victim, who was confined to a wheelchair. They enjoyed the company of good neighbors At 3 :35 p.m., the session was resumed. in an almost idyllic surrounding. The frontage in their backyard provided them, in his own words, "with an unobstructed view of the Manila Bay ACKNOWLEDGMENT and the fabulous sunset over the far horizon." OF THE PRESENCE OF GUESTS He said the idyllic scenario changed with Upon resumption, Senator Cayetano (A) acknowl­ the development of Manila Bay, specifically the edged the presence in the gallery of the following: Cavite Coastal Highway that started in the early \980s, and succeeding reclamations and cons­ tructions that took place. According to him, the • Mr. and Mrs. Noy Falcasantos and poor planning and implementation of the project Mr. Jay Mendoza, who played in the has caused damage and so much inconveniences Philippine Basketball Association (PBA); for those living around their area in Las Piftasl Parafiaque. Foremost of which is massive Senator Cayetano (A) conveyed to the senators flooding as even the lagoon near their area was the invitation of Mr. and Mrs. Noy Falcasantos and reclaimed, rendering their area as a virtual catch Mr. Jay Mendoza to the Zamboanga Hermosa basket­ basin. Mr. Delos Reyes provided us with photos ball exhibition game that they were organizing for the to substantiate his complaints. benefit of Zamboanga victims. He said that the game Mr. Delos Reyes, over the decades, has is a fund-raising event to be held at the Ateneo de discussed his problems personally to those Manila gym on Saturday (October 19,2013) at five involved in various development/construction 0' clock in the afternoon. He said that he, along with works that were implemented around his i WEDNESDAY, OCTOBER 16,2013 521

property-including with the Public Estates NRP. They are building another Metro Manila Authority (PEA) and recently, on August 12, to in Manila Bay. As I cited earlier, I and other its new entity, the Philippine Reclamation residents of Las Piftas, Paranaque, and parts Authority (PRA). But until now, his letters and of Cavite are opposed to one of those 38 pleas were met with unresponsiveness and reclamation projects planned in Manila Bay - inaction. the proposed reclamation of 635.14 hectares of Manila Bay, around the 175 hectare Las Piftas­ The plight of Mr. Delos Reyes is actually Paranaque Critical Habitat and Ecotourism nothing new to me. I have heard hundreds of Area or LPPCHEA, which is a protected area by similar stories. I highlighted his situation virtue of Presidential Proclamation Nos. 1412 and because he really exerted effort in diligently 1412-A and included in the Ramsar list of documenting everything-from copies of his wetlands of international importance, along with correspondence with authorities, sketch of the Tubbataha and the Palawan Underground River. development projects and various photos­ which put everything in context and perspective. I believe that this esteemed Body, or we, as legislators, need to be informed and updated Also, we are struck by the fact that if this about the extent of reclamation, those that will be man who lives in better circumstances in his undertaken in the near future and those in the solidly built, well-off property was heavily pipeline. After all, these reclamation projects will inconvenienced - almost to the point of being affect our constituents. Those planned for Metro tormented - by the reclamation going on around Manila will have far-reaching impact on several him, we can only imagine what the less nearby provinces of Cavite, Bulacan, Pampanga, privileged residents go through, the families in and Bataan. poorer communities around the areas in question whose houses are not made of strong granite Of course, there are other big reclamation and heavy wood such as the home of Mr. Delos planned in Cebu's Mactan Channel, covering Reyes. These folks, unlike Mr. Delos Reyes, 6,000 hectares in Cordova, Talisay, Lapu-Iapu, who has the financial means to repair damages to Naga, Minglanilla, Mandaue, and Consolacion; his property, have no such recourse. 1,280 hectares in Antique; and 1,200 hectares in Leganes, Iloilo. The others will be in Panglao, Ang karamihan sa mga residente na Bohol (650 hectares), Negros Occidental (253 nakapanayam ko ay walang ibang magawa hectares), Aklan (240 hectares), Albay (240 kundi lumikas kung kinakailangan na at hectares), Davao Gulf (238 hectares), Leyte (233 maglimas ng tubig-baha sa kanilang mga hectares), and Cagayan (220 hectares). tahanan pagkatapos ng bawat pagbaha. Of all people, we do not want to be remiss Maaari ko nang idagdag si Mr. Delos in this government plan - the NRP - that will Reyes sa 315,849 na mga residente ng Las affect not only majority of Filipinos but will also Pinas na naninindigan laban sa reclamation. create an impact on the very communities that SUa ang mga taong sumuporta sa aking we live in. petisyon laban sa planong patuloy na Were the people consulted about it? How reclamation sa Manila Bay na makakaapekto sa were the projects under NRP approved? Was 65 na barangay sa tatlong syudad - 37 sa there due diligence done? Were environmental Bacoor, II sa Parafiaque, at !7 sa Las Pinas. risks taken into consideration? And to quote the As most of you are aware of, we have just question posed by a geologist: Is "science again recently elevated our petition to the Supreme being blithely ignored by the financial interests Court. On October 10, we filed a petition for and government authorities promoting the review on certiorari to again challenge the various reclamation projects"? These are ques­ ruling of the Court of Appeals which favored a tions that need to be answered. planned reclamation project in Manila Bay. The right to a balanced and healthful This leads us to the question: how far along ecology is an enforceable legal right under the are we in our bid to reclaim portions of our seas Philippine Constitution which contains various and coasts? environment-related provisions. To think also We know that the government's National that Philippine environmental legislation has also Reclamation Plan (NRP) will involve 102 projects been considered as among the most progressive or 38,000 hectares all over the country. And 38 in South East Asia. But the various degradation, of these reclamation projects encompassing depletion and destruction of ecosystems in 26,234 hectares will be implemented in Manila the country provide a stark contrast to those Bay area alone - that is 70 percent of the entire constitutional provisions and legislations. r 522 WEDNESDAY, OCTOBER 16,2013

Let us take as an example the coastal areas It cannot be overemphasized that any where multiple ecosystems - such as mangroves, reclamation constitutes a triple strike within a sea grass, coral reefs, and intertidal zones - triple strike against our remaining natural areas: co-exist. These narrow strips of land and sea - I) it destroys the source of the fill material by critical elements of the food-producing capacity scraping and quarrying; 2) the part of the sea to of our islands - are continuously threatened by be filled consisting of at least three types of a paradigm that is totally inappropriate for our ecosystems will no longer be viable nor life­ archipelago: reclamation, supporting; and, 3) the surrounding areas will be forever changed due to hydrologic and "The 1987 Constitution, for instance, man­ migratory route changes. dates that the State should protect the nation's vast and diverse marine wealth, In contrast to Academician Fernando Siringan of UP this pronouncement, resource depletion and Diliman's Marine Science Institute and his destruction of the country's coastal and marine colleagues have documented that Metro ecosystems within the Philippine exclusive Manila's coastal areas are sinking as fast as 3\1, economic zone has left fish stocks depleted by inches every year. And Dr. Mahar Lagmay's as much as 90%, sea grass beds destroyed by as Volcano-Tectonics Laboratory at UP Diliman's much as 50%, and coral reefs degraded by as National Institute of Geological Sciences has much as 96%, all in the past 50 years." This is used sophisticated, precise satellite data to based from a paper drafted by the Center for verilY subsidence over wide areas of Metro Environmental Concerns-Philippines. Manila, with the proposed reclamation areas experiencing up to two inches per year. Coastal areas in urban ecosystems are even more vulnerable to deterioration of natural In short, lumuluhog na po ang Metro habitats. We have also lost 75.6% of mangroves Manila at iba pang bahagi ng ating bansa no in the past 82 years. We all know that a thriving talagang nakakaalarma. Leveling data from the mangrove cover is one of the best indications of National Mapping and Resource Information a healthy environment or if nature can still Authority (NAMRIA) reveal areas in Metro support life in an area. Manila that sank .068 meter to 1.34 meters in 30 years (from 1979 to 2009). Ang mga mangroves ay ang pinaka­ mabisang pananggalang natin sa mga bagyo at In fact, Dr. Kevin Rodolfo cited that "The ang mga tinatawag na mga storm surges. Mas land is subsiding about 30 times faster, mainly matibay pa sa kahit anong pinakamatibay na from over-pumping of groundwater. Reclamation semento 0 sea wall. Nabalitaan at nakita rin may well speed up the sinking of the land, from ninyo marahil kung paano gumuho ang mga sea withdrawal of groundwater, or from the added walls sa kahabaan ng Roxas Boulevard noong weight of new buildings, or both." tayo ay sinolonto ng bagyong Pedring noong At hindi naman pwede tambakan nang 2011. Ang iha pang istruktura, pati na ang nasa tambakan lang natin lagi ang mga ito. In fact, U.S. Embassy, cry nasira dahil sa storm surges. ang walang kapararakan na pagtatambak ay Samantaia, sa amin sa Las PiFias, ang mga man­ isa rin sa mga problema, katulad nga ng groves na aming itinanim ay nagsisilbing sapa! inireklamo ni Mr. Delos Reyes. He cited in his na proteksyon laban so mga storm surges. leiter that PEA ground-filling raised their Ang mga mangroves na ito rin ay mahalago developed land level by some 12-13 feet above sa ating mga mangingisda dahil dito nangi­ the ground level of adjacent lands. Kaya naging ngitlog ang mga isda at kung saan namamahcry catch basin ang kanilang area, sinasalo nita ang maliliit no isda. As cited by the Center for ang lahat ng tubig-baha mula sa mas matataas Oceans Solutions, "the destruction of large areas na kalye a lugar. of mangrove forest can result in lower incomes We should also remember that all bayfill from fishing, reduced local food production and materials, natural or man~made, are masses made extreme poverty; destructive fishing techniques up of pieces of rock ranging in size from tiny produce the same impacts." particles of clay to large boulders. Spaces Eminent mangrove expert Dr. Primavera says between the solid pieces are occupied by water. that mangroves will survive only if the tidal flow Under normal conditions, the solid particles are does not change, they remain at or above mean in contact, so that the lower ones bear the sea level, and they are the right mangrove species weight of other grains above them as well as any for that site. Reclamation will change all that, buildings on top of them. Nagkakaroon ng which will lead to the death and the destruction surface movement at pati na pagguho no of our mangroves. delikado kapag lumindol. Nagiging shaky ang r WEDNESDAY, OCTOBER 16,2013 523

foundation al ang mga buildings 0 bahay ay environmental impact assessment (EIA) system maaaring lumubog 0 lumumba. 110 try very timely is merely a planning tool meant to ensure that because nagkaroon layo ng lindol sa Visayas. the proponent does what it could. As such, pro­ ponents are not even required to say what they That is also what happened when the six­ will do, only that they will take the "appropriate storey Ruby Tower on Dorotea Jose and Teodora measures" to mitigate adverse impacts, never Alonzo streets in Sta. Cruz, Manila collapsed mind that the proponents cannot even show during an intensity 7 earthquake on August 2, financial capacity to undertake the project, much 1968 or 45 years ago. That was one of the less what they promise in terms of mitigation. biggest disasters in our lifetime-more than 600 tenants of the building died during the collapse. As such, proponents get away with generalizations regarding the ecological and The Japan International Cooperation Agency engineering safety and rely on experts whose (JICA) has, in fact, released a study, the "2004 fields are reclamation. Hence, they are trained to earthquake impact study for Metro Manila," defend reclamation and not to assess the where it cited that Metro Manila is overdue to impacts. And where will these experts be when experience a catastrophic magnitude 7.2 earth­ the adverse impacts start to occur and affect us? quake and the coastal areas would suffer the most due to liquefaction. lyon pong liquefaction Let me emphasize here the importance of is when the reclaimed land reverts to a liquid public consultation in a matter that in all intents state. Kaya iyong aling mga reclaimed areas and purposes is of public interest. The common pino-foresee nita na babalik na maging lubig. people or the community residents are the ones It also emphasized that we are not ready for such who will bear the brunt of the regulators' an eventuality. The JlCA study created 18 earth­ mistakes. And when that time comes, the projects quake scenarios. Three of the scenarios - the are well over completed. The people should be West Valley Fault, the Manila Trench and the consulted when these are still in the drawing 1863 Manila Bay - could severely impact Metro boards, in fact, even before these are even con­ Manila, based on the study. ceptualized. They have a say because their very lives depend on the outcome of such projects. The JlCA study gives a somber and sober­ ing worst-case scenario: 170,000 residential I remember, I attended a hearing of the houses will collapse; 340,000 residential houses House Committee on Natural Resources in will be damaged; 34,000 people will die; 114,000 November last year regarding the proposed will be injured; fires will break out and bum Alltech Coastal Bay reclamation project that we approximately 1,710 hectares and could kill opposed. We found out that there was really no 18,000 or more people. public dialogue regarding the projects. Some of the invited resource persons confirmed that they Going back to my point, this leads us to were not consulted at all. There was one inci­ ask: Baki! nga ba kaitangan mag-reclaim in the dent, according to Mr. Alfonso Quinto, chairman first place? Why not develop the blighted areas of Unified Marketing and Services Cooperatives of the metropolis instead? The amount to be of Parailaque Fishermen Wharf, when they used to reclaim, instead of destroying ecosystems were called to attend a meeting but nothing and driving reclaimed lands to sell for sky-high was discussed. Ang sabi nita, pinaupo lang prices, could be used for inclusive development daw sila al pinakain, pagkalapos lapos na rin. and urban renewal of Metro Manila. There are so many communities that need urgent attention and Who then gives the final go-signal for investment as far as development is concerned. reclamation? The Philippine Reclamation Authority which, as it is, has a questionable Besides its socio-cultural and economic legal basis? Reclamation should therefore be consequences, the environmental impact of governed and regulated by an inter-agency reclamation projects begs for our attention. In authority. The reason citizens rely on the regulating reclamation projects, issues of sub­ Environment Management Bureau and its sidence and liquefaction, habitat loss in mUltiple environmental impact assessment system is that ecosystems, among others, should be factored it is the only regulation that covers these types in as well. Can our current regulatory regimes of development apart from the Philippine protect us from these threats? Reclamation Authority. The Environmental Management Bureau Let us revisit how PRA came to be. (EMB) of the Department of Environment and Natural Resources accepts vague promises The Public Estates Authority or PEA was from proponents, because they say that the established on February 4, 1977, by virtue of 524 WEDNESDAY, OCTOBER 16, 2013

Presidential Decree No. 1084 enacted into law by ment and are instead expected to earn from President Marcos. PEA was created to provide a reclamations. coordinated, economical and efficient adminis­ It is true and unfortunate that we treat tration of lands, especially reclaimed lands, reclamation as normal. As if destroying coasts belonging to, managed andlor operated by the and digging up sea beds are all par for the government, with the object of maximizing their course, we have a reclamation authority that utilization and hastening their development thinks only of which coastline to dump into consistent with the public interest. next. There is no other agency with that mandate Executive Order No. 525 issued on February in the world, and the only other agencies with 14,1979, provides that "All reclamation projects that word in their names refer to the real kind of shall be approved by the President upon the reclamation - the rehabilitation of degraded recommendation of the Public Estates Authority." lands and renewal of blighted communities. On October 26, 2004, President Arroyo It might surprise us to know that Hong issued Executive Order No. 380, which trans­ Kong, that poster island for reclamation, as small formed PEA into the Philippine Reclamation as it is, enacted a legal presumption against Authority. The PRA shall perform all the powers reclamation. Such presumption can only be and functions of the PEA relating to reclamation overturned if an overriding public need for the activities. On June 24, 2006, President Arroyo reclamation is shown. issued Executive Order No. 543, whereby she In 2004, the Court of Final Appeals in Hong delegated to PRA the power of the President to Kong compressed that three-tiered test into approve reclamation projects. one-the overriding public need test. It further On February 25, 2011, the PRA Board of elaborated on what this test requires: a need Directors approved the National Reclamation should only be regarded as overriding if it is a Plan under PRA Board Resolution No. 4161 compelling and present need. The compelling covering a total of 102 reclamation projects over need is far beyond "something nice to have, a total area of38,272 hectares within Manila Bay, desirable, preferable or beneficial." Vis.yas, Mindanao and other locations. In addition, where there is a reasonable PRA's National Reclamation Plan and the alternative to reclamation. there is no overriding multiple issues attached to reclamation have need for reclamation. All circumstances should gained so much alarm from different sectors. In be considered as to whether there is any reason­ a People's Summit on Reclamation held in able alternative and they would include the October 2012 attended by experts from relevant economic, environmental and social implications fields, the resultant call for a moratorium on of each alternative. We should, at the very least, reclamation projects under the National have as stringent a standard. Considering that Reclamation Plan was justified on the following many areas in our cities are attended by urban grounds, among others: blight, we should have an even stricter standard that compels the development first of these areas The National Reclamation Plan threatens to before any plans for reclamation. affect an equivalent of one-tenth of our coastal and marine habitats. These reclama­ Cost-benefit analyses and project alterna­ tion projects could potentially translate to a tives, therefore, become an absolute necessity loss of a value of nearly P30 billion per year for any metropolis to consider if reclamation, with in seagrass goods and ecosystems alone. all its concurrent threats and dangers, should be the direction its development should go towards. Land reclamation is noted by the United Without these cost-benefit analyses, there are Nations Food and Agriculture Organization very real dangers that would beset the project. as an irreversible fonn of environmental Consider the country's largest proposed degradation, thus running counter to the reclamation project-the reclamation of 3,000 State's guarantee to provide its citizens with hectares of coastal areas in the Municipality of a "healthful and balanced ecology in accord Cordova in Cebu which, if it will push through, with the rhythm and harmony of nature" and will be one of the largest land reclamation "protect the rights of subsistence fishermen, projects in Southeast Asia. There was a study especiaJfy of focal communities." undertaken by Lourdes Montenegro from the The PEA, created by statute by President University of San Carlos, Cebu City. The said Marcos, was changed into the PRA by a mere research study was commissioned and published executive order by President Arroyo. They do by the Singapore-based Economy and Environ­ not have budgetary appropriations from govern- ment Program for Southeast Asia (EEPSEA). r WEDNESDAY, OCTOBER 16, 2013 525

The study found that the "environmental against the same planned reclamation project, off and social costs of the project would exceed P3.3 Manila Bay, that will affect the Las Piftas­ billion." It further cited that if the construction Paraftaque Critical Habitat and Eco-tourism Area, costs and the economic benefits of the project the former PEA-Amari deal. As I mentioned would be taken into consideration, "the earlier, we have elevated the petition to the reclamation scheme would result in an economic Supreme Court just last week. Among the points cost to society of over PI8A billion." that we are challenging is the fact that CA considered the Alltech Coastal Bay Project as a The Cordova Reclamation Project was put continuation of the PEA-Amari Manila Coastal on hold as some government approvals have Bay project even when the latter never material­ been withdrawn. Environmental issues plague ized. We question the validity of the issuance of the project, such as its impact on migratory the Environmental Compliance Certificate (ECC). birds, damage from landfill quarrying, damage to corals - 640 hectares of coral reef in the area To go back to the PEA-Amari deal, Attorney would be affected by the reclamation - among Chavez then filed a petition for mandamus where others. And there is also the economic impact he prayed that PEA publicly disclose the terms due to the loss of livelihood of fisherfolk in the of any renegotiation of the joint venture agree­ area. The current aggregate net fishing income in ment; assailed the sale to Amari of lands of the the area is worth P29.9 million per year, and the public domain as a blatant violation of Section 3, reclamation will remove half of the income. Article XII of the 1987 Constitution, prohibiting the sale of alienable lands of the public domain The conclusion of the study or the repon on to private corporations. He also asserted that he Cordova is that the reclamation project is not the seeks to enjoin the loss of billions of pesos in way forward. It cited: "Overall, it is clear that properties of the State that are of public domain. the Cordova Reclamation Project, as it stands, is not an optional development strategy." One of In their haste to get around the decision in the options seen is sustainable eco~tourism in Chavez vs PEA-Amari, which disallowed the the municipality. transfer of ownership of reclaimed lands to private corporate interest, a consultant was hired The questionable government approval of with funds from the USAlD. A document was reclamation projects has been a thorny issue. submitted to NEDA which points to an old law, I am sure that most of us here are familiar with RA 1899, to justifY reclamation by local governments. what was dubbed as "the grandmother of all scams" - the PEA-Amari deal. RA 1899 says: "Section 4. All lands reclaimed as herein provided, except such as may On April 24, 1995, PEA entered into a joint be necessary for wharves, piers and embank­ venture agreement (JV A) with Amari, a private ments, roads, parks, and other public improve­ corporation, to develop the three reclaimed islands ments, may be sold or leased under such rules known as the "Freedom Islands" along the Las and regulations as the municipality or chartered Pinas-Paranaque portions of Manila Bay, and city may prescribe." If you notice here, the includes the reclamation of additional sub­ uses of the "reclaimed land" are for public uses stantial hectares of submerged areas surrounding only and therefore cannot be sold privately. these islands. By the way, the proposed reclama­ However, the management of such lands can be tion area of PEA-Amari is the same reclamation done with the private sector through lease or areas in Las Pillas-Paranaque that we are joint venture as provided for under the LGC, opposing at present. being the LGUs as corporate entity. An investigation, in aid of legislation, by the They then rushed to have local govern­ Senate Blue Ribbon Committee and the Senate ments stand in as proponents and as a result, Committee on Government Corporations and many aspects were overlooked. The first is that Public Enterprises ensued. The said committees even after reclamation by private entities using concluded that the JV A is illegal because the the local governments as proponents, the land reclaimed lands that PEA seeks to transfer to will still not be available for private development. Amari under the joint venture agreement are Chavez vs PEA-Amari will still prevail as to lands of the public domain which the govern­ ownership of reclaimed lands as lands of the ment cannot alienate. public domain. Any land reclamation, regardless The PEA-Amari deal became the life-long of who initiates it, i.e. PRA, private sector, LGU, crusade of the late Atty. Frank Chavez who is considered "unclassified public land" and passed away just last month. He was my legal therefore part of the public domain which is now counsel in the petition for writ of kalikasan under the Department of Environment and r 526 WEDNESDAY, OCTOBER 16, 2013

Natural Resources. This was conveyed to us by consequences for everyone, is against equitable former Department of Environment and Natural and inclusive growth. In the meantime, large parts Resources Undersecretary Elmer Mercado. of the metropolis are underdeveloped, badly developed or idle. Without the prospect of new In fact, the Supreme Court also claimed in the land, we will be forced to make the latter better. Chavez case that the prohibition against private ownership of alienable lands of the public domain Alternatively, PRA can set their sights on "was intended to diffuse equitably the owner­ inner cities and neglected areas for their develop­ ship of alienable lands of the public domain ment and economic goals, and this honorable among Filipinos which were then numbering 80 Congress would rename it as the Philippine million strong," and now at 96.7 million. Redevelopment Authority. More importantly, along with that name change, revise its mandate. Private corporate reclamation, whether done through PRA or local governments, would have We urge that Congress rethink the purposes to show that this objective is reached. Experience and revisit the powers ofthe Philippine Reclama­ has shown that the road to reclamation is littered tion Authority. with broken promises, non-inclusive development If we cannot save the very ecosystems and the perpetuation of a consumerist and take­ which provide our people their daily provisions all-you-can development model that is not well­ and protect them from catastrophic natural suited to a world with a changing climate and disasters, we are basically denying our fellow with an ever-increasing population. The way to Filipinos of their basic constitutional rights. It is a developed economy is to make public lands time that we stopped reclaiming lands. It is time productive and benefit a much broader base for us to give back to our people their right to among the citizenry. a balanced and healthful ecology. Actually, I have a related experience regard­ To this end, this Representation has filed ing this point. Las Piftas Congressman Mark Proposed Senate Resolution No. 294 to review Villar wrote to PRA General Manager Peter the mandate of the PRA as a GOCC while Abaya in September 2011 and requested if he directing the Senate Committee on Government could use the IOO-square-meter PRA property Corporations and Public Enterprises to conduct beside the Philippine Councilor's League, an inquiry in aid of legislation for this as was Vice Mayor's League buildings and MMDA done in the past when this Chamber looked into Transfer Station as the venue of his barangay­ the PEA-Amari deal. based livelihood center for women and out­ of-school youth. MANIFESTATION PRA's Mr. Abaya replied and said the PRA OF SENATOR CAYETANO (A) cannot grant the free use of the lot, but offered that they could lease the property for at least Senator Cayetano (A) infonned the Body that four percent ofthe current appraised value of the Senators Cayetano (P), Legarda and Pimentel have property, to which the Las Piftas city govern­ expressed their intention to interpellate Senator Villar ment replied that it is willing to lease the said but at a later time considering that the Members property. were going into caucus. Muting sumagot ang PRA na hindi na raw pwede rentahan ang space dahil may iba raw However, Senator Villar said that she was silang plano para doon, specifically to build a prepared to respond to queries during the session as perimeter fence for an ongoing condominium she would be abroad visiting the Institute of Poverty project. But we found out later that PRA leased of the New York University the following week. the space to our barangay na ang itinayo ay isang peryahan. It still baffles us why PRA As such, Senator Cayetano (A) proposed that opted to give leasing priority to a peryahan interpellations on the privilege speech of Senator rather than to a livelihood project that we felt Villar commence during the resumption of plenary would be more beneficial to more people. Hanggang sessions in November. ngayon, walang kaayusan ang property ng PRA no kung sana ihinigay sa amin oy napoganda REFERRAL OF SPEECH na namin iyong property na iyon. TO COMMITTEE The fact that we have created an agency devoted solely to reclamation, when it brings Thereupon, upon motion of Senator Cayetano (A), about such heavy adverse environmental there being no objection, the Chair referred the r WEDNESDAY, OCTOBER 16, 2013 527

privilege speech of Senator Villar to the Committee ADJOURNMENT OF SESSION on Government Corporations and Public Enterprises as the primary committee, and to the Committee on Upon motion of Senator Cayetano CAl, there Environment and Natural Resources as the secondary being no objection, the Chair declared the session committee, in consideration of Proposed Senate adjourned until three 0' clock in the afternoon of Resolution No. 294 filed by Senator Villar. Monday, October 21,2013.

SUSPENSION OF SESSION It was 6:04 p.m.

Upon motion of Senator Cayetano CAl, the session I hereby certify to the correctness of the was suspended. foregoing.

It was 4:22 p.m.

RESUMPTION OF SESSION OSCAR"IT.-~BES Secretary of le Senat'ft At 6: 03 p. m., the session was resumed with ~ r tyr Senate President Drilon presiding. Approved on October 21, 2013