REPUBLIC OF THE PHILIPPINES

Senate
Pasay City

Journal
SESSION NO. 14
Monday, September 5, 2011

FIFTEENTH CONGRESS
SECOND REGULAR SESSION

SESSION NO. 14 Monday, September 5, 20 II

CALL TO ORDER
At 3: 18 p.m., the Senate President, Hon. Juan Ponce Enrile, called the session to order.

NATIONAL ANTHEM
The Senate Choir led the singing of the national anthem and thereafter rendered the song, entitled o Naraniag nga Bulan.

PRAYER
Sen. Sergio R. Osmefia III led the prayer, to wit: Heavenly Father, we humbly come before You today and ask for Your blessing as we set out to carry Your will. May everything we do begin with You, continue with Your help and be accomplished through Your guidance. Inspire us with Your wisdom so that our work may reflect Your will. Show us how to conduct ourselves with the spirit of joy and enthusiasm as we work together and find ways to excel in service of the people. May the work we do give You glory and honor. And may we all continue to grow in Your love, as we strive to serve our country and people. We ask these in the name of our Lord, Jesus Christ. Amen.

ROLL CALL
Upon direction of the Chair, the Secretary of the Senate, Atty. Emma Lirio-Reyes, called the roll, to which the following senators responded: Arroyo, J. P. Cayetano, A. P. C. S. Cayetano, P. S. Defensor Santiago, M. Drilon, F. M. Ejercito Estrada, J. Enrile, J. P. Escudero, F. J. Guingona III, T. L. Honasan, G. B. Lacson, P. M. Lapid, M. L. M. Legarda, L. Marcos Jr., F. R. Osmeila III, S. R. Pimentel Ill, A. K. Recto, R. G. Revilla Jr., R. B. Sotto Ill, V. C. Trillanes IV, A. F. Villar, M.

With 21 senators present, the Chair declared the presence of a quorum. Senator Pangilinan arrived after the roll call. Senator Angara was on official mission abroad.

218

MONDA Y, SEPTEMBER 5, 20 II

APPROVAL OF THE JOURNAL

Upon motion of Senator Sotto, there being no objection, the Body dispensed with the reading of the Journal of Session No, 13 (August 24, 201 J) and considered it approved,

NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance

House Bill No, 1571, entitled

At this juncture, Senate President Enrile relinquished the Chair fa Senate President Pro Tempore Ejercito Estrada.
REFERENCE OF BUSINESS
The Secretary of the Senate read the following matters and the Chair made the corresponding referrals:

MESSAGE FROM THE HOUSE OF REPRESENTATIVES

Letter from the House of Representatives, informing the Senate that on 22 August 201 I, the House of Representatives passed the following House bills in which it requested the concurrence of the Senate: House Bill No, I J45, entitled
AN ACT CONVERTING THE PROVINCIAL ROAD CONNECTING THE MUNICIPALITY OF DATU PAGLAS, PROVINCE OF MAGUINDANAO AND THE MUNICIPALITIES OF COLUMBIO AND LUTAYAN, PROVINCE OF SULTAN KUDARAT INTO A NATIONAL ROAD

AN ACT SEPARATING THE DULOP NATIONAL HIGH SCHOOL DUMINGAG ANNEX IN THE MUNICIPALITY OF DUMINGAG, PROVINCE OF ZAMBOANGA DEL SUR FROM THE DULOP NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS DUMINGAG NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance

House Bill No. 2218, entitled
AN ACT SEPARATING THE TAMBULIG NATIONAL HIGH SCHOOL - BAGONG KAUSWAGAN ANNEX IN BARANGAY BAG-ONG KAUSWAGAN, MUNICIPALITY OF TAMBULIG, PROVINCE OF ZAMBOANGA DEL SUR FROM THE TAMBULIG NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS BAG-ONG KAUSWAGAN NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Puhlic Works; and Finance

House Bill No, 1569, entitled
AN ACT SEPARATING THE NAPOLAN NATIONAL HIGH SCHOOL BUENAVISTA ANNEX IN BARANGAY BUENAVISTA, CITY OF PROVINCE OF PAGADIAN, ZAMBOANGA DEL SUR FROM THE NAPOLAN NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS NORBERTA GUILLAR MEMORIAL

To the Committees on Education, Arts and Culture; and Finance

House Bill No. 2219, entitled
AN ACT SEPARATING THE DULOP NATIONAL HIGH SCHOOL LOWER TIMONAN ANNEX IN BARANGAY LOWER TIMONAN, MUNICIPALITY OF DUMINGAG, PROVINCE OF ZAMBOANGA DEL SUR FROM THE DULOP NATIONAL

MONDAY, SEPTEMBER 5, 2011

219

HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS PAQUITO S. YU MEMORIAL NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

PROVINCE OF IFUGAO TO COMMEMORATE THE PHILIPPINE NATIONAL VICTORY AND LIBERATION DAY

To the Committee on Local Government

House Bill No.3 123, entitled AN ACT PROVIDING FOR THE CONSTRUCTION OF A FISH PORT IN THE MUNICIPALITY OF GAMAY, PROVINCE OF NORTHERN SAMAR AND APPROPRIATING FUNDS THEREFOR

To the Committees on Edncation, Arts and Culture; and Finance

House Bill No. 2220, entitled AN ACT SEPARATING THE SIMATA NATIONAL HIGH SCHOOL PARASAN ANNEX IN BARANGAY PARASAN, MUNICIPALITY OF MOLAVE, PROVINCE OF ZAMBOANGA DEL SUR FROM THE SIMATA NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS PARASAN NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Public Services; and Finance

House Bill No. 3213, entitled AN ACT CONVERTING THE TIMA WA A VENUE IN MOLO, ILOILO CITY INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance

House Bill No. 2221, entitled AN ACT SEPARATING THE TAMBULIG NATIONAL HIGH SCHOOL SUMALIG ANNEX IN BARANGA Y SUMALlG, MUNICIPALITY OF TAMBULIG, PROVINCE OF ZAMBOANGA DEL SUR FROM THE TAMBULIG NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS SUMALIG NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Public Works; and Finance

House Bill No. 3214, entitled AN ACT CONVERTING THE JEREOS STREET IN LA PAZ, ILOILO CITY INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

To the Committees on Public Works; and Finance

House Bill No. 3296, entitled AN ACT CONVERTING THE RIZAL STREET IN ILOILO CITY INTO A NATIONAL ROAD AND APPROPRIA TING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance

House Bill No. 2936, entitled

To the Committees on Public Works; and Finance

House Bill No, 3347, entitled

AN ACT DECLARING SEPTEMBER 2 OF EVERY YEAR A SPECIAL NONWORKING HOLIDAY IN THE

AN ACT CONVERTING THE AREVALO SO-OC MANDURRIAO ROAD

220
(GLORYVILLE TO SO-OC) IN ILOILO CITY INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

MONDAY, SEPTEMBER 5, 2011

PALITIES OF MONCADA AND ANAO, PROVINCE OF TARLAC INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

To the Committees on Pnblic Works; and Finance

House Bill No, 3810, entitled AN ACT CONVERTING THE PIDDIG ESTANCIA - CARASI PROVINCIAL ROAD IN THE PROVINCE OF ILOCOS NORTE INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREOF

To the Committees on Pnblic Works; and Finance

House Bill No, 3948, entitled AN ACT DECLARING JUNE 15 OF EVERY YEAR AS A SPECIAL NONWORKING HOLlDA Y IN THE PROVINCE OF PAMPANGA AND ANGELES CITY TO BE KNOWN AS THE MT. PINATUBO MEMORIAL DAY

To the Committees on Pnblic Works; and Finance

House Bill No. 3840, entitled AN ACT INCREASING THE BED CAPACITY OF REGION 1 MEDICAL CENTER IN DAGUPAN CITY, PANGASINAN FROM THREE HUNDRED (300) TO SIX HUNDRED (600), AUTHORIZING THE INCREASE OF ITS MEDICAL PERSONNEL, UPGRADING ITS SERVICES, FACILITIES AND PROFESSIONAL HEALTH CARE AND APPROPRIATING FUNDS THEREFOR

To the Committee on Local Government

House Bill No. 3994, entitled AN ACT CONVERTING THE ALAE CAMP PHILLIPS - MAMPA Y AG ROAD - DAHILA YAN - LlNDABAN - JCT. MANOLO FORTICH ROAD TANKULAN IN THE MUNICIPALITY OF MANOLO FORTICH, PROVINCE OF BUKIDNON INTO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR

To the Committees on Public Works; and Finance

House Bill No. 4088, entitled AN ACT ESTABLlSHING A FIFTEEN (15) - BED CAPACITY DISTRICT HOSPITAL IN THE MUNICIPALITY OF PANIQUI, PROVINCE OF T ARLAC TO BE KNOWN AS THE PANIQUI DISTRICT HOSPITAL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Health and Demography; and Finance

House Bill No. 3873, entitled AN ACT CONVERTING THE PURA VICTORIA ROAD IN THE MUNICIPALITIES OF PURA AND VICTORIA, PROVINCE OF TARLAC INTO A NATIONAL ROAD AND PROVIDING FUNDS THEREFOR

To the Committees on Public Works; and Finance

House Bill No. 3874, entitled AN ACT CONVERTING THE MONCADA - ANAO ROAD IN THE MUNICI-

To the Committees on Healtb and Demography; and Finance

House Bill No. 4856, entitled AN ACT DECLARING NOVEMBER 26 OF EVERY YEAR AS A SPECIAL

..W-

t"

MONDAY, SEPTEMBER 5,2011

221

NONWORKING HOLIDAY IN THE CITY OF DASMARINAS, PROVINCE OF CAVITE AND IN ALL ITS BARANGA YS TO BE KNOWN AS THE FOUNDATION DAY OF THE CITY OF DASMARINAS

House Bill No, 4862, entitled AN ACT DECLARING AUGUST 25 OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY IN THE CITY OF ILOILO TO COMMEMORATE ITS CHARTER DAY ANNIVERSARY

To the Committee on Local Government To the Committee on Local Government

House Bill No, 4857, entitled House Bill No, 4863, entitled AN ACT DECLARING SEPTEMBER 29 OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY IN THE MUNICIPALITY OF BACOOR, PROVINCE OF CA VITE TO COMMEMORA TE ARA W NG BACOOR AN ACT DECLARING AUGUST 31 OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY IN THE PROVINCE OF AKLAN IN COMMEMORATION OF THE BIRTH ANNIVERSARY OF JAIME CARDINAL L. SIN, ARCHBISHOP OF ILOILO AND MANILA, A TRUE-BLOODED AKLANON AND AN ICON OF DEMOCRACY

To the Committee on Local Government

House Bill No. 4858, entitled AN ACT DECLARING NOVEMBER 28 OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY IN THE MUNICIPALITY OF SANTA MARGARITA, PROVINCE OF WESTERN SAMAR IN COMMEMORATION OF ITS FOUNDING ANNIVERSARY

To the Committee on Local Government

House Bill No. 4904, entitled AN ACT SEPARATING THE SITIO OF ANONANG FROM BARANGAY LlWAN WEST IN THE MUNICIPALITY OF RIZAL, PROVINCE OF KALINGA AND CONSTITUTING IT INTO A SEPARATE AND INDEPENDENT BARANGA Y TO BE KNOWN AS BARANGA Y ANONANG

To the Committee on Local Government

House Bill No. 4859, entitled AN ACT DECLARING DECEMBER 8 OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY IN THE MUNICIPALITY OF AGOO, PROVINCE OF LA UNION TO BE KNOWN AS AGOO DAY

To the Committee on Local Government

House Bill No. 4912, entitled AN ACT SEPARATING THE SITIOS OF CASIGAY AN, GUINA-ANG, MADOPDOP, MALLANGO, LANLANA AND SAN PABLO FROM BARANGA Y LACNOG, MUNICIPALITY OF TABUK, PROVINCE OF KALINGA AND CONSTITUTING THEM INTO A SEPARATE AND INDEPENDENT BARANGA Y TO BE KNOWN AS BARANGA Y LACNOG WEST

To the Committee on Local Government

House Bill No. 4861, entitled AN ACT DECLARING DECEMBER 10 OF EVERY YEAR AS A SPECIAL NONWORKING HOLIDAY IN THE CITY OF MEYCAUAYAN, PROVINCE OF BULACAN

To the Committee on Local Government

To the Committee on Local Government

222
House Bill No, 4943, entitled
AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGA Y CAMALlG, MUNICIPALITY OF DUMALINAO, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS CAMALIG NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

MONDAY, SEPTEMBER 5, 2011

SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance House Bill No, 4947, entitled
AN ACT ESTABLISHING A NATIONAL VOCATIONAL HIGH SCHOOL IN THE MUNICIPALITY OF AGOO, PROVINCE OF LA UNION TO BE KNOWN AS AGOO NATIONAL VOCATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance House Bill No, 4944, entitled
AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGA Y IGNACIO GARRA TA, MUNICIPALITY OF DlNAS, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS IGNACIO GARRATA NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR

To the Committees on Education, Arts and Culture; and Finance House Bill No, 4974, entitled
AN ACT FIXING THE SPECIFIC LIMITS OF FORESTLANDS IN THE PROVINCE OF ZAMBALES

To the Committees on Education, Arts and Culture; and Finance House Bill No, 4945, entitled
AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGA Y FATIMA, MUNICIPALITY OF SAN MIGUEL, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS FATIMA NATIONAL HIGH SCHOOL AND APPROPRIA TING FUNDS THEREFOR

To the Committees on Environment and Natural Resources; and Finance House Bill No, 4975, entitled
AN ACT ESTABLISHING CERTAIN PORTIONS OF THE MT, TAGUB KAMPALILI RANGES LOCATED IN THE MUNICIPALITY OF MARAGUSAN, COMPOSTELA V ALLEY PROVINCE AS A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE AND ITS PERIPHERAL AREAS AS BUFFER ZONE, PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

To the Committees on Education, Arts and Culture; and Finance House Bill No, 4946, entitled
AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGA Y OLD MIRAPAO, MUNICIPALITY OF DlNAS, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS OLD MIRAPAO NATIONAL HIGH

To the Committees on Environment and Natural Resources; and Finance and House Bill No, 4979, entitled
AN ACT ESTABLISHING A SEAWEED PROCESSING PLANT IN THE

AIIr

MONDAY, SEPTEMBER 5, 2011

223

MUNICIPALITY OF INDANA , PROVINCE OF SULU AND APPRO PRIA TlNG FUNDS THEREFOR

RESULT OF THE VOTING

The result of the voting was as follows:

To the Committees on Agriculture and Food; and Finance RESOLUTION

Proposed Senate Resolution No. 578, entitled RESOLUTION URGING THE SENATE COMMITTEES ON TRADE AND COMMERCE; AND LOCAL GOVERNMENT TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, THE PREVALENCE OF ON ILLEGAL DOG MEAT TRADE, WITH THE END IN VIEW OF REVIEWING AND TIGHTENING EXISTING ANIMAL PROTECTION POLICIES IN TERMS OF IMPLEMENTATION, ENFORCEMENT, PROSECUTION AND PENALTIES Introduced by Senator Villar

In favor
Arroyo Cayetano (A) Cayetano (P) Defensor Santiago Drilon Ejercito Estrada Enrile Escudero Guingona Hanasan Lacson Lapid Legarda Marcos Osmeiia Pangilinan Pimentel Recto Revilla Sotto TriJlanes Villar

Against
None

Abstention
None With 22 senators voting in favor, none against, and no abstention, the Chair declared Senate Bill No. 2486 approved On Third Reading.

To the Committee on Agriculture and Food APPROVAL OF SENATE BILL NO. 2486 ON THIRD READING
Upon motion of Senator Sotto, there being no objection, the Body considered, on Third Reading, Senate Bill No. 2486, printed copies of which were distributed to the senators on August 24, 20 I I. Pursuant to Section 67, Rule XXIII of the Rules of the Senate, upon motion of Senator Sotto, there being no objection, Secretary Reyes read only the title of the bill, to wit: AN ACT TO STRENGTHEN AND PROPAGATE FOSTER CARE FOR ABUSED, ABANDONED, NEGLECTED AND OTHER CHILDREN WITH SPECIAL NEEDS, PROVIDING APPROPRIATIONS THEREFOR AND OTHER PURPOSES.

BIRTHDAY GREETINGS
At this juncture, the Chair extended its belated birthday greetings to Senators Pangilinan and Sotto.

ACKNOWLEDGMENT OF THE PRESENCE OF GUESTS

At this juncture, Senator Sotto acknowledged the presence in the gallery of the following guests:

Former Sen. Leticia Ramos Shahani; Dr. Junice Melgar of Likhaan; Undersecretary Florencia "Oyen" Dorotan and Ms. Fe Manapat of the NAPC; Mr. Roberto Ador of the Family Planning Organization of the Philippines (FPOP);

Ms. Elena Masilungan ofthe Philippine Center for Population and Development; and Ms. Beth Angsioco of Democratic Socialist Women of the Philippines (DSWP).
",u.

Secretary Reyes called the roll for nominal voting.

224

MONDAY, SEPTEMBER 5, 2011

Senate President Pro Tempore Ejercito Estrada welcomed the guests to the Senate,
COMMITTEE REPORT NO. 49 ON SENATE BILL NO. 2685 ( Continuation)

Upon motion of Senator Sotto, there being no objection. the Body resumed consideration, on Second Reading, of Senate Bi II No. 2865 (Committee Report No. 49), entitled AN ACT PROVIDING FOR A NATIONAL POLICY ON REPRODUCTIVE HEALTH AND DEVELOPMENT. Senator Sotto stated that the parliamentary status was still the period of interpellations. Thereupon, the Chair recognized Senators Cayetano (P) and Defensor Santiago, cosponsors of the measure, and Senator Sotto for the continuation of his interpellation.
SUSPENSION OF SESSION

indicated that out of90 million Filipinos, 6.7 million were drug dependents. Given those figures, he asked if it meant that four out of the 24 senators or ten percent of the people in the Chamber were drug dependents. Consequently, he narrated that he went to a conference hosted by the UN Office of Dangerous Drugs in Vienna, Austria and when he asked the UN officials about the Source of the data, he never got a straight answer. He said that when he was shown a report from China, with a 1.3 billion population, he expressed disbeliefthat it only indicated one million drug dependents despite the fact that opium originated from China. He said that upon checking the source of the report, he learned that the data included only those in the Chinese rehabilitation centers. On the other hand, he bared that the figure for the Philippines was based on a survey that included people who merely tried marijuana. From then on, he stated that he has been wary of UN data regarding the Philippines, stressing that he would rather believe in figures collected and presented by Filipinos. Contrary to his detractors' accusations, Senator Sotto stated that he has high respect for women. He pointed out that his mother was one of the founders of the women's rights movement in the Philippines and his grandfathers, Vicente and Filemon Sotto, were the principal authors of the women's right to suffrage law. He added that he established a women and child crisis center in Visayas, and that another one was being built in Luzon. Senator Cayetano (P) confirmed that there is indeed a women and child crisis center in Visayas, the Pink Room, established by Senator Sotto. She said that it is a landmark program in Visayas which addressed issues concerning violence against women.
INTERPELLATION OF SENATOR SOTTO (Continuation)

Upon motion of Senator Sotto, the session was suspended.

It was 3:36 p.m.

RESUMPTION OF SESSION

At 4:43 p.m., the session was resumed.

QUESTION OF PRIVILEGE OF SENATOR SOTTO

On a question of personal privilege, Senator Sotto reacted to criticisms and personal attacks against him from supporters of the RH bill for not believing in the UN-USAID--NSO statistics that 11 maternal deaths occur in the country daily. He stated that his disbelief lies in the credibility of the figures and the data collection process, as he pointed out that recently, another UN-WHO report indicated that there are four maternal deaths daily, as opposed to the earlier data presented. Relative to the conflicting data being presented, Senator Sotto disclosed that in 2008, when he was chair of the Dangerous Drugs Board, the UN Office on Drugs and Crimes released a report which

Resuming his interpellation, Senator Sotto emphasized that the data on daily maternal deaths should be accurate and must be reproductive-health related as maternal deaths might be due to other causes such as coronary and pulmonary diseases. He stated that those who affirm the data must prove their point, following the rules of debate and the maxim of law. But regardless of the figures, he said that reproductive health-related maternal deaths should be addressed but other causes should not be overlooked.

MONDAY, SEPTEMBER 5, 2011

225

Reacting thereto, Senator Cayetano (P) clarified that the figures came from the NSO which used a survey-based method following the direct sisterhood approach wherein the respondents were interviewed about the survival of their older sister, as opposed to the data produced by the WHO, UNICEF and UNFPA which is based on the Maternal Mortality Estimation Interagency Group - a secondary data. She explained that discrepancies are not uncommon when different methodologies are used, but she nevetheless maintained that undisputedly, the target for maternal death reduction has not been met in the country. She reiterated that the data she had presented in the past deliberations only included reproductive health-related considerations in tertiary hospitals. Senator Sotto asked if the Family Planning Organization of the Philippines (FPOP) is among the organizations supporting the RH bill. Senator Cayetano (P) answered in the affirmative, saying that the FPOP representative had attended the hearings and had expressed support for the bill. On whether the FPOP is funded by the International Plan Parenthood Federation (IPPF), Senator Cayetano (P) assumed it is since it represents the international organization in the Philippines. Senator Sotto disclosed that according to information, the IPPF gave the FPOP US$617,000 in 2010. Senator Sotto stated that he was not too keen on the different organizations pushing for the RH bill except that he was simply wary about their intentions. To illustrate, he noted the relation of the FPOP to the IPPF, which advocates abortion. He said that he would show links proving that FPOP supports abortion that has been constitutionally declared illegal in the Philippines. He then displayed the FPOP website where under the tab "What we have," the user is directed to the organization's brochures, one being IPPF's Medical and Service Delivery Guidelines. He disclosed that Chapter 12 of the brochure is titled "'Safe Abortion," and page 285 thereof provides for the "'Methods of Abortion" with "'Medical Methods" as one of the subtopics where the methods of abortion were thoroughly discussed by weeks of pregnancy. At this juncture, Senator Cayetano (P) clarified that the links about abortion were not that of the FPOP but of the international federation. She stressed that the FPOP merely mentioned its mother

federation, which supports abortion where it is legal.

In

countries

But Senator Sotto asserted that FPOP's support for abortion is also manifested by its connection to the Women and Waves Organization which is an organization advocating the legalization of abortion worldwide. Senator Cayetano (P) clarified that while the FPOP shares a common objective with international organizations in matters relating to access to contraceptives and family planning, it does not support the method of abortion in a country where it is illegal. Senator Sotto stated that FPOP should then remove said links from its website. In response, Senator Cayetano (P) said that she could make recommendations to the FPOP to claritY in its website that abortion is prohibited in the Philippines. She said that the matter was never discussed with the FPOP because the latter has already expressed its stand that it does not support abortion in the Philippines. Senator Sotto said that it cannot be denied that the FPOP is connected to these international organizations. He pointed out that on the Women on Waves website, its "Help" tab directs a user to a page which says in bold letters "SEXUAL HEALTH SERVICES AND ABORTION CLINICS WORLDWIDE" which, in turn, provides a long list of countries offering abortion which included the Philippines. He disclosed that the Philippine link leads the user to the FPOP's website, a member association of the lPPF which was founded with the help of Margaret Sanger. He disclosed that for more than three decades, IPPF has lobbied worldwide for the liberalization and eventual repeal of all laws that place restrictions on the access to abortion, emphasizing IPPF's Vision 2000 which seeks to legalize abortion in countries where the procedure is currently held to be unlawful. It is alarming, he said, that despite being connected to such an organization, the FPOP is one of the partners of the DOH Family Planning Program. On th is note, he asked whether the FPOP has declared to the Bureau of Internal Revenue the US$617,000.00 or nearly P25 million it received from the IPPF. In response, Senator Cayetano (P) said that she would inquire into the matter. On whether the Women's Global Network for Reproductive Rights (WGNRR) also supports the RH bill, Senator Cayetano (P) said that as far as she

226

MONDAY, SEPTEMBER 5, 2011 and counseled in a humane, non-judgmental

and compassionate manner.

knows said organization has not attended any of the committee hearings on the RH bill.
G)

Senator Sotto revealed that the WGNRR's head Dr. Sylvia Claudio, was frequently seen with Cong: Edcel Lagman during the deliberations on the RH bill in the House of Representatives, Senator Cayetano (P) clarified that Doctor Claudio was invited to the hearings in her capacity as representative of the UP Center for Women Studies, She said that the organizations which have made statements that are contrary to the country's public policy cannot be prevented fi'om supporting a measure that is consistent with its position, And she pointed out that these organizations might have programs that are of common interest but that she could not itemize the programs which are otherwise inconsistent She stressed that she could only rely on the fact that the Department of Health as the implementing agency, as well as any othel' F i!ipino and organ ization in the Philippines, would be duty bound under the Constitution not to implement any program on abortion, She stated that it is a free country and anyone can believe what he/she wants to bel ieve, except that abortion is illegal. She said that while she is more than happy to be enlightened on which organizations to be wary of, it does not in any way change the intention of the bill which is to support the Constitution and to never tolerate abortion, Upon further query, Senator Cayetano (P) confirmed that the Likhaan Center for Women's Health also supports the bill. Senator Sotto said that the said organization used to have in its website information about safe abortion under the caption "Mga Ligtas na Paraan ng Pagpapa/ag/ag," Senator Sotto asserted that affiliating with organizations, personalities, and institutions with questionable advocacies could mean affirming their ideology on promoting abortion, He cautioned that these organizations might be pushing the bill with the intention of inculcating the idea that there are certain means of abortion which are medically safe and feasible, and which could eventually be considered legal. In this regard, he cited Section 3(1) and Ul of the bill that could lead to that direction, to wit: (i) While this Act does not amend the penal law on abortion, the government shall ensure that all women needing care for postabortion complications shall be treated

Each family shall have the right to determine its ideal family size; Provided, however, That the State shall equip each parent with the necessary information on all aspects of family life, including reproductive health, in order to make that
detennination.

He feared that if the bill is passed into law, the government might be equipping a parent with the means to abort a child if the family has already exceeded the desired number of children, In response, Senator Cayetano (P) denied that such is intention of the bill, pointing out that there is a proper format to follow in presenting the bill in plenary and it could be amended only at the proper time. She stressed that there is nothing in subsection Ul that provides abortion as an option to a family, As to paragraph (i), she said that post-abortive care is a human right She lamented that there are people who believe that women who underwent abortion ought to be treated like criminal, abortion being a crime in the Philippines, and that it breaks their heart when hospitals treat them inhumanely. She disclosed that there are even some women who bled to death for want of medical attention in the hospitals. She said that she would fight for the right of any of these women to have the care she needed, stressing the emotional and psychological trauma that a woman goes through during an abortion, something that can never be understood by anyone who has not been in the same situation. Senator Sotto agreed with Senator Cayetano (P), saying that he would even be beside her in defending the woman. However, he stressed that the RH bill should be interpreted carefully since the organizations and personalities that are behind it are pro-abortion and that he would not want the RH bill to suffer the same fate as RA 9165 as exemplified in the recent dismissal of the case ag;inst the Alabang boys because the prosecution and the judiciary had conflicting interpretations. He lamented that 80% of the cases filed under said law had been dismissed. At this juncture, Senator Sotto said that he would defer his interpellation until the submission of the list of organizations lobbying for the passing of the RH bill.

MONDAY, SEPTEMBER 5, 2011

227

Responding thereto, Senator Cayetano (P) said that she appreciates Senator Sotto for pointing out the provisions in the bill because indeed they can be misinterpreted. She asserted that it is part of the legislative process to strengthen the provisions that any Member might feel to be lacking in strength or clarity and at the proper time, she would be more than happy to accept any amendments to strengthen the bill.

may be terms in the bill that are similar to those used in other agreements such as human rights treaties. She added that the bill might have also borrowed terminologies from similar measures filed in the last six Congresses. Asked whether foreign advisers were consulted in the crafting of the bill, Senator Cayetano (P) replied in the negative, as she explained that the Committee had asked the assistance of former Health Secretaries Cabral and Romualdez, nongovernment organizations, medical experts and human rights groups specifically to learn more about the effects of certain procedures or nuances of terminologies. On whether the bill also aims to establish a national policy for population and for development, Senator Cayetano (P) explained that personally, she did not want provisions on population development in the measure, but she acknowledged that a successful reproductive health policy would affect population growth. She clarified that it was not her intention to put a limit on the number of children in a family. She said that if it wanted to, the Body could discuss how the reproductive health policy would impact population and address it in the bill. Senate President Enrile pointed out that while the national policy on reproductive health is clearly embedded in the measure, the policies on population and development are not clearly stated therein. Senator Cayetano (P) stressed that the bill is not a population control program as it does not seek to impose a particular family size. Nevertheless, she expressed willingness to accept modifications to the bill during the period of amendments. To the concern about transparency and honesty in the drafting and presentation of the bill, Senator Cayetano (P) clarified that she would not mind amending the title of the bill, specifically to remove the reference to popUlation and development. But Senate President Enrile noted that the measure was cleverly crafted to put population as its centerpiece because the terms used in the sponsorship speech such as "fertility rate" as well as statistics on population, death and birth are all functions of population. Senator Cayetano (P) denied that there had been any such motive behind the drafting of the bill. She underscored her support for reproductive health with consequences, she acknowledged, on the population and development ofthe country.

INTERPELLATION OF SENATE PRESIDENT ENRILE

For the record, Senate President Enrile described the bill as unusual and one of the most important bills to be the subject of the Chamber's discussion, because it has a very telling impact on the future of the country and the people, specially in the vitality of the country not only as an economic, social or political organism but also as a subject of security. Senate President Enrile said that the bill also involves many factors such as one's notion of reality and existence, the beginning of life; one's religious belief, as well as equality and freedom. Asked by the Senate President on the philosophical basis of Senate Bill No. 2865, Senator Cayetano (P) clarified that the Committee drafted the bill and submitted it for plenary consideration based on the need to recognize that women and men and their families have reproductive health care needs which have remained unaddressed. As a senator, she believed that it would be improper for her to be biased toward any religion as the law should apply equally to every Filipino. She said that the measure, therefore, would make the same services available to all Filipinos. Asked whether the bi II had been drafted by the authors themselves, Senator Cayetano (P) explained that Senator Defensor Santiago was its principal author but that she, herself, rewrote and restructured the bill following consultations with various health experts which included two former health secretaries. Upon further queries, Senator Cayetano (P) clarified that some terms used in the bill came from existing laws such as the Magna Carta of Women, just so to standardize the terms. She said that while she never used a term specifically because it was defined in an international convention, there

228 Upon further queries, Senator Cayetano (P) stressed that the bi II does not have a popu lation policy because its objective is to establish a reproductive health policy that would, in effect, improve the quality of life of Filipinos, She gave assurance that the bill does not aim to allow the State to intervene in the rights of parents to decide on the number of their children, Senate President Enrile explained that he raised the issue because such a national policy would become a court problem once public funds are used to implement it He noted that the bill had been cleverly drafted as it uses neutral words without any definition that impacts on the mind of the reader, Asked whether the bill aims to promote economic, social, political or human development, Senator Cayetano (P) said that she and Senator Defensor Santiago were willing to have the term "POPULATION AND DEVELOPMENT" deleted from the title of the bill to resolve the issue, Moreover, she suggested that a provision that public funds shall not be used for population control be placed in the bill, She reiterated that while the bill aims to establish a reproductive health policy, consequently, the country's population will be affected and there will be development since a small-sized family would be able to provide better education and basic necessities, Senate President Enrile clarified that what he was concerned about is that the bill was unclear on many issues and it was his duty to expound on its vagueness and why it was so, He said that he could not clearly discern in the bill the extent of the policy on population as well as the policy on development Senate President Enrile stated that the first inkling that the issue of population has been embedded in Senate Bill No, 2865 is Section 2 (Statement of Policies), when it mentions "the right to sustainable development" and "International Conference on Population and Development (ICPD) and the Millennium Development Goals (MDGs)." He cited Section 3 (Guiding Principles for Implementation) which refers to responsible parenthood, social justice and human development but which were not reflected in the title of the bill, Further, Senate President Enrile noted that in her speech, the Sponsor used the phrase "enable individuals and couples to have the number of children they desire with due consideration to the health,

MONDAY, SEPTEMBER 5, 2011

particularly of women, and the resources available and affordable to them" which was well and good, He noted that Section 3 also speaks of: (1)(3) Conduct studies to analyze demographic trends towards sustainable human development; (h) Active participation by non-government,
women's and people's organizations, and
communities is crucial to ensure that

reproductive health and population and development policies, plans, and programs will address the priority needs of women, the poor, and the marginalized;

G) Each family shall have the right to determine its ideal family size; Provided, however, That the State shall equip each parent with the necessary information on all aspects of family life, including reproductive
health, in order to make that detennination.;

Adverting to Section 4 (Definition of Terms), Senate President Enrile cited the following subsections to wit: (m) Modem Methods of Family Planning refer to safe, effective and legal methods, whether natural or artificial; (n) Population and Development - refers to the conscious and explicit consideration of population and development variables (e.g.
health, environment, education, housing,

employment, etc.) in planning and policymaking, It puts people and human development as the primary consideration for any development initiatives;
(0) Reproductive Health (RH) - refers to the state of complete physical, mental and social wellbeing and not merely the absence of disease or infirmity, in all matters relating to the reproductive system and to its functions and processes, This implies that people are able to have a safe and satisrying sex life, that they have the capability to reproduce
and the freedom to decide if, when, and how

often to do so, This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction."; He noted that the use of the phrase "reproductive system and to its functions and processes" in subsection (0) means that there is an effect on the sexual act between a man and a woman when the process of bearing children operates.

MONDA Y. SEPTEMI3ER 5. 20 II

229 SEC 7. Access to Family Planning. - All accredited public and private health facilities shall provide a full range of modern family planning methods, except in specialty hospitals which may render such services on an optional basis. No person shall be denied information and access to family planning
services.;

(p) Reproductive Health Care - refers to a full range of methods, techniques, facilities and services that contribute to reproductive health and well being by preventing and solving reproductive health-related problems.; (q) Reproductive Health Care Program - refers to the systematic and integrated provision of reproductive health care elements to all
citizens especially women, the poor, mar-

ginalized and those in vulnerable conditions;

(s) Reproductive Rights - refers to the rights of individuals and couples, to decide freely
and responsibly whether or not to have

SEC. 9. Family Planning Supplies as Essential Medicines. - The National Drug Formulary shall include hormonal contraceptives, intrauterine devices, injectables and

children; the number, spacing and timing of their children; to make other decisions concerning reproduction, free of discrimination, coercion and violence; to have the infonnation and means to do so; and to attain the highest standard of sexual health and reproductive health; (u) Responsible Parenthood - refers to the will and ability of a parent to respond to the needs and aspirations of the family and children. It is likewise a shared responsibility between parents to determine and achieve the desired number of children, spacing and timing of their children according to their
own family life aspirations, taking into

other safe, legal and effective family planning products and supplies in accordance with Section 17 (d). These products and supplies shall also be included in the regular purchase of essential medicines and supplies of all national and local hospitals, provincial, city, and municipal health offices, including rural health units.; Senate President Enrile noted that seemingly, Congress is directing and dictating that intrauterine devices, condoms, injectables and birth pills are essential medicines.

account psychological preparedness, health

status, soc ia-eu Itural, concerns; and econom ie

SEC. 16. Public Awareness. - The DOH, Commission on Population (POPCOM) and the LGUs shall initiate and sustain a heightened nationwide multi-media campaign to raise the level of public awareness on the protection and promotion of reproductive health and rights including family planning.
He noted that it is in Section 16 that the Commission on Population, for the first time, comes into play.

He stated that subsection (u) seemed to imply that the richer one is, the more children one can have, and the poorer one is, the less children one should have. (z) Sustainable Human Development - refers to bringing people particularly the poor and vulnerable at the center of development process, the central purpose of which is the creation of an enabling environment in which all can enjoy long, healthy and creative lives, and done in a manner that promotes their rights and protects the life opportunities of future generations and the natural ecosystem on which all life depends. He stated that his understanding of subsection (z) is that population must be tailored according to the resources of the country and the economIc circumstances of the individual families. Further, Senate President Enrile cited the following sections, to wit:

SEC. 17. Duties and Responsibilities. - (a) Pursuant to the herein declared policy, the DOH shall serve as the lead agency, along with the LGUs, for the implementation of this Act and shall integrate in their regular operations the following functions:
Cd) The FDA shall issue strict guidelines with respect to the use of contraceptives, taking into consideration side effects or other harmful effects of their use. He stated that the bill, in effect, admits that there is a contra-indication to the use of contraceptives as they can be harmful to the health of the women using them. Also, he pointed out that Sections 20 (Reporting Requirements) and 21 (Appropriations) imply

230
population control and population policy. He said that one has to wade through the verbiage cleverly woven in the bill to understand its real and hidden purpose and intent. He surmised that the bill did not merely intend to deal with reproductive health, but that its covert and hidden central and real purpose is the demographic and population control through sustained and deliberate reduction of Filipino family size through birth control. He added that the term "reproductive health" was contrived and was used as a clever and convenient mask for the primary objective of the bill which is birth control as a tool to control the population of the country. Senate President Enrile pointed out that established in the Constitution are 28 state policies, to wit: Section 9. The State shall promote ajust and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. Section 10. The State shall promote social justice in all phases of national development. Section II. The State values the dignity of every human person and guarantees full respect for human rights. Section 12. The State recognizes the sanctity of family life and shall protect and strengthen the family as a basic autonomous social institution. It shall equally protect the life of the mother and the life of the unborn !Tom conception. The natural and primary right and duty of parents in the rearing of the youth for civic efficiency and the development of moral character shall receive the support of the Government. He said that his reading of the Constitution is that it is the life that is sacred and not the physical being of the object. Section 13. The State recognizes the vital role of the youth in nation-building and shall promote and protect their physical, moral, spiritual, intellectual, and social well-being. It shall inculcate in the youth patriotism and nationalism, and encourage their involvement in public and civic affairs. Section 14. The State recognizes the role of women in nation-building, and shall ensure

MONDAY, SEPTEMBER 5, 201 1

the fundamental equality before the law of

women and men.

Section 15. The State shall protect and promote the right to health of the people and instill health consciousness among them. Section 16. The State shall protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development. Section 24. The State recognizes the vital role of communication and infonnation in nation-building. Senate President Enrile noted that Section 2

(State Policies) of the bill does not mention population

policy, although it is in the title of the bill. He proceeded to read said section, to wit: SEC. 2. State Policies. - The State recognizes and guarantees the human rights of all persons including their right to equality and non-discrimination of these rights, the right to sustainable human development, the right to health which includes reproductive health, the right to education and information, and the right to choose and make decisions for themselves in accordance with their religious convictions, ethics, cultural beliefs, and the demands of responsible parenthood. The State shall comply with all its international obligations under various human rights instruments relative to reproductive health and women's empowerment including the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights (ICESCR), Beijing Declaration, UN Declaration on the Elimination of Violence Against Women (DEVAW), Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), International Conference on Population and Development (ICPD) and the Millennium Development Goals (MDGs). Senate President Enrile stated that the aforecited paragraph incorporated international convenants into the country's legal system. And he continued:

#(b

MONDAY, SEPTEMBER 5, 2011

231

Moreover, the State recognizes and guarantees the promotion of gender equality, gender equity, women empowerment and dignity as a health and human rights concern and as a social responsibility. The advancement and protection of women's human rights shall be central to the efforts of the State to address reproductive health care. The State also recognizes and guarantees the promotion of the welfare and rights of children and the youth. The State likewise guarantees universal access to medically-safe, effective, legal, affordable, and quality reproductive health care
services, methods, devices, supplies and rele-

PrefatoriIy, Senator Defensor Santiago expressed appreciation for Senate President Enrile's efforts to astutely analyze the provisions of the Constitution. She gave assurance that any word in the bill that might be construed as supportive of the Kissinger Doctrine would be avoided. Asked on the Kissinger Doctrine, Senator Defensor Santiago clarified that it originated from Henry Kissinger, a former U.S. State Secretary, who formulated a memorandum (National Security Study Memorandum 200), stating that as much as possible, developing countries should be encouraged to limit their population so as not to deplete their natural resources, thus, leaving surplus natural resources for the United States and its Western allies to exploit. On this basis, she disclosed that developing countries have been traditionally suspicious of the West for any efforts to limit their popUlation. She asserted that if there is any attempt by foreign powers like the United States to use the reproductive health movement as a Trojan horse for the population control policy of the United States, the authors of the RH bill would do their best to craft its language more carefully, In fact, she stated that if there is any objection to a particular language in the bill, they would be glad to delete the same during the period of amendments. Senator Defensor Santiago agreed that the West should not be allowed to dictate to any developing country on how many its population should be. She gave assurance that she and Senator Cayetano (P) would be willing to delete any provision that gives the Philippine government the power to dictate to parents the number of their children. On the questions about the state policies enumerated in the bill, Senator Defensor Santiago pointed out that the Senate has passed many measures with their own separate provisions of policies and they were signed into law by the President without any question on whether they contradicted or added to state policies enumerated in the Constitution, However, she said that if the statement of policies in the bill runs afoul with that of the Constitution, the policies established in the latter automatically prevail. She clarified that the statement of policies is merely intended to aid in the interpretation and eventual enforcement of the provisions in the bill. As regards certain international covenants or treaties cited in the statement of policies of the bill, Senator Defensor Santiago pointed out that these treaties have already been ratified and concurred in

vant information and education thereon according to the priority needs of women, children and other underprivileged sectors.

The State shall address and seek to eradicate discriminatory practices, laws and policies that infringe on a person's exercise of sexual health and reproductive health and rights. Senate President Enrile pointed out that the fourth paragraph is not found in the Article on State Policies of the Constitution. Thereupon, he raised the following questions: I. What is the purpose of Section 2 of the Constitution vis-a-vis Senate Bill No. 2865? Are the state policies in the Constitution relevant to the state policies of the bill? Is it sufficient to speak of the state policies in the Philippines? Did the authors and sponsors of the bill believe that the relevant state policies in Article II of the Constitution inadequate? Do the authors and sponsors of the bill intend to expand or limit relevant state policies as established in Article II of the Constitution? Does Section 2 of Senate Bill No. 2865 intend to amend the Constitution? What justifies the inclusion of the last two paragraphs of Section 2 of the bill? Is the second paragraph of Section 2 of the bill justified in light of the treaty-ratifying power of the Senate? Should international agreements, declarations, conventions and covenants be ratified by the Senate? May Congress usurp the special power of the Senate to ratify treaties and international agreements which are obligatory to the Philippines?

2.

3.

4. 5. 6.

7.

8.

232

MONDAY, SEPTEMBER 5, 2011

by the Senate and therefore are part of and fall under the constitutional provision that international law shall be part of the law of the land. She emphasized that the treaty-making process is initiated by the President who authorizes delegations from the Philippines to attend certain conferences- the results generally labelled as treaties, must first pass the approval and ratification of the President of the Philippines. She noted that these documents, i.e., International Covenant on Civil and Political Rights, the Covenant on Economic, Social and Cultural Rights, etc., shall all be ratified by the Philippine Senate. Asked on the nature of the Beij ing Declaration which was mentioned in the bill, Senator Defensor Santiago clarified that it is not a treaty and that the Philippines is merely a state-party to a declaration of good intentions. She stated that the government simply authorized the Philippine delegation to officially sign the declaration of policies but it is not binding, hence, it is not necessary to send the document to the President for ratification or to the Senate for
concurrence.

of man and woman as creatures of God, as evidenced by the definition of "reproductive health." Senate President Enrile proceeded to read the definition of the term, as follows: "Reproductive Health (RH) - refers to the state of complete physical, mental and social well-being and not merely the absence of disease or infirmity in all matters relating to the reproductive system and to its functions and processes. This implies that people are able to have the capability to reproduce and the freedom to decide if and when an how often to do so. This further implies that women and men attain equal relationships in matters related to sexual relations and reproduction." He stated that said definition is likewise implied in the definition of "sexual health," which "refers to a state of physical, mental and social wellbeing in relation to sexuality. It requires a positive and respectful approach to sexuality and sexual relationships, as well as the possibility of having pleasurable and safe sexual experiences, free from coercion, discrimination and violence." He argued that the bill, in promoting sex without fear of pregnancy, opens the country to sexual promiscuity with the free distribution of condoms, contraceptive pills and injectables; and it would remove the fear of pregnancy for married and unmarried women, which could lead to the prevalence of infidelity on the part of some married women, the sexual unruliness of adolescent and teenage female children, and the consequent erosion of parental control over adolescent and teenage daughters. In addition, Senate President Emile posited that the bill is anti-poor since it seeks to lessen the number of children of poor families to solve povelty, and in so doing, it discriminates against the poor and marginalized which it seeks to help. In effect, he argued that the bi 11 connotes that the rich can have as many children as they wish, while the poor cannot and that instead, they must limit the number of their children to what they can afford to support. In brief, Senate President Enrile stated that the underlying policy behind Senate Bill No. 2865 is to contract the population of the country - to lessen the number of people who will share in the economic pie instead of enlarging the same, to be shared by all. The policy, he believed, should be to open the country to massive local and foreign investments and create jobs, instead of controlling births to reduce the population. He disclosed that this is the reason

Asked if the Beijing Declaration can be a source 01' obligation or right, Senator Defensor Santiago explained that it cannot be directly invoked by any person who is engaged in litigation, but may possibly be invoked in a state-to-state Iitigation such as when one state sues the Philippines for alleged failure to comply with its duties under the declaration, granting the President has authorized a certain course of action. Senator Defensor Santiago stated that she would certainly denounce any effort, explicit or otherwise, by Western allies to give grants and other forms of material assistance to control Philippine population, as it is anathema to Senator Cayetano (P) and herself. To avert such possibility, she assured that she and Senator Cayetano (P) would clean the language of the bill to avoid any misinterpretation or misunderstanding that the bill seeks to control the population. Reacting thereto, Senate President Emile posited that the bill allows parents to determine the number of children they will have, the spacing and timing of their bilths, and for that purpose, it obligates the State to use public funds and government facilities to provide the parents information and means to accomplish their decision. In so doing, he noted that the bill is promoting unlimited sex for mere pleasure and self-gratification rather than to serve the nature

MONDAY. SEPTEMBER 5. 2011

233

why he and the House Speaker have advocated a review of the Constitution so as to remove all barriers to investments in the Philippines, if only to solve the problem on poverty. He asserted that reducing the population to produce a semblance of economic progress is a tricky way of dealing with the problem of poverty and likewise a political trickery against the people. Senate President Enrile stated that the Philippines should learn from many affluent countries that have aging population and cannot sustain the required manpower to serve their economy and their security interest. He feared that the bill would lead the country to a situation where there would be less workers, less consumers, less taxpayers, and less people to maintain and assure the security of the Republic. As regards the budgetary requirement, Senate President Enrile noted that P3 billion is not enough to support the program because any disease that can cause eclampsia or other complications, for instance, would be a function and responsibility of the bill. On the matter of gender equality, Senate President Enrile believed that the bill would grant both spouses the right to demand or deny sex. That being the case, he said that there is no need for condoms, pills, injectibles and other modes of contraceptives. He asked if pregnancy is a disease to be cured or to be prevented and if there is a special reason why the bill used the term "gender equality" rather than "sex equality." As regards national security, Senate President Enrile opined that the bill would suck out the vitality of the country's future by having less young people to secure the country and its people. He warned that if government tinkered with population, its people asset would suffer just as it is now affecting countries that have adopted reproductive health. Senate President Enrile stated that economically, the problem of poverty is tied to the uneven distribution of resources and economic development, and he noted a strong bias in favor of higher deployment of resources and economic development in urbanized areas like Metro Manila and other cities. He pointed out that Senate Bill No. 2865 advocates birth control unabashedly without rein and he called attention to less developed countries that have adopted, sustained and engaged in deliberate reduction of family size

and ran the risk of less working age population and more aging population. He stated that demographers have predicted that within the next 30 years, the global supply of potential workers would grow much slowly than in the last two decades, and according to the Census Bureau, in the next 20 years, the increase in the world's working age would be about .9% annually or 900 million, 45% less between 1990 and 20 I O. He stressed that as young manpower, ages IS to 29, becomes scarcer, older manpower, ages 50 to 64, becomes increasingly abandoned. He warned that time would come when the elderly population would outnumber the lahor force and the shrinking young population would not be able to sustain the elderly population. He said that the State would have to re-spend public funds to take care of the incapable elderly population. He added that countries with well-developed pension system cannot sustain the soundness of their pension because of the imbalance between the size of the active labor force and the size of the dependent population. Senate President Enrile cautioned that the country has no sound and dependable pension system and so couples are induced to have four to five children so that they could rely on them for support when they retire. However, he said that according to Dr. Rosalinda Valenzona, a seasoned resource speaker on popUlation and economics, ideally, the birth group at the base should always be wider than the older group in order to ensure that the labor force would always be bigger than the retiring group. By doing so, he said, it would be guaranteed that the elderly would be adequately supported by the younger group.

In addition, Senate President Enrile stated that in her "A Paradigm for Demography," Dr. Valenzona observed that the Philippines is not overpopulated; it is inequitably distributed, and that based on the 2007 figures on Philippine population, Dr. Valenzona noted that there are some provinces that are not as densely populated as the others. Granting that it is not the deliberate policy of the government to control population and that is not the intent of the bill, he argued that it is obvious that the end-result of promoting contracepton would still be to control population through the sustained and deliberate reduction of the size of Filipino families through birth control.
He pointed out that countries with advanced economies such as those in Europe, the United States, Japan and Singapore are dangerously affected

234

MONDAY, SEPTEMBER 5, 2011

by the declining population because oftheir aggressive campaign for population control and support for contraception as a tool to control birth rates. He stated that birth reduction through birth control and its iII effects date back to the time of the Greek thinker and philosopher Polybius (204-122 B.C.). Citing page 3 of Steven W. Mosher's Population Control: Real Costs, Illusory Benefits, he quoted Polybius, to wit: "One remarks nowadays all over Greece such a diminution in natality and in general manner such depopulation that the towns are deserted and the fields lie fallow. Although this country has not been ravaged by wars or epidemics, the cause of the hanns is evident: by
avarice or cowardice the people, if they marry,

population is a "false dogma." What, he asked, if population controllers, radical environmentalists, selfserving politicians, etc. were wrong about breeding a race off the face of the planet. Senate President Enrile observed that reproductive health stakeholders have been peddling worst case scenarios, citing James Coleman and Donald Cressey who wrote in Social Problems, 1990, that: The world's population is exploding. The number of men, women, and children is now over 5 billion. If the current rate of growth continues, the world's population will double again in the next 40 years. The danger of runaway population growth can be seen in historical prospective. It talked old history until 1800 for the world's popUlation to reach I billion people. But the next I billion was added in only 130 years, 1800 to 1930. The next billion after that in 30 years, 1930 to 1960 and the next in 15 years, 1960 to 1975. The last billion people were added in only 12 years, 1975 to 1987. If this trend of runaway population growth continues, the world will soon be adding a billion people a year and eventually every month." He also quoted Mosher, to wit: Even the most frantic of population now agree that the world's population in the early 1900s was only increasing by some 90 million per year and increments which has since fallen to 75 million, there was zero chance that the world would soon be adding a billion people a year, much less every month. But literally, millions of college students learn otherwise, and like me, began to be obsessed about the numbers. Senate President Enrile stated that over six billion of anything is a mind-blogging number, not just for the numerically challenged. He said that few people have the independence of mind to grasp what the numbers truly represent. He surmised that a victory over early death is being won by advances in health, nutrition and wellness. He said that even fewer people are aware that the world's population will never double again and that it is, in fact, already close to its apogee. He said that he had lived through the unprecedented doubling of the global population in the second half of the 20th century. He stated that never before in human history had the numbers

will not bring up the children they ought to have. At most they bring up one or two. It is this way the scourge before it is noticed is rapidly developed. The remedy is in ourselves; we have
but to change our morals."

Quoting Steven W. Mosher, Senate President Em'ile lamented that the bill preaches the notion that "It is necessary to practice inhumanity in order to save humanity." He stated that the real problem is the crashing birthrate or "population implosion" as Mosher puts it and that it is "white pestilence" and not population explosion. He quoted Mosher further, to wit: Most of us grew up on a poisonous diet of overpopulation propaganda. Remember the lifeboat scenario in high school biology where we have to decide who we're going to push overboard, lest we all die? Recall the college
class in which we were asigned to read Paul

Ehrlich's DepopulatIOn Bomb which begins with the author mournfully intoning "The battle to feed all humanity is over. And ends by
advocating the abandonment of entire

continents to famine and death in order to "cut out the cancer of population growth." He also mentioned former Vice President AI Gore's waming of an environmental holocaust without precedent, a "black hole that would engulf us if we do not stop having babies." He noted that Gore fed most of the people the nasty theory that there were too many people and that it is necessary to practice inhumanity in order to save humanity. Senate President Enrile questioned these beliefs, adding that maybe, as Jacquiline Kasun puts it, over

MONDAY, SEPTEMBER 5, 2011

235

increased so far so fast - from three billion in 1960 to six billion in 2000. He quoted Erlich and company who said "the numbers did not double because people suddenly started breeding like rabbits, it doubled because people stopped dying like flies." Senate President Enrile stated that the fertility rate fell from an average of 6% in 1960 to only 2.6% in 2000; on the other hand, life expectancy at birth was steadily rising from 46 years from 1950 to 1955 to over 65 years from 2000 to 2005, with the less developed countries experiencing the most dramatic increase wherein life span lengthened from 41 years to 63 Y, years. He stressed that one does not have to be a rocket scientist to understand the numbers. He posited that with everyone living half as long today, there will be more people around at any given time but the longer life spans, in fact, account for about half of all population growth over the last half century. Senate President Enrile remarked that billions of people have cheated death for decades which would seem a cause for celebration but not for population control enthusiasts who were too fixated on numbers. He observed that those riding the population train to fame, fortune and government funding scarcely seem to notice the improved life spans, He stated that these people seemed completely oblivious to what demographer Joel Cohen called "The Most Demographic Event in History," when the population growth rate peaked and began to fall in 1965, He said that from add ing 2.1 % to the world's popUlation each year before 1965, the world population growth dropped to an increment of only 1.2% in 2002. He stated that to put the matter plainly, the popUlation train began to break in 1965 and it has been losing
momentum ever since.

Further, Senate President Enrile pointed out that the old demographic transition charts show birth rates leveling off precisely at the replacement rate. He remarked that many of today's young adults in Europe and elsewhere in the world are too enamored of sex, the city and the single life to think about marriage, much less about replacing themselves. As an example, he said that a single Swedish woman may eventually bear one child as her biological clock approaches midnight but she is unlikely to bear a second child, He said that the declining number of traditional families has been unable to fill the fertility gap thus created and this is the real population crisis. Reducing the amount of human capital available, he asserted, would have a dramatic impact on every aspect of life, Senate President Enrile also quoted management guru Peter Drucker who wrote in 1997 that "the dominant factor for business in the next two decades absent war, pestilence or collision with a comet was not going to be economics or technology, It would be demographics." He said Drucker was particularly concerned with the increasing under-population of the developed countries and according to him, the real problem is not population explosion but population implosion. He observed that a decade later, this productive malaise has spread over the less-developed world and was truly a global phenomenon. At this point, Senate President Enrile manifested that he would suspend his interpellation for the meantime and continue at a later time, Senator Defensor Santiago observed that the questions of Senate President Enrile were very extensive but responding thereto, she made the following observations: 1) Dr. Valenzona is not a demographer or an economist, she is simply a former employee of the DSWD; 2) Peter Drucker is not an authority in economics or in demographics, but a "pop" or popular futurologist. These people write books that are meant to cater to the layman and are not quoted in scientific or technical journals; 3) On the use of "gender equality" - the term is a term of art in the United Nations vocabulary. The United Nations probably prefers to use "gender" rather than "sexual equality" because most people associate "sex" only to the male

On the matter of over-population, Senate President Enrile said that human numbers are always exploding but a close look at the real world revealed a different reality. He disclosed that the unprecedented fall in fertility rates that began in post-war Europe has, in decades since, spread to every corner of the globe affecting China, India, Middle East, Africa and Latin America. He noted that the latest forecast of the United Nations showed the number of people in the world shrinking by mid-century, even before today's young adults reach retirement age. He stated that many nations, especially in Europe, are already in the death spiral, losing a significant number of people each year.

,VI-('6

236

MONDAY, SEPTEMBER 5, 2011

and female; "gender" is used by the United Nations because it always wants to be as inclusive as possible and wants to include not only the traditional sexes of male and female but also those who fall in between, On the substantive points raised by Senate President Enrile, Senator Defensor Santiago said that the statement of Pope Paul VI in one of the encyclical that "every marriage act should be open to procreation" was later interpreted by people who write so-called exegesis on the Bible or on encyclicals to mean that every time married couples have sex, they should take no measures or adopt no devices that might possibly prevent pregnancy, But she disagreed on the ground that her conscience does not tell her that it is wrong to have sex without producing a baby, She opined that sex for its own sake is a perfectly natural and perhaps even God-given desire on the part of God's creatures, She recalled that in her sponsorship speech, she mentioned that after Vatican II, many questioned the authority of the Pope who did not invoke his authority to speak infallibly or say that he was issuing an infallible statement which was a principle in itself in the Catholic Church, She said that the Pope's statement that no marriage act should be closed to procreation caused controversy for the reason that many Catholics believe that what happens in the bedroom, from a legal standpoint, is a matter of privacy protected by the Bill of Rights of the Constitution and a matter of religion on the basis of primacy of conSCience, Senator Defensor Santiago pointed out that Pope Benedict XVI, when he was still bishop in Germany, said that when there is an apparent conflict between the conscience of a Catholic on the one hand, and on the principles or dogma of the Church on the other hand, "it is the primacy of conscience which must prevail." On to the so-called demographic winter, Senator Defensor Santiago said that there are so many people who scare other people with the possibility that in the future, everyone will be old if people continue to try to control birth, She emphasized that the bill is not a birth control or family planning measure, and it does not intend to compel any person to limit the number of his or her children, On the argument that the Philippines is not overpopulated but that its population is simply mal-

distributed, Senator Defensor Santiago said that it would have been an easy matter if one can just haul the inhabitants of a highly-populated island to another island which has no population or very small population because then that would solve the problem of maldistribution of population as alleged. However, she reminded the Body that in a 1935 case, the Philippine Supreme Court held it unconstitutional to forcibly remove people from where they are living and to transfer them to another place in the Philippines. She said that the case involved a couple of prostitutes who were rounded up in Manila and ordered by the Manila City Mayor to be ferried by cargo ship to Mindanao. She said that the Supreme Court held that the act was an invalid exercise of police power. Reverting to the issue of distribution of wealth, even assuming for the sake of argument that there was indeed maldistribution of population, Senator Defensor Santiago argued that it is not practicable to redistribute the population. She believed that the Philippines can achieve all its economic goals, particularly parity and prosperity for every Filipino, by simply concentrating on the economics and rescinding fi'om or simply ignoring the question of how many children the poor ought to have. She stressed that the question is not whether the poor should have as many children as the rich. She observed that the poor have a lot of children that they cannot afford to raise while the rich have fewer children because they have enough resources to access information on how to limit their children which they voluntarily do. She noted that based on statistics the more educated the parents are, the less children they have because they understand the consequences of what unrestrained procreation brings not only to the nation in terms of abstract entities like economics or demographics but also to the child itself. She said that every child is a responsibility to a parent and there is no parent, rich or poor, who wants to bring up a child in extreme poverty and endanger the child's survival. She stated that this is not a question of whether the rich can breed as much as possible and whether the reproductive output of the poor ought to be limited. She stressed that it is a question of educating the very poor woman crying out for help. Senator Defensor Santiago said that she and Senator Cayetano (P) could not fully understand why knowledge is resisted with so much acrimony. She emphasized that the measure does not compel any woman to make particular use of condom or

MONDAY, SEPTEMBER 5, 20 II

237 NEXT DAY'S AGENDA Senator Sotto manifested that the following measures would be taken up the next day's session: Senate Bill No. 2861 (Committee Report No. 48) ~ An Act Limiting the Term of Office of the Regular Members of the JBC; and Senate Bill No, 2818 (Committee Report No, 37) -- An Act Strengthening the Functional and Structural Organization of the Commission on Human Rights, and for Other Purposes, ADJOURNMENT OF SESSION Upon motion of Senator Sotto, there being no objection, the President Pro Tempore declared the session adjourned until three o'clock in the afternoon of the following day.

contraceptives or any other contraceptive device, and that it merely seeks to give information to a poor woman, the same information that is available to a rich woman, and in that way, enforce the equal protection clause of the Constitution, As regards the so-called prospect of demographic winter, she said that statistics do not support the argument that if the country continues at the present rate, very soon, most Filipinos will be very old and would no longer be able to properly support the economy in terms of goods and services, She noted that at present, the Philippines has a population growth rate of 2,04% and according to statistics, even if the country continued to proceed at this rate, it would take 70 years before it reaches the so-called demographic winter, thus, there is no immediate danger. She said that she would go back to this subject at the close of the debates on the measure, Senate President Emile stated that every point raised by Senator Defensor Santiago was alright with those against the measure for as long as the State does not intervene, He agreed that money ought to be spent to educate the people about the choices available to them, However, he asked on the curative value of using condoms, pills and other contraceptive devices, At this juncture, Senate President Emile reserved his right to continue his interpellation at a later time. SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2865 Upon motion of Senator Sotto, there being no objection, the Body suspended consideration of the bill.

It was 5:58 p,m.

[ hereby certify to the correctness of the foregoing,

EM~YES ~~
Secretary of the Senate,.

Approved on September 6, 2011