No. 48 January 31, 2012

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REPUBLIC OF THE PHILIPPINESSena" t e

Pasay City

JournalSESSION NO. 48

Tuesday, January 31,2012

FIFTEENTH CONGRESSSECOND REGULAR SESSION

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SESSION NO. 48Tuesday, January 31, 2012

CALL TO ORDERAt 9:22 a.m., the Senate President Pro Tempore,

Hon. Jinggoy Ejercito Estrada, called the session toorder.PRAYER

The Body observed a minute of silent prayer.ROLL CALL

Upon direction of the Chair, the Secretary of theSenate, Atty. Emma Lirio-Reyes, called the roll, towhich the following senators responded:

Angara, E. J.Arroyo, J. P.Cayetano, P. S.Ejercito Estrada, J.Emile, J. P.Escudero, F. J. G.Guingona III, T. L.Honasan, G. B.

Lacson, P. M.Lapid, M. L. M.Legarda, L.Marcos Jr., F. R.Sotto III, V. C.Trillanes IV, A. F.Villar, M.

With 15 senators present, the Chair declared thepresence of a quorum.

Senators Drilon, Pangilinan, Pimentel, Revilla andRecto arrived after the roll call.

Senator Cayetano (A) was on official mission.Senator Defensor Santiago was on sick leave.Senator Osmefia was absent.

DEFERMENT OF THE APPROVALOF THE JOURNAL

Upon motion of Senator Satta, there being noobjection, the Body deferred the consideration andapproval of the Journal of Session No. 47 (January30, 2012) to a later hour.ACKNOWLEDGMENTOF THE PRESENCE OF GUESTS

At this juncture, Senator Sotto acknowledged thepresence in the gallery of Mayor Marino "Boking"Morales and the municipal officials of Mabalacat,Pampanga.

Senate President Pro Tempore Ejercito Estradawelcomed the guests to the Senate.REFERENCE OF BUSINESS

The Deputy Secretary for Legislation, Atty. EdwinB. Bellen, read the following matters and the Chairmade the corresponding referrals:

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898

MESSAGE FROM THEHOUSE OF REPRESENTATIVES

Letter from the House of Representatives, informingthe Senate that on 24 January 2012, the Houseof Representatives approved the followingHouse bills in which it requested the concurrenceof the SenateHouse bill No. 592, entitledAN ACT TO PROVIDE FOR ANATIONAL FOLIC ACID EDUCA

TION PROGRAM TO PREVENTBIRTH DEFECTSTo the Committees on Health and Demo

graphy; and FinanceHouse Bill No. 4153, entitledAN ACT ESTABLISIDNG THE ARCID

PELAGIC SEA LANES IN THEPHILIPPINE ARCHIPELAGIC WATERS,PRESCRIBING THE RIGHTS ANDOBLIGATIONS OF FOREIGN SIDPSAND AIRCRAFT EXERCISING THERIGHT OF ARCHIPELAGIC SEALANES PASSAGE THROUGH THEESTABLISHED ARCIDPELAGIC SEALANES AND PROVIDING FORTHE ASSOCIATED PROTECTIVEMEASURES THEREIN

To the Committee on Foreign RelationsHouse Bill No. 4195, entitledAN ACT EXTENDING THE COVERAGE

OF THE REDUCED RETIREMENTAGE FOR UNDERGROUND MINEWORKERS TO INCLUDE MILLPLANT WORKERS AND SUPPORTSERVICES PERSONNEL SUCH ASMECHANICAL, ELECTRICAL ANDTAILINGS POND PERSONNEL,AMENDING FURTHER ARTICLE 287OF PRESIDENTIAL DECREE NO. 442,OTHERWISE KNOWN AS THELABOR CODE OF THE PHILIP-PINES, AS AMENDED

To the Committee on Labor, Employmentand Human Resources Development

TUESDAY, JANUARY 31, 2012

House Bill No. 4379, entitledAN ACT GRANTING THE RELIANCEBROADCASTING UNLIMITED, INC.

A FRANCHISE TO CONSTRUCT,INSTALL, ESTABLISH, OPERATEAND MAINTAIN RADIO ANDTELEVISION BROADCASTINGSTATIONS IN THE PIDLIPPINES

To the Committee on Public ServicesHouse Bill No. 5180, entitledAN ACT DECLARING AUGUST 9 OFEVERY YEAR AS THE NATIONALDAY OF INDIGENOUS PEOPLES IN

THE PIDLIPPINESTo the Committee on Cultural CommunitiesHouse Bill No. 5484, entitledAN ACT PROVIDING FOR A

COMPREHENSIVE REGULATIONOF FIREARMS, LIGHT WEAPONSAND AMMUNITION, PENALIZINGVIOLATIONS THEREOF ANDREPEALING FOR THE PURPOSEPRESIDENTIAL DECREE NUMBEREDEIGHTEEN HUNDRED SIXTY -SIX

To the Committees on Public Order andDangerous Drugs; and Justice and Human RightsHouse Bill No. 5576, entitledAN ACT RENEWING THE FRANCIDSE

GRANTED TO QUEST BROADCASTING, INC. (FORMERLY SBS RADIONETWORK, INC.) A FRANCIDSE TOCONSTRUCT, INSTALL ESTABLISH,OPERATE AND MAINTAIN RADIOBROADCASTING STATIONS INTHE PIDLIPPINES

To the Committee on Public ServicesHouse Bill No. 5594, entitledAN ACT PROVIDING FOR THE

RETENTION AND UTILIZATION OFTHE INCOME DERIVED BY THE

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JANUARY 31, 2012

NATIONAL MUSEUM, AMENDINGFOR THE PURPOSE SECTION 26OF REPUBLIC ACT NO. 8492,OTHERWISE KNOWN AS THENATIONAL MUSEUM ACT OF 1998

To the Committee on Educatiou, Arts audCulture

House Bill No. 5600, entitledAN ACT TRANSFERRING THELOCA TION OF THE LA UNIONSECOND DISTRICT ENGINEERINGOFFICE FROM NAGUILIAN, LAUNION TO AGOO, LA UNION,AMENDING FOR THIS PURPOSE

REPUBLIC ACT NO . 9033To the Committee on Puhlic WorksHouse Bill No. 5608, entitledAN ACT REAPPORTIONING THEPROVINCE OF PALAWAN INTOTHREE (3) LEGISLATIVE DISTRICTSTo the Committees on Local Government;

and Electoral Reforms an d People's Participa-tionHouse Bill No. 5622, entitledAN ACT INCREASING THE BED

CAPACITY OF THE QUIRINOMEMORIAL MEDICAL CENTERFROM THREE HUNDRED FIFTY(350) TO FIVE HUNDRED (500)BEDS, AMENDING FOR THEPURPOSE REPUBLIC ACTNO . 8313, APPROPRIATING FUNDSTHEREFOR AND FOR OTHERPURPOSES

To the Committees on Health and Demo-graphy; and Finance

House Bill No. 5624, entitledAN ACT ESTABLISHING THE CAREEREXECUTIVE SYSTEMTo the Committee on Rules

House Bill No. 5626, entitledAN ACT PROVIDING MEASURES TOENSURE THE SAFETY OF CHILD-REN ABOARD MOTORCYCLES

AN D FOR OTHER PURPOSES

899

To the Committees on Public Services; audLocal Governmentand House Bill No. 5627, entitledAN ACT PROTECTING THE RIGHTSOF INTERNALLY DISPLACEDPERSONS, PROVIDING PENALTIESFOR VIOLATIONS THEREOF AN DFOR OTHER PURPOSESTo the Committees on Justice and HumanRights; and Finance

BILLS ON FmST READINGSenate Bill No. 3109, entitled

AN ACT TO IMPLEMENT THECOMPETITION POLICY UNDERTHE CONSTITUTION, STRENG-THEN THE PROHIBITION AGAINSTABUSE OF MONOPOLY POWER ORDOMINANT POSITION, PREVENTCARTELS, COMBINATIONS INRESTRAINT OF TRADE AND OTHERANTICOMPETITIVE PRACTICESAND CONDUCT, AND FOR OTHERPURPOSES

Introduced by Senator GuingonaTo the Committees on Trade and Commerce;

Economic Affairs; and FinanceSenate Bill No. 3110, entitledAN ACT TO PROVIDE FOR THEANALYSIS OF THE INCIDENCEAND EFFECTS OF PRISON RAPEAND TO PROVIDE INFORMATION,

RESOURCES, RECOMMENDATIONS,FUNDING, AN D PUNISHMENT TOPROTECT INDIVIDUALS FROMPRISON RAPE

Introduced by Senator Defensor Santiagoyr

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900To the Committees on Justice and Human

Rights; aud FinauceSenate Bill No. 3111, entitledAN ACT STREAMLINING THE JURIS

DICTION OF THE SANDIGAN-BAY AN AND INCREASING THENUMBER OF SANDIGANBA Y ANASSOCIATE JUSTICES ANDDIVISIONS AND, AMENDING FORTHE PURPOSE PRESIDENTIALDECREE NO. 1606, AS AMENDEDBY REPUBLIC ACT NO. 7975 ANDREPUBLIC ACT NO. 8294, ANDFOR OTHER PURPOSES

Introduced by Senator Guingona IIITo the Committee on Justice and Human

RightsSenate Bill No. 3112, entitledAN ACT DECLARING DECEMBER 26

OF EVERY YEAR AS A NATIONALSPECIAL NON-WORKING HOLIDAY,TO BE KNOWN AS "FILIPINO DAYOF GOODWILL" OR "BOXING DAY"

Introduced by Senator Marcos Jr.To the Committee on ConstitutionalAmendments, Revision of Codes and Laws

RESOLUTIONSProposed Senate Resolution No. 688, entitled

RESOLUTION DIRECTING TIffi PROPERSENATE COMMITTEE TO CONDUCTAN INQUIRY, IN AID OF LEGISLATION, ON THE PROLIFERATIONOF MARINE DEAD ZONES WHICHCOULD LEAD TO HUGE ECONOMICLOSSES FOR THE COUNTRY

Introduced by Senator Defensor SantiagoTo the Committees on Environment and

Natural Resources; and Agriculture and FoodProposed Senate Resolution No. 689, entitled

RESOLUTION DIRECTING THE PROPERSENATE COMMITTEE TO CONDUCT


AN INQUIRY, IN AID OF LEGISLATION, ON THE ALARMINGLYINCREASING ACCIDENTS INVOLVING TRUCKS, BUSES AND LARGELOAD VEHICLES DUE TO FAULTYELECTRICAL AND MECHANICALCOMPONENTS

Introduced by Senator Defensor SantiagoTo the Committee on Public Services

Proposed Senate Resolution No. 690, entitledRESOLUTION DIRECTING THE PROPER

SENATE COMMITTEE TO CONDUCTAN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTED RISEOF CRIMES INVOLVING SUSPECTSRIDING ON MOTORCYCLES

Introduced by Senator Defensor SantiagoTo the Committee on Public Order andDangerous Drugs

Proposed Senate Resolution No. 691, entitledRESOLUTION CONGRATULATING

AND COMMENDING FILIPINOBOXER MILAN "EL METODICO"MELINDO FOR SUCCESSFULLYDEFENDING HIS WORLD BOXINGORGANIZATION WBO INTER-CONTINENTAL FLYWEIGHT TITLEVIA TECHNICAL KNOCKOUTAGAINST MEXICAN BOXER JUAN"PANTERITA" ESQUER ON 28JANUARY 2012 AT THE WATERFRONT CEBU CITY OF HOTEL ANDCASINO IN CEBU CITY, THEPHILIPPINES

Introduced by Senator LapidTo the Committee on Rules

SPECIAL ORDERUpon motion of Senator Sotto, there being noobj ection, the Body approved the transfer of

Committee Report No. 81 on Senate Bill No. 3060from the Calendar for Ordinary Business to theCalendar for Special Orders.

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COMMITTEE REPORT NO. 81ON SENATE BILL NO. 3060

Upon motion of Senator Sotto, there being noobjection, the Body considered, on Second Reading,Senate Bill No. 3060 (Committee Report No. 81),entitled

AN ACT AMENDING ARTICLES 363AN D 364 OF AC T NO. 3815, ASAMENDED, OTHERWISE KNOWNAS THE REVISED PENAL CODE.

Pursuant to Section 67, Rule XXIII of the Rulesof the Senate, with the permission of the Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the insertion of its full textinto th e Record of the Senate.

Thereupon, the Chair recognized SenatorEscudero, Sponsor of the measure.SPONSORSHlP SPEECHOF SENATOR ESCUDERO

At the instance of Senator Escudero, there beingno objection, the explanatory notes of Senate BillNos. 1378 (filed by Senator Legarda), 2116 (filedby Senator Escudero) and 2213 (filed by SenatorDefensor Santiago) were adopted as the sponsorshipspeech for Senate Bill No. 3060.

Following are the explanatory notes:Senate Bill No. 1378By Senator Legarda

This bill seeks to increase the penalty forthe crime of incriminatory machination, amendingfor the purpose Articles 363 and 364 of theRevised Penal Code, to deter persons fromcommitting the same.

The Revised Penal Code defmes incrimi-natory machinations as two distinct crimes, towit: incriminating an innocent person andintriguing against his or her honor. Incriminatingan innocent person is committed by any personwho, by any act not constituting perjury, shalldirectly incriminate or impute to an innocentperson the commission of a crime, while intrigu-ing against honor is committed by any personwho intrigues another for the principal purposeof blemishing his or her honor or reputation.

By its nature, incriminatory machinationsrefer to acts done for mere vexing, harassing or

injuring one's adversary and which tend todirectly cause false prosecution. The presentpenalties imposed by the law are notcommensurate to the injury or damage caused tothe victim of false prosecution and intrigue.There is therefore a need to punish with greaterseverity individuals who are found guilty ofincriminatory machinations.

This bill aims to do just that by increasingthe penalty for incriminating innocent personsfrom arresto mayor or imprisonment of onemonth and one day to six months, to prisionmayor, or imprisomnent for six years and oneday to twelve years. This bill likewise increasesthe penalty for intriguing against honor fromarresto menor or imprisonment of one to 30days, to prisian correccionai, or imprisonmentof six months and one day to six years.

In view of the foregoing, the immediatepassage of this bill is earnestly requested.Senate Bill No. 2116By Senator Escudero

This bill seeks to increase the penalty forthe crime of incriminatory machination, amendingfor the purpose Articles 363 and 364 of theRevised Penal Code, to deter persons fromcommitting the same due to the increasedpenalty.The Revised Penal Code defines incrimi-natory machinations as two distinct crimes, to

wit: incriminating an illl10cent person andintriguing against honor. Incriminating innocentperson is committed by any person who, by anyact not constituting perjury, shall directlyincriminate or impute to an innocent person thecommission of a crime, while intriguing againsthonor is committed by any person who intriguesanother for the principal purpose of blemishingthe honor or reputation of a person.By its nature, incriminatory machinations

refer to acts done for mere vexing, harassing orinjuring one's adversary and which tend todirectly cause false prosecution. The presentpenalties imposed by the law are not commen-surate to the injury or damage caused to thevictim of false prosecution and intrigue. There istherefore a need to punish with greater severityindividuals who are found guilty of incriminatorymachinations.

This bill aims to do just that by increasingthe penalty for incriminating innocent personsfrom arresto mayor or imprisonment of onemonth and one day to six months, to prisionmayor, which means imprisonment from six years

$' r

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902and one day to twelve years. The bill likewiseincreases the penalty for intriguing againsthonor from arresto menor or imprisonment ofone to 30 days, to prision correccional, whichmeans imprisonment of six months and one dayto six years.

In view of the foregoing, immediate passageof the bill is earnestly sought.

Senate Bill No. 2213By Senalor Defensor Santiago

Intriguing against honor is punished underthe Article 364 of the Revised penal Code whichprovides:

Article 364. Intriguing againsthonor. - The penalty of arreslo menoror fine not exceeding 200 pesos shall beimposed for any intrigue which has forits principal purpose to blemish thehonor or reputation of a person.Intriguing against honor is any scheme orplot designed to hlemish the reputation of aperson by means which consist of some trickery.

It is akin to slander by deed, in that the offenderdoes not avail directly of written or spokenwords, pictures or caricatures to ridicule hisvictim but of some ingenious, crafty and secretplot, producing the same effect.

This crime has been committed andneglected by many people due to flimsy penaltyattached to the crime. Because of the lightpenalty attached to the offense, it has lost thecharacteristic of being deterrent.

The state having the right to declare whatacts are criminal, within certain well-defmedlimitations, has a right to specify or increase thepenalty for a particular offence. Hence, theinstant bill seeks to increase the penalty for thecrime of Intriguing against Honor punishedunder article 364 of the Revised Penal Code.Additionally, Senator Escudero stated that the

proposed legislation seeks to increase the penalty andfine for Article 363 on Incriminating Innocent Personand Article 364 on Intriguing against Honor of theRevised Penal Code. He said that the penalty forArticle 363 would be increased from arresla mayarto prisian mayar in its minimum period while inArticle 364, the penalty would be increased fromarresta menar to prisian carreccianal in its minimum period which requires fine ofP200 to P50,OOO.

Senator Escudero explained that incriminatorymachinations refer to acts done for mere vexing,

TUESDAY, JANUARY 31,2012

harassing or injuring persons adversarial to eachother which tend to directly cause false prosecution.He maintained that the present penalties imposed bylaw are not enough and commensurate to deter thecommission of the acts.COSPONSORSHIP SPEECHOF SENATOR LEGARDAAs coauthor of the measure, Senator Legarda

delivered the following cosponsorship speech:Our reputation is an aspect of our lives thatwe continuously seek to protect, as publicperception about us undeniably extends to ourloved ones and our families. To extremists, agood name is regarded as more important thanlife itself, since the former leaves an imprint that

lasts beyond the latter.Even with diligent efforts to maintain goodstanding and display acceptable character in oursociety, we still might be faced with circumstances that can inevitably place our longsafeguarded reputation to disgrace.Whether it is the simple deed of spreadingintrigues against a person, or the more seriousact of implicating someone in a crime that he has

not committed, incriminatory machinationsblemish an individual's character and mayeventually ruin a person's life.

To discourage such vicious acts and tosafeguard the dignity of every citizen,incriminatory machinations are penalized underArticles 363 (Incriminating innocent person) and364 (Intriguing against honor) of the RevisedPenal Code.However, said law provides for penaltiesthat fail to sufficiently compensate the reSUltingdamage to victims and thus prevent them fromattaining full justice.I! is in this light that I register my supportfor the passage of the proposed measure underCommittee Report No. 81 "An Act AmendingArticles 363 and 364 ofAct No. 3815, OtherwiseKnown as the Revised Penal Code" sponsoredby Senator Escudero. This proposed legislationaims to update said legal provisions byintensifying the punishment for those provenguilty of incriminating innocent persons andthose found guilty of intriguing against honor.I! is my hope that with the positive action ofthe Senate on this measure, we will be able toensure a society that fully respects the dignity ofits citizens.

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SUSPENSION OF CONSIDERATIONOF SENATE BILL NO, 3060

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofthe bilLSPECIAL ORDER

Upon motion of Senator Sotto, there being noobjection, the Body approved the transfer ofCommittee Report No. 83 on Senate Bill No. 2107from the Calendar fo r Ordinary Business to theCalendar for Special Orders.COMMITTEE REPORT NO. 83ON SENATE BILL NO. 2107

Upon motion of Senator Sotto, there being noobjection, the Body considered, on Second Reading,Senate Bill No. 2107 (Committee Report No. 83),entitled

AN ACT AMENDING ARTICLE 177 OFACT NO . 3815, AS AMENDED,OTHERWISE KNOWN AS THEREVISED PENAL CODE.

Pursuant to Section 67, Rule XXIII of the Rulesof the Senate, with the permission of the Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the insertion of its full textinto the Record of the Senate.

Thereupon, the Chair recognized SenatorEscudero, Sponsor of the measure.SPONSORSHIP SPEECHOF SENATOR ESCUDERO

At the instance of Senator Escudero, there beingno objection, the explanatory note of Senate BillNo. 2116 was adopted as the sponsorship speechfor Senate Bill No. 2107.

Senate Bill No. 2116By Senators Ejercilo Estrada and Escudero

Article 177 of the Revised Penal Code (ActNo. 3815, as amended) may be committed intwo ways:(a) By knowingly and falsely representing oneselfto be an officer, agent or representative of

any department or agency of the PhilippineGovernment or of any foreign government.(b) By perfonning any act pertaining to anyperson in authority or public officer of thePhilippine Government or of foreigngovernment or any agency thereof, under

pretense of official position, and withoutbeing lawfuJly entitled to do so.l t is common that private individuals pretendto be police officers in perpetrating seriouscrimes like kidnapping or serious illegal detentionto avoid resistance from their victims. Worse,many also complain of actual officials who areperfonning acts pertaining to another person inauthority or officer of the government underpretense of official position even if he is notlawfully entitled to do so.Such falsities, misrepresentations andlorusurpation of authority as defined in theaforementioned Revised Penal Code provision,should be treated more seriously by providing aheavier penalty. Presently, the penalty imposed

is prision correccional in its minimum andmedium periods. This is equivalent to imprison-ment of six months and one day to two years andfour months up to four years and two months.The authors submit that the penaltyimposed is not commensurate to the kind ofoffense committed and damage that may be

incurred by the victim, especiaJly if theperpetrator is a public official.This bill seeks to amend Article 177 of theRevised Penal Code, as amended by increasingthe penalty provided therein to prision mayorin its minimum and medium periods. Shouldthe offender be a public official, the penalty tobe imposed shall be prision mayor in itsmaximum period. In the light of the foregoingconsiderations, passage of this bill is earnestlysought.

903

Additionally, Senator Escudero reiterated that thebill seeks to amend Article 177 of the Revised PenalCode on the Usurpation of Authority or OfficialFunctions by increasing the penalty thereto fromprision correccional to prision mayor in itsminimum and maximum periods. He also said thatif the offender is a public official, the penalty shallbe in its maximum period. By increasing the penalty ,he pointed out, the bill seeks to increase the deterrentfactor of the crime since it usually leads to thecommission of other more serious crimes in thesociety as seen in the studies presented in theCommittee.

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904SUSPENSION OF CONSIDERATIONOF SENATE BILL NO. 2107

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofthe bill.SPECIAL ORDER

Upon motion of Senator Satta, there being noobjection, the Body approved the transfer ofCommittee Report No, 88 on Senate Bill No. 3078from the Calendar fo r Ordinary Business to theCalendar for Special Orders.COMMITTEE REPORT NO. 88ON SENATE BILL NO. 3078

Upon motion of Senator Satta, there being noobjection, the Body considered, on Second Reading,Senate Bill No, 3078 (Committee Report No, 88),entitled

AN ACT PENALIZING ANY MEMBEROF LAW ENFORCEMENT AGENCIES,OR ANY OTHER GOVERNMENTOFFICIAL OR EMPLOYEE WHOFAILS OR REFUSES TO TESTIFYAS WITNESS IN AN Y CRIMINALPROCEEDINGS,

Pursuant to Section 67, Rule XXIII of the Rulesof the Senate, with the permission of the Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the insertion of its full textinto the Record of the Senate,

Thereupon, the Chair recognized SenatorEscudero, Sponsor of the measure,SPONSORSHIP SPEECHOF SENATOR ESCUDERO

Senator Escudero stated that Senate BillNo. 3078, as reported out under Committee ReportNo, 88, was in substitution of Senate Bill Nos, 495and 2385 (filed by Senate Pro Tempore EjercitoEstrada), and Senate Bill No. 2113 (filed by SenatorEscudero), respectively,

At his instance, there being no objection, the explanatory notes of the two substituted bills were adoptedas the sponsorship speech for Senate Bill No, 3078,


Senate Bill No. 495By Senator Ejercito EstradaQuite a number of criminal cases, includingthose involving grave penal offenseslfelonies,have been dismissed, or the accused were

unduly acquitted, due to the failure or deliberaterefusal of the prosecution witnesses to appear ortestify despite due notice,In order to prevent such miscarriage ofjustice in dangerous drugs cases, Section 91 of

RA 9165, otherwise known as the "Comprehensive Dangerous Drugs Act of 2002," imposesheavy penalty and fme to "any member of lawenforcement agencies or any other governmentofficial and employee who, after due notice, failsor refuses, intentionally or negligently, to appearas a witness for the prosecution in any proceedings, involving violations of this AcL," Thesame law likewise penalizes with imprisonmentand fme, including perpetual disqualification tohold public office, the immediate supervisor ofthe erring prosecution witness if, despite duenotice to them and to the witness concerned, theformer does not exert reasonable effort to presentthe latter to the court

As explicitly provided in the new Comprehensive Dangerous Drugs Law, the sanctionsimposable in said law against defiant prosecutionwitnesses, can be applied only in dangerousdrugs-related cases. As such, said punishmentcannot be imposed upon erring prosecutionwitnesses in other criminal cases, regardless ofits gravity.

We see no logic nor reason in limiting theprotection from miscarriage of justice to dangerous drugs-related cases, Proper disposition ofother criminal cases deserves the same concernand protection,In view of the foregOing considerations,early passage of this bill iseamestly sought

Senate Bill No. 2113By Senator Escudero

The Constitution, Article II , Section 14,subparagraph 2, provides:(2) In all criminal prosecutions, the accused shallbe presumed innocent until the contrary is

proved, and shall enjoy the right to be heardby bimself and counsel, to be infonned ofthenature and cause of the accusation againsthim, to have a speedy, impartial, and publictrial, to meet the witnesses face to face, andto have compUlsory process to secure the

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attendance of witnesses and the productionof evidence in his behalf However, afterarraignment, trial may proceed notwithstanding the absence of the accused providedthat he has been duly notified and his failureto appear is unjustifiable.This constitutional provision guarantees theattendance of witnesses in the prosecution ofcriminal cases. The attendance of witnesses isvital to a speedy disposition of cases. Forinstance, the prosecution of dangerous drugscases is usually slow due to lack of interest oflaw enforcement officers to appear and testify incourt. This is actually true not only in dangerousdrug cases but also in all other cases.This bill seeks to address this perennialprosecution problem by penalizing by fme orimprisonment or both, any public employee who

fails or refuses, intentionally or negligently, toappear as a witness for the prosecution or defensein any criminal proceeding. This bill also punishesthe head of office or agency for failure to exertreasonable effort to present his subordinate.Senate Bill No. 2385

By Senator Ejercito EstradaA number of criminal cases, includingdangerous drugs cases, have been dismisseddue to the failure or deliberate refusal of theprosecution witnesses to appear or testify

despite due notice. The attendance andparticipation in court proceedings of witnessesis critical in the speedy disposition of cases.This bill seeks to address this perennialprosecution problem by penalizing by fme orimprisonment or both, any public official oremployee who fails or refuses, deliberately ornegligently, to appear as a witness for theprosecution or defense in any criminal proceeding. Any member who fails or refuses shall bepenalized with imprisonment of not less thantwelve (12) years and one (1) day to twenty (20)years and a fme of not less !han P500,OOO,OO withperpetual disqualification to hold public office.This bill also penalizes the immediatesupervisor of the erring witness with imprisonment of not less than two (2) months and one ( I)day but not more than six (6) years and a fme ofnot less than PIO,OOO.OO but not more than

P50,OOO.OO, He shall have perpetual absolutedisqualification to hold office if, despite duenotice, he did not exert reasonable effort topresent the witness in court or fails to instituteappropriate administrative action against hissubordinate. This measure is a consolidated!substituted bill drafted by the Conunittee on

Justice and Human Rights during the 14'hCongress.In view of the foregoing, passage of this billis earnestly sought.

SUSPENSION OF CONSIDERATIONOF SENATE BILL NO. 3078

905

Upon motion of Senator Satta, there being noobjection, the Body suspended consideration ofthe bill.ADDITIONAL REFERENCE OF BUSINESS

The Deputy Secretary for Legislation read thefollowing committee reports which the Chair assignedto the Calendar for Ordinary Business:Committee Report No. 98, prepared and submittedby the Committee on Justice and Human Rights,

on Senate Bill No. 3113, with Senators TrillanesIV and Escudero as authors thereof, entitledAN ACT FURTHER AUTHORIZING THE

CITY OF MUNICIPAL CIVILREGISTRAR OR THE CONSUL-GENERAL TO CORRECT CLERICALOR TYPOGRAPIDCAL ERRORS INTHE DAY AND MONTH IN THEDATE OF BIRTH OR SEX OF APERSON APPEARING IN THE CIVILREGISTER WITHOUT NEED OF AJUDICIAL ORDER, AMENDING FORTIDS PURPOSE REPUBLIC ACTNUMBERED NINETY FORTY-EIGHT,

recommending its approval in substitution ofSenate Bill No. 247.Sponsor: Senator Escudero

Committee Report No. 99, submitted jointly by theCommittees on Justice and Human Rights; andFinance, on House Bill No. 4488, introduced byRepresentative Fernandez, et aI, entitledAN ACT CREATING TWO (2 )

ADDITIONAL REGIONAL TRIALCOURT BRANCHES IN THEPROVINCE OF LAGUNA TO BESTATIONED AT STA. ROSA CITY,AMENDING FOR THE PURPOSESECTION 14, PARAGRAPH (E) OFBATAS PAMBANSA BLG. 129,OTHERWISE KNOWN AS "THE

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906

JUDICIARY REORGANIZATIONACT OF 1980," AS AMENDED, ANDAPPROPRIATING FUNDS THEREFOR,

recommending its approval without amendment.Sponsor: Senator Escudero

Committee Report No. 100, submitted jointly by theCommittees on Justice and Human Rights; andFinance, on House Bill No. 4471, introduced byRepresentative Tiangco, et ai, entitledAN ACT CREATING THREE (3)ADDITIONAL BRANCHES OF THEREGIONAL TRIAL COURT ANDTWO (2) ADDITIONAL BRANCHES

OF THE METROPOLITAN TRIALCOURT TO BE STATIONED AT THECITY OF NAVOTAS, METRO MANILA,AMENDING FOR THE PURPOSESECTION 14, PARAGRAPH (D) ANDSECTION 27 OF BATAS PAMBANSABLG. 129, OTHERWISE KNOWN AS"THE JUDICIARY REORGANIZATIONACT OF 1980," AS AMENDED, ANDAPPROPRIATING FUNDS THEREFOR,


Committee Report No. 101, submitted jointly by theCommittees on Justice and Human Rights; andFinance, on House Bill No. 4472, introduced byRepresentative Madrona, et ai, entitledAN ACT CREATING AN ADDITIONAL

BRANCH OF THE REGIONALTRIAL COURT TO BE STATIONEDA T THE MUNICIPALITY OFCAJlDIOCAN, ISLAND OF smUYAN,PROVINCE OF ROMBLON, AMEND-ING FOR THE PURPOSE SEC-TION 14, PARAGRAPH (E) OFBATAS PAMBANSA BLG. 129,OTHERWISE KNOWN AS "THEJUDICIARY REORGANIZATIONACT OF 1980," AS AMENDED, ANDAPPROPRIATING FUNDS THEREFOR,



SPECIAL ORDERUpon motion of Senator Sotto, there being noobjection, the Body approved the transfer of

Committee Report No. 99 on House Bill No. 4488from the Calendar for Ordinary Business to theCalendar for Special Orders.COMMITTEE REPORT NO. 99ON HOUSE BILL NO. 4488

Upon motion of Senator Sotto, there heing noobjection, the Body considered, on Second Reading,House Bill No. 4488 (Committee Report No. 99),entitled

AN ACT CREATING TWO (2) ADDI-TIONAL REGIONAL TRIAL COURTBRANCHES IN THE PROVINCE OFLAGUNA TO BE STATIONED ATSTA. ROSA CITY, AMENDING FORTHE PURPOSE SECTION 14, PARA-GRAPH (E) OF BATAS PAMBANSABLG. 129, OTHERWISE KNOWN AS"THE JUDICIARY REORGANIZA-TION ACT OF 1980," AS AMENDED,AND APPROPRIATING FUNDSTHEREFOR.

Pursuant to Section 67, Rule XXIII of the Rulesof the Senate, with the permission of the Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the insertion of its full textinto the Record of the Senate.

Thereupon, the Chair recognized SenatorEscudero, Sponsor of the measure.SPONSORSHIP REMARKSOF SENATOR ESCUDERO

Senator Escudero stated that House BillNo. 4488 seeks to create two additional branchesof the Regional Trial Court (RTC) in the Provinceof Laguna to be stationed in Sta. Rosa City.SUSPENSION OF CONSIDERATIONOF HOUSE BILL NO. 4488

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofthe bill.

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SPECIAL ORDERUpon motion of Senator Sotto, there being noobjection, the Body approved the transfer ofCommittee Report No. 100 on House Bill No. 4471from the Calendar for Ordinary Business to the

Calendar for Special Orders.COMMITTEE REPORT NO. 100ON HOUSE BILL NO. 4471

Upon motion of Senator Satta, there being noobjection, the Body considered, on Second Reading,House Bill No. 4471 (Committee Report No. 100),entitled

AN ACT CREATING THREE (3)ADDITIONAL BRANCHES OF THEREGIONAL TRIAL COURT ANDTW O (2) ADDITIONAL BRANCHESOF THE METROPOLITAN TRIALCOURT TO BE STATIONED ATTHE CITY OF NAVOTAS, METROMANILA, AMENDING FOR THEPURPOSE SECTION 14, PARA-GRAPH (D) AND SECTION 27 OFBATAS PAMBANSA BLG. 129,OTHERWISE KNOWN AS "THEJUDICIARY REORGANIZATIONACT OF 1980," AS AMENDED,AND APPROPRIATING FUNDSTHEREFOR.

Pursuant to Section 67, Rule XXIII of the Rulesof the Senate, with the permission ofthe Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the insertion of its full textinto the Record of the Senate.

Thereupon, the Chair recognized SenatorEscudero, Sponsor of the measure.SPONSORSHIP REMARKSOF SENATOR ESCUDERO

Senator Escudero stated that House BillNo. 4471 seeks to create two additional MeTC andRTC branches in the City of Navotas consideringthat only one MeTC has been organized thereinwhich has an average case load of 1,327. He saidthat without an RTC, cases in Navotas are broughtto the RTCs of Malabon and Valenzuela City whichhave five RTCs each.

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Senator Escudero said that by virtue of the bill,two MeTC and three RTC branches would becreated in the City of Navotas to lessen the currentcase loads in Malabon City and Valenzuela Citywhich stand at 3,954 and 4,304, respectively.SUSPENSION OF CONSIDERATIONOF HOUSE BILL NO. 4471

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofthe bill.SPECIAL ORDER

Upon motion of Senator Sotto, there being noobjection, the Body approved the transfer ofCommittee Report No. 101 on House Bill No. 4472from the Calendar for Ordinary Business to theCalendar for Special Orders.COMMITTEE REPORT NO. 101ON HOUSE BILL NO. 4472

Upon motion of Senator Sotto, there being noobjection, the Body considered, on Second Reading,House Bill No. 4472 (Committee Report No. 101),entitledAN ACT CREATING AN ADDITIONAL

BRANCH OF THE REGIONALTRIAL COURT TO BE STATIONEDAT THE MUNICIPALITY OFCAJIDIOCAN, ISLAND OF SIBUYAN,PROVINCE OF ROMBLON, AMEND-ING FOR THE PURPOSE SEC-TION 14, PARAGRAPH (E) OFBATAS PAMBANSA BLG. 129,OTHERWISE KNOWN AS 'THEJUDICIARY REORGANIZATIONACT OF 1980', AS AMENDED,AND APPROPRIATING FUNDSTHEREFOR.

Pursuant to Section 67, Rule XXIII of the Rnlesof the Senate, with the permission of the Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the insertion of its full textinto the Record of the Senate.

Thereupon, the Chair recognized SenatorEscudero, Sponsor of the measure. /r

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908SPONSORSHIP REMARKSOF SENATOR ESCUDERO

Senator Escudero stated that House Bill No. 4472seeks to create one RTC branch in the Municipalityof Cajidiocan in the Province of Romblon.

Senator Escudero averred that the creation ofthe said court was urgently requested and needed bythe local govermnent unit in view of the considerabledistance from the town's capital where the RTC islocated. He disclosed that per records, approximatelyP6.! million is needed to create one additional branchby way of MOOE and personnel salaries. Heexpressed hope that the Senate would act withdispatch as far as the creation of the said branch isconcerned.SUSPENSION OF CONSIDERATIONOF HOUSE BILL NO. 4472

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofthe bill.COMMITTEE REPORT NO. 93ON HOUSE BILL NO. 4736

(Continuation)Upon motion of Senator Sotto, there being no

objection, the Body resumed consideration, on SecondReading, of House Bill No. 4736 (Committee ReportNo. 93), entitled

AN ACT CONVERTING THE MUNICI-PALITY OF MABALACAT IN THEPROVINCE OF PAMPANGA INTOA COMPONENT CITY TO BEKNOWN AS MABALACAT CITY.

Senator Sotto stated that the parliamentary statuswas the period of interpellations.

Thereupon, the Chair recognized Senator Marcos,Sponsor of the measure.TERMINATION OF THE PERIODOF INTERPELLATIONS

There being no interpellation, upon motion ofSenator Sotto, there being no objection, the Bodyclosed the period of interpellations and proceededo the period of committee amendments.


COMMITTEE AMENDMENTSAs proposed by Senator Marcos, there being noobjection, the following committee amendments were

approved by the Body, one after the other:1. On page 1, line 7, after the word "City,"delete the phrase "which shall comprise thepresent territory of the Municipality of

Mabalacat, Province of Pampanga";2. On the same page, line 10, after the word"Pamp"nga," insert a period (.) and deletethe words "as follows" and the colon (:).thereafter;3. On page 2, delete terminal description startingwith line 2, page I up to line 21, page 12;4. On page 12, line 25, after the word "nnits"and the colon (:), delete the proviso

"Provided, the territorial jurisdiction of thedisputed area or areas shall remain with thelocal government unit which has existingadministrative supervision over said area orareas until the fmal resolution of the case";

5. On page 13, line 16, after the word "taxes,"insert the phrase FEES AND CHARGES;6. On page 14, lines 22 and 23, after the word"treasurer," delete the phrase "and anassistant city treasurer";7. On the same page, line 23, after the word"assessor," delete the phrase "and anassistant city assessor";8. Delete the phrase "a city environment andnatural" on line 27, page 14 up to line 2 ofpage 15;9. On page 15, line 3, after the word "appoint,"delete the phrase "a city building official"and in lieu thereof, insert the following:

ACITY ARCIDTECT, ACITY POPULA-TION OFFICER, A CITY ENVIRONMENTAND NATURAL RESOURCES OFFICER, ACITY INFORMATION OFFICER, A CITYCOOPERATIVES OFFICER, AND A CITYAGRICULTURIST.

10. On the same page, line 9, delete the phrase"The Mabalacat City" and in lieu thereof,insert the phrase SANGGUNIANG PAN-LUNGSOD;II. On the same page, line 22, insert the followingas subparagraph (f):

(I) ELECTIVE AND APPOINTIVE CITYOFFICIALS SHALL RECEIVE SUCH

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COMPENSATION, ALLOWANCESAND OTHER EMOLUMENTS ASMAYBE DETERMINED BY LAW ORORDINANCE, SUBJECT TO THEBUDGETARY LIMITATIONS ONPERSONAL SERVICES PRESCRIBEDUNDER TITLE FIVE, BOOK II OFTHE 1991 LOCAL GOVERNMENTCODE, AS AMENDED: PROVIDED,THAT, NO INCREASE IN COMPENSATION OF THE MAYOR, VICE MAYORAND SANGGUNIANG PANLUNGSODMEMBER SHALL TAKE EFFECTUNTIL AFTER THE EXPIRATION OFTHE FULL TERM OF THE SAIDLOCAL OFFICIALS APPROVINGSUCH INCREASE."

12. On the same page, line 26, between theconona (,) and the word "at," insert the phraseHE IS A CITIZEN OF THE PHILIPPINES;

13. On page 16, line 1, after the word "therein,"insert the phrase ABLE TO READ ANDWRITE FILIPINO OR ANY OTHER LOCALLANGUAGE OR DIALECT;

14. On the same page, line 2, between the comma(,) and the conjunction "and," insert thephrase BUT SHALL SERVE FOR NOT MORETHAN THREE (3) CONSECUTIVE TERMSIN THE SAME POSITION;

15. On page 17, line 3, after the word "employees,"insert the phrase WHOSE SALARIES ANDWAGES;

16. On the same page, line 15, after the article"the," change the word "office" to CITYHALL;

17. On page 18, lines 1 and 2, after the word"issued," delete the phrase "to the Office ofthe President an d the Office of the Secretaryof the DILG," and in lieu thereof, insert thephrase BY HIM TO THE PROVINCIALGOVERNOR;

18. On the same page, line 6, between the words"inhabitants" and "of," insert the phrasesfrWORMTHECOMPONENTBARANGAYOFFICIALS AND INHABITANTS;

19. On page 23, line 7, insert the word and figureTHREE (3) between the words "the" and"sectoral";

20. On the same page, line 9, delete the phrase"In addition thereto, there shall be three (3)sectoral representatives" and in lieu thereof,insert the phrase WHICH SHALL COMEFROM THE FOLLOWING SECTORS;

21. On the same page, line 13, insert the phraseINDIGENOUS CULTURAL COMMUNITIESafter the word "poor";

22. On page 27, line 20, insert the followingsubsection;(Xl) SUBJECT TO THE PROVISIONS OFBOOK II OF THE 1991 LOCAL GOVERN

MENT CODE, AS AMENDED, GRANTEXCLUSIVEPRIVllEGES INCONSTRUCT-ING FISH CORALS OR FISH PENS ORTHE TAKING OR CATCHING OFBANGUS FRY, PRAWN FRY ORKAWAG-KAWAG, OR FRY OF ANYSPECIES OR FISH WITHIN THE CITYWATERS;

23. Renumber th e succeeding subsectionsaccordingly;24. On page 30, line 21, after the word "green

belts," insert a comma (,) and the phrase;MANGROVES AND OTHER SIMILARFOREST DEVELOPMENT PROJECTS;

25. On page 41, line 9, insert the following assubsection (b):(b) IF A PERMANENT VACANCY OCCURS

IN THE OFFICE OF THE PUNONGBARANGAY, THE HIGHEST RANKINGSANGGUNL\NGBARANGAYMEMBEROR IN THE CASE OF HIS PERMANENTINABILITY, THE SECOND HIGHESTRANKING SANGGUNlANG MEMBERSHALL BECOME THE PUNONGBARANGAY;

26. Reletter th e succeeding subsectionsaccordingly;

27. On page 46, delete lines 8 to 25;.28. On page 48, line 6, delete the article "and"

and insert the following subsection;(11) ATIEND PERSONALLYOR THROUGH

AN AUTHORIZED REPRESENTATIVEALL SESSIONS OF THE LOCALBOARD OF ASSESSMENTS;

29. Renumber the succeeding subsectionsaccordingly;

30. On the same page, delete lines 10 to 23;31. On page 56, line 17, insert a comma (,) and

the word LAW after the word "administration";32. On page 57, between lines 5 and 6, insert the

following subsections:(2) ASSIST IN THE COORDINATION OF

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THE WORK OF ALL THE OFFICIALSOF THE LOCAL GOVERNMENT UNIT,UNDER THE SUPERVISION, DIREC-TION AND CONTROL OF THE CITYMAYOR, AND FOR THIS PURPOSE,HE MAY CONVENE THE CHIEFS OFOFFICES AND OTHER OFFICIALS OFTHE LOCAL GOVERNMENT UNIT;

(3) ESTABLISH AND MAINTAIN ASOUND PERSONNEL PROGRAM FORTHE LOCAL GOVERNMENT UNIT TOPROMOTE CAREER DEVELOPMENTANDUPHOLD THE MERIT PRINCIPLEIN THE LOCAL GOVERNMENTSERVICE;

(4) CONDUCT A CONTINUING ORGAN-IZA TIONAL DEVELOPMENT OF THELOCAL GOVERNMENT UNIT WITHTHE END IN VIEW OF INSTITUTINGEFFECTIVE ADMINISTRATIVEREFORMS;

33. Renumber th e succeeding subsectionsaccordingly,

34. On the same page, line 19, after the period (.l,insert the following paragraph: THE TERMOF THE LEGAL OFFICER SHALL BECOTERMINOUS WITH THAT OF HISAPPOINTING AUTHORITY;

35. On page 58, line 6,insert the followingsubsections,to wit:(3) REPRESENTTIlELOCALGOVERNMENT

UNIT IN AL L CIVIL ACTIONS ANDSPECIAL PROCEEDINGS WHEREINTIlE LOCAL GOVERNMENT UNIT ORANY OFFICIAL THEREOF, IN HISOFFICIAL CAPACITY, IS A PARTY:PROVIDED, THAT, IN ACTIONS ORPROCEEDINGS WHERE A COMPO-NENT CITY OR MUNICIPALITY IS APARTY ADVERSE TO THE PROVIN-CIAL GOVERNMENT ORTO ANOTIlERCOMPONENT CITY, A SPECIAL LEGALOFFICER MAYBE EMPLOYED TOREPRESENT THE ADVERSE PARTY;

(4) WHEN REQUIRED BY THE MAYOROR SANGGUNIAN PANLUNGSOD,DRAFT ORDINANCES, CONTRACTS,BONDS, LEASES AND OTHERINSTRUMENTS, INVOLVING ANYINTEREST OF THE LOCAL GOVERN-MENT UNIT; AN D PROVIDE COM-MENTS AN D RECOMMENDATIONSON ANY INSTRUMENTS ALREADYDRAWN;


(5) RENDER HiS OPINION IN WRITINGON ANY QUESTIONS OF LAW WHENREQUESTED TO DO SO BY THE CITYMAYOR OR SANGGUNIAN;

(6) INVESTIGATE OR CAUSE TO BEINVESTIGATEDANY LOCAL OFFICIALOR EMPLOYEE FOR ADMINISTRA-TIVE NEGLECT OR MISCONDUCT INOFFICE, AND RECOMMEND APPRO-PRIATE ACTION TO THE CITYMAYOR OR SANGGUNIAN, AS THECASE MAYBE;

(7) INVESTIGATE OR CAUSE TO BEINVESTIGATED ANY PERSON, FIRMOR CORPORATION HOLDING ANYFRANCHISE OR EXERCISING ANYPUBLIC PRIVILEGE FOR FAILURE TOCOMPLY WITH ANY TERM ORCONDITION IN THE GRANT OF SUCHFRANCHISE OR PRIVILEGE, ANDRECOMMENDING APPROPRIATEACTION TO THE CITY MAYOR ORSANGGUNIAN, AS THE CASE MAY BE;

(8) WHEN DIRECTED BY THE CITYMAYOR, OR SANGGUNIAN, INITIATEAND PROSECUTE IN THE INTERESTOF THE LOCAL GOVERNMENT UNITCONCERNEDANY CIVIL ACTION ONANY BOND, LEASE OR OTHERCONTRACT UPON ANY BREACH ORVIOLATION THEREOF;

(9) REVIEW AND SUBMIT RECOMMEND-ATIONS ON ORDINANCES APPROVEDAND EXECUTIVE ORDERS ISSUED BYCOMPONENT UNITS;


37. On page 59, line 7, insert the followingsubsections, to wit:(3) IDENTIFY THE BASIC NEEDS OF THE

NEEDY, THE DISADVANTAGED ANDTHE IMPOVERISHED AND DEVELOPAND IMPLEMENT APPROPRIATEMEASURES TO ALLEVIATE THEIRPROBLEMS AND IMPROVE THEIRLIVING CONDITIONS;

(4) PROVIDE RELIEF AND APPROPRIATECRISIS INTERVENTION FOR VICTIMSOF ABUSE AND EXPLOITATIONAND RECOMMEND APPROPRIATEMEASURES TO DETER FURTHERABUSE AND EXPLOITATIONS;

(5) ASSIST THE MAYOR, AS THE CASEMAYBE, IN IMPLEMENTING THE

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BARANGAYLEVEL PROGRAM FORTHE TOTAL DEVELOPMENT ANDPROTECTION OF CHILDREN UP TOSIX (6) YEARS OF AGE;

(6) FACILITATETHE IMPLEMENTATIONOF WELFARE PROGRAMS FOR THEDISABLED, ELDERLY AND VICTIMSOF DRUG ADDICTION, THE REHABILITATION OF PRISONERS ANDPAROLEES, THE PREVENTION OFJUVENILE DELINQUENCYAND SUCHOTHER ACTIVITIES WHICH WOULDELIMINATE AND MINIMIZE THE ILLEFFECTS OF POVERTY;

(7) INITIATE AND SUPPORT YOUTHWELFARE PROGRAMS THAT WILLENHANCETHE ROLE OF THE YOUTHIN NATION-BUILDING;

(8) COORDINATE WITH GOVERNMENTAGENCIESANDNON-GOVERNMENTALORGANIZATIONS WHICH HAVE FORTHEIR PURPOSE THE PROMOTIONAND THE PROTECTION OF ALLNEEDY, DISADVANTAGED, UNDERPRIVILEGED OR IMPOVERISHEDGROUPS OR INDIVIDUALS, PARTICULARLY THOSE IDENTIFIED TO BEVULNERABLE AND HIGH RISK TOEXPLOITATION,ABUSEANDNEGLECT;

38. Renumber the succeeding subsectionsaccordingly;39. On page 60, line 7, insert the following

subsections:(3) ADVISE THE CITY MAYOR AS THE

CASE MAY BE, ON ALL MATTERSPERTAINING TO THE SLAUGHTEROFANIMALS FOR HUMAN CONSUMPTION AND THE REGULATION OFSLAUGHTER HOUSES;

(4) REGULATE THE KEEPING OFDOMESTIC ANIMALS;

(5) REGULATE AND INSPECT POULTRY,MILK AND DAIRY PRODUCTS FORPUBLIC CONSUMPTION;

(6) ENFORCE ALL LAWS FOR THEPREVENTION OF CRUELTY TOANIMALS;

(7) TAKE THE NECESSARY MEASURESTO ERADICATE, PREVENT OR CUREALL FORMS OF ANIMAL DISEASES;


41. On the same page, line 26, change the wordand figure "three (3)" to FIVE (5);

42. On page 61, line 16, insert the followingsubsections:(4) WITH THE APPROVAL OF THE CITY

MAYOR, AS THE CASE MAYBE,ASSIGN BUILDING OR LAND SPACETO LOCAL OFFICIALS OR OTHERPUBLIC OFFICIALS, WHO BY LAWARE ENTITLED TO SUCH SPACE;

(5) RECOMMEND TO THE CITY MAYOR,AS THE CASE MA Y BE, THEREASONABLE RENTAL RATES FORLOCAL GOVERNMENT PROPERTIES,WHETHER REAL OR PERSONAL,WHICH WILL BE LEASED TO PUBLICORPRIVATEENTITIES BY THELOCALGOVERNMENT;(6) MAINTAIN AND SUPERVISE JANITORIAL, SECURITY, LANDSCAPINGAND OTHER RELATED SERVICES INALL LOCAL GOVERNMENT PUBLICBUILDINGS AND OTHER REALPROPERTY, WHETHER OWNED ORLEASED BY THE LOCAL GOVERNMENTUNIT;

(7) COLLATE AND DISSEMINATEINFORMATION REGARDING PRICES,SHIPPING AND OTHER COSTS ORSUPPLIES AND OTHER ITEMSCOMMONLY USED BY THE LOCALGOVERNMENT UNIT;

(8) PERFORM ARCHlY AL AND RECORDMANAGEMENT WITH RESPECT TOTHE RECORDS OF OFFICES ANDDEPARTMENTS OF THE LOCALGOVERNMENT UNIT;

(9) PERFORM ALL OTHER FUNCTIONSPERTAINING TO SUPPLY ANDPROPERTY MANAGEMENT HERETOFORE PERFORMED BY THE LOCALGOVERNMENT TREASURER ANDENFORCE POLICIES ON RECORDSCREATION, MAINTENANCE ANDDISPOSAL;

43. Renumber the succeeding subsectionsaccordingly;44. On page 62, line 24, insert the following

subsections, viz:(3) ESTABLISH, MAINTAIN, PROTECT

AND PRESERVE COMMUNALFOREST,WATERSHEDS, TREEPARKS,MANGROVES, GREENBELTS AND

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SIMILAR FOREST PROJECTS ANDCOMMERCIAL FORESTS LIKEINDUSTRIAL TREE FARMS ANDAGRO-FORESTRY PROJECTS;

(4) PROVIDE EXTENSION SERVICES TOTHE BENEFICIARIES OF FORESTDEVELOPMENT PROJECTS ANDTECHNICAL FINANCIAL INFRASTRUCTURE ASSISTANCE;

(5) MANAGE AND MAINTAIN SEEDBANKS AND PRODUCE SEEDLINGSFOR FOREST AND TREE PARKS;

(6) PROVIDE EXTENSION SERVICES TOBENEF1CIARIES OF FOREST DEVELOP-MENT PROJECTS AND RENDERASSISTANCE FOR NATURALRESOURCE RELATED CONSERVATION AND UTILIZATION ACTIVITIESCONSISTENT WITH ECOLOGICALBALANCE;

(7) PROMOTE THE SMALL-SCALEMINING AND UTILIZATION OFMINERAL RESOURCES, PARTICULARLYMINING OF GOLD;

(8) COORDINATE WITH GOVERNMENTAGENCIES AND NON-GOVERNMENTORGANIZATIONS IN THE IMPLEMENTATION OF MEASURES TOPREVENT AND CONTROL LAND, AIRAND WATER POLLUTION WITH THEASSISTANCE OF THE DEPARTMENTOF ENVIRONMENT AND NATURALRESOURCES;

46. Renumber the succeeding sectionsaccordingly;

47. On page 63, line 14, change the word andfigure "five (5)" to THREE (3);

48. On page 64, line 3, insert the followingsubsections:(3) PREPARE AND RECOMMEND FOR

CONSIDERATION OF THE SANGGUNlAN THE ARCHITECTURAL PLANAND DESIGN FOR THE LOCALGOVERNMENT UNIT OR A PARTTHEREOF, INCLUDING THE RENEWALOF SLUMS, BLIGHTED AREAS, LANDRECLAMATION ACTIVITIES, THEGREENING OF LAND AND APPROPRIATE PLANNING OF MARINE ANDFORESHORE AREAS;

(4) REVIEW AND RECOMMEND FORAPPROPRIATE ACTION OF THESANGGUNlANGOR THE CITY MAYOR


AS THE CASE MAYBE, THEARCHITECTURAL PLANS ANDDESIGNS SUBMITTED BY THEGOVERNMENTAL AND NONGOVERNMENTAL ENTITIES ORINDIVIDUALS, PARTICULARLYTHOSE FOR UNDERDEVELOPED ANDPOORLY DESIGNED AREAS;

(5) COORDINAT!, WITH GOVERNMENTAND NON-GOVERNMENT ENTITIESAN D INDIVIDUALS INVOLVED IN THEAESTHETICS- MAXIMUM UTILIZATION OF THE LAND AND WATERWITHIN THE JURISDICTION OF THEGOVERNMENT UNIT COMPATIBLEWITH ENVIRONMENTAL INTEGRITYAND ECOLOGICAL BALANCE;


50. On page 65, line 8, insert the followingsubsections:(3) PROVIDE RELEVANT, ADEQUATE

AND TIMELY INFORMATION TO THELOCAL GOVERNMENT UNIT AN D ITSRESIDENTS;

(4) FURNISH INFORMATION AN D DATAON LOCAL GOVERNMENT UNITS TOGOVERNMENT AGENCIES OROFF1CESAS MAY BE REQUIRED BY LAW ORORDINANCE AND NON-GOVERNMENTAL ORGANIZATIONS TO BEFURNISHED TO SAID AGENCIES ANDORGANIZATIONS;

(5) MAINTAIN EFFECTIVE LIAISONWITHTHE VARIOUS SECTORS OF THECOMMUNITY ON MATTERS ANDISSUES THAT AFFECT THE LIVELIHOOD AND THE QUALITY OF LIFEOF THE INHABITANTS, ANDENCOURAGE SUPPORT FORPROGRAMS OF THE LOCAL ANDNATIONAL GOVERNMENT;

51. Delete the entire Section 46; and52. Renumber the succeeding subsections

accordingly.TERMINATION OF THE PERIODOF COMMITTEE AMENDMENTS

There being no other committee amendment,upon motion of Senator Sotto, there being no objection,the Body closed the period of committee amendmentsand proceeded to the period of individual amendments.

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TERMINATION OF THE PERIODOF INDIVIDUAL AMENDMENTS

There being no individual amendment, upon motionof Senator Sotto, there being no objection, the Bodyclosed the period of individual amendments,SUSPENSION OF SESSION

Upon motion of Senator Sotto, the session wassuspended,

It was 10:15 a.m.RESUMPTION OF SESSION

At 10:21 a.m., the session was resumed.APPROVAL OF HOUSE BILL NO, 4736ON SECOND READING

Submitted to a vote, there being no objection,House Bill No. 4736 was approved on SecondReading.MANIFESTATION OF SENATOR LAPID

Senator Lapid thanked Senate President ProTempore Ejercito Estrada, Senator Marcos and MayorMorales for their efforts in ensuring the passage ofthe measure.SUSPENSION OF CONSIDERATIONOF HOUSE BILL NO. 4736

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofthe bill.MANIFESTATION OF SENATOR SOTTO

Senator Sotto said that most of the senators haveagreed with Senator Defensor Si\ntiago's proposal tohold legislative sessions from 9 a.m. to 12 noon onTuesdays and Wednesdays rather than on Mondaysand Tuesdays.

Asked by the Chair how the proposed schedulewould affect the Wednesday hearings of theCommission on Appointments (CA), Senator Sottosaid that the session could be moved to Thursdaymorning since the Members would be advised of theCA hearing by Tuesday.

913

Senator Cayetano (P) said that while she wasamenable to the suggestion, such an arrangementwould limit the Members from making theirappointments for the coming week since they wouldbe notified about the CA hearing only the day beforeit is held. She said that she preferred holding legislativesessions on Tuesdays and Thursdays so that theMembers would have one free day for their othercommitments or engagements.

However, Senator Sotto pointed out that theMembers would have ample time to plan theirschedule since the Members are advised of the CAhearing three days ahead.Responding to further comments, Senator Sottostated that the options were either to hold the

legislative sessions on Tuesdays and Wednesdays asproposed by Senator Defensor Santiago, or to schedulethe same on Tuesdays and Thursdays as suggestedby Senator Cayetano (P).Considering that the CA hearings do not start ontime and are not held every week, Senator Legardasuggested that the Senate continue holding legislativesessions on Wednesday mornings promptly at 9 a.m.but adjourn at 10:30 or 11 a.m. on days when CAhearings are scheduled so that senators have Thursdaymornings free for their speaking engagements oractivities. She added that as the caucus begins at

12 noon and the plenary is held at 1 p.m., the CAhearing could be adjourned by 2 p.m. in time for theimpeachment hearing. She believed that holdinglegislative sessions on consecutive days is importantfor the Senate to maintain momentum on itslegislative work.For his part, Senator Sotto believed that most ofthe senators agree to continue holding sessions onWednesdays rather than Thursdays as the legislative

session could be ended by II a.m. in the event of aCA hearing.SUSPENSION OF SESSION

Upon motion of Senator Sotto, the session wassuspended.It was 10:29 a.m.

RESUMPTION OF SESSIONAt 10:29 a.m., the session was resumed.

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MOTION OF SENATOR SOTTOUpon motion of Senator Satta, there being noobjection, the Body approved the proposal to holdlegislative sessions on Tuesday and Wednesday

mornings but end the Wednesday session at 11 a.m.in instances when a CA hearing would be conductedon the same day.

Senator Satto informed the Body that the newschedule will be implemented the following week.MANIFESTATION OF SENATOR SOTTO

As the long session and trial hours have been quitetaxing both on the senators and the Senate staff,Senator Satta urged the Members to consider SenatorArroyo's proposal for the impeachment court to endthe trial at five o'clock in the afternoon. He pointedout that compared to a regular court which normallyholds hearings once a month - or even once a weekif the judge is keenly interested in the case - theimpeachment court holds trials four times a week.

At this juncture, Senator Legarda said that notonly the legislative session, but even the impeachmenttrial should be held on time so that it could beadjourned at exactly six o'clock in the afternoon. Shesaid that the four hours allotted for the trial would beneeded considering that suspensions are also heldwithin the trial itself. However, Senator Satta pointedout that some of the older senators might find itdifficult to work for more than three hours.REMARKS OF SENATOR ARROYO

Preliminarily, Senator Arroyo noted that thesenators spend four hours every week for legislativework and 16 hours for the impeachment trial.However, he pointed out that Article III of theConstitution mandates the Senate primarily to workon legislation and policy. However, he noted thatalthough the Senate's function as an impeachmentcourt is but an incidental power of the Body toensure the accountability of public officers, the Senateis consuming more time for this exercise than for itslegislative responsibility. He proposed that the trial beshortened to three hours so that four hours could beallotted for the legislative sessions instead. Heexpressed concern over reports that the House ofRepresentatives was planning to file an impeachmentcomplaint against another justice considering that theresponsibility for trying the case would again bepassed on to the Senate.


To resolve the issue, Senator Sotto said that hewould not put the proposal into a motion but that hewould simply seek the permission of Senate PresidentEnrile to allow the trial to be ajourned at 5 p.m.MANIFESTATIONOF SENATOR CAYETANO (P)

For her part, Senator Cayetano (P) believed thatthe Senate would be able to accomplish more duringthe trial if he prosecution is prevented from employinggrandstanding tactics via its presentation of numerouswitnesses as these would only be a waste of thecourt's time. She pointed out that this action could becovered by the best evidence rule which has theintention of being able to present testimony whichhas more impact. Moreover, she believed that thecourt could save time and complete its bnsiness forthe day in only two hours.

Noting that Senate President Enrile has indicatedhis approval of the Senator Pia Cayetano's proposal,Senator Satta expressed his intention to present thesuggestion to the Prosecution and the Defense teams.POINT OF INFORMATIONOF SENATOR SOTTO

Senator Satta informed the Body ofthe Senate'saccomplishments for the 15 th Congress: Six (6) committee reports completed and three(3) bills approved on Third Reading fromJanuary 16-31,2012; 101 committee reports completed since July2011; and 33 bills approved on Third Reading since July2011.

BffiTHDAY GREETINGSAt this juncture, the Chair greeted SenateSecretary Emma Lirio-Reyes on the occasion of herbirthday.

COMMITTEE REPORT NO. 49ON SENATE BILL NO. 2865(Continuation)Upon motion of Senator Satta, there being noobjection, the Body resumed consideration, on SecondReading, of Senate Bill No. 2865 (Committee ReportNo. 49), entitled

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AN ACT PROVIDING FOR A NATIONALPOLICY ON REPRODUCTIVEHEALTH AND POPULATION ANDDEVELOPMENT.Senator Sotto stated that the parliamentary starus

was still the period of interpellations.Thereupon, the Chair recognized SenatorCayetano (P), Sponsor of the measure, and SenatorLegarda for the continuation of her interpellation.

INTERPELLATION OF SENATOR LEGARDA(Continuation)At the outset, Senator Cayetano (P) citedimportant provisions of the Reproductive Health (RH)

vis-a-vis the Magna Carta of Women, explaining thatthe Magna Carta ofWomen contains simple provisionsconcerning maternal care, like pre- and post-natalservices to address pregnancy and infant healthnutrition, while the RH measure was expanded, as itdelegated more specific responsibilities to differentsectors. She cited among the important provisions inthe RH bill, such as:a) Section 5, which refers to the hiring of skilledhealth professionals for maternal and skilledbirthing attendants, specifying the number of

health professionals based on the ratio ofI: 150 deliveries;b) Section 6, which requires the LGUs to ensure

that they have appropriate hospitals andfacilities, specifying one public and one privatehospital for CEMONC and BEMONC for apopulation of 500,000;

c) Section 8, which refers to maternal deathreview;She explained that it was difficult to source dataon whether women die as a result of maternal

health care complications like heart failure.d) Section 7, which refers to access to family

planning;e) Section 9, which refers to family planningsupplies as essential medicine; and,t) Section 10, which refers to procurement anddistribution of family planning supplies.

She maintained that compared to the MagnaCarta of Women, which was a special law for

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women with few provisions on reproductive health,the RH bill is more comprehensive as it also coversmale health concerns.Senator Legarda asked whether the hiring ofskilled health professionals for maternal health careand skilled birth attendants is also mandated in theMagna Carta of Women. She noted that under theRH bill, the Department of Health is mandated toassist in the hiring of midwives, caregivers, skilledhealth professionals for the maternal health care ofwomen not only in urban centers but also in remoteareas so that they will not rely on unskilled BHW swhich may cause maternal deaths and infections forchildren. Senator Cayetano (P) explained that theMagna Carta of Women is a special law for womenwhich contains simple one-liner provisions on

reproductive health, one ofwhich states that "maternalcare to include pre- and post-natal services to addresspregnancy and infant health nutrition"; on the otherhand, the RH bill is really meant to strengthen thereproductive health policy. To the specific question,she said that Section 5 of RH bill contains a twoparagraph provision on the specific need to hireskilled health professionals. She pointed out that theRH bill tries to break down general requirementsin the IRR of the Magna Carta of Women suchas the provision which states that "The LGU shallprovide sufficient number of skilled professionalsto attend to deliveries" because it is a special lawfor reproductive health.

On whether the RH bill requires a full-timeskilled health professional for every 150 deliveriesper year compared to the Magna Carta of Womenand its IRR which call for general provisions,Senator Cayetano (P) answered in the affirmative.Senator Legarda manifested her support for thisprovision in the RH bill, which had not been specified

in the Magna Carta of Women. She hoped thatthe provision could be highlighted as an importantprovision in the RH bill because divisive issuessuch as contraception and population control havebecome the focus of discussions and the source ofcontroversies concerning the measure. However, shebelieved that there would be a greater understanding of the RH bill if the discussion would he basedon other concerns such as the importance of safedelivery of expectant mothers in rural areas or theproblem of infant/child mortality because of the lackof skilled health workers.

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At this juncture, Senator Cayetano (P) advertedto Section 5 of the RH bill which provides that"people in the geographically isolated or highlypopulated and depressed areas shall not be neglected."She explained that the provision was a product ofthe experiences of many health advocates, NGOs,the DOH and people supporting the RH bill, whobelieve that while it is important to have one healthprofessional for every 150 deliveries, it is just asessential to have a skilled birth attendant available tosource the needs ofwomen in geographically isolatedareas. She affirmed that the provision also coveredareas populated by indigenous people. Senator Legardadisclosed that 12 million indigenous people like theMangyans of Mindoro and Yakans from Mindanaowho are hardly seen in urban areas, are not servedby the DOH.

Asked how the RH bill could serve the indigentwomen and families who live in remote areas whichcould only be reached by foot, Senator Cayetano (P)stated that the RH bill will ensure the availability ofthe very minimum number of health workers and themost accessible positioning of the health care center.She added that a more complicated and expensiveway to achieve a lower maternal death rate is for theDOH to follow the policy that every birth is consideredan "at risk" birth, making it imperative for pregnantwomen to see a health professional, to be monitoredcarefully or be near to a health facility like clinic orhospital. She acknowledged that this would requirea lot of planning because health care facilities wouldhave to be strategically planned and located so thatwomen would have access to them.

Senator Legarda stated that she has met morethan 100,000 barangay health workers (BHWs) allover the country, and she asked whether the RH billwould address the skills training needed by theseBHW . Senator Cayetano (P) replied in the affirm-ative, saying that the BHWs would have to eventuallyattend to other equally important health issues likecaring for senior citizens.

Senator Legarda expressed her intention topropose an amendment that would not only empowerand provide training for BHWs but also providethem with equipment to utilize or further enhancetheir skills so that they could be of more service toresidents in remote baranggays. Senator Cayetano(P) suggested that Senator Legarda offer proposalsto strengthen Section 14, which refers to capacity-building of barangay health workers.


Asked why the RH bill is needed for the DOHto actually perform such a mandate, Senator Cayetano(P) explained that there are many provisions in theRH bill which are supposed to be implemented by theDOH but the DOH is being hampered to fullyimplement them because of limited budget. Moreover,she said that removing one or two provisions that aresimilar to the Magna Carta of Women would makethe RH bill incomplete. She stated that the DOH has,in fact, been implementing the Maternal Neonataland Child Health and Nutrition Program (MNCHNP),which includes improving Birthing and EmergencyObstetric and Newborn Care, one of the manyprograms which were underfunded and undermanned.She hoped that the Body would support the RHmeasure and that the President would not veto anyof its provisions. Further, she disclosed that DOHSecretary Ona had admitted that while some of theagency's funds would be used to hire and train moremidwives, there were still other programs that needto be strengthened. She added that the DOH hasbeen receiving a lukewarm support from the LGUs,a concern that the RH bill would address by requiringthe LGUs to participate and support the reproductivehealth programs.

Adverting to Section 9, Senator Legarda askedfor the basis behind the classification of familyplanning supplies as essential medicines. She pointedout that the Generics Act, which institutionalized theconcept of essential drugs, provides that a NationalDrug Formulary shall be prepared and periodicallyupdated by the DOH on the basis of health conditionsobtained in the Philippines, as well as internationally-accepted criteria which shall consist of a core list ora complementary list.

Asked whether family planning supplies will formpart of the core list or contemporary list, SenatorCayetano (P) stated that the inclusion of familyplanning supplies as essential medicines is a practiceof the WHO which, for many decades, has providedinternational standards that serve as guide for thecountry. In addition, she informed the Body that theinclusion of family planning supplies as essentialmedicines would allow local government authoritiesto purchase these items.

Senator Legarda pointed out that RA 6675 defines"essential drug list" as a list of drugs prepared andperiodically updated by the Department of Healthon the basis of health conditions obtaining in thePhilippines and it shall consist of a core list and a

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complementary list. She said that "core list" is a listof medicines that meet the health care needs ofthe majority of the population that must thereforebe carried out by government agencies, while the"complementary list" is a list of alternative drugs thatmay be substituted when there is no response to thecore essential drug, for instance, when there is hyper-sensitivity reaction to the core essential drug, or forone reason or another, the core essential drug cannotbe given. She asked whether family planning suppliesare included in the core list according to the WHOclassification under the subgroup of contraceptives,Senator Cayetano (P) replied in the affirmative.

On whether the proposed classification offamily planning supplies under the bill is consistentwith the WHO model list of essential medicines andin conformance with international standards as perexisting guidelines given that the law requires that theformulation of such a list must be based on internationally-accepted criteria, Senator Cayetano (P)replied in the affirmative.

Asked what international standards were usedas basis in making such classification, SenatorCayetano (P) replied that when the DOH considersthe recommendations of the WHO, the assumptionis that these recommendations were based onextensive studies, and based on her own research,the WHO's essential medicines are those that satistythe priority health care needs ofFilipinos. She addedthat medicines are selected with due regard to publichealth, relevance evidenced on efficacy and safety,and comparative cost effectiveness. She said thatthe WHO defines "essential medicines" as those thatare intended to be available within the context offunctioning health systems at all times in adequateamounts, in the appropriate dosage forms, with assuredquality and adequate information, and at a price theindividual and the community can afford.

Asked which Asian countries have conformedto the WHO list of essential medicines, SenatorCayetano (P) cited, among others, China, Malaysiaand Thailand. She recalled that in previous interpellations, it was discussed that almost all countriesadhere to the WHO recommendation, they havenational policies on reproductive health, and theyhave a very wide access to reproductive healthsupplies and medicines. She rued that the Philippinesis one of the few countries which have yet to classitycontraceptives and other family planning suppliesas essential medicines which are recommended

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by the WHO. She affirmed that in most Asiancountries, family planning supplies are readily available and considered as essential medicines underthe core list of the WHO.Senator Cayetano (P) stated that family planning

supplies are available in the Philippines but these arenot accessible to many particularly the poor. Thisinaccessibility, she said, shall be addressed by the billby making supplies accessible based on that beingqualified as essential medicines.Senator Legarda requested that she be providedwith a matrix or report on the Asian countries that

have actually listed family planning supplies as essentialmedicines under the core list based on official documents from the WHO that specifically define a corelist and a complementary list. She said that she wouldlike to understand the process of selecting the coreand complementary list in Asian countries, regardlessof religion and belief in a particular country, and atthe same time complying with the WHO standards.

Nevertheless, Senator Legarda stated that sheknew of several Asian countries that have recentlyincluded family planning supplies in their essentialdrug list (EDL) and they are: Bangladesh which revised its EDL in 2008 by

including condoms and oral contraceptives; Nepal whose EDL contains injectable, IUDs,condoms and implantable contraceptives;

India which listed condoms, hormonal and copperIUDs in their EDL; Malaysia which included contraceptives but notcondoms; and Pakistan whose EDL has a wide array ofcontraceptives including condoms.

She pointed out that the EDL could provide aclearer understanding of the nuances in the adoptionof the WHO list in various countries.

Senator Cayetano (P) posited that particularcountries have their own national policies on howthey approach their family planning needs. In thePhilippines, she pointed out that accepting a nationalpolicy on family planning has become very difficultbecause of very strong opposition from religiousgroups. She said that the Committee has taken amore liberal approach by providing every LGU,private practitioner, individual and family a wider

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variety of contraceptives to choose from. She believedthat it would be simpler for the country to have oneor two contraceptives in its essential drugs list butsimplicity, she rued, is not always the answer becausethere are very strong views on this issue. She positedthat it would be best for the Filipinos to have a widerselection of family planning supplies that would suittheir needs.

Asked on the process for inclusion in the NationalDrug Fonnulary, Senator Cayetano (P) stated thatthe National Drug Committee shall review all thedrugs and decide what medicines would be includedin the EDL. She believed that it should be the policyof the government to allow individuals to make theirchoice. Senator Legarda observed that currently,only hormonal contraceptives are included in theNational Drug Formulary but not all family planningsupplies are included in the bill.

Asked if all family planning supplies arealready classified as essential medicines, SenatorCayetano (P) replied in the affirmative, as sheclarified that among those listed in the NationalDrug Formulary are progestin and hormonalcontraceptives. She explained that while IUDs andcondoms are considered essential family planningsupplies, these were not included in the NationalDrug Formulary because technically, they aredevices and not medicines.

On whether the bill seeks to include IUDs andcondoms as essential family planning supplies, SenatorCayetano (P) believed that it was not necessary tomake any distinction between what is considered tobe a medicine or a device. She acknowledged thatthe bill may need to be amended to ensure that thereis no confusion regarding these items that are not inthe National Drug Formulary not because they arenot recommended by DOH and WHO, but becausethey fall under a different classification based onexisting technical definitions.

Asked which agency reviews, recommends,deletes, purchases the list of essential medicines forthe National Drug Formulary, Senator Cayetano (P)replied that it is the Food and Drug Administration.

Upon further query, Senator Cayetano (P) statedthat the guidelines that detennine which medicineswould be included or deleted from the NationalFonnulary as essential medicines are being reviewedannually.


Senator Legarda remarked that existing guidelinesrequire that the development and updating of theNational Drug Formulary strictly follow the algorithmfor deletion and addition of medicines. She said thatthe National Drug Information Center (NOIC) wouldhave to evaluate the efficacy and safety of themedicines before a medicine may be included in thelist. She asked whether the National Drug InfonnationCenter (NOIC) still exists under the newly createdFDA and is still part of the DOH. Senator Cayetano (P)said that under the new law, the National FormularyCommittee (NFC) regularly reviews the list of medicines.

Senator Legarda noted that the NFC undertakesthe review through a series of consultations anddeliberation meetings with the academe, medicalschools, experts from the Philippine MedicalAssociation, specialty hospitals, private hospitals,government institutions and with inputs frompharmaceuticals and all stakeholders.

Asked if these were conducted to determinewhether family planning supplies indeed qualifYas essential medicines as contemplated by theGenerics Act and internationally-set standards,Senator Cayetano (P) replied that the consultationsarrived at a conclusion that IUDs and condoms arenot technically defined as medicines.

To the observation that the inclusion in the billof the IUD or condom as an essential medicinewould overtake the review process of the NationalDrug Fonnulary, Senator Cayetano (P) explainedthat Section 9 does not seek to take over theresponsibilities of the National Drug Formulary;rather, it was included to establish the fact that thesemedicines should be part of the formulary withoutshortening its normal procedures. She said that whilethe Committee considers these supplies as essentialcomponent medicines for family planning, it doesnot intend to overstep the duties and functions ofthe National Drug Formulary.

Senator Legarda believed that medical expertssuch as doctors, skilled health professionals, and theacademe would be in a better position to detenninethe importance of these supplies considering themassive health requirements of the country. Sheclarified that she was not saying that the lawmakersare inadequate or incompetent to decide on thematter but that experts would be in a better positionto do so since they comprise the Committee thatdeliberates the items on the essential medicines list., r

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Senator Cayetano (P) acknowledged thatlegislators do not have the training and expertise tomake determination on medical matters, but sheclarified that the intent is merely to ensure that theagencies tasked under the Constitution to provide forthe family planning health care needs of the peoplewill do their job. Moreover, she pointed out that thelast sentence of Section 9 provides for the removalof any product that has been determined to be illegaland ineffective. She reiterated that the determinationshould be left to the experts and that she would notwant members of Congress to impose their personalviews on what should be considered as essentialmedicines. What was important, she stressed, is thatreproductive health is recognized as an importantcomponent of health.

Senator Legarda expressed her intention topropose an amendment to Section 9 because it doesnot clearly state that the NDF's process for reviewingand updating its "essential medicines" list wouldbe followed. Senator Cayetano (P) welcomed theproposal, adding that her committee does not wantto make it seem as if legislators would be dictatingwhich medicines could be included in the list.

Senator Legarda said that the proposed amendment would show that Congress was not taking onthe role of the medical practitioners who are part ofthe Committee that evaluates and determines whichshould be included in the essentials medicines list tobe carried by the National Drug Formulary.

Senator Cayetano (P) remarked that offhand, theamendment could be worded as "The National DrugFormulary shall include family planning supplies" toestablish the fact that the supplies should be includedin the list but that the National Drug Formulary woulddetermine which items could be added.

Senator Legarda added that it should be preparedthrough a process that is participative and deliberativeand in coordination or respecting existing laws. Shesaid that she will provide the amendment at theproper time.ACKNOWLEDGMENTOF THE PRESENCE OF GUESTS

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

Ms. Ulrika Carlsson, member of the

Swedish Parliament and chair of theCross Party Children Rights Group; Mr, Morgan Johansson, Member of theSwedish Parliament and Chair of theCommittee on Justice; Ms. Elisabeth Dahlin, Secretary General

of Save the Children Sweden; Staffan Janson, Professor of theUniversity of Karstad, Sweden; Mr. Sven Malmberg, Minister of theEmbassy of Sweden to the Philippinesand; Officers of Save the Children Philippines

and the Philippine Legislators' Committeeon Population and Development(PLPCD).

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Senate President Pro Tempore Ejercito Estradawelcomed the guests to the Senate.INTERPELLATION OF SENATOR LEGARDA(Continuation)

Asked whether Section 10 (Procurement andDistribution of Family Planning Supplies) refers tofunding which is over and above the PDAF oflegislators and the IRA of local goverrnnent officials,Senator Cayetano (P) said that Section 10 seeks toincrease the budget of the DOH to allow for theprocurement of family planning supplies. She saidthat the recent budget deliberations showed thatthere was still a need to increase the budget of theDOH especially for the needs of the poor, and thebill seeks to procure more medical and health caresupplies as well as supplement the budgets of thelocal governments.

Moreover, she believed that it is the responsibilityof every LGU to effectively provide for basic healthcare but through a support system wherein the budgetsof the poorer LGUs from the fifth, fourth and thirdclass municipalities can be supplemented.

Asked if this is an additional IRA for LGUs andadditional PDAF for congressmen, Senator Cayetano(P) explained that the funds would be included inthe budget of the DOH, and since the DOH hasalready geographically identified the areas with theseunmet need, it must work with the LGUs for theplanning and implementation of the procurement anddistribution program.

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Asked on the current level of health expenditurein the Philippines compared to the WHO-recommended expenditure level, Senator Cayetano(P) replied that while WHO recommends that 5% ofthe country's GNP should be allocated for healthcare, the Philippines only spends 2% to 3% everyyear which is way below the recommended healthcare expenditures. She said that while she welcomedthe latest increase in the DOH's budget, there werestill a lot of unmet needs especially with regard toreproductive health.MANIFESTATION OF SENATOR SOTTO

At this point, Senator Sotto requested that theinterpellations be scheduled for next Wednesday,February 8, 2012, because the Body has to preparefor the impeachment trial court at two o'clockin the afternoon.SUSPENSION OF CONSIDERATIONOF SENATE BILL NO. 2865

Upon motion of Senator Sotto, there beingno objection, the Body suspended considerationof the bill.


ADJOURNMENT OF SESSIONUpon motion of Senator Sotto, there being noobjection, the Senate President Pro Tempore declared

the session adjourned until nine o'clock in the morningof Tuesday, February 7, 2012.

It was 11:40 a.m.

I hereby certify to the correctness of theforegoing.

Approved on February 7, 2012

Documents

No. 48 January 31, 2012