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REPUBLIC OF THE PHILIPPINES

Senat:e
Pasay City

Journal
SESSION NO. 3
Monday, August 1,2011

FIFTEENTH CONGRESS
SECOND REGULAR SESSION

SESSION NO. 3 Monday, August 1,2011

CALL TO ORDER
At 3:06 p.m., the Senate President, Hon. Juan Ponce Enrile, called the session to order.

PRAYER
Sen. Joker P. Arroyo led the prayer, to wit: Good Lord, we praise You for Your majesty and we thank You for all our blessings and the food on our tables and the shelter above us; Keep this country in Your care and bless us with Your grace and wisdom in everything that we do and say; Bless th is Senate with Your love and guidance; And protect us all from harm and evil. Amen.

Arroyo, J. P. Cayetano, P. S. Defensor Santiago, M. Drilon, F. M. Ejercito Estrada, J. Enrile, J. P. Escudero, F. J. G. Guingona III, T. L. Honasan, G. B.

Lacson, P. M. Lapid, M. L. M. Legarda, L. Osmefia III, S. R. Recto, R. G. Revilla Jr., R. B. Sotto III, V. C. Zubiri, J. M. F.

With 17 senators present, the Chair declared the presence of a quorum. Senators Angara, Cayetano (A), Marcos, Pangilinan, Trillanes and Villar arrived after the roll call.

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.2 (July 26, 2011) and considered it approved.

NATIONAL ANTHEM
The Senate Choir led the singing of the national anthem and thereafter rendered the song, entitled

At this juncture, Senate President Enrile relinquished the Chair to Senate President Pro Tempore Ejercito Estrada.
ACKNOWLEDGMENT OF THE PRESENCE OF GUESTS
At this juncture, Senator Satta acknowledged the presence in the gallery of the following guests: Sixteen barangay chairmen from Lopez,

[bong Kakanta-kanta.
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:

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Quezon headed by Councilor Yvonne Sylvia Mascardo; Members of the following women's groups: Apelo Women's Health; Democratic Socialist Women; Pilak Manila; Rosas ng Maynila, Zone I, Tondo; Alliance of Young Nurse Leaders and Advocates; Catholics for Reproductive Health; Creative Collective Center; Forum for Family Planning; Likhaan Youth Consortium; the LPCD; Piglas Kababaihan; and, Residents and officials of various barangays in Tondo, Manila.

AREAS WITHIN THE CITY OF BISLlG, SURIGAO DEL SUR AS A PROTECTED AREA UNDER THE CATEGORY OF PROTECTED LANDSCAPE PURSUANT TO REPUBLIC ACT NO. 7586, OTHERWISE KNOWN AS THE "NATIONAL INTEGRATED PROTECTED AREAS SYSTEM ACT OF 1992," PROVIDING FOR ITS MANAGEMENT AND FOR OTHER PURPOSES

To the Committees on Environment and Natural Resources; and Finance


House Bill No. 4729, entitled AN ACT CONVERTING THE MUNICIPALITY OF IMUS IN THE PROVINCE OF CA VITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF IMUS

Senate President Pro Tempore Ejercito Estrada welcomed the guests to the Senate.

REFERENCE OF BUSINESS
The Secretary of the Senate read the following matters and the Chair made the corresponding referrals:

MESSAGES FROM THE HOUSE OF REPRESENTATIVES


Letter from the Secretary General of the House of Representatives, informing the Senate that on 6 June 20 II, the House of Representatives passed the following House bills in which it requested the concurrence of the Senate: House Bill No. 4692, entitled AN ACT REGULATING THE PRACTICE OF ENVIRONMENTAL PLANNING, REPEALING FOR THE PURPOSE PRESIDENTIAL DECREE NUMBERED ONE THOUSAND THREE HUNDRED AND EIGHT, ENTITLED "LAW REGULATING THE ENVIRONMENTAL PLANNING PROFESSION IN THE PHILIPPINES," AND FOR OTHER PURPOSES

To the Committees on Local Government; and Constitutional Amendmeuts, Revision of Codes and Laws
House Bill No. 4730, entitled AN ACT CONVERTING THE MUNICIPALITY OF BACOOR IN THE PROVINCE OF CAVITE INTO A COMPONENT CITY TO BE KNOWN AS THE CITY OF BACOOR

To the Committees on Local Government; and Constitutioual Amendments, Revision of Codes and Laws
and House Bill No. 4736, entitled AN ACT CONVERTING THE MUNICIPALITY OF MABALACAT IN THE PROVINCE OF PAMPANGA INTO A COMPONENT CITY TO BE KNOWN AS MABALACA T CITY

To the Committees on Civil Service and Government Reorganization; and Finance


House Bill No. 4705, entitled AN ACT DECLARING THE TINUY -AN FALLS AND ITS WATERSHED

To the Committees on Local Government; and Constitutional Amendments, Revision of Codes and Laws
Letter from the Secretary General of the House of Representatives, infonning the Senate that on

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7 June 2011, the House of Representatives adopted House Concurrent Resolution No. II, entitled CONCURRENT RESOLUTION CONFIRMING THE AUTHORITY CONFERRED BY LAW UPON THE SENATE PRESIDENT AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES TO FIX AND DETERMINE THE SALARIES, ALLOWANCES AND OTHER BENEFITS OF OFFICIALS AND EMPLOYEES OF THE SENATE AND THE COMMISSION ON APPOINTMENTS, AND THE HOUSE OF REPRESENTATIVES, RESPECT(VEL Y, AND TO DETERMINE AND ADDRESS THE BUDGETARY REQUIREMENTS OF THEIR RESPECTIVE PERSONNEL, COMMITTEES AND SERVICE UNITS AS THEY MAY DEEM TO BE IN THE BEST INTEREST OF THE SERVICE, SUBJECT TO THE LIMITATIONS SET BY THE CONSTITUTION AND THE GENERAL APPROPRIATIONS ACT, in which it requested the concurrence of the Senate.

AN ACT RATIONALIZING THE NIGHTWORK PROHIBITION ON WOMEN WORKERS, THEREBY AMENDING ARTICLES 130 AND 131 OF PRESIDENTIAL DECREE NUMBER FOUR HUNDRED FORTY-TWO (PO 442), AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES.

To the Archives
Letter from the Secretary General of the House of Representatives, informing the Senate that on 8 June 20 II, the House of Representatives adopted House Concurrent Resolution No. 12, entitled CONCURRENT RESOLUTION PROVIDING FOR THE ADJOURNMENT OF THE FIRST REGULAR SESSION OF THE FIFTEENTH CONGRESS OF THE PHILIPPINES NOT LATER THAN TWELVE O'CLOCK, MIDNIGHT TODAY, WEDNESDAY, 8 JUNE 2011, in which it requested the concurrence of the Senate.

To the Archives To the Archives

BILLS ON FIRST READING


Letter from the Secretary General of the HOuse of Representatives, informing the Senate that on 8 June 20 II, the House of Representatives approved the Conference Committee Report on the disagreeing provisions of Senate Bill No. 138 and House Bill No. 4393, entitled AN ACT PROVIDING FOR MANDATORY BASIC IMMUNIZATION SERVICES FOR INFANTS AND CHILDREN, REPEALING FOR THE PURPOSE PO 996, AS AMENDED. Senate Bill No. 2872, entitled AN ACT DEFINING THE ROLE OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) AND THE LOCAL GOVERNMENT UNITS (LGUs) ON THE ESTABLISHMENT AND OPERATION OF THE PUBLIC EMPLOYMENT SERVICE OFFICE (PESO), AND THE OPERATION OF JOB PLACEMENT OFFICE IN SUC AND NGO, AMENDING FOR THE PURPOSE SECTIONS 3, 6, 7 AND 9 OF REPUBLIC ACT NO. 8759, OTHERWISE KNOWN AS PUBLIC EMPLOYMENT SERVICE OFFICE ACT OF 1999 Introduced by Senator Ejercito Estrada

To the Archives
Letter from the Secretary General of the House of Representatives, informing the Senate that on 8 June 2011, the House of Representatives adopted Senate Bill No. 270 I as an amendment to House Bill No. 4276, entitled

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To the Committees on Labor, Employment and Human Resources Development; Local Government; and Finance
Senate Bill No. 2873, entitled AN ACT ALLOCATING FUNDS FROM THE SPECIAL EDUCATION FUND FOR THE PROGRAMS OF THE DEPARTMENT OF EDUCATION GEARED TOWARDS THE ADVANCEMENT OF THE INTERESTS OF CHILDREN WITH SPECIAL NEEDS Introduced by Senator Cayetano (A. P.)

Senate Bill No. 2877, entitled AN ACT ESTABLISHING A FRAMEWORK FOR RESPONSIBLE AND ACCOUNT ABLE TRADE NEGOTIATIONS BY CREATING THE PHILIPPINE TRADE REPRESENTATIVE OFFICE, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSES Introduced by Senator Guingona III

To the Committees on Trade and Commerce; Foreign Relations; and Finance


Senate Bill No. 2878, entitled AN ACT AUTHORIZING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES TO LOWER THE RATE OF VALUE ADDED TAX TO TEN PERCENT (10%) AND INCREASING THE THRESHOLD FOR CERTAIN NON-VAT TAXPA YERS, AMENDING FOR THE PURPOSE SECTIONS 106 (A), 107 (A), 108 (A), 109, AND 236 OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED BY REPUBLIC ACT NO. 9337 Introduced by Senator Recto

To the Committees on Education, Arts and Cnlture; Yonth, Women and Family Relations; and Finance
Senate Bill No. 2874, entitled AN ACT PROVIDING FOR PROGRAMS THAT PROMOTE THE WELFARE AND DEVELOPMENT OF THE PHILIPPINE NATIONAL POLICE (PNP) AND THE ARMED FORCES OF THE PHILIPPINES (AFP) PERSONNEL THROUGH THE ENHANCEMENT OF RECREATIONAL AND HEALTH FACILITIES IN THE POLICE AND MILITARY CAMPS AND PROVIDING FUNDS THEREFOR Introduced by Senator Cayetano (A. P.)

To the Committee on Ways and Meaus


Senate Bill No. 2879, entitled AN ACT INCREASING THE CEILING OF THE 13 TH MONTH PAY, CHRISTMAS BONUS AND OTHER BENEFITS EXCLUDED FROM THE COMPUTATION OF GROSS INCOME FOR THE PURPOSES OF INCOME TAXATION, AMENDING FOR THE PURPOSE SECTION 32 (B), CHAPTER VI OF THE NATIONAL INTERNAL REVENUE CODE OF 1997, AS AMENDED Introduced by Senator Recto

To the Committees on Public Order and Dangerous Drugs; National Defense and Security; Ways and Means; and Finance
Senate Bill No. 2876, entitled AN ACT PROVIDING FOR AN INDIGENTS MEDICAL ASSISTANCE FUND IN EVERY REGIONAL OFFICE OF THE DEPARTMENT OF HEALTH FOR THE BENEFIT OF INDIGENT PATIENTS IN PUBLIC HOSPITALS Introduced by Senator Cayetano (A. P.)

To the Committees on Health and Demography; Social Justice, Welfare and Rural Developmeut; Ways and Means; and Finance

To the Committee on Ways and Means

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Senate Bill No. 2880, entitled AN ACT GRANTING UNIVERSAL MATERNITY LEAVE BENEFITS TO WOMEN IN GOVERNMENT SERVICE

Senate Bill No. 2884, entitled AN ACT CREATING THE PHILIPPINE SOYBEAN AUTHORITY TO PROMOTE THE CULTIVATION, PRODUCTION, PROCESSING, MARKETING AND DISTRlBUTION OF SOYBEAN (GLYCINE MAX) AND SOYBEAN PRODUCTS, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES Introduced by Senator Marcos Jr.

Introduced by Senator Villar

To the Committees on Civil Service and Government Reorganization; and Yonth, Women and Family Relations
Senate Bill No. 2881, entitled AN ACT RELAXING AND LIBERALIZING THE LIMITS ON ACCESS TO PRINT SPACE AS WELL AS TV AND RADIO TIME OF POLITICAL PARTIES AND CANDIDATES DURING THE ELECTION CAMPAIGN THEREBY AMENDING SECTION 6 OF REPUBLIC ACT NO. 9006, OTHERWISE KNOWN AS THE FAIR ELECTION ACT Introduced by Senator Trillanes IV

To the Committees on Agriculture and Food; and Finance


Senate Bi1l No. 2885, entitled AN ACT MANDATING THE COMMISSION ON HIGHER EDUCATION (CHED) TO INCLUDE A THREE (3) UNITS SUBJECT FOR THE STUDY OF CLIMATE CHANGE AS PART OF THE CURRICULA FOR ALL COURSES IN THE TERTIARY EDUCA nON AND FOR OTHER PURPOSES Introduced by Senator Marcos Jr.

To the Committee on Constitutional Amendments, Revision of Codes and Laws


Senate Bill No. 2882, entitled AN ACT TO PROHIBIT ANIMAL CRUSH VIDEO, AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF Introduced by Senator Villar

To the Committees on Education, Arts and Culture; and Climate Change


Senate Bi1l No. 2886, entitled AN ACT PROVIDING FOR THE SPECIAL PROTECTION OF CHILDREN IN SITU A nONS OF ARMED CONFLICT AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF

To the Committees on Pnblic Information and Mass Media; and Agricnltnre and Food
Senate Bill No. 2883, entitled AN ACT INCREASING PENSIONS UNDER THE SOCIAL SECURITY SYSTEM, AMENDING FOR THE PURPOSE SECTION 12 OF R. A. 1161, AS AMENDED Introduced by Senator Villar

Introduced by Senator Marcos Jr.

To the Committees on Youth, Women and Family Relations; National Defense and Security; and Finance
Senate Bill No. 2887, entitled AN ACT TO FURTHER STRENGTHEN THE PROTECTION OF UNBORN

To the Committee on Government Corporations and Puhlic Enterprises

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CHILD FROM ABORTION AND OTHER ABORTIVE ACTS, AMENDING FOR THE PURPOSE ARTICLES 256, 257, 258 AND 259 OF THE REVISED PENAL CODE, AND FOR OTHER PURPOSES Introduced by Senator Villar

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AND AGGRAVATED ASSAULT USING A LASER DEVICE AND IMPOSING PENAL TIES THEREON Introduced by Senator Trillanes IV

To the Committee on Constitutional Amendments, Revision of Codes and Laws


Senate Bill No. 2889, entitled AN ACT EARMARKING THE ENTIRE PHILIPPINE CHARITY SWEEPSTAKES OFFICE CHARITY FUND FOR UNIVERSAL HEALTH CARE COVERAGE AND FOR OTHER PURPOSES, THEREBY AMENDING REPUBLIC ACT NO. 1169, AS AMENDED BY BATAS PAMBANSA BLG.42 Introduced by Senator Recto

To the Committees on Health and Demography; and Yonth, Women and Family Relations COMMITTEE REPORT
Committee Report No. 51, prepared and submitted by the Committee on Civil Service and Government Reorganization, on Senate Bill No. 2875, with Senators Revilla Jr., Pangilinan, Zubiri, Trillanes IV, Legarda and Ejercito Estrada as authors thereof, entitled AN ACT PROVIDING FOR SECURITY OF TENURE FOR ALL CASUAL AND CONTRACTUAL EMPLOYEES OF THE GOVERNMENT WHO HAVE RENDERED AT LEAST FIVE (5) YEARS OF CONTINUOUS SERVICE IN THE CASE OF NATIONAL GOVERNMENT AGENCIES AND TEN (10) YEARS OF CONTINUOUS SERVICE IN THE CASE OF LOCAL GOVERNMENT UNITS AND FOR OTHER RELATED PURPOSES, recommending its approval in substitution of Senate Bill Nos. 27, 148, 161,418, 1400 and 2386. Sponsor: Senator Trillanes IV

To the Committees on Government Corporations and Public Enterprises; and Health and Demography
Senate Bill No. 2890, entitled AN ACT AUGMENTING THE PHILHEALTH FUND FOR UNIVERSAL HEALTH CARE COVERAGE THROUGH THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE CHARITY FUND AND FOR OTHER PURPOSES, THEREBY AMENDING REPUBLIC ACT NO. 1169, AS AMENDED BY BATAS PAMBANSA BLG.42 Introduced by Senator Recto

To the Calendar for Ordinary Business ADDITIONAL REFERENCE OF BUSINESS


The Deputy Secretary for Legislation, Atty. Edwin B. Bellen, read the following matters which the Chair referred to the committees hereunder indicated:

To the Committees ou Government Corporations and Public Enterprises; and Health and Demography
Senate Bill No. 2891, entitled

BILLS ON FIRST READING


Senate Bill No. 2888, entitled AN ACT DEFINING THE OFFENSES OF ASSAULT USING A LASER DEVICE AN ACT ALLOCATING SEVENTY PERCENT (70%) OF THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE CHARITY FUND FOR UNIVERSAL HEALTH CARE

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COVERAGE AND FOR OTHER PURPOSES, THEREBY AMENDING REPUBLIC ACT NO. 1169, AS AMENDED BY BATAS PAMBANSA BLG.42 Introduced by Senator Recto

FRAUD, DEFINING ITS POWERS AND FUNCTIONS, WITH THE END IN VIEW OF MAKING RECOMMENDA TIONS ON WHO TO RECOGNIZE AS THE TRUE FIFTEENTH PRESIDENT OF THE REPUBLIC Introduced by Senator Escudero

To the Committees on Government Corporations and Public Enterprises; and Health and Demography
Senate Bill No. 2892, entitled

To the Committees on Constitutioual Amendments, Revision of Codes and Laws; and Finance
Proposed Senate Resolution No. 517, entitled

AN ACT INSTITUTIONALIZING A JUST AND EQUITABLE DISPOSITION OF THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE CHARITY FUND, AMENDING FOR THAT PURPOSE SECTION 6 OF REPUBLIC ACT NO. 1169, AS AMENDED Introduced by Senator Escudero

RESOLUTION DIRECTING THE PROPER SENATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE REPORTED RAMPANT IMPORTATION OF SUGAR PREMIXES TO EVADE THE PAYMENT OF TARIFFS ON SUGAR Introduced by Senator Zubiri

To the Committees ou Government Corporations and Public Enterprises; and Health aud Demography RESOLUTIONS
Senate J oint Resolution No. 10, entitled JOINT RESOLUTION EXTENDING THE GRANT OF ADDITIONAL COMPENSATION IN THE FORM OF SPECIAL ALLOWANCES FOR THE MEMBERS OF THE NATIONAL PROSECUTION SERVICE AND STATE COUNSELS IN THE DEPARTMENT OF JUSTICE, AND FOR OTHER PURPOSES Introduced by Senator Drilon

To the Committees on Ways and Means; and Trade and Commerce


Proposed Senate Resolution No. 518, entitled RESOLUTION DIRECTING THE SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS (BLUE RIBBON) TO CONDUCT AN INQUIRY, IN AID OF LEGIS LA TlON, ON THE ALLEGED ANOMALOUS AND IRREGULAR ACQUISITION BY THE PNP OF LIGHT OPERATIONAL HELICOPTERS IN 2009 FROM MAPTRA, WITH THE END IN VIEW OF DETERMINING WHETHER THE SAID ACT CONSTITUTES A VIOLATION OF RA 3019, DETERMINE THE PARTIES RESPONSIBLE THEREFOR AND TO PROVIDE REMEDIAL MEASURES TO FURTHER STRENGTHEN THE SAID LAW AND THE PROCUREMENT PROCESS OF THE PHILIPPINE NATIONAL POLICE Introduced by Senators Lacson and Guingona [1/

To the Committees on Justice and Human Rights; Civil Service aud Government Reorganization; and Finance
Senate Joint Resolution No. II, entitled JOINT RESOLUTION CREATING A FACT FINDING COMMISSION ON THE ALLEGED 2004 ELECTORAL

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To the Committee on Acconntability of Public Officers and Iuvestigations


Proposed Senate Resolution No. 519, entitled RESOLUTION DIRECTING THE SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS (BLUE RIBBON) TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE ALLEGED NUMEROUS VIOLATIONS OF REPUBLIC ACT NO, 3019 OTHERWISE KNOWN AS THE ANTI-GRAFT AND CORRUPT PRACTICES ACT BY THE PREVIOUS BOARD OF THE PHILIPPINE CHARITY SWEEPSTAKES OFFICE (PCSO) WITH THE END VIEW OF CRAFTING LEGISLATIVE MEASURES TO CURB CORRUPTION AND PROMOTE TRANSPARENCY AND ACCOUNTABILITY IN GOVERNMENT Introduced by Senators Guingona III and Lacson

ON LABOR, EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT TO ASSESS THE IMPACT OF THE NEW "NITAQA T" SYSTEM ENFORCED BY THE SAUDI ARABIAN GOVERNMENT ON OVERSEAS FILIPINO WORKERS AND THEIR FAMILIES, WITH THE END IN VIEW OF ADOPTING A COMPREHENSIVE AND RESPONSIVE LEGISLATION AND PLAN OF ACTION THAT CAN SUPPORT AND ASSIST MIGRANT WORKERS WHO MAY BE DISPLACED Introduced by Senator Villar

To the Committees on Labor, Employment and Human Resources Development; and Foreign Relations
Proposed Senate Resolution No. 522, entitled RESOLUTION DIRECTING THE SENATE COMMITTEES ON TOURISM; AND ENVIRONMENT AND NATURAL RESOURCES TO CONDUCT A STUDY, IN AID OF LEGISLATION, ON EDGY AND INNOVATIVE APPROACHES IN ECO-TOURISM THA T CAN REVITALIZE THE PHILIPPINE TOURISM INDUSTRY AND HELP DRAW A RECORD NUMBER OF TOURISTS IN THE COUNTRY AND THEREBY GENERATE JOBS AND OTHER ECONOMIC OPPORTUNITIES FOR OUR PEOPLE Introduced by Senator Villar

To the Committee on Accouutability of Pu blic Officers and Investigations


Proposed Senate Resolution No. 520, entitled RESOLUTION DIRECTING THE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS (BLUE RIBBON) TO INQUIRE INTO AND INVESTIGATE, IN AID OF LEGISLATION, THE ALLEGED MISUSE OF THE MOTOR VEHICLE USER'S CHARGE (MVUC) ALSO KNOWN AS THE ROAD USERS TAX Introduced by Senators Guingona III and Laeson

To the Committees on Tonrism; and Environment and Natural Resources


Proposed Senate Resolution No. 523, entitled RESOLUTION DIRECTING THE SENATE COMMITTEES ON TOURISM; AND FOREIGN RELATIONS TO CONDUCT A STUDY, IN AID OF LEGISLATION, ON THE BEST PRACTICES IN PROMOTING THE NEW TRENDS IN THE TOURISM INDUSTRY AND
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To the Committee on Accountability of Public Officers and Investigations


Proposed Senate Resolution No. 521, entitled RESOLUTION URGING THE COMMITTEE

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AT THE SAME TIME LOOK INTO THE POSSIBILITY OF ADOPTING A TOURISM ORIENTED FOREIGN SERVICE POLlCY WITH THE END IN VIEW OF REACHING NEW TOURISM MARKS FOR THE COUNTRY Introduced by Senator Villar

To the Committee on Environment and Natural Resources


Proposed Senate Resolution No. 526, entitled RESOLUTION COMMENDING THE DELEGATION OF THE DEPARTMENT OF LABOR AND EMPLOYMENT (DOLE) LED BY SECRETARY ROSALINDA DIMAPILIS-BALDOZ FOR SUCCESSFULLY LEADING THE ADOPTION OF CONVENTION 189 OR THE DECENT WORK FOR DOMESTIC WORKERS CONVENTION DURING THE loon, INTERNATIONAL LABOR CONFERENCE OF THE INTERNATIONAL LABOUR ORGANIZATION (lLO) Introduced by Senator Trillanes IV

To the Committees on Tonrism; and Foreign Relatious


Proposed Senate Resolution No. 524, entitled RESOLUTION URGING THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS AND OTHER APPROPRIATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE REAL SITUATION OF THE DISAPPEARANCE OF UNIVERSITY OF THE PHILIPPINES (UP) STUDENTS AND OTHER MISSING PERSONS BELIEVED TO BE ABDUCTED AND AN UPDATE ON THE STATUS OF THE SAME WITH THE INTENTION OF BREATHING LIFE AND GIVING MEANING TO THE HUMAN RIGHTS PROVISIONS OF THE PHILIPPINE CONSTITUTION Introduced by Senator Villar

To the Committee on Rules


Proposed Senate Resolution No. 527, entitled RESOLUTION URGING THE SENATE COMMITTEE ON SCIENCE AND TECHNOLOGY TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE REPORTED INCREASING INCIDENCE OF CYBER CRIMES WITH THE END IN VIEW OF STRENGTHENING MEASURES TO MAINTAIN INTEGRITY OF ELECTRONIC TRANSACTIONS AND FOR THE PROTECTION OF INTERNET USERS IN THE COUNTRY Introduced by Senator Villar

To the Committees on Justice and Human Rights; and National Defense and Secnrity
Proposed Senate Resolution No. 525, entitled RESOLUTION URGING THE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, TO ASSESS THE CURRENT MEASURES EMPLOYED BY THE GOVERNMENT TO PROTECT THE BIODIVERSITY IN THE COUNTRY WITH THE END IN VIEW OF SAFEGUARDING SPECIES UNIQUELY ENDEMIC IN THE COUNTRY Introduced by Senator Villar

To the Committee on Science and Technology


Proposed Senate Resolution No. 528, entitled RESOLUTION EXPRESSING THE SENSE OF THE SENATE OF THE PHILIPPINES TO REQUEST FROM THE GOVERNMENT OF THE UNITED STATES OF AMERICA, THE RETURN OF THE BALANGIGA BELLS AS A TOKEN OF ETERNAL FRIENDSHIP AND AS A TESTAMENT TO THE

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FRATERNAL RELATIONS OF OUR DEMOCRATIC STATES Introduced by Senator Villar

MONDAY, AUGUST 1,2011

Introduced by Senator Defensor Santiago

To the Committee on Pnblic Order and Dangerous Drugs


Proposed Senate Resolution No, 532, entitled RESOLUTION URGING THE COMMITTEE ON ENVIRONMENT AND NATURAL RESOURCES, COMMITTEE ON TRADE AND COMMERCE, AND COMMITTEE ON LOCAL GOVERNMENT TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE CURRENT STATUS OF THE MINING INDUSTRY AND THE PITFALLS, IF ANY, OF REPUBLIC ACT 7942 OTHERWISE KNOWN AS THE "PHILIPPINE MINING ACT OF 1995" WITH THE INTENTION OF RECOMMENDING MEASURES TO ENSURE SUSTAINABLE MINING OPERATIONS IN THE COUNTRY Introduced by Senator Villar

To the Committee on Rules


Proposed Senate Resolution No, 529, entitled RESOLUTION URGING THE COMMITTEE ON LABOR, EMPLOYMENT AND HUMAN RESOURCES DEVELOPMENT AND OTHER APPROPRIATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE FEASIBILITY OF IMPLEMENTING A PI25 ACROSS-THEBOARD WAGE HIKE AND TO BE ABLE TO FORMULATE AL TERNATIVE MEANS TO UPLIFT THE STANDARD OF LIVING OF THE FILIPINO WORKER Introduced by Senator Villar

To the Committee on Labor, Employment and Human Resources Development


Proposed Senate Resolution No, 530, entitled RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON ALLEGATIONS THAT TOURISM SECRETARY ALBERTO LIM HAS FAILED TO COMPLY WITH THE TOURISM ACT OF 2009 Introduced by Senator Defensor Santiago

To the Committees on Environment and Natural Resources; and Economic Affairs 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 sponsorship, Thereupon, the Chair recognized Senator Defensor Santiago, cosponsor of the bilL

To the Committee on Tourism


Proposed Senate Resolution No, 531, entitled RESOLUTION DIRECTING THE SENATE COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE LEGALITY OF THE GUN BAN IMPOSED BY WESTERN VISA YAS POLICE DIRECTOR, CHIEF SUPERINTENDENT CIPRIANO QUEROL JR. IN EIGHT ILOILO TOWNS

MANIFESTATION OF SENATOR DEFENSOR SANTIAGO


Preliminarily, Senator Defensor Santiago stated that this was the fifth time Congress has taken up the

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reproductive health bill (RH Bill) that has always been the subject of contentious and protracted debates. She noted that the House of Representatives in the present Congress was taking so long to debate the RH bill which she hoped was not merely a strategy to defeat it. Given the sheer volume of the topics covered by the measure, she proposed that the Body follow a certain procedure in the plenary discussions. She explained that her speech had been divided into three main topics, to wit: I) Catholic theology; 2) constitutional and international law; and 3) socioeconomics, which she would deliver one after the other. Senator Defensor Santiago expressed her willingness to be interpellated only on the particular topic that she had presented for the day. She stated that after the interpellation on one particular topic is finished, she would move on to the next topic. She said that both she and Senator Cayetano (P) would avail of the right to close the debate with the summary of their arguments. Owing to her poor health and the fact that her sponsorship speech was sixty pages long, Senator Defensor Santiago expressed her intention to invoke Rule XXVII, Section 75 (Duration of Debate), to wit: "The Sponsor may consume as much time as he deems necessary to express the contents and purposes of the bill," but she acknowledged that said rule is limited by Section 78 that says, "the Senate may reduce or extend it with the consent of a majority of the Senators present." Should the majority of the senators decide to reduce her time to speak, she said that she would file a motion to enter the rest of her speech into the Journal, adding that it was her intention to enter all her arguments on record in anticipation of a Supreme Court case questioning the RH Act. She suggested that after the conclusion of her speech, the other Members be allowed to deliver theirs, if they so wish. To save time, she proposed that Section 71 (c) of Rule XXV (Consideration of, and debates on, bills) which provides that, "If a debate ensues, turns for and against the bill be taken alternately," be applied during the course of the deliberations.

COSPONSORSHIP SPEECH OF SENATOR DEFENSOR SANTIAGO


In presenting Senate Bill No. 2865 for plenary deliberation, Senator Defensor Santiago delivered the following speech:
THE REPRODUCTIVE HEALTH ACf

Part I
Primacy of Conscience in Catholic Tlteology

As principal author, I am nOw tasked to cosponsor Senate Bitl No. 2865, officially titled "An act providing for a national policy on reproductive health and popUlation and development," also known as the Senate version of the RH bill. It is the companion bill to House Bill No. 4244, which is undergoing plenary debate in the House of Representatives. Reproductive health bills have been passed by the majority of Catholic countries, particularly by Catholic developing countries such as Argentina, Colombia, Ecuador, Guatemala, and Mexico. Other countries include Italy, Poland, Paraguay, Portugal, and Spain. When the United Nations Fund for PopUlation Activities (UNFPA), now known as the UN Population Fund, profiled 48 Catholic countries, only six countries did not have a reproductive health law. The Philippines is one of them. In our country, the Catholic Church is the only major religion that opposes the RH bill. Other major Christian churches have officially endorsed the RH bill and, in fact, have published learned treatises explaining their position. They are: Interfaith Partnership for the Promotion of Responsible Parenthood, 2007; National Council of Churches in the Philippines, 2009; Iglesia ni Cristo, 2010; and Philippine Council of Evangelical Churches, 2011. The position of these Christian churches is supported by the most authoritative body of Islamic clerics in the Philippines, the Assembly of Darul-Iftah of the Autonomous Region in Muslim Mindanao. These Islamic clerics constitute the top-ranking ulama who are deemed to have the authority to issue opinions on matters facing Islam and Muslims. In 2003, they issued a/atwah or religious ruling called "Call to

REQUEST OF SENATOR SOTTO


At this juncture, Senator Sotto requested that he be given time to consult with the members of the Committee on Rules on the proposed procedure,

28 Greatness." It gives Muslim couples a free choice on whether to practice family planning, particularly child spacing. Furthermore, the RH bill is supported by a big majority of Filipinos in the country, as shown by certain nationwide surveys. In October 2008, Social Weather Stations reported that 71% were in favor of the RH bill. In October 2010, Pulse Asia reported that 69% were in favor of the RHbi11.

MONDAY, AUGUST 1,2011

condemned the use of artificial methods of contraception, including the pill. Notably, the Pope did not act collegially with the bishops in issuing his encyclical. The current problem of authority in the Church is rooted in a conflict between two theologies:
I.

Vatlcall Council 2 and lite Revolutioll ill Moral rlteology


Despite these surveys, certain Catholics, notably certain bishops, seem poised to fight to the death against the RH bill. To understand why Catholics are so divided on this issue, and why there is such fierce antipathy, we must go back to the Second Vatican Council, the greatest of the councils held by the Catholic Church. A Vatican council is an ecumenical council, meaning that it includes the whole Christian world, or the universal Church. The decisions of an ecumenical council are considered authoritative. Vatican 2 was held in 1962 to 1965, and immediately unleashed a tidal wave of change. It is now viewed as the most tumultuous decade in the whole modern history of the Church. In the words of an eminent Catholic historian: "So many spiritual and religious landmarks were suddenly swept away that the average Catholic was left in a state of complete bewilderment." The central issue of Vatican 2 was authority. Before Vatican 2, the typical Catholic accepted the authoritarian structure of the Church Has almost a dictate of divine revelation." My generation were still children at that time. We were taught that the Pope was a kind of
superhuman potentate, whose every word was a

Traditional theology still sees the Church as a superstate governed by an absolute monarch, whose aim is to impose the maximum amount of conformity. Progressive theology sees the Church as above all a fellowship of spiritual communities held together in essentials by their recognition of papal primacy.

2.

In the pre-Vatican 2 Church, the independence of the individual conscience was kept to a minimum. In the past, the task ofthe layman was simply to obey the directives of bishops and priests. But in the post-Vatican 2 Church, there is now a mood of questioning. Many Catholics, as Philippine surveys show, are no longer willing to obey the Church blindly. "In a few years the climate in the Church changed so drastically that few bishops dared to express a hard line on Pope Paul's birth control encyclical. Most of them followed a generally permissive policy." The divide between pre-Vatican 2 theology and post-Vatican 2 theology is mirrored in the RH debate among Catholic Filipinos. Theology means the branch of knowledge that deals with Christian theistic religion. It also means the organized body of knowledge dealing with the nature, attributes, and governance of God; in other words, divinity. After Vatican 2, the Catholic Church has been divided into two schools of thought, in theology and in ecclesiology. The two camps in theology are:
I.

command coming from a supernatural authority. I recall that the autocratic procedures of the Church were positively medieval. But with Vatican 2, the seeds of a democratic revolution were sown. It emphasized that the Church is primarily the whole people of God. It called for dialogue between all members of the Church. It asserted that the Pope and bishops are collegial. And it called for the establishment of senates among the priests and of pastoral councils that include the laity. With authority as the central issue, the Church reached a state of extreme tension when Pope Paul VI issued his encyclical Humanae Vitae. An encyclical is a papal letter sent to all bishops of the Catholic Church. Humanae Vitae

The classicist or traditional Catholics on the one hand; and The historically conditioned or progressive Catholics on the other hand.

2.

The two schools of thoughts on ecclesiology, meaning the branch of knowledge that deals with the Christian Church, are:
I.

Pre-Vatican 2 ecclesiology, which stresses the constitutional and hierarchical aspects of the Church; Post-Vatican 2 progressive ecclesiology, which understands the Church as the whole people of God, always in need of renewal and reform.

2.

MONDAY, AUGUST 1 2011

29
One relevant shift in moral theology concerns the principle ofproportionalism, which is a new way of looking at actions that cause a double effect, one good and one bad. According to the theory of proportionalism, a person does not sin in causing the bad effect, if there was a proportionate reason. The basis for this theory is that there is no sin, if the person's intention was aimed at a good effect and not at the bad effect. Thus, very few actions could be labeled as intrinsically evil. Certainly, RH is not an intrinsic evil. Another shift involves the identity of the priest, including the bishop. Today, being a priest really means: The person of the priest is no longer sacred. There is no longer a strict division between the sacred and the profane. The treatment of priests and bishops as a special caste in society is no longer observed, as if we want a caste system and we are inferior mortals. The Church does not consist of the priests and bishops alone. The Church consists of the whole faith community. Catholicism is no longer an affair of the person who happened to be born a Catholic, but an affair of the human being who is personally committed. The priest is not a special person, just because he performs strictly cultic tasks kulto - such as presiding at the Eucharist
and administering the sacraments. Pare-

This division into two schools of thought in theology and in ecc1esiology represents a crisis of authority within the Catholic Church, This crisis is represented as a transition, and thus has a certain implication, In the words of a Catholic
historian:

One way of looking at the current crisis of authority is to see it as the travails of a Church still trying to make the transition from the classicist to a historically conscious worldview. The classicist mentality viewed the Church as moving through history, but more or less unaffected by history, The historically conscious point of view, however, acknowledged how much
institutions, governing precepts, and

basic ideas about religion and morality are shaped by history, and therefore how relative they are. The post-Vatican 2 period has seen a revolution in moral theology in the Catholic Church because of the following factors: The acceptance of the historical dimension; what is good in the past will necessarily be good today. The profound shift of emphasis on the Church not only as a hierarchical institution, but also as a sacrament, as people of God,
and as servants,

The adoption by Vatican 2 of an ecumenical point of view. which now considers the experience, reflection, and wisdom of the other Christian churches. Vatican 2 emphasizes the nature of the Church, as an eschatological, very imperfect, and unfinished reality. Ang simbahang KatoUko hindi pa tapas. It is not perfect. It is not finished yet. We have the function of helping to finish the Catholic Church that is why we are engaging this debate. Not because of disrespect, not because of overweening arrogance but simply because we want to help build the Church. lfwe view the Church today after Vatican 2, it is not some hierarchy where someone issues commands and we all follow, but as a whole people of God. Eschatology is the branch of theology that deals with the four last things even senators have to deal with the four last things - death, judgment, heaven and hell - and the final destiny of the soul and of humankind. In the past, Catholics viewed certain moral doctrines as immutable. Hindi pa napapalitan, iyan na yan. But today, many Catholics now accept that so-called immutable moral doctrines should be legitimately reexamined.

pareho lang naman tayo. With these recent developments in the identity ofthe priest, one historian was moved to comment: "It is no wonder then that many priests suffer from a sense of confusion about their role."

The Encyclical Humanae Vitae


The Catholic opposition to the RH bill is based on the 1968 encyclical Humanae Vitae issued by Pope Paul VI. The Latin title literally means "Of Human Life," but it is more popularly translated as "On the Regulation of Birth." This encyclical is the result of a Special Papal Commission established by Pope John XXlll and concluded during the term of Pope Paul VI. The commission submitted two reports: the majority report, and the minority report. The majority report proposed that contraception should no longer be condemned. The minority report urged the Pope to continue to condemn contraception. Paradoxically, Pope Paul VI decided in favor of the minority view. His unusual decision shook

30 the Catholic world, and that is the reason why the Catholics in this country are so intensely divided over the RH bill. After Pope Paul VI rejected the majority report, many Catholics wcre no longer ready to give blind obedience to his decree. It is fair to say that no moral issue in the 20'" century impacted so profoundly on the discipline of moral theology. As a result of the contretemps and the succeeding controversy, Catholics now raise such questions on how conscience is to be sought - papaano malaman kung Isansa mo palo iyon - the response due to the ordinary magisterium or teaching function of the Pope and bishops, and the meaning of the guidelines of the Holy Spirit. Catholic theologians and even some Episcopal conferences voiced opposition to the Humanae Vitae encyclical, or at least took positions that were less than enthusiastic in their support. Surveys in the United States, for example, have indicated that the overwhelming majority (more than 80%) of Catholics of childbearing age do not, in fact, observe the encyclical's teachings. On the one hand, the controversial encyclical adopted the minority report which condemns artificial contraception, based on the following arguments: The constant and perennial teaching of the Church.

MONDAY, AUGUST 1,2011

death threats and I said, "No, I am not afraid. I am not afraid to die. But I am afraid that there might be no sex after death." I have thought and thought about that matter, and I have reached the conclusion that, yes, there is sex after death, but we cannot feel anything. On the other hand, the encyclical rejected the majority report which supports artificial contraception, based on the following arguments: Traditional teaching fails to recognize the evolutionary character of that teaching.

Nagpapalit-palit tayo. Hindi naman toyo pare-pareho polagi. For example, the official
Church has changed its teaching in such matters as religious liberty and usury. Dali, KatoUko

lamang puwedeng pumunto sa langi!, ngayon, puwede na ang lahat. AI dati, kapag nagpahiram ka at sumingi/ ka ng interest, mortal sin iyon, pupunta ka na sa impyerno.
A change in that traditional teaching would not necessarily undermine the moral teaching authority of the Church.
Hindi naman natin hangad na sirain

ang kapangyarihan Katolika.

impluwensya ng Iglesia

Such a change is to be seen rather as a step

toward a more mature comprehension of the whole doctrine of the Church.


The natural-law theory of those who support the traditional teaching has been proved to be erroneous. Because of this mentality, many advances in medical science were prohibited for a time, and the same was true of other areas of scientific experimentation.

Iiong argument, palaging itinuluro ng simbahan. Huwag na naling palitan, Sundin no lamang nolin, Huwog na toyong mog-isip po.
The natural law that certain acts and the generative processes are in some way especially inviolable, precisely because they
are generative."

Huwog no nating pakialaman iyong


panganganak kasi importante yan. Wala ng tao

ang ating mundo, ang ating planeta kapag


pinakialaman natin iyan.

Alalahanin ninyo, Simbahang KatoUka ang naghabol kay Copernicus. Ang sinabi lamang ng pobre noong panahon na iyon ay "Mayroong sun in the universe and all the planets revolve around it." Boy! The Catholic
Church was furious. He suffered all his life for that scientific declaration. Ngayon naman,

,,' Contraception is evil because it changes an act which is naturally oriented to procreation, into an act, which is oriented to the mutual benefit of the spouses. Why am I not persuaded by this argument? During sex, people should only concentrate on having children. They should not concentrate on anything else. They may, as weJl, have sex with their eyes closed.

ipinonganak si GaWeo. Sobi ni GaWeo: "Tama si Copernicus, mayroong sun at lahal layo amiikot doan." Nagalit naman sa kanya. Pinakulong din siya, no-torture po. Kayo ihig lamang sabihin nagkakamali rin layo. Huwog tayo masyadong mang-api sa ayaw pumayag sa
mga ipinagsasabi natin.

The same was true of another areas of experimentation. Traditional teaching fails to recognize the evolutionary character of that teaching.

I remember when I was immigration commissioner. I was asked if I was frightened of all the

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31

For example, the official Church has changed its teaching in such matters as religious liberty and usury. A change in that traditional teaching would not necessarily undermine the moral teaching authority of the Church, Such a change is to be seen rather as a step toward a more mature comprehension of the whole doctrine of the Church, The natural-law theory of those who support the traditional teaching has been proved to be erroneous. Because of this mentality, many advances in medical science were prohibited for a time, and the same was true of other areas of scientific experimentation. The conjugal act must be viewed not as an isolated reality but in a larger context of human love, family life, education, etc. This is called the principle of totality ... How about if one goes up to a beautiful young woman and say: "Will you please marry me so I can have sex with you and have children?" Does he think he is going to convince his girlfriend that way? Because basically, that is what these arguments amount to. Or, does he want to say: "Would you like to marry me? I cannot live without you. I want to grow old with you. I think that when you smile, the sun shines." And things like those. Naturally, she wi1\ immediately answer, 'Ves. n ... Sexuality is not ordered only for procreation, Sacred Scripture says not only: "be fruitful and multiply" (Genesis 1:28), but also: "they become one tlesh" (2:24), portraying the partner as another self (2: I 8), Allow me to emphasize the most categorical support for artificial contraception in the majority opinion:
In some cases, intercourse can be

The teaching of the Catholic Church on


contraception is one of the important reasons

why the absolute authority of the Church has grown weaker over the years. The RH Act is a result of the deepened sense of history among Catholics. Many of us Catholics are now more aware that our Church authorities made wrong
decisions in the past. To our mind, those errors

show that certain teachings should only be relative to their own times, and not permanent for all times. I very humbly appeal to Church authorities to emphasize strong leadership on moral issues such as war and peace, poverty, and corrup-tion in government, instead of a nonissue like the RH Act
Humanae Vitae defends the rhythm method, Thus, it rests its argument on the physiological
structure of the act. However, certain contemporary theologians insist that the basic criterion

for the meaning of human actions is the total person, and not some isolated aspect of the person. [ very humbly submit that the reason for an exclusive rhythm method given in Humanae Vitae is too strongly biological. I very humbly submit that Humanae Vitae has opened a disconnect with Vatican 2 which allowed for a wider basis for evaluating the morality of such a human act, namely, "the full sense of mutual selfgiving and human procreation in the context of
true love,"

Reformulation of CatllOlic Doctrine

After Vatican Council 2, Catholic doctrines began to be reformulated under the recent historical theology, According to a Church historian, the guiding principles of this new historical theology are: The inadequacy of every era to define truth for future eras.
The traditional view of revelation as the transmission of definite fixed concepts, was replaced by the idea of revelation as a personal self-disclosure by which God encounters the total person and communicates with him in a historical dialogue.

required as a manifestation of selfgiving love, directed to the good of the other person or of the community, while at the same time a new life cannot be
received. This is neither egocentricity

nor hedonism, but a legitimate communication of persons through gestures proper to beings composed of body and soul with sexual powers, The whole controversy over the encyclical is painful and disturbing to a Catholic. But it has also aroused the ordinary Catholic to be much more aware of her own personal respon-sibility, It has made the Catholic realize that the Church hierarchy does not have all the answers. 1t has forced her to think about the role of individual
conscience.

Therefore, no formula of faith can exhaust the truth. It can be exchanged for another formula more meaningful to the contemporary mind. Every formulation of a divine mystery is only the beginning, never the terminus. A theory of the development of dogma which
emphasizes the social, historical, and
000-

conceptual forces impinging on this process.

#"1"0

32 On the basis of these principles, Catholic doctrines have been "eformulated, Allow me to take an overview of this process. One of the first to reformulate Catholic doctrine was a famous book, entitled A New Catechism, and subtitled Catholic Faith for Adults. It was originally published in 1966, but later revised in 1970, under the general responsibility of the Dutch hierarchy. It became an international bestseller. This so-called Dutch Catechism contained a section on family Planning. It noted that there was a clear development in the late 1960s, both within and outside the Church, toward the use of several methods in regulating births. The Dutch Catechism said:
There is now a growing sense of the independent human value of sexuality. Sexuality and fertility are seen more clearly as values which are combined in the one totality of life, rather than as factors simply arranged in the relationship of means to an end ....

MONDAY, AUGUST 1,2011 pos!llve attitude, marked by purity of heart, could help resolve the impasse marked by purity of heart. By 1994, a widely-hailed masterpiece, the book, entitled CatholiCism, stated: The birth control question, once a sharply divisive issue in the Catholic church, is no longer a matter of intense discussion among the theologians. But it retains its importance as a paradigm of the 20'" century debates concerning the nature of Catholic morality and the limits of Catholic teaching authority. What is really the issue, therefore, is not birth control in this generic sense but contraception, i.e., the intentional placing of a material obstacle to the conception of a child: e.g., a contraceptive pill, an intrauterine device, contraceptive foam, a condom. One side argues that contraception by such artificial means is always wrong. (That, by the way, remains the official teaching of the Church today). The other side argues that contraception may be not only legitimate under certain circumstances but even mandatory. This side speaks in terms of "responsible parenthood ...

Are all methods of regulation of births of equal value to the Christian conscience? The council gave no answer to this question. It does, however, call on married people to ask themselves conscientiously whether the practices in question do, or fail to do, full justice to the great personal values which should be expressed in sexual intercourse and in the whole of modern life .... I am quoting from the Dutch Catechism. Now come to this famous line:

Liberation rheology
Liberation theology is a theory, originating among Latin American theologians, which interprets liberation rrom social, political, and

The last word lies with the conscience, not with the doctor or with the confessor. But reverence for life undoubtedly demands that no practices be chosen which could be harmful to health for the affected life.
Nearly two decades later, in 1986, an Oxford University chaplain took note of the then raging debate on family planning after Vatican Council 2. He wrote: The resolution of this dilemma between the care for the family and responsible parenthood, on the one hand, and sustaining love, on the other hand, seems to be found in contraception. But as everyone knows, the teaching of the Catholic church forbids the use of artificial contraceptives ... There seems to be an impasse at this point. ... It may be, therefore, that a

economic oppression as an anticipation of eschatological salvation. Liberation theology is a species of progressive theology, which is based on the following principles:
The Church, not just the hierarchy, is a mystery, or a sacrament. The Church, not just the hierarchy, is the whole People of God. The whole People of God participates in the mission of Christ, and not just in the mission of the hierarchy. The mission of the Church includes service to those in need, and not just the preaching of the Gospel or the celebration of the sacraments. Liberation theology is a part of post-Vatican 2 ecclesiology, which emphasizes the nature of the Church as an earthly community of human beings who have a mission in and for the world that

MONDAY, AUGUST I 2011

33

includes the struggle on behalf of justice, peace, and human rights, The appearance of liberation theology has been called "one of the most significant developments of the last several decades," It is called "a new way of doing theology." Classical theology aimed at a deeper understanding of faith. Liberation theology aims to transform the world, following the famous dictum of Karl Marx that the task of philosophy is not to understand the world, but to change the world. Classical theology seemed removed from day-to-day experience. Liberation theology has grown out of the experience of certain Catholics with the harsh reality of the miserable poor what we now call "the poorest of the poor." Classical theology interpreted Jesus' message of the kingdom as a guide to personal morality. Liberation theology sees Jesus' message as above all a call to struggle against the social forces of oppression. Liberation theology believes the kingdom of God is partially realized, when social justice and love are advanced in society. When we take a step toward social justice and love, we take one further step toward the final consummation of the kingdom of God. I humbly submit that the struggle for an RH bill to protect the health and quality of life of the mother and child in the context of unspeakable theology is part of liberation theology. It emphasizes that the Church's existence is not for itself, but for others. Accordingly, to liberation theology, the Church must listen to the world, and be evangelized by it. According to the principal theologian of liberation theology, Gustavo Gutierrez, the Church should be a place of liberation where there is a break from an unjust social order. I respectfully submit that in the Philippines, the Church must take a clear stand against social injustice. In all humility, I dare to echo the call of liberation theology: the first step in abolishing injustice is to recognize how much the Church itself is tied to the unjust system that oppresses the very poor. Reproductive health is available to the rich; why should it not be made available to the very poor? Catholics support for RH is a call to the major themes of liberation theology in a developing country like the Philippines, namely: The injustices visited on the Filipino people by neo-colonialism and imperialism. Reinterpretation of salvation to include every form of servitude; and

The kingdom of God as beginning in this world, in this country, in the Philippines, in this time, now. In the light of the Filipino experience of the poor, we should take a profoundly historical approach to God. The self-revelation of God and the Filipino's human response is an ongoing historical process. The God revealed in Jesus Christ is not an "unmoved mover," but a God whose very essence consists of love. The RH Bill is an enterprise in social justice and in love for the poor. In 1986, the Vatican made a positive critique of liberation theology by issuing the document, entitled Instruction on Christian Freedom and Liberation. According to the Instruction, the supreme principle of the Church's social doctrine is Jesus' great commandment of love. Christian love when applied may take various forms, in accord with the changing circumstances of history. We now understand that as compassionate disciples of the Lord, the Church exercises a special option for the poor and shows them a loving preference. The compassion and love of the Church must extend toward the poor of whatever kind - to the infant in danger of being aborted, and particularly to the poverty-stricken Filipino mother denied the basic information about her own reproductive health.

rile Primacy of Individual Conscience


In 1965, Pope Paul VI issued an encyclical letter, entitled Dignitatis Humanae, also known as Declaration on Religious Freedom. In Section 3, paragraph 4, he wrote: Man perceives and acknowledges the imperatives of the divine law through the mediation of conscience. In all his activity, a man is bound to follow his conscience in order that he may come to God, the end and purpose of life. It follows that he is not to be forced to act in a manner contrary to his con~ science. Nor, on the other hand, is he to be restrained from acting in accordance with his conscience, especially in religious matters. In 1967, the same Pope Paul VI issued another encyclical, entitled Papulorum Pragressio, also known as On the Development of Peoples. In Section 37, he wrote: It is for the parents to decide, with full knowledge of the matter, on the number of their children, taking into

34 account their responsibilities towards God, themselves, the children they have already brought into the world, and the community to which they belong, In all this, they must follow the demands of their own conscience enlightened by God's law authentically interpreted, and sustained by confidence in Him, In 1993, Pope John Paul II issued his encyclical entitled, Veritatis Splendor, also known as The Splendor a/Truth. In Section 64, he wrote: The authority of the Church, when she pronounces on moral questions, in no way undermines the freedom of

MONDAY, AUGUST 1,2011

divide between Catholics. It has stirred up a storm, thus: The negative reaction of many

theologians, moralists, and non ..moraHsts


alike, was vigorous and widespread. Bishops' conferences around the world accepted the encyclical as authoritative teaching. However, some of these conferences drew attention, for example, to the primacy of conscience, the need to be understanding and forgiving, and the judgment that Catholics who sincerely cannot follow the encyclical's teaching are not thereby separated from the love of God. Such themes were sounded by the bishops of Belgium, Germany, The Netheriands, France, Canada, and the Scandinavian countries. My own favorite excerpt from these bishops who supported the primacy of individual conscience comes from the Scandinavian bishops: No one, including the Church, can absolve anyone from the obligation to follow his (or her) conscience .... If someone for weighty and well cOnsidered reasons cannot be convinced of the argumentation of the encyclical, it has always been conceded that he (or she) is allowed to have a different view from that presented in a noninfallible statement of the Church. No one should be considered a bad Catholic because he ( or she) is of such a dissenting opinion. Allow me to emphasize the 1971 statement by the U.S. Sacred Congregation for the Clergy over the signature of its cardinal, as follows:

conscience of Christians. This is so


not only because freedom of conscience is never freedom "from" the truth, but always and only freedom "in" the truth, but also because the Magisterium does not bring to the Christian conscience truths which are extraneous to it; rather, it brings to light the truths which it ought already to possess, developing them tram the starting point of the primordial act of laith. The Church puts herself always

and only at the service of conscience,


helping it to avoid being tossed to and fro by every wind of doctrine proposed by human deceit (cf. Eph. 4: 14), and helping it not to swerve from the truth about the good of man, but rather, essentially in some difficult questions, to attain the truth with certainty and to abide in it. Against these encyclicals on freedom of conscience, the 1968 encyclical Humanae Vitae by Pope Paul VI, based on a minority report of the papal commission, strikes a discordant note. It declared as erroneous the principle of totality, under which contraception could be considered morally legitimate, in the context of the totality of a fruitful married life. Instead, the encyclical declares: The Church ca!ling human 'beings back to the observance of the norm of the natural law, as interpreted by constant doctrine, teaches that each and every marriage act must remain open to the transmission of life. (This has become one of the most controversial statements in the history of the Catholic Church.)

Conscience is inviolable and no


person is to be forced to act in a manner contrary to his (or her) conscience, as the moral tradition of the Church attests. Thus, in pastoral practice priests must not be too quick to assume either complete innocence or moral guilt in the persons they counsel. One must recognize persons who are "honestly trying to lead a good Christian life." There must be confidence "in the mercy of God and the forgiving power of Christ." In 1994, a volume called The New Dictionary Catholic Social Thought took note of the progress of liberal progressive Catholic thinking by analyzing the major modern encyclicals and reaching the following conclusion:

0/

Humanae Vitae by itself has drawn a great

MONDAY, AUGUST I 2011

35
denial. They have tried to inform their consciences as best they can, and feel that for serious physical, financial, or psychological reasons they cannot use periodic abstinence. Their consciences tell them that another child at this time would cause great damage to their married life, and perhaps to the children they already had - and, for some, contraception presents itself as the only alternative to a possible abortion, which is Obviously a far greater evil. As we have seen, it is a clear teaching that, while erroneous doctrines might be made in following one's conscience, one who has tried to inform

The Catholic church, in its official pronouncements at least, continues today to affirm that natural fami Iy planning and sexual abstinence are the only morally acceptable means of controlling birth. What has become the key issue for Catholic thought in the matter of birth control, therefore, is not the intended ends sought by proponents of artificial bilth control, but the morally legitimate means to the admittedly good ends that birth control advocates claim to seek and the human values that will be used or distorted in using morally illegitimate means. There seems to be several major concerns behind the continued opposition of Catholic social teaching to the practice of artificial means of birth control, be those means mechanical (i.e., condoms, IUDs, diaphragms, cervical caps); chemical (i.e., spermicidal agents, the "pill"); or surgical (i.e., sterilization, abortion). Those concerns focus on the dignity of man and woman, the wellbeing of children and families, and God's role in the creation of new life. The book, Christ Among Us, which has been described as America's most popular guide to modern Catholicism, describes the ongoing process of reformulating Catholic doctrine: In this matter, as in anything, the Church has not spoken the final word, and a development of its teaching is quite possible in the future. The large majority of theologians agree that no question of infallibility is involved .... Soon after the encyclical, 500 American theologians - in concert with many throughout the world - asserted that for grave reasons Catholics may follow their conscience on this matter even though the Pope has spoken, .. , The large majority of Catholic couples have been unable to square this teaching with their consciences. Priestsociologist Andrew Greeley estimates that nine out of 10 Catholic couples practice contraception at some time during their childbearing years. These couples may be respectful of the Church's duty to teach in moral matters, or trying to live good Christian married lives, and are willing to practice self-

one's conscience as best as one can,


must then follow it. If a Catholic disagrees with a moral teaching of the Church, according to an eminent theologian, we must take into account the following principles:
If, after proper study, reflection, and prayer,

a person is convinced that his or her


conscience is correct, in spite of a conflict with the moral teachings of the Church, the person not only may but must follow the dictates of conscience, rather than the teachings ofthe Church. The Church has never explicitly claimed to speak infallibly on a moral question. No teaching of the Church can hope to

account for every moral situation and


circumstance. The teachings themselves are historically conditioned. What may have been perceived as morally wrong in one set of circumstances would be regarded as morally justifiable in another situation. No individual or groups of individuals can hope to identifY and grasp moral truth by relying entirely on our own resources. We are all finite and sinful. Let me end this overview on the primacy of conscience doctrine with an excerpt from a 20 I 0 book, which lists four grounds for artificial contraception:

I.

Population explosion is a major issue. It is irresponsible to encourage large families especially in the so-called "developing world" (a term often used for the world's poorest countries, thus masking the mct that some nations are growing poorer).

36 2. Responsible stewardship requires adults to plan their families according to their means, their preferences, and their health. Sexual intimacy within marriage is good in itself; the fact that it need no longer be linked with the possibility of conception is to be welcomed with thanksgiving. HIV/AIDS is an immense problem. Its spread is more likely to be stemmed by widespread use of condoms than by unrealistic calls for sexual abstinence.

MONDAY, AUGUST I, 2011

Church. The official position now is that faith and scientific findings regarding human evolution are not in contlict. To conclude this part of my speech on the RH Act, allow me to use the language of liberation theology. The Word of God is mediated through the cries of the poor and the oppressed Filipinos. Faith is the historical praxis of liberation. Faith must always be directed toward the changing of the present social order. We have to partiCipate in the struggle of the poor and the oppressed Filipino mother and child. Let us adopt the project of theological feminism by searching the tradition for what has contributed to female SUbjugation. Uncontrolled pregnancies is certainly one of them. Jesus himself was radically open to woman. Jesus was a revolutionary who accepted women as equal, and rejected any use of God to perpetuate patriarchal or hierarchical relationships. As legislators and law-abiding citizens of our Republic, we are prohibited by the equal protection clause from enforcing antifemale prejudice. The RH Act seeks to correct the fallacy of intrinsic female inferiority. Fathers of the Church like St. Augustine saw woman as dominated by the body, in comparison with man, who stood for the predominance of the spirit. We have since discarded that archaic view. Upon his resurrection, Jesus appeared first to women, thus sending a message. It was, and still is, the message of responsible love.

3.

4.

I most humbly join the observation that today, 20 II, even within the Catholic church, private judgment is widespread on the use of artificial contraception. It is said that Italy has a very low birth rate, even though some 80% of the population claim to be Catholic. The Italian example is one illustration that one strand of Christian ethics acknowledges the supremacy of the individual Christian conscience, even over official Church teaching.

Tlze Les.wn From the Catholic Past


Today, the scientific community and society in general consider that science and religion are fully independent of each other. I am one of the optimistic Catholics who do not subscribe to the so-called contlict thesis. I do not believe that there in an intrinsic intellectual contl ict between the Church and science. But I am acutely aware that history gives us many examples of the contlict thesis and how wrong the Church was. One example was the case of Copernicus, who was denounced by the Church in the 16'" century for publishing a new cosmology. Copernicus announced that the sun occupied the central place in the universe, and that the earth moves around the sun. He was made to suffer for his conviction. Another example was the case of Galileo, who was similarly denounced by the Church in the 17" century. Galileo supported the heliocentric view of the universe. Galileo was tried by the Inquisition, found guilty of heresy, forced to recant, and spent the rest of his life under house arrest. However, after a study conducted by the Pontifical Council for Culture, in 1992 Pope John Paul \I acknowledged that the Church had been wrong. Still another example was the case of the theory of evolution, which had to struggle against misguided opposition. Like the theories of Copernicus and Galileo, the theory of evolution is now accepted by the Catholic

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2865


Upon motion of Senator Sotto, there being no objection, tbe 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. 46 on Senate Bill No. 2857 from the Calendar for Ordinary Business to the Calendar for Special Orders.

COMMITTEE REPORT NO. 46 ON SENATE BILL NO. 2857


Upon motion of Senator Sotto, there being no objection, the Body considered, on Second Reading,

MONDAY. AUGUST 1 2011

37
phenomenon now known around the globe as "people power." Hence, enshrined in our Constitution is a provision which recognizes the role of independent people's organizations to enable the people to pursue and protect, within the democratic framework, their legitimate and collective interests through peaceful and lawful

Senate Bill No. 2857 (Committee Report No. 46), entitled AN ACT INSTITUTIONALIZING THE PARTICIPATION OF CIVIL SOCIETY ORGANIZATIONS (CSOS) IN THE PREPARATION AND AUTHORIZATION PROCESS OF THE ANNUAL NATIONAL BUDGET, PROVIDING EFFECTIVE MECHANISMS THEREFOR, 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 recognizes Senator Drilon for the sponsorship.

means.
Likewise, Article XIII of our Constitution affords people's organizations the right to effective and reasonable participation at all levels of social, political, and economic decision-making. Furthermore, the provision necessitates the State to facilitate, by law, the establishment of adequate consultation mechanisms. In response, this bill seeks to institutionalize the participation of accredited nongovernment organizations and people's organizations in the budget authorization process within the legislative mill. As we are about to commence the debates on the 2012 General Appropriations Bill, the enactment of Senate Bill No. 2857, under Committee Report No. 46, is most appropriate and urgent. In the President's budget message for fiscal year 2012, good governance is cited as one of the five priority areas of the Aquino administration. The President defines good governance as one that thrives in daylight. In his budget message, the President said that "the only way forward is for us to uphold transparency over secrecy, accountability over impunity and citizen participation over collusion." This proposed budget for 2012, the President continued, is "designed to transmit daylight into the crevices of governance starting with the use of the people's fund." It is in support ofthis noble program that we are seeking your support for the immediate passage of this bill. We shall now proceed with the general features of the bill. Under the term Civil Society Organizations (CSOs) are included nongovernment organizations (NGOs), cause-oriented groups, people's organizations, cooperatives, trade unions, professional associations, faith-based organizations, media groups, indigenous peoples' movements, foundations, and other citizen groups formed primarily for social and economic development, which monitor government projects, engage in

MANIFEST AnON OF SENATOR DRILON


Preliminarily, Senator Drilon stated that Committee Report No. 46 on Senate Bill No. 2857 also took into consideration Senate Bill No. 2782, entitled "An Act Institutionalizing the Active Patticipation of Bona Fide People's Organizations and Non-Government Organizations in the Annual National Budget Hearings in Congress and the Budget Deliberations in Local Government Units and Providing Effective Mechanisms Therefor" authored by Senator Lacson that was referred to the Committee on Finance on May 9, 2011.

COAUTHORS
Senator Drilon manifested that Senators Lacson and Legarda are coauthors of the instant bill.

SPONSORSHIP SPEECH OF SENATOR DRILON


Thereafter, Senator Drilon submitted for the Body's plenary consideration Senate Bill No. 2857.

The full text of his speech follows:


Undoubtedly, civil society and people's organizations playa pivotal role in building and strengthening democracies. This has been a proven fact in the history of our nation, where people's organizations formed the bedrock of the

38 policy discussions, and actively participate in collaborative activities with the government. This bill requires CSOs to apply for accreditation and upon approval, the head of the concerned national government agencies (NGAs) or Government-Owned and -Controlled Corporations (GOCCs) shall issue the Certificate of Accreditation with a three-year validity period. In the case of the Senate and the House of Representatives, the certificate shall be valid for the entire term of the Congress under which such certificate of accreditation was issued. The proposed measure provides the following privi leges and incentives to accredited Civil Society Organizations (CSOs): a) To receive notices and participate as resource person through its duly authorized representative in any regular and consultative public meetings, hearings, conferences and dialogues on matters related to the preparation

MONDAY, AUGUST I, 2011 copy of the complaint to the CSO concerned who shall be given an opportunity to be heard. It is important that we pass this proposed legislation to bring into fruition the people's participation in the affairs of the State, as enshrined in our Constitution. On this note, I earnestly ask this Chamber for the swift passage of this measure. In his budget message, President Aquino said, "".to start widening spaces for citizen's participation in the budget, I had instructed the DBM to pilot consultations with Civil Society Organizations in crafting the 2012 budget ... " In that directive, the DepEd, the DOH, the DSWD, the DPWH, the DA, the DAR, the NHA, the NFA, and the NHMFC were all tasked to confer with Civil Society Organizations in crafting their agency proposed budgets. As the President finally said, " ... This is not merely
an experiment or a one-time engagement. We

and authorization of the annual national budget; b) Access to copies of the budget proposals submitted by the NGAs or GOCCs to the Department of Budget and Management (DBM); To provide position papers to the DBM on the budget proposals of NGAs or GOCCs submitted pursuant to the budget call; To submit its own alternative or proposed budget or position paper; Access to issuances such as, but not limited to policy orders, circulars and memoranda that are related to the budget; Access to the documents prepared by the DBM for submission to Congress by the President as a basis for the General Appropriations Bill required under Article VII, Section 22 of the Constitution; To present written proposals on projects and activities of the government entities whose budget is under deliberation; and, Access to committee reports released by both Houses.

c)

intend to sustain and expand this consultative process in the coming budget cycles. We intend to engage the citizens through all faces of the budget cycle from their social audit of indigent families under the Conditional Cash Transfer Program, their presence in budget formulation and authorization to their continued vigilance during the bidding of big ticket projects." This Chamber cannot do no less. I earnestly ask this Chamber for the swift passage of this
measure.

d) e)

In the course of Senator Drilon's speech, the President Pro Tempore relinquished the Chair to Senator Zubiri.

t)

MANIFESTATION OF SENATOR DRILON


Senator Drilon manifested that Senator Guingona, author of Senate Bill No. 2186 that the Committee considered, would deliver a cosponsorship speech on the bill. He asked that the Senator also be allowed to respond to questions during the period of interpellations. Senator Satta replied that he has no objection to the request and manifested that Senator Legarda and Senator Cayetano (P) wish to cosponsor the bill after Senator Guingona.

g)

h)

The bill also authorizes a National Government Agency (NGA) or Government-Owned and -Controlled Corporation (GOCC) to automatically suspend the privileges granted to a Civil Society Organizations (CSO) where there is a conflict of interest, or when the certificate of accreditation has been obtained by fraud or deceit, the head of the NGA or GOCC shall notifY and serve a

COSPONSORSHIP SPEECH OF SENATOR GUINGONA


In cosponsoring Senate Bill No. 2857, Senator Guingona delivered the following speech, to wit:

'r

MONDAY. AUGUST 1 2011

39
tion in the budget process through the passage of meaningful legislation: South Africa, with its Local Government Municipal Finance Management Act of 2003, Bolivia, with its Popular Participation Law (Law 1551), India, with its People's Campaign for Decentralized Planning, and State of Rio Grande do Sui, Brazil, with its Participation Budgeting Process. With this bill, the Philippines will join the ranks of countries that seek to empower its people through meaningful participation in the budget by guaranteeing that accredited organizations will receive notices and participate as resource persons through their duly authorized representatives in the preparation and deliberation of the budget, gain access to copies of the budget proposals submitted by the national government agencies and submit their Own alternative or proposed budget or position paper, and other written proposals on projects and activities of the government entities whose budget is under deliberation. Participation, under this bill, is not only the privilege of accredited organizations. This bill does not exclude' non-accredited organizations that may still participate according to their constitutional rights. The bill also holds accountable people's organizations, and not just government. Safeguards against conflict of interest are among the salient points of this bill. Trust after all is a two-way street. For two parties, the government and the people, to work together and move forward, both sides have to trust each other. Humility in the knowledge that the government does not know everything is the key to development. We need to open up government processes to the people. Knowledge gleaned from inputs by the people from the grassroots will only enhance and inform government's decision-making when it comes to spending the people's money for the greater good. With this bill, I hope to harmonize Professor Leonor Magtolis Briones' definition of people in governance as "the expression of citizenship and the collective exercise of power of the organized disadvantaged basic sectors to advance people's interests," with the government's commitment to the greater good, through participatory budgeting. This bill is not only a grant of access for the people to participate but also an express mandate for each participant to participate effectively in the budget process. That those who participate in the process take it upon themselves not only to criticize the proposals of government but also

Twenty-four years ago, the passage of the 1987 Philippine Constitution ensured that "the rights of the people and their organizations to effective and reasonable participation at all levels of social, political and economic decisionmaking shall not be abridged. The State shall, by law, facilitate the establishment of adequate consultation mechanisms" (Article XIII, Section 16). Senate Bill No. 2857, "An Act Institutionalizing The Participation Of Civil Society Organizations (CSOs) In The Preparation And Authorization Process Of The Annual National Budget, Providing Effective Mechanisms Therefor, And Other Purposes," is in response to the principle enshrined in the Constitution in that it seeks the institutionalization of the people's meaningful participation in the budget process. Simple lang naman ang dahilan para sa batas no ito: pera ng tao ang pinag-uusapan sa budget preparations and deliberations. Kaya kaifangan nifang malaman kung soan ito napupunta, magkano ang naibibigay sa kung anang opisina, at ana ang balak nifang gawin sa pera ng taongbayon. It is about time that we institutionalized people's participation in a very important policy of the government such as the budget, and give back to the Filipino people their say in how their money is being spent. My advocacy to allow the people to take part in the budget process is a continuation of my efforts as congressman of the 2"d District of Bukidnon. In the House of Representatives, I already authored House Resolution No. 120 which enabled nongovernment organizations and people's organizations to participate in Congress' budget deliberations. At the House, I also filed a similar bill to allow the people to participate in
the budget process. I have again, as senator,

filed the same bill in the 15'" Congress. I am confident that now this bill will finally be passed. Participation is not on ly enshrined in the Constitution but is part of our culture as a people, which goes back to traditional community practices and village councils where every vi llager participated in and contributed to community decisions. Although democratic traditions were suppressed during the colonial period and marginalized by the 18 years of
martial law regime, there is no question that

culturally, people's participation is not a new concept and is, in fact, an integral part of governance in the Philippines. We also share this participatory culture with other countries all over the world. Four countries have already institutionalized people's participa-

40

MONDAY, AUGUST 1,2011

to put forward constructive proposals that may improve the final budget. 1 call on our partners in civil society to maximize this opportunity to work together with government, and to meaningfully participate in the budget process. 1 respectfully request my distinguished colleagues to support and pass this people's budget bill. Ultimately, this bill seeks to give back to the Filipino people their say in the budget process. With this bill, the Filipino can say, Pera Ko, May Say Ako!

The budget submitted by the Executive Department quantifies the priorities of the Administration in terms of financial support. Funds are placed in programs which the President deems will achieve the goals that his Administration seeks to achieve. However, the Constitution has lodged the power of the purse in Congress. We, as legislators, are tasked to review the budget submitted by the President and propose amendments based on our own in-depth studies and researches with inputs from groups which include experts in their fields, who have also been conscientiously scrutinizing the budget over a number of years. It has, thus, been my privilege to work closely with a number of nongovernmental organizations (NGOs) which took it upon themselves to ensure that the national budget is transparent and responsive to the needs of the people, that the budget would prioritize social development and would seek to uplift the lives of those who are marginalized, and that wasteful spending would be minimized, if not totally eliminated, and economic growth spurred. For several years, the work done by our civil society counterparts has provided valuable and significant inputs in the budget refonn process. Their inputs are products of numerous research and studies at the grassroots level, as well as founded on their expertise in various fields. The importance of these findings and proposals is not lost on us legislators, as we have included many of their proposals in the past budgets, or at least we have tried to include them in the past budgets. Given this, 1 believe that participatory budgeting is an effective tool in monitoring the entire budget process. Together, we have identified illegitimate debts and investigated those which may cause chronic problems in the future. We have formulated alternative budget
proposals in social areas, including education,

COSPONSORSHIP SPEECH OF SENATOR LEGARDA


Senator Legarda expressed her support for the bill which seeks to ensure the participation of civil society organizations in the national budget process. She then proceeded to deliver her cosponsorship speech, as follows: The participation of the civil society organizations (CSOs) in the preparation and authorization of the annual national budget is a good expression of democracy and effectively
encourages the growth of nongovernment, community-based, or sectoral organizations

and promote the welfare of our nation. The participation of CSOs in the budget process should immediately be institutionalized. In working with the grassroots sector, they hold a unique position of knowing the exact needs of communities and specific sectors of society. They can point out aspects of the budget that need to be enhanced, those that are unnecessary, and those that are anomalous giving a fresh and much needed point-of-view from an objective and analytical observer. 1 have worked with a consortium of nongovernment organizations that deal with various
concerns -- such as health, education, women

and children, environment, food and agriculture


among other major concerns. I have seen this

interaction work and how it can help make the budget more effective, transparent, and participatory in order to truly address the needs of our people.

It is in this light that I register my cosponsorship of this important piece of legislation, and I urge my colleagues to support its swift passage.

health, agriculture, and the environment. We have monitored the implementation ofthe budget and scrutinized lump-sum allocations. It is now relevant that the collaboration and involvement of civil society organizations be fonnalized to ensure order in their participation in the preparation of the National Budget and that feedback and consultation mechanisms be put in place. With this bill, 1 look forward to a more democratic budgetary process wherein nongovernmental and civil society organizations with budget advocacies can actively participate, and the general public is armed with more knowledge on the budget procedure.

COSPONSORSHIP SPEECH OF SENATOR CAYETANO (P)


Expressing support for Senate Bill No. 2857, Senator Cayetano (P) delivered the following speech:

MONDAY, AUGUST 1 2011

41

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2857


Upon motion of Senator Sotto, there being no objection, the Body suspended consideration of the bill.

adjourned until three o'clock in the afternoon of the following day.

It was 4:55 p,m.


[ hereby certify to the correctness of the foregoing,

MANIFESTATION OF SENATOR SOTTO


Senator Sotto manifested that in the next day's session, the Body would resume consideration of the Foster Care Act (period of amendments), Fixed Terms for AFP Chief of Staff (period of interpellations) and Committee Report No. 27 (period of interpellations).

secretarY?he Sfat,,#-

EM~

ADJOURNMENT OF SESSION
Upon motion of Senator Sotto, there being no objection, Senator Zubiri declared the session

Approved on August 3, 2011

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