REPUBLIC OF THE Senate Pasay City

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SESSION NO. 15 Monday, August 30,2004

THIRTEENTH CONGRESS FIRST REGULAR SESSION MONDAY, AUGUST 30, 2004 325

SESSION NO. 15 Monday, August 30,2004

CALL TO ORDER We pray, enable us to chart our path to identify every crossroad and silkroad, to At 3:25 p.m., the Senate President, Hon. Franklin he able to nurture a life that has learned M. Drilon, called the session to order. from life-changing experiences. We pray, empower us to keep with the PRAYER truth that our character is an omen of our destiny and the more integrity we have to Sen. Juan M. Flavier read the following prayer keep, the simpler and noble that destiny is prepared by Sen. Ramon B. Magsaysay Jr.: likely to be. Guide us with Your infallible wisdom as “Lessons of the Past” we correct our errors along the way and ECUMENICAL PRAYER believe in the newness of the day.

Progress, far from consisting in This we ask in Jesus’ Name. Amen. change, depends on retentiveness. When change is absolute, there remains NATIONAL ANTHEM no being to improve and no direction is set for possible improvement. When The Senate Choir led the singing of the experience is not retained, as among national anthem. savages, infancy is perpetual. Those who cannot remember the past are ROLL CALL condemned to repeat it. In the first stage of life the mind is frivolous and easily Upon direction of the Chair, the Secretary of distracted, it misses progress by failing the Senate, Oscar G. Yabes, called the roll, to in consecutiveness and persistence. - which the following senators responded George Santayana Angara, E. J. Lacson, P. M. Arroyo, J. P. Lapid, M. L. M. Heavenly Father, we ask Your infinite Cayetano, C. P. S. Lim, A. S. grace and compassion in our desire to Defensor Santiago, M. Madrigal, M. A. understand and examine our lives as a Drilon, F. M. Osmeila 111, S. R. country, as a people, and as believers. Ejercito Estrada, J. Pangilinan, F. N. Ejercito Estrada, L. L. P. Pimentel Jr., A. Q. For our progress, within and without, has Enrile, J. P. Roxas, M. been in a compromisingly slow pace. Much Flavier, J. M. Villar Jr., M. B. of what we have encountered in the past, Gordon, R. J. Father, have been simply forgotten. With 19 senators present, the Chair declared Our retentiveness has been short and the presence of a quorum. wanting. To our dismay, we have repeated our history’s shortcomings. Senators Magsaysay and Recto arrived after the roll call Help us, Almighty God, to exercise discernment and vigilance in our daily lives, Senators Biazon and Revilla were on official collectively and individually. mission. N 326 MONDAY, AUGUST 30, 2004

AC~OWLEDGMENT OF Senate Bill No. 853, entitled THE PRESENCE OF GUESTS AN ACT INCREASING THE BENEFITS At this juncture, Senator Pangilinan OF BARANGAY OFFICIALS, acknowledged the presence of the members of the AMENDING FOR THE PURPOSE Armed Forces of the Philippines Reserved Force. SECTION 393 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN APPROVAL OF THE JOURNAL AS THE LOCAL GOVERNMENT CODE OF 1991, CREATING A Upon motion of Senator Pangilinan, there NATIONAL BARANGAY BENEFITS being no objection, the Body dispensed with the AUGMENTATION FUND, AND reading of the Journal of Session No. 14 and FOR OTHER PURPOSES considered it approved. Introduced by Senator Jinggoy Ejercito REFERENCE OF BUSINESS Estrada

The Secretary of the Senate read the following To the Committees on Local matters and the Chair made the corresponding Government; Social Justice, Welfare and referrals: Rural Development; and Finance Senate Bill No. 854, entitled BILLS ON FIRST READING AN ACT ESTABLISHING A YOUTH Senate Bill No. 851. entitled CENTER IN THE FIFTEEN (15) REGIONS OF THE PHILIPPINES AN ACT PROVIDING FOR THE AND APPROPRIATING FUNDS SALARIES OF BARANGAY THEREFOR OFFICIALS AMENDING SEC. 393 OF REPUBLIC ACT NO. 7160, Introduced by Senator Jinggoy Ejercito OTHERWISE KNOWN AS THE Estrada LOCAL GOVERNMENT CODE OF 1991 To the Committees on Youth, Women and Family Relations; Social Justice, Welfare Introduced by Senator1 Jinggoy Ejercito and Rural Development; Ways and Means; Estrada and Finance

To the Committee on Local Government Senate Bill No. 855, entitled

Senate Bill No. 852, entitled AN ACT AMENDING SECTION 325 (A) OF REPUBLIC ACT NO. 7160, AN ACT CREATING A COMMISSION OTHERWISE KNOWN AS THE ON MISSING PERSONS LOCAL GOVERNMENT CODE OF 1991, AND FOR OTHER Introduced by Senator Jinggoy Ejercito PURPOSES Estrada Introduced by Senator Jinggoy Ejercito To the. Committees on Justice and Estrada Human Rights; Public Order and Illegal To the Committee on Local Government Drugs; and Finance w I I MONDAY, AUGUST 30, 2004 327

Senate Bill No. 856, entitled Senate Bill No. 859, entitled

AN ACT PROVIDING FOR A AN ACT ESTABLISHING THE NATIONAL BAMBOO AND NATIONAL EMPLOYMENT RATTAN DEVELOPMENT ASSISTANCE CENTER OF PROGRAM HARMONIZING THE PHILIPPINES AND ECOLOGICAL BALANCE, WITH APPROPRIATING FUNDS INDUSTRIAL DEVELOPMENT THEREFOR AND APPROPRIATING FUNDS THEREFOR Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committees on Labor, Employment and Human Resources Development; and To the Committees on Environment Finance and Natural Resources; Local Government; and Finance Senate Bill No. 860, entitled

Senate Bill No. 857, entitled AN ACT INSTITUTING REGULATORY POLICIES FOR THE HOUSEHOLD AN ACT CREATING THE BAKERY EMPLOYMENT INDUSTRY, INDUSTRY DEVELOPMENT ESTABLISHING STANDARDS OF BOARD AS ATTACHED AGENCY PROTECTION AND PROMOTING OF THE DEPARTMENT OF OF THEIR WELFARE AND OF TRADE AND INDUSTRY, THEIR FAMILIES, AMENDING AMENDING FOR THAT PURPOSE FOR THIS PURPOSE PERTINENT TITLE X, BOOK IV OF PROVISIONS OF PRESIDENTIAL EXECUTIVE ORDER 292, THE DECREE NUMBER 442, OTHER- ADMINISTRATIVE CODE OF WISE KNOWN AS THE LABOR 1987, AND FOR OTHER PURPOSES CODE OF THE PHILIPPINES AND FOR OTHER PURPOSES Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committees on Trade and Commerce; Health and Demography; and To the Committee on Labor, Employment Finance and Human Resources Development

Senate Bill No. 858, entitled Senate Bill No. 861, entitled

AN ACT LIBERALIZING THE AN ACT REPEALING SECTION 90 LICENSING OF TRAVEL AND OF REPUBLIC ACT NO. 7160, TOUR AGENCIES OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE Introduced by Senator Jinggoy Ejercito OF 1991, PROHIBITING AND Estrada LIMITING THE PRACTICE OF PROFESSION BY ELECTED To the Committee on Tourism LOCAL GOVERNMENT OFFICIALS 4- P 328 MONDAY, AUGUST 30, 2004

Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada

To the Committee on Local Government To the Committees on Local Government: and Education, Arts and Culture Senate Bill No. 862, entitled Senate Bill No. 865, entitled AN ACT PROVIDING FOR GREATER FISCAL AUTONOMY IN FAVOR AN ACT PROVIDING FOR A OF LOCAL GOVERNMENT UNITS NATIONAL SECURITY POLICY (LGUs) IN THE CHOICE OF AND PLANNING FRAMEWORK DEPOSITORY BANKS, AMENDING AND CREATING AN SECTION 311 OF REPUBLIC ACT INSTITUTIONAL MECHANISM NO. 7160, OTHERWISE KNOWN FOR IMPLEMENTATION AND FOR AS THE LOCAL GOVERNMENT OTHER PURPOSES CODE OF 1991 Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada To the Committees on National Defense and To the Committee on Local Government Security; and Public Order and Illegal Drugs

Senate Bill No. 863, entitled Senate Bill No. 866, entitled

AN ACT AMENDING SECTION 285 AN ACT ESTABLISHING AT LEAST OF REPUBLIC ACT NO. 7160, ONE (1) SPECIAL EDUCATION OTHERWISE KNOWN AS THE (SPED) CENTER FOR EACH LOCAL GOVERNMENT CODE OF SCHOOL DIVISION AND AT 1991, PROVIDING FOR THE LEAST THREE (3) SPED CENTERS REALLOCATION OF THE IN EVERY SCHOOL DIVISIONS INTERNAL REVEm ALLOTMENT FOR CHILDREN WITH SPECIAL OF LOCAL GOVERNMENT UNITS NEED (CSN’s), CREATING THE IMPLEMENTING MACHINERY Introduced by Senator Jinggoy Ejercito THEREOF, PROVIDING Estrada GUIDELINES FOR GOVERNMENT FINANCIAL ASSISTANCE AND To the Committees on Local Government; OTHER INCENTIVES AND and Finance SUPPORT AND FOR OTHER PURPOSES Senate Bill No. 864, entitled Introduced by Senator Jinggoy Ejercito Estrada AN ACT EXPANDING THE PURPOSES AND APPLICATION OF THE To the Committees on Education, Arts SPECIAL EDUCATION FUND (SEF) and Culture; Youth, Women and Family AMENDING FOR THE PURPOSE Relations; Ways and Means; and Finance SECTION 272 OF REPUBLIC ACT NO. 7160, OTHERWISE KNOWN Senate Bill No. 867, entitled AS THE LOCAL GOVERNMENT CODE OF 1991 AND FOR OTHER AN ACT BROADENING THE PURPOSES SCOPE OF COMPLIANCE AND MONDAY, AUGUST 30, 2004 329

EXPANDING THE CONDUIT Senate Bill No. 870, entitled NETWORK FOR AGRI-AGRA CREDIT, AMENDING FOR THIS AN ACT TO PROFESSIONALIZE PURPOSE PRESIDENTIAL THE PRACTICE OF PRISON DECREE 717 OTHERWISE MANAGEMENT AND SET FOR KNOWN AS THE AGRI-AGRA THAT PURPOSE THE LAW QUALIFICATIONS FOR SUPERINTENDENTS OF THE Introduced by Senator Jinggoy Ejercito NATIONAL PRISON SYSTEM Estrada AND WARDENS OF PROVINCIAL, CITY OR MUNICIPAL JAILS To the Committees on Banks, Financial Institutions and Currencies; and Agriculture Introduced by Senator Jinggoy Ejercito and Food Estrada Senate Bill No. 868, entitled To the Committees on Justice and Human AN ACT RATIONALIZING Rights; and Civil Service and Government THE INTERNAL REVENUE Reorganization ALLOTMENTS OF LOCAL GOVERNMENT UNITS AMENDING Senate Bill No. 871, entitled FOR THIS PURPOSE REPUBLIC 1 ACT NUMBERED 7160, OTHER- AN ACT TO DEFINE AND PENALIZE I WISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 ACTS OF TERRORISM AND FOR OTHER PURPOSES Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committees on Local Government; and Finance To the Committees on Public Order and Illegal Drugs; Justice and Human Rights; and Senate Bill No. 869, entitled Finance

AN ACT REGULATING THE POWER Senate Bill No. 872, entitled OF THE PHILIPPINE AMUSEMENT AND GAMING CORPORATION (PAGCOR) TO ESTABLISH, AN ACT MAKING MUNICIPAL OPERATE AND MAINTAIN SEA WATER WITHIN THE CASINOS IN THE COUNTRY, FIFTEEN-KILOMETER RADIUS AMENDING FOR THE PURPOSE JURISDICTION PART OF THE PRESIDENTIAL DECREE NO. 1869, INTERNAL REVENUE ALLOT- AND FOR OTHER PURPOSES MENT COMPUTATION FOR MUNICIPALITIES Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committees on Government Corporations and Public Enterprises; and To the Committees on Local Government; and Games, Amusement and Sports Environment and Natural Resources K 330 MONDAY, AUGUST 30, 2004

Senate Bill No. 873, entitled RAILWAYS (PNR), EXTENDING FURTHER THESE LINES AS AN ACT GRANTING HAZARD PAY PROVIDED UNDER R.A. NO. 6366 TO ALL DULY-APPOINTED TO PROVIDE A VIABLE PUBLIC MEMBERS OF BARANGAY RAILWAY TRANSPORT AND TANOD BRIGADES DURING APPROPRIATING FUNDS THEIR INCUMBENCY, NECESSARY THEREFOR APPROPRIATING FUNDS THEREFOR Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committees on Government Corporations and Public Enterprises; Public To the Committees on Local Services; and Finance Government; Social Justice, Welfare and Senate Bill No. 877, entitled Rural Development; and Finance AN ACT PROHIBITING THE Senate Bill No. 874. entitled DEMONSTRATION, PERFORMANCE OR EXHIBITION IN PUBLIC AN ACT TO ENSURE EQUAL OF CERTAIN SEXUAL ACTS, EMPLOYMENT OPPORTUNITIES AND THE PRODUCTION, TO MUSLIMS AND TRIBAL IMPORTATION, SALE OR DISTRIBUTION, OR PUBLIC SHOWING OR DISPLAY OF Introduced by Senator Jinggoy Ejercito PORNOGRAPHIC MATERIALS, Estrada PROVIDING PENALTIES THEREFOR, AND FOR OTHER To the Committees on Labor, Employment PURPOSES and Human Resources Development; and Social Justice, Welfare and Rural Development Introduced by Jinggoy Ejercito Estrada

Senate Bill No. 875, entitled TO the Committees on Public Information and Mass Media; and Constitutional AN ACT ESTABLISHING THE Amendments, Revision of Codes and Laws NATIONAL DEFENSE UNIVERSITY OF THE PHILIPPINES AND FOR Senate Bill No. 878, entitled OTHER PURPOSES AN ACT PROVIDING FOR THE Introduced by Senator Jinggoy Ejercito DEVOLUTION OF THE Estsada CONTROL, MANAGEMENT AND OPERATION OF MUNICIPAL OR To the Committees on National Defense TERTIARY PORTS FROM and Security; Education, Arts and Culture; and THE PHILI P P I N E PORTS Finance AUTHORITY TO LOCAL GOVERNMENT UNITS, AND FOR Senate Bill No. 876, entitled OTHERPURF'OSES

AN ACT RESTORING, Introduced by Senator Jinggoy Ejercito REHABILITATING AND Estrada MODERNIZING THE OLD AND EXISTING LINES OF TO the Committees on Public Services; THE PHILIPPINE NATIONAL and Local Government MONDAY, AUGUST 30, 2004 33 1

Senate Bill No. 879, entitled Senate Bill No. 882, entitled

AN ACT EXEMPTING THE AN ACT PROVIDING FREE AND ALLOWABLE PERSONAL SUITABLE PUBLIC EDUCATION EXEMPTIONS OF INDIVIDUAL FOR HANDICAPPED CHILDREN TAXPAYERS, AMENDING FOR AND APPROPRIATING FUNDS THE PURPOSE SECTION 35 (A) THEREFOR AND (B) OF THE NATIONAL INTERNAL REVENUE CODE OF Introduced by Senator Jinggoy Ejercito 1997, AS AMENDED Estrada

Introduced by Senator Jinggoy Ejercito To the Committees on Education, Arts Estrada and Culture; Youth, Women and Family Relations; and Finance To the Committee on Ways and Means Senate Bill No. 883, entitled Senate Bill No. 880. entitled AN ACT PROVIDING FOR A AN ACT CREATING THE PHILIPPINE SPECIAL POLLING PLACE FOR

~ OVERSEAS WORKERS BANK, THE DISABLED AND THE AND FOR OTHER PURPOSES ELDERLY

Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada ! .I To the Committees on Banks, Financial To the Committees on Constitutional Institutions and Currencies; Labor, .Employment Amendments, Revision of Codes and Laws; and Human Resources Development; and Ways and Social Justice, Welfare and Rural and Means Development

Senate Bill No. 881, entitled Senate Bill No. 884, entitled

AN ACT TO PROMOTE AND AN ACT FIXING THE MINIMUM ENCOURAGE THE ORGANIZA- STANDARD FOR DEATH TION AND SUSTAINED BENEFITS TO FILIPINO SEA- DEVELOPMENT OF COOPERA- FARERS EMPLOYED OVERSEAS TIVES AS INSTRUMENTS FOR AND ESTABLISHING A THE FULFILLMENT OF THE MECHANISM AT THE BASIC NEED OF HOUSING FOR PHILIPPINE OVERSEAS THE HOMELESS AND EMPLOYMENT ADMINISTRATION UNDERPRIVILEGED AND FOR ITS REGULAR REVIEW AMENDING FOR THAT PURPOSE AND REALIGNMENT TO REPUBLIC ACT NO. 6938, THE PREVAILING INTERNATIONAL COOPERATIVE CODE OF THE STANDARDS AND FOR OTHER PHILIPPINES AND FOR OTHER PURPOSES PURPOSES Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada To the Committees on Labor, Employment To the Committees on Cooperatives; and and Human Resources Development; and Urban Planning, Housing and Resettlement Social Justice, Welfare and Rural Development 4p 332 MONDAY, AUGUST 30, 2004

Senate Bill No. 885, entitled Senate Bill No. 888, entitled

AN ACT REQUIRING ALL DENTISTS AN ACT TO ESTABLISH A TO GIVE FREE DENTAL SOCIALIZED AND LOW-COST SERVICES IN RURAL AREAS, HOUSING LOAN RESTRUCTURING AMENDING FOR THE PURPOSE PROGRAM, PROVIDING THE RA 4419 ALSO KNOWN AS THE MECHANISMS THEREFOR, AND PHILIPPINE DENTAL ACT OF FOR OTHER PURPOSES 1965, AND FOR OTHER PURPOSES Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committee on Urban Planning, Housing and Resettlement To the Committees on Health and Demography; and Finance Senate Bill No. 889, entitled

Senate Bill No. 886, entitled AN ACT ESTABLISHING A SPECIAL HOSPITAL FOR OVERSEAS AN ACT PROVIDING FOR THE CONTRACT WORKERS (OCWs) ESTABLISHMENT OF BARANGAY AND THEIR DEPENDENTS, DRUGSTORES, OTHERWISE APPROPRIATING FUNDS KNOWN AS’ “BOTICA SA THEREFOR AND FOR OTHER BARANGAY,” AND FOR OTHER PURPOSES PURPOSES Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada To the Committees on Labor, Employment and Human Resources Development; Health To the Committees on Health and and Demography; and Finance Demography; and Local Government Senate Bill No. 890, entitled Senate Bill No. 887, entitled AN ACT FURTHER ENSURING THE AN ACT REQUIRING ALL USE OF THE GENERIC NAMES GOVERNMENT AND PRIVATE IN THE MANUFACTURE, HOSPITALS, MEDICAL CENTERS, PRESCRIPTION AND DISTRIBUTION CLINICS, INFIRMARIES, OF DRUGS AND MEDICINES PUERICULTURE CENTERS TO AMENDING FOR THE PURPOSE GIVE FREE MEDICAL AND CERTAIN SECTIONS OF DENTAL ASSISTANCE TO REPUBLIC ACT NUMBERED 6675, INDIGENT CHILDREN OTHERWISE KNOWN AS THE “GENERIC ACT OF 1988,” AND Introduced by Senator Jinggoy Ejercito FOR OTHER PURPOSES Estrada Introduced by Senator Jinggoy Ejercito To the Committees on Health and Estrada Demography; Social Justice, Welfare and Rural Development; and Ways and Means To the Committee on Health and Demography MONDAY, AUGUST 30, 2004 333

Senate Bill No. 891, entitled Introduced by Senator Jinggoy Ejercito Estrada AN ACT EMPOWERING WOMEN BY PROVIDING THEM WITH To the Committees on Labor, Employment FINANCIAL EDUCATIONAL AND and Human Resources Development; Foreign INFORMATION ASSISTANCE IN Relations; and Finance ORDER FOR THEM TO EXCEL IN Senate Bill No. 894, entitled COMMERCE AND TRADE AN ACT AMENDING SECTION 140 (a) Introduced by Senator Jinggoy Ejercito OF REPUBLIC ACT NO. 7160, Estrada OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE To the Committees on Youth, Women and OF 1991, AND FOR OTHER Family Relations; Trade and Commerce;. and PURPOSES Finance Introduced by Senator Jinggoy Ejercito Senate Bill No. 892. entitled Estrada

AN ACT PROVIDING FOR To the Committee on Local Government EDUCATIONAL BENEFITS FOR THE MINOR CHILDREN OF Senate Bill No. 895, entitled SOLDIERS AND POLICEMEN WHO ARE KILLED BY AN ACT PROVIDING FOR A INSURGENTS OR SLAIN IN THE COLLEGE EDUCATION TRUST LINE OF DUTY AND FOR OTHER FUND FOR CHILDREN OF GSIS PURPOSES AND SSS MEMBERS

Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada To the Committees on Government To the Committees Public Order and on Corporations and Public Enterprises; and Illegal Drugs; National Defense and Security; Education, Arts and Culture and Finance Senate Bill No. 896, entitled Senate Bill No. 893, entitled AN ACT PROVIDING FOR FREE AN ACT TO AMEND REPUBLIC MEDICINE AND OTHER BASIC ACT 8042 ENTITLED, "AN ACT MEDICAL SUPPLIES TO ANY TO INSTITUTE THE POLICIES PRIVATE PERSON OR INDIVIDUAL OF THE OVERSEAS EMPLOY- INJURED OR WOUNDED DURING MENT AND ESTABLISH A A MILITARY OR GOVERNMENT HIGHER STANDARD OF OPERATION PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT Introduced by Senator Jinggoy Ejercito WORKERS, THEIR FAMILIES Estrada AND OVERSEAS FILIPINOS IN DISTRESS AND FOR OTHER To the Committees on National Defense PURPOSES" and Security; and Health and Demography x

I 334 MONDAY, AUGUST 30, 2004

Senate Bill No. 897, entitled Introduced by Senator Jinggoy Ejercito Estrada AN ACT PROVIDING FOR A MAGNA CARTA OF SOCIAL WORKERS To the Committees on Cooperatives; and Constitutional Amendments, Revision of Codes Introduced by Senator Jinggoy Ejercito and Laws Estrada Senate Bill No. 900, entitled To the Committee on Social Justice, Welfare and Rural Development AN ACT DEFINING THE OFFENSE OF ILLEGAL LOGGING IN Senate Bill No. 898, entitled WATERSHEDS AND OTHER PROTECTED AREAS AND AN ACT PROVIDING TAX PROVIDING PENALTIES THERE- INCENTIVES TO DEVELOPERS FOR AND BUILDERS OF RESIDENTIAL BUILDING AND/OR HOUSING Introduced by Senator Jinggoy Ejercito PROJECTS BY EXEMPTING THEM Estrada FROM THE PAYMENT OF REAL ESTATE TAXES, DEFINING THE To the Committees on Environment and CONDITION THEREOF AND FOR Natural Resources; and Constitutional OTHER PURPOSES Amendments, Revision of Codes and Laws

Introduced by Senator Jinggoy Ejercito SOLUTIONS Estrada Proposed Senate Resolution No. 54, entitled To the Committees on Ways and Means; and Urban Planning, Housing and Resettlement RESOLUTION AUTHORIZING ALL Senate Bill No. 899, entitled PERMANENT COMMITTEES OF THE SENATE TO HOLD AN ACT TO STRENGTHEN THE MEETINGS, HEARINGS OR STRUCTURE, CAPABILITY FOR CONFERENCES DURING THE EFFICIENT AND EFFECTIVE RECESS OF THE CONGRESS PROGRAM IMPLEMENTATION FOR THE PURPOSE OF AND ORGANIZATIONAL STUDYING AND PREPARING MANAGEMENT, AND ALIGN ANY PROPOSED LEGISLATION THE DIRECTION OF EXISTING OR TO INVESTIGATE ANY AND FUTURE COOPERATIVES MATTER OR SUBJECT FALLING TOWARDS PEOPLE UNDER THEIR JURISDICTION EMPOWERMENT AND AND AUTHORIZING THE BALANCED SUSTAINED PRESIDENT OF THE SENATE, IN ECONOMIC DEVELOPMENT OF HIS DISCRETION, TO ALLOW ALL COOPERATIVES, AMENDING ANY SPECIAL COMMITTEE TO FOR THAT PURPOSE REPUBLIC HOLD MEETINGS, HEARINGS OR ACT 6938, THE COOPERATIVE CONFERENCES DURING CODE OF THE PHILIPPINES, THE RECESS FOR THE SAME PURPOSE AND FOR OTHER PURPOSES r MONDAY, AUGUST 30, 2004 335

Introduced by Senator Pangilinan PRIORITY DEVELOPMENT ASSISTANCE FUND FOR THE To the Committee on Rules YEAR 2005 TO HELP REDUCE THE PROJECTED BUDGET Proposed Senate Resolution No. 55, entitled DEFICIT OF THE NATIONAL GOVERNMENT BY SAVING RESOLUTION REMINDING THE ALMOST FIVE BILLION PESOS ENTIRE NATION OF THE SACRIFICES AND HEROIC DEEDS Introduced by Senator Ramon Bong OF FORMER PRESIDENT Revilla Jr. MANUEL L. AND FORMER SENATOR BENIGN0 To the Committee on Rules “NINOY” AQUINO JR. Proposed Senate Resolution No. 59, entitled Introduced by Senator Lim RESOLUTION RECOGNIZING AND To the Committee on Education, Arts and COMMENDING THE ROLE OF Culture THE FILIPINO RESERVISTS, THE CITIZENS ARMED FORCE OF Proposed Senate Resolution No. 57, entitled THE ARMED FORCES OF THE PHILIPPINES, CITING ITS RESOLUTION CALLING FOR THE CONTRIBUTION TO NATIONAL REDUCTION BY FIFTY PERCENT DEFENSE, SECURITY AND (50%) OF THE, SENATORS’ NATION-BUILDING PRIORITY DEVELOPMENT ASSISTANCE FUND FOR THE Introduced by Senator Magsaysay Jr. YEAR 2005 IN FAVOR OF THE TEN POINT AGENDA OF THE To the Committee on National Defense NATIONAL GOVERNMENT and Security

SUSPENSION OF SESSION I Introduced by Senators Pangilinan, Recto, Drilon, Biazon, Compaiiera Pia S. Cayetano, Flavier, Gordon, Manuel With the permission of the Body, the Chair “Lito” M. Lapid, and Magsaysay Jr. suspended the session.

To the Committee on Rules It was 3:46 p.m

ADDITONAL REFERENCE OF BUSINESS RESUMPTION OF SESSION

RESOLUTIONS At 3:47 p.m., the session was resumed with Senate President Pro Tempore Flavier presiding. Proposed Senate Resolution No. 58, entitled

RESOLUTION URGING ALL THE PRIVILEGE SPEECH OF MEMBERS OF THE SENATE SENATOR DEFENSOR SANTIAGO TO FOREGO ONE HUNDRED PERCENT (100%) OF THEIR Availing herself of the privilege hour, Senator CONGRESSIONAL INITIATIVE Defensor Santiago delivered the following ALLOCATION AND THE speech: 0v 336 MONDAY, AUGUST 30, 2004

DEEPENING T * The consolidated public sector deficit FISCAL CRISIS BY P748B (or CPSD), which is expected to “NON-BUDGETARY ACCOUNTS” reach P307.8 billion. Thus, it will AND OFF-BOOK ITEMS constitute 6.6% of GDP, the highest in recent years; Pork barrel pales in comparison * The public sector borrowing The congressional pork barrel is not a requirement (or PSBR), which is new controversy. It is decades old. In expected to rise to its historic high of 1992, I ran for president under a platform P336.4 billion. Thus, it will constitute that included the abolition of all pork 7.2% of GDP. barrel for all branches of government. After I was elected senator in 1995, I A country is fiscally sound when delivered a privilege speech to amplify the consolidated public sector deficit this theme, and a summary of my speech is constitutes only 3% or less of GDP. included in the book by the Philippine Let us take note of this figure: it should Center for Investigative Journalism. To only be 3% of GDP. Using this standard, prove the point, I was the only senator in the Philippines is definitely fiscally the Eleventh Congress to refuse to receive unsound on the basis of the following the pork barrel known as Congressional scientific predictions for fiscal year Initiative Allocation, on the ground that it 2005: had no constitutional basis. * Consolidated public sector deficit will The recent upsurge of the periodic reach 5% of GDP; denunciation of pork barrel has stemmed from the academic paper entitled, “The * Public sector borrowing requirement Deepening Crisis: The Real Score on will reach 5.6% of GDP. Deficits and the Public Debt,” issued recently by 11 professors of the U.P. School The accumulation of budget deficits of Economics. The paper listed certain explains only in part the growth in the cost-saving measures, such as cutting in public debt. Between 1997 and 2003, the half the Countrywide Development Fund national government’s debt rose by (CDF) allocations, such that 24 senators P2.01 trillion, from P1.35 trillion to will receive only PlOO million each, and P3.36 trillion. Of this increase, less than 236 representatives only P35 million half (43 percent) was due to deficits each, thus contributing a take of incurred by the national government P10.7 billion to the national treasury. during the same period. And now I would like to emphasize this singular point. More But the national government deficit, than one-third (37.3 percent) of the of which pork barrel is a part, is not buildup in debt is not due to accumulated the most important indicator of our deficits, is not due to the pork barrel, country’s fiscal situation. In other words, even though it is often abused by those we are barking up the wrong tree. who dispensed them, but the buildup in our debt is mostly due to so-called Building up debt thru “non-budgetary “non-budgetary accounts” and off-book accounts” items, such as assumed liabilities and lending to government corporations. The better indicators of how the fiscal Kaya naghahabol-habol tayo ng mga situation has deteriorated or improved are P21 billion in pork barrel dahil may the following: mga opisyal pala na halos trilyon MONDAY, AUGUST 30. 2004

ang ginagastos na hindi nakalagay barrel. Per0 hindi tayo nagtatanong: sa badyet. Ano ang base-legal ng mga cabinet members na kinauukulan para In the period 1997-2003, the debt gumastos sila ng halos P800 bilyon increase was caused for the most part by ng pera ng gobyerno na hindi non-budget accounts of P320.55 billion, nakalagay sa loob ng badyet at and by assumed liabilities and lending walang batas na napairal sa to corporations for P428.10 billion. The Kongreso na binibigyang pahintulot other causes were: national government iyong mga paggastos na iyon? deficit, P855.69 billion; exchange rate change, P377.54 billion; and increase in What is the legal basis? The 1987 cash, P27.54 billion. Constitution provides that no money shall be paid out of the treasury, except In other words, the non-budget in pursuance of an appropriation made accounts and the corporate loans alone by law. We are all now pointing fingers account for P748.10 billion of the public at our own selves. We are now filled debt. Iyon ang habulin natin. By with guilt because we have been comparison, even if we give the full receiving pork barrel and perhaps pork barrel to each member of Congress, abusing them, in the case of at least a this would only amount to P21.4 billion. few. For all these many years I Yes, as I urged more than 10 years ago, have been trying to fight it, but nobody let us reduce or even remove pork barrel; ever bothered to raise the question but first, let us investigate whether whether certain cabinet members are certain fiscal authorities might he making discharging illegal powers far more more illegal money, from non-budget extensive in scope and far more accounts and corporate loans, than injurious to the National Treasury than legislators might be making illegally from the matter of pork barrel. pork barrel. Question 2: Specifically, when the To understand why the fiscal crisis is treasury ends up buying bonds amounting deepening, Congress needs to hold a to P200 billion to help the National Question Hour, so that the finance and Power Corporation service its debt, budget secretaries can he given the does this transaction fall under the law chance to answer the following serious that allows the automatic appropriation of questions: the debt service? If not, what legal basis did the National Treasury use? Question 1: Is the executive department using the automatic Question 3: Did the Department of appropriation of debt service as a Finance or the Department of Budget means of supporting government and Management state explicitly these corporations? If so, what is its legal off-budget transactions in their quarterly basis? Galit ang lahat sa pork barrel. reports to the House of Representatives Sampung taon na ang nakalipas, mag- and to the Senate as required by the isa lang akong nagsabing tanggalin General Appropriations Act? If yes, na iyang pork barrel na iyan, wala how was it handled respectively by namang nagsuporta sa akin. Nag- the Committee on Appropriations, and privilege speech ako, walang kibo by the Committee on Finance? If not, ang Kongreso. Ngayon na nadi- what sanctions were applied? Fiscal diyaryo ang senador o ang transparency requires that there should kongresman, lahat na ngayon ay be a specific consequence for either good gusto nang bawasan o kaya ay or bad fiscal behavior on the part of tanggalin nang tuluyan ang pork fiscal authorities. 4. 338 MONDAY, AUGUST 30, 2004

Sa madding salita, hinihingi ko operating expenditures-meaning, sa ating mga kasamahan nu Personal Services and Maintenance and pag-aralang mabuti itong pork barrel Other Operating Expenditures - na ito. Noong una kong iminungkahi are reenacted. The Capital Outlays ito noong ako say unung naging component of the previous year’s budget senador noong 1995, some political is not deemed reenacted because, by its science professors in U.P. said, “Wait, nature, Capital Outlays are non-recurring. let us reexamine your position. It For example, a PlOO million appropriation might be that pork barrel is part of a for a specific highway in fiscal year mechanism of distributive justice. And 2003 should not be considered reenacted remember, pork barrel is authorized for fiscal year 2004. both by the Constitution and by the General Appropriations Act.” I am willing to admit that a gray area would be a foreign-assisted project, Pero itong pinag-uusapan natin because it is usually multi-year, and sa kabila ng ang pork barrel ay covered by forward obligational authority P20 bilyon lamang sa isang taon, ito issued by the Philippine government ay nagkakahalaga ng P750 billion when the loan for the project was na walang base sa saligang batas negotiated. But in any event, the current at walang base sa batas. Saun sila year’s appropriation, plus all the previous kumuha ng ganitong kapangyarihan? years’ actual disbursements should not Tingin nila ay mas mataas pa sila sa exceed the value of the loan. The bottom mga senador at’ sa mga representante line is that Capital Outlays, as a general na nagpapakahirup makaupo dito rule, are not deemed reenacted. sa bahay na ito dahil mangang- ampanya pa at magpapaliwanag pa Surprisingly, it would appear that the sa mga botante? Sila, tahimik lamang Arroyo administration has a different, sa sulok nila pero nalcakakuha ng perhaps unlawful, interpretation. Tables P750 billion. At hindi lamang iyon. B. 1 entitled “Expenditure Program” and A.5 entitled “Public Sector Infrastructure The Reenacted Budget and Capital Outlays Budget” show that the Executive What is the meaning of a reenacted Department has programmed for fiscal budget? Hindi ba ninyo alam nu pag year 2004, based on a reenacted fiscal year 2003 budget, a significant amount hindi napuyagan ang budget ng Pangulo sa susunod na taon ng of Capital Outlays. Thus: Kongreso ay automatic na iyong Capital Outlays for Fiscal Year 2003 - dating budget ang siyu na lang susundin? That is the meaning of a P81,274,104,000 or P81 billion reenacted budget. That is how you understand it. But I assure you, this is a Capital Outlays for Fiscal year 2004 - tricky question. P63,240,221,000 or P63 billion

The Arroyo administration operated It appears that the Executive on a reenacted budget in 2001, and is Department has no legal basis in operating again on a reenacted budget programming P63.2 billion for Capital this year based on 2003. Former budget Outlays because the previous Congress secretary, now U.P. prof^ Benjamin has never approved the President’s Diokno, always took the position, based proposed budget for fiscal year 2004. on a study made by the DBM’s legal department during the Arroyo This question, and those questions administration, that the reenactment of a which I have previously raised, have not budget means that only the current been squarely answered by the Executive MONDAY, AUGUST 30. 2004 119

department of the government. Therefore, of this dispensation to prohibit or disperse I move that this speech be considered as any form of assembly or any protest action a resolution summoning the former and seeking to express dissent against this present finance secretaries and the former government. This alarming pattern is and present budget secretaries to provide now glaringly reflected in the rising information on these questions that I have number of places where dissent, raised. I further move that the chairman demonstration or any manner of peaceful of the rules committee designate the date assembly is restricted, if not, completely and hour of this Question Hour which, prohibited. With every passing day, under our Rules, shall be scheduled on places where protests are banned are Tuesdays at 5:OO p.m. added to the growing list by paranoid law enforcement officials. The Edsa SUSPENSION OF SESSION Shrine, that monument which was once a testimony to the restoration of democracy Upon motion of Senator Ejercito Estrada (J), in our country, is now off limits and the session was suspended. considered hallowed ground reserved for the exclusive use of an exclusive sector, It was 4:03 p.m. depending, of course, on one's political and religious persuasion. RESUMPTION OF SESSION Ang Edsa Shrine po ay parang may At 4:07 p,m,, the session was resumed. exclusive franchise at hindi raw po pnwedeng gamitin ng sinuman para sa pulitika. Ang tingin ko po diyan, ang PRIVILEGE SPEECH OF sinumang tumututol sa maling palakad SENATOR EJERCITO ESTRADA (J) at patakaran ng pamahalaan, bawal po ang magtipon at magpahayag ng Availing himself of the privilege hour, Senator protesta roon. Ejercito Estrada (J) delivered the following speech: Mendiola, also once the rallying symbol QUO VADIS PHILIPPINE DEMOCRACY? of dissent over unjust and oppressive Today, we observe and commemorate government policies, is now also off limits. the historic Battle of Pinaglabanan which Likewise, the entire Malacaiiang complex sparked the Filipino revolution against and its periphery are also off limits, tyranny and oppression. We pay tribute to protected and fortified, and for the first the legacy of our heroes and martyrs who time in our history, by electric fences. unselfishly sacrificed their lives for us to inherit and enjoy the precious gift of Natatakot po be si Ginang Arroyo freedom and democracy we have today. sa sarili niyang mga kababayan? But this legacy is now imperiled because of a creeping and growing pattern of Even the historic Plaza Miranda, that suppression of the rights of our people to vaunted and shining symbol of our heritage peaceful assembly. of freedom, has been practically closed as a venue for our citizens to freely I rise today to express the concern exercise their rights to express their and apprehension of many of our citizens grievances against the government. Today, who find that the democratic space you and I can no longer defend it in guaranteed by the Constitution is now Plaza Miranda because any mass action being diminished. will not be allowed there. Those distinguished statesmen of our rich and During these past three years, we have glorious past, now long gone, and who witnessed systematic efforts on the part once stood there to freely express their .c1" 340 MONDAY, AUGUST 30, 2004

political beliefs, must be turning in their the arbitrary and high-handed occupation graves. of the grounds of Sto. Domingo Church by PNP officers and men who were The and the tasked to disperse the rally of FPJ Mabuhay Welcome Rotonda, once known supporters. as places where protesters can freely converge, are now also off limits to any Recently, Neal Cmz of the Philippine form of assembly including prayer rallies Daily Inquirer wrote that the government identified with those that oppose this is procuring smokeless tear gas as the administration. latest addition to its dispersal arsenal. Heaven knows what other weapons of Last July 26 of this year, during the mass dispersal are in government hands State of the Nation Address, even the roads today. These do not include professional leading to Commonwealth Avenue and the agitators who are made to infiltrate the Batasang Pambansa have been added to ranks of protesters so as to start an act the growing list of hallowed areas that that will provoke and justify police may not be desecrated by dissent. In dispersal. contrast, not only did President Joseph Estrada allow protesters during his SONA And again, last July 26, during the to enter the premises of the Batasang SONA, it was reported that around 12,000 Pambansa complex, but he even had a policemen were deployed to secure the dialogue with them inside the compound. Batasan. I find this an overkill, pure and simple. Katulad po ng pagkakahuli Any militant group, rightist or leftist, sa amin ni Pangulong Joseph Estrada conservative or liberal, regardless of issue tatlong taon na ang nakakaraan. and persuasion, for as long as they are voicing out any grievance or protest These police officers are mobilized and against dispensation, will be confronted pitted against decent and patriotic citizens by a phalanx of riot police that sometimes exercising their constitutional rights of even outnumber the demonstrators. They free assembly and protest, when they are asked to produce rally permits should be instead patrolling the streets. which, more often than not, are not given Criminal elements are having a field day, or released. Rally permits have become snatching cellphones and handbags, most difficult to obtain. And these are often robbing, mugging, kidnapping, drug the basis for police action to disperse the pushing, perpetrating other crimes because crowd. Ang reklamo po ng ating the police are too busy suppressing the mga kababayan, napakahirap po rights of freedom-loving citizens. makalcuha ng rally permit at ang kawalan po nito ang ginagawang Many respected citizens, journalists, dahilan upang hindi payagang matuloy judges, government officials, businessmen ang mga protesta. and even police officers have been the victims of ambushes and violent crimes. Is It seems that violence in dispersal it because our police are deployed and operations has become the rule rather than preoccupied in suppressing the dissent the exception these days. The examples of law-abiding citizens whose only fault is are legion, from the dispersal in November that they disagree with the government 2003 in Makati to the June rally of and its policies? FPJ supporters in Welcome Rotonda. And the sad part is that no investigations are Marahil, kaya po lumalaganap ang made and the culprits are allowed to go Icrimen sa ating lungsod at kanayunan ay scot-free. And only last June, even sa kadahilanang karamihan sa ating members of the clergy complained about mga pulis ay naroon pa sa dispersal Y MONDAY, AUGUST 30, 2004 341 I operations sa halip na bantayan ang minions reread and take to heart what ating mga lansangan. But 1 do not Article 111, Section 4 of our Constitution blame the ranks of our police officers. expressly provides. As a fitting reminder They cannot entirely be faulted for they to those who have forgotten or have chosen are just following instructions and are to forget, I quote: “No law shall be passed performing what they believe to be their abridging the freedom of speech, of duty. expression, or of the press or the right of the people to peaceably assemble and One thing is also certain: scores of petition the government for redress of demonstrators and police officers have grievances.” The Constitution did not been hurt and many more will be hurt. We require that a rally permit is a necessary have perhaps lost track of statistics of requisite in the exercise of these freedoms. people injured, maimed or even killed in these confrontations. The protesters will Gradually, before our very eyes, we be dispersed forcibly by water canons, see our rights being diminished and tear gas and truncheons. Innocent women marginalized. We see our freedoms and children are not exempt from violent vanishing and our democracy eroding dispersals. There were even cases when steadily because of this administration only around 50 persons assembling in that has practically abandoned all pretenses protest were dispersed. As an example, to maximum tolerance of dissent. Ms Armida Siguion Reyna was dosed with water cannon while speaking in a rally During the term of President Corazon without any provocation and no apparent C. Aquino, maximum tolerance was the clear and present danger threatening the policy, though of course, one cannot ignore state. the unfortunate dispersal of farmer- protesters in Meitdiola which resulted in Last July 13, Carol Araullo, a leader death and injuries. And so with that of of a militant group, was bashed on the President Fidel V. Ramos and more so, head. To use Voltaire’s dictum, I may with that of President Joseph Ejercito not agree with her political persuasion or Estrada. But since Edsa 3, the democratic belief but I will defend her right to space that we used to how has rapidly express it. shrunk. Are we now becoming a tear gas and truncheon society where the redress of As defined under Section 3, grievance in the streets is prohibited? paragraph (b) of Batas Pambansa Blg. 880, Naaawa po ako sa mga kababayan otherwise known as the Public Assembly natin, lalung lalo na po sa mga hanay Act of 1985, the very law that enshrines ng mga mahihirap na ang kakaunti the constitutional guarantee and right of at nalalabi nilang karapatan ay inaalis our people to peaceably assemble for pa po sa kanila ngayon. This has now redress of grievance, states and I quote: become a familiar drama: a recurring “Maximum tolerance means the highest refrain in the so-called parliament of the degree of restraint that the military, police streets, which has now resurfaced and and other peacekeeping authorities shall which we thought was but a fleeting observe during a public assembly or in the reminder of the martial law era. The dispersal of the same.” It is perhaps ironic democratic space guaranteed by the that this law enacted during the martial law Constitution is gradually being taken from era is now violated under a supposedly free us now. and democratic regime. It seems that what we have today is a policy of minimum or And this drama in our streets will zero tolerance where dissenters are continue unless this government and its dispersed with no provocation at all.+ 342 MONDAY, AUGUST 30, 2004

It is also significant to note that this But given the trend we are witnessing law also provides under Section 10 today, we seem to be approaching that paragraph (b) and I quote: “The members direction if good and decent citizens choose of the law enforcement shall not,” I to do nothing to check this arrogant and repeat, “shall not carry any firearms, but naked display of misguided power. may be equipped with baton or riot sticks, shields, crash helmets with visor, gas I speak today not only for protestors masks, boots or ankle-high shoes with shin or demonstrators who have grievances guards.” Take note, the police are not against this government. I speak in behalf allowed to carry firearms. of our people who would like to protect and preserve their democratic rights. I The same section under paragraph (c) speak for our constituents, yours and also states, and again, I quote: “Tear gas, mine. I speak for the future of our smoke grenades, water cannons or any democracy. similar anti-riot device shall not be used unless the public assembly is attended I am prepared to be proven wrong in by actual violence or serious threats of all these. But if my history serves me violence or deliberate destruction right, I remember that the late Sen. Benign0 of property.” It is ironic that these orders S. Aquino Jr. once stood before this for dispersal reflect gross ignorance of very Chamber to warn against the the law on the part of the very persons imposition of martial law. They did not mandated to faithfully execute our laws listen and that was a mistake. and defend the Constitution. We cannot commit the same mistake This is a government that has seen fit to again and I seek the intervention of all compromise these freedoms in the name good and freedom-loving men and of familiar excuses often used by many women, not only of this Chamber, but of authoritarian rulers and those who assume the entire Republic to exercise vigilance power without legitimacy or the express against a creeping trend towards the consent of the governed. suppression and repression of our freedom. This government cries “destabilization” We cannot and must not commit the every time it is confronted with dissent same mistake again for our imperiled while conveniently ignoring widespread democracy because the costs and stakes criminality, poverty and corruption. We are much too high. have heard these justifications much too President Joseph Estrada, during his often to give them credence: destabilization presidency, not only tolerated dissent but plots, national security, terrorism and allowed the people to freely converge at many such other creative and innovative EDSA even without a permit and without labels and rationalizations. any threat of dispersal. In doing so, he rose above his and his family’s sense of Are we now approaching a state of pain in the face of vicious and malicious undeclared martial law? Unti-unti PO bu attacks against his person. tuyong bumabalik sa batus militar? Are we now entering an era of brutal conjugal rule masquerading as a He quietly took all the lies, the democracy? Are we gradually evolving vulgarities and the insults that were into a police state where any form of hurled from the supposed sacred place dissent is repressed? Are we slowly being that was called the “EDSA Shrine.” And transformed into a garrison society so, everyone who hated or disliked him where dispersal and arrests are made for their own reasons had their fill. even among groups conducting prayer This went on for days, becoming more rallies? Perhaps not. I hope not. pernicious each day, and it did not stop for MONDAY, AUGUST 30, 2004 343

no one stopped them until they got succeeds, she stated, the matter could be brought up what they wanted: the illegal and during the appropriate time. unconstitutional ouster of President Joseph Further, Senator Defensor Santiago disclosed Ejercito Estrada. that the Supreme Court ruled in a 1917 case that Some say it was a mistake on President “the right to assemble and petition is a necessary Estrada’s part that he did not lift a finger consequence of republican institutions and a to disperse the crowd at EDSA. I say that complement of the right of free speech,” and in history will have a better judgment for a later case in 1973, it ruled that “the freedom President Estrada who chose to respect of expression and of assembly as well as the our people’s basic freedom no matter if right to petition are included among the immunities it cost him, as it eventually did, the reserved by the sovereign people.” She stated presidency itself. that U.S. Supreme Court Justice Holmes believed that the ideas that people abhor or hate Mrs. got should be protected more than the ideas that they her fresh mandate from her COCs last cherish; while Socrates insinuated to protect election. Sadly, the COC we see today is not only the minority who wanted to talk but a country of corruption. Shall we simply also to benefit the majority who refused to listen. say “Noted”? A country of cheaters, shall we simply say “Noted”? And a country of Asked what law makes it a condition to obtain cowards, again, shall we simply say a permit before holding public assemblies, Senator “Noted”? Ejercito Estrada (J) replied that it is Batas Pambansa Blg. 880 that was enacted in 1985. As As I close, I have but one appeal: let regards the provision in the local government code us not allow the alienated to cross the that limits public assemblies, he said that the local line separating mere disenchantment government unit is empowered to enact and disaffection to outright armed ordinances that include the procedure for obtaining struggle and rebellion. This country, permits for public assemblies. burdened as it is, with so many problems, so many crosses to bear, cannot afford Senator Defensor Santiago said that since this now. these laws are an exception to the constitutional contemplation that the right to peaceably INTERPELLATION OF assemble should be interfered with in the SENATOR DEFENSOR SANTIAGO least restrictive manner, they should be interpreted liberally as always in favor of Senator Defensor Santiago stated that she such right. In the case of Tatel vs. was delighted that the speech referred to a Virac, she pointed out, the Supreme Court gave specific right protected under the Constitution that a list of standards for the exercise of police she has written about in a number of textbooks power by local government units when they and other literary works. She pointed out that regulate the right to peaceable assembly. the Public Assembly Act is unconstitutional because Senator Ejercito Estrada replied that the local Section 4 of Article I11 of the Constitution government units must adhere to the three basic provides that no law shall be passed abridging principles that require that the ordinance must the freedom of speech, of expression or of the not be unfair or oppressive; it must not press or the right of the people to peaceful contravene the Constitution or any of its statutes; assembly. However, she said that while and, it must not be partial or discriminatory.* Congress had chosen to liberally interpret the constitutional provision, it has been passing Pointing out that in a Supreme Court case laws that limit these basic rights which in 1970, Justice Castro in a dissenting opinion said some constitutional law experts believe occupy that “a law subjecting the exercise of Bill of the highest priority in the hierarchy of values of the Philippine constitutional system. *As corrected by Senator Ejercito Estrada (J) on If the movement to change the Constitution August 31, 2004 p.IP 344 MONDAY. AUGUST 30. 2004

Right’s freedoms to the prior restraint of a license danger” applies only to freedom of expression, without a narrow objective and definite standard which is a constellation of rights consisting of free to guide the licensing authority is unconstitutional,” speech, free press and free assembly. A common Senator Defensor Santiago said that there is a mistake in the Philippines, she explained, is to need to revisit the Public Assembly Act and apply such test to issues involving national policy determine the narrow objective and the definite and constitutionally protected rights. She clarified standard to guide the licensing authority. She that “clear and present danger” meant that the suggested that Senator Ejercito Estrada introduce speech created danger to the State as when the a bill to address these concerns and promote the speech encourages or induces the crowd to universal declaration of human rights. engage in an activity that is described as a crime under the Penal Code such as sedition, libel, and Asked by Senator Defensor Santiago if the insurrection, among others. The second more limitations placed by the Macapagal Arroyo important component, she said, is that danger Administration promote the interest of national is imminent, when, moved by the speech, people security, public safety, public order, or intend to start taking action. She noted that generally, protect public health or morals as well as the rights any administration, including the Macapagal and freedom of others, Senator Ejercito Estrada Arroyo Administration, cannot impose any limits replied in the negative. He affirmed that the on free expression because no speaker in the limitations imposed by the present administration country at present has the power to incite the crowd might be contradictory to Article 21 of the to action. She explained that if the leaders of Universal Declaration of Human Rights to which EDSA 111 provoked the crowd to do something the Philippines is a signatory. rowdy but no one even moved, then there would not be any case. Senator Defensor Santiago stressed a dispositive portion from a 1983 Supreme Court Senator Defensor Santiago observed that other ruling on freedom of assembly -- “It is not to be standards such as those used to ensure the right limited, much less denied, except on a showing of to due process, should also apply as in the case of a clear and present danger of a substantive evil Reyes vs. Bagatsing decided by the Supreme that the state has a right to prevent,” adding that Court in 1983. She noted that Senator Ejercito the term ‘clear and present danger’ is a test or a Estrada raised the issue of application for rally standard imposed by the Supreme Court in cases permits being refused arbitrarily. She agreed concerning free speech, press and peaceable that the issuance of a rally permit, given the assembly, in other words, the freedom of constitutional background as a general rule, should expression. be mandatory except with reference to time, place and manner. She stressed that the Public Asked what standard should be adopted Assembly Act does not give the mayor or the by law-enforcement agencies in interpreting the police the power to prohibit a certain assembly phrase “clear and present danger,” Senator because they do not possess that discretion. Ejercito Estrada expressed the view that if a She said that the mayor has the duty to issue speech incites people to commit an intolerable the permit but can impose conditions on time or evil, for example, the murder of a public official, place so as to avoid traffic congestion and other such would constitute “clear and present danger.” inconveniences. That speech, he believed, may be stifled or restricted. Adverting to Reyes vs. Bagatsing, Senator Defensor Santiago said that the Supreme Court Senator Defensor Santiago explained that ruled that the use of streets and public places for fighting words are such that they aggravate the assembly has from ancient times been a part of victim so much so that he is entitled to restrict the privileges and immunities, rights and liberties the speaker’s right to free expression. For example, of citizens. She said that in law, such streets and she said, if one calls a person an idiot, he can parks are called public forums and a rally permit punch him in the nose because “idiot” is a fighting must be issued if the place applied for happens to word. She reiterated that “clear and present be a street or a park. MONDAY. AUGUST 30, 2004 ?A5

To the observation that law enforcers and local houses; a helicopter hovered as if to arrest a officials should be fully educated on the hundred criminals. She bewailed that it was a consequences and implications of the public forum moment of humiliation, mortification, anguish and doctrine, Senator Ejercito Estrada agreed. He sorrow that could never be forgotten. She said that the list of places where protests are informed the Body that mugshots of Senator banned is growing. The places, he noted, are those Ejercito Estrada (J) and the President were taken that have been historically associated with the at and that triggered EDSA 111. venerated right to peacefully assemble like Plaza Miranda. He believed that prohibiting the use of Senator Ejercito Estrada (L) believed that such a venue is unconstitutional because it is their election was a vindication for former tantamount to censorship. President Joseph Ejercito Estrada; furthermore, it was historically significant as it was the first INTERPELLATION OF time that a mother and son were elected to SENATOR EJERCITO ESTRADA (L) the Senate.

Senator Ejercito Estrada (L) sought Asked where in Metro are the freedom clarification on the importance of Pinaglabanan parks that can be used as venues for people to Day. In response, Senator Ejercito Estrada (J) air their grievances, Senator Ejercito Estrada (J) recalled that at 4 o’clock in the morning of August replied that he had a listing of the freedom 30, 1896, about 800 katipuneros attacked El parks but that there are none in Metro Pulvurin, a Spanish arsenal, aiming to secure Manila. more arms. The kutipuneros bravely fought and attacked the Spaniards, he said, but did not have Upon further query, Senator Ejercito the military skills and lost the battle. He said that Estrada (J) explained that while the establishment the Battle of Pinaglabanan commemorates the of freedom parks is mandated by BP Blg. 880, physical show of dissent against an oppressive none of the mayors were aware and tyrannical government, with no democratic of it. Moreover, he said that San Juan is too space nor dissent allowed such as mirrored in the small place for the people to hold rallies. He present policy of the Macapagal Arroyo noted that no one had applied for a permit to Administration. He averred that the history of hold rallies in San Juan during his term as mayor. Pinaglabanan should be an enduring lesson for today. INTERPELLATION OF SENATOR ENRILE Senator Enrile noted that Senator Ejercito Senator Ejercito Estrada (L) recalled that in Estrada’s speech commemorated the historic the SONA last July about 12,000 policemen were Battle of Pinaglabanan as he recalled that the deployed to secure the Batasan area, which was participants fought in Pinaglabanan with the an overkill. objective of gaining the country’s independence.

Asked how many soldiers came to arrest him Asked whether the administration’s present and his father on April 25, 2001, Senator Ejercito policies on this matter go against the spirit of that Estrada (J) replied that he could not remember historic event, Senator Ejercito Estrada (J) replied the exact number but their residence and the in the affirmative. nearby streets were filled with policemen. He said that the PNP hierarchy directed a battalion of Senator Enrile observed that nowadays even police to conduct the arrest. peaceful street rallies are being prohibited by the administration even though, as Senator Defensor Senator Ejercito Estrada (L) recalled that Santiago had pointed out, the Filipino people’s during that time, the four major services of the right to peacefully assemble and air their Armed Forces were used. She said that there grievances is guaranteed under the Constitution were countless soldiers in their lawn, front yard, and that no law could suppress such right. Senator rooftops of their house and their neighbor’s Ejercito Estrada agreed. # 346 MONDAY, AUGUST 30. 2004

Asked whether prohibiting the people from loving Filipinos to rally in this historic place. holding peaceful street rallies is symbolic of a Senator Ejercito Estrada surmised that the truly strong Republic, Senator Ejercito Estrada present administration may be afraid of its own replied in the negative. shadow.

As to whether such a policy is indicative of Senator Enrile said the administration has no society’s ills that stem from the suppression of reason to be afraid because it had been given the right of the people to air their grievances the mandate by the people. On the other hand, he against those in power, Senator Ejercito Estrada recalled that it was also in Mendiola where replied in the affirmative. the peaceful rally of some farmers ended in a massacre. He added that np to now, there If the suppression of this freedom continues, has been no investigation into the incident and Senator Enrile warned that there would come a that the victims have not been given justice as time when the people’s collective sentiments the perpetrators behind the crime have not been would be violently expressed. Senator Ejercito identified. Senator Ejercito Estrada said that Estrada agreed, noting that most of the he mentioned the incident in his speech. administration’s allies do not give rally permits to supporters of the opposition. Relative thereto, Senator Enrile noted that the purpose behind the crafting of the 1987 Upon further query, Senator Ejercito Estrada Constitution was to maintain a just and humane agreed to the observation that the fact that society. However, he questioned whether the the country’s leaders did not even consider their Mendiola massacre and the brute physical force actions to be a form .of control and suppression used against the protesters could aptly describe particularly in the light of the prevailing poverty, such a society. Senator Ejercito Estrada said it did indicates that the administration is not secure in its not. governance. Senator Enrile stated that President Quezon Senator Enrile noted that Mendiola, Plaza symbolized the country’s struggle to attain freedom. Miranda and Quezon Memorial are all historically He wondered why the Quezon Memorial Park significant in the Filipino’s quest for democracy. which had been named in honor of the late He noted that the bombing of the Liberal Party’s President could not be used by Filipinos political rally in Plaza Miranda on August 21, 1971, to hold peaceful gatherings to express their was one of the most violent incidents in the sentiments against the administration. Senator history of the Philippines. Ejercito Estrada admitted that he himself did not understand why the people’s right to Asked if he believed that the perpetrators of peacefully assemble continues to be suppressed. the wanted to establish a dictatorship at that time, Senator Ejercito Asked whether the people who would rally in Estrada conceded that Senator Enrile was more front of the Jose monument would also be knowledgeable about the incident. dispersed, Senator Ejercito Estrada replied that they would not so long as they do not espouse a Senator Enrile said the information about the political issue, in which case, the police might perpetrators’ motive came from a military take a different attitude. Nevertheless, he opined officer, Victor Corpus.* This, he added, was that only rallyists who are identified with the the reason he lost his senatorial bid in 1971. administration would be able to get a permit to rally. Noting that the past administrations allowed those who supported and those who opposed the Asked if he would be amenable to crafting a prevailing democratic ideology to air their law that would make Luneta similar to that of sentiments at Mendiola, Senator Enrile wondered the Boston where people are why the present leadership forbids other freedom- allowed to stage rallies and express their sentiments against the government, Senator Ejercito Estrada *As corrected by Senator Enrile on August 31, 2004 replied in the affirmative. Relative thereto, he MONDAY, AUGUST 30, 2004 347

stressed the need to amend Batas Pambansa SECTOR OF THE COUNTRY AND Blg. 880 because some of its provisions are THE REVIEW OF ALL already obsolete. ASPECTS THEREOF, INCLUDING CONTRACTS WITH INDEPENDENT Senator Enrile noted that the EDSA Shrine POWER PRODUCERS (IPPs) was built in commemoration of the peaceful WITH THE END IN VIEW OF 1986 EDSA Revolution. He wondered why the COMING UP WITH POLICY administration has been claiming the sole authority MEASURES THAT WOULD over the EDSA Shrine when, in fact, the ADDRESS THE POSSIBLE peaceful revolution was participated in by different I EMERGENCE OF AN ENERGY groups, sects and religions. CRISIS AND THE RISING OF COST OF FUEL AND Senator Ejercito Estrada recalled that a few ELECTRICITY, AND TO ASSESS months after the EDSA I1 rally, EDSA 111, THE ENERGY REQUIREMENTS which lasted for five days, was staged near the OF THE COUNTRY EDSA Shrine. Weeks after that, he said, Manila Archbishop Jaime Cardinal Sin, through his Introduced by Senator Enrile secretary, Bishop Socrates Villegas, ordered the prohibition of any kind of assembly around To the Committee on Energy the EDSA Shrine. Upon further query, he affirmed that there is no law that prohibits the same. Proposed Senate Resolution No. 61, entitled Asked if he would agree during the budget RESOLUTION CALLING AN hearing to ask the PNP officials why they were INVESTIGATION IN AID OF following the administration’s order to guard LEGISLATION OF THE MAJOR the EDSA Shrine which is unconstitutional DAMS AND OTHER CAUSES OF as it involved the use of public funds, Senator THE HEAVY FLOODS IN LUZON Ejercito Estrada replied in the affirmative. INDUCED BY THE TORRENTIAL RAINS REFERRAL OF SPEECH TO COMMITTEES Introduced by Senator Gordon Upon motion of Senator Pangilinan, there being no objection, the Chair referred the speech of To the Committees on Public Works; and Senator Ejercito Estrada (J) and the Environment and Natural Resources interpellations thereon to the Committee on Justice and Human Rights as the primary committee THIRD ADDITIONAL and the Committee on Public Order and Illegal REFERENCE OF BUSINESS Drugs as the secondary committee. BILLS ON FIRST READING SECOND ADDITIONAL Senate Bill No. 1635, entitled REFERENCE OF BUSINESS AN ACT FIXING THE DATE OF Secretary Yabes read the following matters THE REGULAR ELECTION FOR and the Chair made the corresponding referrals: ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN RESOLUTIONS MUSLIM PURSUANT Proposed Senate Resolution No. 60, entitled TO REPUBLIC ACT NO. 9054, ENTITLED “AN ACT TO RESOLUTION DIRECTING THE STRENGTHEN AND EXPAND COMMITTEE ON ENERGY TO THE ORGANIC ACT FOR THE INQUIRE, IN AID OF AUTONOMOUS REGION IN LEGISLATION, INTO THE MUSLIM MINDANAO, AMENDING STATUS OF THE ENERGY FOR THE PURPOSE REPUBLIC A/ M 348 MONDAY, AUGUST 30, 2004

ACT NO. 6734, ENTITLED AN Introduced by Senator Pimentel Jr. ACT PROVIDING FOR AN ORGANIC ACT FOR THE To the Committees on Constitutional AUTONOMOUS REGION IN Amendments, Revision of Codes and Laws; MUSLIM MINDANAO”, AS and Local Government AMENDED Relative to Senate Bill Nos. 1635 and 1673, Introduced by Senator Pangilinan Senator Pangilinan stated that the Body had taken an extraordinary approach of allowing To the Committees on Constitutional their First Reading ahead of bills filed earlier Amendments, Revision of Codes and Laws; because the ARMM elections are scheduled in and Local Government the last week of September. He clarified that this would not serve as precedent. Senate Bill No. 1673, entitled

AN ACT FIXING THE DATE OF RESOLUTION THE REGULAR ELECTIONS OF REGIONAL GOVERNOR, REGIONAL Senate Concurrent Resolution No. 4, entitled VICE-GOVERNOR, AND MEMBERS OF THE REGIONAL CONCURRENT RESOLUTION LEGISLATIVE ASSEMBLY OF AMENDING THE LEGISLATIVE THE AUTONOMOUS REGION IN CALENDAR FOR THE FIRST MUSLIM MINDANAO (ARMM), REGULAR SESSION OF THE AMENDING FOR THE PURPOSE THIRTEENTH CONGRESS OF THE REPUBLIC ACT NO. 9140 PHILIPPINES ENTITLED “AN ACT FIXING THE DATE OF THE PLEBISCITE Introduced by Senator Pangilinan FOR THE APPROVAL OF THE AMENDMENTS TO REPUBLIC To the Committee on Rules ACT NO. 6734 AND SETTING THE DATE OF THE REGULAR ELECTIONS FOR ELECTIVE ADJOURNMENT OF SESSION OFFICIALS OF THE AUTONO- MOUS REGION IN MUSLIM Upon motion of Senator Pangilinan, there being MINDANAO ON THE LAST no objection, the Chair declared the session MONDAY OF NOVEMBER 2001, adjourned until three o’clock in the afternoon of AMENDING FOR THE PURPOSE the following day, August 31. REPUBLIC ACT NO. 9054, ENTITLED AN ACT TO It was 5:37p.m, STRENGTHEN AND EXPAND THE ORGANIC ACT FOR THE AUTONOMOUS REGION IN I hereby certify to the correctness of the MUSLIM MINDANAO, AMENDING foregoing. FOR THE PURPOSE REPUBLIC ACT NO. 6734, ENTITLED AN ACT PROVIDING FOR THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AS AMENDED, AND FOR OTHER PURPOSES,” AND FOR OTHER i PURPOSES Approve on August 3 1, 2004 1