REPUBLIC OF THE PHILIPPINES

Senate
Pasay City
Journal
SESSION NO. 40
Wednesday, December 7, 2011
FIFTEENTH CONGRESS
SECOND REGULAR SESSION
SESSION NO. 40
Wednesday, December 7, 2011
CALL TO ORDER
At 3 :32 p.m., the Senate President, Hon. Juan
Ponce Enrile, called the session to order.
PRAYER
Sen. Aquilino "Koko" Pimentel III led the prayer,
to wit:
Dear Lord, please bear with us, as once
again, we pray for Your blessings upon our
country and people.
Climate change is upon us, rains fall
torrentially, winds blow whichever way,
cold spells morph into hot spells seamlessly.
Even Tawi-Tawi, according to its congress-
man, is sinking slowly.
We know we are contributing to the
upsetting of the ecological balance of our
nation and of the world.
But please do not abandon us. Please help
our leaders and our people craft policies to
restore nature's way of preserving a humane
environment for our country and our people.
More than ever, Lord, we need Your
immediate guidance.
In Your hands, we place our individual
and national fate.
Amen.
ROLL CALL
Upon direction of the Chair, the Secretary of the
Senate, Atty. Emma Lirio-Reyes, called the roll, to
which the following senators responded:
Arroyo, J. P.
Cayetano, P. S.
Drilon, F. M.
Ejercito Estrada, J.
Enrile, J. P.
Escudero, F. J. G.
Guingona Ill, T. L.
Honasan, G. B.
Lacson, P. M.
Legarda, L.
Marcos Jr., F. R.
Pangilinan, F. N.
Pimentel Ill, A. L.
Revilla Jr., R. B.
Sotto Ill, V. C.
With 15 senators present, the Chair declared the
presence of a quorum.
Senators Lapid, Osmefia and Villar arrived after
the roll call.
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Senators Angara, Cayetano (A) and Defensor
Santiago (abroad) were on official mission.
Senators Recto and Trillanes were absent.
At this juncture, Senate President Enrile
relinquished the Chair to Senate President Pro
Tempore Ejercito Estrada.
APPROVAL OF THE JOURNAL
Upon motion of Senator Sotto, there being no
objection, the Body dispensed with the reading of the
Journal of Session No. 39 (December 6, 20 II) and
considered it approved.
REFERENCE OF BUSINESS
The Secretary of the Senate read the following
matters and the Chair made the corresponding
referrals:
MESSAGE FROM THE
HOUSE OF REPRESENTATIVES
Letter from the House of Representatives, informing
the Senate that on 29 November 20 I I, the
House of Representatives passed House Bill
No. 4185, entitled
AN ACT TO DEFINE THE MARITIME
ZONES OF THE REPUBLIC OF THE
PHILIPPINES,
in which it requested the concurrence of the
Senate.
To the Committee on Foreign Relations
BILL ON FIRST READING
Senate Bill No. 3082, entitled
AN ACT INCREASING THE SALARY
GRADE OF PUBLIC SCHOOL
TEACHERS FROM SALARY GRADE
10 TO 15 AND PROVIDING FUNDS
THEREFOR
Introduced by Senator Revilla Jr.
To the Committees on Education, Arts and
Cnlture; Civil Service and Government Reorganiz-
ation; and Finance
WEDNESDAY, DECEMBER 7, 2011
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the. session was
suspended.
It was 3:36 p.m.
RESUMPTION OF SESSION
At 3:37 p.m., the session was resumed.
SPECIAL ORDER
Upon motion of Senator Sotto, there being no
objection, the Body approved the transfer of
Committee Report No. 38 on Senate Bill No. 2842
from the Calendar for Ordinary Business to the
Calendar for Special Orders.
COMMITTEE REPORT NO. 38
ON SENATE BILL NO. 2842
Upon motion of Senator Satta, there being no
objection, the Body considered, on Second Reading,
Senate Bill No. 2842 (Committee Report No. 38),
entitled
AN ACT AMENDING CERTAIN PROVI-
SIONS OF REPUBLIC ACT NO.8293,
OTHERWISE KNOWN AS "THE
INTELLECTUAL PROPERTY CODE
OF THE PHILIPPINES", AND FOR
OTHER PURPOSES".
Pursuant to Section 67, Rule XXIII of the Rules
of the Senate, with the permission of the Body, upon
motion of Senator Sotto, only the title of the bill was
read without prejudice to the insertion of its full text
into the Record of the Senate.
Thereupon, the Chair recognized Senator Villar
for the sponsorship.
SPONSORSHIP SPEECH
OF SENATOR VILLAR
Senator Villar, Chairman of the Committee on
Trade and Commerce, presented to the Body Senate
Bill No. 2842 under Committee Report No. 38 which
seeks to amend Republic Act No. 8293 01' the
Intellectual Property Code of the Philippines, the law
that protects copyright, trademarks and patents.
He emphasized that for all intents and purposes,
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WEDNESDAY. DECEMBER 7, 2011
the law should be updated to make the country better
equipped to fight piracy, avert intellectual theft,
and protect copyrighted works in an era where
knowledge is a powerful tool.
Hereunder is the full text of Senator Villar's
sponsorship speech:
LET'S DO IT RIGHT
LET'S COPYRIGHT
May I preface this speech by saying that
Filipinos excel in various fields of human
endeavor that rely on copyrighted protection
such as in music and the performing arts,
literature, visual arts, specifically in painting,
sculpture and design, film and animation, and
even in software development. The general
idea is that copyright exists from the moment
of the creation of the work, which must be both
original and recorded in some tangible medium.
Although registration is required for trademarks
and patents, no formalities are needed in order
for copyright to exist.
These copyright-based industries or CBls
significantly affect our nation's economy.
According to a study commissioned by the
World Intellectual Property Organization (WI PO)
in the early 2000, CBls contribute almost 5% to
our gross domestic product. Further, data and
experience show that activities and enterprises
related to copyright are our competitive advan-
tage over our trading partners.
However, the Intellectual Property Office of
the Philippines (IPOPHL), in its intensive
information dissemination campaign on our
present copyright system, has identified three
major issues which needed addressing: first,
the need for continuing copyright education
programs; second, the collective management of
copyright; and third, the conduct of in-depth
studies to aid in the formulation of policies and/
or regulations on copyright.
May I cite a number of instances where the
issue of copyright is paramount. I am sure
everybody here is familiar with Freddie Aguilar's
classic song, "Anak". At one point or another,
we have heard this song being played over the
radio, and its lyrics - whether whole or in part-
we have probably committed to memory. But
Mr. Aguilar reportedly assigned all his rights to
a music publisher, who now earns royalties over
their exploitation by third parties. To cut the
story short, sometime in June 200 I, Freddie
Aguilar was arrested and charged for copyright
infringement for the song that he himself com-
posed and popularized. To this day, the case has
not been resolved and is pending in court.
Another example of neglect of I P rights of
our local artists involves national artist Levi
Celerio. A remarkable composer and even listed
in the prestigious Guinness Book of World
Records. Mr. Celerio wrote over 4.000 songs and
yet, despite the thousands of musical composi-
tions he wrote which should have earned millions
in royalties, he was impoverished when he died.
So bad is copyright piracy in the Philippines
that the International Intellectual Property
Alliance (IIPA), a private sector coalition of trade
associations in copyright-based industries in the
United States, recommends that the Philippines
and 12 other countries to be placed in the
Priority Watch List of the Office of the US Trade
Representative (USTR) 2011 Special 301 Report
on Intellectual Property Rights (lPR).
To be included in the USTR's Priority
Watch List means that countries "do not provide
an adequate level of IPR protection or enforce-
ment, or market access for persons relying on
intellectual property protection."
According to lIP A, "Copyright piracy
remains a significant barrier to legitimate trade in
copyright materials in the Philippines, causing
losses to all the industries. Piracy phenomena
abound, including growing P2P (peer-to-peer)
and other Internet-based piracy (and increasing
mobile piracy), software end-user piracy in busi-
nesses, illegal camcording of movies in theaters,
book and journal piracy, retail shop and mall
piracy, pay TV theft, and some remaining pirate
optical disc production being imported or
exported."
Although we deserve a pat on the back with
the passage of the Anti-Camcording Act of2009,
which prompted the removal of the Philippines
from the USTR's out-of-cycle review last year
and we remained in the more respectable lower-
level Watch List where we are since 2005, much
still needs to be done. Having said that, the
state of copyright enforcement, in general, is
weak and requires fine-tuning.
To address the issues brought to fore by
the copyright sectors, the following amendments
are being proposed in the bill:
I. The establishment of a Bureau of Copyright
At present, there is no entity performing the
more substantial function of policy formula-
tion, rule-making, adjudication, research and
education. These roles are envisioned to be
handled by the Bureau of Copyright. While a
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Copyright Division exists in the National Library,
its function is purely ministerial in nature, that is,
it is merely a depository of copyrighted works.
A bureau dedicated to serving the specific
requirements of our copyright-based industries
(books, music, film and media) and stakeholders
could give more focus and rally more resources
for these sectors.
2. The regulation of Collective Management
Organizations or CMOs
Essentially, CMOs are groups that enforce
the copyright of the copyright holders. Through
this mandate, IPOPHL will be able to monitor and
promote good corporate governance among
CMOs, benefitting not only the rights holders
themselves but also the users of copyrighted
works. Moreover, the public and our industries
will be better informed as regards the legality of
CMOs.
3. Special consideration for the visually impaired
This provision would expand the concept
of fair use by exempting the blind or visually-
impaired persons from securing permission
for the non-commercial reproduction of copy-
righted works for their use.
4. Expansion of what consfitutes copyright
infringement
The provisions on copyright infringement
have been refined to include contributory infringe-
ment, circumvention of technological measures
and rights management information as aggravat-
ing circumstances, and the option to collect
statutory damages instead of actual damages.
These proposed measures will not only strengthen
the rights of artists, authors and owners of copy-
righted material, but will also greatly help in the
prosecution of violations of the Copyright Law.
5. Compliance with WIPO Internet Treaties
Important provisions of the Copyright
Treaty and the Performances and Phonograms
Treaty of the WIPO, to which the Philippines is
both signatory, will be considered, such as the
protection of technological measures and rights
management information to provide protection
for copyrighted works disseminated through the
Internet.
We must act now to respond to the on-
slaught of criminal activity happening under our
noses, at the expense of our brilliant and creative
human resources. We owe it to our artists,
composers, writers, designers, programmers,
scientists, animators and Filipino professionals
to protect their body of work against copyright
infringement. It is high time that we genuinely
WEDNESDAY, DECEMBER 7, 2011
adhered to the international principle of fair use
to limit the use of copyrighted material without
acquiring permission from owners.
In view of the foregoing, I humbly submit
to the wisdom of the Members of this Chamber
the deliberation and consequent approval of
Senate Bill No. 2842 under Committee Report
No. 38, on the proposed amendments to our
Intellectual Property Code.
MANIFESTATION OF SENATOR SOTTO
Senator Sotto expressed his intention to be a
coauthor of the measure particularly as he was also
a victim of exploitation by local publishing companies.
Asked by the Chair how he was exploited,
Senator Sotto replied that he was charged for using
the songs that he himself composed. He lauded the
measure proposed by Senator V illar as he has been
finding ways to get back his compositions.
ACKNOWLEDGMENT
OF THE PRESENCE OF GUESTS
At this juncture, Senator Sotto acknowledged the
presence in the gallery of the following guests:
• Faculty, staff and students of D-SHEP
Foundation Academy of Sta. Lucia II,
Sablayan, Occidental Mindoro;
Barangay officials of the Municipality of
Abuyog, Leyte headed by Hon. Francis
Raymund; and,
• Dawn Lirio Tawasil and Majid Karshenas
of Iran.
Senate President Pro Tempore Ejercito Estrada
welcomed the guests to the Senate.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2842
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
SPECIAL ORDER
Upon motion of Senator Sotto, there being no
objection, the Body approved the transfer of
Committee Report No. 84 on Senate Bill No. 3071
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WEDNESDAY. DECEMBER 7. 2011
from the Calendar for OrdinalY Business to the
Calendar for Special Orders.
COMMITTEE REPORT NO, 84
ON SENATE BILL NO. 3071
Upon motion of Senator Satta, there being no
objection, the Body considered, on Second Reading,
Senate Bill No. 3071 (Committee Report No. 84),
entitled
AN ACT PROMOTING COMPETITIVE
FILIPINO DESIGN, PROVIDING
FOR THE PURPOSE A NATIONAL
DESIGN POLICY AND RE-ENGI-
NEERING AND RENAMING THE
PRODUCT DEVELOPMENT AND
DESIGN CENTER OF THE PHILIP-
PINES (PDDCP) INTO THE DESIGN
CENTER OF THE PHILIPPINES AND
FOR OTHER PURPOSES.
Pursuant to Section 67, Rule XXIII of the Rules
of the Senate, with the permission of the Body, upon
motion of Senator Sotto, only the title of the bill was
read without prejudice to the insertion of its full text
into the Record of the Senate.
The Chair recognized Senator Villar for the
sponsorship.
SPONSORSHIP REMARKS
OF SENATOR VILLAR
Senator Villar said that as chairman of the
Committee on Trade and Commerce, it was his
distinct privilege to sponsor Senate Bill No. 3071 or
the Philippine Design Competitiveness Act of2011,
under Committee Repolt No. 84. He stated that the
proposed legislation, in substitution of Senate Bill
No. 1064, filed by this Representation, and Senate
Bill No. 2930, by Senator Teofisto 'TG" Guingona,
seeks to institutionalize a national design policy frame-
work to allow our country to move forward in terms
of design initiatives, innovations and competitiveness.
The full text of Senator Villar's sponsorship
speech follows:
Allow me to premise my speech by saying
that the Philippines is a rich breeding ground of
creative talents. Creativity is a unique gift of
every Filipino. It is our asset, our national pride.
We can transform a simple doormat into an
elegant bag, make a tambourine out of flattened
tansans, produce works of art out of garbage,
and even build classrooms using discarded
plastic water bottles.
Design, which stems from our innate
creative ability, has allowed many of our fellow
kababayan to excel in various fields abroad.
In the fashion circles, Monique Lhuillier, Oliver
Tolentino and Robin Tomas. In furniture design,
we have Kenneth Cobonpue; Brian Tenorio for
shoes; Rafe Totengco, Amina Aranaz-Alunan
for hardbags, to name a few. Filipino designers
abound in the country just as well - the likes
of Jose "Pitoy" Moreno, Rene Salud, Rajo
Laurel, Inno Sotto are heavyweights in the local
fashion industry. We have talented jewelry
designers like Cherrie Marie Ipapo and Knoi
Esmane who got the Gold and Silver awards,
respectively, at the 8'h International South Sea
Pearl Jewelry Design Competition in Hong Kong
this year. My committee, in partnership with the
Product Development and Design Center of the
Philippines (PDDCP), Center for International
Trade Expositions and Mission (CITEM) and the
Intellectual Property Omce (lPO), has mounted
a 4-day exhibit, entitled "Philippine Design in
Retrospect" to showcase the amazing talent and
creativity of our other Filipino designers, both
luminaries and up-and-coming in their respective
fields. I invite everyone to visit the exhibit just
outside, and feast your eyes on the works of our
other designers as Budji Layug, Riza Bulawan,
Daniel Latorre Cruz, Tony Gonzales, Ann
Pamintuan, Tes Pasola and Rowe Requejo. The
list of award-winning world-class talents is end-
less, as are the multitude of Filipino craftsmen and
builders whose innate creativity are showcased
year after year in local and international trade
fairs and expositions. Suffice it to say, it cannot
be denied that we are a highly creative race.
But where is the Philippines in the Global
Design Roadmap? All over the place, it seems.
Despite the abundance of creative talents in
the country, we are trailing behind our Asian
neighbors. To add insult to injury, many of our
homegrown talents are being pirated by other
countries such as China, Singapore, Malaysia
and Indonesia. This puts a strain on our creative
manpower, thereby weakening our competitive
edge in the global market.
Perhaps the global image and state of the
Philippine design industry can be best demons-
trated during a recent international event. During
the recently concluded International Design
Alliance in Taipei, Taiwan last October, spon-
sored by the international Council of Societies of
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Industrial Design, International Council of
Graphic-Design Association, and International
Federation of Interior Architects/Designers,
where over 130 industry leaders from 21 coun-
tries and more than 3,000 designers from multiple
disciples converged, none of our Filipino
designers were invited.
What we hope to accomplish through this
bill is a focused, strategic, integrated and
cohesive master plan, for our design industries
to thrive efficiently.
Design as a tool to accelerate economic
development and social progress is a concept
pioneered by the United Kingdom, Denmark and
Finland. In Asia, it has been embraced by
Singapore, Thailand, Hong Kong and South
Korea. We cannot stand idle for another minute
while these countries have pushed their national
design efforts into high gear.
The passage of this bill put in place an
enabling environment that will allow the various
sectors of the design industry to increase
productivity, enhance visibility in the global
market, boost competitiveness and improve the
level of innovation of our creative people. With
the rebirth of the Product Development and
Design Center of the Philippines into the Design
Center of Philippines, comes this renewed
commitment not only to promote and develop
our local design industry, but also to create that
awareness in people that design fosters
innovation and sustainability, and strengthens
local business and society.
The bill also highlights the need to institu-
tionalize the intellectual property (IP) protection
in the field of design for Filipino creative
designers and manufacturers. The presence of a
comprehensive and strong implementation of IP
protection is one of the factors considered by
both local and foreign investors in establishing
start-up companies that could increase the level
of innovation in the country.
Another important component of this bill is
the promotion of design education at all levels
throughout the country to instill the importance
and appreciation of Filipino culture in design.
Design education is envisioned to infuse the
values of discipline, productivity and innovation
among the youth, industry leaders, design
practitioners and professionals, and the academe.
This legislation is a step in the right direc-
tion, where collaborations and networking among
the government, private sector and design
stakeholders, both locally and internationally,
will be enhanced and strengthened. Let us uplift
WEDNESDAY, DECEMBER 7, 2011
the state of our Philippine design industry by
establishing a design-led economy where we
may generate jobs and livelihood for our people,
maintain our competitive edge in the global
market, and echo our collective pride in our
culture and heritage.
Finally, let us revitalize our local design
industry to leverage on the creative power of
the Filipino people.
COSPONSORSHIP SPEECH
OF SENATOR GUINGONA
In cosponsoring Senate Bill No. 3071, Senator
Guingona delivered the following speech:
It is said that the hand of the Filipino is one
of the most skilled, the most gifted in the world.
Ang kamay dow ng Pilipino ang isa sa
pinakamagaling sa buong munda.
Palogay ko, ang modalas no tinutukay nila
ay ang kamay ni Sarangani Congressman
Manny Pacqu;ao - ang kamay ... ang kamaa na
nagpapahirap, nagpapatumba at nagpapatulog
ng kalaban so boxing ring.
But the giftedness of the hand of the
Filipino is not limited to its ability to stop his foe
with a knock-out punch. It goes beyond that -
beyond that and into the limitless realm of the
imagination, of innovation and creativity.
After all, the hand of the Filipino is said to
be merely the tool for expression and an
extension of something more powerful - the
Filipino mind and the Filipino character. And,
judging the work of the Filipino hand, from a
Luna "Spo/iarium," to an Amorsolo mural, to a
Castrillo sculpture, to a million-peso Kenneth
Cobonpue-designed furniture, the only conclu-
sion one can make is what a beautiful mind and
character the Filipino has.
Today, I rise to pay tribute once more to the
skill, talent and giftedness of the Filipino.
But more than that, I rise to underscore
a missed opportunity: the opportunity for the
entire nation to benefit from shared and collec-
tive ingenuity of the community of Filipinos with
gifted hands - the design community.
And so today, I stand before you to ask
for your support for the passage of Senate Bill
No. 3071 otherwise known as the "Design
Competitiveness Act of the Philippines."
The proposed legislation aims to achieve an
important feat: to get the government and the
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WEDNESDAY, DECEMBER 7, 2011
Philippine design community together, In the
process, our country brings the concept of
Philippine design beyond the boundaries of
aesthetics, and allows it to play an important role
in social and economic development.
/yong iha ay nagtatanong siguro: Are
government and design not two entirely worlds
apart? Is it not best for both to leave each other
alone? Does design not merely refer to creating
material products or making things more beauti-
ful? If yes, how can it playa significant role in
economic development?
I believe it is vital to know that design has
come a long way in the past decade or so, and
has evolved to become more than just about
aesthetics,
Here is how the world looks at design today:
it is no," defined as the process of taking
creative ideas borne out of limited available
resources, and transforming them into tangible
products, services and systems that answer
actual user needs.
In other words, what design aims to do is to
provide concrete solutions to people's problems,
while working with limitations in resources
and situations, And is not that exactly what the
government also sets out to do - to find the
most efficient and effective solutions and ways
to respond to our people's needs?
Today, the term "Design" has evolved into
a new development paradigm - a discipline that
many nations now see as a driver of economic
growth, and a vital tool for shaping human
interactions and social systems, thus improving
their respective people's quality of life.
It is in this light that I am calling for the
passage of the Design Competitiveness Act of
the Philippines. Through this bill, we propose to
promote an economy and society driven by
design and creativity that is responsive to our
fast-changing times, and reflective orthe Filipino
culture and identity and, at the same time,
advocating the protection of intellectual property
rights to these ideas and innovations,
At the heart of this proposed law is the
reengineering and renaming of the present
Product Development and Design Center of the
Philippines (PDDCP) into an entity that shall be
called the Design Center of the Philippines.
The Design Center's main function will
be to formulate a National Design Policy, which
shall serve as an integrated, forward-thinking
and long-range strategy for design in the
Philippines.
For example, how can we use design to
establish a distinct brand, and to boost global
competitiveness of Filipino products and
services?
How can we employ design to build more
sustainable and livable cities and communities?
How can the government utilize design to com-
municate and disseminate our programs more
effectively to the end users, which are our
citizens?
These examples are issues that are national
in scope, and would therefore need a national
government-led design strategy,
If we aim to harness the full potential of
design as a tool for national growth and
development, then there must be a clear direction,
and a cohesive and comprehensive plan, to make
sure that the design community and all
stakeholders are working towards a common
vision.
To establish that shared vision, the Design
Center must catalyze a design culture in the
country - that is, a greater awareness and
appreciation of the value of design, Exhibitions
and conferences are part of this promotion of
design awareness, However, at the end of the
day, to create a genuine appreciation for design,
we need to integrate it into all aspects of our life
as a nation.
One thing is clear: It is not enough that we
develop capability to produce good design. No,
it is not enough. The government must help
establish linkages across all sectors in order to
create an environment that demands, and will
invest in good design, Here is an important
lesson: Design does not operate in a vacuum -
the design discipline, at its very core, is multi-
disciplinary and collaborative. The Design
Center shall therefore work similarly; it shall be
the central institution that brings together and
facilitates dynamic design collaboration between
designers and innovative leaders not just from
the creative industries, but also from the
business sector, the government, the academe,
and civil society.
Now, here perhaps is the most important
goal of this bill - to create in our nation a
passion for innovation.
Today, we live in a world of constant and
exponential change, where existing paradigms
and present technical knowledge from this year
easily becomes obsolete in the next year.
What this means is that our economy is
becoming increasingly ideas-driven, where a
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country's competitiveness no longer lies on
mere machinery or technology, but on the
constant generation of new ideas, and the ability
to continually innovate.
And what is this process that transforms
ideas into tangible innovation?
That process is called DESIGN.
In the past decades or so, the governments
of our Asian contemporaries have made their
move. In fact, the Korean equivalent of our
proposed Design Center, called the Korea
I nstitute for Design Promotion, was created way
back in 1970.
China, Singapore, Hong Kong, India,
Thailand and Malaysia have also created their
own national design strategies. This wakes us
up to one glaring fact: that governments are
being challenged to be more forward-looking, to
push creativity and innovation to stay globally
competitive. Let us not be a country that sits
and waits for the future to happen to them.
We can no longer deny that the world is
moving to a new rhythm. Will the Philippines be
able to move in harmony, or will we be the ones
moving with two left feet, scrambling to stay
relevant in this fast-changing world? Will we be
that country that just sits and waits for the
future to happen?
Innovation is about dreaming big, going Qut
there, and making it happen-and that, I believe,
is the heart of this bill.
This bill is the government saying that
Filipinos have what it takes to go above and
beyond beautiful and well-crafted souvenirs,
handicrafts and trinkets. This is the government
saying: Okay, we have mastered and excelled at
that level, now we are ready to compete on an
entirely different plane. This is the government
saying that the Filipinos can and should dream
bigger, go further, and create things the world
has never seen before.
After all, the Filipino hand, mind and
character are exceptionally gifted. All we have
to do is harness that gift.
To support this bill is to believe that
Filipinos can dream bigger.
To support this bill is to believe that
Filipinos can achieve the extraordinary.
Whether or not that faith in the Filipino
shall be enshrined in the Design Center of the
Philippines is now a decision that lies in your
hands.
WEDNESDA Y, DECEMBER 7, 2011
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 3071
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
COMMITTEE REPORT NO. 49
ON SENATE BILL NO. 2865
(Continuation)
Upon motion of Senator Sotto, there being no
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2865 (Committee Report
No. 49), entitled
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE
HEALTH AND POPULATION AND
DEVELOPMENT.
Senator Sotto stated that the parliamentary status
was still the period of interpellations.
Thereupon, the Chair recognized Senator
Cayetano (P), Sponsor of the measure, and Senator
Lacson for the continuation of his interpellation.
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the session was
suspended.
It was 4:15 p.m.
RESUMPTION OF SESSION
At 4: 15 p.m., the session was resumed.
INTERPELLATION OF SENATOR LACSON
(Continuation)
Preliminarily, Senator Lacson stated that as
coauthor of the bill, he cannot associate himself
with the frustrations of Senators Cayetano (P) and
Defensor Santiago over the long, protracted debates
on the RH bill because he believed that there are
still issues which need to be ventilated before the rest
of the senators can cast their votes to support or
reject the passage of the bill.
Senator Cayetano (P) replied that the frustration
was not so much that they are not more than happy
WEDNESDAY, DECEMBER 7,20 II
to debate it further but that they wanted those
concerned to take the floor to facilitate the discus-
sion on the bill,
Senator Lacson noted that the proponents of
the bill have not been discussing the other and the
. more important aspect of the bill which is population
management, pointing out that even Senate Bill
No. 2865, which substituted Senate Bill Nos. 2378
and 2678, did not mention population management.
Asked whether reproductive health is the only
objective of the bill, Senator Cayetano (P) replied
that her interest and passion lay on putting together
a bi II that would address issues on maternal and
reproductive health. She clarified that the title of the
measure included "population and development"
because it was contained in the bill filed by Senator
Defensor Santiago, the principal author of the
measure.
Further, Senator Cayetano (P) explained that she
even refused to call the bill a popUlation control
measure because there are no coercive provisions
in it, on Iy those on reproductive health information
and services, which shall help the couples to decide
on the size of their families. She noted that in other
countries, the choice is usually to lessen the number
of children. She added that during the committee
hearings, there were positions taken that reproductive
health should also help childless couples to have
children. She said that she has been consistent in her
response that maternal health cannot simply be
separated from the issue of popu lation, but she
stressed that it was never her intent to control
population.
Senator Lacson said that if it were a simple
reproductive health bill that deals with maternal
health, neonatal and child care, and nutrition, the bill
would not be very contentious and controversial,
Senator Cayetano (P) stated that she would be
happy to heal' suggestions on how the intent of the
bill can be further clarified.
Senator Lacson asked if the Philippines was
considered overpopulated based on the definition of
"overpopulation" as a condition where the number of
organisms exceeds the carrying capacity of its habitat.
Senator Cayetano (P) replied that the country has
one of the highest growth rates in Asia at 2.04%,
and based on many international studies it is over-
populated, a conclusion that she shares because she
767
has witnessed extreme poverty and the inability of
many families to care for and provide the most basic
needs of their children.
Asked if the bill is aimed at addressing over-
population in the country, Senator Cayetano (P)
replied that she would stand by her statement that
the basis of the bill is reproductive health care and
management of a family on a micro level, Nonetheless,
she stated that she would be more than happy to
accept Senator Lacson's input on the macro level.
She clarified that the bill is only focused on
reproductive health and the families' access to
information and services so that couples can plan
their family.
Senator Lacson pointed out that overpopulation is
attributed to increase in birth rates; decline in mortality
rates; and increase in migration from other places to
the Philippines. Senator Cayetano (P) added that
overpopulation would also be linked with the facilities
and the management of the resources that are
available in the country.
Senator Lacson pointed out that in order to
address the problem of overpopulation, the bill should
discuss the ideal population growth rate and how to
manage the popUlation growth rate of 2.04%.
As regards the ideal population growth rate to
address overpopulation five years hence, Senator
Cayetano (P) informed the Body that the present
Philippine replacement rate is 1.3%. At the national
level, she said, a 1.3% growth rate would mean that
the country would remain overpopulated because
it is seen from a bigger base while at a regional level,
the 1.3% growth rate is not obvious because there
are some areas where population is small. Even if
the replacement rate were to go down drastically,
she noted, it would take time to see the effect of a
declining population considering the size of the
Philippines.
Senator Lacson recalled that when he fi led the
first RH bill in 2005, he was aiming for a zero
population growth rate which, he believed, was
attainable if each couple were to limit their children
to two. He inquired on the ideal population growth
rate to stop it from going over.
At this juncture, Senate President Enrile
interjected that since the time of UN Director General
on Population, Rafael Salas, the UNDP has adopted
."pr
768
a 2.1 % fertility replacement level that all countries
recognize as a zero population growth rate.
Senator Lacson begged the indulgence of the
Body as he explained that he was merely bringing
out the consequences of overpopulation,
Senator Cayetano (P) stated that people need to
know that overpopulation is happening and it is
affecting the country's growth.
Senator Lacson noted that according to a study
using a medium variant, by the year 2050, the
Philippines would have a population of 141 million;
India, 1.6 billion; and China, 1.4 billion. However,
he pointed out that the projections were way off
because presently, India and China have populations
very near the projected numbers. He believed that
with the present growth rate, the Philippine population
would reach 300-400 million by 2050.
Senator Cayetano (P) informed the Body that
Prof. Ernesto Pernia of the UP School of Economics,
wrote in a paper that while South Korea, China and
Thailand have reached the 2.1 % fertility replacement
level, their populations continue to grow due to
demographic momentum. She said that even with a
replacement rate of 1.3%, the decline in population
growth would not be felt if the number of people of
reproductive age is getting bigger.
Asked if the country's problems are associated
with overpopulation, Senator Cayetano (P) replied in
the affirmative. She stated that slum areas speak for
themselves, citing the Baseco compound, for instance,
which is overpopulated; it lacks sanitary infrastruc-
ture, facilities, water supply, and natural resources;
it suffers from increased level of air, water and noise
pollution; and diseases spread easily because of
contamination. She said that on the social aspect,
big families live in a small space so incest and
rape occur. Moreover, she noted that whenever
catastrophes occur, relocated families overcrowd
the evacuation centers.
On the matter of popu lation management, Senator
Lacson believed that the RH bill is not only aimed at
addressing reproductive health and services but also
overpopulation. He inquired into the relationship of
population with the country's carrying capacity.
Responding thereto, Senator Cayetano (P) posited
that the country's carrying capacity is 100 million so
WEDNESDAY, DECEMBER 7, 20 II
that it can be said that it has reached its limit. She
added that with limited resources, government is
unable to provide for many people. To illustrate,
she pointed out that despite the belief that the
Philippines, a rice-producing country, is capable of
producing enough rice for Filipinos, it will never be
rice sufficient because unlike Thailand and other
Asean countries, it does not have much land suitable
for rice production. Population-wise, she said, the
country has reached its limit.
With respect to improving resources, more
specifically human resources that is the country's
main asset, Senator Cayetano (P) stated that the
government is not trained enough to manage other
resources, thus, the country has reached its carrying
capacity. She said that the simplest thing to do is to
equip families with the ability to manage their own,
asserting that managing on a micro level would
have a macro effect.
To Senator Lacson's assertion that human
resources is not part oftne country's carrying capacity
and that, in fact, human resources deplete it, Senator
Cayetano (P) agreed, but she argued nonetheless
that there is a window to maximize the finite resources
if there is specific training and education. She said
that exceeding the carrying capacity would result in
increased poverty and more families eating less than
three meals a day.
To the observation that there is a need to
address population management to check overpo-
pulation rather than concentrating on reproductive
health services, Senator Cayetano (P) cited the case
of India, pointing out that since the bigger segment of
its population is educated, its chance to have a better
life improves; however, the fact remains that it is still
one of the most overpopulated country and its poverty
level remains one of the highest. Definitely, she said,
she wanted to see an improved life for the Filipinos
but, she cautioned, without population management, a
huge number of them will be left in poverty.
Senator Lacson stated that India can afford to
have a population of one billion because it has
more land. He inquired if there is enough land in
the Philippine that can accommodate its growing
population.
At this juncture, Senate President Pro Tempore
Ejercito Estrada relinquished the Chair to Senator
Legarda.
WEDNESDAY, DECEMBER 7, 2011
Asked how much more resources India has,
Senator Cayetano (P) stated that India has a bigger
land space to accommodate its population and it is
giving more training and educational opportunities to
its people, She said that even if India were able to
improve its level of education, say 10% of its
population, that still leaves a huge number to reach,
Asked by Senator Lacson if she was aware that
condoms have pores, Senator Cayetano (P) replied that
there are three types of condoms: animal skin, latex
and polyurethane, But she pointed out that according
to a study by the National Institute of Health (NIH)
of the U,S, Public Health, "upon evaluation of latex
condoms using scanning electronic microscopy found
no holes even on magnification at times 2000,"
However, she acknowledged that there are other
studies which show how small the pores on condoms
are and what are transmissible through the pores,
Senator Lacson bared that the size of the pores
in condoms is five microns which is equivalent to
,00196 of an inch, He emphasized that what is
alarming is that the size of the HIV virus is 0, I
micron which is equivalent to four-millionth of an
inch, He explained that condoms may prevent
pregnancy but not on all occasions because there are
studies that show an I 104% to 22,3% failure rate in
pregnancy, He said that there can still be transmission
of the HIV virus even with the use of a condom
because 0, I micron will definitely pass through five
microns, He cautioned that should the use of condoms
be promoted, there might be an increase in HIV
incidence,
Responding to Senator Lacson's concerns, Senator
Cayetano (P) said that the statement about pores in
condoms the size of five microns is associated with
the report made by Dr. Michael Roland, editor of
Rubber Chemistry and Technology, a publication
of the American Chemical Society, However, she
clarified that the statement of Dr. Roland was based
on h is study of rubber gloves, not condoms, She
further said that according to the U,S, Public Health
Services, condoms are manufactured at a higher
standard than gloves, with condoms being dipped in
latex twice, and gloves only once; if just four out of
1,000 condoms failed the leak test, the whole batch
is rejected, as against the standard for gloves which
is 40 out of 1,000,
As regards the transmission of HIV, Senator
Cayetano (P) said that she has 14 pages of summaries
769
of numerous studies on the subject matter. She
enumerated some of the conclusions from said
studies, to wit:
• Canadian Journal of Human Sexuality - two
types of studies were conducted: the laboratory
study in which the condom's ability to provide a
barrier was tested; and the epidemiology study
which compares the rate of STI-HIV infection
between individuals and couples who used
condoms and those who do not; the study
concludes that both types of studies have clearly
indicated that the consistent use of latex
condoms significantly reduces the risk of STI
and HIV infection;
• United States Center for Disease Control and
Prevention - laboratory studies have demon-
strated that latex condoms provide an essential
and impermeable barrier to particles the size of
STD pathogens;
• U.S, National Institute of Health and WHO -
their scientific research found that intact con-
doms are impermeable to particles the size of
sexually transmitted disease pathogens, including
the smallest sexually transmitted virus,
Senator Cayetano (P) noted that even with these
studies, alarm bells were raised on the effectiveness
of the condoms, citing the Vatican's statement that
the AIDS virus is roughly 450 times smaller than
spermatozoan, thus, it can easily pass through the
net that is formed by the condom, She said that
the statement caused a panic as people doubted
the reliability of the condom, Shortly thereafter, she
narrated that the WHO condemned the Vatican's
statement, saying it was incorrect and dangerous,
especially in light of the global pandemic that had
already killed more than 20 million people and
currently affect 42 million people at least.
Senator Cayetano (P) stated that according to
the WHO, the consistent and correct use of condom
reduces the risk of HIV infection by 90%, She gave
assurance that she can submit to Senator Lacson
the summaries of the studies on the record but
argued that even looking at the science community
and all the medical devices and pharmaceutical
products it has created and made available, there is
no product that has 100% effectivity or which gives
100% protection, However, she believed that it would
be reckless to tell people not to use a condom when
they engage in sexual activity because all the studies
~ r
770
show that the consistent and correct use of a condom
has effectively reduced the incidence of HIV -AIDS
and other STis and there are no studies that show
otherwise. She said that precisely, the guidelines are
very careful as to the proper and regular use of
condoms and although admittedly there would be a
percentage of failure, information thereon should be
made very clear to every user.
Taking it from another view, Senator Lacson
opined that if one takes into consideration the mindset
of the person using the condom, it would be safer not
to use a condom at all. He explained that if the
person thinks he is safe using a condom, as studies
show it is, he tends to be careless.
For his part, Senator Lacson mentioned the
studies done by the Georgetown Medical University
and the National Institute of Health in Bethesda,
Maryland published in Nature, September I, 1988,
that showed latex gloves are made to much higher
specifications than condom. Since there were two or
more studies with contrasting results, he asked which
side Senator Cayetano (P) would take, one stating
that it is safe to use a condom but the percentage of
failure is much less or one stating that is not safe to
use a condom because its pores are much larger than
the size of the HIV virus.
Responding thereto, Senator Cayetano (P) replied
that she would definitely rely on the study that is on
the side of caution. However, she asserted that there
is a need to look into the conclusions of these studies
and the years they were conducted. She pointed out
that the field of medicine is constantly changing,
evolving and advancing. She remarked that when
results of studies are talked about, it is necessary to
be very sure what the conclusions were. She stated
that she has been a long time student of studies on
a wide range of topics and found out that many
times, people who want to bolster their arguments lift
sentences or paragraphs from studies and use them
to make a conclusion that the author never meant.
Asked, in turn, if the aforecited study actually
says that a person is safer without a condom,
Senator Lacson commented that it is safer not to
engage in sex at all. He cautioned that a person
might have this mindset that he is safe when he uses
a condom not knowing there is a real risk.
Senator Cayetano (P) said that she would agree
with Senator Lacons's conclusion if the micron size
WEDNESDAY, DECEMBER 7, 2011
can be validated. However, she argued that the
study being cited by Senator Lacson was an older
study and looking at the weight of evidence, there
are 23 to 100 studies that show that the effectivity
rate of the condom is very high. She said that unless
government can prevent people from having sex,
the best thing to say is that condoms are not fool-
proof. She added that people should not be given
the impression that they are better off not using a
condom unless they will abstain from sex.
Senator Lacson cautioned against promoting
condoms and not giving people the right information.
Senator Cayetano (P) recalled that she had a
discussion with the fonner Secretary of Health
regarding the risks associated with the use of the
pill. Had she been born 20 years ago, she said she
would probably hesitate to use the pill but because
of the different formulations that have come out, she
would not hesitate recommending it to other women.
She pointed out that technology has changed and this
makes a difference.
As regards the size of the pores in the new
condoms, Senator Cayetano (P) reasoned that even
assuming there are microscopic size holes in the
condom, no one in the hall is a scientist and that they
were merely reading information from studies on
the record.
She then explained how the transmission of the
virus works: a free virus which is nonmotile can pass
through a hole only if it is associated with a cell that
moves or if it is moved by hydrostatic pressure
through the hole; monocytes and lymphocytes that
may carry HIV are 10-15 inches in diameter, too
large to pass through the microscopic holes by
routine testing. Precisely, she said that the WHO
cautioned against inaccurate statements on the
use of condoms as they cause panic among people.
She emphasized that proper warnings can be indicated
in messages but these should not cause alarm.
Whether the ineffectivity of condoms is due to
inconsistent use, breakage or microscopic pores,
she said, the conclusion is that a person is always
safer using a condom.
Senator Cayetano (P) stated that condoms have
been very effective in addressing the spread of HIV.
However, she acknowledged that there are always
risks associated with human behavior, and that should
be clearly known to everyone.
WEDNESDAY, DECEMBER 7, 2011
Senator Lacson proceeded to read from the
study, to wit: 'The U ,S, government has withdrawn
US$2,6 million worth of grant to study condoms
because an unacceptably high number of condom
users probably would have been infected in such a
study." He said that no one wanted to take part in
the study for fear of getting infected by the HIV
virus so the U.S. government withdrew the grant. He
c1aritied that the author, Diane Dew, quoted from the
1988 study made by Georgetown Medical University
and the National Institutes of Health.
Senator Cayetano (P) pointed out that the study
was conducted in 1988 but she countered that she has
copies of studies done in 2003, 2007 and 2009 which
she would be happy to forward to Senator Lacson.
She explained that scientists weigh the different pieces
of evidence from various studies to utilize them for
the best interest of everyone. Relying on the studies
she has read, she assumed that the process of
manufacturing condoms has evolved and the standards
have improved. She maintained that the use of
condoms continues to provide the best kind of defense
against HIV and other STDs, short of abstinence.
She added that being in a monogamous relationship
is also the best approach to an HIV /STD free life.
As regards emergency contraception pills (ECP),
Senator Lacson mentioned that there are two types
- Plan B One Step and Next Choice. In reaction,
Senator Cayetano (P) clarified that Plan B One Step
and Next Choice are brand names for the generic
name levonorgestrel. She confirmed that the ECP
has not been approved by the Food and Drugs
Administration.
On the side effects of ECP, Senator Cayetano
(P) said that internationally, it is part of the WHO list
of medicines; it is shown to prevent ovulation and it
does not have any detectable effect on the urethra
or progesterone levels when given after ovulation.
Senator Lacson stated that the ECP should not
be included as an essential medicine, saying they are
hazardous. Senator Cayetano (P) confirmed that
there is no intention of introducing something new in
the bill and assured the Body that the ECP is not
included therein.
ANNOUNCEMENT OF SENATOR SOTTO
At this point, Senator Sotto announced that the
Body would take up the cityhood bills.
771
INQUIRY OF SENATOR CAYETANO (P)
Senator Cayetano (P) asked if deliberations on
the RH bill would be resumed after consideration of
the cityhood bills considering that Senator Legarda
was scheduled to interpellate on the RH bill.
Senator Legarda said that she was ready to
interpellate on the RH bill if there was still time.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2865
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
COMMITTEE REPORT NO. 85
ON HOUSE BILL NO. 4729
(Continuation)
Upon motion of Senator Sotto, there being no
objection, the Body resumed consideration, on Second
Reading, of House Bill No. 4729 (Committee Report
No. 85), entitled
AN ACT CONVERTING THE MUNICI-
PALITY OF IMUS IN THE
PROVINCE OF CAVITE INTO A
COMPONENT CITY TO BE KNOWN
AS THE CITY OF IMUS.
Senator Sotto stated that the parliamentary status
was the period of committee amendments.
Thereupon, the Chair recognized Senator Marcos,
Sponsor of the measure.
COMMITTEE AMENDMENTS
As proposed by Senator Marcos, there being no
objection, the Body approved the following committee
amendments:
0" Page 4
I. Lines 5 and 6, delete the phrase "and an
assistant city treasurer";
2. Line 6, delete the phrase "and an assistant
city assessor";
3. Line 8, delete the phrase "and an assistant
city engineer";
772
4. Lines 8 and 9, delete the phrase "and an
assistant city health officer";
5. Lines 9 and 10, delete the phrase "and an
assistant city civil registrar";
6. Line II, after the phrase "a city general
services officer," delete the words "a city"
and subsequently, delete lines 12 to 14;
7. Line 16, delete the phrase "and a city building
official" and in lieu thereof, insert the phrase
A CITY ENVIRONMENT AND NATURAL
RESOURCES OFFICER, A CITY ARCHITECT,
A CITY INFORMATION OFFICER, A CITY
COOPERATIVES OFFICER, AND A CITY
AGRICULTURIST.
0" page 5
8. After line 4, insert a new subsection (I) to
read as follows:
(I) ELECTIVE AND APPOINTIVE CITY
OFFICIALS SHALL RECEIVE SUCH
COMPENSATION, ALLOWANCES
AND OTHER EMOLUMENTS AS MAY
BE DETERMINED BY LAW OR
ORDINANCE, SUBJECT TO THE
BUDGETARY LIMITATIONS ON
PERSONAL SERVICES PRESCRIBED
UNDER TITLE FIVE, BOOK II OF THIS
CODE: PROVIDED, THAT, NO
INCREASE IN COMPENSATION OF
THE MAYOR, VICE MAYOR AND
SANGGUNIANG PANLUNGSOD
MEMBER SHALL TAKE EFFECT UNTIL
AFTER THE EXPIRATION OF THE
FULL TERM OF THE SAID LOCAL
OFFICIALS APPROVING SUCH
INCREASE.;
On page 12
9. Line 17, between the words "the" and
"sectoral", insert the word and figure THREE
(3); delete line 19 and in lieu thereof, insert
the phrase WHO SHALL COME FROM THE
FOLLOWING SECTORS, to merge Section
10(a) and Section 10(b):";
10. Reletter the succeeding subsection:
Oil page 65
II. Delete the proviso on lines 15 to 18;
12. Delete lines 19 to 25 and in lieu thereof,
insert a new Sec.tion 65 to read as follows:
SECTION 65. REPRESENTATIVE
DISTRICT. - UPON ITS CREATION, THE
CITY OF IMUS SHALL MAINTAIN ITS
STATUS AS THE THIRD LEGISLATIVE
WEDNESDAY, DECEMBER 7, 2011
DISTRICT OF THE PROVINCE OF CA VITE
PURSUANT TO REPUBLIC ACT NO. 9727."
TERMINATION OF THE PERIOD
OF COMMITTEE AMENDMENTS
There being no other committee amendment,
upon motion of Senator Sotto, there being no objection,
the Body closed the period of committee amendments
and proceeded to the period of individual amendments.
SUSPENSION OF SESSION
Upon motion of Senator Satta, the session was
suspended.
It was 5:25 p.m.
RESUMPTION OF SESSION
At 5:25 p.m., the session was resumed.
TERMINATION OF THE PERIOD
OF INDIVIDUAL AMENDMENTS
There being no individual amendment, upon motion
of Senator Sotto, there being no objection, the Body
closed the period of individual amendments.
APPROVAL OF HOUSE BILL NO. 4729
ON SECOND READING
Submitted to a vote, there being no objection,
House Bill No.4 729 was approved on Second Reading.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 4729
Upon motion of Senator Satta, there being no
objection, the Body suspended consideration of
the bill.
COMMITTEE REPORT NO. 89
ON HOUSE BILL NO. 4259
( Continuatioll)
Upon motion of Senator Satta, there being no
objection, the Body resumed consideration, on Second
Reading, of House Bill No. 4259 (Committee Report
No. 89), entitled
AN ACT CONVERTING THE MUNICI-
PALITY OF CABUY AO IN THE
WEDNESDAY, DECEMBER 7, 2011
PROVINCE OF LAGUNA INTO A
COMPONENT CITY TO BE KNOWN
AS THE CITY OF CABUY AO.
SUSPENSION OF SESSION
Upon motion of Senator Marcos, the session was
suspended.
It was 5:26 p.m.
RESUMPTION OF SESSION
At 5:26 p.m., the session was resumed.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 4259
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of the bill.
COMMITTEE REPORT NO. 61
ON HOUSE BILL NO. 4730
(Continuation)
Upon motion of Senator Satta, there being no
objection, the Body resumed consideration, on Second
Reading, of House Bill No. 4730 (Committee Report
No. 61), entitled
AN ACT CONVERTING THE MUNICI-
PALITY OF BACOOR IN THE
PROVINCE OF CA VITE INTO A
COMPONENT CITY TO BE KNOWN
AS THE CITY OF BACOOR.
Senator Sotto stated that the parliamentary status
was the period of committee amendments.
Thereupon, the Chair recognized Senator Marcos,
sponsor of the measure.
COMMITTEE AMENDMENTS
As proposed by Senator Marcos, there being no
objection, the Body approved the following committee
amendments:
On Page 13
I. Lines 8 and 9, delete the phrase "an assistant
city treasurer";
2. Line 9, delete the phrase "an assistant city
assessor";
3. Line II, delete the phrase "an assistant city
engineer";
4. Lines II and 12, delete the phrase "an
assistant city health officer";
5. Lines 12 and 13, delete the phrase "an
assistant city legal officer";
6. Line 17, after the word "agriculturist," change
the comma (",") to a period (".");
7. Line 17, after the word "agriculturist," delete
the phrase "a city" and subsequently, lines
18t025;
On page 14
8. Line 13 (d), delete the phrase "City of Bacoor"
and in lieu thereof, insert the phrase
"SANGGUNIANG PANLUNGSOD";
9. After line 15, insert a new subsection (f) to
read as follows:
(f) ELECTIVE AND APPOINTIVE CITY
OFFICIALS SHALL RECEIVE SUCH
COMPENSATION, ALLOWANCES
AND OTHER EMOLUMENTS AS MAY
BE DETERMINED BY LAW OR ORDIN-
ANCE, SUBJECT TO THE BUDGETARY
LIMITATIONS ON PERSONAL
SERVICES PRESCRIBED UNDER TITLE
FIVE, BOOK II OF THIS CODE:
PROVIDED, THAT, NO INCREASE IN
COMPENSATION OF THE MAYOR,
VICE MAYOR AND SANGGUNIANG
PANLUNGSOD MEMBER SHALL TAKE
EFFECT UNTIL AFTER THE EXPIRA-
TION OF THE FULL TERM OF THE
SAID LOCAL OFFICIALS APPROVING
SUCH INCREASE.";
10. On page 22, merge Section 10 (a) with Section
10 (b) by inserting the word and figure
THREE (3) found in line I between the article
"the" and the word "sectoral;" thereafter,
delete the phrase "in addition thereto, there
shall be three (3) sectoral representatives"
and substitute the phrase WHO SHALL
COME FROM THE FOLLOWING SECTORS;
II. On the same page, line 14, delete the phrase
"District P' and in lieu thereof, insert the
words BACOOR WEST;
12. On the same page, line 24, delete the phrase
"District II" and in lieu thereof, insert the
words BACOOR EAST;
13. On page 90, delete lines 9 to 16 and in lieu
thereof, insert the following as the new
Section 80:
773
774
SECTION 80. LEGISLATIVE DISTRICT.
- UPON ITS CREATION, THE CITY
OF BACOOR SHALL MAINTAIN ITS
STATUS AS THE SECOND LEGISLATIVE
DISTRICT OF THE PROVINCE OF
CA VITE PURSUANT TO REPUBLIC
ACT NO. 9727.
TERMINATION OF THE PERIOD
OF COMMITTEE AMENDMENTS
Upon motion of Senator Sotto, there being no
objection, the Body closed the period of committee
amendments and proceeded to the period of individual
amendments.
MANIFEST A TION
OF SENATOR DRILON
Senator Drilon noted that while the just approved
amendments on House Bill No. 4729 contained a
general description of the territory of the City of
[mus, the Bacoor cityhood bill contained very detailed
and technical description of the boundaries of the
city as found on page 2, line I, all the way to line 6
on page II. He feared that putting a very technical
description of the city's territorial jurisdiction in the
bill could lead to some difficulties because a single
mistake in the number could change the boundaries
as experienced in a bill creating a tourism zone. He
believed that the deletion of the technical description
would not change the territorial jurisdiction of the
City of Bacoor as it was sufficiently described from
lines I to lion page I of the measure.
DRILON AMENDMENT
As proposed by Senator Dri Ion and accepted
by the Sponsor, there being no objection, the Body
approved the following amendments:
L On page I, line 11, delete the phrase "Its
bounds are approximately described as
follows:"; and
2. Delete the entire page 2 from line 1 up to line
6 on page 11.
TERMINATION OF THE PERIOD
OF INDIVIDUAL AMENDMENTS
There being no further interpellation, upon motion
of Senator Sotto, there being no objection, the Body
closed the period of individual amendments.
WEDNESDAY, DECEMBER 7. 2011
APPROVAL OF HOUSE BILL NO. 4730
ON SECOND READING
Submitted to a vote, there being no objection,
House BIll No. 4730 was approved on Second
Reading.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 4730
U pan motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
COMMITTEE REPORT NO. 89
ON HOUSE BILL NO. 4259
(Continuation)
Upon motion of Senator Sotto, there being no
objection, the Body resumed consideration, on Second
Reading, of House Bill No. 4259 (Committee Report
No. 89), entitled
AN ACT CONVERTING THE MUNICI-
PALITY OF CABUY AO IN THE
PROVINCE OF LAGUNA INTO A
COMPONENT CITY TO BE KNOWN
AS THE CITY OF CABUY AO.
Senator Sotto stated that the parliamentary status
was the period of interpellations.
Thereupon, the Chair recognized Senator Marcos,
Sponsor of the measure.
TERMINATION OF THE PERIOD
OF INTERPELLATIONS
There being no interpellation, upon motion of
Senator Sotto, there being no objection, the Body
closed the period of interpellations.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 4259
Upon motion of Senator Satta, there being no
objection, the Body suspended consideration of
the bilL
ADDITIONAL CONFEREE
Upon his request, the Chair designated Senator
Sotto as additional member of the Senate panel in
WEDNESDAY. DECEMBER 7. 2011
the bicameral conference committee on the disagreeing
provisions of Senate Bill No. 2814 (Anti-Discrimination
measure) and its counterpart House Bill No. 4807.
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the session was
suspended.
It was 5:39 p.m.
RESUMPTION OF SESSION
At 5:54 p.m., the session was resumed.
RECONSIDERATION OF THE
APPROVAL ON SECOND READING
OF HOUSE BILL NO. 4729
Upon motion of Senator Sotto, there being no
objection, the Body reconsidered the approval of
House Bill No. 4729 on Second Reading.
As a consequence, upon motion of Senator Sotto,
there being no objection, the Body reopened the
period of amendments.
Thereafter, the Chair recognized Senator Marcos,
Sponsor of the bill.
OMNIBUS AMENDMENT
As proposed by Senator Marcos, there being no
objection, the Body approved the deletion of all
provisions that correspond to the the positions of
assistant city treasurer, assistant city assessor,
assistant city engineer, assistant city health officer,
and assistant city civil registrar, as well as the other
city officers that were earlier deleted, and the
renumbering of all affected sections.
TERMINATION OF THE PERIOD
OF AMENDMENTS
Upon motion of Senator Sotto, there being no
objection, the Body closed the period of amendments.
APPROVAL OF HOUSE BILL NO. 4729
ON SECOND READING
Submitted to a vote, there being no objection,
House Bill No. 4729 was approved on Second
Reading.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 4729
775
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
RECONSIDERATION OF THE
APPROVAL ON SECOND READING
OF HOUSE BILL NO. 4730
Upon motion of Senator Sotto, there being no
objection, the Body reconsidered the approval of
House Bill No. 4730 on Second Reading.
As a consequence, upon motion of Senator Sotto,
there being no objection, the Body reopened the
period of amendments.
Thereafter, the Chair recognized Senator Marcos,
Sponsor of the bill.
OMNIBUS AMENDMENT
As proposed by Senator Marcos, there being no
objection, the Body approved the deletion of all
provisions that correspond the positions of assistant
city treasurer, assistant city assessor, assistant city
engineer, assistant city health officer, and assistant
city legal officer, as well as the other city officers
that were earlier deleted and the renumbering of all
affected sections.
TERMINATION OF THE PERIOD
OF AMENDMENTS
Upon motion of Senator Sotto, there being no
objection, the Body closed the period of amendments.
APPROVAL OF HOUSE BILL NO. 4730
ON SECOND READING
Submitted to a vote, there being no objection,
House Bill No. 4730 was approved on Second
Reading.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 4730
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
776
SUSPENSION OF SESSION
Upon motion of Senator'Sotto, the session was
suspended.
It was 6:00 p.m.
RESUMPTION OF SESSION
At 6:00 p,m., the session was resumed,
ADJOURNMENT OF SESSION
Upon motion of Senator Sotto, there being no
objection, the Chair declared the session adjourned
WEDNESDAY, DECEMBER 7, 2011
until three o'clock in the afternoon of Monday,
December 12, 201 L
It was 6:01 p.m.
I hereby certify to the correctness of the
foregoing,
EMMA JRIO YES
finale, V'
Approved on December 12, 2011