Congressional Record

PLENARY PROCEEDINGS OF THE 15th CONGRESS, FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES
Vol. 4 RESUMPTION OF SESSION At 4:00 p.m., the session was resumed with Deputy Speaker Arnulfo P. Fuentebella presiding. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Dep. Majority Leader is recognized. REP. GUNIGUNDO. Mr. Speaker, I move that we proceed to the Additional Reference of Business. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. The Secretary General will please read the Additional Reference of Business. ADDITIONAL REFERENCE OF BUSINESS The Secretary General read the following House Bills and Resolutions on First Reading, Message from the President, Messages from the Senate and Committee Reports, and the Deputy Speaker made the corresponding references: BILLS ON FIRST READING House Bill No. 4783, entitled: AN ACT DEFINING AND PROVIDING FOR MORE SEVERE PENALTIES FOR LARGE SCALE EXPLORATION AND EXPLOITATION OF CORALS, CORALS REEFS, AND THE FISHING OR TAKING OF THREATENED OR ENDANGERED SPECIES, AND OTHER SIMILAR ACTS OF DESTRUCTION OF OUR MARINE AND AQUATIC RESOURCES, AMENDING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT NO. 8550, OTHERWISE KNOWN AS THE PHILIPPINE FISHERIES CODE OF 1998 By Representative Gomez TO THE COMMITTEE ON NATURAL RESOURCES House Bill No. 4784, entitled: AN ACT PRESCRIBING THE COMPENSATION OF BARANGAY OFFICIALS AND THEIR MEMBERSHIP IN THE GOVERNMENT SERVICE INSURANCE SYSTEM Tuesday, June 7, 2011 No. 73a By Representative Golez (A.) TO THE COMMITTEE ON APPROPRIATIONS AND THE COMMITTEE ON GOVERNMENT ENTERPRISES AND PRIVATIZATION House Bill No. 4785, entitled: AN ACT DEFINING THE DUTIES AND OBLIGATIONS OF BICYCLIST, ESTABLISHING A LOCAL BIKEWAYS OFFICE, PROVIDING INFRASTRUCTURE IN RELATION THERETO AND PRESCRIBING PENALTIES FOR VIOLATIONS THEREOF By Representative Calixto-Rubiano TO THE COMMITTEE ON TRANSPORTATION House Bill No. 4786, entitled: AN ACT ABOLISHING THE SANGGUNIANG KABATAAN, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 7160, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 By Representative Garcia (P.) TO THE COMMITTEE ON LOCAL GOVERNMENT House Bill No. 4787, entitled: AN ACT RESTRUCTURING THE EXCISE TAX ON DISTILLED SPIRITS AMENDING FOR THE PURPOSE SECTION 141 OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED By Representative Mandanas TO THE COMMITTEE ON WAYS AND MEANS House Bill No. 4789, entitled: AN ACT GRANTING MANDATORY GOVERNMENT SUPPORT FOR TRIPLETS, QUADRUPLETS AND HIGHER ORDER MULTIPLE BIRTHS, PROVIDING FUNDS THEREFOR AND FOR OTHER PURPOSES By Representatives Colmenares and Casio TO THE COMMITTEE ON POPULATION AND FAMILY RELATIONS House Bill No. 4792, entitled: AN ACT RECLASSIFYING CERTAIN PARCELS OF LAND OF THE PUBLIC DOMAIN LOCATED IN BARANGAYS CABIGAAN, MAGBABADIL, BARAKE, IRAAN, SAGPANGAN, ISAUB, SAN JUAN, APURAWAN AND CULANDANUM OF

2 THE MUNICIPALITY OF ABORLAN, PROVINCE OF PALAWAN AS ALIENABLE AND DISPOSABLE LAND By Representatives Socrates, Alvarez (A.) and Payuyo TO THE COMMITTEE ON NATURAL RESOURCES House Bill No. 4793, entitled: AN ACT AMENDING SECTION 35(B) OF REPUBLIC ACT NO. 8424, OTHERWISE KNOWN AS THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED BY REPUBLIC ACT NO. 9504 By Representative Mandanas TO THE COMMITTEE ON WAYS AND MEANS House Bill No. 4794, entitled: AN ACT PROVIDING INCENTIVES FOR THE MANUFACTURE, ASSEMBLY, CONVERSION AND IMPORTATION OF ELECTRIC, HYBRID AND OTHER ALTERNATIVE FUEL VEHICLES, AND FOR OTHER PURPOSES By Representative Mandanas TO THE COMMITTEE ON WAYS AND MEANS AND THE COMMITTEE ON TRADE AND INDUSTRY House Bill No. 4795, entitled: AN ACT REDEFINING BUSINESS FOR LOCAL GOVERNMENT TAX PURPOSES, AMENDING FOR THE PURPOSE SECTION 131(D) OF REPUBLIC ACT NO. 7160, AS AMENDED, OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 By Representative Osmea TO THE COMMITTEE ON LOCAL GOVERNMENT House Bill No. 4797, entitled: AN ACT REGULATING THE DONATION AND TRANSPLANTATION OF HUMAN ORGANS AND TISSUES FROM LIVING DONORS By Representative Lopez (C.J.) TO THE COMMITTEE ON HEALTH House Bill No. 4798, entitled: AN ACT AMENDING SECTION 461, PARAGRAPH (b) OF THE LOCAL GOVERNMENT CODE OF 1991 By Representative Matugas TO THE COMMITTEE ON LOCAL GOVERNMENT House Bill No. 4799, entitled: AN ACT PENALIZING PERSONS DRIVING UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGES AND/OR DRUGS AND FOR OTHER PURPOSES By Representative Relampagos TO THE COMMITTEE ON TRANSPORTATION House Bill No. 4800, entitled: AN ACT TO INCLUDE THE VALUE-ADDED TAX BEING COLLECTED BY THE BUREAU OF

TUESDAY, JUNE 7, 2011 CUSTOMS IN THE COMPUTATION OF THE SHARE OF LOCAL GOVERNMENT UNITS IN THE NATIONAL INTERNAL REVENUE TAXES PURSUANT TO THE FORMULA ENSHRINED UNDER SECTION 285 OF REPUBLIC ACT NO. 7160 AS AMENDED OTHERWISE KNOWN AS THE LOCAL GOVERNMENT CODE OF 1991 By Representative Fortuno TO THE COMMITTEE ON WAYS AND MEANS RESOLUTIONS House Resolution No. 1355, entitled: A RESOLUTION DIRECTING THE COMMITTEE ON NATURAL RESOURCES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION ON REPORTS THAT GENERAL SANTOS CITY IS ON THE ANIMAL SMUGGLING ROUTE By Representatives Rodriguez (M.), Acharon and Rodriguez (R.) TO THE COMMITTEE ON RULES House Resolution No. 1356, entitled: A RESOLUTION DIRECTING THE COMMITTEE ON AGRICULTURE AND FOOD TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE STATE OF THE PHILIPPINE BANANA INDUSTRY IN LIGHT OF REPORTS THAT THERE ARE ATTEMPTS TO PUSH FOR THE RE-IMPOSITION OF HECTARAGE LIMITS ON BANANA PLANTATIONS AND AUSTRALIAS IMPOSITION OF STRICTER IMPORT REQUIREMENTS FOR PHILIPPINE BANANAS By Representatives Rodriguez (R.) and Rodriguez (M.) TO THE COMMITTEE ON RULES House Resolution No. 1357, entitled: A RESOLUTION DIRECTING THE COMMITTEE ON BANKS AND FINANCIAL INTERMEDIARIES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTS THAT BANKS IN THE PHILIPPINES ARE LAGGING BEHIND OUR REGIONAL COUNTERPARTS IN TERMS OF USING BANKING ANALYTICS By Representatives Rodriguez (R.) and Rodriguez (M.) TO THE COMMITTEE ON RULES House Resolution No. 1358, entitled: A RESOLUTION DIRECTING THE COMMITTEE ON GOOD GOVERNMENT TO INVESTIGATE, IN AID OF LEGISLATION, THE ALLEGEDLY IRREGULAR, ANOMALOUS AND ILLEGAL SALE OF THE 6.5 HECTARES QUEZON INSTITUTE PROPERTY, TO THE PREJUDICE OF THE GOVERNMENT AND THE FILIPINO PEOPLE, AND TO RECOMMEND APPROPRIATE LEGISLATION By Representative Evardone TO THE COMMITTEE ON RULES

TUESDAY, JUNE 7, 2011 House Resolution No. 1359, entitled: A RESOLUTION FOR THE COMMITTEE ON HEALTH AND THE COMMITTEE ON ECOLOGY TO DIRECT THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) TO ESTABLISH STANDARDS FOR THE USE OF INCINERATORS IN THE DISPOSAL OF MEDICAL AND INFECTIOUS BIO-WASTES AND OTHER SOLID WASTES AND FOR OTHER PURPOSES By Representative Palmones TO THE COMMITTEE ON RULES House Resolution No. 1360, entitled: RESOLUTION EXPRESSING THE PROFOUND CONDOLENCE OF THE HOUSE OF REPRESENTATIVES ON THE DEMISE OF THE HONORABLE CONRADO F. ESTRELLA SR., A MEMBER OF THE BATASAN PAMBANSA By Representatives Teves and Guanlao TO THE COMMITTEE ON RULES House Resolution No. 1361, entitled: A RESOLUTION DIRECTING THE APPROPRIATE HOUSE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, REGARDING THE COMPLIANCE OF THE DEPARTMENT OF ENVIRONMENT AND NATURAL RESOURCES (DENR) AND THE MINES AND GEOSCIENCES BUREAU (MGB) TO REPUBLIC ACT NO. 7942 OTHERWISE KNOWN AS THE PHILIPPINE MINING ACT OF 1995 AND OTHER EXISTING LAWS, PARTICULARLY ON THE ISSUANCE OF EXPLORATION PERMITS IN FOREST RESERVES By Representative Haresco TO THE COMMITTEE ON RULES House Resolution No. 1362, entitled: RESOLUTION EXTENDING SYMPATHY AND CONDOLENCES FROM THE MEMBERS OF THE NATIONALIST PEOPLES COALITION (NPC) PARTY TO THE BEREAVED HONORABLE ROBERT RAYMUND M. ESTRELLA OF ABONO PARTY-LIST AND HIS FAMILY FOR THE DEMISE OF HIS GRANDFATHER, FORMER AGRARIAN MINISTER AND FORMER PANGASINAN GOVERNOR CONRADO F. ESTRELLA SR. By Representative Mendoza (M.) TO THE COMMITTEE ON RULES House Resolution No. 1363, entitled: A RESOLUTION DIRECTING THE CONGRESSIONAL SPECIAL COMMITTEE ON B R U N E I - I N D O N E S I A - M A L AY S I A PHILIPPINES EAST ASEAN GROWTH AREA (EAGA) AND OTHER APPROPRIATE COMMITTEES OF THE HOUSE OF REPRESENTATIVES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE

3 HARVEST AND ILLEGAL TRADE OF ENDANGERED MARINE SPECIES IN THE COAST OF BIMP-EAGA ISLANDS IN MINDANAO AND PALAWAN, PROTECTED BY THE CONVENTION ON THE INTERNATIONAL TRADE IN ENDANGERED SPECIES (CITES) RESULTING INTO THE DESTRUCTION OF OUR SEA BED, WITH THE END IN VIEW OF DETERMINING APPROPRIATE LEGISLATIVE REFORMS, REMEDIAL MEASURES AND OTHER PURPOSES By Representative Arenas TO THE COMMITTEE ON RULES House Resolution No. 1364, entitled: RESOLUTION DIRECTING THE COMMITTEE ON NATIONAL CULTURAL COMMUNITIES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE ALLEGED DEATH THREATS TO THE AETA/ABELLEN OFFICIALS OF THE MAPORAC AYTA ORGANIZATION (MAO) IN MAPORAC, ZAMBALES FOR SAFEGUARDING THEIR ANCESTRAL DOMAIN AGAINST MINING AND ILLEGAL LOGGING By Representative Baguilat TO THE COMMITTEE ON RULES ADDITIONAL COAUTHORS Rep. Antonio F. Lagdameo Jr. for House Bills No. 40 and 2838; Rep. Romero Federico Miro S. Quimbo for House Bills No. 85 and 385; Rep. Tomas V. Apacible for House Bill No. 1418; Rep. Bernadette R. Herrera-Dy for House Bill No. 1479; Rep. Anthony Rolando T. Golez Jr. for House Bill No. 2158; Rep. Irvin M. Alcala for House Bill No. 3046; Rep. Maria Jocelyn V. Bernos for House Bill No. 3962; Reps. Abigail Faye C. Ferriol, Evelyn P. Mellana and Maria Valentina G. Plaza for House Bill No. 3977; Rep. Fatima Aliah Q. Dimaporo for House Bill No. 4358; Rep. Daryl Grace J. Abayon for House Bills No. 4359, 4404, 4408, 4416, 4443, 4571, 4577, 4582 and 4589; Reps. Rodolfo B. Albano, Jose S. Aquino II, Erico B. Aumentado, Ma. Amelita A. Calimbas-Villarosa, Orlando B. Fua, Carmelo F. Lazatin, Eulogio Amang R. Magsaysay, Lani Mercado-Revilla, Elmer E. Panotes, Philip A. Pichay and Nur-Ana I. Sahidulla for House Bill No. 4395; Rep. Carlos M. Padilla for House Bills No. 4395 and 4732; Rep. Jesus Boying F. Celeste for House Bill No. 4399; Reps. Pastor M. Alcover Jr., Mercedes K. Alvarez, Salvador P. Cabaluna III, Ranulfo P. Canonigo, Nancy A. Catamco, Arthur R. Defensor Jr., Arnulfo F. Go, Paolo S. Javier, Isidro Q. Lico, Joselito Jonjon R. Mendoza, Raymond Democrito C. Mendoza, Florencio T. Miraflores, Joaquin Carlos Rahman A. Nava, Mohammed Hussein P. Pangandaman, Solaiman C. Pangandaman, Michael Angelo C. Rivera, Jerry P. Treas, Arnel U. Ty, Victor J. Yu and Jose F. Zubiri III for House Bill No. 4468;

4 Rep. Winston Winnie Castelo for House Bill No. 4669; Rep. Ma. Victoria R. Sy-Alvarado for House Bill No. 4688; Rep. Rogelio J. Espina, M.D. for House Bills No. 807 and 3977 and House Resolution No. 1170; Rep. Catalina C. Bagasina for House Bills No. 4395, 4701, 4702 and 4710 and House Resolution No. 1294; Rep. Rodel M. Batocabe for House Bill No. 4468 and House Resolution No. 1271; and Reps. Christopher S. Co and Alfredo A. Garbin Jr. for House Resolution No. 1271. MESSAGE FROM THE PRESIDENT MALACAAN PALACE MANILA 03 June 2011 HON. FELICIANO R. BELMONTE, JR. Speaker House of Representatives Quezon City Dear Speaker Belmonte: Pursuant to the provisions of Article VI, Section 26 (2) of the 1987 Constitution, I hereby certify to the necessity of the immediate enactment of Senate Bill No. 2846, entitled: AN ACT EXTENDING THE IMPLEMENTATION OF THE LIFELINE RATE, AMENDING FOR THE PURPOSE SECTION 73 OF REPUBLIC ACT NUMBERED NINETY ONE THIRTY SIX, OTHERWISE KNOWN AS THE ELECTRIC POWER INDUSTRY REFORM ACT OF 2011 to address the urgent need to protect marginalized end-users of electricity from the impact of the expiration of the lifeline rate a subsidized electricity rate given to low-income households that are not able to pay the full cost of electricityon June 26, 2011, and to ensure that the poor and underprivileged sector will still be able to afford electricity services. Best wishes. Very truly yours, (Sgd.) BENIGNO S. AQUINO III cc: HON. JUAN PONCE ENRILE Senate President Philippine Senate Pasay City TO THE COMMITTEE ON RULES MESSAGE FROM THE SENATE Message dated June 6, 2011 informing the House of Representatives that the Senate on even date passed Senate Joint Resolution No. 9, entitled: RESOLUTION EXTENDING THE PERIOD OF EXISTENCE OF THE JOINT CONGRESSIONAL POWER COMMISSION in which it requests the concurrence of the House of Representatives TO THE COMMITTEE ON RULES

TUESDAY, JUNE 7, 2011 COMMITTEE REPORTS Report by the Committee on Public Works and Highways (Committee Report No. 1180), re H. No. 1869, entitled: AN ACT ESTABLISHING THE MOUNTAIN PROVINCE SECOND ENGINEERING DISTRICT OFFICE IN THE MOUNTAIN PROVINCE AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendment Sponsors: Representatives Cosalan and Dalog TO THE COMMITTEE ON RULES Report by the Committee on Transportation (Committee Report No. 1181), re H. R. No. 785, entitled: A RESOLUTION URGING THE TOLL REGULATORY BOARD (TRB) TO IMMEDIATELY REVIEW COMPLIANCE BY THE CONCESSIONAIRE OF SOUTHERN TAGALOG ARTERIAL ROAD (STAR) TOLLWAY OF ITS OBLIGATIONS WITH REGARD TO THE CONSTRUCTION, OPERATION AND MAINTENANCE OF STAR TOLLWAY II (LIPA CITY TO BATANGAS CITY SECTION) AND INVESTIGATE THE FREQUENT VEHICULAR ACCIDENTS OCCURRING AT THE SAID TOLL FACILITY informing the House of its findings and recommendations Sponsor: Representative Mercado TO THE COMMITTEE ON RULES Report by the Committee on National Cultural Communities (Committee Report No. 1182), re H. No. 4807, entitled: AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS DISCRIMINATION recommending its approval in substitution of House Bills Numbered 354, 647, 2781 and 3440 Sponsors: Representatives Baguilat, Yap (S.), Angara, Rodriguez (R.) and Rodriguez (M.) TO THE COMMITTEE ON RULES Report by the Committee on National Cultural Communities (Committee Report No. 1183), re H. R. No. 1373, entitled: RESOLUTION COMMENDING SECRETARY JESSE M. ROBREDO OF THE DEPARTMENT OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) FOR ISSUING MEMORANDUM CIRCULAR MC2010-119, ENTITLED: MANDATORY REPRESENTATION OF INDIGENOUS CULTURAL COMMUNITIES OR INDIGENOUS PEOPLES IN POLICYMAKING BODIES AND OTHER LOCAL LEGISLATIVE COUNCILS recommending its adoption in substitution of House Resolution No. 916 Sponsors: Representatives Baguilat and Catamco TO THE COMMITTEE ON RULES Report by the Committee on Public Works and Highways (Committee Report No. 1185), re H. No. 2316, entitled: AN ACT CONVERTING THE DANTAYSAGADA

TUESDAY, JUNE 7, 2011 BESAOQUIRINO ILOCOS SUR ROAD FROM A PROVINCIAL ROAD TO A NATIONAL ROAD AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendment Sponsors: Representatives Cosalan and Dalog TO THE COMMITTEE ON RULES Report by the Committee on Public Works and Highways (Committee Report No. 1186), re H. No. 2234, entitled: AN ACT PROVIDING FOR THE CONVERSION OF BENGUET PROVINCIAL ROAD IN THE MUNICIPALITIES OF MADAYMEN AND KIBUNGAN, ALL IN THE PROVINCE OF BENGUET, INTO A NATIONAL SECONDARY ROAD, AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendment Sponsor: Representative Cosalan TO THE COMMITTEE ON RULES Report by the Committee on Public Works and Highways (Committee Report No. 1187), re H. No. 2738, entitled: AN ACT CONVERTING THE BENGUET PROVINCIAL ROAD ASIN (KM.8) NANGALISANSAN PASCUAL, TUBA, BENGUETLA UNION PROVINCE INTO A NATIONAL SECONDARY ROAD AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendment Sponsor: Representative Cosalan TO THE COMMITTEE ON RULES Report by the Committee on Public Works and Highways (Committee Report No. 1188), re H. No. 2233, entitled: AN ACT CONVERTING THE NATUBLENG NABALICONGPACSOKABAYAN ROAD INTO A SECONDARY NATIONAL ROAD recommending its approval with amendment Sponsor: Representative Cosalan TO THE COMMITTEE ON RULES Report by the Committee on Public Works and Highways (Committee Report No. 1189), re H. No. 2232, entitled: AN ACT CONVERTING THE BAD-AYAN BANGACAYAPASMANHOYOHOY ROAD TRAVERSING THE MUNICIPALITY OF BUGUIAS, PROVINCE OF BENGUET INTO A NATIONAL SECONDARY ROAD recommending its approval with amendments Sponsor: Representative Cosalan TO THE COMMITTEE ON RULES Report by the Committee on Agriculture and Food (Committee Report No. 1190), re H. R. No. 301, entitled: A RESOLUTION DIRECTING THE DEPARTMENT OF AGRICULTURE (DA) TO IMMEDIATELY STOP IMPORTATION OF CHOICE CUTS (FROZEN CHICKEN LEG QUARTERS) AND CONDUCT AN IMMEDIATE CONSULTATION WITH THE BROILER PRODUCERS (ASSOCIATIONS) ON LOCAL PRODUCTION CAPACITIES

5 informing the House of its findings and recommendations Sponsors: Representatives Mendoza (M.), Palmones, Estrella and Guanlao TO THE COMMITTEE ON RULES Report by the Committee on Ecology, the Committee on Appropriations and the Committee on Ways and Means (Committee Report No. 1191), re H. No. 4812, entitled: AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES recommending its approval/adoption in substitution of House Bill Nos. 7, 211, 353 and 1203 Sponsors: Representatives Fernandez, Alcala, Gonzales (N.), Yap (S.) and Teodoro TO THE COMMITTEE ON RULES Report by the Committee on Natural Resources (Committee Report No. 1192), re H. No. 4815, entitled: AN ACT DECLARING THE PROVINCE OF ROMBLON A MINING FREE ZONE AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF recommending its approval in substitution of House Bill No. 4415 Sponsors: Representatives Matugas and Madrona TO THE COMMITTEE ON RULES ADDITIONAL REFERENCE OF BUSINESS RESOLUTION House Concurrent Resolution No. 11, entitled: CONFIRMING THE AUTHORITY CONFERRED BY LAW UPON THE SENATE PRESIDENT AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO FIX AND DETERMINE THE SALARIES, ALLOWANCES AND OTHER BENEFITS OF OFFICIALS AND EMPLOYEES OF THE SENATE AND THE COMMISSION ON APPOINTMENTS, AND THE HOUSE OF REPRESENTATIVES, RESPECTIVELY, AND TO DETERMINE AND ADDRESS THE BUDGETARY REQUIREMENTS OF THEIR RESPECTIVE PERSONNEL, COMMITTEES AND SERVICE UNITS AS THEY MAY DEEM TO BE IN THE BEST INTEREST OF THE SERVICE, SUBJECT TO THE LIMITATIONS SET BY THE CONSTITUTION AND THE GENERAL APPROPRIATIONS ACT By Representatives Gonzales (N.) and Lagman TO THE COMMITTEE ON RULES MESSAGES FROM THE SENATE Message dated June 6, 2011 informing the House of Representatives that the Senate on even date passed with amendments House Bill No. 4146, entitled: AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS

6 AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH THOSE OF THE NATIONAL AND OTHER LOCAL OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES TO THE COMMITTEE ON RULES Message dated June 7, 2011 informing the House of Representatives that on June 6, 2011, the Senate requested a conference and designated Senators Franklin M. Drilon, Teofisto L. Guingona III and Pia S. Cayetano as conferees on the part of the Senate on the disagreeing votes on House Bill No. 4146, entitled: AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH THOSE OF THE NATIONAL AND OTHER LOCAL OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES TO THE COMMITTEE ON RULES THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Mr. Speaker, we are in receipt of a communication from the Senate informing the Lower House that they have approved Senate Bill No. 2846, in relation to House Bill No. 4169. With the concurrence of the Chairman of the Committee on Energy, I therefore move that we adopt the Senate version as an amendment to House Bill No. 4169. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. ALBANO. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). What is the pleasure of the Gentleman from Isabela? REP. ALBANO. May we know the salient provisions of this bill, Mr. Speaker? THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader will please clarify. REP. GARIN (J.). Mr. Speaker, House Bill No. 4169 is entitled: AN ACT EXTENDING THE IMPLEMENTATION OF THE LIFELINE RATE, AMENDING FOR THE

TUESDAY, JUNE 7, 2011 PURPOSE SECTION 73 OF REPUBLIC ACT NUMBERED NINETY-ONE THIRTY-SIX, OTHERWISE KNOWN AS THE ELECTRIC POWER INDUSTRY REFORM ACT OF 2001. Actually, the only amendment in the Senate version is to change the word or and instead put the word AND, and the inclusion of a comma. I believe these are minor amendments, Mr. Speaker, distinguished colleague. Hence, the members as well as the Chairman of the Committee on Energy decided to accept the Senate version. THE DEPUTY SPEAKER (Rep. Fuentebella). Is that acceptable to the Gentleman from Isabela? REP. ALBANO. Mr. Speaker, the amendment is not substantial, so I concur. THE DEPUTY SPEAKER (Rep. Fuentebella). Very well. The Sr. Dep. Majority Leader will please reiterate the motion. REP. GARIN (J.). Mr. Speaker, allow me to reiterate my previous motion that we adopt Senate Bill No. 2846 as an amendment to House Bill No. 4169. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, we are also in receipt of another communication from the Senate dated June 6, 2011, informing the Congress of the Philippines that they have passed with amendments House Bill No. 4146, entitled: AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH THOSE OF THE NATIONAL AND OTHER LOCAL OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES. Mr. Speaker, distinguished colleagues, with permission from the Committee on Suffrage, as well as of the Committee on Muslim Affairs, allow me therefore to move that the amended version of House Bill No. 4146 be accepted as the consolidated version. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? REP. APOSTOL. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). What is the pleasure of my colleague, the Gentleman from Leyte? REP. APOSTOL. The Majority Leader cannot accept this matter. It has to be in the conference committee that they should agree.

TUESDAY, JUNE 7, 2011 THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. SUSPENSION OF SESSION REP. GARIN (J.). Mr. Speaker, I ask for a few minutes suspension of the session. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is suspended. It was 4:08 p.m. RESUMPTION OF SESSION At 4:29 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Mr. Speaker, may I be allowed to withdraw my previous motion. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, may I move that the Secretary General be directed to immediately transmit to the Senate copies of all the bills that we have approved on Third Reading. I so move, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. APPROVAL OF THE JOURNAL REP. GUNIGUNDO. Mr. Speaker, I move that we approve Journal No. 72, covering the sessions from Monday to Wednesday, dated May 23 to 25, 2011, and the sessions from Monday to Wednesday, dated May 30, 31 and June 1, 2011. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GUNIGUNDO. Mr. Speaker, yesterday the Gentleman from Mindoro wanted to rise on a question of personal and collective privilege regarding the PLDTDigitel Bill, but the Honorable Casio rose ahead of him and discussed the same subject matter. Mr. Speaker, I therefore move that the speech of the Honorable Umali (R.) be inserted in the Congressional Record. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. *
* See APPENDIX (printed separately)

7 REP. GUNIGUNDO. Mr. Speaker, may we acknowledge the presence of our guests in the gallery. We have the delegation of the Sangguniang Barangay of Bagahabag, Solano, Nueva Vizcaya, headed by Brgy. Capt. Jose B. Corpuze Sr. They are the guests of Hon. Carlos M. Padilla from the Lone District of Nueva Vizcaya. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. (Applause) REP. GUNIGUNDO. May we also acknowledge the presence of the visitors of Hon. Jim S. Hataman-Salliman from the Lone District of Basilan Province. They are Professors Jerry Hamja, Ersad Warad and Argie Sarco from the Basilan State College. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. (Applause) REP. GUNIGUNDO. May we also acknowledge the presence of the guests of Rep. Gabriel L. R. Quisumbing from the Sixth District of Cebu, from Cordova Public College, Cordova, Cebu. They are Mr. Edgardo Casquejo, College Director; Mr. Ronald Ferrer, the Dual Training System Coordinator; and Mr. Nicasio Amoin Jr., the Supreme Student Government President. THE DEPUTY SPEAKER (Rep. Fuentebella). Where are they? Please rise. Welcome to the House of Representatives. (Applause) REP. GUNIGUNDO. We also have the guests of A TEACHER Party-List Reps. Mariano U. Piamonte Jr. and Julieta R. Cortuna. They are the school heads and district supervisors from the municipality of Jaen, Nueva Ecija, headed by Mrs. Flavie Santiago. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. REP. GUNIGUNDO. We also have the guests of Hon. Aurelio Dong D. Gonzales Jr. from the Third District of Pampanga. They are the Sanggunian Bayan members of Bacolor, Pampanga, namely: Efren Blanco, Ricardo Yalung, Amable Bengco, Wilfredo Balingit, Roberto Baking; ABC Pres. Marcelino Soto and SK Pres. Renz Lonie Canlas. With them are Brgy. Chairpersons Imelda Duya, Eva Pineda, Jesus de Leon, Jeffraine Malig, Rodrigo Tongol, Onofre Regala, Danny Angeles, Carlito Laxa, Angelito Basco, Emer Lampa, Blady Villanueva and Marietta Vitug. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. (Applause) REP. GUNIGUNDO. May we also acknowledge the presence of the following local officials of the province of Camarines Sur. From the Fourth District of Camarines Sur: from the municipality of Goa, we have Mayor Antero Lim; from Caramoan, Mayor Jun Cordial; from Presentacion, Mayor Mimick Delea; from Sagay, Mayor Evelyn

8 Fuentebella, the wife of our Deputy Speaker; from Siruma, Mayor Caren Polinga; from Tigaon, Mayor Arnie Fuentebella; and from Tinambac, Mayor Ruel Velarde. From the Fifth District: from Iriga City, Mayor Madelaine Alfelor-Gazmen; and from Baao, Mayor Melquiades Gaite. From the Third District: from Calabanga, Mayor Evelyn Yu; from Bombon, Mayor Luisa Angeles; from Camaligan, Mayor Emmanuel Prado; from Canaman, Emmanel S. Requejo; From the Second District of Camarines Sur: from Gainza, Mayor William Abilay; from Libmanan, Mayor Marilyn A. Jimenez; from San Fernando, Mayor Eugenio Lagasca Jr.; from Pamplona, Mayor Gemino Imperial; from Minalabac, Mayor Leovegildo Basmayor Jr.; from Pasacao, Mayor Asuncion Arceo; and from Milaor, Mayor Rogelio A. Flores. We also have the Vice Mayors from the following municipalities coming from the Fourth District of Camarines Sur: Vice Mayor Marcel Pan of Goa; Vice Mayor Juan Cordis of Caramoan; Vice Mayor Arturo Amoroso of Presentacion; Vice Mayor Rachel Chaves of Sagay; Vice Mayor Ruel Gaspar of Tigaon; Vice Mayor Jun Barrion of Tinambac; Vice Mayor Ben Saboco of Lagonoy; and Vice Mayor Evie Pea of San Jose. From the Fifth District, Iriga City, Vice Mayor Jose Villanueva Jr.; from the Third District, municipality of Ocampo, Vice Mayor Pepito I. Ponce; from the Second District of Camarines Sur, municipality of Milaor, Vice Mayor Andre R. Hidalgo from Pamplona; and Vice Mayor Josefa V. Fabi; together with councilors from Iriga City, Lagonoy, Garchitorena and Tigaon. THE DEPUTY SPEAKER (Rep. Fuentebella). They are all the guests of this Representation, Hon. Luis R. Villafuerte, as well as Hon. Diosdado Dato M. Arroyo. Please rise. Welcome to the House of Representatives. (Applause) REP. GUNIGUNDO. May we also acknowledge the presence of the guests of Hon. Roilo S. Golez from Paraaque. They are the Knights of Columbus Pagkabuhay Council of BF, Paraaque City, and the Daughters of Mary Immaculate, also of BF, Paraaque City. (Applause) THE DEPUTY SPEAKER (Rep. Fuentebella). Welcome to the House of Representatives. REP. GUNIGUNDO. Mr. Speaker, we also have the guest of Hon. Pryde Henry A. Teves from the Third District of Negros Oriental in the person of Mr. Delano Abueva of Valencia, Negros Oriental. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. REP. GUNIGUNDO. Mr. Speaker, we also have the guests of Hon. Godofredo V. Arquiza and Hon. David L. Kho from the Senior Citizens Party-List. They are 17 senior citizens headed by Pastor Danny Rayo, District 6, Sta. Ana Punta, Manila. DESIGNATION OF MEMBERS TO THE BICAM. CONF. CTTEE. REP. GARIN (J.). Mr. Speaker, I move that we designate the following as Members of the House panel in the Bicameral

TUESDAY, JUNE 7, 2011 Conference Committee on the disagreeing provisions of House Bill No. 4393 and Senate Bill No. 138, namely: Hon. Alfredo D. Maraon III, Hon. Susan A. Yap and Hon. Lani Mercado-Revilla. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. The Members nominated are so designated. REP. GUNIGUNDO. Mr. Speaker, may we now recognize the Hon. Ben P. Evardone from Eastern Samar, who wishes to rise on a question of personal and collective privilege. THE DEPUTY SPEAKER (Rep. Fuentebella). What is the pleasure of the distinguished Gentleman from Eastern Samar, the Honorable Evardone? REP. EVARDONE. Thank you very much, Mr. Speaker. I rise today to assert our inherent right, Mr. Speaker, to help shape the countrys foreign policy, particularly on an issue that is close to our hearts, the issue on Spratly Islands. THE DEPUTY SPEAKER (Rep. Fuentebella). The Gentleman has 10 minutes. Please proceed. QUESTION OF PRIVILEGE OF REP. EVARDONE REP. EVARDONE. Thank you, Mr. Speaker. Distinguished colleagues, ladies and gentlemen, good afternoon. I stand today to address this august Body on a matter of great importanceour claim over the Spratly Group of Islands. By all reckoning, it has been the countrys most serious territorial and sovereignty concern after Sabah. Yet, attention to the Spratlys has been essentially headline-driven. When the headlines scream, we pay attention, but as soon as the font sizes of news headlines are downsized, the issue of great import is moved off the official calendar, and moves out of the public consciousness. For once, Mr. Speaker, Ladies and Gentlemen of this Chamber, let us pay attention to this vexing territorial issue that has roiled much of Southeast Asia, an issue that is also a threat to the historical comity and solidarity among nations in the region. Before I proceed, Mr. Speaker, let us bear in mind the complexity of this subject, starting with a basic description of the said territory. The South China Sea (SCS) is an irregularly shaped area of about 1.3 million square miles consisting of semi-enclosed seas and scattered land features. Macclesfield Bank and Scarborough Shoal lie across the central and eastern parts of the South China Sea, while the Spratly Islands lie across the south. The island of Hainan and the Paracel Islands lie in the northwest portion. The South China Sea is bounded by China and Taiwan in the North, by Vietnam in the West, by Malaysia and Brunei in the South, and by the Philippines in the East. The Spratlys is a term covering more than 190 barren islets and partially submerged features covering approximately 150,000 square miles. The Spratly Island itself is but one island on the western side of the group. The South China Sea disputes are about overlapping territorial claims. Resulting from such overlapping claims is

TUESDAY, JUNE 7, 2011 the problem of maritime boundary delimitation on the territorial seas, continental shelves and exclusive economic zones. Since all claimants are coastal or archipelagic states which cluster in close proximity around shallow areas, it is inevitable that the 200-mile claims of exclusive economic zones by the parties concerned will overlap with each other. The Philippines has anchored its claims to some islands in the Spratlys on their proximity to our national territory. Philippine forces began to occupy some of the islands since 1968. As I speak, a few hundred Philippine Marines are currently stationed on several of these islands. With our highest national interest in mind, Mr. Speaker, I have two proposals today. First is the building of a consensus within Congress that would advocate forcefully and on a sustained basis, a peaceful managementif not a desirable resolution of conflictsin the South China Sea. Second, I am proposing a Congressional inquiry into the matter. Once and for all, Mr. Speaker, Congress should help the Executive branch, which has the mandate over sensitive external relationsmore so one that involves Southeast Asiato find a desired closure to the Spratly Islands issue. The South China Sea is a matter of national interest for the Philippines because of our archipelagic nature. As a semienclosed sea linking the Indian and Pacific Oceans and straddling mainland Asia and insular Southeast Asia, it encompasses a number of vital sea-lanes. The Formosa Straits in the North and the Straits of Malacca in the Southern entrance rank among the busiest navigational corridors in the world linking East Asias seaports with the rest of the world. In the pre-modern times, Mr. Speaker, they were the busiest sea lanes for trade and commerce, and human migration. How vital is the South China Sea to global trade, to global security, to the all-too-important concern of developing new energy reserves for oil-starved economies across the region and across the globe? Let me elaborate. Approximately 25 percent of world commercial shipping, particularly transport of oil from the Middle East to the Pacific rim, moves through the South China Sea. Similarly, the area is critical for military sea-lanes, because fleets moving from the Pacific region to the Indian Ocean need to transit the South China Sea. It is vital that no hostile government controls the shipping routes in this area. Military strategists view the strategic significance of the major passages to and from the South China Sea from the comparative ease with which they could be physically obstructed. This is a concern not just among the claimants but also of the major powers in the Asia-Pacific. Then, there is also the awesome natural bounty. The South China Sea hosts a large potential of oil, gas, minerals and living resourcesthe single most powerful driver of the overlapping claims. While disputes over fisheries suggest that the long-term marine potential of the South China Sea is significant, there is little doubt that the main economic potential of the region is hydrocarbons. There had been enough seismological work done since the 1970s on the South China Sea to indicate the potential of oil and gas finds. The Congressional inquiry I am proposing is ideal within this context. We should endeavor to help identify and put forward a multi-country consensus to resolve the conflicting and overlapping claims amicably not only because the

9 Philippines stands for peace and amity but because of our limited options should conflicts arise. National security depends to a significant extent on the quality of our border relations with our neighbors. This is the reason we must exert every effort to bring the claimants to the negotiating table and discuss the way forward. We cannot indefinitely shelve the disputes as one country would want it. As a developing country, the Philippines cannot afford an overt conflict in the area not just because of our limited capability to defend our claims by military force, but more importantly because we need a stable regional environment for us to devote all our resources, energy and time to economic and other productive endeavors. The Philippines can draw from a treasure trove of precedents on peaceful resolutions of overlapping territorial claims. We must employ diplomatic offensives, bilaterally, regionally and on the global platforms. It is the Philippines interest to internationalize the disputes in the South China Sea. We must work to keep it on the agenda of the United Nations and the Association of Southeast Asian Nations. Creeping occupation of the islands happens whenever the issue leaves the international spotlight. The media also plays a critical role in this important task. On several occasions, the US State Department issued statements on the South China Sea, which convey that the maintenance of the freedom of navigation is a fundamental interest of the United States. It is therefore preoccupied with the preservation of its own national interest. As early as 1995, the United States reaffirmed that it takes no position on the legal merits of the competing claims to sovereignty over the various islands, reefs, atolls and cays in the South China Sea. I believe, Mr. Speaker, that it is time for the Philippines to have serious talk with the United States on the matter. We must convey very profoundly our disappointment that the US chooses for itself which part of the Philippine territory the Philippine-US Mutual Defense Treaty would apply. We should convey to the US this message: at whim or at random, parts of the Mutual Defense Treaty cannot be sliced or dropped. At the same time, the Philippines must engage China through our bilateral diplomatic relations. In February 1995, the Philippines discovered Chineseconstructed structures on the Mischief Reef, 130 miles from the province of Palawan. Our ASEAN neighbors came to our defense. The ASEAN foreign ministers issued a statement in March (1995) expressing their serious concern and called for the early resolution of the problems caused by recent developments in Mischief Reef. Following the Philippine protest, China agreed to hold a series of consultations with the Philippines starting in March 1995. In August 1995, the two countries entered into a bilateral code of conduct in the South China Sea. In the last four months, Mr. Speaker, at least seven incidents have been reported as violations of the United Nations Convention on the Law of the Sea (UNCLOS). I believe that it is time to review the agreement with a view of elevating the review into exploratory talks which, in turn, would move towards a lasting settlement of disputes between the two countries. There are factors in favor of going into this direction. The UNCLOS has entered into force. While UNCLOS does not aim at settling territorial disputes, it could be an instrument for confidence-building. Under UNCLOS, states bordering an enclosed or semi-enclosed sea are mandated to cooperate

10 with each other in the exercise of their rights and in the performance of their duties. Cooperation could include the management, conservation, exploration and exploitation of the living resources of the sea; protection and preservation of the marine environment; and joint program of scientific research in the area. The prevailing peaceful and stable inter-state relationship in Southeast Asia and the East Asian region, as a whole, facilitated by the ASEAN+3 process (China, Japan and Korea), provides the most important factor facilitating preventive diplomacy in the South China Sea. Economic interdependence among the claimant states and other concerned parties to the South China Sea disputes serves as a disincentive against disruptive behavior and violent conflict. National development efforts and regional economic cooperation accord every claimant a stake in preserving regional peace and security. For instance, intra-East Asian trade constitutes about half of the regions total trade. We also invest in each other very heavily. It is also time to review some sensible ideas that have been floated as possible approaches to this issue. Sometime ago, Mr. Speaker, former President Fidel V. Ramos proposed that each disputed island be placed under the stewardship of the claimant country closest to it geographically, on the understanding that the steward country accommodates the other claimants need for shelter, anchorage and other peaceful pursuits. This proposal is a recognition of the protracted nature of the South China Sea disputes. Hasjim Djalal of Indonesia, the first President of the International Seabed Authority, once put forward an idea of a more limited measurement of the Exclusive Economic Zone of each littoral country in the South China Sea area so that a (certain) portion of the area would not fall into the EEZ. He then proposed that the hole of the doughnut in the middle could be used as the zone for joint development. Some analysts from the East-West Center in Hawaii have also proposed the establishment of a Spratly Management Authority to administer that specific disputed area of the South China Sea. Recently, Mr. Speaker, President Aquino proposed the establishment of a Zone of Peace, Freedom, Friendship and Cooperation (ZoPFF/C) which will segregate the disputed areas from the undisputed, consistent with the UNCLOS. According to President Aquino, the ZoPFF/C will ensure that What is ours is ours, and with what is disputed, we can work towards joint cooperation. He proposed that the disputed areas can be transformed into a joint cooperation area for joint development and the establishment of a marine protected area for biodiversity conservation under the ZoPFF/C. I think this is a very sensible proposal, Mr. Speaker, which should be pursued in the international platforms to level the playing field for negotiations. Mr. Speaker, distinguished colleagues, let me end this intervention by stating that the South China Sea disputes, however complex, could be resolved if the decision-makers have the political will to do so. I repeat that the Philippines claim over the Spratlys is a matter of national interest that deserves serious consideration of the Philippine decisionmakers including this august Chamber. I would like to reiterate my proposal for Congress to set up an inquiry committee with the following purposes, among others: (1) to review the Philippines legal claim over the

TUESDAY, JUNE 7, 2011 Spratlys; (2) to assess the requirements of the Armed Forces of the Philippines to maintain a credible presence in the Kalayaan; (3) to assess the efforts of the Department of Foreign Affairs on the diplomatic front; and (4) finally, to contribute to the forging of a national strategy and policy towards pursuing a negotiated settlement of the overlapping claims in the South China Sea. Congress, Mr. Speaker, should help identify the way forward on the Spratlys, for the resolution of this territorial conundrum of many decadespeacefully, for the sake of the region and our country, and beneficially, so all the claimants can have their share of the regions awesome bounty. Thank you, Mr. Speaker. REP. GOLEZ (R.). Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). What is the pleasure of the distinguished Gentleman from Paraaque City? REP. GOLEZ (R.). Mr. Speaker, I understand that the Committee on Rules and the Majority Leader would like to interpose something. At the proper time, this Representation would like to interpellate our distinguished colleague from Eastern Samar on his speech about the Spratlys. REP. BELLO. Mr. Speaker. REP. EVARDONE. With pleasure, Mr. Speaker, but in deference to the Committee on Rules, I would any time accept some interpellations. Thank you, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). With that reservation, the Gentleman from Eastern Samar is amenable to be interpellated. Is that correct? REP. BELLO. Mr. Speaker, I would also ... THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. REP. BELLO. Mr. Speaker. REP. GARIN (J.). Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The Honorable Bello is recognized. REP. BELLO. After the Gentleman from Paraaque City, I would also like to interpellate the Gentleman, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The reservation of the Gentleman is noted. REP. GARIN (J.). Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. ROLL CALL REP. GARIN (J.). Mr. Speaker, allow me to affirm the statements of the Honorable Golez and the Hon. Walden F.

TUESDAY, JUNE 7, 2011 Bello, but before we continue with the interpellation on the speech of the Honorable Evardone, I move that we call the roll. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. The Secretary General will please call the roll. The Secretary General called the roll, and the result is as follows, per Journal No. 73: PRESENT Abayon Acharon Acop Aggabao Aglipay Agyao Albano Alcala Alcover Almario Almonte Amatong Angara Antonino Apostol Aquino Arnaiz Arquiza Arroyo (D.) Aumentado Bag-ao Bagasina Bagatsing Baguilat Balindong Banal Barzaga Bataoil Batocabe Bello Belmonte (F.) Belmonte (V.) Bernos Binay Biron Bondoc Bonoan-David Briones Bulut-Begtang Cabaluna Cabilao Yambao Cagas Calimbas-Villarosa Calixto-Rubiano Cari Casio Castelo Castro Catamco Cerilles Chipeco Climaco Co Cojuangco (K.) Cojuangco (E.) Collantes Colmenares Cortuna Cosalan Cruz-Gonzales Cua Dalog Datumanong Dayanghirang Daza De Jesus De Venecia Defensor Del Rosario (A. A.) Dimaporo (F.) Dimaporo (I.) Duavit Durano Dy Ejercito Emano Enverga Eriguel Escudero Espina Estrella Evardone Fabian Farias Fernandez Ferrer (A.) Flores Fortuno Fua Fuentebella Fuentes Garay Garbin Garcia (P.) Garcia (P.J.) Garcia-Albano Garin (J.) Garin (S.) Gatchalian Go (A.C.) Golez (R.) Gomez Gonzales (A.) Gonzales (N.) Gonzalez Guanlao Gullas Gunigundo Haresco Herrera-Dy Ilagan Jaafar Jalosjos (C.) Javier Kho (D.) Lacson-Noel Lagdameo (A.) Lagdameo (M.) Lagman Lanete Lapus Leonen-Pizarro Lico Loong Lopez (C.J.) Macapagal-Arroyo (G.) Madrona Magsaysay (E.) Magsaysay (M.) Mandanas Maraon Marcoleta Marcos Mariano Matugas Mellana Mendoza (M.) Mercado (H.) Mercado (R.) Mercado-Revilla Montejo Noel Nograles Obillo Ocampo Ocampos Olivares Ortega (F.) Ortega (V.) Pacquiao Padilla Paez Palatino Palmones Pangandaman (M.) Pangandaman (S.) Panotes Paras Payuyo Piamonte Pichay Ping-ay Plaza Ponce-Enrile Primicias-Agabas Puno Quimbo Quisumbing Ramos Relampagos Remulla Rivera Robes Rodriguez (I.) Rodriguez (M.) Rodriguez (R.) Roman Romualdo Romulo Sacdalan Sahidulla Sakaluran Salimbangon Salvacion Sambar Sarmiento (C.) Sarmiento (M.) Sema Singson (R.L.) Socrates Suarez Sy-Alvarado Taada Teodoro Teves Tiangco Tieng Ting Tinga Tinio Tomawis Treas Tugna Tupas Ty Umali (C.) Umali (R.) Unabia Ungab Unico Valencia Vargas-Alfonso Vergara Villafuerte Villar Villarica Violago Yap (A.) Yap (S.) Yu Zamora-Apsay

11

12 THE SECRETARY GENERAL. The Speaker is present. Mr. Speaker, the roll call shows that 221 Members responded to the call. THE DEPUTY SPEAKER (Rep. Fuentebella). With 221 Members responding to the call, the Chair declares the presence of a quorum. The Majority Leader is recognized. REP. GONZALES (N.). Mr. Speaker, before we proceed with the interpellation on the speech of the distinguished Gentleman from Samar, Honorable Evardone, we are in receipt of a communication from the Senate that as of last night, the Senate approved on Third Reading House Bill No. 4146, entitled: AN ACT PROVIDING FOR THE SYNCHRONIZATION OF THE ELECTIONS AND THE TERM OF OFFICE OF THE ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO (ARMM) WITH THOSE OF THE NATIONAL AND OTHER LOCAL OFFICIALS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9333, ENTITLED AN ACT FIXING THE DATE FOR REGULAR ELECTIONS FOR ELECTIVE OFFICIALS OF THE AUTONOMOUS REGION IN MUSLIM MINDANAO, AND FOR OTHER PURPOSES, but with certain amendments. In order for us to dispense with the bicameral conference, I move, Mr. Speaker, that we adopt and accept the amendments of the Senate on House Bill No. 4146. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) REP. ROMUALDO. Mr. Speaker. REP. LAGMAN. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The distinguished Minority Leader is recognized. REP. ROMUALDO. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The Minority Leader was recognized first. REP. ROMUALDO. Mr. Speaker, to your left, please. REP. LAGMAN. Mr. Speaker.

TUESDAY, JUNE 7, 2011 REP. ROMUALDO. May we know, Mr. Speaker, what is there to be adopted? Is it in conflict with the bill that the House passed on Third Reading? REP. GONZALES (N.). Mr. Speaker, for the information of Members, the amendments of the Senate on House Bill No. 4146 are the following: 1. It deleted Section 6 of our bill which provides: SEC. 6. Ineligibility of Appointed Officers-in-Charge. Appointed officers-in-charge referred to in Section 5 hereof shall be ineligible to run as candidates for elective positions in the next regular elections of the ARMM which shall be held on the second Monday of May 2013. 2. Then it added a new provision which is Section 7, which provides for the Separability Clause: SEC. 7. SEPARABILITY CLAUSE. IN THE EVENT ANY PART OR PROVISION OF THIS ACT IS HELD INVALID OR UNCONSTITUTIONAL, OTHER PROVISIONS NOT AFFECTED THEREBY SHALL REMAIN IN FORCE AND EFFECT. 3. Under the Repealing Clause, it merely provided: REPUBLIC ACT NO. 9333 IS HEREBY REPEALED, and Republic Act No. 9333 is the previous law which fixed the date of the election of the ARMM. REP. ROMUALDO. Thank you very much. Thank you, Mr. Speaker. REP. CAGAS. Mr. Speaker. REP. LAGMAN. Mr. Speaker. REP. CAGAS. Mr. Speaker. REP. LAGMAN. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The distinguished Minority Leader was recognized earlier. REP. LAGMAN. Actually, Mr. Speaker, there are about six or seven amendments effected by the Senate. May we know whether copies of the Senate-approved House bill has been circulated to the Members of the House for their perusal and information. SUSPENSION OF SESSION

THE DEPUTY SPEAKER (Rep. Fuentebella). With the permission of the distinguished Gentleman from Camiguin, REP. ROMUALDO. Yes, this is with reference to the motion THE DEPUTY SPEAKER (Rep. Fuentebella). The Chair has recognized earlier the Minority Leader. REP. ROMUALDO. This is with reference to the motion of the Majority Leader that we will adopt the Senate version of the ARMM Bill. THE DEPUTY SPEAKER (Rep. Fuentebella). That has not been acted upon yet.

THE DEPUTY SPEAKER (Rep. Fuentebella). Will the Secretary General please respond to the question of the distinguished Minority Leader. The session is suspended. It was 5:17 p.m. RESUMPTION OF SESSION At 5:17 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Majority Leader is recognized.

TUESDAY, JUNE 7, 2011 REP. GONZALES (N.). Mr. Speaker, while we have provided a copy of the same to the distinguished Minority Leader, we have instructed the Secretary General to make copies available for distribution to Members. THE DEPUTY SPEAKER (Rep. Fuentebella). The Secretary General is so directed. REP. LAGMAN. Mr. Speaker, pending the distribution of the Senate-approved House bill with amendments, because there are other amendments not read into the records like the creation of a screening committee, to be appointed by the President. This screening committee is virtually a rubber stamp; the screening committee will have to recommend persons who will be appointed as OICs. This was not stated. There was also an amended provision in Section 1 which provides for a policy declaration. We therefore move that we suspend the consideration of the Majority Leaders motion for concurrence to the Senate-approved version, so that Members of the House can be afforded the opportunity to be informed and to peruse the amendments made by the Senate. THE DEPUTY SPEAKER (Rep. Fuentebella). What does the Majority Leader say? REP. GONZALES (N.). We accede to the request of our distinguished Minority Leader, Mr. Speaker. REP. LAGMAN. After the distribution of these copies to the Members, I would resume to take the floor to continue with my manifestation, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The manifestation is noted. The Dep. Majority Leader is recognized. REP. GUNIGUNDO. Mr. Speaker, I move that we resume the interpellations on the speech of Hon. Ben Evardone from the Lone District of Eastern Samar. THE DEPUTY SPEAKER (Rep. Fuentebella). The distinguished Gentleman from Eastern Samar is recognized and the Gentleman from Paraaque will now take the floor to interpellate. REP. GOLEZ (R.). Thank you very much, Mr. Speaker. First of all, may I know if our distinguished colleague from Eastern Samar will accede to some interpellation. REP. EVARDONE. With pleasure, Mr. Speaker, to the distinguished colleague from Paraaque, REP. GOLEZ (R.). Thank you very much. REP. EVARDONE. an expert in this field on national security. REP. GOLEZ (R.). Thank you. Mr. Speaker, at the outset, I would like to congratulate our colleague from Eastern Samar for his very scholarly presentation on the South China Sea and the Spratlys issue. I am very impressed at his very comprehensive presentation

13 tackling a number of very vital concerns, as far as this very ticklish issue is concerned, which affects not only the Philippines but the entire gamut of many countries around the South China Sea, and a lot of other countries that are interested in the security and economic aspects of the South China Sea. REP. EVARDONE. Thank you very much, Mr. Speaker, for that compliment. REP. GOLEZ (R.). Now, the first item that I would like to take up, Mr. Speaker, is the item on his recommendation that we conduct a congressional inquiry, and the first subject under the proposed congressional inquiry is the review of the Philippine claim. I regret that I was not able to take note of the second item and the third item. May we request our distinguished colleague to reiterate the second and third items on his proposed congressional inquiry, Mr. Speaker. REP. EVARDONE. Mr. Speaker, the first is the assessment of the Philippines claim, the legal claim of the Philippines over the Spratlys. The second is the assessment of the capability of the armed forces in maintaining peace in that area. The third is the update on the efforts of the Department of Foreign Affairs in the diplomatic front. REP. GOLEZ (R.). Thank you very much, Mr. Speaker. Well, I am very happy that the third item was included. In the opinion of this Representation, probably the most important item is the efforts of the Department of Foreign Affairs. I fully agree that in resolving this very ticklish issue, priority should be given to diplomacy. Whether we have the military capability or not, whether our claim is very strong or not, to me the primordial consideration is how we diplomatically navigate through this problem and through this challenge. Now, on the efforts of the Department of Foreign Affairs, may I know at this stage whether the distinguished colleague from Eastern Samar is pleased with the way that the DFA has been handling this challenge from the time that it cropped up, particularly in the mid-90s with the discovery of the Mischief Reef. REP. EVARDONE. Well, Mr. Speaker, I think the DFA has taken positive steps in this regard which resulted in the ASEAN Ministers declaration of support to the Philippine claim. That is as far as the 1995 issue is concerned. With regard to the recent incidents, I think, seven incidents in the last four months, the DFA also initiated some steps. But more than that, this Representation believes that aside from taking up the issue bilaterally with the Chinese counterpart, we should elevate the issue to the ASEAN Forum and to the United Nations, Mr. Speaker, because this Representation believes that this issue is not confined between the Philippines and China. This has bearings, as amply stated by our colleague, over other claimants and other neighboring countries in the region, Mr. Speaker. REP. GOLEZ (R.). Thank you, Mr. Speaker. I fully agree that it is very important to really internationalize this issue because the other country, the big power in the area, would like to handle it on a bilateral basis, on a one-on-one basis,

14 with the other claimants. Of course, Vietnam is against this. The other countries are against this. We have to insist on that multi-lateral approach. Mr. Speaker, I think we have been strengthened by the statement of no less than the Secretary of State of the United States, Hillary Clinton, sometime I think in March 2010 during her presence in the ASEAN Ministers Conference in Vietnam, where she said that it is very important to recognize the importance of freedom of navigation and, of course, to have an international solution to this. As the distinguished Gentleman from Eastern Samar is fully aware of it, this triggered, if I may say, a very hostile and strong response from the Foreign Minister of China, in this particular case. It also triggered a number of things and that are still continuing. In fact, this became blown up all of a sudden from a very quiet hiatus for so many years, and then the new Secretary of State came into the picture. Mr. Speaker, distinguished colleague, we should also assess the role of the Department of Foreign Affairs in strengthening our position and probably in guiding the Department of Foreign Affairs. In this particular case, we may be talking to the Department of Foreign Affairs, but it is very important to impress upon the other claimants, especially the big claimant, that Congress, particularly, the House of Representatives, can take a different independent position, not necessarily in unison with the Department of Foreign Affairs that must diplomatically handle this. We can be more assertive. It is very important that we handle it in the same way that we handled the Mischief Reef controversy in 1994 and in 1995. Would the distinguished colleague from Eastern Samar agree to that approach? REP. EVARDONE. That is very much correct, Mr. Speaker. In fact, one of the objectives of the congressional inquiry that I am proposing, as succinctly pointed out by our colleague, is to precisely assert the inherent right of Congress to help shape foreign policy and contribute to forge a national consensus on the issue so that the Executive branch will not be alone in this endeavor. REP. GOLEZ (R.). Mr. Speaker, the other very important item which we can consider also is to revisit the Baselines Law that was enacted in the last Congress. The Baselines Law adopted the regime of islands approach. I am very sure that our distinguished colleague is very familiar with this. This Representation was against that when it was tackled here in Congress, but I have to yield to the majority, especially because of the very strong appeal from the Department of Foreign Affairs. It is the position of this Representation that it weakened very significantly our claim, especially on the territorial sea because with the regime of islands approach adopted in the Baselines Law enacted in the last Congress, we had to practically yield a big portion of what I consider our territorial sea if we approach it from a baseline, where the baselines will be interconnected from the mainland of Luzon, Palawan, then extending up to the various islands that we are claiming in the Spratlys area, back to Palawan. That body of water that we claim we own between the islands in the Spratlys and the mainland of Palawan is quite a big body of water which, as correctly mentioned by our distinguished colleague, is potentially rich in natural resources, natural gas, fossil fuel, and of course, marine resources, not to mention the fact that this is very, very critical

TUESDAY, JUNE 7, 2011 in the principle of freedom of navigation because the Palawan passage is right through that big body of water. REP. EVARDONE. That is correct. I think there is no harm if we revisit that approach in asserting our claim, Mr. Speaker. REP. GOLEZ (R.). Mr. Speaker, two days ago, one very prominent Filipino-Chinese businessman, Mr. Francis Chua, who I believe is the president of the Federation of FilipinoChinese Chamber of Commerce Incorporated, made a proposal. Perhaps this is something that the House and our distinguished colleague can study and try to find out whether there is wisdom in that proposal, and to allow the businessmen to come in, in other words, businessmen here in the Philippines, businessmen in China, and probably businessmen in other countries who have a very strong stake on peace and harmony with respect to the islands that are being claimed in the South China Sea and the Spratlys, also, the businessmen who would be very concerned about instability that may arise because of the conflict in the area. May I know from the distinguished colleague whether this is something that he would conform to, to allow businessmen to be at the forefront of reaching an agreement? In other words, it is a very informal approach instead of the official approach through the Department of Foreign Affairs, through the ASEAN and other multi-lateral organizations. Let them be the one to be at the forefront. REP. EVARDONE. I think that is an acceptable approach, Mr. Speaker, within the ambit of the proposal of the President to have a Zone of Peace, Freedom, Friendship and Cooperation. In fact, there are other precedents, Mr. Speaker, wherein conflicting claims have been resolved through joint efforts. For instance, Malaysia and Indonesia undertook negotiations in 1969 leading to an agreement in 1970 delimiting the respective continental shelf boundaries in the South China Sea between the Peninsular Malaysia and Anambas Islands and between Natuna Islands of Indonesia and Sarawak of Malaysia. Also, Mr. Speaker, bilateral joint developments in contiguous zones in South China Sea have also been pursued, like for instance, between the Chinas National Offshore Oil Corporation and the Chinese Petroleum Corporation of Taiwan, precisely, Mr. Speaker, to have a joint exploration of the Zhujiang Delta near the Tungsha Pratas Island in the northern end of South China Sea which also have conflicting claims. So, there is a trove of precedents involving the private sector, Mr. Speaker. REP. GOLEZ (R.). Thank you, Mr. Speaker. Mr. Speaker, this particular approach reminds me of a book that I recently read. This is the international best-selling book by George Friedman, The Next 100 Years. George Friedman, as a lot of people know, is the founder of Stratfor and in one of the chapters of his book, he talked about the possible conflict between China and the United States, the US being the sole superpower right now but is being challenged by China which is the emerging superpower. According to George Friedman, he doubts whether a military

TUESDAY, JUNE 7, 2011 conflict or physical conflict could happen between the two countries because of the possible and the very likely intervention by big businessmen who are now enjoying the fruits of a very good commercial trade relationship between China and the United States. As we all know, the Chinese industries are manufacturing a lot of products that are being exported to the United States, and the US as an investor in China. This very productive economic relationship would be disturbed if there would be a conflict and a lot of money, billions or probably even trillions of dollars, could be lost by big businessmen. That is very much different with how it was before World War II when the situation was not as globalized as it is today. Today it is very different. Big businessmen are there and we all know that big businessmen can also influence also government policy, especially international policy. So, I fully agree that this is a very productive approach and probably a very wise approach. Even in the congressional inquiry, we can invite these Gentlemen to share with us their wisdom so that we can really have a holistic approach here. Instead of confining it to the government, let the other stakeholders participate in promoting peace and harmony. REP. EVARDONE. I fully agree, Mr. Speaker, that an armed conflict in this area is very far-fetched because of the enormous stake being enjoyed by the neighboring countries, especially the ASEAN member countries. We have a very large inter-trade relations. The navigational freedom is very critical, Mr. Speaker. I think not only the Philippines, but China also, cannot afford to disturb peace and tranquility in the area. REP. GOLEZ (R.). Yes, thank you. I am happy that the distinguished Gentleman is in agreement. I, for one, am very confident that, judging from past experiences, businessmen are probably even more capable of subdividing a territory of conflict, especially considering that the bulk of the problem here would be the potential economic resources that could be available in the South China Sea area. Finally, on the military aspect, what would be the thinking of our distinguished colleague? Would our distinguished colleague be proposing that we accelerate the build up of our military capability in order to also have a military approach in resolving the problem in the area? REP. EVARDONE. Well, Mr. Speaker, I must admit that I am not an expert in this field, very much unlike our distinguished colleague, but I think in my personal opinion, a respectable presence in the area would already suffice so as not to provoke also or create some kind of unease in that area. REP. GOLEZ (R.). For example, Mr. Speaker, distinguished colleague, Vietman has already made a pronouncement. In fact, I saw that pronouncement only yesterday. That is a 48-hour-old pronouncement where Vietnam made a declaration that their navy is prepared to defend their claims in the South China Sea. Their navy is very, very small compared to the capability of the Chinese navy in the area. In fact, at least twice, the Vietnam navy was mauled by the Chinese navy in the area, even resulting in a substantial amount of casualties on the part of the Vietnamese. In spite of that, they have made the declaration that their navy

15 is prepared to protect their interest there. May we know the reaction of our distinguished colleague. REP. EVARDONE. Definitely, Mr. Speaker, we fully agree with the observation of our distinguished colleague that we must also be prepared to protect our right to claims militarily, if necessary. REP. GOLEZ (R.). Thank you, Mr. Speaker. The other one, Mr. Speaker, we could have formulated a very good baseline approach to define our territorial sea, had we erected lighthouses in several key islands and reefs in the South China Sea, especially in the Spratlys. For example, in the Sabina Shoal and in the Iroquois Shoal, there was a proposal on the part of the Philippine Navy, and I think even the Philippine Coast Guard, to erect those lighthouses 10 years, 15 years ago, but it was the Department of Foreign Affairs that interposed an objection because of the fear that it might antagonize the other parties. This is precisely the reason also, that became the argument in opposing a baseline approach that would extend the baselines to the Philippines all the way to the Spratlys area because of the lack of lighthouses. I find that very sad, Mr. Speaker. I find that the very weakness caused by the DFA is the very weakness that they invoked in objecting to the baselines that would extend to our islands in the South China Sea, in the Spratlys. Perhaps, this is something that we can also review during the congressional inquiry proposed by our distinguished colleague. REP. EVARDONE. I cannot agree more, Mr. Speaker, to the observations of our distinguished colleague, but may this Representation be allowed to make a manifestation. Much as I want to accede to more interpellations from our learned colleague and our other colleagues, before I took the floor, I made a commitment to the Majority Leader that I will not, in fact, entertain some questions so as not to delay some vital matters at hand. So, if I may, with due consideration to our distinguished colleague, REP. GOLEZ (R.). Thank you. I was about to conclude already, Mr. Speaker. In fact, that was my last question to our distinguished colleague. With that final observation, may I congratulate our distinguished colleague from Eastern Samar. In spite of the fact that his province is facing the other sidethe Pacific Ocean and not the South China Sea, he took it upon himself to stand up and express in a very strong and a very learned way his concerns about the issue of the Spratlys and the South China Sea. Marami pong salamat, Mr. Speaker. Thank you so much, distinguished colleague from Eastern Samar. REP. BELLO. Mr. Speaker. REP. EVARDONE. Maraming salamat din po sa ating Kinatawan ng Paraaque. Maraming salamat po, Mr. Speaker. REP. GONZALES (N.). Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The Majority Leader is recognized.

16 REP. BELLO. Mr. Speaker. REP. GONZALES (N.). I move, Mr. Speaker, that the speech of the distinguished Gentleman, the Honorable Evardone, as well as the interpellations thereto, be referred to the proper committee. REP. FUA. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). So directed. REP. GONZALES (N.). Mr. Speaker, a while ago, this Representation made a motion... REP. FUA. Mr. Speaker, I move for the reconsideration of the motion and the decision of the Chair. THE DEPUTY SPEAKER (Rep. Fuentebella). What is the pleasure of the Gentleman from Siquijor? Please speak louder. REP. FUA. I want to ask one question only, Mr. Speaker. REP. GONZALES (N.). Mr. Speaker, the Gentleman has already taken his seat. In fact, he has already manifested that he would no longer... REP. FUA. Will the Minority be deprived of a right to interpellate even if he has ideas on the matter? REP. GONZALES (N.). Mr. Speaker. REP. FUA. Why was a Majority Member recognized first but not a Member from the Minority? REP. GONZALES (N.). If the Honorable Evardone will have a change of mind later and would like to further entertain questions, it would be up to him, Mr. Speaker. REP. FUA. In that case, Mr. Speaker, I will not ask a question any more, but let it be on record that the Minority has been deprived of its right to interpellate the Gentleman from the Majority. THE DEPUTY SPEAKER (Rep. Fuentebella). The Majority Leader made a manifestation that if the Gentleman from Eastern Samar would still stand up to be interpellated, he would be willing to do so. But inasmuch as the Gentleman from Eastern Samar already sat down, then procedurally, we really cannot force him to be interpellated. REP. GONZALES (N.). In fact, Mr. Speaker, the Majority, through the Majority Leader or the members of the Rules Committee never intended to deprive the Minority of its right to interpellate. As I have said, considering that the Gentleman, the Honorable Evardone, rose on a matter of personal and collective privilege, it is within his right to refuse interpellation. That is the reason I made the motion, Mr. Speaker. Anyway, to continue, Mr. Speaker, a while ago this Representation made a motion to adopt the Senate

TUESDAY, JUNE 7, 2011 amendments on House Bill No. 4146. In accordance with the request of the distinguished Minority Leader, we have already provided copies to our Members. So, may we now recognize the distinguished Minority Leader for his manifestation. THE DEPUTY SPEAKER (Rep. Fuentebella). The Minority Leader has the floor. REP. LAGMAN. Mr. Speaker, I was asking some Members of the House, particularly the Sr. Dep. Minority Leader and the Chairman of the Committee on Ethics, and I was told they have not received a copy of the Senate-approved amendments to the House version of the bill on the ARMM elections postponement. THE DEPUTY SPEAKER (Rep. Fuentebella). I think the Majority Leader just furnished the Sr. Dep. Minority Leader a copy. REP. LAGMAN. Wala pa raw, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). For the record, the Majority Leader just furnished the Sr. Dep. Minority Leader a copy . REP. LAGMAN. How about the rest of the Members? How about the Chairman of the Committee on Ethics, the Honorable Aumentado? THE DEPUTY SPEAKER (Rep. Fuentebella). What does the Majority Leader say? REP. GONZALES (N.). Mr. Speaker, may we instruct the Secretary General to likewise make sure that the distinguished Chairman of the Committee on Ethics be provided a copy. REP. LAGMAN. So with the other Members, Mr. Speaker. I just checked with the Honorable Bataoil and he has not received his copy. So, may I request that we suspend further consideration of the motion of the Majority Leader, pending the receipt by all Members of the requested copy. THE DEPUTY SPEAKER (Rep. Fuentebella). The Majority Leader is recognized. REP. GONZALES (N.). Mr. Speaker, may we just remind the Members that we will be adjourning sine die by tomorrow. Considering that both the House bill and the Senate bill are certified, then by tradition, during the last 15 days before ending a regular session, we only provide certain copies to our Members. We feel that we have already complied with that tradition, considering that we will soon be adjourning sine die, Mr. Speaker. I think, Mr. Speaker, we have already substantially complied with the requirement in our rules and the past rulings of the Chair. To require that each Member be provided with a copy will be inconsistent and would be a departure from previous practice, considering that, as I have said, we will soon be adjourning sine die, and that both the House and the Senate versions are certified, Mr. Speaker.

TUESDAY, JUNE 7, 2011 SUSPENSION OF SESSION THE DEPUTY SPEAKER (Rep. Fuentebella). The session is suspended. It was 5:49 p.m. RESUMPTION OF SESSION At 5:51 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Minority Leader is recognized. REP. CAGAS. Mr. Speaker. REP. LAGMAN. Mr. Speaker, the eventual adjournment of the First Regular Session of the Fifteenth Congress should not be an excuse for not giving all Members copies of the very important Senate amendments to the House version. In any event, I saw that there were already copies distributed and I would say that this will be in compliance with the requirement, Mr. Speaker. So, may I proceed with my manifestation. THE DEPUTY SPEAKER (Rep. Fuentebella). Please proceed. REP. LAGMAN. The amendments introduced by the Senate to the House bill are not minor amendments. They are very major amendments and the differences are crucial which would need the meeting of a bicameral conference committee to iron out the differences. Let me go to the differences, Mr. Speaker. On Section 1 of the Senate approved version, there is a provision on the Declaration of Policy. It reads: IN ACCORDANCE WITH THE INTENT AND MANDATE OF THE CONSTITUTION AND REPUBLIC ACT NO. 7166, ENTITLED: AN ACT PROVIDING FOR SYNCHRONIZED NATIONAL AND LOCAL ELECTIONS AND FOR ELECTORAL REFORMS, AUTHORIZING APPROPRIATIONS THEREFOR, AND FOR OTHER PURPOSES IT IS HEREBY DECLARED THE POLICY OF THE STATE TO SYNCHRONIZE NATIONAL AND LOCAL ELECTIONS. x x x This declaration of policy would like to impress that in the synchronization of elections under Republic Act No. 7166, the ARMM elections was also intended to be synchronized. Nowhere in Republic Act No. 7166 was the ARMM elections mentioned, much more intended to be synchronized, with the national and local elections. Mr. Speaker, Republic No. 7166 was enacted on November 26, 1991. That was after the enactment of Republic Act No. 6734, the Organic Act for the Autonomous Region in Muslim Mindanao, which was approved on August 1, 1989. In other words, there was already the ARMM and there were elections conducted in the ARMM prior to and pending the SEC. 2. Date of Elections.In accordance with the policy herein before stated, there shall be election for President, Vice President, 24 Senators, all elective Members of the House of Representatives and all elective provincial, city and municipal officials on the second Monday of May 1992.

17 enactment of Republic Act No. 7166. If it were the intention of Congress to include in the synchronization the ARMM elections, it should have categorically stated in Republic Act No. 7166 the synchronization of the ARMM elections with the national and local elections, but it did not. The purpose here is to maintain the autonomy of the ARMM consistent with the Constitution and its Organic Law. Let me read some pertinent provisions of Republic Act No. 7166:

Not mentioned here is the ARMM and the ARMM elections, Mr. Speaker. In the election of members of the Sangguniang Panlalawigan, Sangguniang Panlungsod and Sangguniang Bayan found in Section 3, again, there was no mention about the ARMM or the ARMM elections. So, the unequivocal intent of Republic Act No. 7166 is to synchronize the national and local elections excluding the ARMM elections. So, we question the policy statement in Section 1 referring to Republic Act No. 7166. As a matter of fact, this was not even provided for in the House bill because the House was aware that Republic Act No. 7166 did not include the ARMM elections, as an election, to be synchronized with the national and local elections. This is a major departure from the House bill and there is a need for a bicameral conference committee to resolve this difference. There is another amendment as found in Section 3 on the Appointment of Officers-in-Charge, but to this Representation, it is not that crucial. It just paraphrased the provisions found in the House bill. The more crucial and major amendment is on Section 4, which provides: Manner and Procedure of Appointing Officerin-Charge.There shall be created a screening committee whose members shall be appointed by the President which shall screen and recommend in consultation with the Speaker of the House of Representatives and the Senate President the persons who will be appointed as officer-in-charge. This is an improvement possibly of the House version because the House version gave a blanket authority to the President in the appointment of OICs, which I think is even constitutionally infirm, because it exceeds the power granted to the President only of supervision and not of control. But in any event, this is a provision which is attempted to deodorize the awesome power granted to the President to appoint the OICs. Since this screening committee is composed of members who shall be appointed by the President, so it is beholden to the President. In other words, it would recommend what the President would want. It does not even say how many members should there be. It just says members. If a bicameral conference committee would be called, then the House can propose important amendments to this amendment like for example the aspect of naming who would be the

18 members of the screening committee, so much so that it will be an honest-to-goodness working screening committee, not a mere rubber stamp of the President. Another major amendment, which would necessitate the convening of a bicameral conference committee, is the deletion in the House version of the eligibility of appointed officers-in-charge in running for the next regular elections slated on the second Monday of May 2013. That was a safeguard which the House version included, so much so that the President who already has the power to appoint the OICs will not be given that power to anoint who will be the next regular officials of the ARMM, because this derogates the autonomy of Muslim Mindanao. Mr. Speaker, again, this provision is another major amendment where there is a need for a bicameral conference committee. Now, let me go, Mr. Speaker, to the provision of our rules on the bicameral conference committee which states: Section 61. Conference Committee.In cases where the House does not agree with the Senate on any amendment to any House bill or joint resolution, or where the Senate has approved a similar bill to a House-approved bill, and these measures have conflicting provisions, differences may be settled by conference committees composed of representatives from both Chambers. These particular amendments of the Senate on the House version verily shows the conflicting provisions that ensued, so much so that under our Rules, a bicameral conference committee should be constituted in order to resolve the differences. A more telling justification for why we should have a bicameral conference committee is found in the second paragraph of Section 61 on Conference Committee. It reads, and I quote: In resolving the differences between the two measures with the Senate panel, the House panel shall, as much as possible, adhere to and support the House bill x x x . It says adhere to and support the House bill. We should not abandon a duly approved measure of the House. We should not surrender to the Senate. But here, we are immediately surrendering to the Senate. We are not even calling for a bicameral conference committee to defend the version of the House. I think this is a derogation of the power of the House to defend its version. The provision continues: If the differences with the Senate bill are so substantial that they materially impair the House bill, the panel shall report such fact to the House for the latters appropriate action. I submit, Mr. Speaker, that the amendments of the Senate impair the House version, and the bicameral conference committee should be constituted so that the proper report to this Body can be made. As a final statement, Mr. Speaker, let me ask, has the Senate-approved bill with amendments been referred to the House Committee on Suffrage and Electoral Reforms for its

TUESDAY, JUNE 7, 2011 consideration and recommendation to the House? Since this bill was sponsored by the House Committee on Suffrage and Electoral Reforms, I think it is incumbent for the leadership of the House to respect the committee system and refer the amendments of the Senate to the Committee on Suffrage and Electoral Reforms for its consideration and recommendation. I am informed that such action has not been taken and the Committee on Suffrage and Electoral Reforms has not yet had any meeting on this particular subject. In view of all the foregoing, Mr. Speaker, I ask my distinguished colleagues to vote against the motion of the distinguished Majority Leader that we concur with the amendments of the Senate. In lieu of such motion, there should be a motion seasonably made that a bicameral conference committee be constituted, and members of the committee from the Majority and the Minority be nominated and appointed. Thank you, Mr. Speaker, thank you, distinguished colleagues. REP. DATUMANONG. Mr. Speaker. REP. CAGAS. Mr. Speaker. REP. DATUMANONG. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The distinguished Sr. Dep. Minority Leader is recognized. The Honorable Datumanong is recognized. REP. DATUMANONG. Thank you very much, Mr. Speaker. I am not the Sr. Dep. Minority Leader. I am not even a member of the Committee on Rules, but I am a member of the Minority. Mr. Speaker, I would have said in a short manifestation what the distinguished Minority Leader had said, or part thereof. I agree with him. I agree with what he said, but I rose, Mr. Speaker, only to ask that my no vote be made on record, because I think the intention here of the Majority Leader is to have a viva voce vote on his motion. So, before we do it, I would like to register my no vote. Thank you. THE DEPUTY SPEAKER (Rep. Fuentebella). At the proper time, we would do that. REP. CAGAS. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). What is the pleasure of the distinguished Gentleman from Davao del Sur? REP. CAGAS. I have a manifestation, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). Please proceed. REP. CAGAS. I am also in agreement with the Minority Leader, but I am manifesting these statements not as a member of the Minority but primarily as a legislator and a legislator from Mindanao. Mr. Speaker, I fully concur with the statements of the Hon. Edcel C. Lagman. However, may I add something, Mr.

TUESDAY, JUNE 7, 2011 Speaker. Not only that we have easily surrendered to the wishes of the 13 Senators who voted for the postponement of the ARMM elections, but we are also tolerating an insult to this House as an institution. Mr. Speaker, I am holding with my left hand a communication from the Senate Bills and Index Service, a two-page fax copyfax po ito, Mr. Speaker. Can we imagine? We are putting the fate of the entire Muslim Mindanao in a two-page fax copy from the Senate Bills and Index Service with fax number 5526845. Sus Ginoo ko, Mr. Speaker. If this is not an insult to this House and its leadership, then I would no longer know what an insult is. Mr. Speaker, there are so many issues involving the ARMM, but since this is only a manifestation, I would only point out one. If we are to appoint the governor and the members of the assembly, then there is a very big issue here. Does an appointive assembly of the ARMM possess the necessary credibility and legitimacy? Members of an assembly like this Congress, like the House of Representatives, are necessarily elected and therefore as appointed members of the legislative assembly of the ARMM, do they now possess the necessary legitimacy and credibility? This is only one of the issues that we, Congressmen, ought to think very deeply. I do not want to belabor this with so much time, but I would like to register my no vote to the postponement of the ARMM elections particularly with this insult from a twopage fax copy of the Senate Bills and Index Service. Thank you very much, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). Okay. The Minority Leader is recognized. REP. LAGMAN. Mr. Speaker, there were Members who already cast their negative votes or had their negative vote recorded in advance. In view of those manifestations, I will have a parliamentary inquiry for guidance from the Speaker. The last paragraph of Section 62 on Conference Committee Report says that, A conference committee report shall be ratified by a majority of the Members of the House present, there being a quorum. I am referring to this because by parity of reasoning, in the absence of a conference committee report in a motion to concur with the amendments of the Senate, how is the vote taken? Should there be a majority vote? And if there is a majority vote, how do we reckon the majority if it is viva voce? Should it not be by a roll call vote, Mr. Speaker? THE DEPUTY SPEAKER (Rep. Fuentebella). That query of the distinguished Minority Leader is very well-taken but when we go into the vote, the usual procedure is to submit to ayes and nays. In the event that a question was made by any Member as to the outcome of the ayes and nays, then the next vote is to come up with the division of the House. It is as simple as that. So, I think it is a very complicated matter. It is very clear here on Section 62, as cited by the distinguished Minority Leader, that it should be ratified by a majority of the Members present, there being a quorum. REP. GONZALES (N.). Additionally, Mr. Speaker, may we remind the Members that the reason we only do a viva voce vote in a bicameral conference committee report is that we have already approved the bill on Third Reading. We have authorized the bicameral conference committee members to

19 represent our institution in the bicameral conference committee so we give them our full authority, and that is the reason we only do a viva voce voting. Similarly, Mr. Speaker, we are not tackling a committee report. We are tackling a motion on an amendment to a bill which has already passed on Third Reading and, as a consequence of which, we will only do a viva voce vote. For those who disagree, then procedurally and parliamentarily, we can register our vote by making sure that at least 20 percent of the Members wish to undergo a nominal voting so that they will be able to register their vote. Nevertheless, we have always been lenient in allowing Members to register their vote, one way or the other, without necessarily going to the process of nominal voting. Just a short response to the statement of the distinguished Minority Leader and the brief manifestation of the Gentleman from Davao del Sur. We are not surrendering any power; this is but a recognition that both Houses of Congress can make an amendment to the version of each other in the same manner that it is unheard of before, Mr. Speaker, that certain Senate versions of a Senate bill have been amended by the House, and to avoid a bicameral conference committee, then the said Senate counterpart accepts the amendment of the House, and vice-versa. There were measures in the past, be it national or local, that have been amended by the Senate, and to avoid a bicameral conference committee report, then we accept the amendment of the Senate. That is it. The bill gets enrolled by one House, then it is sent for signature of the President. In fact, Mr. Speaker, what we are doing today is better than a bicameral conference committee report, where only a few Members represent the House. This is a matter that the entire plenary will be deciding; and that is the reason I am making that motion. The fact that we will be adjourning sine dieand considering that the election we are supposed to be postponing will be held in August, and to avoid a bicameral conference committee report and to allow us to adjourn sine die instead of waiting for the bicameral conference committee report, or instead of the President calling for a special election should we fail to act on the matteris the reason on which I predicated my motion. With that, Mr. Speaker, I think the matter had been sufficiently discussed. REP. CASIO. Mr. Speaker. REP. LAGMAN. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). Before the Minority Leader is recognized, will the Minority Leader allow the Chair to make further clarification on his query? REP. LAGMAN. Certainly, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). With the permission of the Gentleman, the Honorable Casio, for the information of the Body, in the past Congresses, I especially recall during the time of former Speaker Jose de Venecia, the procedure at that time was that all bills that were approved in the House and transmitted to the Senate, then subsequently returned to the House, are ratified by nominal voting. However, Congresses after that have adoptedI think it was initiated by no less than our distinguished Majority Leader that we discard that procedure on nominal voting for purposes

20 of ratifying bills that have been referred back by the Senate in the event that there are disagreeing provisions. For these reasons, thereafter, Congress after Congress, the House has adopted such procedure to avoid and obviate a nominal voting procedure when it comes to the ratification of bills transmitted back to the House by the Senate. The rationale for that was the fact that it is really very messy since we have already approved it on Third Reading through nominal voting, and then we have to conduct again another nominal voting for its ratification. That is why it was amended, and subsequently adopted by the subsequent Congresses. That is just a clarification made by the Chair to simplify the procedure which the distinguished Minority Leader inquired into. REP. LAGMAN. Mr. Speaker. REP. CASIO. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). Please proceed. REP. LAGMAN. Mr. Speaker, let me make a different position with respect to the statement of the Majority Leader that what we are having now is better than a bicameral conference committee. We are not in any conference, Mr. Speaker. The bicameral conference committee has a very specific purposeto resolve the differences between the House and the Senate versions with a panel from the House and a panel from the Senate through an interchange of views and positions. There are no two panels here. So definitely, this is not better than a bicameral conference committee where we have counterparts in a conference. Mr. Speaker, a bicameral conference committee is a layer before the bicameral conference committee report is ratified by each House. So, it will have to pass the furnace of two layersthe voting in the bicameral conference committee and the voting in the ratification stage by both Houses respectively. Now, we go to the nature of voting with respect to a bicameral conference committee report. It is true that, lately, we have been following a practice where bicameral conference committee reports are ratified by a viva voce vote. In the past, the distinguished Gentleman is correct. We have followed another rule which is nominal voting with respect to bicameral conference committee reports, particularly on very crucial measures. I recall during the Eighth Congress, we subjected the bicameral conference committee report on the Comprehensive Agrarian Reform Law to a nominal voting with respect to its ratification. While it is true that the House version has been passed already by the House, there is no need for another nominal voting, just like in a Third Reading vote. But in this particular case, what is being presented to this Chamber is a completely different version. It has been amended by the Senate and this was not the bill approved by the House on Third Reading. That is why we are suggesting that a bicameral conference committee be conducted and, at the proper time, a nominal voting be made because we are now being confronted by a completely different version from the one which the House approved on Third Reading. Thank you, Mr. Speaker.

TUESDAY, JUNE 7, 2011 THE DEPUTY SPEAKER (Rep. Fuentebella). Very well, REP. CASIO. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). Very well, this matter or this issue has been substantially discussed for several hours now, and before we go into a vote, will the Majority Leader please restate his motion to clarify the present parliamentary situation. REP. CASIO. Mr. Speaker. REP. GONZALES (N.). Mr. Speaker, the motion is to accept the amendments of the Senate on House Bill No. 4146. REP. CASIO. Mr. Speaker, may we make a short manifestation just for the record. THE DEPUTY SPEAKER (Rep. Fuentebella). Before we vote, the Honorable Casio is recognized. REP. CASIO. Thank you, Mr. Speaker. This Representation is from the Majority, but just for the record, we would like to manifestand I am sure that my colleagues in the Makabayan coalition of the party-list bloc here in the House would agree that we oppose the bill on Third Reading, and we accept that the Majority has already approved this bill. However, we share the concerns of the Minority that we are going through this the wrong way. In my experience, when there are two versions of the bill, it really passes through a bicameral conference committee. For us to simply do away with that stage, and to simply adopt in toto without going through the amendments of the Senate line by line, I think that is a bad precedent. Sometimes, we call this a shortcut, we call this a railroad, but basically, we are undermining our own rules and procedure in the House. This is very significant, Mr. Speaker, because in the proposed amendments, not only is there a postponement of the polls, not only is there an appointment of OICs, both points we have already mentioned our objections to, but the amendments also add one more thingthe prohibition on the OICs to run for the next election has been removed. In other words, Mr. Speaker, ang maa-appoint na OIC under the House version cannot run for the 2013 synchronized elections; but under this amendment, the appointees of Malacaang will still be allowed to run for the next ARMM elections. Again, that is a blow to the principle of genuine autonomy which we seek to uphold. In any case, Mr. Speaker, we would like to register those observations and our objection as well, to this process of simply adopting in toto the Senates amendments without passing through a bicameral conference committee. Thank you, Mr. Speaker, and I also thank the Majority Leader. THE DEPUTY SPEAKER (Rep. Fuentebella). Okay. Now, before we go to a vote, the Majority Leader has already restated his motion, and the motion is to adopt the Senate version REP. GONZALES (N.). To accept, Mr. Speaker

TUESDAY, JUNE 7, 2011 THE DEPUTY SPEAKER (Rep. Fuentebella). rather, to accept the Senate amendments REP. GONZALES (N.). the amendments of the Senate on House Bill No. 4146. VIVA VOCE VOTING PERIOD OF SPONSORSHIP AND DEBATE THE DEPUTY SPEAKER (Rep. Fuentebella). on House Bill No. 4146. As many as are in favor of the motion of the Majority Leader, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. FEW MEMBERS. Nay. THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; the motion of the Majority Leader is approved. SUSPENSION OF SESSION REP. GONZALES (N.). Mr. Speaker, may I ask for a few minutes suspension of the session. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is suspended. It was 6:27 p.m. RESUMPTION OF SESSION At 6:35 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Mr. Speaker, may we acknowledge the presence of our guests in the gallery. We have the members of the Neo Cathecumenate Communities of Lourdes, Quezon City. They are the guests of Hon. Roilo S. Golez. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. REP. GARIN (J.). May we also acknowledge the Camarines Norte High School Batch 78 from Daet, Camarines Norte, with special mention to Ms. Gina Alonzo, who graduated summa cum laude from Maui High School. They are the guests of the Hon. Elmer E. Panotes. THE DEPUTY SPEAKER (Rep. Fuentebella). Please rise. Welcome to the House of Representatives. (Applause) REP. GARIN (J.). Mr. Speaker, I move that we take up items in the Business for the Day.
* See MEASURES CONSIDERED (printed separately)

21 THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. CONSIDERATION OF H.B. NO. 4791 ON SECOND READING

REP. GARIN (J.). Mr. Speaker, I move that we consider House Bill No. 4791, as contained in Committee Report No. 1172, as reported out by the Committee on Higher and Technical Education. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Bill No. 4791, entitled: AN ACT PENALIZING THE IMPOSITION OF A NO PERMIT, NO EXAM POLICY OR ANY SUCH POLICY THAT PROHIBITS STUDENTS OF POSTSECONDARY AND HIGHER EDUCATION FROM TAKING THEIR MIDTERM OR FINAL EXAMINATIONS DUE TO UNPAID TUITION AND OTHER SCHOOL FEES. REP. GARIN (J.). Mr. Speaker, I move that the Explanatory Note of the measure be considered as its sponsorship speech. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, since no Member has registered to speak against the bill, I move that we close the period of sponsorship and debate. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, since there are no committee or any individual amendments, I move that we close the period of amendments. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I now move that we approve House Bill No. 4791 on Second Reading.

22 VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of the motion of the Sr. Dep. Majority Leader to approve House Bill No. 4791 on Second Reading, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. FEW MEMBERS. Nay. APPROVAL OF H.B. NO. 4791 ON SECOND READING THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; the motion is approved. House Bill No. 4791 is approved on Second Reading. REP. GARIN (J.). Thank you, Mr. Speaker. CONSIDERATION OF H.B. NO. 4801 ON SECOND READING PERIOD OF SPONSORSHIP AND DEBATE REP. GARIN (J.). Mr. Speaker, I move that we consider House Bill No. 4801, as contained in Committee Report No. 1178, as reported out by the Committee on Trade and Industry. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Bill No. 4801, entitled: AN ACT AMENDING CERTAIN PROVISIONS OF REPUBLIC ACT NO. 7581 ENTITLED AN ACT PROVIDING PROTECTION TO CONSUMERS BY STABILIZING THE PRICES OF BASIC NECESSITIES AND PRIME COMMODITIES AND BY PRESCRIBING MEASURES AGAINST UNDUE PRICE INCREASES DURING EMERGENCY SITUATIONS AND LIKE OCCASIONS AND FOR OTHER PURPOSES. REP. GARIN (J.). Mr. Speaker, I move that the Explanatory Note of the measure be considered as its sponsorship speech. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.
* See MEASURES CONSIDERED (printed separately)

TUESDAY, JUNE 7, 2011 REP. GARIN (J.). Mr. Speaker, since no Member has registered to speak against the bill, I move that we close the period of sponsorship and debate. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, since there are no committee or individual amendments, I move that we close the period of amendments. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I now move that we approve on Second Reading House Bill No. 4801. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of approving House Bill No. 4801 on Second Reading, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. FEW MEMBERS. Nay. APPROVAL OF H.B. NO. 4801 ON SECOND READING THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; the motion is approved. House Bill No. 4801 is approved on Second Reading. REP. GARIN (J.). Thank you, Mr. Speaker. CONSIDERATION OF H.B. NO. 4807 ON SECOND READING PERIOD OF SPONSORSHIP AND DEBATE REP. GARIN (J.). Mr. Speaker, I move that we consider House Bill No. 4807, as contained in Committee Report No. 1182, as reported out by the Committee on National Cultural Communities. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary

TUESDAY, JUNE 7, 2011 General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Bill No. 4807, entitled: AN ACT PROHIBITING RACIAL, ETHNIC AND RELIGIOUS DISCRIMINATION. REP. GARIN (J.). Mr. Speaker, I move that the Explanatory Note of the measure be considered as its sponsorship speech. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I move that we close the period of sponsorship and debate. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Thank you, Mr. Speaker. I now move that we open the period of amendments. However, there being no committee or individual amendments, I move that we close the same. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I move that we approve on Second Reading House Bill No. 4807. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of approving House Bill No. 4807 on Second Reading, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. (Silence) APPROVAL OF H.B. NO. 4807 ON SECOND READING THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; House Bill No. 4807 is approved on Second Reading. REP. GARIN (J.). Thank you, Mr. Speaker. CONSIDERATION OF H.B. NO. 4812 ON SECOND READING PERIOD OF SPONSORSHIP AND DEBATE REP. GARIN (J.). Mr. Speaker, I move that we consider House Bill No. 4812, as contained in Committee Report No.
* See MEASURES CONSIDERED (printed separately)

23 1191, as reported out by the Committees on Ecology, Appropriations, and Ways and Means. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Bill No. 4812, entitled: AN ACT PROVIDING FOR A COMPREHENSIVE HAZARDOUS AND RADIOACTIVE WASTES MANAGEMENT, PROVIDING PENALTIES FOR VIOLATIONS THEREOF, AND FOR OTHER PURPOSES. REP. GARIN (J.). Mr. Speaker, I move that the Explanatory Note be considered as the sponsorship speech on the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Thank you, Mr. Speaker. I now move that we close the period of sponsorship and debate. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Thank you, Mr. Speaker. I now move that we open the period of amendments. However, there being no committee or individual amendments, I move that we close the same. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Thank you, Mr. Speaker. I now move that we approve on Second Reading House Bill No. 4812. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of approving House Bill No. 4812 on Second Reading, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. (Silence)

24 APPROVAL OF H.B. NO. 4812 ON SECOND READING THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; House Bill No. 4812 is approved on Second Reading. CONSIDERATION OF H. RES. NO. 953 REP. GARIN (J.). Mr. Speaker, I move that we consider House Resolution No. 953, as contained in Committee Report No. 1065, as reported out by the Committee on Appropriations. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. * The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Resolution No. 953, entitled: RESOLUTION RECOMMENDING TO HIS EXCELLENCY, PRESIDENT BENIGNO C. AQUINO III, PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, THE ALLOCATION OF FORTY MILLION PESOS (PHP 40,000,000.00) BUDGET TO THE NATIONAL HISTORICAL COMMISSION OF THE PHILIPPINES (NHCP) TO FUND THE CELEBRATION COMMEMORATING THE 150TH BIRTH ANNIVERSARY OF DR. JOSE P. RIZAL AND FOR THE RESTORATION AS WELL OF THE PHYSICAL FACILITIES OF NATIONAL HISTORICAL PLACES SIGNIFICANT TO RIZALS LIFE. THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Mr. Speaker, I move that we adopt House Resolution No. 953. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of adopting House Resolution No. 953, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. (Silence) ADOPTION OF H.RES. NO. 953 THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; House Resolution No. 953 is adopted.
* See MEASURES CONSIDERED (printed separately)

TUESDAY, JUNE 7, 2011 CONSIDERATION OF H. RES. NO. 1373 REP. GARIN (J.). Mr. Speaker, I move that we consider House Resolution No. 1373, as contained in Committee Report No. 1183, as reported out by the Committee on National Cultural Communities. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. * The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Resolution No. 1373, entitled: RESOLUTION COMMENDING SECRETARY JESSE M. ROBREDO OF THE DEPARTMENTY OF THE INTERIOR AND LOCAL GOVERNMENT (DILG) FOR ISSUING MEMORANDUM CIRCULAR MC2010-119, ENTITLED: MANDATORY REPRESENTATION OF INDIGENOUS CULTURAL COMMUNITIES OR INDIGENOUS PEOPLES IN POLICY-MAKING BODIES AND OTHER LOCAL LEGISLATIVE COUNCILS. SUSPENSION OF SESSION THE DEPUTY SPEAKER (Rep. Fuentebella). The session is suspended. It was 6:43 p.m. RESUMPTION OF SESSION At 6:47 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Mr. Speaker, earlier, the Secretary General read the title of House Resolution No. 1373. With this, Mr. Speaker, I move that we adopt House Resolution No. 1373, as contained in Committee Report No. 1183. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of adopting House Resolution No. 1373, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay.

TUESDAY, JUNE 7, 2011 FEW MEMBERS. Nay. ADOPTION OF H. RES. NO. 1373 THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; House Resolution No. 1373 is hereby adopted. REP. GARIN (J.). Mr. Speaker, I move that we proceed to the Additional Reference of Business. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. The Secretary General will please read the Additional Reference of Business. ADDITIONAL REFERENCE OF BUSINESS The Secretary General read the following House Resolutions and Committee Reports, and the Deputy Speaker made the corresponding references: RESOLUTIONS House Resolution No. 1385, entitled: RESOLUTION NAMING THE PLENARY HALL OF THE HOUSE OF REPRESENTATIVES OF THE PHILIPPINES AS JOSE P. RIZAL HALL By Representatives Belmonte (F.), Gonzales (N.) and Lagman TO THE COMMITTEE ON RULES House Resolution No. 1387, entitled: RESOLUTION COMMENDING AND CONGRATULATING MR. CARL VIXEN S. MAGBITANG, A THIRD YEAR HIGH SCHOOL STUDENT OF THE RAMON MAGSAYSAY HIGH SCHOOL, PHILIPPINES, FOR WINNING THE GOLD PRIZE IN THE RECENTLY CONCLUDED 2 ND INTERNATIONAL ENGINEERING INVENTION & INNOVATION EXHIBITION (I-ENVEX) 2011 ORGANIZED BY ENVEX YOUNG RESERCHER CLUB (EYREC), WITH THE MALAYSIAN MINISTRY OF HIGHER EDUCATION (MOHE) AND MALAYSIAN MINISTRY OF SCIENCE AND TECHNOLOGY AND INNOVATION (MOSTI) By Representatives Sarmiento (C.), Belmonte (F.), Bagasina, Sy-Alvarado and Palmones TO THE COMMITTEE ON RULES COMMITTEE REPORTS Report by the Committee on Peoples Participation (Committee Report No. 1193), re H. R. No. 975, entitled: A RESOLUTION DIRECTING THE HOUSE COMMITTEE ON PEOPLES PARTICIPATION TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE STATUS OF IMPLEMENTATION OF REPUBLIC ACT NO. 1827, OTHERWISE KNOWN AS AN ACT TO REGULATE LOBBYING IN THE CONGRESS

25 OF THE PHILIPPINES AND IN THE COMMISSION ON APPOINTMENTS informing the House of its findings and recommendations Sponsors: Representatives Asilo, Cruz-Gonzales, Palatino and Mariano TO THE COMMITTEE ON RULES Report by the Committee on Health (Committee Report No. 1194), re H. No. 1801, entitled: AN ACT INCREASING THE BED CAPACITY OF EVERSLY CHILDS SANITARIUM HOSPITAL IN THE PROVINCE OF CEBU, FROM FIFTY (50) BED CAPACITY TO ONE HUNDRED (100), UPGRADING ITS SERVICE FACILITIES AND PROFESSIONAL HEALTHCARE AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendments Sponsors: Representatives Maraon and Quisumbing TO THE COMMITTEE ON RULES Report by the Committee on Health (Committee Report No. 1195), re H. No. 2762, entitled: AN ACT ESTABLISHING A TWENTY FIVE (25) BED CAPACITY DISTRICT HOSPITAL IN THE CITY OF NAVOTAS, TO BE KNOWN AS THE NAVOTAS DISTRICT HOSPITAL, AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendments Sponsors: Representatives Maraon and Tiangco TO THE COMMITTEE ON RULES Report by the Committee on Local Government (Committee Report No. 1196), re H. No. 4820, entitled: AN ACT CREATING THE PROVINCE OF NUEVA CAMARINES recommending its approval in substitution of House Bill No. 4728 Sponsors: Representatives Arnaiz, Fuentebella and Villafuerte TO THE COMMITTEE ON RULES Report by the Committee on Basic Education and Culture (Committee Report No. 1197), re H. No. 341, entitled: AN ACT SEPARATING THE BOBON NATIONAL HIGH SCHOOL - ANNEX B IN BARANGAY DAHICAN, CITY OF MATI, PROVINCE OF DAVAO ORIENTAL FROM THE BOBON NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS DOA ROSA GARCIA RABAT MEMORIAL NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR recommending its approval without amendment Sponsor: Representative Almario TO THE COMMITTEE ON RULES Report by the Committee on Basic Education and Culture (Committee Report No. 1198), re H. No. 343, entitled: AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY LAWIGAN, CITY OF MATI, PROVINCE OF DAVAO ORIENTAL TO

26 BE KNOWN AS LAWIGAN NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR recommending its approval without amendment Sponsor: Representative Almario TO THE COMMITTEE ON RULES Report by the Committee on Basic Education and Culture (Committee Report No. 1199), re H. No. 2587, entitled: AN ACT SEPARATING THE LEANDRO G. JAPOS NATIONAL HIGH SCHOOL IN BARANGAY PISO, BANAYBANAY, PROVINCE OF DAVAO ORIENTAL FROM THE BANAYBANAY NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS THE LEANDRO G. JAPOS NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR recommending its approval with amendments Sponsors: Representatives Escudero and Almario TO THE COMMITTEE ON RULES THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. CONSIDERATION OF CTTEE. RPT. NO. 1181 ON H. RES. NO. 785 REP. GARIN (J.). Mr. Speaker, I move that we consider the findings and recommendations contained in Committee Report No. 1181 on House Resolution No. 785, as reported out by the Committee on Transportation. May I ask that the Secretary General be directed to read only the title of the Committee Report. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the Committee Report. With the permission of the Body, and since copies of the Committee Report have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. Committee Report No. 1181 on House Resolution No. 785, entitled: A RESOLUTION URGING THE TOLL REGULATORY BOARD (TRB) TO IMMEDIATELY REVIEW COMPLIANCE BY THE CONCESSIONAIRE OF SOUTHERN TAGALOG ARTERIAL ROAD (STAR) TOLLWAY OF ITS OBLIGATIONS WITH REGARD TO THE CONSTRUCTION, OPERATION AND MAINTENANCE OF STAR TOLLWAY II (LIPA CITY TO BATANGAS CITY SECTION) AND INVESTIGATE THE FREQUENT VEHICULAR ACCIDENTS OCCURRING AT THE SAID TOLL FACILITY. THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized.
* See MEASURES CONSIDERED (printed separately)

TUESDAY, JUNE 7, 2011 REP. GARIN (J.). Mr. Speaker, I move that we adopt the findings and recommendations contained in Committee Report No. 1181 on House Resolution No. 785. SUSPENSION OF SESSION THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of adopting House Resolution The session is suspended. It was 6:50 p.m. RESUMPTION OF SESSION At 6:51 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Sr. Dep. Majority Leader will please state the motion. ADOPTION OF FINDINGS AND RECOM. IN CTTEE. RPT. NO. 1181 ON H. RES. NO. 785 REP. GARIN (J.). Mr. Speaker, I move that we adopt the findings and recommendations contained in Committee Report No. 1181 on House Resolution No. 785. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. CONSIDERATION OF CTTEE. RPT. NO. 1190 ON H. RES. NO. 301 REP. GARIN (J.). Mr. Speaker, I move that we consider the findings and recommendations contained in Committee Report No. 1190 on House Resolution No. 301, as reported out by the Committee on Agriculture and Food. May I ask that the Secretary General be directed to read only the title of the Committee Report. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the Committee Report. With the permission of the Body, and since copies of the Committee Report have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. Committee Report No. 1190 on House Resolution No. 301, entitled: RESOLUTION DIRECTING THE COMMITTEE ON AGRICULTURE AND FOOD TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE IMPORTATION OF CHOICE CUTS CHICKEN AND THE PRODUCTION CAPACITY OF THE PHILIPPINE BROILER INDUSTRY.

TUESDAY, JUNE 7, 2011 THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. ADOPTION OF FINDINGS AND RECOM. IN CTTEE RPT. NO. 1190 ON H. RES. NO. 301 REP. GARIN (J.). Mr. Speaker, I move that we adopt the findings and recommendations contained in Committee Report No. 1190 on House Resolution No. 301. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. CONSIDERATION OF CTTEE. RPT. NO. 1184 ON H. RES. NO. 1322 REP. GARIN (J.). Mr. Speaker, I move that we consider Committee Report No. 1184 on House Resolution No. 1322, as reported out by the Committee on Rules. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. Committee Report No. 1184 on House Resolution No. 1322, entitled: A RESOLUTION DIRECTING THE COMMITTEE ON LOCAL GOVERNMENT TO CONDUCT AN INQUIRY AND INVESTIGATION, IN AID OF LEGISLATION, ON THE WITHHOLDING OF THE SHARES OF SEVERAL BARANGAYS IN THE PROCEEDS OF THE REAL PROPERTY TAXES. SUSPENSION OF SESSION ADOPTION OF H. RES. NO. 1322 REP. GARIN. I ask for a few minutes suspension of the session, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is suspended. It was 6:52 p.m. RESUMPTION OF SESSION At 6:53 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Sr. Dep. Majority Leader is recognized.
* See MEASURES CONSIDERED (printed separately)

27 SUSPENSION OF SESSION REP. GARIN (J.). Mr. Speaker, I ask for a few minutes suspension of the session. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is suspended. It was 6:53 p.m. RESUMPTION OF SESSION At 6:55 p.m., the session was resumed. THE DEPUTY SPEAKER (Rep. Fuentebella). The session is resumed. The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Thank you, Mr. Speaker. Earlier, I had a motion to take up Committee Report No. 1184 on House Resolution No. 1322. Mr. Speaker, allow me to further move that we accept the amendments and recommendations contained therein. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection to the proposed amendments? (Silence) The Chair hears none; the same is approved. REP. GARIN (J.). Mr. Speaker, I now move that we adopt House Resolution No. 1322, as amended. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of adopting House Resolution No. 1322, as amended, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. FEW MEMBERS. Nay.

THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; House Resolution No. 1322 is hereby adopted. CONSIDERATION OF H. CT. RES. NO. 11 REP. GARIN (J.). Mr. Speaker, I move that we consider House Concurrent Resolution No. 11. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure.

28 With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Concurrent Resolution No. 11, entitled: CONFIRMING THE AUTHORITY CONFERRED BY LAW UPON THE SENATE PRESIDENT AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO FIX AND DETERMINE THE SALARIES, ALLOWANCES AND OTHER BENEFITS OF OFFICIALS AND EMPLOYEES OF THE SENATE AND THE COMMISSION ON APPOINTMENTS, AND THE HOUSE OF REPRESENTATIVES, RESPECTIVELY, AND TO DETERMINE AND ADDRESS THE BUDGETARY REQUIREMENTS OF THEIR RESPECTIVE PERSONNEL, COMMITTEES AND SERVICE UNITS AS THEY MAY DEEM TO BE IN THE BEST INTEREST OF THE SERVICE, SUBJECT TO THE LIMITATIONS SET BY THE CONSTITUTION AND THE GENERAL APPROPRIATIONS ACT. REP. GARIN (J.). Mr. Speaker, I move that we adopt House Concurrent Resolution No. 11. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of adopting House Concurrent Resolution No. 11, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. FEW MEMBERS. Nay. ADOPTION OF H. CT. RES. NO. 11 THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it; House Concurrent Resolution No. 11 is hereby adopted. CONSIDERATION OF H.B. NO. 4820 ON SECOND READING PERIOD OF SPONSORSHIP AND DEBATE REP. GARIN (J.). Mr. Speaker, I move that we consider House Bill No. 4820, as contained in Committee Report No. 1196, as reported out by the Committee on Local Government. May I ask that the Secretary General be directed to read only the title of the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure.
* See MEASURES CONSIDERED (printed separately)

TUESDAY, JUNE 7, 2011 With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Bill No. 4820, entitled: AN ACT CREATING THE PROVINCE OF NUEVA CAMARINES. THE DEPUTY SPEAKER (Rep. Fuentebella). The Sr. Dep. Majority Leader is recognized. REP. GARIN (J.). Mr. Speaker, I move that the Explanatory Note be considered as the sponsorship speech on the measure. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Thank you, Mr. Speaker. There being no Member who has signified an intention to ask questions, I move that we terminate the period of sponsorship and debate. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I now move that we open the period of amendments. However, there being no committee or individual amendments, I move that we close the same. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I now move that we approve on Second Reading House Bill No. 4820. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of approving House Bill No. 4820, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. FEW MEMBERS. Nay. APPROVAL OF H.B. NO. 4820 ON SECOND READING THE DEPUTY SPEAKER (Rep. Fuentebella). The ayes have it. House Bill No. 4820 is approved on Second Reading.

TUESDAY, JUNE 7, 2011 OMNIBUS CONSIDERATION AND APPROVAL OF HOUSE BILLS ON SECOND READING REP. GARIN (J.). Mr. Speaker, I move for the omnibus consideration and approval on Second Reading of the following local measures: * 1. House Bill No. 2314, as contained in Report No. 1174; 2. House Bill No. 2315, as contained in Report No. 1175; 3. House Bill No. 2313, as contained in Report No. 1176; 4. House Bill No. 2312, as contained in Report No. 1177; 5. House Bill No. 1869, as contained in Report No. 1180; 6. House Bill No. 2316, as contained in Report No. 1185; 7. House Bill No. 2234, as contained in Report No. 1186; 8. House Bill No. 2738, as contained in Report No. 1187; 9. House Bill No. 2233, as contained in Report No. 1188; 10. House Bill No. 2232, as contained in Report No. 1189; and 11. House Bill No. 4815, as contained in Report No. 1192. Committee Committee Committee Committee Committee Committee Committee Committee Committee Committee Committee

29 THE DEPUTY SPEAKER (Rep. Fuentebella). The distinguished Gentleman from Pampanga is now recognized. QUESTION OF PRIVILEGE OF REP. GONZALES (A.) REP. GONZALES (A.). Thank you, Mr. Speaker. Mr. Speaker, I rise on a matter of personal and collective privilege to commemorate Mt. Pinatubos eruption 20 years ago. This month marks the 20th anniversary of the eruption of Mt. Pinatubo, the worst natural calamity in modern times ever to hit Central Luzon, particularly the province of Pampanga. It was unmatched and unprecedented, and in its devastating wake, tens of thousands of people, poor and rich, were rendered homeless. Communities were buried under mountains of volcanic debris called lahar and hundreds of millions worth of properties were laid to waste. Sa distrito ko, Mr. Speaker, ang isang makasaysayang bayan ay halos mabura sa mapa. Ito ang bayan ng Bacolor, na minsang naging capital ng Pilipinas noong sinalakay ng mga Ingles ang pamahalaang Espanya sa Maynila at dating capital ng Pampanga, at kilala sa tawag na Athens of Asia. Noong kasikatan ang ating pambansang bayani, si Gat Jose Rizal, madalas siyang bumibisita rito para makipagpulong sa mga makabayan at rebolusyonaryo ng Bacolor noong kanyang kapanahunan. Of Bacolors 21 barangays, all but one is buried under at least 30 feet deep of lahar. Sa kanyang mahigit na pitumput limang libong populasyon, halos siyamnapung porsyento ang napilitang lumikas at pumunta sa ibat ibang mga lugar sa halos isang iglap lamang, dahil sa paglaho ng kanilang mga tahanan at kabuhayanisang napakasakit na pangyayari. To give us a better picture of what transpired, my dear colleagues, may I invite everybody to give this Representation minutes to present an audio-video presentation, Mr. Speaker. (Audio video presentation) At this juncture, the Deputy Speaker relinquished the Chair to Rep. Janette L. Garin. At some point during the height of the calamity, Pampanga faced the prospect of being relocated somewhere a frightening idea proposed no less by the government in the face of the unremitting destruction and with no apparent solution in sight. Our people had a better idea: to stay put, survive and succeed in fighting the lahar menace. We did just that, Mme. Speaker. The Kapampangan spirit did it. We not only survived the threat, but we overcame the extraordinary human crisis that befell us. We are indebted to many people in fighting this epic battle, Mme. Speaker. Among them are former Pres. Corazon Cojuangco-Aquino and Pres. Fidel Valdez Ramos. We infinitely owe countless Congressmen and Senators, government executives, technocrats, private sector groups, the media and others who helped us during those extremely trying times. It is all part of a big picture, Mme. Speaker. After all, the Kapampangan spirit is the spirit of the Filipino. It is the resilient character that makes us rise over adversities of

I further move, Mr. Speaker, that the Explanatory Notes of the bills be considered as the sponsorship speech on the measures and that the period of sponsorship and debate be closed, as well as the period of amendments. THE DEPUTY SPEAKER (Rep. Fuentebella). Is there any objection? (Silence) The Chair hears none; the motion is approved. REP. GARIN (J.). Mr. Speaker, I further move that the local bills as mentioned a while ago be approved on Second Reading. VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are in favor of approving the aforementioned measures, please say aye. SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Fuentebella). As many as are against, please say nay. (Silence) The ayes have it; The bills are approved on Second Reading. REP. GARIN (J.). Mr. Speaker, I now move that the Hon. Aurelio Dong D. Gonzales Jr. of the Third District of Pampanga be recognized on a matter of personal and collective privilege.
* See MEASURES CONSIDERED (printed separately)

30 whatever shape, size or form. It is the same spirit that inspired the people of Pampanga, in unity with other provinces in the country to rise against the colonizers. After all, Mme. Speaker, 20 taon na ang nakalilipas, ang trahedya ng probinsya ng Pampanga ay halos nakabangon na. Bago sumabog ang Pinatubo, ang aming probinsiya ay nangunguna na sa pag-unlad at paglago ng mga industriya sa buong bansa. Nasa maunlad na kalagayan pa sana ito kung hindi sa pagkaantala nito dala ng kalikasan. One thing still needs our special attention, Mme. Speaker. One thing needs the governments continuing priority concern. One town deserves our unflagging supportthe town of Bacolor. We have with us the local officials of the town of Bacolor, from the SB member down to the 21 barangay captains, who are all here to support this Representation to restore our beloved town in Bacolor, Pampanga. Kapag napasyal po kayo sa Bacolor ngayon, malaking bahagi nito ay nananatiling mga lupang nakatiwangwang at animoy kasukalan. Karamihan sa mga dating naninirahan dito ay nakakalat pa rin sa mga resettlement areas. Lahat ay naghihintay at nag-aasam na makauwi sa mahal nilang bayan sa lalong madaling panahon. Mme. Speaker, when I became a Member of this august Body, I made Bacolors full rehabilitation my top priority. I authored a bill for this purpose which became a law under Republic Act No. 9506, otherwise known as the Bacolor Rehabilitation Council Act. Because of this law, new funds were provided for new projects that will restore life as it was in Bacolor. I also authored, Mme. Speaker, Republic Act No. 9832, which converted one of the oldest trade schools in Asia to be the first State university of Pampanga. This is the Don Honorio Ventura School of Arts and Trade, now known as the Don Honorio Ventura Technological State University, whose main campus is also in Bacolor, and which will celebrate its 150th anniversary this year, Mme. Speaker. For the passage of these two laws, I am grateful to our past and present colleagues in this august Body, and our past and present esteemed members of the Senate, particularly then Senator and now our dear Pres. Benigno Aquino III, a Kapampangan himself, who sponsored and defended the Bacolor Rehabilitation Bill in the Senate. Dahil sa dalawang batas na ito na nilagdaan ng dating Pangulo at ngayon ay Kinatawan ng Ikalawang Distrito ng lalawigan ng Pampanga, Cong. Gloria Macapagal-Arroyo, may mga pagkilos na nagbunga ng mahalagang pagbabago para sa Bacolor. Naisaayos ang mga kalsada, nakapagtayo ng mga paaralan, naitayong muli ang Ricardo Rodriguez Memorial District Hospital at ang ilan pang mga mahahalagang imprastraktura ay napabuti. Unfortunately, the continuity of these projects and other programs vital to Bacolors full rehabilitation has been left hanging in the balance, if not already compromised. For some reason, the funding for Bacolor, as provided for under Republic Act No. 9506, was not included as line item in the 2011 budget. I have raised this issue during the budget proceedings and I am glad that our concerned colleagues in the Appropriations Committee responded and have included the Bacolor Rehabilitation Fund under the unprogrammed funds of the 2011 budget. I have also taken this matter up with concerned Cabinet officials of President Aquino and they have been, to say the least, equally receptive. But we have yet to see things happening by way of concrete action or definite decision as to the funding of the Bacolor rehabilitation projects.

TUESDAY, JUNE 7, 2011 Mme. Speaker, a week from now, the people of Pampanga will hold commemorative activities marking the 20 th anniversary of the eruption of Mt. Pinatubo. I gathered from some kabalen that no less than President Aquino has been invited to the commemoration. I guess it is only fitting that he join the Kapampangans on this milestone. It is also important that our President visit Bacolor to see for himself the scope of work, the urgency of action and the importance of commitment to bring back Bacolor to normalcy in its old glory. I have, in the spirit of this commemoration, also filed a bill which the Committee on Revision of Laws has approved, making June 15th of every year a holiday in Pampanga. This is a way of honoring those who have toiled, sweated and bled to rise above the tragedy. It will be a great disservice to these people, most of them unsung, and a great injustice to such a great and noble human effort if we choose not to provide the support that Bacolor and its people need to rise with strength and hope, a certain and bright future from the ashes of the Mt. Pinatubo eruption. I implore you, Mme. Speaker, let us give them the chance to do just that. Maraming salamat po. Dakal pung salamat. (Applause) THE PRESIDING OFFICER (Rep. Garin, J.). The Dep. Majority Leader is recognized. REP. GUNIGUNDO. Mme. Speaker, I move that the speech of the Gentleman from the Third District of Pampanga be referred to the appropriate committee. THE PRESIDING OFFICER (Rep. Garin, J.). Is there any objection? (Silence) The Chair hears none; the speech of the Hon. Dong Gonzales is hereby referred to the appropriate committee. The Dep. Majority Leader is recognized. SUSPENSION OF SESSION REP. GUNIGUNDO. May I ask for a few minutes suspension of the session, Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). The session is suspended. It was 7:16 p.m. RESUMPTION OF SESSION At 7:19 p.m., the session was resumed. THE PRESIDING OFFICER (Rep. Garin, J.). The session is resumed. The Dep. Majority Leader is recognized. CONSIDERATION OF H.B. NO. 4244 (Continuation) PERIOD OF SPONSORSHIP AND DEBATE REP. GUNIGUNDO. Mme. Speaker, I move that we resume the consideration of House Bill No. 4244, and may

TUESDAY, JUNE 7, 2011 we request the Secretary General to read the title of the measure. THE PRESIDING OFFICER (Rep. Garin, J.). Is there any objection? (Silence) The Chair hears none; the motion is approved. The Secretary General is hereby directed to read the title of the said measure. SUSPENSION OF SESSION THE PRESIDING OFFICER (Rep. Garin, J.). The session is suspended. It was 7:19 p.m. RESUMPTION OF SESSION At 7:21 p.m., the session was resumed. THE PRESIDING OFFICER (Rep. Garin, J.). The session is resumed. REP. GUNIGUNDO. Mme. Speaker, the parliamentary status of the measure is that we are in the period of sponsorship and debate. To sponsor the measure is the Hon. Antonio L. Tinio of the Party-List ACT TEACHERS and to interpellate is the Honorable THE PRESIDING OFFICER (Rep. Garin, J.). Before we recognize the Sponsor and our colleague who wishes to interpellate the Sponsor, the Secretary General is hereby directed to read the title of said measure. THE SECRETARY GENERAL. House Bill No. 4244, entitled: AN ACT PROVIDING FOR A COMPREHENSIVE POLICY ON RESPONSIBLE PARENTHOOD, REPRODUCTIVE HEALTH, AND POPULATION AND DEVELOPMENT, AND FOR OTHER PURPOSES. THE PRESIDING OFFICER (Rep. Garin, J.). The Dep. Majority Leader is recognized. REP. GUNIGUNDO. Let me reiterate, Mme. Speaker, the parliamentary status of the measure. We are in the period of sponsorship and debate. To sponsor the measure is the Hon. Antonio Tinio of Party-List A TEACHER and to interpellate the Sponsor is the Hon. Maria Milagros E.H. Magsaysay. REP. GARCIA (P.). Mme. Speaker. REP. TINIO. Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). The honorable REP. GARCIA (P.). Mme. Speaker. At 7:25 p.m., the session was resumed. REP. TINIO. Mme. Speaker. REP. GARCIA (P.). Mme. Speaker.

31 THE PRESIDING OFFICER (Rep. Garin, J.). The honorable Deputy Speaker is recognized. REP. GARCIA (P.). The parliamentary status actually of this measure is thatmy interpellation was suspended but I made a reservation that I would resume my interpellation at some other day. The last time this bill was considered, it was the Honorable Nograles who interpellated, of course, with the understanding that I would resume my interpellation after him. I understand that the Honorable Nograles has not yet terminated his interpellation. However, I would suspend the resumption of my interpellation on the understanding that after the Honorable Magsaysay would have terminated or finished with her interpellation, I would resume my interpellation. I am willing to resume my interpellation whoever may be is the Sponsor to sponsor the measure. THE PRESIDING OFFICER (Rep. Garin, J.). The Dep. Majority Leader is recognized. REP. GUNIGUNDO. The manifestation of the honorable Deputy Speaker Garcia is noted, so I ask that the two Members of the House be recognized to interpellate on and to sponsor House Bill No. 4244, respectively. THE PRESIDING OFFICER (Rep. Garin, J.). The Hon. Antonio L. Tinio is hereby recognized. REP. APOSTOL. Mme. Speaker. REP. TINIO. Mme. Speaker, for the record, may I just please note that I represent ACT Teachers Party-List, not the A TEACHER. THE PRESIDING OFFICER (Rep. Garin, J.). The Honorable Tinio of Party-List ACT Teachers is hereby recognized. REP. TINIO. Thank you. REP. APOSTOL. Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). What is the pleasure of our distinguished colleague from the Second District of Leyte? REP. APOSTOL. I am questioning the quorum, Mme. Speaker. SUSPENSION OF SESSION THE PRESIDING OFFICER (Rep. Garin, J.). The session is suspended. It was 7:24 p.m. RESUMPTION OF SESSION

THE PRESIDING OFFICER (Rep. Garin, J.). The session is resumed.

32 REP. APOSTOL. Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). The distinguished Gentleman from the Third District of Leyte is hereby recognized. REP. APOSTOL. Second District, Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). The Gentleman from the Second District of Leyte is recognized. REP. APOSTOL. I am temporarily withdrawing my motion questioning the quorum. THE PRESIDING OFFICER (Rep. Garin, J.). The Honorable Tinio of Party-List ACT Teachers is now recognized. Likewise, the Hon. Mitos Magsaysay is recognized for her interpellation. REP. TINIO. Thank you, Mme. Speaker. REP. MAGSAYSAY (M.). Thank you, Mme. Speaker. Good evening, Congressman Tinio. REP. TINIO. Good evening, Honorable Magsaysay. REP. MAGSAYSAY (M.). First of all, will the Gentleman please give me the rationale why he wants the RH Bill to be passed. REP. TINIO. Well, the best answer will be to refer to the bill itself. As stated in the bill itself and the Explanatory Note, the main reason and the main issues which are to be addressed by the passage of the RH Bill are: first, the recognition of the rights of women, particularly of mothers; and second, the need to address the prevalence of maternal deaths, the high rate of maternal mortality in the Philippines, as was stated in a number of sponsorship speeches. Mayroon pong kasabihan dito sa Pilipinas na ang buntis daw, ang isang paa ay nasa hukay. This is a folk recognition of the harsh reality of pregnancy in the Philippines due principally to the lack of access to modern medicine and modern maternal care. REP. NOGRALES. Point of order, Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). May we know what Rule has been violated? REP. NOGRALES. Mme. Speaker, I remember distinctly that the first interpellator of the Minority Leader was the honorable distinguished party-list Representative standing here. So, I would like to ask, Mme. Speaker, in what capacity is he sponsoring this measure when I was made to understand that when he first interpellated, he withdrew as a principal author, particularly, so he can interpellate the distinguished Minority Leader. May we know, Mme. Speaker, if... REP. GONZALES (N.). Mme. Speaker, considering that the Gentleman from Davao City rose on a point of order, may we know what rule has been violated. It should not be the other way around.

TUESDAY, JUNE 7, 2011 REP. NOGRALES. I understand, Mme. Speaker, that it has been the practice of this House that only those who are Sponsors of a measure can stand up as Sponsor and defend the bill. REP. GONZALES (N.). Unfortunately, Mme. Speaker, his understanding is wrong, because the authority of the Honorable Tinio comes from the Chairman of the sponsoring committee. THE PRESIDING OFFICER (Rep. Garin, J.). Does the answer of the Majority Leader satisfy the Honorable Nograles? REP. NOGRALES. But because of his withdrawal, Mme. Speaker, was he not abandoning the ... REP. GONZALES (N.). Mme. Speaker, as I have said, the authority of the Honorable Tinio is from the authority given to him by the Chairman. REP. TINIO. Mme. Speaker, for the record, I did not and I will not withdraw sponsorship from this bill. THE PRESIDING OFFICER (Rep. Garin, J.). The information conveyed by the Honorable Tinio is hereby noted. The distinguished Majority Leader has made his response. Does that satisfy the Honorable Nograles? REP. NOGRALES. Then, may I ask, Mme. Speaker, in what capacity did the Honorable Tinio interpellate the distinguished Minority Leader during the first interpellation. REP. GONZALES (N.). Mme. Speaker, it does not matter in what capacity because what is important is that the Honorable Tinio is sponsoring the measure, as I have said, upon the authority of the Chairman of the sponsoring committee. REP. NOGRALES. Under what capacity did he interpellate in the first interpellation, Mme. Speaker? REP. GONZALES (N.). Mme. Speaker, as I have said, it is not important for the matter. If he likes to do that, then he should wait for his turn, but unfortunately, he has already interpellated, Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). So, the Majority Leader has responded. May we inform the Honorable Nograles that the point of order is actually not debatable. The Majority Leader has made his response, can we now proceed to the questions of the Honorable Magsaysay. REP. MAGSAYSAY (M.). Yes, thank you, Mme. Speaker. REP. NOGRALES. Thank you, Mme. Speaker. I also thank the Majority Leader. REP. MAGSAYSAY (M.). Thank you, Mme. Speaker. If the rationale, as the Gentleman was saying, is that we want to take care of mothers or women in general, I am sure

TUESDAY, JUNE 7, 2011 he is aware of a law called the Magna Carta of Women which already encompasses practically all there is to have as far as a woman is concerned. Is he aware of that law? REP. TINIO. Yes, Mme. Speaker, I am aware of Republic Act No. 9710, the Magna Carta of Women. REP. MAGSAYSAY (M.). Is he familiar with the sections of the Magna Carta especially Section 17 with regard to reproductive health services provided to women under that law? REP. TINIO. Yes, Mme. Speaker, I am familiar with Section 17. In fact, I have the text right in front of me. REP. MAGSAYSAY (M.). Okay. If he has the text right in front of him, I would just like to ask him, we have so many sections here under the proposed Reproductive Health Bill. Section 5, Section 6, Section 7 and Section 9 are already in the Magna Carta of Women. Is it not? REP. TINIO. Well... REP. MAGSAYSAY (M.). When he says access... REP. TINIO. I can say, yes. REP. MAGSAYSAY (M.). Okay. REP. TINIO. But I would ask the Lady to define what she meant by it is already in the Magna Carta. REP. MAGSAYSAY (M.). Okay, may I explain. REP. TINIO. It is, and it is not. REP. MAGSAYSAY (M.). Under Section 17 of the Magna Carta of Women, it says that women shall have access to all prenatal and postnatal care. Meaning, kapag ang isang babae ay nagbubuntis, dapat ibigay ng pamahalaan sa kanya ang lahat ng klaseng kalinga na kailangan niya para masigurado lang na ang sanggol sa kanyang sinapupunan ay maaalagaan at maipanganganak o mailuluwal niya nang tama at ligtas. Pangalawa, kung sakaling pumunta siya sa isang health center o RHU, under the law, dapat provided iyan ng pamahalaan through the LGUs, at kapag ang isang mahirap ay pupunta sa isang RHU, dapat may doktor doon at midwife na titingin sa isang buntis dahil siya ay walang pera para pumunta sa isang private obstetrician. In other words, kung siya po ay may problema, dapat binibigyan po siya ng kaukulang gamot, vitamins at ibat ibang test sa RHU. Kapag siya naman po ay nasa ilalim ng prenatal care, meaning, kapag siya ay manganganak na at wala siyang pera, nakalagay sa Magna Carta of Women na dapat ang estado o ang pamahalaan ay bibigyan ang buntis na iyon ng libreng serbisyo sa panganganak para masigurado lang na mailuluwal niya ang kanyang sanggol. In other words, they will be provided with a doctor or a midwife, and the proper medications needed so that they can have a safe delivery. What I am trying to point out is, if we are talking about maternal, prenatal and postnatal care, the Magna Carta of Women is already answering that provision. Section 17. Womens Right to Health.(a) Comprehensive Health Services. The State shall, at all times, provide for a comprehensive, culturesensitive, and gender-responsive health services and programs covering all stages of a womans life cycle and which addresses the major causes of womens mortality and morbidity: Provided, That in the provision for comprehensive health services, due respect shall be accorded to womens religious convictions, the rights of the spouses to found a family in accordance with their religious convictions, and the demands of responsible parenthood, and the right of women to protection from hazardous drugs, devices, interventions, and substances. Access to the following services shall be ensured: (1) Maternal care to include pre- and post-natal services to address pregnancy and infant health and nutrition; (2) Promotion of breastfeeding; (3) Responsible, ethical, legal, safe, and effective methods of family planning; (4) Family and State collaboration in youth sexuality education and health services without prejudice to the primary right and duty of parents to educate their children; (5) Prevention and management of reproductive tract infections, including sexually transmitted diseases, HIV, and AIDS; (6) Prevention and management of reproductive tract cancers like breast and cervical cancers, and other gynecological conditions and disorders;

33 Second, we cannot have a safe delivery kapag ang mga gamit po sa mga ospital ay hindi kumpleto. Kaya nga doon sa Magna Carta of Women, lalung lalo na sa IRR niya, nakalagay doon na dapat kumpletuhin ng DOH ang gamit na kailangan nila for birthing facilities para masigurado lang na ang babae ay manganganak nang matiwasay at walang kumplikasyon. REP. TINIO. Okay. REP. MAGSAYSAY (M.). At kung sakaling magkakaroon man ng kumplikasyon, dapat pong ibigay ng estado ang kaukulang kalinga o iyong kailangan na medical services doon sa nanay para masigurado lang na ang nanay at ang sanggol ay magiging ligtas. So, para sa akin, hindi po ba duplication na iyang provision ng magna carta sa RH Bill? REP. TINIO. Mme. Speaker, Kagalang-galang na Magsaysay, mabuti at nabanggit ninyo ang IRR ng Magna Carta of Women. Kasi sa katunayan, marami sa mga detalye na binanggit ninyo ay wala sa batas mismo na Magna Carta of Women kung hindi nasa kanyang IRR. Para malinaw sa lahat, pahintulutan ninyong basahin ko ang Section 17 ng Magna Carta of Women. Ang punto rito, napakaiksi nito na pwede kong basahin na ngayon at hindi tayo magtatagal.

34 (7) Prevention of abortion and management of pregnancy-related complications; (8) In cases of violence against women and children, women and children victims and survivors shall be provided with comprehensive health services that include psychosocial, therapeutic, medical, and legal interventions and assistance towards healing, recovery, and empowerment; (9) Prevention and management of infertility and sexual dysfunction pursuant to ethical norms and medical standards; (10) Care of the elderly women beyond their child-bearing years; and (11) Management, treatment, and intervention of mental health problems of women and girls. In addition, healthy lifestyle activities are encouraged and promoted through programs and projects as strategies in the prevention of diseases. (b) Comprehensive Health Information and Education. The State shall provide women in all sectors with appropriate, timely, complete, and accurate information and education on all the abovestated aspects of womens health in government education and training programs, with due regard to the following: (1) The natural and primary right and duty of parents in the rearing of the youth and the development of moral character and the right of children to be brought up in an atmosphere of morality and rectitude for the enrichment and strengthening of character; (2) The formation of a persons sexuality that affirms human dignity; and (3) Ethical, legal, safe, and effective family planning methods including fertility awareness. Iyon na po ang Section 17 ng Magna Carta of Women. REP. MAGSAYSAY (M.). Mme. Speaker. REP. TINIO. Ang punto po ay ilang linya lang ang nabasa ko sa loob lamang siguro ng limang minuto, samantalang ang RH Bill ay at least 23 pages. At kung may mga seksyon o may mga bahagi rito sa Magna Carta of Women na nagbabanggit sa ilang mga paksa na sinasaklaw ng RH Bill, ito ay isang pahapyaw na paraan lamang. What we have in the Magna Carta of Women is more of an outlining of all the rights in terms of maternal care that are guaranteed to women, which is not to say that it is a comprehensive or detailed guaranteeing, by law, of all of the rights and services that women are entitled to. Hindi lang po iyon. Katulad nga ng binabanggit mismo sa title, the Magna Carta of Women is for women, samantalang ang Reproductive Health Bill is for all, maging babae o lalaki. REP. MAGSAYSAY (M.). Mme. Speaker, kaya nga po itinanong ko noong umpisa, ano ba ang rationale ng pagpasa ng RH Bill? Ang binanggit lang po, Mme. Speaker, ay ang

TUESDAY, JUNE 7, 2011 karapatan ng mga babae. Dahil sila ay nabubuntis, kailangan ay alagaan sila kasi may 11 maternal deaths daily. Wala po akong narinig na binanggit na ang reproductive health ay para rin sa mga kalalakihan doon sa opening statement na ibinigay ninyo. Kaya nga sinabi ko, kung puro kababaihan lang ang pag-uusapan natin, mayroon nang isang batas that encompasses lahat ng karapatan ng isang babae. Actually, ang binabasa ngang Magna Carta of Women, ang gusto ko lang sabihin, parang binabasa mo ang RH Bill, kasi karamihan sa binasa ay nasa RH Bill provisions din gaya ng nasa Magna Carta of Women. Kung sasabihin natin na ang Magna Carta of Women ay isang policy lamang, kaya nga mayroon tayong implementing rules and regulations, ang ibig sabihin niyan, doon na po ang bibliya ng pamahalaan para patunayan, and that is where the government will now implement the provisions of the Magna Carta of Women, under the IRR which was established in 2009. That is why under the implementing rules and regulations of the Magna Carta of Women, it says there that the Commission on Women will be the overseer of the IRR of the Magna Carta of Women under the Office of the President. Ang ibig sabihin po ng overseer, the Commission on Women now will be the agency tasked to make sure that the DOH, the DILG, the DepEd, the DSWD, the CHED, the TESDA, the DSWD and the Commission on Human Rights will be implementing the provisions under the Magna Carta of Women. How can you not have a good prenatal and postnatal care if you are a mother and you do not have birthing facilities and also a midwife in the grassroots level? REP. TINIO. Mme. Speaker, may I reply since marami na pong punto ang na-raise. Una, binanggit po na ang binanggit ko bilang rationale ng RH Bill ay ang pangangalaga at pagkilala sa karapatan ng kababaihan. Inuna ko po iyon dahil ito naman talaga ang pangunahing rationale para sa bill, ngunit hindi pa ako tapos magpaliwanag nang tumayo po si Representative Nograles. Ngayon, pwede nating balikan ang rationale, pero I think nagmove on na tayo sa debate kaya hayaan ninyong ipagpatuloy ko ang pagsagot. Essentially, ang sinasabi ng Kagalang-galang na Magsaysay ay hindi na kailangan ng RH Bill dahil mayroon ng Magna Carta of Women at partikular dito ang Section 17. Ang sinasabi natin, hindi po totoo o hindi tama iyon, dahil nga una, ang RH Bill ay para sa lahat at hindi lamang para sa kababaihan. Pangalawa, may mga probisyon sa RH Bill na wala sa Magna Carta of Women. REP. MAGSAYSAY (M.). Kagaya ng ano po, Mme. Speaker? REP. TINIO. Hayaan po ninyong banggitin ko ang mga ito. Una, sa RH Bill, there is a specific guarantee for the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women. So, ito po ay pagkilala sa reproductive health bilang isang human right. That is in the declaration of policy found in Section 2. REP. MAGSAYSAY (M.). Sandali, Mme. Speaker, doon lang po sa unang statement.

TUESDAY, JUNE 7, 2011 REP. TINIO. Pwede po bang tapusin ko muna, Mme. Speaker? REP. MAGSAYSAY (M.). Mme. Speaker, the only reason I want to interject now is to answer the Gentlemans point, so he can move on to his next point. REP. TINIO. Pero, Mme. Speaker, isang sagot po ito sa unang tanong ng Kagalang-galang na Magsaysay, so tatapusin ko muna. REP. MAGSAYSAY (M.). Sige po. REP. TINIO. So, isa na po ang guarantee of reproductive health as a universal basic human right. Pangalawa na wala sa Magna Carta of Women is the proviso: As a distinct but inseparable measure to the guarantee of womens rights, the State recognizes and guarantees the promotion of the welfare and rights of children. Again, this is in Section 2 of the Declaration of Policy of the RH Bill. Pangatlo, the RH Bill guarantees universal access to medically safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education. To reiterate, it guarantees universal access. Pang-apat, freedom of choice is guaranteed. Hindi natin matatagpuan ito sa Magna Carta of Women. This is in Section 3, Guiding Principles. Panlima, item (f) of Section 3 specifically provides in part: The State shall promote programs that: (1) enable couples, individuals and women to have the number of children and reproductive spacing they deserve with due consideration to the health of women and resources available to them. Pang-anim, at ito ay mahalaga, the joint responsibility of the national government and the LGUs in the provision of RH information, care and supplies. Again, wala ito sa Magna Carta of Women. Pampito, while abortion is illegal and punishable by law, the government shall ensure that all women needing care for post-abortion complications shall be treated and counseled in a humane, non-judgmental and compassionate manner. Again, this provision is not found in the Magna Carta of Women. All accredited health facilities shall provide a full range of modern family planning methods. Wala rin po to sa Magna Carta of Women. All LGUs, national and local government hospitals and other public health units shall conduct annual maternal death review in accordance with the guidelines of the DOH. Again, wala po ito sa Magna Carta of Women. Family planning supplies as essential medicines shall be part of the National Drug Formulary. This is in Section 10 and again, wala sa Magna Carta of Women. Procurement and distribution of family planning supplies based on empirical standards of the number of women of

35 reproductive age, contraceptive prevalence rate and cost of family planning supplies. This is in Section 11 of the RH Bill. Again, walang kaparis. REP. MAGSAYSAY (M.). Mme. Speaker, I just want to tell the Sponsor that I will be interpellating section by section. REP. TINIO. All right, Mme. Speaker. REP. MAGSAYSAY (M.). If the Gentleman will be enumerating the whole RH Bill, we will be going around and be repeating all our points. REP. TINIO. Hindi naman po sa pag-uulit, Mme. Speaker. Ang sinasabi kasi ng Kagalang-galang na Magsaysay ay hindi na kailangan ng RH Bill dahil mayroon nang Section 17 ang Magna Carta of Women. REP. MAGSAYSAY (M.). Hindi po, Mme Speaker. REP. TINIO. Ang ipinapakita po natin REP. MAGSAYSAY (M.). May I be allowed to interrupt to respond kasi ang dami nang points na ni-raise, Mme. Speaker. REP. TINIO. Ang ipinapakita po natin, maraming hindi sinasaklaw ang Magna Carta na mahalaga at nakapaloob sa RH Bill. Hindi pa po tayo tapos, Mme. Speaker. REP. MAGSAYSAY (M.). Pwede po uupo na lang muna ako, Mme. Speaker. REP. TINIO. Bias for the poor in reproductive health programs and policies as found in Section 13. Ang mobile health care services ay wala po sa Magna Carta of Women, at ang capability building of barangay health workers on promotion of RH and mandatory age appropriate reproductive health and sexuality education. Iyon po, Mme. Speaker. REP. MAGSAYSAY (M.). Mme. Speaker, gusto ko lang sabihin sa Sponsor, unang-una, na ang mga binabanggit na mga section, gusto ko lang po banggitin ang IRR. There are a lot of laws, Mme. Speaker, na kapag mayroon tayong batas, mayroon din tayong kaakibat na implementing rules and regulations. Ang implementing rules and regulations ang magpapatupad ng batas. Sinabi kanina na dapat magkaroon ng tie-up ang national government at ang LGU. Under Section 20 rito sa IRR ng Magna Carta of Women, inaatasan ang mga LGU to promulgate and implement gender-responsive, right-based and culture-sensitive local ordinances and policies that promote the comprehensive health of girls, adolescents, women and elder women under the GAD. Formulate a health human resource development plan, kung saan sinasabi ng ating colleague na walang midwife under the Magna Carta of Women. Ito po ang sagot: sufficient number of skilled health professionals to attend to all deliveries. In other words, under the IRR of the Magna Carta of Women, it is already instructing the LGUs to provide for skilled health professionals to attend to all deliveries. Ano po ang skilled health professionals? Iyon po ay mga midwives at mga doctors. So, under the IRR,

36 the government or the LGUs should provide for these things. Nakalagay din po sa IRR na: ii. Availability of qualified and capable health service providers, to include coordination with the academe, a human resource deployment program to meet LGU needs; c. Develop health programs that: i. Encourage constituents to access and demand services for women and girls; ii. Involve women and girls in planning health programs and in decision-making; iii. Allocate budget or resources for implementing programs for women and girls in the local level; iv. Monitor progress of programs for women and girls through implementation review and research; and v. Enhance parent effectiveness services and programs to include continuing education on genderbased violence such as domestic violence, rape, incest, prostitution, trafficking and other forms of violence against women and girls in every barangay; d. Coordinate with DOH in the organization of interlocal health zones for the purpose of ensuring the provision of health services for neighboring communities; e. Strengthen the local health board to respond to the health needs of girls, female adolescents, women and women senior citizens; In other words, ang gusto ko lang sabihin, ang sinasabi ng ating colleague na wala sa Magna Carta of Women ay nasa IRR ng Magna Carta of Women. Kapag pinag-usapan natin ang mga midwives at doctors na dapat kumpleto ang gamit sa LGU, nasa IRR po nakasaad iyon. Sinasabi ng ating colleague na under the Magna Carta of Women, walang karapatan... REP. TINIO. Mme. Speaker, isang punto... REP. MAGSAYSAY (M.). ... ang mga mag-asawa na magkaroon ng spacing ng kanilang mga anak. Under Section 20 of the Magna Carta of Women, it is stated there that the couples will be allowed to space their children in any way that they see fit. In other words, hinahayaan ang mag-asawa, babae at ang lalake, na magdesisyon kung ilang anak ang gusto nila at kung ano ang klase ng family planning method na kanilang ia-adopt. Under the Magna Carta of Women, sinabi ng ating colleague na walang access. Pero under the Magna Carta of Women, it allows women the access to all kinds of information, to all kinds of family planning methods, as long as it is ethically and medically safe. Sinabi kanina sa rationale o sa guiding principle na pumapayag kayo na magkaroon ng RH Bill basta it is proven that it is medically safe and universally accepted. Ang tanong ko lang po, doon ba sa inilabas ni Congressman Nograles last week, nang ipinakita niya ang dalawang klaseng oral contraceptives, na mismo sa literature ng nasabing oral contraceptives ay inaamin ng drug company na ito ay abortifacient, ito ba sa tingin ng ating colleague ay medically safe? (Applause)

TUESDAY, JUNE 7, 2011 REP. TINIO. Mme. Speaker. THE PRESIDING OFFICER (Rep. Garin, J.). May we request the guests in the gallery to please refrain from clapping. The Honorable Tinio may proceed. REP. TINIO. Salamat, Mme. Speaker. Doon muna tayo sa punto ng IRR o implementing rules and regulations ng Magna Carta of Women. Tama po kayo. Binasa po kanina ang ilang nilalaman ng IRR ng Magna Carta of Women. Isang magandang dokumento ito and we commend the National Commission on Women for formulating this IRR. REP. MAGSAYSAY (M.). Actually, Mme. Speaker, this is a work of Congress. REP. TINIO. Ang IRR po ay hindi na ginawa ng Kongreso, Mme. Speaker . REP. MAGSAYSAY (M.). It was a collaboration between the two bodies, Mme. Speaker. REP. TINIO. Siguro po kailangan nating pag-ibahin ang batas at ang IRR o implementing rules and regulations. Ang batas ay ginagawa ng Kongreso. Ang implementing rules and regulations ay ipinauubaya ng batas sa mga implementing agencies sa Executive branch, at ito nga po ang punto. Dahil sa napakapahapyaw, dahil nga po ang Magna Carta of Women ay tinatangkang saklawin ang lahat ng garantiya ng Estado sa karapatan ng mga kababaihan na nakapaloob lamang sa Section 17, kung saan ito ay tungkol sa maternal health. Kaya, necessarily, pahapyaw lamang ang pagbanggit ng Magna Carta of Women sa issue ng reproductive health. Kaya naman kinakailangan na idetalye ito sa isang IRR. Ngayon, gaya po ng sinabi natin, ang gumagawa ng IRR ay ang executive branch. Ibig ding sabihin, pwede itong baguhin ng Executive branch. So, hindi malayong posibilidad na kung sakaling magkaroon tayo ng isang Presidente na hindi naniniwala sa reproductive healthhalimbawa, ang isa sa mga kasamahan natin dito na magiting na kumokontra sa reproductive health ay naging Presidentehindi malayong mangyari na baguhin ang IRR na ito. Kaya nga, kailangang isabatas ang Reproductive Health Bill dahil ang komprehensibong mga serbisyo na maggagarantiya sa karapatan ng mga kababaihan, lalo na ng mga nanay, ay maisasabatas at hindi lamang mapapailalim sa maaaring pabagu-bagong posisyon ng mga pulitiko. REP. MAGSAYSAY (M.). Ang gusto ko lang sabihin, Mme. Speaker, kahit sino pa po ang maging Presidente, nakasaad na sa Magna Carta that women shall have access to all kinds of family planning information. In other words, whether ito ay natural family planning method or artificial family planning method, the State has to provide all kinds of information to women. So, iyong sinasabi ng Ginoo na kung sakali ang Presidente ay anti-RH but the law states that they should have access to all information, that means that the President has to follow the law. I do not think so, not unless he is talking about this President, that he is the one not following the law. All I am saying is, it is already stated under the law, access to all

TUESDAY, JUNE 7, 2011 kinds of family planning methods. It even says here that women should have access to all kinds of family planning methods as long as they are ethically and medically safe. In other words, they can go through the whole range of family planning methods as long as they are through ethically and medically safe. So, how can he say now that the President should not follow thiseh batas po ito. The President cannot repeal the law; only Congress can repeal the law. Marami po tayong ahensya ng gobyerno na mayroon pong batas na ang implementing rules and regulations ang nagiging guidelines ng ahensya kung papaano niya ipatutupad ang batas. So, how can he say that the IRR is not equally important when it is the implementing arm of the law? All I am trying to point out is, when we are talking of having the right or the access to information, it was even stated in the IRR that the DepEd, the CHED and the TESDA are mandated to give information to age-appropriate women. Iyong sinasabi ninyo rito na kailangan ng age-appropriate education, it is also in the IRR. So, why do we have to make an RH Bill if we just wanted to teach sex education to all these children? I remember when I was young, itinuro po ang reproductive life cycle ng babae at ng lalaki. Everybody in the elementary level knows the reproductive system of a girl and a boy. So, how can he say that it is not ... REP. TINIO. Again, Mme. Speaker, ako po ay isang first termer lamang at alam ko po na si Kagalang-galang na Magsaysay ay third termer, ngunit malinaw po sa akin ang napakalaking kaibahan ng batas sa IRR. Hindi po natin pwedeng sabihin na katumbas lamang ng batas ang IRR o di kaya ay mahihigitan pa ng IRR ang batas. Uulitin ko ang sinabi ko, kahit kailan pwedeng baguhin ng Executive ang IRR, pero ang batas, tanging ang Kongreso lamang na nagsabatas ang maaaring magbago nito. REP. MAGSAYSAY (M.). Ang tanong ko lang sa Ginoo, Mme. Speaker ... REP. TINIO. Kaya napakahalaga na isabatas kahit ang mga detalye na maaaring nabanggit na sa IRR ng Magna Carta of Women ngayon, at iyon nga ang layunin ng RH Bill. REP. MAGSAYSAY (M.). Mme. Speaker, I would just want to ask the Gentleman ... REP. TINIO. Itutuloy ko po dahil mahaba iyong nabanggit ninyo. Hindi na po hypothetical, huwag na tayong maging hypothetical doon sa binabanggit ko. Sa katunayan, ipinas ang Magna Carta of Women noong 2009 at mayroon itong implementing rules, ngunit ano ang aktwal na karanasasn ng marami sa mga local governments natin? Marami tayong mga kasamahan dito na bago maupo sa Kongreso ay mga mayor. Nakakausap ko sila at ang sinasabi nila na kahit pa naipas na ang Magna Carta of Women, kahit mayroon itong implementing rules na nagsasabi na kailangang magbigay ang gobyerno ng reproductive health information at reproductive health services sa mga mamamayan ay hindi ito nangyari. Ano ang simpleng karanasan ng maraming local government units natin? Walang available na contraceptives dahil iyon ang patakaran na inilatag ng nakaraang Pangulo.

37 REP. MAGSAYSAY (M.). Mme. Speaker, ang tanong ko lang sa Ginoo, to this date, binago na po ba ang IRR na ipinas noong 2009? REP. TINIO. Hindi pa po, Mme. Speaker. REP. MAGSAYSAY (M.). So, ibig sabihin, Mme. Speaker, kapag hindi pa binabago, dapat ini-implement na ng pamahalaan iyan ngayon. Dapat lahat ng provisions ng IRR ay ini-implement na ng pamahalaan ngayon. In other words, the government is not being stopped from implementing the programs under the IRR because it is there. Second, kapag sinasabi ng Ginoo sa akin na hindi napatutupad ng LGU sa grassroots level iyong mga nasa IRR ng Magna Carta of Women, ang ibig sabihin noon ay nagkulang po ang pamahalan sapagkat may isang batas na ibinibigay ito sa mga kababaihan, pero ang mismong gobyerno at LGUs natin ang hindi nagpapatupad ng batas. REP. TINIO. At nagkulang nga ang pamahalaan. Tama kayo. REP. MAGSAYSAY (M.). So, bakit magiging kasalanan ng tao iyan? REP. TINIO. Nagkulang nga ang pamahalaan lalo na noong nakaraang administrasyon nang tumindig ito laban sa Reproductive Health Bill, partikular sa pagbibigay ng artificial modern contraceptives sa mga local governments. REP. MAGSAYSAY (M.). Wait. May I contradict him. I am not going to defend the past administration, but all I remember is that it was Secretary Cabral who was distributing condoms during Valentines Day. Is she not the Health Secretary of the past administration? So, how can the Gentleman tell me now that the past administration did not implement the program? REP. TINIO. Well, it is a fact that Secretary Cabral was only in office for the last few months of the previous administration; samantalang sa mahabang panahon ng nakaraang administrasyon ay walang ibinigay na rekurso para sa modern contraceptives. REP. MAGSAYSAY (M.). May I just correct the Gentleman, Mme. Speaker. The IRR was passed in 2009. So, if he is talking about Secretary Cabral just being a part of the past administration during its dying days, then, she was the Secretary of Health during that time when the IRR was made. That is why she implemented it. That is why, as far as I am concerned, we do not have to pass an RH Bill anymore because it is already being implemented by the national government. Even in this administration of PNoy, if we look at the budget for 2011, P932 million is in the budget of President Aquino for family planning and maternal health where P800 million of that was used to procure condoms and contraceptives that were given to LGUS and are being used right now. So, why do we need an RH Bill when the government is already implementing it? REP. TINIO. Uulitin ko lang po iyong punto na iba ang batas sa implementing rules and regulations, kaya ang layunin

38 po natin ay isabatas ang comprehensibong paggarantiya sa mga karapatan ng kababaihan at ng mamamayan sa reproductive health. REP. MAGSAYSAY (M.). Ang gusto ko lang REP. TINIO. Again, ang batas ay batas, maaari lang itong baguhin ng isa pang batas dito sa Kongreso. Ang implementing rulespwedeng-pwedeng baguhin ng Executive branch, depende sa ihip ng hangin ng pulitika. Iyon po ang batayang pagkakaiba na uulit-ulitin natin kaugnay sa puntong ito. REP. MAGSAYSAY (M.). Sa tingin ko po, Mme. Speaker, REP. TINIO. Ngayon, Mme. Speaker, marami pong mga issues na nire-raise. Kanina binanggit muli ni Kagalang-galang na Magsaysay REP. MAGSAYSAY (M.). Sana, Mme. Speaker, ang request ko lang, isa-isahin na lang natin, tapos, I will give my point because if the Gentleman will enumerate all the provisions of the RH Bill, I will end up going back also to all the provisions. Hahaba po ang interpellation natin at hindi naman po ako papayag na puputulin ninyo ang interpellation ko dahil hatinggabi na. REP. TINIO. Opo. Well, kanina po nabanggit ni Kagalang-galang Magsaysay iyong puntong unang binanggit ni Kagalang-galang Nograles sa kanyang interpellation kaugnay sa diumanoy mga panganib ng artificial contraceptives. Bilang tugon, nais ko lang pong basahin, for the record, ang isang liham mula sa representative ng World Health Organization dito sa Western Pacific Region. Ito po ay bilang tugon sa isang inquiry ni Congressman Lagman, precisely, kaugnay sa kaligtasan ng mga artificial contraceptives. Babasahin ko na lang po iyong pinakamahalagang punto rito, from the World Health Organization. This was signed by Dr. Soe Nyunt-U, the WHO representative. Sabi niya rito: To date, there is no scientific evidence supporting the contention that hormonal contraceptives and IUD prevent implantation of the fertilized ovum. While hormonal contraceptives directly or indirectly have effects on the endometrium that may hypothetically prevent implantation, there is already strong evidence on the primary mechanism of action of the following contraceptives: 1) Combined oral contraceptives work primarily by preventing the release of eggs from the ovary for ovulation; 2) Progesterone-only contraceptives work primarily by thickening cervical mucus. This blocks sperm from meeting an egg and prevents the release of eggs from the ovaries for ovulation; 3) Levonorgestrel emergency contraceptive pills (ECP) work primarily by preventing or delaying the release of eggs from the ovaries for ovulation. It does not work if a woman is already pregnant;

TUESDAY, JUNE 7, 2011 4) Copper-bearing intrauterine devices (IUD) work primarily by causing a chemical change that damages sperm and egg before they can meet. There were no fertilized or normally dividing eggs recovered from women using the copper-bearing IUD in contrast to women who are not using contraception. In addition, human chorionic gonadotropin (HCG), the hormone that increases in pregnancy was absent in the serum of women who use IUDs. Lastly, IUD users have a marked decrease in the risk of ectopic pregnancies which implies that IUDs inhibit fertilization. Thus, the available evidence supports the hypothesis that the primary mechanism of action of copper-bearing IUDs in women is the prevention of fertilization and not the destruction of embryos in the uterus. So, ang punto po sana ay ma-settle na natin, once and for all, sa pamamagitan ng pahayag na ito ng WHO iyong contention na ang oral contracerptives at IUDs ay abortifacients, dahil malinaw po rito na hindi. REP. MAGSAYSAY (M.). Ang gusto ko lang tanungin, kung ang U.S. nga, they are heavy into oral contraceptives pero bakit ang naging policy ngayon ng U.S. government ay i-review ang oral contraceptives na ipinamimigay nila sa America kung sila mismo ay hindi nababahala roon sa sinabi ng Ginoo na justification na ang oral contraceptives ay hindi abortifacient? I mean, why will a country like the U.S. now have a policy of reviewing the giving of oral contraceptives? It is because they found out na mayroon din palang risk factor ang oral contraceptives, kaya medyo ngayon rumerenda na ang America sa pamimigay ng oral contraceptives. REP. TINIO. On the contrary, Mme. Speaker, totoo iyan na may mga moves para i-review ang epekto ng contraceptives. Hindi lang iyon, sabihin nating ang buong Reproductive Health Program sa U.S., but this is primarily a political and not a scientific or a medical question. Dahil katulad din dito sa Pilipinas, sa U.S. ay mayroong malakas at makapangyarihang religious lobby. Kung sa atin, nariyan halimbawa ang Simbahang Katoliko, sa U.S. naman, nariyan iyong tinatawag na Christian Right ng mga Fundamentalist Christians na sa kanilang paniniwala ay abortion ang anumang porma ng artificial or modern contraception. REP. MAGSAYSAY (M.). Kaya nga, Mme. Speaker, hindi natin pwedeng tanggalin sa ating mga kababayan kung sila po ay may paniniwala na itong pagbibigay at pag-inom ng oral contraceptive ay labag sa kautusan. We cannot stop them from believing in their faith because, in the first place, everybody is a stakeholder in this. Everybody has a right to practice whatever beliefs each one has whether they are for or against the RH Bill. Ang sa akin lang po, I really did not want to touch much on the contraceptives. Ang gusto ko lamang sabihin dito, mismo ngang mga literature na ng oral contraceptives ang nagsasabi that they are there to change the lining of the uterus, making it less suitable for implantation. Ibig sabihin, kapag ininom ito ng isang babae, talagang hindi siya pwedeng

TUESDAY, JUNE 7, 2011 magbuntis at dahil doon mismo sa lining ng kanyang uterus, hindi na maganda ang kundisyon nito para sa egg at sa sperm, at talagang mamamatay ang egg at sperm dito. Kaya nga para sa ibang tao, hindi sila naniniwala na dapat ipas ang RH Bill for this reason. I just want to go back to my main argument. Ang akin lamang talaga, ang RH Bill ay isang redundant bill. Kahit anong sabihin na argument sa akin ng Ginoo, na iba ang IRR sa batas, the IRR is the implementation of the law. In other words, is he trying to tell me now, gagawa tayo ng batas dito sa Kongreso tapos hindi susundin ng Executive branch ang mga batas na ginagawa natin? Kaya nga mayroong IRR because that is the avenue of how they will implement the laws that we create here. So, how can he tell me that the Magna Carta of Women is not a complete law? As a matter of fact, isa sa mga kasama niya right now who gave him the paper was also instrumental in making the IRR of the Magna Carta of Women. She was there. I know because she told me that she was also responsible for the IRR of Section 20 of the Magna Carta of Women. Mme. Speaker, ang gusto ko lang sabihin, lahat ng gusto ninyong ilagay dito sa Magna Carta ay inilagay na po ninyo. Ang problema lamang natin dito sa Pilipinas ay ang pag-iimplement ng batas, hindi ito tinutupad at hindi sinusunod. Bakit hindi tinutupad at hindi sinununod? Number one, either ang national government natin hindi priority ang kalusugan ng kababaihan kaya hindi naglalagay ng pondo. Pangalawa, baka talagang kulang ang pondo, in the first place, kaya hindi malagyan ng kaukulang pondo para ma-implement nang tama ang IRR ng Magna Carta of Women. Kitang-kita naman natin noong last budget hearing para sa 2011. Magkano ang inilagay ng PNoy administration for condoms and contraceptives? P800 million. Magkano ang inilagay ng PNoy administration for the procurement of all kinds of medicines to cure all kinds of sicknesses from babies hanggang senior citizen? P1 billion. Ang tanong ko sa Mme. Speaker, Mr. Sponsor, ilan po ba sa 12 years old and below ang gagamit ng condom at contraceptives? Ilan po ba ang gagamit ng condoms and contraceptives kapag senior citizen na po sila? Can we imagine P800 million for condoms and contraceptives, and only P1 billion to buy essential medicines to cure all kinds of sicknesses? Ni hindi nga kasama iyong contraceptives at condoms sa top 10 diseases ng bansa natin eh. I do not know. I do not see the rationale. Sagutin po ninyo ako, why do we want to consider oral contraceptives as essential medicines? Can the Gentleman explain to me what essential medicines mean. REP. TINIO. Thank you, Mme. Speaker. Marami pong puntong ni-raise, so hayaan po ninyo akong sumagot puntopor-punto, at least as much as I can recall. Una po, again, doon sa punto na abortifacients ang mga oral contraceptives, uulitin ko lang po, sabi ng WHO: To date, there is no scientific evidence supporting the contention that hormonal contraceptives and IUD prevent implantation of the fertilized ovum. Uulitin ko lamang po iyong puntong iyon. Ngayon, ulitin muli natin ang punto na ang batas ay batas, at ang implementing rules ay implementing rules. Kailangan malinaw po tayo rito. Kailangan nating isabatas ang komprehensibong RH Bill at hindi lamang ipaubaya ito sa

39 implementing rules na maaaring baguhin kailanman ng Executive branch. Dagdag pa rito, hindi po redundant o hindi na kailangan ang RH Bill dahil mayroon nang Section 17 ang Magna Carta of Women. Kagaya ng binanggit ko kanina, mayroong at least 16 provisions na nasa RH Bill na hindi matatagpuan sa Section 17 ng Magna Carta of Women. At kaugnay po sa budget, binanggit ni Kagalang-galang Magsaysay, Mme. Speaker, na mayroon daw P800 million na inilaan ang gobyernong Aquino sa kasalukuyang budget para sa contraceptives, samantalang P1 bilyon lamang daw ang inilaan sa GAA ng 2011 para sa lahat ng iba pang mga medisina, hindi kasama ang contraceptives. Kung pakikinggan natin iyan, talagang tila hindi balanse ang prayoridad ng Department of Health budget. Parang napakalaki naman ng pondo para sa contraceptives. Ganoon nga ba, Mme. Speaker? Tingnan natin ang GAA mismo. Hawak ko po ngayon ang 2011 GAA at narito tayo sa section ng Department of Health budget. Ang pondo para sa Family Health and Responsible Parentingmarahil ito ang tinutukoy ni Kagalang-galang Magsaysay, Mme. Speaker, na para raw sa contraceptionay hindi P800 million kundi P731,349,000. Marahil ang binabanggit ni Kagalang-galang Magsaysay na budget para sa iba pang mga medisina ay ang nasa Section III (a)(5), National Pharmaceutical Policy Development na P1 billion. Ang sinasabi rito, including provision of drugs and medicines, medical and dental supplies to make affordable quality drugs available. Marahil ito po ang P1 billion na tinutukoy ni Kagalang-galang Magsaysay. Tama po iyon. Ngunit hindi lang iyon ang pondong nakalaan para sa medisina at iba pang mga serbisyo para sa kalusugan ng mamamayan. Halimbawa sa Section III (b) ng budget ng Department of Health, mayroong Infectious Disease Prevention and Control na umaabot sa P4.407 billion ang budget. Ito ay para sa elimination of diseases such as malaria, schistosomiasis, leprosy and filariasis. May pondo rin para sa Rabies Control Program; mayroon ding Intensified Disease Prevention and Control which includes a vaccination program, so a program on immunization and vaccine selfsufficiency. Kasama rin doon sa P4 billion ang TB o tuberculosis control. Bukod diyan, bukod sa P4.4 billion para sa iba pang mga medisina na kinakailangan sa programang ito, mayroong Noncommunicable Disease Prevention and Control with an additional budget of P35.8 million. Sa madaling sabi, Mme. Speaker, may halos anim na bilyong piso para sa ibat ibang klase ng mga gamot, para sa ibat ibang klase ng mga sakit, at may P731 million para sa Family Health and Responsible Parenting. Kailangan pong buuin natin ang larawan ng budget ng DOH. Ngayon, ibang usapin na kung sapat ba ang lahat ng ito, at sasang-ayon po ako sa inyo kung sasabihin ninyo na ang pondong ito ay kapos. Pero ibang usapin na ito, Mme. Speaker. Ang tanong, ang P731 million ba na nakalaan para sa RH, at least para sa Family Health and Responsible Parenting, ay sapat na? Sapat na ba ito, Mme. Speaker? Ang sinasabi mismo ng ilang mga pag-aaral ay kulang na kulang nga ang pondo. Ayon sa mga pag-aaral, may 2.6 million na mga Pilipina ang nagsasabi na kailangan at gusto nila ng access sa modern family planning methods. Tinatantya na mangangailangan ng mahigit kumulang tatlong bilyong piso para matugunan ang pangangailangang ito. Kaya ang P731

40 million ay bahagya lamang sa aktwal na pangangailangan, Mme. Speaker. Ang tanong, masasayang ba, hindi ba kailangan ang P731 million, Mme. Speaker? In other words, is it cost effective? Ayon sa isang pag-aaral, for every peso spent in family planning, around three to one hundred pesos will be saved in maternal care cost for unintended pregnancies. Ang punto, nakakatipid nang malaki ang gobyerno sa paglalaan ng P731 million para sa family planning. REP. MAGSAYSAY (M.). Ito naman ang tanong ko, Mme. Speaker. Nakatitipid nga ba ang gobyerno? Ikaw mismo ang nagsabi na kulang ang pondo. Para sa akin po, kulang din ang pondong P6 billion na binanggit para gamutin lahat ng sakit ng lahat ng tao mula sanggol hanggang matanda. Imagine, for P6 billion only, sasagutin natin ang kakapanganak na baby hanggang matanda. In other words, Mme. Speaker, para sa akin, the mere fact na mayroon na riyan, bakit pa kailangang ipas ang RH Bill kung ini-implement na nga ni PNoy ang de facto RH Bill? He is already implementing it in the present budget, so why do we have to pass the RH Bill? REP. TINIO. Sumasang-ayon po ako, Mme. Speaker, na kulang talaga ang budget para sa health services in the same way na kulang ang budget sa iba pang mga social services gaya ng edukasyon, sa pabahay, sa sanitasyon at iba pa. Talagang kulang ito at kung papasukin natin ang usaping ito, mapapalawig na tayo, Mme. Speaker. REP. MAGSAYSAY (M.). No, the Gentleman should answer the question, Mme. Speaker. My question is REP. MAGSAYSAY (M.). Alam mo, Mme. Speaker, kailangan REP. TINIO. Ngayon, doon sa punto ko na REP. MAGSAYSAY (M.). Gusto ko lang sana It was 8:32 p.m. REP. TINIO. ipinatutupad na ngayon ng Aquino administration ang RH Bill, again, tandaan natin na noong nakaraang administrasyon, sa kabila ng mayroon nang Magna Carta of Women, particularly Section 17, hindi ito ipinatupad, Mme. Speaker. REP. MAGSAYSAY (M.). May I point out again, Mr. Speaker, REP. TINIO. Ang punto ng pagsasabatas ng isang Reproductive Health Bill ay maalis sa kagustuhan lamang ng nakaupong Presidente, ayon sa patakaran kaugnay ang reproductive health. Buhay at kamatayan ang usapin na ito para sa mga kababaihang Pilipino. Hindi ito maaaring ipaubaya lamang sa personal na kagustuhan ng kung sinuman ang nakaupo sa Malacaang. REP. MAGSAYSAY (M.). Mme. Speaker, may I say that Secretary Cabral was under the Arroyo administration and she implemented the distribution of condoms and oral contraceptives during her time. So, we cannot say that the past administration did not implement an RH program because

TUESDAY, JUNE 7, 2011 Secretary Cabral herself was the one in charge of distributing those condoms and contraceptives. May I also tell the Gentleman na siya mismo ang nagsabi na 2.6 million women want this, and we need a P3-billion budget to satisfy their needs. How about the 90 million or 100 million Filipinos who get sick everyday of different kinds of sicknesses? Paano naman sila? Magkano kaya ang budget para sa kanila upang matugunan at magamot lahat ng sakit ng 100 million Filipinos from a baby to a senior citizen? REP. AQUINO. Mme. Speaker. REP. MAGSAYSAY (M.). If the Gentleman is saying that 2.6 million is for the RH Bill... REP. AQUINO. Mme. Speaker. REP. TINIO. Kung gayon, dapat talagang matugunan... REP. AQUINO. Mme. Speaker. REP. TINIO. ... ang kabuuang budget ng Department of Health at hindi ito bumabangga sa usapin ng RH Bill. Again, kailangan siguro idiin natin na mayroon... REP. AQUINO. Mme. Speaker, please. THE PRESIDING OFFICER (Rep. Garin, J). Yes, with due courtesy, will the Honorable Aquino let the Honorable Tinio finish first. REP. AQUINO. This Representation really believes that we can no longer continue with the session. SUSPENSION OF SESSION THE PRESIDING OFFICER (Rep. Garin, J). The session is suspended.

RESUMPTION OF SESSION At 8:35 p.m., the session was resumed. THE PRESIDING OFFICER (Rep. Garin, J.). The session is resumed. The Dep. Majority Leader is recognized. SUSPENSION OF CONSIDERATION OF H.B. NO. 4244 REP. GUNIGUNDO. Mme. Speaker, with the kind indulgence of the two Members on the floor, I move that we suspend the interpellation by the Hon. Mitos Magsaysay of the Honorable Tinio, and suspend the consideration of House Bill No. 4244. THE PRESIDING OFFICER (Rep. Garin, J.). Is there any objection? (Silence) The Chair hears none; the consideration of House Bill No. 4244 has been suspended. The Dep. Majority Leader is recognized.

TUESDAY, JUNE 7, 2011 CONSIDERATION OF H. RES. NO. 1374 REP. GUNIGUNDO. Mr. Speaker, I move that we consider House Resolution No.1374. May I ask that the Secretary General be directed to read only the title of the measure. THE PRESIDING OFFICER (Rep. Garin, J.). Is there any objection ? (Silence) The Chair hears none; the motion is approved.* The Secretary General is directed to read only the title of the measure. With the permission of the Body, and since copies of the measure have been previously distributed, the Secretary General read only the title thereof without prejudice to inserting its text in the Congressional Record. THE SECRETARY GENERAL. House Resolution No. 1374, entitled: RESOLUTION EXPRESSING THE PROFOUND CONDOLENCE OF THE HOUSE OF REPRESENTATIVES ON THE DEMISE OF THE HONORABLE CONRADO ESTRELLA, SR., FORMER MINISTER OF AGRARIAN REFORM AND MEMBER OF THE BATASANG PAMBANSA.

41 THE PRESIDING OFFICER (Rep. Garin, J.). The Dep. Majority Leader is recognized. ADOPTION OF H.RES. NO. 1374 REP. GUNIGUNDO. Mme. Speaker, I move that we adopt House Resolution No. 1374. THE PRESIDING OFFICER (Rep. Garin, J.). Is there any objection? (Silence) The Chair hears none; the motion is approved. House Resolution No. 1374, with all Members present as coauthors, is hereby adopted. The Dep. Majority Leader is recognized. SUSPENSION OF SESSION REP. GUNIGUNDO. Mme. Speaker, I move that we suspend the session until 4:00 p.m. tomorrow, Wednesday, June 8, 2011. THE PRESIDING OFFICER (Rep. Garin, J.). The session is suspended until four oclock tomorrow afternoon. It was 8:36 p.m.

* See MEASURES CONSIDERED (printed separately)

Published by the Publication and Editorial Service, Plenary Affairs Bureau The Congressional Record can be accessed through the Downloads Center of the official website of the House of Representatives at www.congress.gov.ph
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