CCoommmmiitttteeee DDaaiillyy BBuulllleettiinn Vol. II No. 49 A publication of the Committee Affairs Department November 18, 2014 COMMITTEE MEETINGS MEASURES COMMITTEE PRINCIPAL SUBJECT MATTER ACTION TAKEN/DISCUSSION NO. AUTHOR Bangsamoro HB 4994 Speaker Providing for the basic law for the The Committee, chaired by Rep. Rufus Basic Law (Ad Belmonte Bangsamoro and abolishing the Rodriguez (2nd District, Cagayan de Oro City), Hoc Committee) Autonomous Region in Muslim Mindanao will deliberate further on the proposed (ARMM), repealing for the purpose Bangsamoro Basic Law (BBL) in its next Republic Act 9054, or the law meeting. strengthening and expanding the Organic Act for the ARMM, and RA 6734, or the Legal luminaries and members of the academe law providing for an Organic Act for the made their respective comments on the ARMM constitutionality of the provisions of the proposed BBL. Prof. Merlin Magallona, former Dean of the University of the Philippines (UP) College of Law, opined that the BBL will entail an amendment of the Constitution since it involves the reorganization, distribution and defragmentation of state powers which are acts sovereign to the people. He suggested that the BBL be reformulated and presented as an amendment to the Constitution to avoid questions on its constitutionality. Former Ambassador to Rome and now president of the Philippine Council on Foreign Relations Jose Romero urged the legislature to remove the provisions in the BBL deemed unconstitutional and make the consultations more inclusive to know the real sentiments of all stakeholders. On the other hand, former delegate to the 1986 Constitutional Commission Wilfrido Villacorta and former Ambassador Macabangkit Lanto believe that the BBL is in consonance with the Philippine Constitution, adding that a certain degree of liberality should be applied when “juxtaposing the BBL to the fundamental law of the land.” Department of Justice (DOJ) Secretary Leila de Lima emphasized that the BBL actualizes the peace agreement in a manner that is consistent with the Constitution. The following government officials gave their support to the provisions of the BBL that relate to their respective mandates: Department of Agriculture (DA) Secretary Proceso Alcala; Department of Energy (DOE) Secretary Carlos Jericho Petilla; Commission on Human Rights (CHR) Chair Loretta Ann Rosales; Department of Transportation and Communications (DOTC) Undersecretary Jose Perpetua Lotilla; Continuation… Department of Social Welfare and Development Bangsamoro (DSWD) Assistant Secretary Vilma Cabrera; Basic Law (Ad Commission on Higher Education (CHED) Hoc Committee) Deputy Executive Director Napoleon Imperial; Department of Public Works and Highways (DPWH) Director for Planning Service Constante Llanes; and Department of Tourism (DOT) representative Manuel Andrada. They took turns in answering the queries of the Committee members on the effect of the BBL on their respective systems of operation and the future intergovernmental relations between them and the Bangsamoro Government. Department of Health (DOH) Undersecretary Nemesio Gako suggested that public health programs and the regulation of foods, drinks, drugs and tobacco be made a concurrent power shared by both the Central and Bangsamoro Governments. Under the BBL, these matters shall be under the exclusive power of the Bangsamoro. Lawyer Lorenzo Vergara from the Office of the Ombudsman (OMB) conveyed the observations of the OMB with regard to the BBL. One of which is OMB’s opinion that granting the Bangsamoro Government the primary disciplinary authority over its own officials and employees will diminish the OMB’s constitutional power to investigate any act or omission of any public official, employee, office or agency. Rep. Celso Lobregat (1st District, Zamboanga City) asked whether the hands of the legislators are tied to what has been agreed upon by the Government of the Philippines (GPH) and the Moro Islamic Liberation Front (MILF) under the peace agreement. Rep. Rodriguez said that irrespective of what has been agreed upon by both parties, Congress is duty-bound to review the BBL and make sure that all its provisions are in consonance with the Constitution. Banks and Substitute Reps. Ponce Regulating the Philippine credit card The Committee, presided by Rep. Sonny Financial Bill to HBs Enrile, Romulo, industry Collantes (3rd District, Batangas), approved the Intermediaries 207, 1031, Teodoro, substitute bill subject to style. 1513, Escudero, 2043, Mendoza (R.D.), Bangko Sentral ng Pilipinas (BSP) General 2551, Piamonte & Counsel Elmore Capule expressed support for 3563 & Collantes the bill. He informed the Committee that the 4861 Monetary Board has reviewed the substitute bill and found it favorable. Alex Ilagan, Credit Card Association of the Philippines (CCAP) executive director, also expressed support for the proposed law saying that it will promote consumer protection and ensure transparency in the credit card industry. Rep. Cresente Paez (Party-List, COOP- NATCCO) proposed that a cap be imposed on the interest and penalties being charged by credit card companies. 2 Continuation… However, Rep. Collantes said the proposal of Banks and Rep. Paez may be a subject of a separate bill. Financial Intermediaries On the query of Rep. Juliet Cortuna (Party-List, A TEACHER) on the possibility that credit card companies waive their annual and joining fees, the Committee decided to request the BSP to conduct a study on the matter and submit its report to the Committee. Substitute Reps. Bichara, Enhancing the resolution and liquidation The Committee approved the substitute bill with Bill to HBs Rodriguez (R.), framework for banks, amending for the amendments. 14, 1787, & Collantes purpose Republic Act 3591, or the 4392 & Philippine Deposit Insurance Corporation PDIC President Cristina Orbeta, in expressing 4891 (PDIC) Charter, as amended, and other support for the bill, said the bill contains all the related laws provisions that the PDIC needs to be able to perform its mandate better. The passage of the bill into law will help maintain a sound and stable banking system, she added. Basic Education HR 1319 Rep. Biazon Honoring Clarita Villarba Rivera, also The Committee, chaired by Rep. Kimi and Culture known as Mila Del Sol, for her Cojuangco (5th District, Pangasinan), adopted contributions in the movie industry that HR 1319. enriched Philippine culture and the Philippine society in general HB 1707 Rep. Noel Providing for the rehabilitation and repair The Committee agreed to create a technical of Gabaldon schoolhouses nationwide, working group (TWG), to be headed by Rep. appropriating funds therefor Gwendolyn Garcia (3rd District, Cebu), to refine the bill and incorporate in it the amendments introduced by the Members of the Committee during the meeting. Among the proposed amendments to the bill are the following: Expand the scope of the bill to include the restoration and preservation of Gabaldon schoolhouses nationwide; Define certain terms such as “Gabaldon buildings;” and Include a penal provision in the bill. Pasig City Rep. Roman Romulo recommended the possible conversion of the Gabaldon schoolhouses into two-storey or four-storey buildings to help address the problem of classroom shortage especially with the implementation of the K to 12 Program. Rep. Victoria Noel (Party-List, AN WARAY), author of HB 1707, welcomes any amendment that will improve her bill. The Department of Education (DepEd) was requested to submit a list of Gabaldon schoolhouses nationwide and a status report on the progress of its efforts to conserve Gabaldon schoolhouses. Basic Education HBs 2277, Reps. Velarde, Providing for the mandatory annual The Joint Committee, co-presided by Rep. Kimi and Culture jt. 2646 & Arroyo (D.) & inspection of all public and private school Cojuangco (5th District, Pangasinan), Chair of w/ Higher and 2886 Calixto-Rubiano buildings by the city or municipal engineer the Committee on Basic Education and Culture, Technical or building official and Rep. Roman Romulo (Pasig City), Chair of Education the Committee on Higher and Technical Education, agreed to create a technical working group (TWG) that will consolidate the bills. 3 Continuation… The TWG will be chaired by Pasay City Rep. Basic Education Emi Calixto-Rubiano. and Culture jt. w/ Higher and Rep. Gwendolyn Garcia (3rd District, Cebu) Technical underscored the importance of conducting Education mandatory annual inspection of all public and private school buildings to ensure the safety and structural integrity of these buildings thereby ensuring the safety of students. She added that some of the school buildings’ structures may have been weakened or damaged by the typhoons and earthquakes that recently hit the country. Both Reps. Romulo and Cojuangco pointed out the need to identify the source of funding for the implementation of the school inspection, especially because the proposed law covers not only public schools but private schools as well. The Department of Public Works and Highways (DPWH) and the leagues of local government units will be among those which will be invited to join the TWG. HBs 2162 Rep. Olivarez Strengthening the voluntary accreditation The Joint Committee deferred its deliberation on & 2281 of private schools in the Philippines HBs 2162 and 2281. The Secretariat of the Committee on Basic Education and Culture was instructed to secure the position of Rep. Eric Olivarez (1st District, Parañaque City) on how best to dispose of his two bills