Congressional Record 16th CONGRESS, THIRD REGULAR SESSION

HOUSE OF REPRESENTATIVES
Vol. 1 Tuesday, August 11, 2015 No. 8

CALL TO ORDER REP. TUGNA. Mr. Speaker, I move that we

At 4:00 p.m., pursuant to Section 15 (h), Rule IV
of the House Rules, the Presiding Officer, Rep. Jorge
“Bolet” Banal called the session to order.
THE PRESIDING OFFICER (Rep. Banal). The
session is called to order.
proceed to the Reference of Business.
THE PRESIDING OFFICER (Rep. Banal). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
The Secretary General will please read the
Reference of Business.

NATIONAL ANTHEM REFERENCE OF BUSINESS

THE PRESIDING OFFICER (Rep. Banal). All The Secretary General read the following House
please rise for the singing of the Philippine National Bills and Resolutions on First Reading, Communications
Anthem. and Committee Reports, and the Presiding Officer made
the corresponding references:
Everybody rose to sing the Philippine National Anthem.
BILLS ON FIRST READING
PRAYER
House Bill No. 5979, entitled:
THE PRESIDING OFFICER (Rep. Banal). Let “AN ACT PROVIDING EMERGENCY
us all pause and reflect for a few minutes of silent RELIEF AND PROTECTION FOR
prayer. CHILDREN DURING DISASTER,
In the name of the Father, and of the Son, and of CALAMITY AND OTHER EMERGENCY
the Holy Spirit. SITUATION”
By Representative Villar
Everybody remained standing for the silent prayer. TO THE COMMITTEE ON NATIONAL DEFENSE
AND SECURITY
THE PRESIDING OFFICER (Rep. Banal). The Sr.
Dep. Majority Leader is recognized. House Bill No. 5981, entitled:
“AN ACT REQUIRING ALL COMMERCIAL
REP. TUGNA. Mr. Speaker, I move that we defer ESTABLISHMENTS TO PRINT RECEIPTS
the calling of the roll. BEING ISSUED BY THEM ON A NON-
THERMAL PAPER OR ANY KIND OF
THE PRESIDING OFFICER (Rep. Banal). Is there PAPER WHICH ENSURES THAT THE
any objection? (Silence) The Chair hears none; the PRINTINGS THEREON CANNOT BE
motion is approved. EASILY ERASED OR OBSCURED BY
SIMPLE SCRATCHES AND CRUMPLES,
REP. TUGNA. Mr. Speaker, I move that we defer AND CAN WITHSTAND REASONABLE
the approval of the Journal of the previous session. H E AT , T H E R E B Y R E D U C I N G
THE POSSIBILITY OF RECEIPTS
THE PRESIDING OFFICER (Rep. Banal). There SPOILAGE”
is a motion to defer the approval of the Journal. By Representative Olivarez
Is there any objection? (Silence) The Chair hears TO THE COMMITTEE ON TRADE AND
none; the motion is approved. INDUSTRY
2 TUESDAY, AUGUST 11, 2015
RESOLUTIONS
House Resolution No. 2254, entitled:
“RESOLUTION DIRECTING THE COMMITTEES
ON AGRICULTURE AND TRADE AND
INDUSTRY, TO CONDUCT AN INQUIRY,
IN AID OF LEGISLATION, ON THE ENTRY
OF FAKE RICE IN THE COUNTRY AND
ITS BEING SOLD IN THE MARKET
POSES HEALTH HAZARDS ON FILIPINO
CONSUMERS”
By Representative Villar
TO THE COMMITTEE ON RULES
House Resolution No. 2255, entitled:
“RESOLUTION DIRECTING THE HOUSE
COMMITTEE ON GOOD GOVERNMENT
A N D P U B L I C A C C O U N TA B I L I T Y
T O I N V E S T I G AT E , I N A I D O F
L E G I S L AT I O N , T H E R E P O RT E D
P R O L I F E R AT I O N O F I L L E G A L
G A M B L I N G O P E R AT I O N S I N T H E
COUNTRY IN THE GUISE OF GAMING
AND INFORMATION TECHNOLOGY
OPERATIONS PRINCIPALLY BASED
IN SPECIAL ECONOMIC ZONES AND
MANNED MAINLY BY FOREIGNERS TO
DETERMINE POSSIBLE VIOLATIONS
OF EXISTING LAWS AND FOR OTHER
PURPOSES”
By Representative Dela Cruz
TO THE COMMITTEE ON RULES
House Resolution No. 2256, entitled:
“A RESOLUTION DIRECTING THE
COMMITTEE ON TRADE AND INDUSTRY
THE COMMITTEE ON BANKS AND
FINANCIAL INTERMEDIARIES TO
JOINTLY CONDUCT AN INVESTIGATION,
IN AID OF LEGISLATION, OF THE SUDDEN
PROLIFERATION OF INVESTMENT
SCAMS IN THE COUNTRY”
By Representative Batocabe
TO THE COMMITTEE ON RULES
House Resolution No. 2257, entitled:
“A RESOLUTION OF THE HOUSE OF
R E P R E S E N TAT I V E S E X P R E S S I N G
WA R M F E L I C I TAT I O N S A N D
CONGRATULATIONS TO MR. FROILAN
MALIT FOR BRINGING PRIDE AND
HONOR TO OUR COUNTRY”
By Representative Olivarez
TO THE COMMITTEE ON RULES
* See ANNEX (printed separately)
House Resolution No. 2258, entitled:
“A RESOLUTION OF THE HOUSE OF
R E P R E S E N TAT I V E S E X P R E S S I N G
CONDOLENCES FOR THE DEMISE OF
VETERAN JOURNALIST MR. NEAL H.
CRUZ”
By Representative Olivarez
TO THE COMMITTEE ON RULES
ADDITIONAL COAUTHORS
The list of additional coauthors is reflected in
Journal No. 8, dated August 11, 2015.*
COMMUNICATIONS
Letters dated 28 May 2015 of Atty. Susan P. Donalvo,
Director IV, Regional Director, Region XII,
Commission on Audit, transmitting copies of the
Annual Audit Reports for the year ended December
31, 2014 on the following water districts:
1. Lebak Water District, Lebak, Sultan Kudarat;
2. Norala Water District, Norala, South Cotabato;
and
3. Sultan Kudarat Water District, Tacurong City,
Sultan Kudarat.
TO THE COMMITTEE ON APPROPRIATIONS
Letters dated 28 May and 10 June 2015 of Atty. Susan
P. Donalvo, Director IV, Regional Director, Region
XII, Commission on Audit, transmitting copies of
the 2014 Annual Audit Reports for the year ended
December 31, 2014 on the following:
1. University of Southern Mindanao, Kabacan,
Cotabato;
2. Mindanao State University, General Santos
City; and
3. Cotabato Foundation College of Science and
Technology, Doroluman, Arakan, Cotabato.
TO THE COMMITTEE ON APPROPRIATIONS
Letters dated 5 and 11 June 2015 of Atty. Susan P.
Donalvo, Director IV, Regional Director, Region
XII, Commission on Audit, transmitting copies
of the Annual Audit Reports for the year ended
December 31, 2014 on the following water districts:
1. Tulunan Water District, Tulunan, Cotabato;
2. Kabacan Water District, Kabacan, Cotabato;
and
3. Mlang Water District, Mlang, Cotabato.
TO THE COMMITTEE ON APPROPRIATIONS
Letter dated 10 June 2015 of Visitacion Q. Mendoza,
Director IV, Regional Director, Region IX,
TUESDAY, AUGUST 11, 2015 3
Commission on Audit, transmitting the Annual
Audit Report on the Zamboanga State College of
Marine Sciences and Technology, Zamboanga City,
for the year ended December 31, 2014.
TO THE COMMITTEE ON APPROPRIATIONS
Letters dated 15, 23 and 30 June 2015 of Atty. Susan
P. Donalvo, Director IV, Regional Director, Region
XII, Commission on Audit, transmitting copies of
the Annual Audit Reports on the following water
districts, for the year ended December 31, 2014:
1. Metro Kidapawan Water District, Kidapawan
City;
2. Pikit Water District, Pikit, Cotabato; and
3. Antipas Water District, Antipas, Cotabato.
TO THE COMMITTEE ON APPROPRIATIONS
Letter dated 30 June 2015 of Roland A. Rey, Director IV,
Commission on Audit (COA)-Region V, transmitting
copies of the Annual Audit Reports on the following
water districts, pursuant to Section 2, Article IX-D of
the 1987 Philippine Constitution and Section 43 of
the Government Auditing Code of the Philippines:
1. Del Gallego Water District, Del Gallego,
Camarines Sur (CYs 2012 and 2013);
2. Camarines Norte Water District, Daet,
Camarines Norte (CY 2011); and
3. Viga Water District, Viga, Catanduanes (CYs
2009, 2010 and 2011).
TO THE COMMITTEE ON APPROPRIATIONS
Letter dated 3 July 2015 of Sec. Emmanuel Joel J.
Villanueva, Director General, Technical Education
and Skills Development Authority, transmitting a
copy of the Implementing Rules and Regulations
of Republic Act No. 10647.
TO THE COMMITTEE ON HIGHER AND
TECHNICAL EDUCATION
Letter dated 10 July 2015 of Ernesto D. Boac,
Assistant Secretary for Financial Management,
Department of National Defense, transmitting
a certified true copy of the Implementing Rules
and Regulations of Joint Resolution No. 5 series
of 2015.
TO THE COMMITTEE ON NATIONAL DEFENSE
AND SECURITY
Letter dated 30 June 2015 of Hon. Arsenio M.
Balisacan, Secretary, National Economic and
Development Authority (NEDA), transmitting
a copy of the CY 2014 Official Development
Assistance Portfolio Review, pursuant to
Republic Act No. 8182.
TO THE COMMITTEE ON ECONOMIC
AFFAIRS
COMMITTEE REPORTS
Report by the Committee on Legislative Franchises
(Committee Report No. 825), re H. No. 6005,
entitled:
“AN ACT GRANTING THE INFINIVAN, INC. A
FRANCHISE TO CONSTRUCT, INSTALL,
ESTABLISH, OPERATE AND MAINTAIN
TELECOMMUNICATIONS SYSTEMS
THROUGHOUT THE PHILIPPINES”
recommending its approval in substitution of House
Bill No. 5607
Sponsors: Representatives Teodoro and Aggabao
TO THE COMMITTEE ON RULES
Report by the Committee on Basic Education and
Culture and the Committee on Appropriations
(Committee Report No. 826), re H. No. 5863,
entitled:
“ A N A C T C O N V E RT I N G T H E H U L O
ELEMENTARY SCHOOL IN BARANGAY
HULO, CITY OF MANDALUYONG INTO
AN INTEGRATED SCHOOL TO BE KNOWN
AS HULO INTEGRATED SCHOOL AND
APPROPRIATING FUNDS THEREFOR”
recommending its approval without amendment
Sponsors: Representatives Cojuangco (K.), Ungab
and Gonzales
TO THE COMMITTEE ON RULES
THE PRESIDING OFFICER (Rep. Banal). The
Dep. Majority Leader is recognized.
SUSPENSION OF SESSION
REP. TUGNA. I move to suspend the session, Mr.
Speaker.
THE PRESIDING OFFICER (Rep. Banal). The
session is suspended for a few minutes.
It was 4:05 p.m.
RESUMPTION OF SESSION
At 4:18 p.m., the session was resumed with Deputy
Speaker Henedina R. Abad presiding.
THE DEPUTY SPEAKER (Rep. Abad). The
session is resumed.
The Dep. Majority Leader is recognized.
PRIVILEGE HOUR
REP. TUGNA. Mme. Speaker, with leave of the
House, I move that we proceed with the Privilege Hour,
4 TUESDAY, AUGUST 11, 2015
and for that purpose may we recognize the honorable
Rep. Luzviminda C. Ilagan, from the Party-List
GABRIELA for her privilege speech
THE DEPUTY SPEAKER (Rep. Abad). A Privilege
Hour is declared open and the Representative from
GABRIELA Party-List is hereby recognized for her
privilege speech.
PRIVILEGE SPEECH OF REP. ILAGAN
REP. ILAGAN. Thank you very much, Mme.
Speaker.
Let me now rise today to once more appeal for
urgent and appropriate action from this Congress to
address the plight of the indigenous people and their
children.
Mme. Speaker and dear colleagues, I say urgent,
because lives are at stake and the lives of the Lumads
have already been severely disrupted. I say appropriate,
because I have witnessed how a Member of this august
Body can order the use of excessive force and usurp
local government functions to further harass Lumad
families.
Last June 14, 2015, a national fact-finding mission,
led by Save Our Schools (SOS) Network and Karapatan
Southern Mindanao Region, went to Cateel Davao
Oriental as part of the efforts to look into the situation
of tribal schools operated by the Salugpungan Ta
Tanu Igkanugon Community Learning Center and the
Mindanao Interfaith Services Foundation Incorporated
or MISFI. The mission was prompted by the fact that for
this year alone, the Save Our Schools (SOS) Network
Southern Mindanao documented 14 incidents of various
attacks on schools affecting about 1,700 students, about
50 teachers and school staff. Let us take a look at this
video, Mme. Speaker.
(Video presentation)
These attacks on schools, Mme. Speaker, consisted
of the Armed Forces of the Philippines’ illegal use of
school structures as barracks; destruction of school
structures and property; harassment and red-baiting of
teachers; as well as students accusing them of being
members and supporters of the New People’s Army.
The community had an atmosphere of terror.
The mission was joined by Reps. Terry L. Ridon
of Kabataan Pary-List, Carlos Isagani T. Zarate of
BAYAN MUNA, this Representation and Rep. Nancy
A. Catamco of North Cotabato, Chairperson of the
Committee on National Cultural Communities. We saw
for ourselves the reason behind the displacement, the
reason more than 700 displaced Lumads sought refuge
and were granted sanctuary by the United Church of
Christ of the Philippines in Haran.
It was after this mission that the unfortunate
incident occurred. Insisting that she be allowed to
visit the evacuation center, Representative Catamco
was graciously allowed to do so, but this was what
happened.
(Video presentation)
In practically a single breath, the Lumads were
screamed at and asked to return home, and the military
presence in their communities was justified to protect
mining equipment. Representative Catamco added
further insult to the wounds accusing them of being
stinky or “baho” inside the evacuation center. When the
intended persuasion of the evacuees failed, the dialogue
continued in another venue. The second dialogue ended
in utter failure as the elders were again berated. In that
dialogue, this Representation was also insulted as well
as Rep. Carlos Isagani Zarate.
The elders whose leadership had already been
questioned by Representative Catamco were firm in
their resolve to consult the rest of their followers. Mme.
Speaker, consultation with one’s followers is a basic
principle based on tribal tradition.
This process was tragically sabotaged when on July
23, during the early hours of the morning, just as the
Lumad children were starting their lessons in makeshift
classrooms at the evacuation center, the peace of that
morning was rudely shattered when phalanx after
phalanx of local police, military men in civilian attire,
members of the Alamara, the paramilitary group, and
employees of government agencies destroyed the gate
and barged into the UCCP Haran, reportedly ordered
by the honorable Rep. Nancy A. Catamco. They had no
search warrant or warrant of arrest to show the Lumads
and their elders. Several dump trucks were parked
outside waiting to take the Lumads back to their lands
but they resisted.
Let us take a look at what happened, Mme.
Speaker.
(Video presentation)
I will cut this short now, Mme. Speaker, but that
was what happened.
Distinguished colleagues, Vice Mayor Paolo
Duterte and several lawyers kept the gate open for
almost two hours to belie the allegation that the
Lumads were being held against their will. Not a
single Lumad wanted to go back to their militarized
land.
Mme. Speaker, dear colleagues, the Lumads
left their lands with the hope that the government
officials would listen to their plight and help resolve
the seemingly endless situation of unpeace. They did
not expect that a Member of this august Body would
bring them face-to-face with the police, the AFP, the
paramilitary groups that caused them, in the first place,
to flee the land of their ancestors.
Mme. Speaker, it is not within the jurisdiction nor the
authority of Members of the House of Representatives,
even if they may be appointed to chair a committee such
TUESDAY, AUGUST 11, 2015 5
as the Committee on Indigenous Cultural Communities
and Indigenous Peoples, to order the local police to
forcibly bring internally displaced persons back to
their communities against their will. Our colleague
clearly transgressed and went overboard. She usurped
the powers of the local government in ordering the
supposed rescue of the Lumads in UCCP Haran.
Mayor Rodrigo Duterte of Davao City aired his
disgust by saying “Congresswoman ka lang, Mayor
ako.”
The Hon. Chaloka Beyani, United Nations
Special Rapporteur on the Human Rights of Internally
Displaced Persons went to Haran and listened to the
pastors of the UCCP and the Lumad elders. Last
July 31, the Honorable Beyani concluded his official
visit to the Philippines and gave his statement based
on his sober, objective consultations with various
stakeholders.
The report of Dr. Beyani states, and I quote:
I travelled to Davao to consult the national
and local authorities and the indigenous
peoples themselves on this situation. I heard
from the Armed Forces of the Philippines
its assertion that it is seeking to protect the
communities and provide services to them
in conflict regions. However, the displaced
IPs made it clear that it is their presence
and that of the paramilitary groups in their
communities that continues to create anxiety
amongst the indigenous communities. The
community wish to return to their lands but
stressed to me that they will only feel safe
to do so if the long-term militarization of
their region comes to an end and they can
return with guarantees of safety, dignity
and protection. They described to me their
concerns including their alleged forced
recruitment into paramilitary groups, known
as the Alamara, under the auspices of the
AFP and the harassment in the context of the
on-going conflict between the AFP and the
NPA.
Those are the words of the Rapporteur.
In press releases, the Eastern Mindanao Command
of the Armed Forces of the Philippines distorted this
report saying, Dr. Beyani believes that the Lumads in
Haran were manipulated. This brazen distortion of Dr.
Beyani’s statement is a grievous diplomatic faux-pas.
The AFP’s claims run in sharp contrast to Dr.
Beyani’s official statement and places the Philippine
government which invited him in an awkward and
embarrassing situation.
Dr. Beyani was in fact precise in his statements and
forthright in concluding that:
Displacement, whether due to conflict or
development, not only destroys the homes
and livelihoods of indigenous peoples, but
has an incalculable impact on their cultures
and ways of life that are part of the rich and
diverse heritage of the Philippines that must be
protected or otherwise lost, perhaps forever.
I urge the government, in consultation with
indigenous peoples themselves, to give greater attention
to addressing the causes of displacement whether it
be due to the militarization of their areas or due to
development projects.
At this juncture, Deputy Speaker Abad relinquished
the Chair to Deputy Speaker Sergio A.F. Apostol.
Those are the words of the UN Rapporteur.
Mr. Speaker, dear colleagues, today I echo this call
and urge each and every one of us to join the Lumads
in their appeal to demilitarize their communities so that
they may return to their lands and their children can go
back to school without fear of being bombed or hit by
bullets, without fear of being questioned or harassed by
the military. As legislators, we do not have the authority
to encroach on the jurisdiction of a local government
unit. We should know our place.
Let us support the Lumad’s appeal for peace.
Good afternoon.
THE DEPUTY SPEAKER (Rep. Apostol). The
Asst. Majority Leader is recognized.
REP. ALVAREZ (F.). Mr. Speaker, I move that we
refer the privilege speech of Congresswoman Ilagan to
the Committee on Rules.
THE DEPUTY SPEAKER (Rep. Apostol). Is
there any objection? (Silence) The Chair hears none;
the speech of Congresswoman Ilagan is referred to…
REP. ATIENZA. Mr. Speaker.
THE DEPUTY SPEAKER (Rep. Apostol). I will
just refer the speech.
REP. ATIENZA. Are we holding a session, Mr.
Speaker?
THE DEPUTY SPEAKER (Rep. Apostol). Yes, we
will just refer the speech to the Committee on Rules,
then the Gentleman will have the floor.
REP.ATIENZA.We do not have a quorum, Mr. Speaker.
THE DEPUTY SPEAKER (Rep. Apostol). The
6 TUESDAY, AUGUST 11, 2015
Dep. Majority Leader, ang Kinatawan ng BUHAY ayaw
buhayin ang session, ano ang say mo?
SUSPENSION OF SESSION
REP. DEFENSOR. Mr. Speaker, may I move for a
brief suspension of the session, Mr. Speaker.
THE DEPUTY SPEAKER (Rep. Apostol). The
session is suspended.
It was 4:35 p.m
RESUMPTION OF SESSION
At 5:17 p.m., the session was resumed with Deputy
Speaker Carlos M. Padilla presiding.
THE DEPUTY SPEAKER (Rep. Padilla). The
session of the House is resumed.
The Dep. Majority Leader, the Honorable Defensor,
is recognized.
REP. DEFENSOR. Mr. Speaker, I move that we
call the roll of Members.
ROLL CALL
THE DEPUTY SPEAKER (Rep. Padilla). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
The Secretary General will please call the roll.
At this juncture, Deputy Speaker Padilla relinquished
the Chair to Deputy Speaker Sergio A.F. Apostol.
The Secretary General called the roll, and the result
is reflected in Journal No. 8, dated August 11, 2015.*
At this juncture, Deputy Speaker Apostol
relinquished the Chair to Deputy Speaker Henedina
R. Abad.
THE SECRETARY GENERAL. The Speaker is
present.
The roll call shows that 178 Members responded
to the call.
THE DEPUTY SPEAKER (Rep. Abad). With 178
Members present, the Chair declares the presence of
a quorum.
The Dep. Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, first, I would
* See ANNEX (printed separately)
like to move for the suspension of the Privilege Hour
that we opened earlier.
THE DEPUTY SPEAKER (Rep. Abad). Is
there any objection? (Silence) The Chair hears
none; the motion is approved. The Privilege Hour
is suspended.
The Dep. Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, I move that
we take up items under our Calendar of Business,
particularly the Business for Thursday and Friday.
THE DEPUTY SPEAKER (Rep. Abad). Please
proceed.
OMNIBUS CONSIDERATION OF LOCAL BILLS
ON SECOND READING
REP. DEFENSOR. Mme. Speaker, I move that we
take up the omnibus consideration of the following
measures, as contained in their respective committee
reports, and kindly direct the Secretary General to read
the titles of these bills:
1. House Bill No. 5941, contained in Committee
Report No. 802;
2. House Bill No. 5953, contained in Committee
Report No. 804;
3. House Bill No. 5954, contained in Committee
Report No. 805;
4. House Bill No. 5957, contained in Committee
Report No. 808;
5. House Bill No. 5959, contained in Committee
Report No. 809;
6. House Bill No. 5960, contained in Committee
Report No. 811;
7. House Bill No. 5961, contained in Committee
Report No. 812;
8. House Bill No. 5980, contained in Committee
Report No. 818;
9. House Bill No. 5991, contained in Committee
Report No. 822;
10. House Bill No. 5992, contained in Committee
Report No. 823;
11. House Bill No. 5993, contained in Committee
Report No. 824; and
12. House Bill No. 5863, contained in Committee
Report No. 826 .
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
The Secretary General is hereby directed to read
the titles of the Bills just enumerated.
TUESDAY, AUGUST 11, 2015 7
THE SECRETARY GENERAL. House Bill
No. 5941, entitled: AN ACT EXTENDING THE
DEADLINE FOR COMPLIANCE WITH THE
REQUIREMENTS OF THE COMMISSION ON
HIGHER EDUCATION FOR CONVERSION INTO
A STATE UNIVERSITY, THEREBY AMENDING
REPUBLIC ACT NO. 10599 ENTITLED: “AN ACT
CONVERTING THE PALOMPON INSTITUTE
OF TECHNOLOGY IN THE MUNICIPALITY OF
PALOMPON, PROVINCE OF LEYTE INTO A
STATE UNIVERSITY TO BE KNOWN AS THE
PALOMPON POLYTECHNIC STATE UNIVERSITY,
INTEGRATING THEREWITH THE MARCELINO R.
VELOSO NATIONAL POLYTECHNIC COLLEGE IN
THE MUNICIPALITY OF TABANGO, PROVINCE OF
LEYTE AND APPROPRIATING FUNDS THEREFOR;
House Bill No. 5953, entitled: AN ACT RENAMING
THE PHILIPPINE PUBLIC SAFETY COLLEGE –
REGIONAL TRAINING SCHOOL 7 (PPSC-RTS 7)
IN CONSOLACION, PROVINCE OF CEBU INTO
THE CAMP JESSE M. ROBREDO REGIONAL
TRAINING CENTER 7, NATIONAL POLICE
TRAINING INSTITUTE, PHILIPPINE PUBLIC
SAFETY COLLEGE;
House Bill No. 5954, entitled: AN ACT
INCREASING THE BED CAPACITY OF THE DR.
RAFAEL S. TUMBOKON MEMORIAL HOSPITAL
IN THE MUNICIPALITY OF KALIBO, PROVINCE
OF AKLAN, FROM ONE HUNDRED SIXTY-
TWO (162) TO FOUR HUNDRED (400) BEDS,
AND APPROPRIATING FUNDS THEREFOR;
House Bill No. 5957, entitled: AN ACT DECLARING
THE MUNICIPALITY OF KIBUNGAN, PROVINCE OF
BENGUET A MINING-FREE ZONE AND PROVIDING
PENALTIES FOR VIOLATIONS THEREOF;
House Bill No. 5959, entitled: AN ACT CREATING
A BARANGAY TO BE KNOWN AS BARANGAY
MASAO IN THE MUNICIPALITY OF TUNGAWAN,
PROVINCE OF ZAMBOANGA SIBUGAY;
House Bill No. 5960, entitled: AN ACT
CONVERTING THE LAKEVIEW ELEMENTARY
SCHOOL AND THE PEDRO E. DIAZ HIGH
SCHOOL – LAKEVIEW ANNEX IN BARANGAY
PUTATAN, CITY OF MUNTINLUPA, METRO
MANILA INTO AN INTEGRATED SCHOOL TO BE
KNOWN AS LAKEVIEW INTEGRATED SCHOOL
AND APPROPRIATING FUNDS THEREFOR;
House Bill No. 5961, entitled: AN ACT
S E PA R AT I N G T H E PA D A D A N AT I O N A L
HIGH SCHOOL – MALINAO EXTENSION IN
BARANGAY LOWER MALINAO, MUNICIPALITY
OF PADADA, PROVINCE OF DAVAO DEL SUR
FROM THE PADADA NATIONAL HIGH SCHOOL,
CONVERTING IT INTO AN INDEPENDENT
NATIONAL HIGH SCHOOL TO BE KNOWN AS
MALINAO NATIONAL HIGH SCHOOL OF ARTS
AND TRADE AND APPROPRIATING FUNDS
THEREFOR;
House Bill No. 5980, entitled: AN ACT
ESTABLISHING THE SECOND DISTRICT
ENGINEERING OFFICE IN THE MUNICIPALITY
OF COMPOSTELA, PROVINCE OF COMPOSTELA
VALLEY,ANDAPPROPRIATING FUNDS THEREFOR;
House Bill No. 5991, entitled: AN ACT
C O N V E RT I N G T H E N O RT H W E S T E R N
MINDANAO STATE COLLEGE OF SCIENCE
AND TECHNOLOGY (NMSCST) IN THE CITY OF
TANGUB, PROVINCE OF MISAMIS OCCIDENTAL
INTO A STATE UNIVERSITY TO BE KNOWN
AS THE UNIVERSITY OF NORTHWESTERN
MINDANAO (UNM), INTEGRATING THEREWITH
THE SATELLITE CAMPUSES OF THE MINDANAO
UNIVERSITY OF SCIENCE AND TECHNOLOGY
(MUST) IN THE CITY OF OROQUIETA AND IN THE
MUNICIPALITY OF PANAON, BOTH LOCATED IN
THE PROVINCE OF MISAMIS OCCIDENTAL, AND
APPROPRIATING FUNDS THEREFOR;
House Bill No. 5992, entitled: AN ACT
ESTABLISHING THE MISAMIS OCCIDENTAL
STATE COLLEGE IN THE CITY OF OROQUIETA,
P R O V I N C E O F M I S A M I S O C C I D E N TA L ,
INTEGRATING THEREWITH THE OROQUIETA
AGRO-INDUSTRIAL SCHOOL (OAIS) IN
BARANGAY VILLAFLOR, OROQUIETA CITY,
AND APPROPRIATING FUNDS THEREFOR;
House Bill No. 5993, entitled: AN ACT
ESTABLISHING THE SOUTH COTABATO
STATE COLLEGE IN THE MUNICIPALITY OF
SURALLAH, PROVINCE OF SOUTH COTABATO,
INTEGRATING THEREWITH THE SURALLAH
NATIONAL AGRICULTURAL SCHOOL LOCATED
IN THE MUNICIPALITY OF SURALLAH, AND
APPROPRIATING FUNDS THEREFOR; and
House Bill No. 5863, entitled: AN ACT
CONVERTING THE HULO ELEMENTARY SCHOOL
IN BARANGAY HULO, CITY OF MANDALUYONG
INTO AN INTEGRATED SCHOOL TO BE
KNOWN AS HULO INTEGRATED SCHOOL AND
APPROPRIATING FUNDS THEREFOR.
THE DEPUTY SPEAKER (Rep. Abad). The Dep.
Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, I move that we
consider the respective Explanatory Notes of the Bills
as the sponsorship speeches thereon.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, there being no
8 TUESDAY, AUGUST 11, 2015
Member who registered to interpellate, I move that we
close the period of sponsorship and debate.
THE DEPUTY SPEAKER (Rep. Abad). Is there any
objection? (Silence) The Chair hears none; the motion is
approved.
REP. DEFENSOR. Mme. Speaker, I move that we
open the period of amendments.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, there being no
Committee or individual amendments, I move that we
close the same.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, I move that we
approve on Second Reading the said local bills.
VIVA VOCE VOTING
THE DEPUTY SPEAKER (Rep. Abad). As many
as are in favor of the aforementioned bills, please say
aye.
SEVERAL MEMBERS. Aye.
THE DEPUTY SPEAKER (Rep. Abad). As many
as are against, please say nay.
FEW MEMBERS. Nay.
OMNIBUS APPROVAL OF LOCAL BILLS
ON SECOND READING
THE DEPUTY SPEAKER (Rep. Abad). The ayes
have it; the motion is approved.
The bills enumerated in the omnibus motion are
hereby approved on Second Reading.*
The Dep Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, I move that we
take up national bills on Second Reading.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved. We are ready to take up national
bills on Second Reading.
* See MEASURES CONSIDERED (printed separately)
CONSIDERATION OF H.B. NO. 5955
ON SECOND READING
PERIOD OF SPONSORSHIP AND DEBATE
REP. DEFENSOR. Mme. Speaker, I move that we
consider House Bill No. 5955, contained in Committee
Report No. 806, as reported out by the Committees on
Health and on Appropriations.
May I ask that the Secretary General be directed to
read only the title of the measure.
THE DEPUTY SPEAKER (Rep. Abad). 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.
5955, entitled: AN ACT ESTABLISHING A FREE
BASIC MEDICINE ASSISTANCE PROGRAM IN ALL
GOVERNMENT HEALTH FACILITIES NATIONWIDE
AND APPROPRIATING FUNDS THEREFOR.
THE DEPUTY SPEAKER (Rep. Abad). The Dep.
Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, I move that
the Explanatory Note of the Bill be considered as the
sponsorship speech on the measure.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, I move that we
open the period of sponsorship and debate.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, there being no
Member who registered to interpellate, I move that we
close the period of sponsorship and debate.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
TUESDAY, AUGUST 11, 2015 9
REP. DEFENSOR. Mme. Speaker, I move that we
open the period of amendments.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, there being no
Committee or individual amendments, I move that we
close the period of amendments.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. Mme. Speaker, I move that we
approve on Second Reading House Bill No. 5955.
VIVA VOCE VOTING
THE DEPUTY SPEAKER (Rep. Abad). As many
as are in favor of the said Bill, please say aye.
SEVERAL MEMBERS. Aye.
THE DEPUTY SPEAKER (Rep. Abad). As many
as are against, please say nay.
FEW MEMBERS. Nay.
APPROVAL OF H.B. NO. 5955
ON SECOND READING
THE DEPUTY SPEAKER (Rep. Abad). The ayes
have it; the motion is approved.
House Bill No. 5955 is approved on Second Reading.
The Dep. Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, may we greet
our guests in the gallery. First, we have the guests of
the Hon. Silvestre “Bebot” H. Bello III from 1-BAP
Party-List. This is a delegation from the municipality
of Sta. Maria, Isabela. They are public officials headed
by their mayor, Mayor Benny Marasigan.
THE DEPUTY SPEAKER (Rep. Abad). Guests
of Congressman Bello, please stand up. (Applause)
Welcome to the House of Representatives.
The Dep. Majority Leader is recognized.
REP. ALVAREZ (F.). Mme. Speaker, may we also
greet the guests of Cong. Rufus B. Rodriguez, the CDP
officers. First, we have Antonio C. Candido, Deputy
Secretary General, Centrist Democratic Party of the
Philippines; Atty. Allan Montaño, National Treasurer;
and Ms. Precy Villacorta. (Applause)
THE DEPUTY SPEAKER (Rep. Abad). May we
ask the guests of Congressman Rodriguez to stand.
Welcome to the House of Representatives. Good
afternoon.
The Dep. Majority Leader is recognized.
REP. ALVAREZ (F.). Mme. Speaker, likewise, let us
also greet the guests of the Hon. Jeffrey D. Khonghun.
We have the barangay officials and personnel from
Barangay Nagbayan, Castillejos, Zambales headed by
Punong Barangay Ronnie T. Alterado.
THE DEPUTY SPEAKER (Rep. Abad). May
we ask the guests of our dear Congressman to please
rise to be recognized. Welcome to the House of
Representatives.
The Dep. Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, I move that we
take up the Unfinished Business.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
CONSIDERATION OF H.B. NO. 5811
Continuation
PERIOD OF SPONSORSHIP AND DEBATE
REP. DEFENSOR. Mme. Speaker, I move that we
resume the consideration of House Bill No. 5811, and
kindly direct the Secretary General to read the title of
this measure.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
May we ask the Secretary General to read the title
of the said Bill.
THE SECRETARY GENERAL. House Bill
No. 5811, entitled: AN ACT PROVIDING FOR
THE BASIC LAW FOR THE BANGSAMORO
AUTONOMOUS REGION, REPEALING FOR THE
PURPOSE REPUBLIC ACT NO. 9054, ENTITLED
“AN ACT TO STRENGTHEN AND EXPAND
THE ORGANIC ACT FOR THE AUTONOMOUS
REGION IN MUSLIM MINDANAO”, AND
REPUBLIC ACT NO. 6734, ENTITLED “AN
ACT PROVIDING FOR AN ORGANIC ACT FOR
THE AUTONOMOUS REGION IN MUSLIM
MINDANAO.”
THE DEPUTY SPEAKER (Rep. Abad). The Dep.
Majority Leader is recognized.
10 TUESDAY, AUGUST 11, 2015
REP. DEFENSOR. Mme. Speaker, the parliamentary
status is that we are in the period of interpellation and
debate. With that, I move that we acknowledge or
recognize the honorable Chairman of the Ad Hoc
Committee, the Hon. Rufus B. Rodriguez, for the
sponsorship.
THE DEPUTY SPEAKER (Rep. Abad). The Hon.
Rufus B. Rodriguez is hereby recognized.
REP. RODRIGUEZ (R.). Thank you very much,
Mme. Speaker. We are ready to answer any questions
and interpellation in this august Assembly.
REP. DEFENSOR. To interpellate, Mme. Speaker,
may we recognize the Gentleman from ANAKPAWIS,
the Hon. Fernando “Ka Pando” L. Hicap.
THE DEPUTY SPEAKER (Rep. Abad). The
Representative from Party-List ANAKPAWIS is hereby
recognized for his interpellation, or do we have …
REP. LOBREGAT. Manifestation, Mme. Speaker.
THE DEPUTY SPEAKER (Rep. Abad). What is
the manifestation?
REP. LOBREGAT. The status of House Bill No.
5811 when we adjourned was that I was interpellating
and I was asked to suspend my interpellation. Today, I
will temporarily yield to other Members of the House
who want to ask before me, but I will go back. Is that
all right?
REP. DEFENSOR. Yes, Mme. Speaker.
THE DEPUTY SPEAKER (Rep. Abad). The Dep.
Majority Leader is recognized.
REP. DEFENSOR. That is correct, we are to
continue with the interpellation of the Honorable
Rodriguez (R.) by the Honorable Hicap, but it does
not forfeit …
REP. LOBREGAT. No, no, that is why I will yield.
I yield.
THE DEPUTY SPEAKER (Rep. Abad). So, the
manifestation is duly noted.
REP. DEFENSOR. Yes, Mme. Speaker, the
reservation.
THE DEPUTY SPEAKER (Rep. Abad). So, we
would like to recognize now the Representative of the
Party-List ANAKPAWIS, Congressman Hicap, for his
interpellation.
You can now begin your interpellation, Congressman
Hicap.
REP. HICAP. Maraming salamat, Mme. Speaker,
sa magiting na Sponsor ng BBL at Chairman of the
Ad Hoc Committee. Ang akin pong mga ilang tanong
at paglilinaw kaugnay dito sa panukalang batas o
substitute bill, House Bill No. 5811, ay kaugnay sa
mga isyu na kung saan ay ito ang aking kinakatawan,
ang mga magsasaka, manggagawa at maralita na mga
mamamayang Moro na sasaklawin ng panukalang
Bangsamoro Autonomous Region.
Mr. Sponsor, Mme. Speaker, may datos po ba
kayo kung ilang porsiyento ng mamamayan ng
Bangsamoro territory ang mga magsasaka, mangingisda
at manggagawang-bukid?
REP. RODRIGUEZ (R.). We do not have any data
on that, Mme. Speaker, so we would like to be given the
data on the farmers and fisherfolk. What we know is that
there is a population of 3.5 million in the Bangsamoro
Autonomous Region.
REP. HICAP. Sa tantiya ninyo, malaking bilang
o signipikanteng bilang o mayorya ang bilang ng
mamamayang Moro.
REP. RODRIGUEZ (R.). Yes, we would agree
that a big majority of the people of the Bangsamoro
Autonomous Region would be farmers and fisherfolk.
REP. HICAP. Maraming salamat, Mme. Speaker,
and G. Sponsor. Naitanong ko po ito dahil nakakabahala
po, G. Sponsor, Mme. Speaker, na sa teksto ng Basic Law
ng Bangsamoro Autonomous Region, napakadalang na
banggitin ang mga bagay na may kaugnayan sa mga
magsasaka, mangingisda at mamamayang naghihikahos.
Sa halos 100 o isandaang pahina ng panukalang batas
na ito, bibihirang mabanggit o makakita kayo ng
salitang “magsasaka.” Sa katunayan, kung hindi ako
nagkakamali, dalawang beses ninyo lamang ito makikita
sa buong panukalang batas. Iyong isang beses pa ay
hindi tuwirang patungkol sa mismong paksa ng mga
magsasaka kung hindi kaugnay ng buwis sa ilalim
ng Article No. XI, Section 9 o ang Taxing Powers
ng Bangsamoro government. Ang ikalawa naman ay
nasa ilalim ng Article XII, Section 22, Agriculture,
Fisheries and Aquatic Resources, isang napakaikling
seksyon, isang para po lamang na pangkalahatang
paglalahad sa diumano ay pagiging susing estratehiyang
pangkaunlaran ang agrikultura.
Ang pinupunto ko po, G. Sponsor, Mme. Speaker,
hindi sapat na makabuluhang nabibigyan ng panukalang
batas na ito ang puwang ng kapakanan ng mga kababayan
nating mga magsasaka, manggagawang-bukid at
mangingisda sa Bangsamoro territory, na sila namang
TUESDAY, AUGUST 11, 2015 11
bumubuo, sabi nga natin kanina, ng pinakamalaking
bilang ng populasyon—ang mga magsasaka na ang
kalakhan ay naghihikahos dahil pinagkakaitan ng lupa
o walang lupang sinasaka.
G. Sponsor, Mme. Speaker, bakit wala sa panukalang
batas, sa Basic Law ng Bangsamoro Autonomous
Region, ang probisyon, halimbawa, para sa tunay na
reporma sa lupa na makakaresolba sana sa isang mayor
na ugat ng kahirapan ng mga kapatid nating Moro, at
siya ring dahilan ng kanilang magiting at mahabang
paglaban para sa katarungang panlipunan at karapatan
sa pagpapasya sa sarili?
REP. RODRIGUEZ (R.). Mme. Speaker, there is
no special mention and focus on a particular sector of
the society in the Bangsamoro because all sectors, all
inhabitants, all those who reside in the Bangsamoro will
be equally treated by this Basic Law on the Bangsamoro
Autonomous Region. Certainly, we would like to tell
the honorable Gentleman, the Representative from
ANAKPAWIS that if you read the provisions of the
BLBAR, this will take care of all sectors—the farmers,
fisherfolk, laborers, professionals, landowners, land
tillers. All of them are included in the BLBAR and
certainly, since they are the majority, they have their
right to be able to be represented fully because there
will be elections for the members of the Bangsamoro
Parliament. However, we also take note and we really
appreciate the concern of our distinguished colleague
from ANAKPAWIS that there should be also more
specific mention. Certainly, Mme. Speaker, we are
very much willing to receive from His Honor particular
provisions or proposals that we may take up in the
period of amendments so that we will have a more
focused statement about and especially the sector of
the farmers and fisherfolk.
As to the second point that there was no mention
to what he calls “tunay na agrarian reform,” let me
just state that, really, in the exclusive powers of the
Bangsamoro government, we see here paragraph (e) of
Section 4 which states that the Bangsamoro government
shall “adopt and implement a comprehensive urban
land reform and land use program, to ensure the just
utilization of lands within its jurisdiction.” It is very
clear: urban land reform and also land use of the entire
Bangsamoro area. So, it is not correct that we left out
a real agrarian reform program in the Bangsamoro
Autonomous Region.
REP. HICAP. Maraming salamat, G. Sponsor at
Mme. Speaker.
Tama po, nasa Section 4 iyong exclusive power
na magpapatupad ng urban land reform. G. Sponsor,
Mme. Speaker, kapag sinabi po ba natin na urban land
reform ay kahalintulad na ba siya ng genuine land
reform o pagpapatupad ng tunay na reporma sa lupa?
Ang pagkakaintindi ko po, G. Sponsor, Mme. Speaker,
ang tinutukoy na urban land reform sa Section 4 sa
Other Exclusive Powers, ay iyong nasa urban area
pero iyong mga nasa remote na siyang pinakamalaki na
bilang na malalawak na lupain na nasa kontrol ng iilang
mga landowners at mga transnational corporations
sa Mindanao, na siyang dahilan ng pagkakait sa
kawalanng-lupa at kakulangan ng lupa ng malawak
na bilang ng mga magsasakang mamamayang Moro,
ay hindi po nababanggit. Isa pa po, G. Sponsor, Mme.
Speaker, wala pong katiyakan kung ito lang iyon dahil
sa akin po, sa aking pag-aalangan dahil wala ngang
specific na probisyon na nagsasabi na ang Bangsamoro
Autonomous Region ay magpapatupad ng tunay
na reporma sa lupa ay mangyayari kung gagamitin
lamang ang Section 4. Hindi ko po inihahambing
iyong mabubuo man na Bangsamoro Autonomous
Region sa pamamagitan nitong panukalang batas kung
ikukumpara sa umiiral na Autonomous Region in
Muslim Mindanao o ang R.A. No. 9054 kung nasaan
ang Article X sa Ancestral Domain, Ancestral Lands and
Agrarian Reform pero mula pa noon hanggang ngayon
po ay wala pong nagaganap na pamamahagi ng lupa o
tunay na reporma sa mga walang lupa at kulang na lupa
ng mga kapatid nating Moro sa Mindanao.
Kaya ito po ay walang katiyakan bagamat sabi
po ninyo kanina na tinitingnan ninyo na maaari na
sa panahon o proseso ng period of amendments ay
puwede tayong pumasok, sana maipasok. May I
suggest sa panahon ng ating period of amendments
ng ating panukalang batas sa Autonomous Region ay
maipasok at magkaroon ng isang paragraph para doon
sa pagpapatupad ng reporma sa lupa. Kung hindi po
ako nagkakamali, G. Sponsor, Mme. Speaker, noong
panahong nasa deliberation ito sa Committee, isa po
ako sa nagpanukala at nagmungkahi na kung maaaring
magdagdag dito sa Exclusive Powers na magkaroon
ng isang paragraph para sa pagpapatupad ng tunay na
reporma sa lupa para magkaroon ng social justice, ang
matagal nang paglalaban na dahilan ng pakikibaka, ng
armadong pakikibaka ng mga mamamayang Moro sa
Mindanao na hanggang sa ngayon ay kailangan iyong
tunay na reporma sa lupa pero sa botohan po ay natalo
ako, G. Sponsor, Mme. Speaker.
REP. RODRIGUEZ (R.). Mme. Speaker, we really
appreciate the points of the honorable Representative
of ANAKPAWIS that there should really be not only
urban but rural and agrarian reform program, but we
would like to also state that if you juxtapose Section
4 paragraph (e) to Section 3 on Exclusive Powers,
paragraphs (dd) and (ee), let me just also inform the
Body that for paragraph (e), on urban land reform and
land use program, there is a provision here on land
management, land distribution and agricultural land
use reclassification which will now be able to cover
12 TUESDAY, AUGUST 11, 2015
the land distribution for the rural areas. That is why
it states here, Section 3. dd, “Land management, land
distribution and agricultural land use reclassification.”
The Bangsamoro government shall have the power that
“the classification of public lands into alienable and
disposal lands shall be initiated and recommended by
the Bangsamoro Government to the President for the
timely implementation of the Bangsamoro development
plans and targets.”
In fact, this is followed by paragraph (ee) and it
says:
Cadastral land survey. – The Bangsamoro
Government shall have the authority to conduct
cadastral surveys, lot surveys, and isolated and
special surveys in the Bangsamoro Autonomous
Region. The Bangsamoro Government shall
furnish the results of these surveys to, and
coordinate with, relevant National Government
agencies to effect inclusion into national
cadastral survey.
By having the cadastral survey, we should be able
to determine which particular land areas should be
included in the comprehensive urban land reform and
also in the land distribution of all lands, not only urban
but also rural land areas.
REP. HICAP. Okay. Maraming salamat, G.
Sponsor.
Ang nabanggit po ninyo ay, ito ay iyong pagbubuo
ng isa lamang na body para sa pag-aaral, pagsu-survey
kung ilan ang lupa pero wala pong specific na sinasabi
na magpapatupad ito maliban o ang right nito ay mag-
recommend doon sa President para aprobahan. Kaya
walang katiyakan, G. Sponsor, Mme. Speaker, na kung
hindi aprobahan ng body at hindi nila kilalanin iyong
karapatan noong mga mamamayang magsasaka na
mag-ari ng lupa ay wala pong magaganap kasi wala
nga pong specific provision mismo sa panukalang
batas ng Autonomous Region para doon sa pagtitiyak
ng pagpapatupad ng reporma sa lupa.
Kaya ang akin po at bilang Kinatawan, hanggang
hindi natin nareresolba ang ugat ng armadong tunggalian
ng pakikibaka ng mga kapatid nating mamamayang
Moro at ng mamamayang Pilipino sa ating bansa, ang
kawalan ng lupa at kakulangan ng lupa at ang inhustisya,
hindi po mawawala ang armadong tunggalian dahil
ito iyong ugat. Kaya para sa akin, para higit pang o
mas kilalanin at magkaroon ng ngipin ang panukalang
batas sa pagbubuo ng totoong awtonomiya at sariling
pagpapasya, pagkilala ng kanilang sariling pagpapasya
ng mga mamamayang Moro ay dapat malinaw. Dapat
ngang pangunahing tinutugunan at dapat prayoridad
ng panukalang batas ay iyong pagtugon doon sa
pagpapatupad ng tunay na reporma sa lupa.
Ito po iyong aking higit na iginigiit kasi nakakabahala
nga kung dito sa ARMM, napakatagal nang panahong
umiiral siya at mayroong specific provision na
kailangang magpatupad ng tunay na reporma sa lupa
pero hindi naganap, ay lalo pa, G. Sponsor, Mme.
Speaker, kung wala ito doon sa ating panukalang
batas.
REP. RODRIGUEZ (R.). Mme. Speaker, certainly,
we would appreciate the proposals of the honorable
Representative from ANAKPAWIS when we go to the
period of amendments, on the specific amendments that
he would wish to be considered by this august Body
when we go to amendments and certainly, we would
be very much willing to consider the same.
REP. HICAP. Maraming salamat, G. Sponsor, Mme.
Speaker.
G. Sponsor, Mme. Speaker, uulitin ko, dalawang
salitang “farmers” sa mga pahina ng Basic Law for
the Bangsamoro Autonomous Region—dalawang
salita lang at mas marami pang pagbanggit sa salitang
“foreign.” Kung hindi ako nagkakamali, may humigit-
kumulang 10 beses na binanggit ang salitang “foreign”
sa Basic Law for the Bangsamoro Autonomous Region.
Ang kalakhan sa pagbabanggit na ito ay may kinalaman
sa foreign investments, foreign loans, foreign lending
institutions at foreign banks. Samakatuwid, sinasalamin
nito sa paniniwala ng maraming sektor ng mga
mamamayan sa loob at labas ng Bangsamoro territory
na ang Basic Law for the Bangsamoro Autonomous
Region ay isang panukalang batas para lamang matiyak
ng pambansang pamahalaan na pakikinabangan pa nang
higit, na mapagsasamantalahan pa nang ibayo ng mga
dayuhang korporasyon ang yaman ng Bangsamoro—
ang natural gas, ang mga mina, ang mga kagubatan—
lalo na sa panahon ng maraming natatanaw na ng
pamahalaan at ng mga dayuhan at mga kapangyarihan
na matigil na ang labanan sa Mindanao.
G. Sponsor, Mme. Speaker, ayon ba sa
kasalukuyang substitute Bill ng BBL, ang mamamayan
ba ng Bangsamoro, sa pamamagitan ng Bangsamoro
government, ay bibigyan ng kapangyarihan para sa pag-
explore, pag-develop at pag-utilize sa natural resources
ng Bangsamoro territory? O ang kapangyarihan lamang
ng ito ay nasa antas ng pagsu-supervise at kung gayon
ay hindi talaga ito sa esensiya na makapagpapasiya
sa sarili at gayun din, kaugnay sa likas na yaman ng
Bangsamoro?
REP. RODRIGUEZ (R.). Mme. Speaker, the
exploitation and development of natural resources in
the Bangsamoro are given to the Bangsamoro except
the strategic minerals, meaning all sources of potential
energy, uranium, oil and gas. There is therefore that
grant to the Bangsamoro for all other exploitation of the
TUESDAY, AUGUST 11, 2015 13
natural resources except the strategic minerals wherein
it will be the national government that can therefore
give the contracts and also the development of these
strategic minerals.
REP. HICAP. Maraming salamat, G. Sponsor, Mme.
Speaker.
Ang isang gusto ko lang ipunto, G. Sponsor, Mme.
Speaker, doon sa panukalang batas bago itong substitute
Bill ay ibinibigay ang karapatan sa Autonomous Region
of the Bangsamoro iyong pamamahala, pangangasiwa
at pakikinabang ng mga likas na yaman. Bakit po siya
tinanggal dito sa substitute Bill at ang mangyayari
ay parang consultative body na lamang siya at ang
magpapasiya pa rin ay ang national government, G.
Sponsor, Mme. Speaker?
REP. RODRIGUEZ (R.). Mme. Speaker,
distinguished colleague, Section 8 of the Bangsamoro
Autonomous Region Basic Law on Natural Resources
would read:
The Bangsamoro Government shall
have the authority, power, and right to the
control and supervision over the exploration,
utilization, development, and protection of the
mines and minerals and other natural resources
within the Bangsamoro Autonomous Region
in accordance with the Constitution and the
pertinent provisions of this Basic Law except
for the strategic minerals such as uranium,
petroleum, and other fossil fuels, mineral oils,
and all sources of potential energy, provided
that the Bangsamoro Government shall be
consulted.
The reason for this is really the word “strategic.”
Why is the word “strategic” here? It is the belief of
the Ad Hoc Committee that these sources of potential
energy should be in the hands of the national government
so that they can equally be developed and the benefits
shall be given to the entire Filipino nation. That is why
these have been the exceptions.
Of course, if we follow the Regalian Doctrine, it is
really the central government, the national government,
that has full control and supervision over all mines,
minerals and other natural resources. However, there is a
delegation for other mineral resources and other natural
resources as long as they do not fall under the strategic
minerals because there is a belief that we have to make
this a national concern but, of course, subject always to
consultation with the Bangsamoro government.
REP. HICAP. Iyon po ang isang gusto kong ilinaw,
G. Sponsor, Mme. Speaker. Kung autonomous ang
layunin ng ating panukalang batas at iyon din ang
ipinaglalaban ng ating mga kapatid na mamamayang
Moro, sa extraction at pakinabang ng mga strategic
resources na ito, bakit consultative lamang? Bakit hindi
concurrence iyong Autonomous Region and national
government para sa pagpapasiya at pakinabang ng
mga nabanggit na mga natural resources? Paano ka
magkakaroon, kumbaga, iyong natural resources kasi,
lalong-lalo na iyong mga strategic resources, ito iyong,
hindi ba, napakahalaga sa isang bansa o isang community
na ang mga resources na ito ay napapakinabangan ng
buong o lahat ng mga mamamayan, at sila iyong higit
na nakikinabang at namamahala para matiyak na hindi
sinasamantala iyong kanilang mga strategic resources,
G. Sponsor, Mme. Speaker.
REP. RODRIGUEZ (R.). Mme. Speaker, while
it will be the national government that will be able to
control the giving of contracts through these strategic
minerals, it is clear that the distribution or the sharing
of those minerals that are found and located in the
Bangsamoro area is that, first, from mineral resources,
except those which are energy related, they will get
75-25 percent sharing. As far as oil, gas and other
sources of potential energy, it will be 50-50. There
is no problem as far as the share of the Bangsamoro
government. The only thing withheld is the grant of
these contracts for this exploration of strategic minerals.
However, the sharing remains and under that sharing, all
non-minerals, 100 percent will go to the Bangsamoro.
All mineral resources will be 75-25, then, all energy
resources will be 50-50 and so, already, it is built-in in
this bill the sharing which is quite very high in favor
of the Bangsamoro government.
REP. HICAP. Salamat, G. Sponsor, Mme.
Speaker.
Ang akin pong punto rito ay iyong bakit consultative,
bakit hindi concurrence o equal na Bangsamoro
Autonomous Region at national government? Kung
paano ang pagpapasiya, paano iyong pag-extract,
paano iyong pakinabang, paano iyong pangangasiwa?
Pinakamahalaga dito, G. Sponsor, Mme. Speaker, iyong
pangangasiwa. Kung nasa national government iyan,
sa kasaysayan o sa karanasan na umiiral sa ating bansa
na mga batas kaugnay kung paano ang extraction sa
mga strategic minerals sa ating bansa ay halos walang
pakinabang iyong mamamayang Pilipino, lalong-lalo
na sa Mining Act of 1995. Ibig sabihin, iiral pa rin sa
Autonomous Region in Muslim Mindanao iyong mga
batas na umiiral dito tulad ng Mining Act of 1995 kung
saan ay halos sirain at dambungin ang lahat na yamang
mineral sa ating bansa at napakaliit ng bayad buwis,
kung hindi ako nagkakamali, na dalawang porsiyento
lamang ng total na kita. Ang masama pa doon ay hindi
pa na-monitor ng ating gobyerno iyong mga mining sa
ating bansa, kung magkano at ilan talaga ang volume
14 TUESDAY, AUGUST 11, 2015
ng kanilang mga dinadambong na likas na yaman. Kaya
iyon ang isang punto ko, Mme. Speaker, G. Sponsor.
Kung wala sa kanila iyong pamamahala, pangangasiwa,
at sila ay consultative lamang, iyon ang nakakabahala.
Wala sa kanilang pakinabang at tiyak na mangyayari
pa rin iyong walang humpay na pag-extract ng mga
strategic minerals ng Bangsamoro Autonomous Region
at walang magagawa iyong Autonomous Region
dahil hindi sa kanila iyong pamamahala, kontrol at
pangangasiwa ng mga strategic minerals.
REP. RODRIGUEZ (R.). Mme. Speaker, once
again, the very pivotal word here is “strategic.”
Let us go to uranium. Uranium, Mme. Speaker, is
the component for making nuclear warheads and atomic
bombs. Nagasaki just recently held its anniversary
where 350,000 people died within a radius of 10
kilometers and almost everybody within a radius of
50 kilometers became sick with leukemia. Uranium
was used in the bomb called “Fat Man.” The Fat Man
bomb was detonated about 1,500 feet from the ground
level after it was dropped in Nagasaki. “Little Boy”
was the bomb that Enola Gay dropped in Hiroshima
a week before Nagasaki. “Strategic” because the
national government should be the one that should be
able to have a policy on uranium. It cannot be given to
a regional assembly or regional government because
of the very strategic nature of uranium and that is
why it was included because strategically, it has to
be their decision if there is a finding of uranium. By
the way, there has been no finding yet of uranium in
our country but who knows, it might be found in the
Bangsamoro area, and we want that strategic mineral
that will be the basis for making atomic bombs and
also for nuclear warheads, to be within the control of
the national government.
Then we go to petroleum. Very clearly, our country
is still very much dependent on fossil fuels like
petroleum and therefore, we cannot have this as an
exclusive or concurrent power with the Bangsamoro
because the nation needs all the petroleum that will be
produced in this country, whether found in the West
Philippine Sea or in the Liguasan Marsh or in any
part of the Bangsamoro area. Then, also all sources of
potential energy because right now even in Mindanao,
as we speak, there are rotating brownouts in Cagayan de
Oro for the past two weeks, four hours a day. So, these
are very important resources that have to be decided on
a national level, under a national perspective and not
only on a regional perspective. So, that is the reason,
Mme. Speaker.
REP. HICAP. Ang ibig sabihin, Mme. Speaker,
G. Sponsor, ang tawag sa Bangsamoro territory,
ayon sa batas na ito, ay Bangsamoro Autonomous
Region pero tali pa rin ang kamay nito sa pambansang
pamahalaan at walang kapangyarihan na magpasiya
ng sarili kaugnay ng kanyang natural resources. Ibig
sabihin, ang pambansang pamahalaan pa rin ang
magpapasiya, halimbawa, sa pakikipag-partner nito sa
malayang pagpapapasok sa mga malalaking dayuhang
korporasyon, lalo na batay sa mga commitments nito
sa General Agreement on Tariffs and Trade sa World
Trade Organization sa pagpapatupad nito ng Mining
Act of 1995 para sa paggamit sa kayamanang likas
ng Bangsamoro pero tinatawag pa rin ng mga taga-
pagtulak ng substitute Bill na ito na autonomous ang
Bangsamoro.
REP. RODRIGUEZ (R.). Mme. Speaker, it is
inaccurate to state that they, the Bangsamoro, have no
power over the minerals. As stated, we only have the
strategic minerals retained by the national government.
All the other minerals are clearly within the powers
of the Bangsamoro government. As I have explained
earlier, these are strategic resources that should be taken
care of by the national government with the end in view
of being beneficial not only to the Bangsamoro region,
but to the entire country as well.
REP. HICAP. Pasok na po ako dito sa sunod na
concern, G. Sponsor, kaugnay sa mga manggagawa.
Iwanan ko na po ang kaugnay dito sa ating pinag-
uusapang mga isyu kaugnay dito sa paano makinabang
at kung sino ang higit na mamamahala ng natural
resources.
Hinggil po sa mga manggagawa, Mme. Speaker, G.
Sponsor, sa substitute Bill, Article Vlll sa Basic Right, sa
bahaging Social Justice, sa Section 9 sa Right of Labor,
binabanggit ang mga karapatan ng mga manggagawa,
kasama ang karapatan na magwelga, magbuo ng
unyon at iba pa. Sa ngayon, kung kaugnay ng mga
manggagawa at kanilang sahod, itinatakda ng Regional
Wage Board ng ARMM sa minimum na P250 bawat
isang araw. Sakaling mapasa ang panukalang batas,
ito ba rin ang Regional Wage Board sa Bangsamoro
territory, Regional Wage Board pa ba ito ng ARMM o
iba na ang tawag sa kanila?
REP. RODRIGUEZ (R.). Mme. Speaker, when
we have this Bill enacted into law and the plebiscite
will approve this Bill, precisely labor is devolved
and therefore, there will be a Ministry of Labor in the
Bangsamoro Parliament and this Ministry of Labor
will have the authority to create its own mechanism to
be able to have wages determined in the Bangsamoro
area. That is why while we will have the Ministry of
Labor in the Bangsamoro as one of the ministries, still
we have to make sure in this Bill that what is already
provided in our Constitution and in our Labor Code will
not be diluted. That is why Section 9 on the Rights of
Labor states:
TUESDAY, AUGUST 11, 2015 15
The Bangsamoro Government shall
guarantee all fundamental rights of all workers
to self-organization, collective bargaining and
negotiations, and peaceful concerted activities,
including the right to strike…
—these are the words—“with the Constitution,
Labor Code of the Philippines and all xxx.” Also, the
Bangsamoro government is really mandated to give all
the rights, not only in the Philippine Constitution, not
only in our Labor Code, but also “all conventions of the
International Labor Organization ratified or which are to
be ratified in the future by the National Government.”
Furthermore, it states here that:
The Constitution, the Labor Code, and
the the said conventions of the International
Labor Organization hereby form part of the
law of the Bangsamoro Autonomous Region.
In this regard, the right of workers, whether
publicly or privately employed, to form
unions, associations or federations, shall not
be abridged.
The workers shall participate in policy and
decision-making processes affecting their rights
and benefits
“The rights of workers to security of tenure”—these
are again the words of the Constitution—“humane
conditions of work, and a living wage shall be
guaranteed.” So, we make sure that the Ministry of
Labor and the Bangsamoro government will be able to
also implement the requirement of the Constitution on
living wage, Mme. Speaker.
REP. HICAP. G. Sponsor, Mme. Speaker, ibig bang
sabihin, kung maipapasa ang panukalang batas na ito
ay hindi na iiral sa Bangsamoro Autonomous Region
ang contractualization sa mga manggagawa?
REP. RODRIGUEZ (R.). Contractualization
is always against the Constitution because there is
no security of tenure. I am one of the coauthors of
the proposed bill to prohibit and to therefore make
criminal the contractualization of workers. However,
the situation is, there are still many companies, big
ones, that are into contractualization but certainly, if
there is the statement, then certainly, we hope that in
the Bangsamoro, there will be no contractualization
because this is against the Constitution.
REP. HICAP. Iyon po ay opinyon at bahagi pero
wala pong malinaw sa panukalang batas na ito sa
Autonomous Region kung paano ipapatupad iyong
sinasabi nating security of tenure ng mga manggagawa.
Bagamat nga against the Constitution at sa Labor
Code iyong contractualization, pero Mme. Speaker,
G. Sponsor, kapwwa ko Mambabatas, ito na ang
pinakamalaking problema ng ating mga manggagawa
sa ating bansa—ang contractualization. Halos lahat ng
mga manggagawa natin ay talagang contractual na at
mayroon pang subcontractual, ang pinakamalala.
Ang example diyan, Mme. Speaker, G. Sponsor,
ay iyong nangyaring sunog sa Kentex factory at ang 73
na mga manggagawa doon hanggang ngayon ay hindi
pa rin nabibigyan ng katarungan. Ganoon din po, G.
Sponsor, Mme. Speaker, sa Tanduay. Sa Tanduay ngayon
sa 400 na mga manggagawa, 390 ay contractual. Halos
iilan lamang ang regular. Ito ay umiiral sa kasalukuyan
pero mayroong Konstitusyon na nagbanggit na bawal
ito pero dahil nga sa ilang mga batas na umiiral,
iyong contractualization law at pagbibigay ng higit na
kapangyarihan at pagbibigay ng pakinabang sa mga
dayuhang kapital, mga transnational corporations sa
ating bansa, lalong-lalo na sa mga economic zones
kung saan ay ipinagbabawal ang pag-uunyon, ang
ganitong mga kaso na umiiral sa kasalukuyan ay hindi
ba magaganap kapag naipasa natin ang Autonomous
Region?
REP. RODRIGUEZ (R.). Mme. Speaker, precisely,
it is very clear in the Constitution what are the rights
of our workers. It is also very clear in the Labor Code
and likewise in the issuances of the ILO, and we would
expect that once we have this Bangsamoro Autonomous
Region, they would be able to implement this. While
we are not able to implement nationally, who knows,
Mme. Speaker, that the leaders of the Bangsamoro
government will have a more proactive stand on
security of tenure? That is why since clearly, we have
restated the principles in the Constitution, the Labor
Code and the ILO in the Bangsamoro Basic Law for the
Autonomous Region, then I can see that it is possible
that we start with a real ban on contractualization and
a real start on the security of tenure in the Bangsamoro
Autonomous Region. That is very, very possible, Mme.
Speaker.
REP. HICAP. Pero, G. Sponsor, Mme. Speaker,
wala pong provision dito iyong mga nabanggit na
pagtitiyak ng security of tenure sa ating panukalang
batas. Ang nabanggit lamang dito ay rights of workers
to security of tenure pero iyong mga nabanggit natin na
kailangan pang higit na magtitiyak na hindi mangyayari
ang umiiral na pagsasamantala sa lakas-paggawa at
inhustisya sa ating mga manggagawa sa ating bansa, in
particular sa mga mamamayan sa Bangsamoro ay hindi
na mangyayari. Kaya maaari ba, G. Sponsor, Mme.
Speaker, sa panahon ng amendment ay mailagay natin
ang katiyakan sa karapatan ng mga manggagawang
mamamayan, sa mamamayang Bangsamoro, ang mga
karapatang nabanggit po ninyo, G. Sponsor?
16 TUESDAY, AUGUST 11, 2015
REP. RODRIGUEZ (R.). Mme. Speaker, on the
contrary, it is very clear that Section 9 provides for
the right of workers to security of tenure. If that is not
enough, the last paragraph of Section 9 provides that
“The Bangsamoro Parliament may pass labor laws that
will expand, improve upon or enhance the rights stated
herein.” That is why we are giving a chance to the
Bangsamoro parliament to give more rights. They can
pass a law that clearly would prohibit contractualization.
That is very, very possible. We have filed it in Congress,
there has been no approval yet, but the Bangsamoro
parliament may be able to have those particular bills
and they are practically being encouraged by the last
paragraph of Section 9, Mme. Speaker, distinguished
colleague.
REP. HICAP. Kung sakali, G. Sponsor, Mme.
Speaker, na maipasa at magkaroon o maitatag na ang
Autonomous Region ng Bangsamoro, iyong mga
paglabag sa mga karapatan ng mga manggagawa sa
ating bansa na umiiral ngayon ay hindi na magaganap?
Halimbawa po diyan, iyong nag-o-organisa pa lamang
ng unyon ng mga manggagawa, tinatanggal na kaagad
sila sa kanilang paggawa at hindi binibigyan ng mga
benepisyo. Ang masama pa diyan, pinapaslang mismo
ang mga lider na kung saan ay nag-o-organisa para
palakasin ang unyon sa mga pagawaan. Hindi na po
ito iiral doon sa Bangsamoro Basic Law kapag naipasa
ito, G. Sponsor?
REP. RODRIGUEZ (R.). Mme. Speaker, yes, the
regularity of functions and the expectation that the
Bangsamoro government will uphold all the provisions
of the Bangsamoro Basic Law for the Bangsamoro
Autonomous Region will have to be there, and we have
to therefore expect that the Bangsamoro government will
be able to implement each and every provision of this
Bill which likewise mentions the requirements under
the Constitution, the Labor Code and the International
Labor Organization. Yes, we will expect them to be able
to implement the provisions of this law.
REP. HICAP. Ang isa pang dagdag diyan na umiiral
ngayon at malala na ginagamit, halimbawa, hindi na
ba iiral ito, iyong assumption of jurisdiction sa labor
dispute na ginagamit sa mga nag-u-unyon na mga
manggagawa para wasakin? Ang isang halimbawa po
rito, G. Sponsor, Mme. Speaker, iyong nangyari po sa
Hacienda Luisita massacre noong November 16, 2004
kung saan pitong mga manggagawang magsasaka ang
napaslang dahil sa kanilang paggigiit na mataasan iyong
kanilang sahod at magkaroon ng dagdag na trabaho sa
araw-araw, kasi sa panahon na iyon ay P9.50 na lamang
ang kanilang take-home pay. Pero sa panahon ng welga
ay ginamit ng Department of Labor ang assumption
of jurisdiction na siyang dahilan noong naganap na
madugo at marahas na masaker. Ito po ay hindi na
magaganap o hindi magpapatupad ang mamamayan o
ang Bangsamoro Autonomous Region.
REP. RODRIGUEZ (R.). Mme. Speaker, the issue
of assumption of jurisdiction by the Secretary of Labor,
I have known that problem while still a law student
in the University of the Philippines. Precisely, we
therefore would expect that the Bangsamoro parliament
would be able to pass legislation that will be able to
benefit, expand, improve upon and enhance the rights
of workers. I am sure that the ANAKPAWIS will have
members of their party in the Autonomous Region who
would be able to help elect members of parliament who
have the rights of labor in their hearts. So that for the
experiences that we had, like assumption of jurisdiction,
contractualization, the legislation can be passed by
the Bangsamoro parliament to assure the rights of our
workers that the cases they have would properly be
determined without hindering the rights of the workers
to strike, for example.
REP. HICAP. Kaugnay po diyan, halimabawa, sa
nagyon, nabanggit ko na kanina ang mga economic
zones, dahil economic zone, hindi ba mayroong batas
na umiiral, iyong Special Economic Zone, iyong Article
XII, National Economy and Patrimony, sa bahaging
Trade and Industry, sa Section 25, Economic Zones,
Industrial Estates and Free Ports, na ipinagbabawal ang
mag-unyon at mag-strike ang mga manggagawa. Hindi
ito iiral doon sa Bangsamoro Autonomous Region?
REP. RODRIGUEZ (R.). We have to give that, Mme.
Speaker, to the Bangsamoro parliament because they
are the ones who would know the workers themselves,
their culture and tradition, the needs to support the
workers there, and I would expect that the Bangsamoro
parliament will take the interest of the workers in these
areas. While it is true that there will be economic zones
and they are so allowed, then, probably the Bangsamoro
parliament will be able to have a different ruling as far
as the system that we have here.
REP. HICAP. G. Sponsor, Mme. Speaker, bilang
panghuli po, hindi na po ito tanong kung hindi
conclusion sa panukalang batas ng Kinatawang ito at
manifestation na rin. Babasahin ko po ang pag-aaral
at pagsusuri at paninindigan ng Kinatawang ito at ng
ANAKPAWIS Party-List kaugnay dito sa Bangsamoro
Autonomous Region, itong ating panukalang batas na
Bangsamoro Basic Law.
G. Sponsor, Mme. Speaker, sa pagpapasada
sa BBL o sa kasalukuyang substitute Bill na Basic
Law for the Bangsamoro Autonomous Region, ang
inaasahan ng ANAKPAWIS ay matugunan nang
kongkreto, mapagpasiyang maresolba ang palagi
TUESDAY, AUGUST 11, 2015 17
nang binabanggit na inhustisyang matagal nang
kinakaharap ng mamamayang Moro, lalo na ang
Morong anakpawis.
Walang itinakdang balangkas ang BBL kaugnay
sa isang pinakamahalagang hakbang sa pagkakamit ng
hustisya, ng panlipunang hustisya,. Ito ay ang tunay na
repormang agraryo, ang pamamahagi ng lupa sa mga
magsasaka sa Bangsamoro. Wala po nito ang BBL. Wala
ring depenidong mga probisyon kung paano tutugunan
ang pag-aangat sa kabuhayan at paggalang sa karapatan
ng mga manggagawa sa Bangsamoro at sa pagsusulong
ng tunay at independyenteng industriyalisasyon.
Hindi tunay na awtonomiya ang iginagawad sa
Bangsamoro kundi awtonomiya sa salita lamang gaya
ng napatunayan na rin sa ARMM. Sa gayon, hindi
matutupad sa pamamagitan ng BBL ang hangarin
ng Bangsamoro para sa pagpapasiya sa sarili kundi
magiging kasangkapan na nga lamang ang batas na ito
kung paano titiyakin ng pambansang pamahalaan, ng
mga malaking panginoong maylupa at mga komprador
at ng dayuhang negosyo at kapangyarihan na patuloy
na maipagkakait sa Bangsamoro ang pakinabang ng
kanyang likas- yaman.
Sadyang hindi pinuputol ng BBL ang ugat ng
kahirapan, ang pang-aapi at pagsasamantala sa
Mindanao. Hindi nito nireresolba kung gayon ang
batayang mga suliranin na siyang sanhi ng armadong
at pangmatagalang paglaban ng mamamayan ng
Bangsamoro.
Iyon lamang po. Muli, magandang hapon at
maraming salamat sa G. Sponsor, Mme. Speaker, at sa
lahat ng kapwa ko Mambabatas. Magandang hapon po
sa ating lahat.
THE DEPUTY SPEAKER (Rep. Abad). The Dep.
Majority Leader is recognized.
REP. DEFENSOR. Mme. Speaker, next to
interpellate, may we recognize the Gentleman from
ANAKPAWIS, the Hon. Fernando “Ka Pando” L.
Hicap.
THE DEPUTY SPEAKER (Rep . A b ad ) .
Congressman Hicap has finished his interpellation,
Dep. Majority Leader.
REP. DEFENSOR. I am sorry, Mme. Speaker.
Allow me to withdraw that motion. Next to interpellate
is the Gentleman from COOP-NATCCO, the Hon.
Cresente C. Paez.
THE DEPUTY SPEAKER (Rep. Abad). The Hon.
Cris Paez is recognized.
REP. RODRIGUEZ (R.). Mme. Speaker, I just
would like to thank the honorable Representative from
ANAKPAWIS for, really, very profound questions and
his opinion that the agrarian reform should really be
strengthened here in this particular Bill and the other
points that he has on the rights of workers. He took the
cudgels for the farmers, fisherfolk and labor. Certainly,
in the period of amendments, we should be able to
therefore consider his position and his proposals. So we
thank the honorable Representative from ANAKPAWIS,
the Hon. Fernando “Ka Pando” L. Hicap.
THE DEPUTY SPEAKER (Rep. Abad). Duly
noted.
REP. ATIENZA. Mme. Speaker.
THE DEPUTY SPEAKER (Rep. Abad). Rep. Cris
Paez is recognized for his interpellation.
REP. ATIENZA. Mme. Speaker.
THE DEPUTY SPEAKER (Rep. Abad). What is
the pleasure of the Gentleman?
REP. ATIENZA. We still would like to work.
We would like to participate in the deliberations but
obviously, we do not have the numbers anymore on
the floor. In fact, the airconditioning is becoming so
cold because there are only a few of us here now. I am
questioning the quorum.
SUSPENSION OF SESSION
THE DEPUTY SPEAKER (Rep. Abad). The
session is suspended.
It was 6:37 p.m.
RESUMPTION OF SESSION
At 6:40 p.m., the session was resumed.
THE DEPUTY SPEAKER (Rep. Abad). The
session is resumed.
Cong. Cris Paez from the Party-List COOP-
NATCCO is recognized for his interpellation.
REP. PAEZ. Maraming salamat, Mme. Speaker.
I consider this a special privilege, Mme. Speaker, that
I would like to raise questions about the Bangsamoro,
but this has reference to the sector that I represent.
Therefore, I would like to ask the distinguished Sponsor
from Cagayan de Oro if he is willing to yield to some
of my clarificatory questions, Mme. Speaker.
REP. RODRIGUEZ (R.). Mme. Speaker, very
gladly, to the Gentleman from COOP-NATCCO, the
18 TUESDAY, AUGUST 11, 2015
Hon. Cris Paez, the champion of cooperatives who
should be in the Senate to represent 12 million members
of the cooperative movement.
REP. PAEZ. Thank you for that, Mme. Speaker,
Mr. Sponsor, it is really—I am delighted about that
statement. Distinguished Sponsor, as you know, there
are 24,000 cooperatives in this country and these
involve 13 million people.
REP. RODRIGUEZ (R.). I stand corrected, not 12
million but 13 million.
REP. PAEZ. Thirteen million people.
REP. RODRIGUEZ (R.). Yes.
REP. PAEZ. And it keeps growing, Mme.
Speaker.
REP. RODRIGUEZ (R.). And growing strong,
Mme. Speaker.
REP. PAEZ. Yes, yes. Particularly, in the Bangsamoro
area as proposed in this BBL, according to the report I
received, there are about 4,700 cooperatives.
REP. RODRIGUEZ (R.). That is also a very big
number in the Bangsamoro Autonomous Region,
4,700.
REP. PAEZ. For the information of the Sponsor,
I had the privilege and opportunity to visit Cotabato
City a month ago, and I had a very special gathering
and meeting with the cooperatives in Cotabato City,
representing about 4,500 cooperatives. In that gathering,
there were about close to 1,000 cooperative leaders,
Mme. Speaker, and the concern raised by them was,
considering the fact that or if the BBL will be enacted
into law, these cooperatives will then be governed
by that particular government. Is that correct, Mr.
Sponsor?
REP. RODRIGUEZ (R.). Yes, that is correct. Once
we have a Bangsamoro Basic Law for the Bangsamoro
Autonomous Region, then there will be a ministry that
will be able to regulate the laws that will be passed by
the Bangsamoro Parliament on cooperativism in the
Bangsamoro Autonomous Region.
REP. PAEZ. It is in that particular response from
the distinguished Sponsor that I would like to raise a
concern. Under Article V, Powers of Government, under
Section 4, Other Exclusive Powers, letter (h), line 23
states, Mme. Speaker, and I quote, “To establish and
operate pioneering public utilities”—public utilities
referring to water service, power distribution—“in the
interest of regional welfare and security. Upon payment
of just compensation, it may cause the transfer of the
ownership of such utilities to cooperatives or other
collective organizations.”
I welcome this provision because this will
empower the people in the control of public utilities
such as transport, water, electric distribution and even
generation, Mme. Speaker, distinguished Sponsor.
Under the same section, line 27, letter (i), I
quote: “To support and encourage the building up
of entrepreneurial capability in the Bangsamoro
Autonomous Region and to recognize, promote and
protect cooperatives.” I would like to underscore the
word “protect” because this is not provided for in the
existing Cooperative Code of the Philippines. I would
like to ask a clarificatory question along this line as to
how this particular phrase has been crafted emphasizing
the words “protect cooperatives”?
REP. RODRIGUEZ (R.). Mme. Speaker,
distinguished colleague, Section 23 of this Bill on
Trade and Industry states that ”It shall encourage and
support the building up of entrepreneurial capability
in the Bangsamoro and shall recognize, promote, and,
protect cooperatives.” Precisely, one of the biggest
issues now in the cooperative movement is the issue
of taxation being imposed on cooperatives when they
are really exempted by law.
That is why we would expect the Bangsamoro
government not only to promote the cooperatives in the
Bangsamoro area but to protect them from the violation
of executives in the Executive Department, violations
of the law itself. That is why within the confines of the
Bangsamoro Autonomous Region, the Bangsamoro
government headed by the Chief Minister and the
Ministry of Trade and Industry, because we have placed
cooperatives under trade and industry, this Bangsamoro
parliament should be able to lay out what should be the
measures that can protect cooperatives.
Therefore, COOP-NATCCO is very, very important.
It has already made consultations and when the elections
for the Bangsamoro parliament come, then we should
have members of parliament of the Bangsamoro who
would know the present situation as far as cooperatives
are concerned so that they may be able to legislate
measures not only to promote but to likewise protect
cooperatives because that is the way to go in our country
and also in the Bangsamoro Autonomous Region.
REP. PAEZ. With that explanation, though I
understand that, for instance, in the case of electric
cooperatives, and if there will be an initiative, for
instance, to privatize this particular cooperative into a
company, will this particular provision, line 27, provide
a protective cover for a particular initiative? Just in
TUESDAY, AUGUST 11, 2015 19
case there is strong pressure for the cooperative to be
converted into a company, for instance, a distribution
company, will this stand?
REP. RODRIGUEZ (R.). Mme. Speaker, yes.
When there is an attempt to destroy and lessen or to
decrease the capability of cooperatives to grow and to
be strong, Section 23 will arise as not only a letter but
as a protective mantle to make sure that cooperativism,
cooperatives such as electric cooperatives should
continue and should be fully protected. In fact, it should
be the private companies that should now be made into
cooperatives, not the other way around.
So, we assure the honorable Gentleman from
COOP-NATCCO that the very word used is “shall.”
This is not “may,” which is just directory; this is “shall,”
mandatory. Therefore, when the law under statutory
construction provides for the word “shall,” then this
cannot be violated by the Bangsamoro parliament
because they are mandated that they “shall recognize,
promote and protect cooperatives.” Thus, by any stretch
of the imagination, we cannot imagine that turning
cooperatives into private companies will promote
cooperativism; it kills cooperativism. Therefore, the
Gentleman is right that this particular Section 23 will
be the shield and the armor of our cooperatives in
Cotabato and the rest of the Bangsamoro to be able to
defeat any measure that will weaken cooperativism in
the Bangsamoro Autonomous Region.
REP. PAEZ. Nagustuhan ko iyong explanation
niya sa atin, Mr. Sponsor, Mme. Speaker. As a matter
of fact, I salute iyong kanyang adbokasiya. As a matter
of fact, this particular provision of the proposed BBL
would provide the necessary protection for whatever
encroachment that would happen, especially if there is
strong pressure coming from the private sector to convert
electric cooperatives into private companies. Maraming
salamat for that particular statement, Mme. Speaker.
What about the Agus-Pulangi Hydroelectric facility,
my distinguished Sponsor, is that within the jurisdiction
of the BBL?
REP. RODRIGUEZ (R.). Before I answer that,
let me just also make sure that the Representative of
the cooperative movement also knows that aside from
the article on Trade and Industry, Section 23, there is
exclusive power also under another article, in Section 4,
paragraph (e). This is also a provision for the exclusive
power of the Bangsamoro—I will read it again here,
Section 4, Other Exclusive Powers: “e. To adopt and
implement the comprehensive urban land reform xxx,”
and this is paragraph (i): “To support and encourage
the building up of entrepreneurial capability in the
Bangsamoro Autonomous Region and to recognize,
promote and protect, cooperatives.”
You have two, not only one basic armor but two
to protect the issue of the Agus-Pulangi System.
The Pulangi River and the Pulangi Nationa, or the
Pulangi Hydroelectric Power Plant is outside of the
Bangsamoro.
So, let us talk about the Agus River where we have
Agus 1 to 6, and it very clearly states there that in the
protection of the Lake Lanao, the responsibility of
protection is with the Bangsamoro. All possible sources
of energy that would spring from the Bangsamoro is
now a reserved power of the State being a strategic
resource, like this river. Under our Bill, when the source
of energy is only used in the Bangsamoro, it is governed
by the Bangsamoro government but if it goes out of the
Bangsamoro and serves the Mindanao Grid, like the
Agus River which feeds into Agus I to 6 which are used
in the entire Mindanao Grid, then this is subject to what
we call “intergovernmental relations.” The rates and
how it is operated will be governed by the Bangsamoro
government, the Department of Energy and the Energy
Regulatory Board.
REP. PAEZ. Mme. Speaker, is it not part of the
EPIRA that in fact this Agus-Pulangi facility will be
privatized in the next 10 years? As a matter of fact,
10 years have already elapsed and therefore it is now
the time to consider the possibility of privatizing that
particular facility. Given that intention of EPIRA, to
what extent does the Bangsamoro—I am referring to the
parliament—have the power over that particular EPIRA
since it is already a law and here we are giving exclusive
power to the parliament? Will that also include control
of that particular facility, Mme. Speaker?
REP. RODRIGUEZ (R.). As already stated, when the
source produces energy that goes out of the Bangsamoro
Region, it is now governed by intergovernmental
relations, meaning the Bangsamoro and the national
government. Therefore, it is not under the absolute
control of the Bangsamoro; it has no absolute control
on the energy produced by Lake Lanao. In fact, we
Mindanao Congressmen are against the privatization
of the Agus-Pulangi Hydropower Complex. We have
now a bill, which I am a coauthor of, that will give this
to our people, to a corporation which is government-
controlled, the Mindanao Power Corporation which will
run this instead of selling this to the private sector.
REP. PAEZ. Which means that, if there is a
move on the part of the cooperative sector in the
Bangsamoro area to have this managed and owned
by the cooperatives, will that be possible through the
powers of the parliament?
REP. RODRIGUEZ (R.). Since it goes out of
the Bangsamoro, the powers of the parliament are
20 TUESDAY, AUGUST 11, 2015
limited because they have to have consultation and
what you called “intergovernmental mechanism”
will come in. Therefore, the best thing to do there is,
both the cooperatives of Mindanao together with the
cooperatives of the Bangsamoro should join hands to be
able to bid to become the operators of the Agus-Pulangi
Hydropower Complex.
REP. PAEZ. Yes, thank you for that. Let me go to
the next point. Given this particular provision on the
exclusive power of the parliament—I would like to
focus on the power to legislate or pass laws concerning
registration, regulation and supervision of cooperatives
given exclusive power of the Bangsamoro government
as provided for in Section 4 of the proposed BBL— will
that still be their exclusive power to register?
REP. RODRIGUEZ (R.). Yes, because we now
have given or we are devolving powers to a regional
government, and registration of the cooperatives there
will have to be under the body that will be organized by
the Bangsamoro parliament and the Ministry, probably,
of Trade and Industry, wherever the cooperative sector
shall be regulated.
REP. PAEZ. I might have difficulty to accept that
particular explanation because it is provided in the
Constitution, Article XII under National Economy and
Patrimony that, and may I quote, Mme. Speaker: “The
Congress shall create an agency to promote the viability
and growth of cooperatives as instruments for social
justice and economic development.”
This refers to an agency passed by Congress
and in this case, Mme. Speaker, it is the Cooperative
Development Authority that is the sole agency to
regulate cooperatives wherever they are, in any part
of the Philippine Archipelago, it does not matter. It
is, in fact, under the mandate of the Constitution and
therefore, this is a constitutional issue insofar as this
Representation is concerned, Mme. Speaker.
REP. RODRIGUEZ (R.). Mme. Speaker, that
is a very good point of our distinguished colleague
from COOP-NATCCO. Can the Gentleman repeat the
exact words of the Constitution on the Cooperative
Development Authority or cooperative agency.
REP. PAEZ. Particularly in Section 15, Article
XII under National Economy and Patrimony of the
Constitution, which provides, “The Congress”—this
is Congress, is it not?
It is not the Bangsamoro Parliament. To wit: “The
Congress shall create an agency to promote the viability
and growth of cooperatives as instruments for social
justice and economic development.” For this provision,
this Congress was able to pass a law creating that
agency, and it is now the Cooperative Development
Authority, Mme. Speaker, Your Honor.
REP. RODRIGUEZ (R.). Mme. Speaker, clearly,
the Constitution says that Congress can enact a law
that can create an agency to govern cooperatives.
Congress, like this Congress now, can determine that
cooperatives in the Bangsamoro will be given to the
Bangsamoro because there is no act of Congress that
cannot be repealed, that cannot be rescinded, that cannot
be amended. So, while there is a mandate, just like the
mandate of the Constitution to have an Autonomous
Region in Muslim Mindanao, which has been R.A.
No. 6734 and then amended by R.A. No. 9054; now,
we have this new Bill.
So, the Constitution has not created—unlike the
Ombudsman, unlike the Bangko Sentral ng Pilipinas,
unlike the constitutional commissions—a cooperative
agency. It only tasks Congress to create an agency.
Now, as Congress ourselves, we can amend the law
passed originally by Congress by stating that, precisely,
the cooperatives in the Bangsamoro Region will be
governed by the Bangsamoro Region. So, that is the
answer of this Representation to the query of the
honorable COOP-NATCCO Representative.
REP. PAEZ. So, Mme. Speaker, Your Honor, you
still maintain the fact that the Bangsamoro Parliament
can legislate cooperative laws for them to govern
whatever cooperatives that have a legal personality
after due registration in spite of the fact that we have
an existing law, Republic Act No. 9520, and you stated
that the Ombudsman is in a similar situation?
There is a danger. There might be certain abuse,
considering the fact that cooperativism is a global
concept, a global ideology that is being governed by
certain principles under the International Cooperative
Alliance which is officially acknowledged and
recognized by the United Nations. So, what kind
of mechanism would protect the cooperatives with
reference to its concept as governed by universal
principles, Mme. Speaker, Your Honor?
REP. RODRIGUEZ (R.). Mme. Speaker,
distinguished colleague, …
REP. ATIENZA. Mme. Speaker.
REP. RODRIGUEZ (R.). … precisely, …
REP. ATIENZA. Mme. Speaker.
REP. RODRIGUEZ (R.). Can I just finish because
I am just about to wind up.
TUESDAY, AUGUST 11, 2015 21

THE DEPUTYSPEAKER (Rep.Abad). Can we just …
REP. ATIENZA. This is now a genuine mockery of
our Rules. There are only 15 Members on the floor.
SUSPENSION OF SESSION
THE DEPUTY SPEAKER (Rep. Abad). The
session is suspended.
It was 7:03 p.m.
with the reservation that Cong. Cresente C. Paez will
continue with his interpellation when we resume the
consideration of this Bill again.
THE DEPUTY SPEAKER (Rep. Abad). Is there
any objection? (Silence) The Chair hears none; the
motion is approved.
REP. DEFENSOR. For that, Mme. Speaker, I
move that we formally close the Privilege Hour that
we opened earlier.

RESUMPTION OF SESSION THE DEPUTY SPEAKER (Rep. Abad). The

At 7:05 p.m., the session was resumed.
THE DEPUTY SPEAKER (Rep. Abad). The
session is resumed.
The session is adjourned until tomorrow...
The Dep. Majority Leader is recognized.
Privilege Hour is closed.
ADJOURNMENT OF SESSION
REP. DEFENSOR. I move that we adjourn
the session until tomorrow at four o’clock in the
afternoon.

SUSPENSION OF CONSIDERATION THE DEPUTY SPEAKER (Rep. Abad). The

OF H.B. NO. 5811 session is adjourned until tomorrow, August 12 at four
o’clock in the afternoon.
REP. DEFENSOR. Mme. Speaker, I move that
we suspend the consideration of House Bill No. 5811 It was 7:06 p.m.

Published by the Publication and Editorial Service, Plenary Affairs Bureau

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