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Vol. I No. 77 A publication of the Committee Affairs Department February 18, 2014

COMMITTEE MEETINGS

COMMITTEE

MEASURES

SUBJECT MATTER ACTION TAKEN/DISCUSSION NO.

PRINCIPAL AUTHOR

Basic Education and Culture

HB 1876 Rep. Sarmiento (M.S.)

Designating Philippine National Performing Arts Companies, defining their roles and functions as such, and appropriating funds therefor

The Committee, chaired by Rep. Kimi Cojuangco (5th District, Pangasinan), approved HB 1876 with amendments. The Committee agreed to include a provision on fund allocation and that the amount to be appropriated for each national performing arts company shall be subject to adjustment every five years.

HB 2374 Rep. Escudero Prohibiting elementary schools from requiring graduating pupils to wear a toga during graduation rites

The Committee approved HB 2374 with amendments. The Committee agreed to exclude pre-schools from the coverage of the bill because based on the new K to 12 Law, graduation rites will be held only after completion of elementary level.

HB 1117 Rep. Defensor

Establishing a career guidance and counseling program for national high schools

The Committee agreed to create a technical working group (TWG) to study the bill further.

HB 298 Rep. Magsaysay

Prescribing certain guidelines on collection of school contributions from public elementary and high school students, expanding the provision of free public basic education, appropriating funds therefor

The Committee agreed to create a technical working group (TWG) to consolidate the provisions of the two bills.

HB 1194 Rep. Teodoro Prohibiting the unauthorized sale of tickets and collection of contributions and solicitations from students in elementary and secondary public schools, providing penalties for violations thereof

HB 3212 Rep. Advincula Renaming the General Emilio Aguinaldo National High School Annex located in Barangay Pasong Buaya II, Imus City, Province of Cavite to General Licerio Topacio National High School and appropriating funds therefor

The Committee instructed the Secretariat to prepare a substitute bill to conform to the Committee standard format of bills seeking the separation or conversion of schools.

Constitutional Amendments

Resolution of Both Houses 01

Speaker Belmonte

Proposing amendments to certain economic provisions of the 1987 Constitution of the Republic of the Philippines, particularly on Articles XII, XIV and XVI

The Committee, chaired by Rep. Mylene Garcia-Albano (2nd District, Davao City), will deliberate further on RBH 01 in its next meeting. During its first deliberation on RBH 01, the Committee heard the views of numerous resource persons from various fields and sectors on the proposal to amend the economic provisions of the 1987 Philippine Constitution.

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Continuation… Constitutional Amendments

RBH 01 was filed by Speaker Feliciano Belmonte Jr. (4th District, Quezon City). The proposed amendment of Articles XII (National Patrimony and Economy), XIV (Education, Science and Technology, Arts, Culture, and Sports) and XVI (General Provisions) of the Constitution entails the insertion of the phrase “unless otherwise provided by law” in relevant sections of the said Articles that gives Congress the flexibility to adjust, through legislation, the country’s economic policies in response to the needs of the times. Rep. Rufus Rodriguez (2nd District, Cagayan de Oro City), who sponsored the resolution in behalf of the author, stressed that amending the restrictive economic provisions of the Constitution is important to sustain the country’s economic growth achieved during the administration of President Aquino. The proposed changes, he said, will increase the flow of foreign direct investments (FDIs) into the country which will accelerate the creation of jobs and economic opportunities and reduce poverty. On the question of what mode will be adopted in amending the Constitution, Rep. Elpidio Barzaga Jr. (4th District, Cavite) explained that RBH 01 will be processed like a bill which, after due deliberation and approval at the Committee level, will be submitted to the plenary for debate and approval, and then transmitted to the Senate for concurrence. He also said that the proposed amendments will still have to be ratified by the people in a plebiscite. Citing Article XVII of the 1987 Constitution, Rep. Barzaga emphasized that Congress is empowered to amend or revise the Constitution upon a vote of three-fourths of all its members. He elaborated that in the exercise of its constituent power, Congress may act on the measure without having to convene itself into a constituent assembly. Rep. Neri Colmenares (Party-List, BAYAN MUNA) earlier stated that a constituent assembly is a more prudent way of amending the Constitution to avoid any challenge in the Supreme Court as to its constitutionality. The Philippine Bar Association (PBA) agrees with the proposed mode of amendments while the Integrated Bar of the Philippines (IBP) opposes it. Allaying fears that the Committee might go beyond amending the economic provisions, as specifically expressed by Rep. Antonio Tinio (Party-List, ACT TEACHERS), Rep. Rodolfo Fariñas (1st District, Ilocos Norte) underscored

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Continuation… Constitutional Amendments

that since riders are prohibited under the Constitution, insertions or amendments to the resolution outside the scope of its title are not allowed. The Foundation for Economic Freedom, Makati Business Club, Wallace Business Forum and the Joint Foreign Chambers of the Philippines, represented by the American and Canadian Chambers of Commerce, presented their study and research on the urgency and merits of relaxing the foreign equity restrictions in the Constitution. Political scientists Dr. Jose Abueva and Dr. Clarita Carlos expressed favorable views on the resolution. The IBON Foundation and WeGovern, led by former Rep. Liza Maza, were against the resolution, and so were the representatives from the sectoral groups including the Kilusang Magbubukid ng Pilipinas (KMP), Kilusang Mayo Uno (KMU), Pagkakaisa Para sa Tunay na Reporma sa Lupa (PATRIA), and the Ecumenical Bishops Forum. The Association of Retired Justices of the Court of Appeals expressed reservations on the insertion of the phrase “unless otherwise provided by law” in certain sections of the Constitution, particularly in reference to the limitations set on foreign ownership of corporations, as it may decrease Filipino equity rather than increase it. The group noted that the Constitution has been crafted to be pro-Filipino.

Economic Affairs jt/ w. Trade and Industry

HBs 301, 781 & 2242

Reps. Yap (S.) & Macapagal-Arroyo (G.)

Providing for the comprehensive Subic-Clark Development Program, establishing the mechanism for its implementation

The Joint Committee, co-presided by Rep. Enrique Cojuangco (1st District, Tarlac), Chair of the Committee on Economic Affairs, and Rep. George Arnaiz (2nd District, Negros Oriental), Vice Chair of the Committee on Trade and Industry, agreed to create a technical working group (TWG) to consolidate and harmonize the three bills. Subic-Clark Alliance for Development Council (SCADC) Executive Director Linda Pamintuan said the passage of the bill will provide stability to the operations of the SCADC in developing the Subic-Clark-Tarlac Corridor. She also briefed the Committee on the mandate, accomplishments, programs and activities of the SCADC. Despite limited funds, Pamintuan said, SCADC completed the Subic-Clark Conceptual Land Use Plan (SCOLUP), the Metro Clark Area (MCA) Framework Plan, and the Metro Subic Area (MSA) Framework Plan. Aileen Zosa, Executive Vice President of the Bases Conversion and Development Authority (BCDA), expressed her objection to the bill saying that the current activities of the SCADC

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Continuation… Economic Affairs jt/ w. Trade and Industry

encroach on the fundamental responsibilities of BCDA under the Bases Conversion and Development Act of 1992 (RA 7227) including the formulation of policies and programs to develop Subic-Clark, and the implementation of the Comprehensive Subic and Clark Development Program. That being the case, she suggests that the SCADC either be placed under the jurisdiction of the BCDA as a project management office; or a subsidiary corporation of the BCDA. Moreover, Zosa stressed the need to define the legal nature of SCADC to determine the proper funding mechanism. Quirino Rep. Dakila Carlo Cua opined that should the SCADC be placed under the BCDA, the latter, being the principal authority, should be responsible for sourcing out funds for the development of the Subic-Clark-Tarlac Corridor. Rosario Manansan of the Philippine Institute for Development Studies (PIDS) commented that it would be difficult for SCADC to raise its own funds since it does not engage in any economic activities. She agrees with the view that creating another council would result in duplication of functions. Rep. Susan Yap (2nd District, Tarlac) explained that HB 301 seeks to institutionalize the SCADC. As part of the effort to harmonize all plans and strategies in the Subic-Clark Corridor, she included local government units (LGUs) as members of the council. She manifested that the explanatory note of HB 301 shall be her sponsorship speech.

Foreign Affairs

Substitute Bill to HB 12

Rep. Bichara Providing for a new passport law, repealing for the purpose Republic Act 8239, otherwise known as the Philippine Passport Act of 1996

The Committee, chaired by Rep. Al Francis Bichara (2nd District, Albay), approved the substitute bill and the corresponding Committee Report.

HB 3234 Rep. Adiong Establishing a Department of Foreign Affairs (DFA)-Passport Issuance Office in the City of Marawi, Lanao Del Sur, and appropriating funds therefor

The Committee decided to substitute HB 3234 with a House Resolution, which urges the DFA to immediately establish a passport issuance office in Marawi City. Thereafter, the Committee adopted the House Resolution and approved the corresponding Committee Report.

HR 289 Rep. Co Urging the DFA to include in the Visa Waiver Program of the government the Chinese nationals coming to the Philippines via chartered flights for tourism purposes

The Committee adopted HR 289. DFA Executive Director Sulpicio Confiado will include the concern of HR 289 in the agenda of the first inter-agency meeting on visa policies to be held next week. The inter-agency meeting will be attended by officials from the DFA, Department of Justice (DOJ), Department of Tourism (DOT), and Bureau of Immigration (BI), among others. Confiado apprised the Committee of the available visa options for Chinese nationals

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Continuation… Foreign Affairs

entering the country. Aside from individual tourist visas, Chinese nationals may apply for a Group Tour Visa which can be secured from the Philippine Service Post in China. The Group Tour Visa allows visiting foreigners 59 days of stay in the Philippines. The processing time to acquire such a visa is 24 to 48 hours. In addition, those who carry valid US, Australian, Canadian, Japanese and Schengen Visas are allowed to stay in the Philippines for seven days.

Good Government and Public Accountability

Motu Proprio Inquiry

Inquiry into the alleged spurious entry into the country of 90 container vans containing Indian rice on board an APL vessel which arrived at the New Container Terminal 1, Subic Bay Port in June 2012

The Committee, chaired by Rep. Oscar Rodriguez (3rd District, Pampanga), deferred its discussion of the reported rice smuggling in the Ports of Subic Bay and Legazpi City. The alleged rice smuggling incidents were the subject matter of an inquiry by the Committee during the 15th Congress. However, since no resolution was reached and no Committee Report was submitted on the matter, Rep. Andres Salvacion Jr. (3rd District, Leyte) suggested to the Committee to re-open the investigation so that the Committee will be updated on the issue. The following resource persons will be invited to attend the Committee’s next meeting: Chairman of the Subic Bay Metropolitan Authority (SBMA), Commissioner of the Bureau of Customs (BOC), BOC Chief Legal Officer and the BOC District Collector during the time the alleged smuggling activities were perpetrated.

Motu Proprio Inquiry

Inquiry into the alleged spurious entry into the country of some 94,000 bags of imported rice on board the vessel Minh Tuan 68 originating from Vietnam which arrived at the Port of Legaspi City, Albay on September 2, 2012

HR 698 Rep. Bagatsing Inquiry into the alleged violation of MMC EO 86-09 relative to the misuse of amusement tax proceeds from the Metro Manila Film Festival

The Committee determined that HR 698 falls under its jurisdiction and will proceed with its inquiry on the matter.

Inter-Parliamentary Relations and Diplomacy

HR 435 Rep. Rodriguez (R.)

Organizing the Philippines-Croatia Parliamentarians’ Friendship Association

The Committee, chaired by Rep. Raul del Mar (1st District, Cebu City), adopted HR 435 with amendment. The Office of European Affairs (OEA) of the Department of Foreign Affairs (DFA), in a letter sent to the Committee, recommends the inclusion in the third “whereas” clause of HR 435 the Treaty on Simulation and Protection of Investments as one of the six agreements signed by the Philippines and Croatia. Furthermore, the OEA recommends the modification of the fourth “whereas” clause which states that “the trade between the two countries is estimated at $17 million per annum.” The OEA explained that the value of trade between the two countries vary every year.

HR 436 Rep. Rodriguez (R.)

Organizing the Philippines-Albania Parliamentarians’ Friendship Association

The Committee adopted HR 436 with amendment. During the meeting, the Committee also approved the list of members to the

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Continuation… Inter-Parliamentary Relations and Diplomacy

Philippines – Morocco Parliamentarians’ Friendship Society.

Peace, Reconciliation and Unity (Special Committee)

HR 302 Rep. Zarate Inquiry into the reported decision of the government to terminate the Government of the Philipppines (GPH)-Moro National Liberation Front (MNLF)-Organization of Islamic Cooperation (OIC) tripartite review of the 1996 Peace Agreement which led to a military standoff between the MNLF and the Armed Forces of the Philippines (AFP) that resulted to a humanitarian crisis in Zamboanga City

The Committee, chaired by Basilan Rep. Jim Hataman-Salliman, will deliberate further on HR 302 in its next meeting. On behalf of the authors of HR 302, Rep. Luzviminda Ilagan (Party-List, GABRIELA) presented the issues mentioned in the resolution. She said the standoff between the AFP and the MNLF-Misuari faction in September 2013 in Zamboanga City resulted in the death of several civilians and displacement of more than 81,000 persons. She also mentioned that there had been several human rights violations allegedly committed by the military during the siege. Based on the statements of MNLF spokesperson Emmanuel Fontanilla, Rep. Ilagan said the MNLF would not have laid siege to Zamboanga City if not for what they believed was the government’s unilateral move to terminate the tripartite review of the implementation of the 1996 Final Peace Agreement (FPA). Denying these allegations, Office of the Presidential Adviser on the Peace Process (OPAPP) Secretary Teresita Quintos-Deles asserted that these were a manipulation of facts perpetuated by Nur Misuari. Deles informed the Committee that the tripartite review was supposed to end last September 16, 2013 but was cancelled by the OIC. The Philippine government sent four government emissaries to the OIC in Egypt to discuss the resumption of the review and they reported that it will be completed before March ends. According to Deles, the OIC recognizes that the end point of the peace talks between the government and the Moro Islamic Liberation Front (MILF) is the enactment of the Bangsamoro Basic Law (BBL). She stressed that the BBL will not abrogate the 1996 peace agreement with the MNLF. MNLF-Central Committee Secretary General Abdul Sahrin said he is not himself happy with the status of the tripartite review but, unlike Misuari, he said he will not resort to hostilities. He called for unity of the entire MNLF to support the proposal to integrate the two peace agreements. On the suggestion to invite Nur Misuari in the Committee’s next meeting or in peace consultations, Rep. Francisco Ashley Acedillo (Party-List, Magdalo) strongly objected to it

HR 416 Rep. Alejano Inquiry into the true cause of the attack in Zamboanga City by the MNLF which triggered a crisis resulting in the loss of hundreds of lives and the destruction of, and or damage to, homes, establishments and properties and the displacement of more than 120,000 people with the end view of enacting remedial legislation to prevent the recurrence of similar incidents in the future

Privilege Speech No. 8

Rep. Lobregat On the Mindanao peace process

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Continuation… Peace, Reconciliation and Unity (Special Committee)

saying that it will dishonor those who died in the Zamboanga Attack. Undersecretary Pio Lorenzo Batino of the Department of National Defense (DND) informed the Committee that Misuari is considered right now a fugitive from justice, with a number of cases, such as rebellion and human rights violations, filed against him in court. Rep. Celso Lobregat (1st District, Zamboanga City) aired his concerns about the effects of the Mindanao peace process on Zamboanga City, reiterating what he said during his privilege speech at the House plenary on July 30, 2013. Rep. Lobregat expressed grief over the destruction and havoc in Zamboanga City caused by the MNLF-Misuari faction’s armed attack on the city last year. He recalled that the Zamboanga siege occurred 41 days after he delvered his privilege speech in the plenary wherein he pleaded with MNLF Chair Nur Misuari to limit his group’s activities within the confines of the Autonomous Region in Muslim Mindanao (ARMM) and spare Zamboanga City. He lamented that while Zamboanga City is not part of the ARMM, it has become a “collateral damage” in the rigorous and long overdue Mindanao peace process. While he supports the peace process, Rep. Lobregat believes that Zamboanga City should not be part of the proposed Bangsamoro. He also asked the OPAPP and the GRP peace panel to conduct genuine consultations prior to the signing of the peace agreement in Kuala Lumpur.

Poverty Alleviation

HBs 154, 195 & 1802

Rep. Yap (S.), Yap (A.) & Macapagal –Arroyo (G.)

Institutionalizing the conditional cash transfer (CCT) program of the government to reduce poverty and promote human capital development and providing funds therefor

The Committee, chaired by Rep. Salvio Fortuno (5th District, Camarines Sur), will deliberate further on the six measures in its next meeting. Expressing support for HB 1494, Ronaldo Liveta, Commission on Higher Education (CHED) Chief Education Programs Specialist, said the bill will provide access and widen opportunities to quality higher education among economically disadvantaged but deserving students. Liveta said CHED has been implementing the Students’ Grants-in-Aid Program for Poverty Alleviation (SGP-PA) since 2012, in partnership with the Philippine Association of State Universities and Colleges (PASUC), Department of Social Welfare and Development (DSWD), and the Department of Labor and Employment (DOLE). The SGP-PA provides financial assistance to 4,041 students from DSWD’s 4Ps beneficiaries, with 35 state universities and

HB 1494 Rep. Antonino-Nadres

Expanding the Pantawid Pamilyang Pilipino Program (4Ps) by providing government scholarship grant to the 4Ps beneficiaries and providing funds therefor

HR 332 Rep. De Jesus Inquiry into the implementation of the CCT program as a centerpiece poverty alleviation program of the Aquino administration, and seeking more sustainable programs that raise the standards of living and quality of life of poor families

HR 591 Rep. Suansing Inquiry into the implementation of the 4Ps with the end in view of addressing the complaints and problems affecting the program

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Continuation… Poverty Alleviation

colleges (SUCs) participating. This year, the CHED spearheads the implementation of the Expanded SGP-PA which has been provided a budget of P2.5 billion under the FY 2014 General Appropriations Act. Aside from the 4,041 existing beneficiaries of the SGP-PA, an additional 36,412 tertiary students from the DSWD’s 4Ps beneficiary-families will also be covered by the expanded program. Each student will receive P60,000 in financial benefits every school year. Christian Deloria of the DSWD apprised the Committee of the status of implementation of the 4Ps. He said that as for 2013, a total of P41.71 billion in education and health grants has been released. As of January 29, 2014, the 4Ps accomplished 100% coverage of all regions, provinces, cities and municipalities. However, at the level of the barangay, program coverage is 99.77% or 41,263 barangays out of the target 41,358 barangays. Aside from the DSWD’s participation in the ESGP-PA, Deloria added that the Department also partners with the Philippine Health Insurance Corp. (PhilHealth) in the provision of health insurance to 3.8 million households; and with the Department of the Interior and Local Government (DILG), Bureau of Fire Protection (BFP) and the Department of Natural Resources (DENR) in the implementation of the “Buying a Living Tree System (BLTS)” program. This program aims to provide livelihood opportunities, through peatland (marshland) rehabilitation, to 4Ps beneficiaries in selected areas of Agusan and Leyte. The pilot implementation for the BLTS is set for this year. Deloria also reported that pursuant to National Advisory Committee (NAC) Resolution No. 12, series of 2013, the 4Ps expands to include not only children-beneficiaries aged 0-14 years old but also those about 14 up to 18 years old. The program maintains the limit of three children beneficiaries per household. The resource persons present were requested to submit to the Committee their respective position papers on the measures at hand.

Revision of Laws

Substitute Bill to HBs 117, 1066, 1087, 2177 & 3568

Deputy Speaker Aggabao, Majority Leader Gonzales, Reps. Rodriguez (R.), Escudero & Primicias-Agabas

Rationalizing and strengthening the probation system, amending for the purpose the pertinent provisions of Presidential Decree No. 968, otherwise known as the Probation Law of 1976

The Committee, chaired by Rep. Marlyn Primicias-Agabas (6th District, Pangasinan), approved the substitute bill. The Secretariat was instructed to prepare the corresponding Committee Report.

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Continuation… Revision of Laws

Substitute Bill to HBs 312, 664, 912, 1170, 1009, 1218, 2039 & 2829

Reps. Macapagal-Arroyo (G.), Sarmiento (C.), Tieng, Lacson-Noel, Fortuno, Rodriguez (R.), Escudero and Castelo

Providing for a revised Anti-Carnapping Act, repealing for the purpose Republic Act 6539, otherwise known as the Anti-Carnapping Act of 1972

The Committee approved the substitute bill. The Secretariat was instructed to prepare the corresponding Committee Report.

HB 1315 Rep. Escudero Mandating the imposition of penalty lower than that prescribed by law in criminal cases the civil case of which is settled through or by alternative dispute resolution, amending for the purpose RA 9285, otherwise known as the Alternative Dispute Resolution Act of 2004

The Committee approved HB 1315. The Secretariat was instructed to prepare the corresponding Committee Report.

HB 1318 Rep. Escudero Amending certain sections of RA 7309, or the law creating a Board of Claims under the Department of Justice (DOJ) or victims of unjust imprisonment or detention and victims of violent crimes

The Committee approved HB 1318. The Secretariat was instructed to prepare the corresponding Committee Report.

HB 3425 Deputy Speaker Aggabao

Amending Section 11 of RA 3019, otherwise known as the Anti-Graft and Corrupt Practices Act by increasing the prescriptive period for its violation from 15 years to 30 years

The Committee approved HB 3425. The Secretariat was instructed to prepare the corresponding Committee Report. Deputy Speaker Giorgidi Aggabao (4th District, Isabela) said that HB 3425 seeks to expand the prescriptive period for filing graft cases from 15 years to 30 years to give ample time for gathering pieces of evidence and building up a case. The bill considers the fact that graft and corrupt practices have become sophisticated and complex as they cross international boundaries.

HB 2729 Rep. Fortuno Authorizing the punong barangay to administer the oath of office of any government official, including the President of the Republic of the Philippines, further amending for the purpose Section 41 of Executive Order No. 292, otherwise known as the Administrative Code of 1987

The Committee approved HB 2729. The Secretariat was instructed to prepare the corresponding Committee Report.

HB 3570 Rep. Primicias-Agabas

Amending Act No. 3326, or the law establishing periods of prescription for violators penalized by special acts and municipal ordinances and to provide when prescription shall begin to run

The Committee approved HB 3570. The Secretariat was instructed to prepare the corresponding Committee Report.

HBs 665, 2258, 3341, 3348 & 3424

Reps. Sarmiento (C.), Cueva, Lagdameo (A.), Gerona-Robredo & Acosta-Alba

Declaring non-working holidays in certain parts of the country

The Committee approved the five bills. The Committee Secretariat was instructed to prepare the Committee Report on each of the bill.

HB 1585 Rep. Escudero Penalizing influence peddling The Committee agreed to create a technical working group (TWG) to fine tune the bill.

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PUBLIC HEARING

COMMITTEE

MEASURES

SUBJECT MATTER ACTION TAKEN/DISCUSSION NO.

PRINCIPAL AUTHOR

Higher and Technical Education

HR 574 Rep. Romulo Inquiry into the necessity of restructuring public higher education institutions through amalgamation

The Committee, chaired by Pasig City Rep. Roman Romulo, conducted the first of a series of public hearings on the necessity of restructuring pubic higher education institutions (HEIs) through amalgamation (merger) as raised in HR 574. The public hearing was held on February 15, 2014 at the Marinduque Provincial Capital, Boac, Marinduque. The Committee listened to the comments of representatives of the four affected state universities and colleges (SUCs) − Marinduque State College (MSC), Romblon State University (RSU), Occidental Mindoro State College (OMSC) and Mindoro State College of Agriculture and Technology (MinSCAT) – to determine if they are in favor of the MIMARO Regional University System model of amalgamation that the Commission on Higher Education (CHED) has initiated. The Committee will conduct public hearings in other regions to determine if the CHED-proposed amalgamation of SUCs can be legislated to replace the existing charters of SUCs and if the Higher Education Modernization Act (RA 8292) should be amended. The SUCs present during the meeting were required to submit their position papers stating their stand on the proposed MIMARO Regional University System , as well as their recommendations on how to address the issues and concerns raised during the meeting such as the downgrading of the salary grades of incumbent presidents; displacement of faculty; determination of which SUC should be the main campus and who should become president of the Regional University System; problem of mobilizing students; and financial cost, among others. The public hearing was also attended by Marinduque Rep. Regina Ongsiako Reyes, CHED officials, National Economic and Development Authority (NEDA) Regional Director and MinSCAT, RSU and MSC presidents, faculty regents, alumni representatives and student regents.

SUBCOMMITTEE MEETING

COMMITTEE

MEASURES

SUBJECT MATTER ACTION TAKEN/ DISCUSSION NO.

PRINCIPAL AUTHOR

Human Rights (Subcommittee on Internally Displaced Persons)

Draft Consolidated Bill to HBs 239, 2247, 3003 & 3146

Reps. Relampagos, Rodriguez (R.), Tambunting & Gutierrez

Protecting the rights of internally displaced persons, providing penalties for violations thereof

The Subcommittee, chaired by Rep. Ibarra “Barry” Gutierrez III (Party-List, AKBAYAN), approved the draft consolidated bill subject to style and amendments, incorporating therein the recommendations of the resource persons present. The draft consolidated bill will be presented to the mother Committee for its consideration and approval.

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TECHNICAL WORKING GROUP MEETINGS

COMMITTEE

MEASURES

SUBJECT MATTER ACTION TAKEN/ DISCUSSION NO.

PRINCIPAL AUTHOR

Banks and Financial Intermediaries (Technical Working Group)

HBs 3112, 860, 1692, 2485, 2999 & 3021

Speaker Belmonte, Deputy Speaker Apostol, Reps. Nograles, Teodoro & Rodriguez (R.) and Deputy Speaker Padilla

Amending RA 7653, otherwise known as the New Central Bank Act

The technical working group (TWG), presided by the Committee Chair himself Rep. Sonny Collantes (3rd District, Batangas), terminated its deliberations on the proposed New Central Bank Act. The bill will be submitted to the mother Committee for consideration and approval. The TWG requested the resource persons present to submit their position papers on or before the end of February. Securities and Exchange Commission (SEC) Chair Teresita Herbosa spoke of a possible double accreditation of investment houses and brokerage dealers if the Bangko Sentral ng Pilipinas (BSP) is also granted regulatory powers over these entities, as proposed under the bills. Herbosa maintained that the SEC is at present the sole regulator of investment houses, registered lending companies and brokerage firms operating in the country. Rep. Collantes also requested SEC to submit its comments on the provision in the proposed law empowering the BSP to examine the transactions of “parent corporations” which may have material impact on the safety and soundness of the bank or the supervised institution, to determine if this proposed additional power of the BSP encroaches on the SEC’s authority. (HB 3122 describes a parent company as a corporation which owns directly or indirectly voting stock of a supervised institution sufficient to control its management and operations.) Other resource persons present in the meeting who also aired their views on the bills were: Executive Vice President Ma. Cristina Orbeta and General Counsel Romeo Mendoza Jr. of the Philippine Deposit Insurance Corporation (PDIC); Vittorio Almario, President of the Rural Bankers Association of the Philippines (RBAP); Executive Director Suzanne Felix and Atty. Rudy Fernandez of the Chamber of Thrift Banks (CTBs); Assistant Vice President Flordeliza Leong and Atty. Ron Salo of the Philippine Exporters Confederation, Inc. (Philexport); and former Finance Secretary Ernesto Leung.

Public Information (Technical Working Group)

Consolidated Bill to HBs 26, 34, 94, 149, 347, 485, 843, 1082, 1450, 1555, 1646,

Reps. Del Mar, Teodoro, Baguilat, Paquiz, Colmenares, Biazon, Tugna, Castelo, Ramos,

Strengthening the right of citizens to information held by the government

The technical working group (TWG), presided by the Committee Chair himself Rep. Jorge Almonte (1st District, Misamis Occidental), will continue its deliberation on the consolidated bill in its next meeting. The TWG discussed Sections 1-7 in today’s

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Continuation… Public Information (Technical Working Group)

1940, 2003, 2067, 2656, 2946, 3004, 3131, 3147, 3183, 3237, 3323, 3643 and Petition No. 0001

Suansing, Fortuno, Antonino-Nadres, Gutierrez, Nograles, Macapagal Arroyo (D.), Paez, Tambunting, Romualdo, Aglipay, Belmonte (J.C.), Gerona-Robredo, Rodriguez (R.) & Cruz-Gonzales and Right to Know, Right Now Coalition

meeting. Among the agreements reached were as follows:

Sections 1 (Short Title), 2 (Declaration of Policy), 4 (Definition of Terms), and 6 (Presumption) of the consolidated bill were adopted without amendments.

Section 3 (Coverage) of the Freedom of Information (FOI) bill approved in the 15th Congress, which enumerates all the government agencies and institutions covered by the proposed law, was adopted in lieu of the proposed Section 3 of the consolidated bill.

Section 5 (Access to Information) of the consolidated bill was amended to specifically state the duty of public officials to disclose and make available to the public all information pertaining to official acts, transactions or discussions, as well as government research data used as basis for policy development, in the manner prescribed by the proposed law and subject to certain exceptions. This section also excludes from mandatory disclosure “private acts, transactions or records of public officials and private individuals” except income tax returns and the Statement of Assets, Liabilities and Networth (SALN), subject to certain limitations.

Section 7 (Exceptions) will be deliberated on further in the next meeting, with the Presidential Communications Development and Strategic Planning Office (PCDSPO), Office of the President, being asked to clarify certain provisions of the administration bill.

Lawyer Sarah Sison, representing Undersecretary Manuel Quezon III of the PCDSPO, presented the salient points of the administration bill on FOI. She said the administration bill is similar to HB 3237, filed by Rep. Maria Leonor Gerona-Robredo (3rd District, Camarines Sur) and which is part of the consolidated bill.

Public Order and Safety (Technical Working Group)

HBs 2199 & 2518

Reps. Bataoil and Rodriguez (R.)

Providing for the Philippine National Police (PNP) modernization program

The technical working group (TWG), presided by Committee Vice Chair Rep. Samuel Pagdilao Jr. (Party-List, ACT-CIS), will deliberate further on HBs 2199 and 2518 in its next meeting. The members of the TWG agreed that the PNP modernization program will consist of six components, namely: Organizational Development, Human Resource and Management Development, Doctrine Development, Infrastructure Development,

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Continuation… Public Order and Safety (Technical Working Group)

Equipment Acquisition and Modernization and Financial Development. The TWG created six small groups which will study and formulate the provisions of each component. Each group will consist of representatives from the PNP, National Police Commission (NAPOLCOM), Department of the Interior and Local Government (DILG), Department of Budget and Management (DBM), and the House of Representatives. NAPOLCOM Vice Chair and Executive Officer Eduardo Escueta emphasized the need to re-examine the profile of the policemen and re-tool them to be able to comply with the three mandates of the institution, namely: to maintain peace and order, to ensure public safety and security, and to assist local government units (LGUs) in the effective delivery of basic services. He also sees the importance of developing the police force as a community leader and not just a law enforcer. However, Rep. Romeo Acop (2nd District, Antipolo City), pointed out that the PNP should focus on its primary role of preventing and solving crimes rather than aiming to be community leaders. Rep. Acop was once the Director for Comptrollership of the PNP. Rep. Magnolia Rosa Antonino-Nadres (4th District, Nueva Ecija) said the PNP should do something about its negative image in the community and restore people’s trust and confidence in the establishment. Rep. Pagdilao urged the PNP to identify and recommend funding sources noting that its modernization program will require P86 billion spread over five years. Police Chief Superintendent Allen Fortes of the PNP Directorate for Plans conveyed the PNP’s support for the two bills. He said the PNP’s reorganization plan will be included in the modernization program. The small groups will present their output to the TWG on May 2 and 20, 2014. The consolidated output will then be submitted to the Mother Committee on May 27, 2014.

Ways and Means (Technical Working Group)

HB 5, 10 & 3339

Reps. Biazon, Umali (R.) & Abu

Prescribing the Customs Modernization Act

The technical working group (TWG), presided by Committee Vice Chair Rep. Sharon Garin (Party-List, AAMBIS-OWA), will deliberate further on the nine bills in its next meeting. Rep. Garin clarified that the TWG intends to consolidate the customs modernization and anti-smuggling bills. Rep. Reynaldo Umali (2nd District, Occidental Mindoro) sought the designation of HB 10 as the lead bill as it also covers the provisions of the anti-smuggling bills and is similar to the bill

HB 3504 Rep. Rodriguez (R.)

Prescribing the Customs and Tariff Modernization Act

HB 166, 1348 & 1461

Reps. Singson (E.), Rodriguez (R.) & Romualdo

Further strengthening the anti-smuggling mechanism, amending for the purpose certain provisions of Presidential Decree No. 1464, otherwise known as the Tariff and Customs Code of the Philippines, as amended

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Continuation… Ways and Means (Technical Working Group)

HB 1583 Rep. Escudero Amending certain provisions of PD No. 1464, as amended

exhaustively deliberated on and approved on third reading during the 15th Congress. Rep. Garin, however, recommended a quick review of all the nine bills before a draft substitute bill is prepared and submitted to the mother Committee.

HB 3536 Rep. Guanlao Amending certain provisions on the disposition of seized smuggled rice and corn and increasing penalties for smuggling under the Tariff and Customs Code, as amended

Welfare of Children (Technical Working Group)

Draft Substitute Bill to HBs 823, 1332 & 3005

Reps. Teodoro, Sahali & Tambunting

Providing for the special protection of children in situations of armed conflict and providing penalties for violations thereof

The technical working group (TWG), presided by Rep. Gustavo Tambunting (2nd District, Parañaque City), terminated its deliberations on the draft substitute bill. The draft substitute bill will be submitted to the Mother Committee for its consideration and approval. In explaining the importance of the proposed law, Rep. Tambunting said the children need to be protected and reared in a positive environment to ensure that they will grow up to be morally upright and responsible citizens. He noted that many of the children caught in the middle of armed conflicts become victims of all forms of abuse, violence, neglect, cruelty, discrimination and other conditions prejudicial to their development; and many of them do not receive proper assistance. The TWG discussed lengthily various sections of the draft substitute bill, among which were Section 5 (Definition of Terms), Section 8 (Unlawfulor Prohibited Acts), Section 9 (Penalties), Section 19 (Requirement and Procedures on Age Verification and Presumption of Minority), and some sections of Chapter VII (Prevention, Rehabilitation and Reintegration, Rescue and Demobilization). During the discussion of the proposed definition of the term “child,” the agencies present gave differing opinions which led the Chair to request them to submit their respective proposals on how best to define the term. Dr. Roque Morales of the National Commission on Muslim Filipinos (NCMF) hinted at lowering the age of discretion from 18 years old to 15 years old since under the Islamic Law, a child reaching the age of puberty (13-15 years old) can already distinguish between right and wrong and should be held accountable for his/her wrongful acts. He added that in many cases, teenagers deliberately commit crimes and get away with it owing to their age. He opined that the law must not only protect the children but also the society which bear the consequences of criminal acts deliberately committed by some of them. However, Jacquiline Ruiz, Executive Director of the Children’s Rehabilitation Center (CRC), countered that children below 18 years old are

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Continuation… Welfare of Children (Technical Working Group)

afforded special protection under the UN Convention on the Rights of the Child as well as under Philippine laws. Also present in the meeting were representatives from the Department of Justice (DOJ), Department of Social Welfare and Development (DSWD), Supreme Court, Commission of Human Rights (CHR), Office of Civil Defense (OCD), Philippine National Police (PNP), Armed Forces of the Philippines (AFP), Council on the Welfare of Children (CWC), National Office of the Presidential Adviser on the Peace Process (OPAPP), Salinlahi Alliance for Children’s Concerns and the UNICEF.

AGENCY BRIEFING

COMMITTEE SUBJECT MATTER DISCUSSIONS

Inter-Parliamentary Relations and Diplomacy

Briefing on the bilateral relations between Taiwan and the Philippines

The Committee, chaired by Rep. Raul del Mar (1st District, Cebu City), listened to the briefing conducted by David Chen, 3rd Secretary of the Tapei Economic and Cultural Office (TECO) in the Philippines, on the bilateral relations between Taiwan and the Philippines. Chen said that Taiwan and the Philippines enjoy mutual economic and juridical cooperation and strong bilateral trade and investments relations. He added that Taiwan conducts humanitarian assistance and medical missions in the Philippines. With its robust economy, Taiwan employs nearly 90,000 Filipino workers who enjoy minimum wage and health insurance, he added. Chen also apprised the Committee of Taiwan’s economic development, particularly in the areas of agriculture, aquaculture and medical technology. Among the future perspectives of TECO in partnership with the Philippines are the following:

Signing of the Economic Cooperation Agreement (ECA);

Visa waiver to the Taiwanese nationals;

Conduct of the 3rd round TECO-MECO fishery meeting and the signing of the agreement on maritime law enforcement on fishery matters;

Signing of an agreement combating transnational crimes and developing police cooperation; and

Seeking support for Taiwan’s meaningful participation in the international community.

He extends his invitation to House Members to visit Taiwan in order to see the recent developments in his country.

Briefing by the Department of Foreign Affairs (DFA) on the Association of Southeast Asian Nations (ASEAN) Community 2015

Randy Arquiza, DFA Office of ASEAN Affairs Director, briefed the Committee on the country’s preparation for integration in the ASEAN Economic Community (AEC) by 2015. The AEC 2015 envisions a politically cohesive, economically integrated and socially responsible ASEAN community by 2015 by developing its 10-member countries into a single market and production base for the free flow of goods, services, investment, capital and skilled labor. Arquiza said the objectives of ASEAN integration is to develop

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Continuation… Inter-Parliamentary Relations and Diplomacy

physical connectivity through intermodal transport, information communications technology and energy networks; institutional connectivity through institutional mechanisms, strategies and mutual agreements; and people-to-people connectivity through increased investment in education, human resource development, innovation, and entrepreneurship, and ASEAN cultural exchanges and tourism. Ultimately, he added, the AEC aims to intensify and strengthen ASEAN community building efforts; enhance trade, investment and tourism; infrastructure development; enhance competitiveness; and narrow development gaps among ASEAN countries. Arquiza admitted that the Philippines is faced with challenges on the road to AEC 2015, but he said the way forward is through the 3C’s: compliance, competitiveness and communication.

OTHER MATTERS

COMMITTEE SUBJECT MATTER DISCUSSIONS

Basic Education and Culture

Discussion on the proposed four-day school week by the Metropolitan Manila Development Authority (MMDA)

The Committee, chaired by Rep. Kimi Cojuangco (5th District, Pangasinan), discussed the proposal of the Metropolitan Manila Development Authority (MMDA) for a four-day school week as one of possible solutions to the expected heavy traffic once the government’s road projects are implemented simultaneously. Department of Education (DepEd) Assistant Secretary Tonisito Umali said that the proposed 4-day school week will greatly affect schools with varying class shifts. The DepEd needs more time to prepare the schools, employees, teachers and students before the proposal is implemented. Pasay City Parent-Teacher Association (PTA) Federation President Willy Rodriguez explained that public schools need not be included in the proposal considering that most of their students live near or within the vicinity where the school is located. He opined that the four-day school week should only apply to private schools where most students go to school in private cars thus contributing to road congestion. Rep. Evelina Escudero (1st District, Sorsogon) stressed that the MMDA’s proposal is not a solution to the traffic congestion in Metro Manila. Besides, she said, the students’ daily activities are already crammed such that they may not be able to cope with additional school work on a given day resulting from a compressed school week. The DepEd is requested to submit to the Committee its position paper on the proposal.

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