Beruflich Dokumente
Kultur Dokumente
Senate
Pasay City
Journal
SESSION NO. 77
Tuesday, May 19, 2009
FOURTEENTH CONGRESS
SECOND REGULAR SESSION
SESSION NO. 77
Tuesday, May 19,2009
At 3:07 p.m., the Senate President, Hon. Juan Upon motion of Senator Zubiri, there being no
Ponce Enrile, called the session to order. objection, the Body dispensed with the reading of the
Journals of Session No. 74 (May 12, 2009) and
SILENT PRAYER SessionNo. 75 (May 13,2009) and considered them
approved.
The Body observed a minute of silent prayer.
DEFERMENT OF APPROVAL
ROLL CALL OF THE JOURNAL
Upon direction of the Chair, the Secretary of the
Upon motion of Senator Zubiri, there being no
Senate, Atty. Emma Lirio-Reyes, called the roll, to
objection, the Body deferred the consideration and
which the following senators responded:
approval of the Journal of Session No. 76 (May 18,
Angara, E. J. Honasan, G. B. 2009).
Aquino 111, B. S. Lacson, P. M.
Cayetano, C. P. S. REFERENCE OF BUSINESS
Lapid, M. L. M.
Defensor Santiago, M. Legarda, L.
Ejercito Estrada, J. Piinentel Jr., A. Q. The Secretaly of the Senate read the following
Enrile, .I.P. Zubiri, .I.M. F. matters and the Chair made the corresponding
Gordon, R. J. referrals:
With 13 senators present, the Chair declared the BILLS ON FIRST READING
prcsence of a quorum.
Senate Bill No. 3250, entitled
Senators Arroyo, Cayetano (A), Pangilinan,
Revilla, Roxas and Villar arrived after the roll call. AN ACT TO REQUIRE INFORMATION
ON WEATHER MODlFlCATlON
Senator Madrigal was absent on account of ACTIVITIES
illness.
lntroduced by Senator Mirian Defensor
Senators Biazon and Escudero were absent. Santiago
Senator Trillanes was unable to attend the session To the Committees on Climate Change;
as he was under detention. and Science and Technology
"r"
2222 TUESDAY, MAY 19,2009
T o the Committees on Health and Demo- To the Committee on Ways and Means
graphy: Youth, Women and Family Relations;
and Finance Senate Bill No. 3256, entitled
Senate Bill No. 3252, entitled AN ACT INSTITUTING THE GIRL SCOUTS
OF THE PHILIPPINES CHARTER
AN ACT ESTABLISHING A PREGNANT
SUPPORT SERVICES OFFICE UNDER Introduced by Senator Gordon
THE DEPARTMENT OF HEALTH
To the Committees on Government
Introduced by Senator Miriam Defensor Corporations and Public Enterprises;
Santiago Constitutional Amendments, Revision of Codes
and Laws; and Ways and Means
To the Committees on Health and Demo-
graphy: and Youth, Women and Family Relations Senate Bill No. 3257, entitled
Senate Bill No. 3254, entitled Senate Bill No. 3258, entitled
RESOLUTION DIRECTING THE PROPER Proposed Senate Resolution No. 1073, entitled
SENATE COMMITTEE TO CONDUCT
AN INQUIRY, IN AID OF LEGISLA- RESOLUTION DIRECTING THE PROPER
TION, ON THE ALLEGED MISUSE SENATE COMMITTEE TO CONDUCT
OF 2007 BALIKATAN FUNDS AN INQUIRY, IN AID OF LEGIS-
LATION, ON THE PHASING OUT
Introduced by Senator Miriam Defensor OF DECORATIVE PAINTS WITH
Santiago HIGH LEAD CONTENT
2224 TUESDAY, MAY 19, 2009
Proposed Senate Resolution No. 1076, entitled Contingents from the Municipal
Agriculture and Fisheries Council,
RESOLUTION CALLING ON THE Minalabac Chapter of Camarines Sur.
PROPER SENATE COMMITTEE TO
CONDUCT AN INQUIRY, IN AID OF The Senate President welcomed the guests to
LEGISLATION, ON THE DEPART- the Senate. #-.
‘TUESDAY, MAY 19.2009 2225
Senator Pimentel agreed that it is a Member’s Upon motion of Senator Zubiri, the session was
privilege to refuse to be interpellated but he appealed suspended.
to Senator Revilla to allow him and the other Members
to ask questions on the matter. It was 3:32 p.m
He noted that the speech would be referred to a
committee where censorship of lascivious presenta- RESUMPTION OF SESSION
tions via the internet would be taken up. However,
he pointed out that censorship is quite a difficult thing At 3:35 p,m., the session was resumed.
to do and according to his research, only totalitarian
states have resorted to it. Thereupon, the Chair recognized Senator Legarda,
Sponsor of the measure, and Senator Defensor
If‘ the Senate wanted to look into the lascivious Santiago for her interpellation.
acts of Dr. Kho, Senator Pimentel stressed the need
to also look into the tradition i n certain universities INTERPELLATION
of “streaking” where naked male students run around OF SENATOR DEFENSOR SANTIAGO
the campus and its environs. He proposed that the
situation be studied further to cover all possible Preliminarily, Senator Defensor Santiago stated
degrading spectacles that need to be curtailed by the that as one of the authors of the bill, she has a
State. He suggested that the speech be referred also problem with the title “Mainstreaming Climate Change
to the committee to which his privilege speech into Government Policy Formulation and Creating
was referred. the Climate Change Commission.” She said that
TUESDAY, MAY 19,2009 2227
climate change is a uniquely global phenomenon Force on Climate Change. She said that the main
that requires a uniquely global solution, thus, it is not function of the Commission is basically policymaking
as if the Chamber is forming a uniquely Philippine and coordinating various agencies in mainstreaming
group to solve the problems of climate change, climate change into their activities, and the commissioners
which it simply has no technical expertise nor are going to meet only every three months.
equipment to do. She said that basically, what
Congress can do is to raise public awareness and Senator Defensor Santiago believed that it would
warn the people on the adverse effects of climate be equally efficient and much less expensive to just
change. She said that she was bothered by a bill retain the task force and make it adjunct to the
seeking the creation of a new office to be financed National Economic and Development Authority
at taxpayers’ expense. (NEDA) or the Office of the President, instead of
creating a totally new government entity. She likewise
On the background of the bill, Senator Defensor believed that it is no longer necessary to create new
Santiago recalled that on February 28, 2007, the positions of Commissioner and Deputy Commissioner
President, through Administrative Order No. 171, with the ranks of Undersecretary and Assistant
created a Presidential Task Force on Climate Change Secretary, respectively, because the President could
(PTFCC), a group tasked to urgently address the directly issue orders as chair of the task force.
issue of climate change. She said that the task
force was composed of top ranking officials from In reaction, Senator Legarda said that the task
the Departments of Energy, Agriculture, Science force is not a permanent entity, unlike the National
and Technology, Interior and Local Government, and Commission on Culture and the Arts and the Philippine
Education, along with representatives from the private Sports Commission; thus, the intent of the measure is
sector and civil society. to create a permanent government agency within the
Executive department to address the issue of climate
She stated that its functions include: carrying out change.
a rapid assessment on the local impacts of climate
change; ensuring strict compliance with air emission Senator Defensor Santiago asked whether
standards and combating deforestation; undertaking Senator Legarda would be amenable to an amendment
strategic approaches to prevent greenhouse gas making the task force a permanent agency instead
emissions; conducting a massive information campaign; of creating a completely new commission. She pointed
designing concrete risk reduction and miligation out that creating a new commission means additional
measures; collaborating with international partners expenses for rent, personal services and MOOE
to support a global front to stabilize greenhouse gas when the commissioners shall meet only once
emissions; and mainstreaming of climate risk every three months and the staff would do nothing
management in development policies, plans and except push paper. She said that if the purpose
prograins of government. is to mainstream to further develop the country,
then it would be logical to place the agency under
On the finiction of mainstreaming climate change the NEDA or the Office of the President. Senalor
into development policies, she pointed out that the Legarda agreed that it might be expensive to create
Philippines is not only a signatory but also a party to a new commission, but whether it is adjunct to
the UN Framework Convention on Climate Change the NEDA or the Office of the President, she said
and to the Kyoto Protocol. that there should be a permanent body that can have
the power to oversee and to coordinate with all
She noted that the bill not only seeks to government agencies and LGUs in the mainstreaming
mainstream climate change into government policy of climate change.
formulation but also to transforin the Presidential
Task Force on Climate Change into a permanent Senator Defensor Santiago offered to submit a
body at great cost to taxpayers. substitute bill so that provisions that the Committee
might find meritorious could be adopted as part of the
She further noted that the bill proposes to create committee amendments. Senator Legarda expressed
a new government unit called “Climate Change willingness to accept amendments at the proper time.
Commission” to be headed by a commissioner who She observed that the existence of various climate
shall perform the functions of the Presidential Task change entities, including the Climate Change Office
P
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2228 TUESDAY, MAY 19,2009
under the DENR, the Presidential Task Force on Senator Defensor Santiago noted a question of
Climate Change and the Office of the Presidential technicality in the proposal considering that the P48
Adviser on Global Warming and Climate Change million allocation for the Office of the Presidential
created confusion. Adviser on Global Warming and Climate Change
comes from the budget of the Office of the President
and, as such, the legislative branch cannot simply
Senator Defensor Santiago noted that the bill
transfer it to another item. Moreover, she pointed out
provides an initial appropriation of P50 million for the
that the solutions or even palliatives to environmental
proposed commission, an entity that would simply
problems, which have become the concern of the
discusss policy and would not solve the problem
international community, would have to come from
of climate change or even niake any significant
the developed states as there is little that a developing
contribution to solve the problem because the country
country like the Philippines could do about the
does not have the scientists, training, facilities,
phenomena. However, she said that the Philippines
expertise or funds to buy forward-looking equipment
could go through international fora to insist that
that this kind of endeavor requires. Rather than
developed nations act on the matter.
spending more money from government coffers or
adding another agency to the existing bloated bureau-
Senator Defensor Santiago reiterated her objec-
cracy thereby aggravating red tape in government,
tion to spending money for the creation of offices just
she suggested that the functions to be performed by
to give the public the impression that the government
the commission be carried out by the task force.
is acting on the issue when it is not. Instead of
She also proposed that during deliberations on the
creating offices that would write plans to inform the
bill, the Office of the Presidential Adviser on Global
public about climate change, she believed that the
Warming and Climate Change be asked to explain
government could buy airtime on television or create
how it is utilizing its P48 million budget.
a website to inform people about the issue. She
pointed out that the problem of climate change and
Replying to a query, Senator Legarda clarified other environmental phenomena will happen regard-
that the proposed €50 million budget for the less of whether such public warnings are made.
commission was patterned after the present budget Thus, she stressed the importance of ensuring that
of the Office of the Presidential Adviser on Global concerned agencies are doing something constructive
Warming and Climate Change. She explained that about the issue.
the bill seeks to abolish ad hoc bodies, including the
Office of the Presidential Adviser on Global Warming Senator Defensor Santiago likewise noted that
and Climate Change which receives a P48-million some of the most influential people in the world are
allocation, and establish a single body to integrate those who actually devote their entire lives to work-
climate change in every government department ing on environmental problems. She believed that
using the same budget allocated in the General instead of merely discussing environmental problems,
Appropriations Act. the government should give the public precautionary
notice on the phenomena impacting the environment
Senator Defensor Santiago asked on the source and their effects. Since climate change is already
of funding, as she recalled that the implementation present, she stressed the need for government to
of the Clean Air Act was derailed because it took ensure that the budget spent to address it would not go
time for the DBM to source the fund. Senator to the salaries of bureaucrats who simply lift inform-
Legarda explained that the funding would come from atioii from the internet or from existing literature.
the GAA as a line item, in the same manner that it
is now being utilized by the Office of the Presidential For her part, Senator Legarda clarified that the
Adviser on Global Warming and Climate Change. bill does not seek the creation of a new office but
She said that while the money would be spent not only proposes a permanent replacement for the
only for personnel but also for other policy-making Office of the Presidential Adviser on Global Warming
programs, eventually the local government units would and Climate Change and the Presidential Task Force
implement the local adaptation projects in their areas. on Climate Change that would be abolished upon
Thus, she said that the funding would replace that of entry of a new administration in 2010. She said that
the Office of the Presidential Adviser on Global that the proposed commission would be tasked to
Warming and Climate Change in the GAA. coordinate with local government units and private J
TUESDAY, MAY 19,2009 2229
entities to address the country’s vulnerability to the TRADED THROUGH THE STOCK
impact of climate change, which is so severe that a EXCHANGE, FURTHER AMENDING
inere one meter rise in the sea level could cause the FOR THE PURPOSE SECTION 199
inundation of some 28 provinces, while a one or two- OF THE NATIONAL INTERNAL
degree Celsius increase in global temperature could REVENUE CODE OF 1997, AS
lead not only to a 3% decline in global GDP but also AMENDED BY REPUBLIC ACT NO.
the extinction of up to 30%, or one-third, of the flora 9243, AND FOR OTHER PURPOSES.
and fauna species worldwide. As such, she reiterated
the urgency of establishing a permanent agency to Senator Zubiri stated that the parliamentary status
address the issue of streamlining cliinate change into was the period of interpellations.
all government agency programs and the national
agenda. She also expressed willingness to accept Thereupon, the Chair recognized Senator Lacson,
amendments from Senator Defensor Santiago at the Sponsor of the measure.
proper time.
MANIFESTATION
SUSPENSION OF SESSION OF SENATOR PIMENTEL
Upon motion of Senator Zubiri, the session was Senator Pimentel expressed his support for the
suspended. bill, adding that he would no longer continue his
interpellation as his query on the impact of the
It was 3t57 p.m. non-collection of the documentary stamp tax on
government finances had already been answered
RESUMPTION OF SESSION by Senator Lacson.
Upon motion of Senator Zubiri, there being no There being no further interpellation, upon motion
objection, the Body resumed consideration, on Second of Senator Zubiri, there being no objection, the Body
Reading, of Senate Bill No. 3203 (Committee Report closed the period of interpellations and proceeded to
No. 322), entitled the period of amendments.
Thereupon, the Chair recognized Senate President Senate President Enrile stated that he filed the
Enrile, Sponsor of the measure, and Senator Defensor bill so as not to burden the public with additional
Santiago for her interpellation. taxes needed to enforce the anti-trust law. He
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TUESDAY, MAY 19,2009 223 1
observed that in tlie U.S., at the beginning, it was the for instance, the owners and stockholders of big
Office of the Attorney General that enforced the monopolies or the President’s contributors, would be
anti-trust law but since then, several commissions the target of the anti-trust law.
with different purposes were created to enforce the
same. Therefore, he said, it is enough for the DOJ Senate President Enrile stated that it is easier to
to be given the responsibility of enforcing the country’s corrupt a collegial body because a businessman, for
anti-trust law. instance, could have one of his lawyers appointed as
a commissioner. But he expressed confidence that a
Senator Defensor Santiago stated that she has a justice secretary with the will can enforce the law as
different position on fiscal prudence because of the long as he exercises leadership.
recent implication of the DOJ prosecutors in
controversial bribery cases. She surmised that given On whether it is worthy to consider adopting the
their relatively low salaries, the prosecutors would HRS Act of 1976 model, Senate President Enrile
certainly succumb to temptations from wealthy multi- revealed that the text of the proposed measure was
national corporations. She asserted that an indepen- already culled from the Sherman Antitrust Act, the
dent collegial body with specific functions, duties and Robinson-Patman Act, the Clayton Antitrust Act as
qualifications would act more efficiently and effect- well as the amendments thereto.
ively in enforcing the provisions of the proposed Act.
She stated that there are advantages and disadvant- At this juncture, Senator Defensor Santiago
ages in designating the DOJ as the primary govem- disclosed that corporate giants are purchasing and
metit agency to enforce the anti-trust measure - the acquiring various industries: San Miguel Corporation
advantage is fiscal economy and the disadvantage is bought into Petron and Meralco; PLDT-Smart
the tendency to criticize the prosecutorial service. bought into Meralco; and First Gen bought into
power plants. To preempt any monopolistic behavior,
Senate President Eiirile acknowledged the merit she said that the U.S. Antitrust Act (HSR Act) was
of the suggestion but pointed out that a collegial body adopted to provide the US. federal government the
cannot guarantee rectitude in the enforcement of opportunity to review the potential effects on
laws. For instance, he noted, the Securities and competition of certain mergers, acquisitions or
Exchange Commission became inutile in protecting other consolidations that meet the size and tests
the people against the pre-need corporations. Instead of the Act.
of creating an additional layer of bureaucracy to
handle the Unfair Competition Law, he suggested Senate President Enrile explained that in the
that the DOJ be rid of unwanted personnel and original bill that he filed, he covered mergers,
strengthen the skills and capability of new recruits to consolidations and corporate acquisitions. But
the Department. He believed that there are still well- considering the present industrial structure, he said
motivated Filipinos who can perform the task. that he wanted to make the bill as simple as possible
as a starting point. However, he gave assurance that
Asked whether the DOJ and the Department of the matters could be included in the bill if necessary.
Trade and Industry ever prosecuted any person for As regards big companies like San Miguel Corporation
violation of the Revised Penal Code provision on acquiring interests in Meralco, he stated that he sees
unfair competition, Senate President Enrile answered no problem about it because Meralco is a monopoly
in the negative, as he noted that the provisions of and the only competition that exists would be in the
the Code are so broad and the elements of the crime area of supply or generation of electricity which is
so difficult to define. He presumed that the measure covered by the measure.
would narrow down the anti-trust concept to make it
easier to understand and enforce. On the proposal to include in the bill tests to
determine whether premerger notification satisfied
Senator Defensor Santiago observed that the certain requirements so SEC can study the same
presence of corrupt officials in the SEC or the DOJ prior to its approval, Senate President Enrile replied
does not necessarily make the collegial body or the that such tests are covered in the bill, specifically in
prosecutorial service corrupt. She pointed out that the definition of “control” which refers to “at least
the essence of the problem is that some of the most twenty percent (20%) ownership, directly or indirectly,
powerful, influential and wealthy people of the country, of a firm or a group of firm by another firm.” @
2232 ‘TUESDAY, MAY 19, 2009
Senator Defensor Santiago suggested that at the Asked on the meaning of “bonafide selection of
proper time, a separate provision be introduced on customers” in Section 7.F.(4), Senate President Enrile
what tests should be passed by those applying for clarified that “bonufide” means good intent, meaning
mergers. there is no intent to do any predatory act or activity
in order to gain an advantage by expanding the
Senate President Enrile reasoned that the tests market or inordinately increasing the price. He stated
i n American statutes were adopted because of that if an entity is limiting customers to certain sizes
the complexity of the U S .corporate world, unlike in or if the circumstances show a possible act of
the Philippines, where corporation A simply acquires discrimination, it would be punishable under the bill.
corporation B, and it boils down to the question
whether it would mean control of the market. He Asked if having a price schedule that is not
assured Senator Defensor Santiago that he would be uniform to all clientele but is based on the perceived
open to proposals at the proper time. value of the customer is prohibited under the proposed
Act, Senate President Enrile replied that there are
Asked why Sectioii 4 (c) provides for 20% many possible combinations of business practices
ownership when it is SO% in the U.S. Antitrust Act, that cannot be spelled out in the bill, for instance,
Senate President Enrile explained that if 20% is an entity dropping the price to injure a competitor
combined with another 20%, pricing is already who cannot follow suit because it stands to lose its
affected. customers but, if it does, it would still lose due to the
cost of production given the size of the competitor;
Finally, Senator Defensor Santiago proposed that or an entity quietly giving certain advantages
the definition of the term “control group” be added to customers so as to gain a bigger share of the
to Section 4. She said that under the HSR Act, market.
“control group” means “the ultimate control person
and all entities controlled by it. The ultimate control On whether distribution schemes would be based
person is the person or entity within a control group on exclusive territories, Senate President Enrile stated
who is not controlled by any other person or entity.” that it is prohibited under the measure, saying that it
Senate President Enrile welcomed the proposal, prevents or actually lessens competition.
adding that it would help refine the law.
Citing American practice, Senator Aquino stated
Senator Defensor Santiago stated that she would that there are given territorial areas where other
introduce other amendments at the proper time. vendors are proscribed from selling in a market
that have certain distributors. In response thereto,
INTERPELLATION OF SENATOR AQUINO Senate President Enrile stated that Philip Morris
and Fortune Tobacco, for instance, can appoint their
Senator Aquino observed that Section 7 (B), own distributors per region and while there may
provides for circumstances but not the schemes on be no cabal between the two, there is at least a
bid rigging which should be penalized as being anti- semblance of competition. However, he said that
competitive. I n response, Senate President Enrile if there is only one major player that appoints and
stated that the schemes are the attempts of an divides the market among its agents, it is an anti-trust
individual or a group to monopolize the market so problem because there would be an unintended
that it would be easier to act in concordance with the monopoly. Further, he said that if two players divided
others; or to cartelize the market or divide it either territories between them in order not to compete
by allocating capacities or volumes or by cutting the against each other, they would come under the ambit
market geographically. He maintained that these of the law.
matters are already covered in other parts of the bill.
Senator Aquino opined that a better example
On the suggestion to include the schemes in bid would be the distribution of the medicine Novvusc
rigging, Senate President Enrile stressed that bid that is sold in the Philippines at P4S while it sells at
rigging is already covered in the bill as a penalized PS in India. He surmised that the drug firm has a
act. He said that the danger in itemizing the elements monopoly on the medicine in the Philippines and can
to be penalized is the burden on the prosecutors to sell it at any price; moreover, it has prevented
establish the elements. Norvasc manufactured in India from coming in. /yp
‘u6
IUESDAY. MAY 19,2009 2233
that the provision has never been questioned in the by a company that has committed the punishable
U.S. Supreme Court. Moreover, he pointed out that act-to exact damages against that company for the
self-incrimination can only be raised by an indivi- benefit of the public.
dual person.
Senate President Enrile said that at the proper
With respect to Section 13, asked whether giving time, he would consider and accept amendments to
persons immunity froin reprisal would open up the clarify the section prioritizing payments to citizens
floodgate to potential whistleblowers whose main injured by violations of the proposed Act.
aim is just to damage the image of a company or
entity under inquiry, Senate President Enrile said In closing, Senator Aqnino requested to be
that it is incumbent upon the Department of Trade furnished with copies of the projected initial expenses
to sift through the evidence in the same way that for the bill. He explained that he wanted to find out
the Senate looks at the evidence to determine where the funding for the initial implementation
whether indeed there is a case involved. If there would be sourced in preparation for the 2010 budget
is sufficient evidence that warrants the filing of deliberations. Senate President Enrile gave the
a case, he said that the person or whistleblower assurance that the budget estimate would be provided
who provided the information to the DOJ should the next day.
not to be harassed with lawsuits from third parties
that are affected. SUSPENSION OF SESSION
Senator Aquino said that no one should be given With the permission of the Body, the Chair
the opportunity to make false accusations and get suspended the session.
away scot-free after damaging the entities. Senate
President Enrile said that at the proper time, he It was 5:OS p.m.
would welcome an amendment to ensure that the bill
would not be abused for pecuniary interest. RESUMPTION OF SESSION
In relation to Section 16, asked how the parens At 5:09 p.m., the session was resumed.
patriae doctrine would work under the current
system of justice, Senate President Enrile explained MANIFESTATION
that the purpose of the provision is to help the OF SENATOR ZUBIRI
consumers of products of a given firm who cannot
hire a good lawyer to assert their rights. Thus, Senator Zubiri manifested that Senator Angara
he said that in the proposed Act, the DOJ would made reservation to interpellate Senate President
act as the lawyer for the injured persons and bring Enrile in the next day’s session.
a case in the name of the Republic of the Philippines
in its capacity as parens patriae. He added that the SUSPENSION OF CONSIDERATION
financial burden on the party brought to court under OF SENATE BILL NO. 3197
Section 16 would be treble the damages done to the
injured persons. Upon motion of Senator Zubiri, there being no
objection, the Body suspended consideration of
Senate President Enrile drew attention to the bill.
Section 18 which allows the distribution of mone-
tary relief recovered i n a civil action. He said that SUSPENSION OF SESSION
it was introduced i i i the legal system in 1935 and
has remained i n the statutes but could not be Upon motion of Senator Zubiri, the session was
implemented and enforced to protect the public suspended.
because the people involved just did not have the
capability or the financial muscle to assert their It was 5:09 p.m.
damaged rights. He explained that it would be the
responsibility of the DOJ to institute a civil suit in RESUMPTION OF SESSION
its capacity as parens patriae of the people-
apart from the criminal liability that may be incurred At 5:10 p.m., the session was resumed.
Ab
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TUESDAY, M A Y 19,2009 2235
RESUMPTION OF SESSION just a like a member, could avail of the services and
benefits such as garbage collection and security
At 5:lO p m , the session was resumed. services. To balance this, he said that Section 5
provides that non-members have the right to enjoy
COMMITTEE REPORT NO. 253 basic services and facilities provided by the association
ON SENATE BILL NO. 3106 subject to the payment of fees and charges.
(Conlinuation)
As regards Section 7 (2) which provides that a
Upon motion of Senator Zubiri, there being no
non-member shall have the right to enjoy all other
objection, the Body resumed consideration, on Second
rights as provided for in the by-laws of the association,
Reading, of Senate Bill No. 3106 (Committee Report
Senator Zubiri admitted that said provision was also
No. 253), entitled
being questioned by homeowners’ associations, thus,
AN ACT PROVIDING FOR A MAGNA at the proper time, the Committee would propose its
CARTA FOR HOMEOWNERS, AND deletion.
FOR OTHER PURPOSES.
To the assertion that giving non-members the
Senator Zubiri stated that the parliamentary status option to pay or not to pay fees for certain services
was still the period of interpellations. would make the life of the homeowners’ associa-
tion more difficult especially under tight economic
SUSPENSION OF SESSION conditions, Senator Zubiri stated that under the
measure, non-members can avail of basic community
Upon motion of Senator Zubiri, the session was services and other facilities provided by the associa-
suspended. tion such as security, street and vicinity lights,
maintenance, repairs and cleaning of streets, garbage
It was 5:lO p.m. collection and disposal subject to the payment of
reasonable fees and charges. He explained that the
RESUMPTION OF SESSION provision was included in response to the complaints
of homeowners in government housing projects who
At 5:11 pin., the session was resumed, were forced to join respective associations and fulfill
obligations against their wishes.
Upon resumption, the Chair recognized Senator
Zubiri, Sponsor of the measure, and Senator Aquino
On whether a non-member elderly couple would
for his interpellation.
have the option to pay or not to pay fees for the
INTERPELLATION OF SENATOR AQUINO upkeep of parking facilities that they do not use,
Senator Zubiri replied that the couple, like the
Senator Aquino asked whether a homeowner in members, would be required to pay the necessary
a gated community who has the option not to be a fees and charges. He gave assurance that the
member of the association could be selective in Committee would propose an amendment that non-
fulfilling his/her obligations to the community. In members shall be required to pay the same amount
reply, Senator Zubiri said that at the proper time, the of fees and charges that a regular member pays for
Committee would strengthen the provisions on the the upkeep of all common areas such parks, sports
right of members and non-members. He said that facilities, swimming pools.
the bill allows homeowners to join or not to join the
association unless the title of the property has an Asked if there are fees and charges that non-
annotation that says that the owner is an automatic members are exempted froin paying, Senator Zubiri
member of the hoiiieowiiers association. However, replied in the negative, adding that they simply cannot
he said that in Village vs. Dionisio, the Supreme participate in the association’s deliberations. He gave
Court ruled that unless there is an annotation to the assurance that at the proper time, the provision
contrary, a buyer can opt not to be a member of the would be clarified.
association.
Senator Aquino observed that the only right that
Senator Zubiri said that he understood the concern is being given to all homeowners is the option not to
of the homeowners’ association that a tion-member, join the association which could result in their non
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2236 TUESDAY, M A Y 19, 2009
that Section 7 speaks of the rights of a non-member properly enforced. He also asked how the bill would
homeowners and Section 9, the rights of a member affect privately owned subdivisions like San Lorenro,
homeowners. Forbes Park and DasmariAas Village, which did not
likely avail of any concession from the government
Senator Zubiri disclosed that one of the to start their subdivisions and attract homeowners to
reasons why the bill did not get the Senate’s approval settle in their communities.
was that many homeowners had complained of
the tyrannical rule of homeowners’ associations. Senator Zubiri believed that government can
To address this concern, he said that the Committee become involved in the policy of private subdivisions
wanted to craft legislation that would include to temper the excesses and possible abuses of both
the rights of homeowners without abolishing or the homeowners’ associations and individual home-
diminishing the rights of the homeowners’ associa- owners. He disclosed that officers of subdivision
tions. He believed that without the Magna Carta, associations are fighting each other because their
it would be difficult to deal with the estimated by-laws, rules and regulations are amended to suit
100 cases pending in the HLURB as well as those the incumbent set of officers. He expressed concern
lodged in the courts. that in the absence of a clear-cut Magna Carta, there
could be danger if cases, such as those involving
Asked how a non-member or member not in association officers, remain pending in courts.
good standing would be prevented from utilizing
coinmon security services such as access to entrance Senator Pimentel clarified that he is not a
and exit gates and the roving patrols, Senator Zubiri resident of any subdivision that might be regulated
said that he/she must pay the fees as provided for in by the bill and he is not opposed to the measure,
the Magna Carta. In case of failure to pay the fees, but he has been approached by some homeowners’
Senator Zubiri stated that the association’s by-laws associations for assistance. He said that he wanted
has a penal provision for non-payment of fees, and to move the legislation forward and introduce
a collection case may be filed in the regular courts modifications.
under the Civil Code.
Senator Pimeutel believed that transferring
the resolution of cases involving homeowners and
INQUIRY OF SENATOR PIMENTEL homeowners’ associations from the courts to the
HLURB would not necessarily be a better move,
Senator Pimentel asked when the discussion on as the courts are better venues for settlement.
the CARP would resume since representatives of The HLURB, he said, is not better qualified than
several landless farming communities were in the a judge to decide controversies of such nature.
Senate premises awaiting action on the measure. He pointed out that there is no provision in the
Senator Zubiri said that Senator Honasan had Revised Penal Code or in the Civil Code which
requested for more time to consolidate all the proposed prohibits such cases from being brought to the
committee and individual amendments. proper courts. For his part, Senator Zubiri believed
that although the courts are competent to handle
Senator Pimentel expressed hope that the Body such cases, they may have difficulty i n coming out
could give top priority to the measure considering with a decision on particular issues, for instance,
that there are only a few session days left. the election of officers, due to lack of legislation.
He clarified that the Magna Carta for Homeowners
INTERPELLATION is also a pro-poor measure that would also give
OF SENATOR PIMENTEL homeowners the right to defend themselves while
giving the homeowners’ association the opportunity
Senator Piinentel asked why government to exert its rights over erring homeowners. He
intervention is needed in the affairs of a private requested Senator Pimentel’s assistance in crafting a
subdivision that is not availing of any government legislation that would be equitable to both parties.
subsidy or funds. He believed that such an interven-
tion would probably apply to government-funded Assuring Senator Zubiri of his support, Senator
subdivisions but not to a private subdivision or a Pimentel said that he would be presenting his
gated community except to ensure that the laws are amendments at the proper time. PF
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‘TUESDAY, MAY 19,2009 2231
SUSPENSION OF CONSIDERATION and House Bill No. 4273, after having met and
OF SENATE BILL NO. 3106 fully discussed the subject matter in a
conference, thereby report to their respective
Houses the following that:
Upon motion of Senator Zubiri, there being
no objection, the Body suspended consideration 1. The conferees agreed to use the Senate
o f the bill. version as the working draft;
2. On Section 2 , the I “ paragraph of both
SUSPENSION OF SESSION
versions were integrated, subject to style.
Still on the same paragraph, the letter “s” in
Upon motion o f Senator Zubiri, the session was the word “outcomes” was deleted, replace
suspended. the punctuation mark ‘0)) between women
and pursue with the word “and.”
It was 5:43 p.ni
Still on Section 2, paragraphs 2 and 3 of
the Senate version were adopted.
RESUMPTION OF SESSION
Still on Section 2, paragraph 4 of the
A t 5:46 p.m., the session was resumed. Senate version was adopted with the deletion
of the 2*dsentence from the word “No” to
MANIFESTATION OF SENATOR ZUBIRl “beliefs.”
Still on Section 2, paragraph 4 of the
Senator Zubiri said that he had been requested House version was adopted as paragraph 5
by Senator Madrigal to submit the report of the of the reconciled version, and the insertion
reconstituted Bicameral Conference Committee on of the phrase “families and” in between the
the disagreeing provisions on Senate Bill No. 2396 word “their” and “communities.”
and House Bill No. 4273 (Magna Carta o f Women) Still on Section 2, paragraph 5 of the
for the Body’s approval. House version was adopted as paragraph 6
of the reconciled version, changing the word
CONFERENCE COMMITTEE REPORT “recognizes” to “reaffirms”, and replace the
ON SENATE BILL NO. 2396 AND word “and” with the punctuation mark “,”
HOUSE BILL NO. 4273 after the word “progfm” and insert the phrase
“and services” after the word “projects.”
Upon motion of Senator Zubiri, there being no 3. Section 3 of the Senate version was adopted.
objection, the Body considered the Conference However, the last sentence of the 2”‘
Coininittee Report on the disagreeing provisions of paragraph from the word “Consequently” to
Senate Bill No. 2396, and House Bill No. 4273, both “order” was deleted. Also, on the last
entitled paragraph the phrase “in accordance with
the Philippine Constitution” was inserted after
AN ACT PROVIDING FOR THE MAGNA the word “instruments.”
CARTA O F WOMEN. 4. Section 4 of the Senate version was adopted
with an omnibus amendment of changing the
INSERTION OF THE JOINT EXPLANATION punctuation mark “-” to the words “refers
OF THE CONFERENCE COMMITTEE to” and place open and close quotation
INTO THE RECORD OF THE SENATE marks on all terms to be defined.
Still on Sec. 4, on sub-paragraph (a)
Upon motion of Senator Zubiri, there being no insert the punctuation mark “,” and the word
ob,jection, the Body approved the iiiseition of the joint “services” after the word “opportunities.”
explanatory note of the conference coininittee into
Still on Sec. 4, sub-paragraphs (b) to (d)
the Journal and Record of the Senate.
(2) of the Senate version were adopted.
The full text o f the joint explanatory note follows: Still on Sec. 4, on sub-paragraph (d){2)
the letter “s” on the word “fisherfolks” was
T h e Conference Coininittee on the deleted, insert the punctuation mark “,” and
disagreeing provisions of Senate Bill No. 2396 the word “coastal” after the word “waters”.
R“
2238 TUESDAY, MAY 19, 2009
Still on Sec. 4, sub-paragraph (d){3} of the word “military” and the letter “s” in the
the House version was adopted. word “state,” adopting the same as sub-
paragraph (I) of the reconciled version.
Still on Sec. 4, sub-paragraph (d) {3} of
the House version was adopted, capitalizing Still on Sec. 4, subparagraph (I) of the
the letter “p” in the word “poor,” change the Senate version, capitalize the letter “p” in the
word “tenure” with “abode,” insert “s” to word “protection,” adopting the same as
“family,” add the letter “s” to the word sub-paragraph (m) of the reconciled version.
“essential,” delete the phrase “the minimum”
and the word “amenities.” 5. Chapter 111, Sections 5 to 7 of the Senate
version were adopted and of the same number
Still on Sec. 4, sub-paragraph (d){4} of in the reconciled version.
the Senate version was adopted.
6. Chapter IV, Sections 8 to 1 I of the Senate
Still on Sec. 4, sub-paragraph (d){5) of version were adopted and of the same number
the House version was adopted, capitalizing in the reconciled version.
the letter “1” on the word “informal” and the
letter “e” on the word “economy,” insert the I. On Sec. 9 subparagraph (b), the phrase
word ”paid” after the word “subcontracted,” “particularly International Humanitarian
and insert the phrase “incorporated and” Laws” was deleted.
after the word “household.” Still on Sec. 9, subparagraph (d), the
Still on Sec. 4, sub-paragraph (d){6} of phrase “are encouraged to” was deleted and
the House version was adopted, capitalizing replaced with the word “shall.”
the letter ‘w” in the word “workers.” 8. On Sec. 11 sub-paragraphs (a) and (b) of the
Still on Sec. 4, sub-paragraph (d){7} of House version were adopted. On sub-
the Senate version was adopted with the paragraph (a), the word “incrementally” was
inclusion of the phrase “as defined under inserted after the pronoun “be.” Also, sub-
Section 3 (h), Chapter I1 of Republic Act No. paragraphs (c), (d), and (e) of the Senate
8371, otherwise known as The Indigenous version were adopted. On subparagraph (e),
Peoples’ Rights Act of 1997 ( I P M of 1997).” the phrase “leadership hierarchy” and
punctuation mark “,” were inserted between
Still on Sec. 4, sub-paragraphs (d) (8) to the words “their” and “internal.”
{ I O } of the Senate version were adopted.
Still on Sec. I I , subparagraph (0ofthe
Still on Sec. 4, sub-paragraph (d) { I I ) of Mouse version was adopted.
the House version was adopted, capitalize
9. Sections 12 and 13 of the Senate version
the letter “d” in the word “disabilities.”
were adopted and of the same number in the
Still on Sec. 4, sub-paragraph (d) (12) reconciled version.
and (e) of the Senate version were adopted. IO On Sec. 13, sub-paragraphs (c), delete the
Still on Sec. 4, subparagraph (0of both punctuation mark “,” after the words
versions were deleted. “expulsion” and “nou-readmission” and insert
the word “and;” and delete the phrase
Still on Sec. 4, sub-paragraphs (0 and “prohibiting enrollment, and other related
(g) of the House version were adopted as discrimination,” delete also the phrase
new sub-paragraphs (0 and (g) of the “students and” and replace the word “out”
reconciled version. with “outside.” Thus, it shall read as “Expul-
sion and non-readmission of women faculty
Still on Sec. 4, sub-paragraphs (g), (h),
due to pregnancy outside of marriage shall
and (i) of the Senate version were adopted be outlawed.” After the paragraph, insert the
as sub-paragraphs (h), (i), and (i) of the
sentence “No school shall turn out or refuse
reconciled version.
admission to a female student solely on the
Still on Sec. 4, sub-paragraph 0)of the account of her having contracted pregnancy
Senate version, capitalize the letter “w” in outside of marriage during her term in school.”
the word ‘‘woinen,” adopting the same as I 1 Section 14 ofthe Senate version was adopted.
sub-paragraph (k) of the reconciled version.
12 Section I5 of the Senate version was adopted,
Still on Sec. 4, subparagraph (k) of the with the insertion of the punctuation mark
Senate version, capitalize the letter “m” in “,” after the word “military” and the insertion#
Y
TIJESDAY, MAY 19,2009 2239
of the phrase “police, and other similar Still on Sec. 17, No. 8 and 9 of the
services.” Also, the same phrase was inserted Senate version was adopted as No. 9 and 10
as omnibus amendment to the succeeding of the reconciled version.
two paragraphs. Also, the phrase “provide
women-friendly equipment and establish Still on Sec. 17, the paragraph after
women-friendly facilities such as barracks,
No. 12 of the House version was adopted as
No. I I of the reconciled version, with the
air and naval crafts, and other related inilitary
deletion of the punctuation inark “/” and
facilities that would enable them to render
replaced with the word “and.”
service and perform their duties in keeping
with their personal dignity” was deleted and Still on Sec. 17, sub-paragraph (h) of the
was replaced with the phrase “ensure that Senate version was adopted. On sub-
the personal dignity of women shall always paragraph (b) {13}, with the insertion of the
be respected.” words “ethical, legal,” before the word “safe”
13. On Sec. 16, the Is’paragraph of the Senate
. as well as insertion of the phrase “including
fertility awareness” afier the word “methods.”
version was adopted.
Still on Sec. 16, 2”dparagraph of the 15. Section 18 of the Senate version was adopted,
House version was adopted, with the though the phrase “that are not self-inflicted”
punctuation mark “,” inserted between the was deleted.
words “space” and “airtime.” 16. Section 15 of the House version was adopted
Still on Sec. 16. 3rd paragraph of the as Sec. 19 of the reconciled version, though
Senate version was adopted. the phrase “or common law relationships
referred to under the Family Code” was
14. Section 17 sub-paragraph (a) of the Senate inserted after the word “marriages” on the 1
version was adopted, though the title was paragraph. Also, the phrase “and subject to
rephrased as “Women’s Right to Health.” existing laws.” was deleted.
Still on Sec. 17, sub-paragraph (a) {I} Still on the same section, on sub-para-
and {2} of the House version were adopted graphs (d) and (e), the phrase “or common
as { I } and ( 2 ) ofthereconciled version. No. law spouses” was inserted after the word
{2} of the Senate version was adopted as “spouses.”
No. 3 of the reconciled version, though was
amended to read as “Responsible, ethical, Still on the same section, the last
legal, safe, and effective methods of family paragraph of Sec. 19 of the Senate version
planning.” was adopted as last paragraph of the said
section of the reconciled version.
Still on Sec. 17, No. 3 of the Senate
version was adopted as No. 4 with the 17. Chapter IV, 1” paragraph of the House version
insertion of the phrase “and State” after the was adopted as the same of the reconciled
word “Family” and the phrase “without version.
pre.judice to the primary right and duty of
parents to educate their children” after the 18. Section 20 ofthe Senate version was adopted.
word “services.”
19. Section 17 of the House version was adopted
Slill on Sec. 17, No. 4 of the Senate as Section 21 of the reconciled version.
versioii was adopted as No. 5 of the
reconciled version. 20. Section 22 of the Senate version was adopted.
On sub-paragraph (B) { 2 } , the phrase “of
Still on Sec. 17, No. 7 of the House one hundred twenty (120) days for pregnant
version was adopted as No. 6 of the employees in the public and private sector”
reconciled version. was deleted and replaced with the phrase
Still on Sec. 17, No. 6 of the Senate “pursuant to the Labor Code and other
versioii was adopted as No. 7 , with the word pertinent laws.”
“abortion” before the word “complications” 21. Sections 23, 24, 25, 26, 27, and 28 of the
deleted and replaced with the word Senate version were adopted.
“pregnancy-related.”
22. Sub-paragraphs (A,) (B), and (D) of Section
Still on Sec. 17, No. 9 of the House 29 of the Senate version were adopted as
version was adopted as No. 8 of the Section 29 of the reconciled version. Sub-
reconciled version paragraphs (C) and (E) of Sec. 25 of the
N
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2240 TUESDAY, MAY 19,2009
House version were adopted as sub- 28. Section 30 ofthe House version was adopted
paragraphs (C) and (E) of Sec. 29 of the as Section 37 of the reconciled version.
reconciled version.
29. Section 38 ofthe Senate version was adopted
23 Section 30 of the Senate version was adopted as Section 38 of the reconciled version. The
with the insertion of the words “and phrase “may call upon” after the acronym
survivors” after “victims” and the word “and” PCW and the phrase “the overall” was
between the words “rape” and “incest.” The replaced with the phrase “may direct.”
hyphen (-) in the compound word “rape-
incest” was deleted. Also, the word 30. Section 39 of the Senate version, including
“involuntary” before the word “prostitution” sub-paragraphs (A), (B), and (C) were adopted
was deleted. as Section 39 ofthe reconciled version. Also,
insert the phrase “acting as Gender and
24. Section 3 I ofthe Senate version was adopted. Development Ombud” before the word
“consistent.”
25. Section 32, subsections (A), (C), (D) and (E)
were adopted. Subsection (B) of the Senate On sub-paragraph (A), replace the word
version was adopted though the phrase “coordinate” with the word ‘Monitor.”
“caused by pernicious media and other
influences that endanger their integral On sub-paragraph (B), insert the word
development” was deleted. “human” between the words “women’s’’ and
“rights.”
26. Section 33, 34, 35, and the 1” two sub-
paragraphs of Section 36 of the Senate version Still on the new section, sub-paragraph
were adopted. (F) of Section 3 1 of the House version was
adopted as sub-paragraph (D) of Section 38
27. The 1“ paragraph of sub-paragraph (A) of of the reconciled version, capitalizing the
Section 32 of the House version was adopted letter “a” in the word “assist.”
as 1” paragraph of sub-paragraph (A) of
Section 36 of the reconciled version. Still on the new section, sub-paragraph
(D) of Section 3 1 of the house version was
As an omnibus amendment, all adopted as sub-paragraph (E) of the
punctuation marks ‘‘-” were deleted. reconciled version, capitalizing the letter “r”
in the word “recommend.”
Still on Sec. 36, the 2”d paragraph of
sub-paragraph (A) of the Senate version was 31. Section 40 ofthe Senate version was adopted,
adopted as the 2”dparagraph of sub-paragraph capitalizing the letter “c” in the word
(A) of the reconciled version. “congress,” delete the phrase “the
legislature” after the word “agencies.”
Still on Sec. 36, the 3‘dparagraph of sub-
paragraph (A) of the Senate version was 32. The 1” and 2”6 paragraphs of Section 41 of
adopted as the 3‘d paragraph of the reconciled the Senate version were adopted as the I ”
version, with the insertion of the word and 2”d paragraphs of Section 41 of the
“annual” before the word “audit,” delete the reconciled version. The 20d paragraph of
word “economy” after the word “determining” Section 34 of the House version was adopted
and replace it with the phrase “its judicious as 3d paragraph of Section 41 ofthe reconciled
use and the.” Delete the phrase “and in con- version, deleting the word “the” before the
tributing to the attainment of the objectives” word “filing” and the word “of’ after the
after the word “issues” and replace it with the word “filing,” and delete the phrase “or the
phrase “women empowerment, gender equality State” after the word “party”
and” between the words “on” and “GAD.”
33. Section 33 of the House version was adopted
Still on Sec. 36, the 4”’paragraph ofsub- as Section 42 of the reconciled version.
paragraph (A) up to sub-paragraph (C) ofthe
Senate version were adopted. 34. Section 42 of the House version was adopted
as Section 43 of the reconciled version.
On sub-paragraph (B) of the Senate
version as adopted, delete the punctuation 35. Section 35 ofthe House version was adopted
mark ”/” between “and” and “or.” as Section 44 of the reconciled version.
On sub-paragraph (C), replace the word 36. Section 44 of the House version was adopted
“formation” with the word “formulation.” as Section 45 of the reconciled version.
ly
TUESDAY, MAY 19, 2009 2241
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2242 TUESDAY, MAY 19,2000
Republic Act No. 9552, entitled Republic Act No. 9557, entitled
Republic Act No. 9556, entitled Republic Act No. 9561, entitled
P
2244 TUESDAY, MAY 19, 2009
Republic Act No. 9583, entitled Republic Act No. 9588, entitled