NEWSLETTER

Volume 10 - Issue 1 - Jan 2011

BAYAN
MUNA Official Newsletter of BAYAN MUNA (people first)

Bayan Muna lambasts 2011 budget

The following is an abridged version of Rep. Teddy Casiño’s Turno en Contra speech (Oct. 16, 2010) against the then proposed 2011 budget.
Gov’t abdicating its responsibility
The 2011 budget is actually a small and
shrinking budget relative to the needs
of our people for development and
improved government services. At only
18.2% of the GDP, a decrease since 2010,
it is one of the smallest national budgets
in the region.
This budget continues the tragic legacy of
automatically appropriating a quarter to
as much as a half of the national budget
to debt servicing alone, at the expense
of social services and development. The
biggest increase in the 2011 budget is in
debt servicing at P80.9 billion. This is by
far the largest absolute increase in the
country’s history, consuming almost 80%
of the total budgetary increase of P104.4
billion.
Net of this item, the budget actually
shrinks in real terms by two percent.
In contrast, there are large cuts in
the budgets for vital sectors such
as agriculture and agrarian reform,
which is cut by P23.1 billion or
26.0%; communication, roads and
transportation, reduced by
P7.9 billion or 5.2%; water
resources development
and flood control, off by
P4 billion or 21.4%; and
power and energy, cut
by P3.4 billion or 65.5%.
The cuts pave the way
for further privatization
of critical public
infrastructure. A token land
reform budget and absence
of funding for subsidies for Jes Aznar, Pinoy Weekly
farmers reveal government’s continued other facilities. All state colleges and
abandonment of agriculture and genuine universities will get nothing in capital
agrarian reform. outlay and almost all will suffer cuts in
maintenance and operating expenses.
Social services are non-priorities. The
already insufficient health budget is A rehashed, flawed anti-poverty
reduced even further by 3.5% from P40 program
billion to P38.6 billion. There is a P1.3
billion cut in the budgets of our public Perhaps the most objectionable feature of
and specialty hospitals. the proposed budget is its adoption and
expansion as centerpiece anti-poverty
The education budget has been slashed program of the previous administration’s
to P172 billion from P174 billion this flawed and short-sighted conditional
year; it is least P100 billion short cash transfer (CCT).
of what is required to address the
shortages in 
teachers, classrooms and Continued on p.4

INSIDE...
Editorial: GLORIAQUINO 2
Blind-friendly Bill Design 3
Morong 43 3
Hacienda Luisita 5
Bayan Muna Photo essay 6-7
The Changing Landscape 8-9
Summary Legislative Measures 10-11
Bill against LGBT discrimination 12
Datu Puti, Suka Pinakurat war 12 Women health workers, members of the so-called Morong 43,
Coal Plant Moratorium 12 after being released from Camp Bagong Diwa. Story on page 3.
 PAGE 2
EDITORIAL
GLORIAQUINO!
The first five months of the Aquino
administration leave a lot to be desired with
hardly any concrete benefit for the Filipino
people. Mr. Aquino’s campaign promise to
take the “daang matuwid” (straight road)
and “pagbabago” (change) has not only
remained unfulfilled, he is in fact doing
the opposite. It is still business as usual for
traditional politicians and big foreign and
local capitalists and landlord patrons.
President Benigno Simeon Aquino III
projected himself as the anti-thesis of
Gloria Macapagal-Arroyo. But instead
of immediately prosecuting her, the new
administration is treating Arroyo like a
sacred cow. Up to now no case has been
filed against her. Except for some superficial
reforms, almost all of Arroyo’s wrong policies
and programs are being continued, some are
made worse.
Unravelling before our eyes is the regime of
GloriAquino.
Despite the legitimate objections raised by
Bayan Muna and our allies, Aquino and
the Liberal Party-led majority in House
of Representatives hastily approved a
disappointing national budget. All the bad
features of anti-people and graft-
prone budget are sustained and
magnified in the 2011 budget. It
is aptly denounced as an LP-3D
budget – a budget that prioritizes
and enlarges lumpsum, pork barrel,
debt service, dole-outs and death-
squad allocations at the expense
of essential social services and
job creation.
Like Arroyo, Aquino tolerated high
officials who were linked to jueteng
operations and corruption and the
many who committed blunders.
Human rights violations and
extrajudicial killings continue under
the Aquino administration. Under Arroyo’s
nine-year misrule, there were 1,206 victims
of extrajudicial killings; under Aquino there
Bayan Muna Newsletter | December 2010
have been already 20. At this rate there is an
EJK victim every week.
Aquino promptly issued an amnesty Boy Bagwis, Pinoy Weekly
proclamation for some 400 rebel soldiers but
hemmed and hawed before taking decisive government would guarantee and
action to release the Morong 43. compensate the profits of foreign investors
on big infrastructure projects if Congress or
Mr. Aquino has taken a hands-off stance the Court refused high toll and users fees.
as his maternal relatives, the Cojuangcos, The PPP’s are the reason why power rates
evaded and torpedoed the DAR decision and water rates are up and why toll fees have
nullifying the stock distribution option increased and why even the MRT fares are
scheme and ordering the Hacienda Luisita set to rise next month. Aquino also vowed to
land distributed among the farm workers. push further the imperialist-dictated Arroyo
open skies policy.
Rather than ensure job security, he has
tended to side with the Philippine Airlines More than ever the class bias of Pres. Aquino
(PAL) management in retrenching 2,600 is evident - a bias against the peasants,
workers. He refuses to heed the demand of workers, the poor and oppressed. A class
the people for meaningful wage hikes and a bias that shows us where the “straight” road
stop to massive contractualization of labor. Aquino is leading the country -- to the altar
of greed of foreign monopolists, favored
At the APEC Summit this November Mr. big comprador and landlords, corrupt
Aquino parroted the US line of continuing bureaucrats, militarists, social democrats
globalization which would mean opening and his classmates.
further our economy to the rapacity of foreign
banks and corporations. He made public- The only significant difference between
private partnership (PPP) his main economic Arroyo and Aquino is that the latter is hobbled
program. Last November 18, he by a deeply divided cabinet.
declared Its officials are perceived
that his to be lightweight and
inept, as evident in the
handling of the Luneta
hostage crisis.
It is no wonder that the Filipino
people are beginning to
be disillusioned with his
promises; they are beginning
to realize that he is no
different from Arroyo.
We remind the new
government that
without addressing the
fundamental issues
no real change can
happen. No amount
of yellow ribbons and
empty slogans can do
that. BM
 Bayan Muna Newsletter | December 2010
Blind-Friendly Design Commended:
Passage of Blind-Friendly
Design Law Urged
Bayan Muna Representative Neri Javier
Colmenares commended the Bangko Sentral ng
Pilipinas for integrating the recommendations
contained in House Bill 3209 that Philippine
currency design should have “raised dots” to make
coins and bills ‘blind-friendly’.
“When I called the Central Bank last July their
Numismatics Committee tasked with designing
the new bills informed me that it was too late to
integrate the proposals in HB 3209 as the printing
process has started,” Rep. Colmenares said.
“Although they were happy with the proposal
they informed me that only the old Two-Hundred
Peso Bill is blind-friendly as it has embossed
denomination. I was really disgusted at that time
considering that many countries have blind-
friendly designs many years ago while our Central
Bank didn’t even consider the visually impaired in
their new design. Our office immediately wrote a
letter to BSP Gov. Amando Tetangco, attached a
copy of House Bill 3209 and reiterated our demand
that the bills should have raised dots to designate
their denomination.
We seldom commend the Central Bank, but this
is one of those times when credit should be given
the BSP at least for producing new currencies that
are friendly to the blind and the elderly. We will
still push for the passage of the “Blind Friendly
Currency Design Law” just to make sure that
future designs continue to consider the welfare of
the visually impaired. We hope that a senator will
also file a similar bill in the Senate so that it can
immediately pass into law next year, ” he said. BM
NEWSLETTER
Official Newsletter
of Bayan Muna (People First)
Editorial Board: Satur C. Ocampo,
Nathanael S. Santiago, Teddy A. Casiño,
Neri J. Colmenares
Managing Editor: Amy V. Padilla
Writers: Vincent Borneo, Dang Viernes,
Kristine Sabillo
Cartoonist: Jerry Matagsico
Lay-out Artist: Kristine Sabillo
Majority of Morong 43 released
After more than ten months in detention,
the courts have finally ordered the release of
the “Morong 43.” Criminal charges against
the 43 health workers were ordered to be
withdrawn by President Benigno Aquino III
on grounds of illegal search and arrest.
On December 17 and 18, 38 of the health
workers were discharged from Camp Bagong
Diwa, Bicutan and were greeted by tears and
applause from relatives and supporters.
The two nursing mothers confined at the
Philippine General Hospital were fetched
and were later reunited with fellow health
workers and loved ones. This came a week
after Pres. Aquino ordered the Department
of Justice to withdraw the cases against the
health workers. The health workers were
on their eighth day of hunger strike at that
time.
“We recognize that their right to due process
was denied them. As a government that is
committed to the rule of law and the rights
of man, this cannot stand. Therefore, I
have ordered the DOJ to withdraw the
informations filed before the court,” he said
during the International Human Rights Day
on December 10.
Bayan Muna Rep. Teddy Casiño said, “We
are happy that finally, the President has seen
the light and has ordered the withdrawal of
charges against the Morong 43, although
with certain caveats. It’s just disappointing
that it took six months for him to correct the
atrocity done by the previous administration
and that they had to resort to a hunger strike
for it.”
8 still left unaccounted
However, five health workers were left in
Bicutan because of supposedly standing
warrants or cases against them while
another five are under military custody in
Camp Capinpin, Tanay, Rizal.
The group’s lawyers have expressed dismay
over the incident, saying the cases, including
that of a bouncing check case, may have
been trumped-up. They are also clarifying
whether it is true that the five in Camp
Capinpin had chosen to stay under military
PAGE 3
custody. Those in Capinpin allegedly
admitted to being members of the New
People’s Army and are facing criminal cases.
Jules Matibag, one of their lawyers said,
“Without any authenticated warrant of
arrest issued by another court, all of the 43
should be released immediately.”
The group’s other lawyer Edre Olalia said
having them under military custody is,
from the start, illegal. He said they were
being held against their will. In March
this year, three of them had already been
isolated from the rest of the group and were
reportedly being forced to turn against their
fellow health workers.
Weeks later, two were released from Bicutan
after the courts decided that the cases
against them involved namesakes.
Hundreds more to go
According to Casiño, there were 369 political
detainees in the country as of October, most
of which the human rights group Karapatan
said were illegally arrested, abducted and
jailed on trumped-up charges.
House Resolution No. 555 filed by Casiño
and Rep. Neri Colmenares called for “the
government’s immediate and unconditional
release of all political prisoners.”
The resolution stated that, “as a gesture
of justice and goodwill and in the interest
of attaining an atmosphere of peace and
impartiality, the government should release
all political prisoners and drop all charges
against them, including those who are not
presently incarcerated.” BM
Bayan Muna members participate in last year’s Gay
Pride Parade. Related article on page 12.
 PAGE 4
budget ... from p.1
The CCT is a World Bank and Asian
Development Bank-designed and
funded program that lulls the poor
into a continued state of abject poverty
and mendicancy by handing out
money without providing them gainful
employment or livelihood. The largest
dole-out program in the country’s
history at a whopping P21 B, the CCT is
a mere statistic booster. After the fund
is depleted and the poverty statistics
artificially increased, what is left is the
same poor, jobless family who cannot get
decent services from government.
New born babies and mothers share beds in a hospital in
Manila (Bulatlat.com)
Not only does the CCT offer an empty
promise of alleviating poverty, it further
contributes to the country’s worsening
debt burden, with multi-billion loans
from international financial institutions.
Why not invest these huge funds
directly in essential services and in
developing agriculture and industry -
such as health, education, irrigation and
subsidy to farmers and support to local
entrepreneurs?
Furthermore, the CCT program
strengthens the corrupt, patronage-
based political system. At the end of the
day, politics will dictate who gets these
cash transfers.
A huge war budget
Added to the huge increases in debt
servicing and dole-outs and cuts in basic
services and development is a huge war
chest through the budget of the Armed
Forces of the Philippines (AFP). This
will get an all-time high increase of 81%
despite the AFP’s dismal record in human
rights.
Bayan Muna Newsletter | December 2010
The increase, including P5 billion in Table. Fast Facts on the proposed
“modernization funds”, is being allocated 2011 General Appropriations
despite the AFP’s failure to follow UN
recommendations, through the Alston
Share
Report in 2007. These include reforms FY 2011
ITEM in 2011
made in the government’s counter- (proposed)
budget
insurgency program to stop the policy
TOTAL BUDGET 1,645.00B 100%
of extrajudicial killings, enforced
Debt interest
disappearances, red-baiting and 357.09B 21.70%
payment*
witch hunting of activists and political Education 271.67B 16.51%
dissenters. The Aquino government is, Basic Ed 207.27B 12.06%
in fact, closely hewing to the US counter- Higher Ed 23.42B 1.42%
insurgency guide that masquerades Dept. Natl
behind socio-civic activities to hide its 104.50B 6.35%
Defense
militaristic, all-out war approach to the Health 38.63B 2.35%
armed rebellion without addressing its CCT 21.19B 1.28%
root causes. PPP** 12.53B 0.76%
NFA 2.50B 0.15%
More pork for everyone Rural
1.4B 0.08%
electrification
A glaring feature of the proposed
*Biggest share in the 2011 budget. This does not
budget is its lack of transparency and include the P466B earmarked for the payment of
accountability. Maintained in the special principal debt amortization.
purpose funds and tucked into the **Originally P15B but P2.5B, through the lobbying
budgets of the various departments are of both the NFA and the congressmen, was
huge lump sum allocations – estimated realigned for the procurement of palay.
by some of our colleagues at more than
P500 billion. What we are witnessing is the shrinking
of government and abdication of its role
We have been demanding lists of projects in development. Government will be left
to be funded by these lump sums to no to engage mainly in giving out dole-outs,
avail. Instead of a clear and concrete line law enforcement and providing minimum
item presentation of such projects, the social services. Tertiary education will be
Executive promised a guaranteed pork corporatized and eventually privatized,
barrel of P50 million per congressman as will be health and other government
from the DPWH lump sums to placate functions.
legitimate calls for an equitable
distribution of government resources. Government will end up being a mere
regulator of strategic sectors like power,
More lump sums at the discretion of water, oil and petroleum, transportation
the Executive and more lump sums at and communications that will be
the discretion of legislators mean only controlled by the private corporations.
one thing – more pork, more patronage This is the discredited neoliberal
politics and more corruption. framework of governance that underlies
the 2011 budget.
Privatization of development
The 2011 budget reflects the lack of
Lastly, we object to the allocation of P15 substantial reforms that provide for
billion to public-private partnership (PPP) gainful employment, that strengthen
projects – again a lump sum amount. domestic and local industries especially
This is nothing but a sugar-coating of the agriculture, and that provide for the
outmoded privatization policy imposed establishment of basic, integrated
by foreign creditors and governments on industries vital to national development.
developing countries, where government’s
role in national development is practically The change promised by the new
reduced to being a mere facilitator of government is really more of the same, if
private contracts. not worse, this time around. BM
 Bayan Muna Newsletter | December 2010
An unending quest for social justice?
By: Satur C. Ocampo
The following is a revised article, first printed from the author’s weekly
column “At Gound Level” published in the Philippine Star last August
21, 2010.
The core element of agrarian reform, as we know, is social justice.
Yet throughout the four centuries of Philippine colonial and neocolonial
history, which is up to the present, the quest for social justice as regards the
ownership of agricultural land has remained elusive.
The first social justice decree issued by the First Philippine Republic in 1899,
promulgated by Apolinario Mabini, placed all lands held by the Spanish
friars under administration by the government pending their distribution
among the Filipino tenants through a process that had yet to be defined.
That social justice intent, however, was truncated by the outbreak of the
Philippine-American war. It was frustrated altogether by the defeat of the
poorly-armed Filipino forces and the imposition of US colonial rule.
Under the American colonial administration, the friar lands were given back
to the Catholic Church. As a “benevolent” gesture of enabling Filipinos to
own lands, the US colonial government under Governor-General William
Howard Taft, bought 450,000 hectares of friar lands from the Vatican and
offered these for sale to Filipinos. Of course, only the very rich families were
able to afford it. The project led to the establishment of the big landed estates
in the hands of these few families.
The Commonwealth government did not initiate an agrarian reform
program. But President Manuel L. Quezon enunciated social justice as a vital
aspect of governance. By way of setting an example, Quezon voluntarily gave
to the tenants some of his agricultural landholdings in Central Luzon. That
gesture did not provoke the landed elites to imitate him.
During the Japanese occupation, agrarian unrest was a powerful motivation
for the peasantry especially in Central Luzon to take matters into their
hands and drive out their abusive landlords while waging armed resistance
against the hated foreign invaders. After the war, the landlords returned
and, backed by the Americans, were able to “restore peace and order.”
Hacienda Luisita is a peculiar case of injustice crying for redress.
In 1957, loans from a foreign bank and the Government Service Insurance
System financed the purchase by the family of Jose
Cojuangco Sr. (father of Cory
Aquino) of 6,000 hectares of
farmlands from Tabacalera.
Social justice was invoked
by President Carlos P.
Garcia in imposing the
condition for a national
government guarantee
for these loans. After 10
years (or in 1967), he said,
the land – the Hacienda Luisita
PAGE 5
estate today -- must be turned over to the
farmworkers. This never happened.
Twenty-eight years later, in 1985,
the martial law regime of Ferdinand
Marcos tried to compel the
Cojuangcos to comply with
the Garcia conditionality
through the Manila regional
trial court. The court ruled
in favor of the government,
and the Cojuangcos
elevated the issue to the
Court of Appeals. Then came
the ouster of Marcos and the installation of Cory Aquino
through People Power. Declaring agrarian reform to be the “centerpiece” of
her administration, the new president caused the enactment of RA 6657 (the
Comprehensive Agrarian Reform Program) in 1988. The following year, the
Cojuangcos asked the Court of Appeals to set aside the Manila court ruling,
on the ground that the disputed lands had been placed under the CARP.
They got what they wanted. The case was dismissed.
In its declaration of principles and policies, the CARP law states: “The
welfare of the landless farmers and farmworkers will receive highest
consideration to promote social justice and to move the nation towards
sound rural development and industrialization, and the establishment of
owner-cultivatorship of economic-sized farms as the basis of Philippine
agriculture.” Further, the law sets as objective “to provide farmers and
farmworkers with the opportunity to enhance their dignity and improve the
quality of their lives through greater productivity of agricultural lands”.
To the great disappointment of the majority of farmers and farmworkers
all over the country, the CARP has failed to realize its declared policies and
attain its objective. This was because multiple loopholes were provided in
the law, as well as exemptions and alternative modes of implementation
instead of outright land distribution.
One of these alternative modes is the stock distribution option (SDO)
preferred by the management of Hacienda Luisita. Upon petition by the
farmworkers in 2005 the Presidential Agrarian Reform Council (PARC)
revoked the SDO that it had approved in 1989. After 16 years, the PARC said,
SDO had not caused any improvement at all in the lives of the farmworkers.
It ordered the land to be distributed to the farmworkers as originally
envisioned by President Garcia. However, the “compromise agreement”
entered into recently between the hacienda and the farmworkers apparently
intends to counter before the Supreme Court the conclusion that SDO has
failed to benefit the farmers.
This is the case that awaits resolution by the Supreme Court. How will the
outcome affect the men and women who have toiled the land, grown old,
in Hacienda Luisita? How will it affect the millions of Filipinos who today
remain “bowed by the weight of centuries” of struggle to own their piece of
soil? Is this really just a dream, an impossible dream? BM
BAYAN MUNA
interest and welfare
of the people first

September 24, 2010 - Bayan Muna Rep. Neri

Colmenares help distribute relief goods to victims
of a six-hour fire in Barangay Navotas West and
Sipac-Almacen, Navotas.

October 7, 2010 - Rep. Teddy

Casiño waits for a response
after raising anomalies (during
his Department of National
Defense budget interpellation)
in the bidding of several attack September 16, 2010 - Students, congressional staff
helicopters for the Armed and other participating organizations during a hands-
Forces of the Philippines. on workshop on Free and Open Source Software.

November 16, 2010

September 28, 2010 - Bayan Muna
- Bus drivers and President and former
conductors accompany Representative
Bayan Muna Rep. Satur Ocampo and
Teddy Casino and other mass leaders
Anakpawis Rep. lead the march to
Rafael Mariano as they Hacienda Luisita, in
file House Bill 3370 commemoration of
or the Bus Drivers the 6th year of the
and Conductors Hacienda Luisita
Compensation Act Massacre.
 (1) October 14,
2010 - Rep.
Casiño with
Organisasyon
ng Pilipinong
Mang-aawit
officials
Dingdong
Avanzado
and Ogie
Alcasid during
a discussion
on the plight of
local artists;
(3) with Miss
Universe
Runner-up
Venus Raj
during her visit BAYAN MUNA filed House Resolutions 77 and 555 to call for the dismissal of the trumped
to Congress. up charges against the 43 health workers. Seen in the pictures are: (1) one of the victims
handcuffed to a soldier during a court trial; (2) Satur Ocampo negotiating with a military
officer outside Camp Capinpin.

September 21,
2010 - On the
38th anniversary of
the declaration of
Martial Law, Rep.
Colmenares, one
of the youngest
political detainees
during the Martial
law, relived how
he was tortured in
prison.

October 4, 2010 - Rep. Casiño joins other progressive party-

list representatives in calling for the scrapping of the Aquino
administration’s conditional cash transfer program.

November 15, 2010 - Rep. Teddy Casiño filed House Bill No. 3665 which aims to create centers that will provide free therapy
and other services to poor children. Seen in the picture are beneficiaries of similar centers and their proponents
 PAGE 8
THE CHANGING LANDSCAPE:
The ruling elite seeks a stranglehold of the Party list system
By: Rep. Neri Javier Colmenares
The window of opportunity for the
marginalized people’s representation in
Congress through the party-list system is
closing, as the ruling elite and powerful
political clans dominated the 2010 party list
elections. They used their huge resources and
regional patronage politics to gain more seats
in Congress.
The changing landscape requires a major
adjustment in our work, both in Congress and in the regions. We must
strengthen Bayan Muna, expand its reach and influence to a substantially
larger number of constituents while consolidating our constituents into
Bayan Muna chapters. It is also imperative to militantly expose these
pseudo party-list groups to frustrate this insidious attempt to marginalize
progressive parties in the party-list system.
Despite the clear Supreme Court decision in the Bayan Muna vs. Comelec
case in 2001 (also known as the Bagong Bayani case) which limited the
party-list system to the marginalized and underrepresented, the Comelec
not only accredited pseudo party-list groups but also allowed nominees
from powerful political and economic interests.
Together with the other pseudo party-list groups pretending to have
progressive pro-people agenda and the military-backed rightists, these
groups have launched a concerted effort to defeat Bayan Muna and other
progressive party-list organizations. Millions of pesos in resources were
used in TV and radio ads, as well as vote buying and paying off local
officials. Some groups relied on government support, particularly through
the use of government facilities and funds.
Many also played into the regional sentiments of the people to get votes
by lulling them into believing that their poverty would be solved and that
they would be ably represented by electing a “kababayan” into Congress.
They must know that the party-list system was precisely established for the
underrepresented because many of their “kababayan” congressmen failed
to truly represent their constituents’ interest in Congress.
For the
marginalized and
underrepresented
Should the nominee of a
party-list group belong
to a marginalized sector,
or merely pretend to
advocate for the cause of
Former Bayan Muna Representatives Satur Ocampo, the marginalized to be
Liza Maza and the late Crispin Beltran during their first allowed to represent the
year in Congress (2001).
marginalized in Congress?
Bayan Muna Newsletter | December 2010
The Court ruled in Bagong Bayani that the party-list nominee must not
only be a member of the marginalized party-list organization but must
“belong” to the marginalized sector as well:
“xxx it is not enough for the candidate to claim representation of the
marginalized and underrepresented, because representation is easy
to claim and to feign. The party-list organization or party must factually
and truly represent the marginalized and underrepresented constituencies
mentioned in Section 5. Concurrently, the persons nominated by the
party-list candidate-organization must be “Filipino citizens belonging
to marginalized and underrepresented sectors, organizations and
parties.” (Emphasis supplied.)
2007 Bayan Muna Miting de Avance, ArkibongBayan.org
That a nominee must represent and belong to a marginalized and
underrepresented sector is a cumulative requirement. The Supreme
Court clearly declares so:
“To repeat, under Section 2 of RA 7941, the nominees must be Filipino
citizens “who belong to marginalized and underrepresented sectors,
organizations and parties.” Surely, the interests of the youth cannot be fully
represented by a retiree; neither can those of the urban poor or the working
class, by an industrialist. To allow otherwise is to betray the State policy to
give genuine representation to the marginalized and underrepresented.”
(Emphasis supplied.)
Worse, even district congressmen, such as the son of former President
Gloria Arroyo, and former cabinet members made bids to get party-list
seats. As Bayan Muna pointed out during the oral arguments in Bagong
Bayani, : “Why reserve 20% of the seats in Congress if the 80% are allowed
to get seats from the 20% anyway?”
The Court in the 2001 Bayan Muna Petition has favorably ruled on this
matter:
“Logic shows that the system has been opened to those who have
never gotten a foothold within it -- those who cannot otherwise win
 Bayan Muna Newsletter | December 2010
in regular elections xxx. Conversely, it
would be illogical to open the system
to those who have long been within it --
those privileged sectors that have long
dominated the congressional district
elections.
xxx
Because the marginalized and
underrepresented had not been able to
win in the congressional district elections
normally dominated by traditional politicians
and vested groups, 20 percent of the seats
in the House of Representatives were set
aside for the party-list system. In arguing
that even those sectors who normally
controlled 80 percent of the seats in the
House could participate in the party-list
elections for the remaining 20 percent,
the OSG and the Comelec disregard
the fundamental difference between the
congressional district elections and the
party-list elections.” (Emphasis supplied.)
The “Carpio Formula” used in the recent
Supreme Court decision only spurred these
pseudo party-list groups into running due to
the very low number of votes required to get a
seat. The said formula practically invalidated
the 2% threshold, thereby allowing groups who
garnered at least 146,000 votes to get a seat
in Congress. These pseudo party-list groups
calculated that spending tens of millions of
pesos is still a good investment compared to the
largesse that they expect by being in Congress
for three years.
Bayan Muna Relief Mission in Bulacan (2005)
Major adjustment in our work
Bayan Muna and other progressive party-list
groups come under constant attacks from state
security personnel during campaign period.
They were also hobbled by financial constraints
and could not match the resources of these
elite-run party-list groups and had to rely on
their traditional mass base and traditional
campaigning.
The problem with merely relying on our mass
base was that our mass base was also beset by
constant attacks from the military and raided
by regional party-list groups. Furthermore,
we failed to maintain organizational presence
in the form of chapters or core groups in many
areas virtually making it difficult for us to
challenge these pseudo party-list groups.
Additionally, while many party-list groups
focused on single issue campaigns catering to
only one or two sectors, Bayan Muna involved
itself in many national issues and failed to
nurture important gut issues that were easily
remembered by voters come election time.
Currently, many of these pseudo party-list
groups are forming alliances with traditional
political parties such as the Liberal Party, Lakas
NUCD and NPC. The formal linking up of these
party-list groups with major political parties
could spell massive advantage for them in the
2013 elections. It could also obviate the latest
ruling in Bayan Muna vs. Comelec in 2009 (also
known as the Banat case) that major political
parties are disqualified from participating in the
party-list system.
Additionally, we must seriously consider the
fact that under the Carpio formula all party-
list seats were filled up. Unlike in the previous
congresses when there were barely two dozen
party-list representatives, there are now 57.
Most of them steadily gather more resources
and political power both nationally and in their
respective ‘bailiwicks,’ whether geographical or
sectoral.
More than the electoral implications, the entry
of these party-list groups will bolster the elite’s
PAGE 9
hold on Congress and
further marginalize
the progressive
party-list groups. The
progressive party-
list groups will find
it more difficult to
push for pro-people
legislation and expose
corruption and abuse
in the face of larger
forces of the ruling
elite within the party-
list system itself.
Various groups have
filed petitions in the
Supreme Court and
the Comelec to disqualify these fake party-list
groups for violating the party-list law and SC
decisions. There are also current attempts in
Congress to amend the party-list law to limit
the party-list system to genuine representatives
of the people and weed out these misfits and
institute a system of recall.
Members pose for the camera during last year’s filing of
Bayan Muna’s Intent to Participate in the 2010 polls.
However, we must mainly rely on our own
efforts, and not on the Supreme Court
and Congress, to ensure the voice of the
marginalized and underrepresented in the
party-list system. As mentioned earlier, we
must intensify our efforts in Congress and
among our constituencies in the regions to
reach the broadest and the largest number of
people and consolidate our electoral mass base
into organized chapters.
Bayan Muna also needs to involve itself not only
in national issues but also in local mass struggles
especially on important gut issues such as
power, water, fare hikes, etc. We must also
expose the corruption and anti-people activities
of pseudo party-list groups especially in their
supposed bailiwicks so that they can no longer
delude the people in the 2013 elections. BM
PAGE 10 Bayan Muna Newsletter | December 2010

CHAIRPERSON, Small Business and VICE CHAIRPERSON,

Entrepreneurship Development, Suffrage and Electoral Reforms
Congressional Oversight Committee on
Magna Carta for Micro, MEMBER FOR THE MAJORITY,
Small & Medium Enterprises Constitutional Amendments,
SENIOR VICE CHAIRPERSON, Human Rights,
Higher and Technical Education Local Government,
MEMBER FOR THE MAJORITY, Foreign Natural Resources,
Affairs, Information and Communication, Trade and Industry, Joint
Natural Resources, Trade and Industry, Public Congressional Oversight Committee
Information, Justice, Appropriations, Population on Automated Election System
and Family Relations, Health, Good Government
Rep. Teddy A. Casiño and Public Accountability Rep. Neri J. Colmenares

Summary of Measures Filed by Bayan Muna Party-list

July 1 to December 21, 2010 | House of Representatives
HB No. Topic Committee Referral Others
Now in the Technical Working
132 Whistleblowers’ Protection Justice Group
133 Freedom of Information Public Information Ongoing hearings
Compensation for Plaintiffs who filed and won a case against the estate of
954 Human Rights Pending
Ferdinand Marcos in the US Federal Court System
1008 Repeal of Presidential Decree 1177 Appropriations Pending
1009 Decriminalization of Libel Justice Pending
1010 Repeal of Batas Pambansa 880 Human Rights Pending
1011 Free Open Source Software Trade & Industry Pending
Anti-Discrimination Law for Equal Rights for Lesbians, Gays, Bisexuals &
1483 Justice Pending
Transgenders (LGBT)
1460 Ethnic Origin Census National Cultural Communities Approved at the Committee Level
1630 Removal of VAT on Electricity Ways & Means Ongoing hearings
1631 Katipunan Day Commemoration Revision of Laws Pending
Mandating Compensation to Victims of Human Rights Violations during the
1693 Human Rights Pending
Marcos Dictatorship
1960 Early Media Voting Rights Suffrage & Electoral Reforms Approved at the Committee Level
Basic Education & Culture, Higher &
1961 Private School Tuition Fee Regulation Pending
Technical Education
2137 Election of LGU Sectoral Representatives Suffrage & Electoral Reforms Pending
2138 Providing for Interim Succession for the Presidency in case of Failure of Elections Revision of Laws Pending
2308 Child Nutrition Bill Welfare of Children Pending
2309 Prohibiting the Naming of Public Properties & Government Services After Public Information Pending
Incumbent Public Officials
2719 Removal of VAT on Oil Products Ways and Means Ongoing hearings
2830 Establishing Barangay Fitness Centers Youth & Sports Development Pending
2842 Journalist Insurance Act Public Information Pending
2843 Bud Dahu Day Commemoration Revision of Laws Pending
2844 Protecting the Right of Students to Enroll in Review Centers of their Choice Higher & Technical Education Approved on third reading
(now 3546)
3046 Defining and Penalizing Enforced Disappearances Justice Pending
3135 Tuition Fee Moratorium Basic Education...
3145 Release on Recognizance Justice Pending
3209 Elderly & Visually-Impaired Friendly Currency Design Banks & Financial Intermediaries Pending
3230 Amendments to the Official Development Aid (ODA) Law Economic Affairs Pending
3231 Student Entitlements Basic Education... Pending
3288 September 21 Day of Remembrance Revision of Laws
3328 Campus Press Freedom Day Public Information Approved at the Committee level
3329 International Students Day Higher & Technical Education Ongoing hearings
3343 ATM Fees & Charges Banks & Financial Intermediaries Pending
3370 Bus Drivers & Conductors Compensation Labor & Employment Pending
3413 Anti-Political Dynasty Suffrage & Electoral Reforms Pending
3475 Repealing Art. 247 of the Revised Penal Code Revision of Laws Pending
3593 Anti-Strategic Lawsuits Against Public Participation (SLAPP) Justice Pending
3769 Prohibiting the Use & Installation of Bright White Headlights in Motor Vehicles Transportation Pending
3787 Local Music Industry Incentive Act Ways & Means Pending
3827 Sustainable Sanitation Gov’t Reorganization and Health Pending

TOTAL LEGISLATIVE MEASURES FILED: 89

HOUSE BILLS (HB): 40 | HOUSE RESOLUTIONS (HR): 44 | HOUSE JOINT RESOLUTION (HJR): 1
Privilege Speeches: 5 | Impeachment complaint: 1 (vs Merceditas Gutierrez)
 Bayan Muna Newsletter | December 2010 PAGE 11

HR No. Topic Committee Referral Others

Probe into the Dubious Circumstances of the Death of Interpreter Gregan Cardeño on
67 February 2,2010, in Camp Ranao, Datu Saber, Marawi City & the Related Killing of Major Human Rights Pending
Javier Ignacio
Probe into the Controversial Award of Coal Operating Contracts to Monte Oro Resources
72 Natural Resources Pending
Energy Inc. that will result in Permanent Damage to Three Towns in Catanduanes
Calling for a Stop to the Alarming Encroachment of Mining Companies into the Remaining
73 Natural Resources Pending
Habitat of the Endangered Philippine Eagle
Probe into the Alleged Environmental Destruction & Human Rights Violations by Metals
74 National Cultural Communities Pending
Exploration PLC Against Tribal Residents of Quezon, Nueva Vizcaya
75 Probe into the Sulu Sea Oil Exploration of Exxon-Mobil Energy Pending
Condemning the Killing of Human Rights Worker & Bayan Muna Member Benjamin Bayles
76 Allegedly Perpetrated by Elements of the 61st Infantry Battalion on June 14, 2010 in Human Rights Pending
Himamaylan City, Negros Occidental
77 Calling for the Immediate & Unconditional Release of the Morong 43 Health Workers Human Rights Pending
Condemning the Killing of Bayan Muna Officer & Municipal Councilor Fernando Baldomero
78 Human Rights Pending
on July 5, 2010 in Kalibo, Aklan
Probe on the Anti-Consumer Move of the PSALM to Pass on its P470.865 Billion Debts &
97 Energy Pending
Expenses to Electricity Consumers
Probe on the Multi-Million Anomalies in PAGCOR under the Macapagal-Arroyo Good Government & Public
98 Pending
Administration Accountability
Probe on the Alleged Failure of the GSIS to Effectively Perform its Mandate to Provide Social Government Enterprises &
119 Ongoing Hearings
Security Benefits to its Members Privatization
Probe into the Entry of the PNOC-EDC Geothermal Project into the Mt. Kanlaon Natural Park
120 Ecology Pending
that will Irreversibly Damage the Fragile Biodiversity of Negros
153 Probe into US troops in Zamboanga & Basilan incidents Foreign Affairs Pending
172 Against MRT-LRT fare hikes Government Enterprises... Pending
Probe on the Energy Regulatory Commission’s Performance-Based Regulation (PBR)
191 Energy Pending
Methodology That Favors the Continued Upward Adjustment of Electricity Rates
192 Probe on the Budget Overshoot of the Philippine Information Agency Good Government... Pending
Probe on the Alleged Discriminatory & Inhumane Regulations of the Philippine Airlines
194 Labor & Employment Pending
Against its Flight Attendants & Stewards
212 Probe on the SLEX toll fee hike Government Enterprises... Pending
218 On the Hacienda Luisita Compromise Agreement Agrarian Reform Pending
236 Calling for the Return of the Balangiga Bells Basic Education... Pending
237 Probe on the Biosafety of BT Eggplant Testing Agriculture & Food Pending
256 Probe on Video of Police Torturing a Hapless Man Human Rights Pending
275 Probe on the Philippine Airlines Outsourcing & Contractualization Scheme Labor & Employment Pending
294 On the PNP Botched Rescue in the Manila hostage incident Public Order & Security Ongoing hearings
For on-site public
346 Probing the Conditions of the Eskaya Tribe National Cultural Communities hearing in Bohol
Banks & Financial
353 ATM Surcharges Probe Pending
Intermediaries
354 Accounting of Existing Bilateral Trade Agreements Trade & Industry Pending
355 American employer who dismissed 416 workers by e-mail Labor & Employment Pending
381 Probe into Illegal Mining in Biak-na-Bato, Bulacan Natural Resources Pending
382 USS George Washington visit to Port of Manila Foreign Affairs Pending
387 Probe on the use of intelligence funds in GOCCs Appropriations Pending
409 Prescribing an Agenda for Pres. Aquino’s first US Trip Foreign Affairs Pending
For on-site public
481 Probe on FPIC Process in Bakun, Benguet Mining Project of Royalco Corp. National Cultural Communities hearing in Benguet
545 Probing the troubled Albay Electric Cooperative (ALECO) Energy & Cooperatives Devt Pending
546 Probing the Public Health Implications of the Coal-Fired Plant in Iloilo City Health Pending
555 Calling for the Release of All Political Prisoners Justice Pending
Probing the Deed of Usufruct Entered into by the Pasig River Rehabilitation Commission with
556 Serviam Foundation & the 728 Families Relocated in Jaime Cardinal Sin Village, Punta, Sta. Housing & Urban Development Pending
Ana, Manila
Small Business &
577 Probing the Unfair Competition of Datu Puti Pinoy Kurat over Sukang Pinakurat Pending
Entrepreneurship Devt
Probe on the Delayed Implementation of Supreme Court Decision Finding Philippine Airlines
587 Guilty of Illegal Dismissal & Ordering the Reinstatement of Cabin Crew Personnel
Consolidated into
613 Commending Rep. Emmanuel Pacquiao HR 607 Adopted in
Plenary as HR 44
660 Probe on the Extrajudicial Killing of Leonardo Co Rules Pending
Calling for a Moratorium on the Construction and/or Expansion of All Coal-Fired Plant
692 Energy Pending
Projects
725 Commending Slain Botanist Leonardo Co Ecology Pending
Probe into the Status of the Asian Productivity Organization (APO) as a Government Printing
762 Rules
Agency Attached to the Presidential Communications Coordination Office
784 Probe into delay in installing Ati tribe in their ancestral domain in Boracay island Rules

HJR No. Topic Committee Referral Others

7 Abrogation of the US-RP Visiting Forces Agreement National Defense & Security Pending
 PAGE 12
Bill penalizing discrimination vs. LGBTs pushed Environmentalists in
Rep. Teddy Casiño (Party-list, Bayan
Muna) is seeking the immediate approval
of a bill penalizing discrimination against
lesbians, gays, bisexuals and transgenders
(LGBTs). Casiño filed House Bill 1483 or
the “Anti Discrimination Act of 2010” which
defines discrimination on the basis of sexual
orientation and gender identity and imposes
penalties against such a bias.
The bill defines discriminatory practice as
denying access to public service, among
others, including military service, to any
person on the basis of sexual orientation and/
or gender identity. These also include sexual
orientation and gender identity, as well as the
disclosure of sexual orientation, in the criteria
for hiring, promotion and the dismissal of
workers, as well as in the determination of
House to probe Datu Puti vs. Suka Pinakurat war
Goliath vs. David
Saying it is high time for Congress to look into
unfair practices of big business corporations
that unduly infringe on the successes of small
enterprises, House Committee on Small
Business and Entrepreneurship Development
chairperson Teddy Casiño said his committee
will look into how one of the giants in the
condiments industry has been allowed to
strangle a small, Mindanao-based vinegar
manufacturer.
In a press conference last December 15,
Casiño said he filed House Resolution 577
to investigate the violations committed by
Southeast Asia Foods, Inc. (SAFI), makers of
Datu Puti Pinoy Kurat Spiced Tuba Vinegar,
of the tradename and trademark of Green
Gold Gourmet Foods, Inc., original maker of
the Suka Pinakurat brand.
SAFI is listed as the manufacturer and
distributor of Datu Puti Lines, Mang Tomas,
Golden Fiesta Cooking Oil, and Nelicom
Lines, among others. It is said that SAFI is
lording it over the condiments market.
In contrast, GGGFI is a small vinegar
manufacturer based in Iligan City. Its main
product is the Suka Pinakurat, which they
registered with the Philippine Intellectual
Property Office in 2006, Australia’s
Bayan Muna Newsletter | December 2010
employee compensation, training, incentives,
privileges, benefits or allowances, and other
terms and conditions of employment.
“LGBT students are denied admission or
expelled from schools due to their sexual
orientation or gender identity. Companies
block the promotions and stymie the career
advancement of gay or lesbians employees
due to the deeply embedded notion that
homosexuality denotes weakness. Laws such
as the current anti-vagrancy law are also
abused by the law enforcement agencies to
harass gay men,” Casiño added.
Under the bill, those who discriminate against
the LGBTs will pay fine ranging from P250,000
to P500,000 or face imprisonment of up to six
years, or both at the discretion of the court. BM
Intellectual Property Office in 2008 and the
United States Patent Office in 2009.
The progressive solon said that “Datu Puti
Pinoy Kurat” appears to violate Section 123
of the Intellectual Property Code (Republic
Act 8293) which states that “a mark cannot
be registered if it is identical or confusingly
similar to an already registered mark. As
such, it may be considered a trademark
infringement, which is a form of unfair
competition.”
“While the Philippine Intellectual Property
Office has yet to act on the application for
registration of the Datu Puti Pinoy Kurat
brand, SAFI is already flooding the market,
resulting in lost sales and other detrimental
effects on the original Suka Pinakurat.
Government has yet to do something to
protect our small players in the face of this
clear case of unfair and illegal competition,”
said Casiño.
He said DTI should prohibit Datu Puti Pinoy
Kurat from selling their version of Suka
Pinakurat until the matter is resolved by the
IPO. “It is only right that we hear this to come
up with new policies that will prevent big
businesses from eating up the success of small
corporations,” Casiño said. BM
Congress Join Forces
to Push for Coal Plant
Moratorium
“Coal is considered one of the ‘dirtiest’ sources of
energy and is one of the leading contributors to
climate change and global warming. Environment
advocates have been pressing the government for
years to prepare, in a comprehensive and strategic
manner, sources of energy alternative to coal such
as geothermal and hydro power, but to no avail.
It is time Congress intervenes and comes up with
measures to help protect our environment and
human lives before it’s too late,” Bayan Muna Rep.
Neri Javier Colmenares said.
Bayan Muna Reps. Colmenares and Teddy Casiño,
together with other environmentalist members of
Congress filed House Resolution 692 last November
24 calling for the immediate moratorium on the
construction and / or expansion of coal-fired
power plant projects. Bayan Muna is also joined
by Reps. Lani Mercado-Revilla, Manny Pacquiao,
Raymond Palatino, Antonio Tinio, Rafael Mariano,
Luzviminda Ilagan, and Emerenciana de Jesus.
According to the resolution, there are currently 10
coal power plants in the country consuming 80% of
the nation’s coal supply. There are four additional
coal fired power plants to be completed by 2012 and
there are still proposals for more coal power plants
in different provinces and cities.
Colmenares said that coal plants cause irreparable
damage to the environment and health of
surrounding communities. He pointed out that
“External costs arise when project impacts such as
damages to human health are not fully accounted or
compensated for by a power plant.”
The solon also stressed that power rates have not
really gone down even if power generation from
coal is branded as the cheapest source of energy.
He added that the country has enough renewable
energy source that can be tapped to supply the
country’s growing energy needs like geothermal,
wind and solar energy sources.
The Network Opposed to Coal-Fired Power
Plant (NO COAL Power Plant) composed of
environmental groups and advocates is also
conducting a petition-signing in support for the
resolution to stop the construction of additional
coal plants in the country. BM