EPUBLIC OF THE PHILIPPINES Senate Pasay City SESSION NO. 11 Tuesday, August 2 1,2007 ~~~~~~~~~~ CONGRESS FIRST REGULAR SESSION SESSION NO. 11 Tuesday, August 21,2007 CALL TO ORDER ROLL CALL At 4:05 p.m., the Senate President, Hon. Manny Upon direction of the Chair, the Secretary of the Villar, called the session to order. Senate, Emma-Lirio Reyes, called the roll, to which the following senators responded: PRAYER Angara, E. J. Gordon, R. J. Sen. Richard J. Gordon read the prayer prepared Aquino 111, 8. S. C. Honasan, G. B. by his daughter, to wit: Arroyo, J. P. Lacson, P. M. Biazon, R. G. Madrigal, M. A. Dear Lord, today we pray and conune- Cayetano, A. P. C. S. Pangilinan, F. N. inorate the life of Sen. Benign0 Aquino Jr., Cayetano, C. P. S. Pimentel Jr., A. Q. a distinguished alumnus of the University of Defensor Santiago, M. Revilla Jr., R. B. the Philippines and a member of the Upsilon Ejercito Estrada, J. Roxas, M. Sigma Phi Fraternity, certainly an assertive Eurile, J. P. Villar, M. leader that deserves to be the example for Escudero, F. J. G. our people in terms of changing the ways that have brought us to perdition in this With 19 senators present, the Chair declared country. the presence of a quorum. Dear Lord, God of all, we call You by Senators Lapid and Zubiri were on official different names, but You listen anyway. We mission, the latter abroad. come to You today one nation composed of different tribes and different faiths but we Senator Legarda was absent due to health still are one nation. We call on You, dear reasons. Lord, and ask that You bring peace to our country. Senator Trillanes was unable to attend the session. We pray for our soldiers, young men and women, who have choseii to serve their ACKNOWLEDGMENT OF THE PRESENCE country, too many of whom have spilled OF GUEST their blood. We pray that You protect them and keep them safe. Return them safely to At this juncture, Senator Pangilinan acknowl- fulfill dreams unrealized so that they may edged the presence of former President Corazoii bless Your Name through the lives they live. C. Aquino. Guide us so that we may contribute to bringing about Your peace. Give us wisdom APPROVAL OF THE JOURNAL so that we may find ways to uplift our people’s lives. Lead us so that we may do Upon motion of Senator Pangilinan, there being what is right in Your sight. no objection, the Body dispensed with the reading of the Journal of Session No. IO and considered it Thank you very much, Lord approved. 202 TUESDAY, AUGUST 21, 2007 REMARKS REMARKS OF SENATOR PIMENTEL OF SENATOR DEFENSOR SANTIAGO Senator Pimentel expressed the view that the more liberal interpretation of the Rules of the Senate Senator Defensor Santiago paid her respect to former President Aquino whom she considers is that since the Senate, as a continuing body, has to be one of the most admired presidents of the already acquired jurisdiction over the JPEPA, there is no need to wait for another referral. He expressed country, indeed a unique distinction given the array of suspicious characters who had occupied that hope that the Body would adhere to that line of reasoning to avoid being bogged down by the failure office. She welcomed the former president to the of Malacafiang to endorse the JPEPA to the Senate Chamber. for ratification. POINT OF ORDER Senator Defensor Santiago agreed but she OF SENATOR DEFENSOR SANTIAGO expressed concern that should the Senate ratify the Agreement, the losing parties could bring a case to Thereupon, Senator Defensor Santiago raised a the Supreme Court which could, in turn, declare that point of order, noting that the Office of the President all the Senate proceedings on the JPEPA were void has not yet officially transmitted the Japan-Philippine because of its own rules. However, she noted that Economic Partnership Agreement (JPEPA) to the the Supreme Court had already ruled that both Senate, although the document had been referred to Houses of Congress can amend their rules anytime. the Senate in the last Congress. She stated that if this is the unanimous sentiment of the Body, it could amend Section 101 which would As she invoked the principle of statutory allow the Senate to consider the JPEPA to have conshuction that a special law will serve to repeal or been submitted to it and therefore allow the Committee amend a general law or practice, she stated that to schedule a public hearing on it. while the general tradition in the Senate is that proceedings on bills in the past Congress need not be SUSPENSION OF SESSION replicated in the new Congress, there is the last paragraph of Section 101 of the Rules of the Senate Upon motion of Senator Pangilinan, the session which states, “All proceedings on treaties shall was suspended. terminate upon the expiration of the term of the Senators elected in the preceding elections and the It was 4:15 p.m. same shall be taken up in the succeeding sessions of the Senate, as if presented for the first time.” RESUMPTION OF SESSION At 4:18 p,m., the session was resumed She stated that while she would be delighted to consider the JPEPA as submitted to the Senate REFERRAL OF THE POINT OF ORDER and referred to the Committee on Foreign Relations, OF SENATOR DEFENSOR SANTIAGO she is restricted by said rule whose technical limit- ations would have to be applied in this case. She Upon motion of Senator Pangilinan, there being recalled that when she was designated as chair of no objection, the point of order of Senator Defensor the Committee two weeks ago, she wrote the Santiago was referred to the Committee on Rules. Executive Secretary to remind him that under the Senate Rules, the JPEPA has to be referred to REFERENCE OF BUSINESS the Senate anew. The Committee, she eniphasized, will have no jurisdiction unless the JPEPA is sent The Secretary of the Senate read the following by Malacafiang to the Senate, and without the matters and the Chair made the corresponding Senate concurrence, JPEPA does not exist in legal referrals: contemplation. BILLS ON FIRST READING In reaction, Senator Pangilinan gave assurance Senate Bill No. 501, entitled that he would make the necessary representation with the Presidential Legislative Liaison Office to AN ACT CREATING AND ESTAB- inquire into the transmittal of the document. LISHING THE INSTITUTE FOR TUESDAY, AUGUST 21,2007 203 STRATEGIC STUDIES, AND FOR Senate Bill No. 505, entitled OTHER PURPOSES AN ACT AMENDING ARTICLE 264 OF rntmduced by Senator Jinggoy Eje~b BATAS PAMBANSA BLG. 881, Eshada OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF To the Committees on Civil Service and THE PHILIPPINES, AS AMENDED, Government Reorganization; National Defense AND FOR OTHER PURPOSES and Security; and Finance Introduced by Senator Jinggoy Ejercito Senate Bill No. 502, entitled Estrada AN ACT CREATING THE LOCAL To the Committee on Constitutional EMPLOYMENT AUTHORITY, Amendments, Revision of Codes and Laws DEFINING ITS POWERS AND FUNCTIONS AND APPROPRIATING Senate Bill No. 50h, entitled FUNDS THEREFOR AN ACT AMENDING SECTIONS 251 Iutroduced by Senator Jinggoy Ejercito AND 252 OF BATAS PAMBANSA Estrada BLG. 881, OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF To the Committees on Labor, Employment THE PHILIPPINES, AS AMENDED, and Human Resources Development; Civil Service AND FOR OTHER PURPOSES and Government Reorganization; and Finance Introduced by Senator Jinggoy Ejercito Senate Bill No. 503, entitled Estrada AN ACT AMENDING SECTION 186 OF To the Committee on Constitutional BATAS PAMBANSA BLG. 881, Amendments, Revision of Codes and Laws OTHERWISE KNOWN AS THE OMNIBUS ELECTION CODE OF Senate Bill No. 507, entitled THE PHILIPPINES, AS AMENDED, AND FOR OTHER PURPOSES AN ACT ESTABLISHING THE MOVE- MENT TO HELP ERADICATE RAPE Introduced by Senator Jinggoy Ejercito AND OTHER FEMALE ABUSES Estrada “(MOTHER),” MANDATING THE COMPULSORY TEACHING OF To the Committee on Constitutional SELF DEFENSE TO ALL FEMALE Amendments, Revision of Codes and Laws CONSTITUENTS, APPROPRIATING FUNDS THEREFOR, AND FOR Senate Bill No. 504, entitled OTHER PLJRPOSES AN ACT AMENDING SECTION 10 OF BATAS PAMBANSA BLG. 881, Introduced by Senator Jinggoy Ejercito OTHERWISE KNOWN AS THE Estrada OMNIBUS ELECTION CODE OF THE PHILIPPINES, AS AMENDED, To the Committees on Youth, Women and AND FOR OTHER PURPOSES Family Relations; and Finance Introduced by Senator Jinggoy Ejercito Senate Bill No. 508, entitled Estrada AN ACT TO RESTORE THE TAX To the Committee on Constitutional EXEMPTION PRIVILEGES OF ELEG Amendments, Revision of Codes and Laws TRIC COOPERATIVES CREATED # rzi 204 TUESDAY, AUGUST 21.2007 UNDER P.D. 269, OTHERWISE KNOWN To the Committees on Trade and Commerce; AS THE “NATIONAL ELECTRIFIC- and Agriculture and Food ATION ADMINISTRATION DECREE,” AMENDING FOR ‘THIS PURPOSE Senate Bill No. 512, entitled SECTIONS 193 AND 234 (d) OF R. A. NO. 7160 OTHERWISE KNOWN AS AN ACT TO INSTITUTE A FREE THE LOCAL GOVERNMENT CODE PUBLIC COLLEGE EDUCATION OF 1991 SYSTEM IN THE PHILIPPINES AND FOR OTHER PURPOSES Introduced by Senator Jinggoy Ejercito Estrada Introduced by Senator Jinggoy Ejercito Estrada To the Committees on Cooperatives; and Ways and Means To the Committees on Education, Arts and Culture; and Finance Senate Bill No. 509, entitled Senate Bill No. 513, entitled AN ACT AMENDING SECTION 144 OF BATAS PAMBANSA BLG. 68, AN ACT ESTABLISHING A “TULONG- OTHERWISE KNOWN AS THE DUNONG PROGRAM” FOR STUDENTS CORPORATION CODE OF THE OF UNDERPRIVILEGED FAMILIES PHILIPPINES BY INCREASING THE AND AUTHORIZING THE APPRO- RANGE OF PENALTIES FOR PRIATION OF ONE HUNDRED VIOLATION OF ITS PROVISIONS MILLION PESOS (Php 100,000,000.00) AND FOR OTHER PURPOSES FOR THE PURPOSE Introduced by Senator Jinggoy Ejercito Introduced by Senator Jinggoy Ejercito Estrada Estrada To the Conunittees on Trade and Commerce; To the Committees on Education, Arts and land Constitutional Amendments, Revision of Culture; and Finance Code5 and Laws Senate Bill No.