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Congressional Record

PLENARY PROCEEDINGS OF THE 14th CONGRESS, SECOND REGULAR SESSION



HOUSE OF REPRESENTATIVES

Vol. 2 Monday, October 6, 2008 No. 25



CALL TO ORDER REP. DE GUZMAN. Mr. Speaker, I move also that we, in

the meantime, defer the approval of the Journal of the previous

At 10:00 a.m., the Deputy Speaker, Rep. Simeon A. session.

Datumanong, called the session to order.

THE PRESIDING OFFICER (Rep. Remulla). Is there

THE DEPUTY SPEAKER (Rep. Datumanong). The any objection? (Silence) The Chair hears none; the motion is

session is called to order. approved.



NATIONAL ANTHEM REP. DE GUZMAN. Mr. Speaker, I move that we

proceed to the Reference of Business.

THE DEPUTY SPEAKER (Rep. Datumanong). Everybody

will please rise to sing the Philippine National Anthem. THE PRESIDING OFFICER (Rep. Remulla). Is there

any objection? (Silence) The Chair hears none; the motion is

Everybody rose to sing the Philippine National Anthem. approved.

The Secretary General will please read the Reference of

PRAYER Business.



THE DEPUTY SPEAKER (Rep. Datumanong). Everybody REFERENCE OF BUSINESS

will please remain standing for the silent prayer.

The Secretary General read the following House

Everybody remained standing for the silent prayer. Resolutions on First Reading, and Committee Reports, and

the Presiding Officer made the corresponding references:

THE DEPUTY SPEAKER (Rep. Datumanong). Thank you.

The Sr. Dep. Majority Leader is recognized. RESOLUTIONS



SUSPENSION OF SESSION House Resolution No. 820, entitled:

“RESOLUTION URGING THE DEPARTMENT OF

REP. GONZALES (N.). Mr. Speaker, I ask for a few minutes FOREIGN AFFAIRS AND THE DEPARTMENT

suspension of the session. OF LABOR AND EMPLOYMENT TO PUSH FOR

REGULARIZATION OF UNDOCUMENTED

THE DEPUTY SPEAKER. (Rep. Datumanong). The FILIPINO WORKERS IN EUROPE”

session is suspended for a few minutes. By Representative Rodriguez

TO THE COMMITTEE ON OVERSEAS WORKERS

It was 10:01 a.m. AFFAIRS



RESUMPTION OF SESSION House Resolution No. 821, entitled:

“RESOLUTION DIRECTING THE

At 10:27 a.m., the session was resumed with Rep. Jesus APPROPRIATE HOUSE COMMITTEE TO

Crispin C. Remulla presiding. C O N D U C T A N I N Q U I RY, I N A I D O F

L E G I S L AT I O N O N T H E S TAT U S O F

THE PRESIDING OFFICER (Rep. Remulla). The OFFICIAL DEVELOPMENT ASSISTANCE

session is resumed. (ODA), GRANTS, AND OTHER AIDS

The Floor Leader is recognized. RECEIVED BY THE PHILIPPINES”

(“RESOLUSYON NAG-AATAS SA ANGKOP NA

REP. DE GUZMAN. Mr. Speaker, I move that in the KOMITE NG KONGRESO NA MAGSAGAWA

meantime, we defer the calling of the roll. NG PAGTATANONG, BILANG TULONG SA

PAGBABATAS, HINGGIL SA KALAGAYAN

THE PRESIDING OFFICER (Rep. Remulla). Is there any NG OFFICIAL DEVELOPMENT

objection? (Silence) The Chair hears none; the motion is approved. ASSISTANCE (ODA), MGA GAWAD, AT IBA

216 MONDAY, OCTOBER 6, 2008



PANG TULONG NA NATANGGAP NG SIRANG NATIONAL HIGH SCHOOL, AND

PILIPINAS”) APPROPRIATING FUNDS THEREFOR”

By Representative Joson recommending its approval in substitution of House Bill

TO THE COMMITTEE ON RULES No. 1470.

Sponsors: Representatives De Guzman, Lagman and

COMMITTEE REPORTS Villafuerte

TO THE COMMITTEE ON RULES

Report by the Committee on Justice (Committee Report No.

1347), re H.B. No. 431, entitled: Report by the Committee on Basic Education and Culture

“AN ACT PROVIDING FOR THE VENUE OF THE and the Committee on Appropriations (Committee Report

CRIMINAL AND CIVIL ACTION IN LIBEL No. 1358), re H.B. No. 5272, entitled:

CASES AGAINST COMMUNITY “AN ACT SEPARATING THE CAMARINES SUR

JOURNALISTS, PUBLICATIONS OR NATIONAL HIGH SCHOOL – SABANG ANNEX

BROADCAST STATIONS” IN BARANGAY SABANG, CITY OF NAGA,

recommending its approval without amendment. PROVINCE OF CAMARINES SUR FROM THE

Sponsors: Representatives Defensor (M.) and Del Mar CAMARINES SUR NATIONAL HIGH SCHOOL,

TO THE COMMITTEE ON RULES CONVERTING IT INTO AN INDEPENDENT

NATIONAL HIGH SCHOOL TO BE KNOWN AS

Report by the Committee on Local Government (Committee SABANG NATIONAL HIGH SCHOOL, AND

Report No. 1348), re H.B. No. 5258, entitled: APPROPRIATING FUNDS THEREFOR”

“AN ACT CONVERTING THE MUNICIPALITY OF recommending its approval in substitution of House Bill

DASMARIÑAS IN THE PROVINCE OF CAVITE No. 1417.

INTO A COMPONENT CITY TO BE KNOWN AS Sponsors: Representatives De Guzman, Lagman and

THE CITY OF DASMARIÑAS” Villafuerte

recommending its approval in substitution of House Bill TO THE COMMITTEE ON RULES

No. 5087.

Sponsors: Representatives Arnaiz, Barzaga and the Report by the Committee on Local Government (Committee

Members of the Committee on Local Report No. 1359), re H.B. No. 5273, entitled:

Government “AN ACT SEPARATING THE CITY OF PUERTO

TO THE COMMITTEE ON RULES PRINCESA FROM THE SECOND LEGISLATIVE

DISTRICT OF THE PROVINCE OF PALAWAN

Report by the Committee on Basic Education and Culture TO CONSTITUTE THE LONE LEGISLATIVE

and the Committee on Appropriations (Committee Report DISTRICT OF THE CITY OF PUERTO

No. 1356), re H.B. No. 5270, entitled: PRINCESA”

“AN ACT SEPARATING THE ALFONSO recommending its approval in substitution of House Bill

CASTAÑEDA NATIONAL HIGH SCHOOL – No. 4195.

PELAWAY ANNEX IN BARANGAY PELAWAY, Sponsors: Representatives Arnaiz, Mitra and Alvarez (A.)

MUNICIPALITY OF ALFONSO CASTAÑEDA, TO THE COMMITTEE ON RULES

PROVINCE OF NUEVA VIZCAYA FROM THE

ALFONSO CASTAÑEDA NATIONAL HIGH Report by the Committee on Basic Education and Culture

SCHOOL, CONVERTING IT INTO AN and the Committee on Appropriations (Committee Report

INDEPENDENT NATIONAL HIGH SCHOOL TO No. 1360), re H.B. No. 5274, entitled:

BE KNOWN AS CASECNAN NATIONAL HIGH “AN ACT CONVERTING THE STA. CATALINA

SCHOOL, AND APPROPRIATING FUNDS COMMUNITY HIGH SCHOOL IN THE

THEREFOR” MUNICIPALITY OF STA. CATALINA,

recommending its approval in substitution of House Bill PROVINCE OF NEGROS ORIENTAL INTO A

No. 1233. NATIONAL HIGH SCHOOL TO BE KNOWN AS

Sponsors: Representatives De Guzman, Lagman and STA. CATALINA NATIONAL HIGH SCHOOL,

Padilla AND APPROPRIATING FUNDS THEREFOR”

TO THE COMMITTEE ON RULES recommending its approval in substitution of House Bill

No. 1449.

Report by the Committee on Basic Education and Culture Sponsors: Representatives De Guzman, Lagman and

and the Committee on Appropriations (Committee Report Teves

No. 1357), re H.B. No. 5271, entitled: TO THE COMMITTEE ON RULES

“AN ACT SEPARATING THE CURRY NATIONAL

HIGH SCHOOL – BAGONG SIRANG ANNEX Report by the Committee on Basic Education and Culture

IN BARANGAY BAGONG SIRANG, and the Committee on Appropriations (Committee Report

MUNICIPALITY OF PILI, PROVINCE OF No. 1361), re H.B.No. 5275, entitled:

CAMARINES SUR FROM THE CURRY “AN ACT SEPARATING THE CALABANGA HIGH

NATIONAL HIGH SCHOOL, CONVERTING IT SCHOOL – SABANG ANNEX IN BARANGAY

INTO AN INDEPENDENT NATIONAL HIGH SABANG, MUNICIPALITY OF CALABANGA,

SCHOOL TO BE KNOWN AS BAGONG PROVINCE OF CAMARINES SUR FROM THE

MONDAY, OCTOBER 6, 2008 217



CALABANGA HIGH SCHOOL, CONVERTING IT SUSPENSION OF SESSION

INTO AN INDEPENDENT NATIONAL HIGH

SCHOOL TO BE KNOWN AS SABANG REP. DE GUZMAN. Mr. Speaker, I move for a one-

NATIONAL HIGH SCHOOL, AND minute suspension of the session.

APPROPRIATING FUNDS THEREFOR”

recommending its approval in substitution of House Bill THE PRESIDING OFFICER (Rep. Remulla). The session

No. 1471. is suspended.

Sponsors: Representatives De Guzman, Lagman and

Villafuerte It was 10:29 a.m.

TO THE COMMITTEE ON RULES

RESUMPTION OF SESSION

Report by the Committee on Basic Education and Culture

and the Committee on Appropriations (Committee Report At 10:30 a.m., the session is resumed.

No. 1362), re H.B. No. 5276, entitled:

“ A N A C T S E PARAT I N G T H E C O G O N THE PRESIDING OFFICER (Rep. Remulla). The

NATIONAL HIGH SCHOOL – VILLARICA session is resumed.

A N N E X I N B A R A N G AY V I L L A R I C A , The Floor Leader is recognized.

ISLAND GARDEN CITY OF SAMAL,

PROVINCE OF DAVAO DEL NORTE FROM REP. DE GUZMAN. Mr. Speaker, the Gentleman from

THE COGON NATIONAL HIGH SCHOOL, the Second District of Zambales, Rep. Antonio M. Diaz,

CONVERTING IT INTO AN INDEPENDENT would like to rise on a personal and collective privilege. May

NATIONAL HIGH SCHOOL TO BE KNOWN he be recognized.

AS NIEVES VILLARICA NATIONAL HIGH

SCHOOL, AND APPROPRIATING FUNDS THE PRESIDING OFFICER (Rep. Remulla). What is

THEREFOR” the pleasure of the Gentleman from Zambales?

recommending its approval in substitution of House Bill

No. 1839. REP. DIAZ. Mr. Speaker, this is not exactly a question

Sponsors: Representatives De Guzman, Lagman and of personal and collective privilege. This is an

Lagdameo acknowledgment of the splendid performance of a government

TO THE COMMITTEE ON RULES institution whose officers are here now, Mr. Speaker.



Report by the Committee on Basic Education and Culture THE PRESIDING OFFICER (Rep. Remulla). All right.

and the Committee on Appropriations (Committee Report The Gentleman has 10 minutes.

No. 1363), re H.B. No. 5277, entitled:

“AN ACT CONVERTING THE COGTONG HIGH REP. DIAZ. May I acknowledge the presence of Admiral

SCHOOL IN BARANGAY COGTONG, Diñoso and his staff who have come all the way from San

MUNICIPALITY OF CANDIJAY, PROVINCE OF Narciso, Zambales to present the successful performance—

BOHOL INTO A NATIONAL HIGH SCHOOL TO performance par excellence—of the PMMA in the

BE KNOWN AS COGTONG NATIONAL HIGH professional examinations for the service of the Filipino

SCHOOL, AND APPROPRIATING FUNDS people, Mr. Speaker.

THEREFOR” In the results in the written phase of the Marine Engineer

recommending its approval in substitution of House Bill examination, Philippine Merchant Marine Academy

No. 1886. (PMMA) graduates landed in the 1st, 2nd, 3rd, 4th, 6th, 7th, and

Sponsors: Representatives De Guzman, Lagman and Jala 9th places.

TO THE COMMITTEE ON RULES For the 2nd Marine Engineer examination results in the

written phase, PMMA graduates garnered a remarkable

Report by the Committee on Basic Education and Culture score, allowing them to land in the 3rd, 4th, two in the 5th, two

and the Committee on Appropriations (Committee Report in the 6th, 8th, two in the 9th and three in the 10th places, Mr.

No. 1364), re H.B. No. 5278, entitled: Speaker.

“AN ACT CONVERTING THE OY HIGH SCHOOL The 33 examinees belonging to Batch 2008 have hurdled

IN BARANGAY OY, MUNICIPALITY OF and passed the written phase of the Officer-In-Charge

LOBOC, PROVINCE OF BOHOL INTO A Marine Engineer examination. Out of these thirty-three

NATIONAL HIGH SCHOOL TO BE KNOWN AS successful examinees, six of them landed in the 2nd, 4th, 5th,

OY NATIONAL HIGH SCHOOL, AND 7th, 9th and 10th places; while the 55 PMMA graduates who

APPROPRIATING FUNDS THEREFOR” earlier took the walk-in examination for this level last July-

recommending its approval in substitution of House Bill August 2008 made a remarkable 100 percent performance

No. 1887. rating.

Sponsors: Representatives De Guzman, Lagman and Jala These are children of farmers, jeepney drivers, veterans

TO THE COMMITTEE ON RULES and fishermen, Mr. Speaker.

I wish to acknowledge the presence of the PMMA

THE PRESIDING OFFICER (Rep. Remulla). The Floor President, Admiral Diñoso and his staff. (Applause)

Leader is recognized. Thank you, Mr. Speaker.

218 MONDAY, OCTOBER 6, 2008



At this juncture, the Presiding Officer relinquished the examinations, thereby serving as the pacesetter in the field of

Chair to Deputy Speaker Simeon A. Datumanong. maritime educational institution in the whole of the Philippine

Islands.

THE DEPUTY SPEAKER (Rep. Datumanong). What is The PMMA’s continuous commitment to achieve

the pleasure of the Gentleman from Parañaque City? excellence in the field of maritime education truly merits the

possible classification of the oldest marine institution in the

REP. GOLEZ. Mr. Speaker. Philippines to be a center of excellence in marine education

and training.

THE DEPUTY SPEAKER (Rep. Datumanong). What Thank you, Mr. Speaker.

is the pleasure of the Gentleman from Parañaque City?

THE DEPUTY SPEAKER (Rep. Datumanong). The

REP. GOLEZ. Mr. Speaker, I would like to join the Floor Leader is recognized.

manifestation of our colleague from Zambales, the honorable

Congressman Diaz, with respect to his words of REP. DE GUZMAN. Mr. Speaker, we join the

commendation for the PMMA graduates who did very well manifestation of the Honorable Diaz in congratulating the

in the board examinations. PMMA for garnering the topnotcher post in the last

This Representation has had the pleasure of working examination for marine engineers.

closely with the alumni of the PMMA when I was a junior

officer in the Philippine Navy (PN) and when I was with the CONSIDERATION OF H.B. NO. 5116

Maritime Industry Authority (Marina) as deputy administrator. Continuation

Even today, some of my colleagues are graduates of the

PMMA, and I know for a fact that they have really PERIOD OF SPONSORSHIP AND DEBATE

distinguished themselves, they have acquitted themselves,

not only with respect to the Philippine maritime industry, but REP. DE GUZMAN. Mr. Speaker, may I move that we

with the global maritime industry. Many world shipping take up House Bill No. 5116, and may the Secretary General

entities are headed by PMMA graduates and they have done be directed to read the title of the measure.

so well in flying the flag of the country. In fact, it is often said

that the sun never sets as far as the Philippine merchant THE DEPUTY SPEAKER (Rep. Datumanong). Is there

marine industry is concerned primarily because of the many any objection? (Silence) The Chair hears none; the motion is

alumni of the PMMA. approved.

I would like to reiterate, I am joining the manifestation The Secretary General will read only the title of the bill.

of our colleague from Zambales.

Thank you very much, Mr. Speaker. Thank you very THE SECRETARY GENERAL. House Bill No. 5116,

much, distinguished colleague from Zambales. entitled: AN ACT APPROPRIATING FUNDS FOR THE

OPERATION OF THE GOVERNMENT OF THE

REP. DIAZ. Mr. Speaker, the statement comes from REPUBLIC OF THE PHILIPPINES FROM JANUARY

a distinguished Member of Congress and a ONE TO DECEMBER THIRTY-ONE TWO THOUSAND

distinguished graduate of Kings Point Academy, the AND NINE AND FOR OTHER PURPOSES.

distinguished Gentleman from Parañaque. Is that

correct, Kings Point? THE DEPUTY SPEAKER (Rep. Datumanong). The

Floor Leader is recognized.

REP. DE GUZMAN. Annapolis.

REP. DE GUZMAN. Mr. Speaker, our parliamentary

REP. DIAZ. Annapolis, I am sorry. status is the bill is still in the period of sponsorship and

debate on the budgets of the different agencies.

REP. GOLEZ. I was with the United States Naval Academy I move that we take up the budget of the Department of

at Annapolis, whose football team just defeated, 24 hours Labor and Employment (DOLE). For this reason, I move that

ago, the football team of the United States Air Force Academy we recognize the Honorable Narciso R. Bravo Jr. for his

for six years in a row now, the same navy football team that sponsorship.

defeated West Point, the army team, for six years in a row

also. THE DEPUTY SPEAKER (Rep. Datumanong). Is there

Thank you very much, Mr. Speaker. any objection? (Silence) The Chair hears none; the motion is

approved.

THE DEPUTY SPEAKER (Rep. Datumanong). The The distinguished Sponsor, the honorable Congressman

Honorable Diaz is recognized . Bravo, is recognized.



REP. DIAZ. Mr. Speaker, I stand corrected by the REP. BRAVO. Mr. Speaker, we are ready to answer

Gentleman from Parañaque City, but I want to mention also questions pertaining to the 2009 proposed budget for the

that he was the boxing champion of the academy when he Department of Labor and Employment and all its attached

was in school, and to receive this praise from him is quite an agencies except TESDA.

honor. The PMMA has, to mention correctly, consistently

performed well in various PRC-administered board REP. DE GUZMAN. Mr. Speaker.

MONDAY, OCTOBER 6, 2008 219



THE DEPUTY SPEAKER (Rep. Datumanong). The Floor watching the news this morning. I understand Canada is

Leader is recognized. looking for about 70,000 workers and the average salary for a

good welder is something like $4,000 a month. That was

REP. DE GUZMAN. I move that the Honorable Carlos reported in the news. May we know from the distinguished

M. Padilla of the Lone District of Nueva Vizcaya be Sponsor, from the DOLE, what we are doing about this?

recognized for his interpellation. Thank you.



THE DEPUTY SPEAKER (Rep. Datumanong). The REP. BRAVO. As of the moment, Mr. Speaker, Canada,

Gentleman from Nueva Vizcaya is recognized for his New Zealand, France and Australia have already been

interpellation. negotiating directly with their local counterparts insofar as

contracting Filipino workers, especially in the area of health

REP. PADILLA. Mr. Speaker, I opt not to interpellate service and skilled workers, is concerned. Aside from that,

anymore because I believe the DOLE and its attached we are actually conducting trainings to improve the skills of

agencies would need the full support of the House, and my our Filipino workers so that they will be far better than other

concern was properly addressed during the committee level. nationals, Mr. Speaker.

Thank you, Mr. Speaker.

REP. GOLEZ. Thank you, Mr. Speaker.

REP. DE GUZMAN. Mr. Speaker, may the Honorable I just would like to request, and I do not need the

Golez from the Second District of Parañaque City be answer now so that we can abbreviate our debate on the

recognized. budget of the DOLE, may I have a report from the DOLE on

the latest number of OFWs deployed in various countries?

THE DEPUTY SPEAKER (Rep. Datumanong). The I was talking, about two weeks ago, with a constituent

Gentleman from the Second District of Parañaque City is from Better Living Subdivision in Parañaque. I was surprised

recognized. to find out that we have several hundreds even in Western

Samoa, which is a country or a territory not so much heard

REP. GOLEZ. Thank you, Mr. Speaker. Thank you, of. But we have gainfully employed Filipinos there and

distinguished Floor Leader. they are very happy with their situation.

Good morning to the distinguished Sponsor of the budget May I have the latest breakdown, by country, the

of DOLE, our colleague from Masbate, Congressman Bravo, number of OFWs deployed in each of these countries, and

and my greetings to the Department of Labor and also, which countries we are targeting. I am talking of

Employment. countries that are experiencing demographic problems;

I will not take very long, Mr. Speaker. I just would like, on Germany, Italy to a certain extent, Singapore, Japan and

record, to ask what the DOLE has been doing to further boost Korea. And, what special program are we undertaking to

human capital as a great asset of this great country, especially make sure that we are very competitive in the deployment

with respect to the deployment of overseas Filipino workers of OFWs? I am not asking for a response right now. Can I

(OFWs) who are contributing very critically to the economy have this report and how soon can we have this report,

of the Philippines. I have here records of how the other Mr. Speaker?

countries have been doing with respect to human capital

deployment. I understand that the top five overseas workers’ REP. BRAVO. Within the day, Mr. Speaker.

countries, ranked by their remittances, are the following: India,

with a population of more than a billion already, remitted REP. GOLEZ. Thank you very much.

$27 billion in 2007; China, with a population of more than a On that note, Mr. Speaker, I would like to terminate my

billion, 1.2-1.3 billion, remitted $25.7 billion; and Mexico, interpellation. Thank you so much.

which is one of the largest countries in the American continent

with a population of about 130 million, remitted $25 billion. SUSPENSION OF SESSION

I think many of the remittances are from Mexicans based in

the United States (US). Then, the Philippines is no. 4 with a THE DEPUTY SPEAKER (Rep. Datumanong). The

recorded remittance of $17 billion for 2007. And no. 5, very session is suspended for one minute.

surprisingly, is France, with remittances amounting to $12.5

billion. I understand that of late, we are already talking of It was 10:45 a.m.

about $1.4 billion a month in remittances. But it is the feeling

of this Representation that there are still more opportunities RESUMPTION OF SESSION

because of the demography of some countries like Western

Europe, Japan, even Singapore, Korea, which is now At 10:54 a.m., the session was resumed.

experiencing a more mature population and, therefore, in

terms of percentages, they have less human capital to deploy THE DEPUTY SPEAKER (Rep. Datumanong). The

for their own internal requirements. session is resumed.

My question, Mr. Speaker, is: What in particular are we

doing to further boost our deployment of human capital, REP. GONZALES (N.). Mr. Speaker.

especially with respect to these countries that have some

demographic problems like those in Western Europe? Are we THE DEPUTY SPEAKER (Rep. Datumanong). The Sr.

being aggressive about this? Or are we just waiting? I was Dep. Majority Leader is recognized.

220 MONDAY, OCTOBER 6, 2008



REP. GONZALES (N.). Mr. Speaker, I move that we THE DEPUTY SPEAKER (Rep. Datumanong). Is there

suspend in the meantime the deliberation on the budget of any objection to the joint motion by the minority and the

the DOLE, including its attached agencies. majority to terminate the sponsorship and debate on the

budget of the Film Development Council of the

THE DEPUTY SPEAKER (Rep. Datumanong). Is there Philippines? (Silence) The Chair hears none; the motion

any objection? (Silence) The Chair hears none; the motion is is approved.

approved.

REP. GONZALES (N.). Mr. Speaker, I move that we

REP. GONZALES (N.). Mr. Speaker, I move that we take up the budget of the National Commission on the Role

take up the budget of other executive offices. of Filipino Women (NCRFW), and for this purpose, may I

ask for the recognition of the distinguished Dep. Minority

THE DEPUTY SPEAKER (Rep. Datumanong). Is there Leader, the Honorable Antonino-Custodio.

any objection? (Silence) The Chair hears none; the motion is

approved. THE DEPUTY SPEAKER (Rep. Datumanong). Is there

any objection? (Silence) The Chair hears none; the motion is

REP. GONZALES (N.). Mr. Speaker, I move that we approved.

take up the budget of the Commission on the Filipino The Deputy Minority Leader is recognized for her

Language, and for this purpose, I ask that we recognize manifestation or interpellation.

the Deputy Minority Leader, the Honorable Antonino-

Custodio. REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf

of the minority, there being no interpellators on the budget of

THE DEPUTY SPEAKER (Rep. Datumanong). Is there the National Commission on the Role of Filipino Women, I

any objection? (Silence) The Chair hears none; the motion is move for the termination of the period of sponsorship and

approved. debate on the budget of the NCRFW.

The Deputy Minority Leader from the First District of

South Cotabato is recognized. REP. GONZALES (N.). We join the minority in its

motion, I so move, Mr. Speaker.

REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf of

the minority, there being no interpellators on the budget of THE DEPUTY SPEAKER (Rep. Datumanong). Is there

the Commission on the Filipino Language, I move for the any objection to the joint motion of the minority and the

termination of the period of sponsorship and debate on the majority to terminate the period of sponsorship and debate

budget of the said commission. on the budget of the National Commission on the Role of

Filipino Women? (Silence) The Chair hears none; the motion

REP. GONZALES (N.). We join the minority in its is approved.

motion. I so move, Mr. Speaker.

REP. GONZALES (N.). Mr. Speaker, I move that we

THE DEPUTY SPEAKER (Rep. Datumanong). There take up the budget of the Presidential Commission for the

is a joint motion by the minority and the majority that the Urban Poor, and for this purpose, may I ask for the recognition

period of sponsorship and debate on the budget of the of the distinguished Deputy Minority Leader, the Honorable

Commission on the Filipino Language be terminated. Antonino-Custodio.

Is there any objection? (Silence) The Chair hears none;

the motion is approved. THE DEPUTY SPEAKER (Rep. Datumanong). Is there

any objection? (Silence) The Chair hears none; the motion is

REP. GONZALES (N.). Mr. Speaker, I move that we approved.

take up the budget of the Film Development Council of the The Deputy Minority Leader is recognized for her

Philippines, and for this purpose, may I ask for the recognition manifestation or interpellation.

of the Deputy Minority Leader, the Honorable Antonino-

Custodio. REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf

of the minority, there being no interpellators for the budget

THE DEPUTY SPEAKER (Rep. Datumanong). Is there of the Presidential Commission for the Urban Poor, I move

any objection? (Silence) The Chair hears none; the motion is for the termination of the period of sponsorship and debate

approved. for the said commission.

The Deputy Minority Leader is recognized.

REP. GONZALES (N.). We join the minority in its

REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf motion, I so move, Mr. Speaker.

of the minority, there being no interpellators for the budget

of the said agency, I move for the termination of the period THE DEPUTY SPEAKER (Rep. Datumanong). Is there

of sponsorship and debate on the budget of the said any objection to the motion of the minority and the

agency. majority to terminate the period of sponsorship and

debate on the budget of the Presidential Commission for

REP. GONZALES (N.). We join the minority in its the Urban Poor? (Silence) The Chair hears none; the

motion. I so move, Mr. Speaker. motion is approved.

MONDAY, OCTOBER 6, 2008 221



REP. GONZALES (N.). Mr. Speaker, under other executive THE DEPUTY SPEAKER (Rep. Datumanong). There is a

offices, I move that we suspend, in the meantime, the motion by the minority and the majority to terminate the period

consideration of the budget of the Movie and Television of sponsorship and debate on the budgets of the Cultural

Review Board (MTRCB) and the Optical Media Board (OMB). Center of the Philippines and the Development Academy of

the Philippines.

THE DEPUTY SPEAKER (Rep. Datumanong). Is there Is there any objection? (Silence) The Chair hears none;

any objection? (Silence) The Chair hears none; the motion is the motion is approved.

approved.

REP. GONZALES (N.). Mr. Speaker, under other executive

REP. GONZALES (N.). Mr. Speaker, I move that we offices, I move that we take up the budget of the Commission

take up the budgetary support to government corporations, on Filipinos Overseas, and for this purpose, may I ask for the

particularly with reference to Cagayan Economic Zone recognition of the distinguished Deputy Minority Leader,

Authority and Zamboanga City Special Economic Zone the Honorable Antonino-Custodio.

Authority, and for this purpose, I ask that we recognize the

distinguished Deputy Minority Leader, the Honorable THE DEPUTY SPEAKER (Rep. Datumanong). Is there

Antonino-Custodio. any objection? (Silence) The Chair hears none; the motion is

approved.

THE DEPUTY SPEAKER (Rep. Datumanong). Is there The Deputy Minority Leader is recognized.

any objection? (Silence) The Chair hears none; the motion is

approved. REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf

The Deputy Minority Leader is recognized. of the minority, there being no interpellators on the budget of

the Commission of Filipinos Overseas, I move for the

REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf termination of the period of sponsorship and debate on the

of the minority, there being no interpellators, I move for the budget for the said commission.

termination of the period of sponsorship and debate on the

budget of the Cagayan Economic Zone Authority as well as REP. GONZALES (N.). We join the minority in its

the Zamboanga City Special Economic Zone. motion. We so move, Mr. Speaker.



REP. GONZALES (N.). We join the minority in its THE DEPUTY SPEAKER (Rep. Datumanong). Is there

motion. We so move, Mr. Speaker. any objection? (Silence) The Chair hears none; the motion is

approved.

THE DEPUTY SPEAKER (Rep. Datumanong). There

is a motion by the minority and the majority to terminate the SUSPENSION OF SESSION

period of sponsorship and debate on the budgets of the

Cagayan Economic Zone Authority and the Zamboanga City REP. GONZALES (N.). Mr. Speaker, I ask for a few minutes

Special Economic Zone Authority. suspension of the session.

Is there any objection? (Silence) The Chair hears none;

the motion is approved. THE DEPUTY SPEAKER (Rep. Datumanong). The

session is suspended for a few minutes.



REP. GONZALES (N.). Mr. Speaker, under the It was 11:02 a.m.

budgetary support to government corporations, I move that

we take up the budget of the Cultural Center of the Philippines RESUMPTION OF SESSION

(CCP) and the Development Academy of the Philippines

(DAP), and for this purpose, may I ask for the recognition of At 11:03 a.m., the session was resumed.

the Deputy Minority Leader, the Honorable Antonino-

Custodio. THE DEPUTY SPEAKER (Rep. Datumanong). The

session is resumed.

THE DEPUTY SPEAKER (Rep. Datumanong). Is there The Sr. Dep. Majority Leader is recognized.

any objection? (Silence) The Chair hears none; the motion is

approved. REP. GONZALES (N.). Mr. Speaker, I move that we

The Deputy Minority Leader is recognized. resume consideration of the budget of the DOLE, including

its attached agencies except TESDA.

REP. ANTONINO-CUSTODIO. Mr. Speaker, on behalf

of the minority, there being no interpellators for the budget THE DEPUTY SPEAKER (Rep. Datumanong). Is there

of the Cultural Center of the Philippines as well as the any objection? (Silence) The Chair hears none; the motion is

Development Academy of the Philippines, I move to terminate approved.

the period of sponsorship and debate on the budget of the

said government corporations. REP. GONZALES (N.). Mr. Speaker, I move that we

recognize the distinguished Congressman Narciso R. Bravo

REP. GONZALES (N.). We join the minority in its motion. Jr., the Vice-Chairman of the sponsoring committee, to answer

We so move, Mr. Speaker. interpellations.

222 MONDAY, OCTOBER 6, 2008



THE DEPUTY SPEAKER (Rep. Datumanong). The when they are already incorporated into the labor force, that

distinguished Sponsor, the honorable Congressman Bravo is where the figures jumped up from 7.4 percent to 8 percent.

Jr., is recognized to answer interpellations.

REP. MAZA. Mr. Speaker, according to the labor force

REP. GONZALES (N.). Mr. Speaker, to interpellate the survey of the NSO, there is only a moderate increase of 0.1

distinguished Sponsor, I move for the recognition of the Lady percent or 53,000 entrance to the country’s labor force. As a

from Gabriela, the Honorable Liza L. Maza. matter of fact, Mr. Speaker, there seems to be a contradiction

here because at the height of the US financial crisis, the DOLE

THE DEPUTY SPEAKER (Rep. Datumanong). The and Malacañang made pronouncements that the local

distinguished Lady from Gabriela is recognized. workforce weathered the global economic downtrend, and

more workers were employed than terminated. But this

REP. MAZA. Thank you, Mr. Speaker. statement actually contradicts the observation of the National

First of all, may I ask the Sponsor if the Secretary of the Economic and Development Authority (NEDA) wherein it

DOLE is here. stated, and I quote:

“The country’s labor force is taking the brunt of the

REP. BRAVO. Yes, Mr. Speaker. continuing global and local economic crisis, as the

employment rate decreased to 92.0% in April 2008, from 92.6%

REP. MAZA. Thank you, Mr. Speaker. for the same month in 2007.”

As my initial set of questions, I would like to know if the That is why I am clarifying because there seems to be

Sponsor and this Representation are one in appreciating the two statements here which are contradictory: one, coming

current situation of labor in our country. I would like to know from the DOLE and Malacañang, and the other coming from

from the Sponsor: what is the unemployment rate in our the NEDA and the NSO.

country right now.

REP. BRAVO. Mr. Speaker, actually, we have the same

REP. BRAVO. At present, it is 7.4 percent. source. The source of our data is actually also the NSO.

May I request for a one-minute suspension of the session,

REP. MAZA. Is it an increase from last year, or is it a Mr. Speaker.

decrease?

REP. MAZA. Thank you.

REP. BRAVO. Last year’s unemployment percentage is

7.8 percent, so that means it is a decrease in the unemployment SUSPENSION OF SESSION

rate, Mr. Speaker.

THE DEPUTY SPEAKER (Rep. Datumanong). The

REP. MAZA. May I know where did the Gentleman get session is suspended for a few minutes.

the data? The National Statistics Office (NSO) reported that

the unemployment rate grew to 8 percent in April 2008 from It was 11:09 a.m.

7.4 percent last year.

RESUMPTION OF SESSION

REP. BRAVO. We will submit a complete report, Mr.

Speaker. At 11:11 a.m., the session was resumed.



REP. MAZA. But, of course, the Secretary is here. THE DEPUTY SPEAKER (Rep. Datumanong). The

Perhaps, the good Sponsor can ask the Secretary on the exact session is resumed.

unemployment rate in our country. The Sponsor may respond now to the interpellation of

the Lady from Gabriela.

REP. BRAVO. The 7.4 percent is in accordance with the

July report, and that what the Lady is saying is the statistics REP. BRAVO. I have already conferred with the Lady

for April 2008, Mr. Speaker. from Gabriela, Mr. Speaker. We will just submit a clarificatory

statement later on.

REP. MAZA. Is the Sponsor saying that the

unemployment rate is 7.4 percent for July? REP. MAZA. Yes, thank you, I would appreciate that.

But just to conclude this point, I would also like to say

REP. BRAVO. Yes, that is correct, Mr. Speaker. that, aside from the increasing unemployment rate, the

underemployment rate also increased from 9.8 percent to 18.9

REP. MAZA. Could he explain why there is such an percent in 2007.

increase, given that the NSO reported that the unemployment I would like to also tell the good Sponsor to look into

rate for April is 8 percent. Why is there a big jump in three the labor force participation rate because maybe this is the

months? The unemployment rate of 8 percent decreased to reason he is saying that the unemployment rate decreased

7.4 percent in July, is there any reason for this? because his base figure actually also decreased. This is a

statistical manipulation which we have been criticizing all

REP. BRAVO. The April figure, Mr. Speaker, does not along. I would like to state that actually, labor force

include the new graduates so that after the April graduation, participation rate decreased to 63.2 percent from 64.5 percent.

MONDAY, OCTOBER 6, 2008 223



That is already a large number of able-bodied people who REP. BRAVO. Mr. Speaker, the policy of the DOLE,

want to work actually but are not included in the labor force. actually, and even the government for that matter, is the

I would suggest that the good Sponsor look into this data promotion of local employment and not the overseas

because this is important. This is important because I think employment. This is complemented by the introduction of

that we have to review our budget and the policies embedded livelihood training programs and livelihood projects that

in our budget also to respond to these very critical problems are being provided by the Department of Labor, Mr.

that we have now— the increasing unemployment and Speaker.

underemployment among our nationals.

My next set of questions is regarding the 861,000 REP. MAZA. But that contradicts their own report

additional jobs created in 2007. Upon study of the jobs that wherein they said that for 2007, they assisted 39,000 for

were created, I would like to note that most jobs created are local placement which constitutes 5 percent, at the same time,

for domestic household help which accounts for 142,000 jobs. their facilitation for overseas employment increased by 20

Another is in the transport/storage and communication percent or 220,000. These data is contrary to what they are

sectors which account for 116,000 jobs; the wholesale and saying that they are facilitating more local employment. As a

retail trade which accounts for 111,000 jobs; the real estate follow-up to that, since in 2007, they facilitated more overseas

renting and business activities which account for 104,000 employment, is that not also contrary to the Migrant Workers

jobs; and in construction which accounts for 103,000 jobs. and Overseas Filipinos Act of 1995? Said Act declares that:

My analysis of these figures is that it seems that the jobs “The State does not promote overseas employment as a means

being created are low-paying, menial and are insecure. to sustain economic growth and achieve national

Does the Gentleman agree with me in this observation? development.”



REP. BRAVO. We do not completely agree with the REP. BRAVO. I agree, Mr. Speaker. It is a matter of

statement, Mr. Speaker. The department would be very much policy. The department and the government, for that matter,

willing to submit an analytical report regarding the labor force, do not actually promote overseas employment. We are more

Mr. Speaker. focused on the local employment. However, it appears that

the figure for local employment is minimal compared to that

REP. MAZA. But offhand, would the Sponsor agree with for the overseas employment. It is because we have a large

me, given this data, that the additional jobs created in 2007, employment base data for the local employment compared

even in 2006, and this has been a trend already that, indeed, with the overseas employment, Mr. Speaker.

the jobs being created are insecure, semi-skilled or unskilled,

and menial? REP. MAZA. Because of this, my sense is that they have

shifted to prioritizing overseas employment as a policy.

REP. BRAVO. I would agree to the observation of the

Lady from Gabriela. But there is an increase also in, practically, REP. BRAVO. Mr. Speaker, we are just actually

all job categories. responding to the demand because overseas employment is

demand-driven, but it is not actually the policy or the focus

REP. MAZA. Would the Sponsor tell this Representation of this department to promote the overseas employment of

what the department is doing to redirect such trend because, our Filipino workers. However, we cannot also prevent our

surely, this is quite disturbing. people from seeking greener pastures abroad. That is why

we are trying also to look for a good package for them, Mr.

REP. BRAVO. Right now, we are improving the job Speaker.

matching process so that our job applicants will be guided

accordingly, Mr. Speaker. REP. MAZA. I will not belabor on that point for now,

Mr. Speaker. I would like to go to the Major Final Output

REP. MAZA. Would the Sponsor also agree with me, (MFO) 3 which has a budget of P836 million. This MFO is

given that answer which is also quite a revealing one, that about social partnership promotion and dispute resolution

the DOLE is more concerned with job facilitation rather than service of the department. My question is: is the budget for

substantial job generation? Assumption of Jurisdiction orders issued by the Labor

Secretary included in MFO3?

REP. BRAVO. Actually, the focus of the department as of

today is on the job facilitation, but it does not preclude other REP. BRAVO. Yes, Mr. Speaker.

activities and programs that would enhance employment, Mr.

Speaker. REP. MAZA. I would like to also know how many

Assumption of Jurisdiction (AJ) orders were issued since

REP. MAZA. In relation to job facilitation, is it the focus 2004?

of the department to facilitate jobs outside of the country

instead of inside? Because I would also like to note that, in REP. BRAVO. Since when, Mr. Speaker?

your job facilitation target for 2009 and for the funding for

that, they were targeting only 5 percent for job facilitation REP. MAZA. Since 2004, Mr. Speaker.

inside the country, whereas, they were targeting 20 percent

for job facilitation outside the country. Is this the policy of REP. BRAVO. They are averaging 15 certifications per

DOLE? year, Mr. Speaker.

224 MONDAY, OCTOBER 6, 2008



REP. MAZA. Fifteen AJ orders? laws and international labor laws. That is why the Assumption

of Jurisdiction Order is abused as what I have been saying

REP. BRAVO. Fifteen AJs, and more or less the same earlier. Therefore, I would very much move for a review of

number for the certification also. this policy and also look into the budget that is being allotted

to implement this policy. At the proper time, I would propose

REP. MAZA. Thank you, Mr. Speaker. an amendment so that these policies and these orders would

The reason I asked this is the AJ Orders have been very not contribute to the further oppression of our working class,

much criticized by the workers. They said that AJ orders have Mr. Speaker.

resulted in several cases of violent dispersals in strike areas

and even killing and injuring workers, as in the case of REP. BRAVO. We will take note of that, Mr. Speaker. In

Hacienda Luisita. fact, we are open to review and we will take necessary actions

This Representation strongly believes that this power of on this, Mr. Speaker.

the Labor Secretary to issue AJ orders has been abused many

times. Therefore, implementation of such orders should not REP. MAZA. May I also now ask about MFO-5 wherein

be funded by the people’s resources. they proposed a budget of P438 million. This is regarding

On the DOLE-DILG MOA to maintain industrial peace: is services to safeguard fair and just terms and conditions of

the Sponsor familiar with the 2004 Memorandum of Agreement employment where the work of reviewing prevailing wage

(MOA) between the DILG and the DOLE regarding promotion rates is concerned. I would like to know how much is allotted

of industrial peace and labor standards? particularly on the continuing review of prevailing wage rates.



REP. BRAVO. May we hear the question again, please. REP. BRAVO. Our budget, Mr. Speaker, for the National

Wages and Productivity Commission (NWPC) is P129

REP. MAZA. I would like to know if the good Sponsor million.

is aware of the MOA between the DOLE and the DILG in

2004 regarding promotion of industrial peace and labor REP. MAZA. So we are allotting P129 million for this

standards. I would like to know if this MOA is still in full review of prevailing wage rates in our country, Mr. Speaker?

force and effect.

REP. BRAVO. That is for the entire commission, Mr.

REP. BRAVO. Yes, Mr. Speaker. Speaker.



REP. MAZA. The MOA is still in the full force and effect? REP. MAZA. And have the workers benefited from this

periodic review or continuing review of our prevailing wage

REP. BRAVO. Yes, Mr. Speaker. rates? In the NWPC’s presentation on the impact of the

proposed legislated wage increase during the hearing of the

REP. MAZA. Is he also aware that the Philippine National House Committee on Labor, it only presented the negative

Police (PNP) has been involved in the dispersal of workers in impact of a possible wage increase. It did not, in any way,

several strikes and picket lines, particularly in the recognize the beneficial impact to the workers of a possible

CALABARZON? increase in wages. I do not understand why we would be

spending P128 million of precious funds for a review that is

REP. BRAVO. Mr. Speaker, if there is an order issued very one-sided, Mr. Speaker.

by the DOLE, more specifically, the Return to Work Order

and this is not complied with by the union or the strikers, REP. BRAVO. Actually, all wage increases that have been

then the PNP comes into the picture as a matter of … arrived at went through the process of a tripartite consultations

wherein both the employer sector and the workers sector are

REP. MAZA. The reason I asked this is that this is precisely being represented. This was done actually in the interest of

what I was talking about, that when the Secretary issues an justice and fair play, Mr. Speaker.

Assumption of Jurisdiction Order, he orders a return to work.

And what usually happens is that the PNP comes in and REP. MAZA. Would the Sponsor agree with me that the

disperses the picket lines and violates the workers’ right to wage setting must be premised on the worker’s needs vis-à-

strike. Therefore, if this is the meaning of promotion of industrial vis the cost of living and the CPI and not on maintaining the

peace as contained in the MOA between the DILG and DOLE, already high profit margin of the capitalist?

I think that it is useless to provide funds for such MOA. How

much are we providing for the implementation of this MOA? REP. BRAVO. Definitely, Mr. Speaker, that is the prime

consideration. But we have also to consider the employer’s

REP. BRAVO. There is actually no funds being interest, Mr. Speaker.

appropriated for this MOA, Mr. Speaker. And, if I may add,

the PNP only comes into the picture when there is REP. MAZA. Mr. Speaker, I still feel that the P128 million

noncompliance of a Return to Work Order by the concerned allotted for the work of reviewing our prevailing wage rate is

strikers, Mr. Speaker. very high in the light of the fact that this has not served the

interest of the workers.

REP. MAZA. But the problem, Mr. Speaker, is that there Regarding non-regular workers, as of 2004, non-regular

is a manipulation and noncompliance with our own laws, labor workers reached 2.4 million. Am I correct?

MONDAY, OCTOBER 6, 2008 225



REP. BRAVO. Come again please, Mr. Speaker? protection of women workers’ rights and welfare and how

much is allotted to this particular agency or bureau.

REP. MAZA. In 2004, the non-regular workers that

include probationary, casual, contractual, seasonal and REP. BRAVO. For a while, Mr. Speaker.

apprentice workers reached 2.4 million. Is that a correct For the Bureau of Women and Young Workers, we have

figure? a budget proposal of P18.803 million and the Bureau of

Working Conditions, we have something like P29.573 million.

REP. BRAVO. The actual figure coming from the

department, Mr. Speaker, is 628,495 workers. REP. MAZA. Does the Gentleman not think that this is a

very small budget compared to the work that these bureaus

REP. MAZA. And this is for 2007? are undertaking?



REP. BRAVO. At least this figure is for 2004. We do not REP. BRAVO. We agree, Mr. Speaker.

have yet the accurate figure for the succeeding years, Mr.

Speaker. REP. MAZA. Because these bureaus are undertaking

the work of monitoring working conditions, I think that is a

REP. MAZA. So this 628,495 is for regular workers. very small budget compared to the mandates of these bureaus.

This is the data on regular workers. At the proper time we would make amendments to the budget

of these very important bureaus, Mr. Speaker.

REP. BRAVO. Non-regular workers, Mr. Speaker. My last point is regarding the occupational health and

safety of workers that the DOLE is also monitoring. I would

REP. MAZA. Non-regular workers. But again, this is like to know if the Sponsor is aware of the case of Hanjin

contrary to what Mr. Donald Dee said. Mr. Donald Dee, Heavy Industries and Construction in Subic, Zambales

the president of the Employers Confederation of the wherein 15 workers have died already since 2006 due to work-

Philippines (ECOP) in 2003, said that 7 out of 10 companies related and occupational accidents. I would like to know if

practice contractualization and even admitted that the DOLE conducted investigations regarding the health and

contractualization is meant to avoid regularization of safety conditions of said companies.

workers.

I think the Sponsor should review his figure because I REP. BRAVO. Yes, Mr. Speaker. The first fatality or

am also interested because my figure is for 2004 and it is 2.4 incident occurred on February 15, 2007 and then on

million. I would like now to know what the figure is for 2007 February 17. Immediately, the DOLE Region III office

of non-regular workers. conducted an investigation. In almost all reported accidents

that happened within the premises of Hanjin, the DOLE

REP. BRAVO. The survey is conducted, Mr. Speaker, had acted accordingly and conducted investigations.

every five years. So that the very recent survey conducted Thereafter, the DOLE called for conferences with the

was in 2004. management to try to correct certain violations that were

discovered by the DOLE. That is what the DOLE has been

REP. MAZA. And the 628,495 is from the NSO. doing.



REP. BRAVO. This is the result of a survey conducted REP. MAZA. Regarding the Hanjin investigation, was

by the Bureau of Labor and Employment Statistics, Mr. the report sent to the national office?

Speaker.

REP. BRAVO. Yes, Mr. Speaker.

REP. MAZA. Will the good Sponsor provide me with

the complete data on this. REP. MAZA. I would like also to get the report of the

Hanjin investigation, Mr. Speaker.

REP. BRAVO. Yes, gladly.

REP BRAVO. We will furnish the Lady with the

REP. MAZA. I am particularly interested in the data of investigation report within the day.

contractual workers and non-regular workers because it is in

this sector that women are employed. Please the complete REP. MAZA. Thank you, Mr. Speaker.

data on this. But just a comment on what the Gentleman said regarding

inspection. I would like to note that in 2007, the DOLE actually

REP. BRAVO. Yes, very willingly, Mr. Speaker. only inspected 2 percent of the total number of firms in the

country. This is very low. It is actually only 15,745 out of

REP. MAZA. My next point is regarding the protection 783,065 firms in our country. I would like to know the reason

of women’s rights. I would like to know if the Sponsor is DOLE was only able to inspect 2 percent of the total number

familiar with what happened to the women workers of Blue of firms.

Star Manufacturing and Marketing Corporation, the maker of

Advan. In this company there was a prevalent practice of REP. BRAVO. Mr. Speaker, first, the department lacks the

sexual harassment. I would like to know what department or necessary employees to conduct all these investigations;

bureau under DOLE is currently tasked to ensure the and second, there is also a labor standard enforcement

226 MONDAY, OCTOBER 6, 2008



framework wherein we cannot actually inspect all THE DEPUTY SPEAKER (Rep. Datumanong). The

establishments. session is suspended for a few minutes.



REP. MAZA. Just a final comment. Upon a study of the It was 1:00 p.m.

DOLE budget, I note that, actually, TESDA accounts for about

half of the allocation of the DOLE. This is questionable in RESUMPTION OF SESSION

relation to what they also said that they do not have enough

funds for inspecting the labor and working conditions of At 1:20 p.m., the session was resumed.

workers. At the proper time, we would amend and propose

reallocation of some of the funds of TESDA to some of the THE DEPUTY SPEAKER (Rep. Datumanong). The

important components of the DOLE work. session is resumed.

Thank you, Mr. Speaker. The Dep. Majority Leader is recognized.



REP. BRAVO. Thank you, Mr. Speaker. REP. GARIN. Mr. Speaker, the parliamentary status of

House Bill No. 5116 is that it is in the period of sponsorship

REP. DE GUZMAN. Mr. Speaker. and debate insofar as the proposed budget of the Department

of Labor and Employment, including its attached agencies

THE DEPUTY SPEAKER (Rep. Datumanong). The except the Technical Education and Skills Development

Floor Leader is recognized. Authority.

In line with this, Mr. Speaker, I move that we recognize

SUSPENSION OF SESSION the Honorable Narciso Bravo Jr., the Sponsor of said proposed

budget.

REP. DE GUZMAN. I move that, in the meantime, we

suspend the session. THE DEPUTY SPEAKER (Rep. Datumanong). Is there

any objection to the motion? (Silence) The Chair hears none;

THE DEPUTY SPEAKER (Rep. Datumanong). The the motion is approved.

session is suspended for a few minutes. The distinguished Sponsor, the honorable Congressman

Bravo, is recognized.

It was 11:43 a.m.

REP. GARIN. Mr. Speaker, I further move that we

RESUMPTION OF SESSION recognize the distinguished Minority Leader, the Honorable

Ronaldo B. Zamora.

At 11:44 a.m., the session was resumed.

THE DEPUTY SPEAKER (Rep. Datumanong). The

THE DEPUTY SPEAKER (Rep. Datumanong). The distinguished Minority Leader is recognized for his

session is resumed. interpellation.

The Floor Leader is recognized.

REP. ZAMORA (R.). Thank you, Mr. Speaker.

SUSPENSION OF SESSION Mr. Speaker, I wonder if my distinguished colleague will

entertain a number of questions.

REP. DE GUZMAN. Mr. Speaker, I move that we

suspend the session up to one o’clock in the afternoon. REP. BRAVO. Willingly, Mr. Speaker.



THE DEPUTY SPEAKER (Rep. Datumanong). Is there any REP. ZAMORA (R.). Thank you, Mr. Speaker.

objection? (Silence) The Chair hears none; the motion is approved. Mr. Speaker, I have a number of questions regarding the

The session is suspended up to one o’clock this budget of the Department of Labor and Employment (DOLE).

afternoon. First, I noticed that, apparently, because of executive order,

the Professional Regulation Commission (PRC) is now part

It was 11:44 a.m. of the DOLE as an attached agency. Is this correct, Mr.

Speaker?

RESUMPTION OF SESSION

REP. BRAVO. Yes, Mr. Speaker.

At 1:00 p.m., the session was resumed.

REP. ZAMORA (R.). What is the reason for this?

THE DEPUTY SPEAKER (Rep. Datumanong). The

session is resumed. REP. BRAVO. In Executive Order No. 565-A, the President

The Floor Leader is recognized. actually saw it fit to delegate to the Secretary of Labor and

Employment, as the President’s alter ego, her control powers

SUSPENSION OF SESSION over the PRC. I believe that this is a presidential prerogative,

Mr. Speaker.

REP. DE GUZMAN. Mr. Speaker, I move for a few minutes

suspension of the session. REP. ZAMORA (R.). I am not certain that this, in fact,

MONDAY, OCTOBER 6, 2008 227



forms part of her wide range of powers. Is it possible that the medical license. The PRC strips him of that medical license.

professions are now regarded by the government as just Can he appeal to the Secretary of Labor?

another series of money-making endeavors?

I thought the whole idea about defining certain activities REP. BRAVO. No, Mr. Speaker. It is exclusive on the part

as professional was to make sure that, as a matter of fact, of the PRC, Mr. Speaker.

they would be set aside from the usual run of money-making

endeavors. What is the reason for this? Would it not have REP. ZAMORA (R.). So what is the function of the

been better to put it under the Department of Education Secretary of Labor? He is what? He is icing on the cake. He

(DepEd), for instance, or possibly under the Office of the is a totem figure on the totem pole. He is like a decoration on

President as it used to be? a Christmas tree. What is the Secretary of Labor? Why is the

I mean the whole idea was to professionalize and government now saying that the PRC is an attached agency?

establish certain standards for that profession. We make sure It is attached for policy coordination. What policies in the

that not only our individuals who come into that profession PRC are now referred to the DOLE? Are there any, Mr.

are adequately educated, but must be able to pass certain Speaker?

certification examinations. When did professions become just

another economic activity? What is the reason, Mr. Speaker? REP. BRAVO. It is only the administrative aspect of the

I am curious if there is not some deeper philosophical reason PRC, Mr. Speaker, like the computerization of PRC and the

for the President’s action. Is she right? Does the committee policies.

agree with her decision? Or maybe we are all wrong. I had

always thought that doctors, architects, engineers or others REP. ZAMORA (R.). Perhaps, we want to take a look at

who deal with lives of people should not be controlled by the executive order because the members of the minority have

some government agency dedicated to labor and to just taken a look and it shows that decisions are now appealable

employment. What is the reason for this, Mr. Speaker? to the Secretary of Labor. So we are not just talking about

policy coordination. We are not just talking about

REP. BRAVO. That particular observation, Mr. Speaker, administrative review. We are not just talking about signing

has also been considered by the PRC and until today, they checks or signing appointments. We are, in fact, talking about

have been conducting studies and researches towards a complete command and control organization for the PRC.

actually coming up with a recommendation to the Office of Let me read Section 2:

the President on the proper way to address this particular “The DOLE Secretary shall have the authority to:

problem, Mr. Speaker. a) Generally oversee the operations of the PRC and to

ensure that it is managed effectively, efficiently, and

REP. ZAMORA (R.). Mr. Speaker, are there any economically, but without interference with day-to-day

representatives from PRC here? activities.

b) Require the submission of reports and cause the

REP. BRAVO. The Chairman is here and according to conduct of management audit, performance evaluation and

him, they have been studying already a possible inspection to determine compliance with policies, standards

recommendation that the PRC might be transferred or and guidelines of the DOLE...

probably perform independently of any specific department, c) Take such action...

Mr. Speaker. d) Review and pass upon budget proposals....

Except with respect to any quasi-judicial function of the

REP. ZAMORA (R.). Mr. Speaker, the Secretary of Labor PRC, the DOLE Secretary shall have also the:

is here. What has he been doing with the PRC? Does PRC a) Authority to act directly whenever a specific function

now report to the Secretary of Labor? Are decisions from the is entrusted by law or regulation to the PRC,

PRC immediately executory or are they now appealable to the b) Direct the performance of duty or restrain the

Secretary of Labor? How does the department exercise commission of acts,

command and control over the PRC? I thought, at some point, c) Review, approve, modify or reverse acts and decisions

that professions were to be regulated internally by a of the PRC or its officials,

professional regulatory board responsible for the d) Determine priorities in the execution of plans and

qualifications, for the certification, for the discipline of that programs….”

particular profession. Has something been changed, Mr. Mr. Speaker, are we sure that the PRC is just there for

Speaker? Is everything now under the command and control policy coordination, or is it possible that professions have

of the Secretary of Labor? now found a new layer of supervision and control, something

that they did not have before?

REP. BRAVO. The relation of the DOLE with PRC,

Mr. Speaker, is only with regard to policy coordination. It REP. BRAVO. Mr. Speaker, it is clearly stated that the

does not actually control the day-to-day affairs of the quasi-judicial functions of the PRC remains with the PRC

commission. and that only decisions made by the commission with regard

to its administrative affairs are subject to review of the DOLE.

REP. ZAMORA (R.). So the Sponsor does not agree to

the determination of a professional regulatory board. For REP. ZAMORA (R.). Mr. Speaker, how does the

example, one is a doctor but the hospital finds him to be department therefore review quasi-judicial decisions? What

incompetent and recommends that he be stripped of his decisions are appealable? What decisions are not appealable?

228 MONDAY, OCTOBER 6, 2008



REP. BRAVO. Mr. Speaker, the quasi-judicial function of fees, professional fees. For instance, if the Makati Medical Center

the PRC refers to the cases involving cancellation of licenses were one day to say, nobody is going to charge over P1,000 in

and all the cases pertaining to licenses of professionals which professional fees for professional consultation, and the doctors

are appealable to the Court of Appeals, and not to the DOLE. in Makati Medical Center feel that that is an unnecessary intrusion

So, insofar as the regulation of professionals is concerned, into their professional code of conduct, can they appeal that

that is still the exclusive jurisdiction of the PRC which is decision of Makati Medical Center to the Secretary of Labor?

appealable to the Court of Appeals. On the matters of

administrative functions, that is where the DOLE actually REP. BRAVO. That particular case, Mr. Speaker, will

has the power over the PRC, Mr. Speaker. already fall under the National Labor Relations Commission

(NLRC).

REP. ZAMORA (R.). If it is quasi-judicial, the appeal

route is through the Court of Appeals and the regular courts? REP. ZAMORA (R.). The NLRC. But I thought that we

are talking about a professional, we are talking about

REP. BRAVO. Yes, Mr. Speaker. someone…



REP. ZAMORA (R.). If it is not quasi-judicial in nature, REP. BRAVO. I am sorry, Mr. Speaker, it is under the

then the appeal is to the Secretary of Labor? PRC.



REP. BRAVO. Yes, Mr. Speaker. REP. ZAMORA (R.). Yes, and where do we go to for an

appeal? Will this be considered a quasi-judicial dispute? Or

REP. ZAMORA (R.). Exactly, what are these appeals, will this be considered an administrative dispute?

Mr. Speaker? What cases are we talking about? The reason I

asked this question is that, if Congressman Ronnie Zamora is REP. BRAVO. The appeal can be made to the Court of

confused, at this point, where there are hundreds of Appeals or the regular courts, Mr. Speaker.

thousands of professionals who may find out one day that

they have to decide which route to take, so what is now REP. ZAMORA (R.). It will now go to the Court of

appealable to the Secretary of Labor? Appeals. So, who are they suing, Mr. Speaker? Remember, it

is now a decision of the PRC, an attached agency of DOLE.

REP. BRAVO. The jurisdiction of the DOLE is only to Who will be defending that case, will it be DOLE?

the administrative matters of the PRC, like personnel, but

not with respect to the professionals, Mr. Speaker. REP. BRAVO. Mr. Speaker, the PRC in that case will be

represented by the Office of the Solicitor General (OSG).

REP. ZAMORA (R.). For instance, if a lawyer

disagrees— no, not a lawyer, because lawyers are still under REP. ZAMORA (R.). All right. Mr. Speaker, I am not certain

the Supreme Court—if a doctor disagrees with the hospital that I want to agree with all of the answers that have been

regarding the salary that he is being paid, and the hospital, as given me. I think, obviously, that the reason that we want to

is invariably the case, turns him down, does he appeal now, take a closer look at this is because clearly this EO may have

after an adverse decision by the professional board of the been issued in some haste. Maybe we should now revisit the

profession where he is engaged, to the Court of Appeals? Or whole idea of putting professionals under a department that is

does he appeal to the Secretary of Labor? We are talking supposed to deal with labor and employment. At some point, I

about salaries, Mr. Speaker. hope the Gentleman, the Chairman of the committee and the

leadership of the House of Representatives, will ask the

REP. BRAVO. That is a matter that falls within the President and, of course, the Secretary of Labor who is here, to

jurisdiction of the DOLE, Mr. Speaker, because that involves take a closer look at this particular issue. I think it is extremely

an employer-employee relationship. important because we have hundreds of thousands of

professionals every day and every month and every week.

REP. ZAMORA (R.). So the appeal will go to the They have disputes and issues, and we want to make sure

Secretary of Labor? that, as in every case, justice is always served.

Mr. Speaker, I have other points, but I will leave those

REP. BRAVO. Yes, Mr. Speaker. right now. I hope my distinguished colleague will agree

that at some point, we have to revisit some of these policy

REP. ZAMORA (R.). So, can we say that anything decisions.

pertaining to an employer-employee relationship will be

disposed of by the Secretary of Labor? SUSPENSION OF SESSION



REP. BRAVO. Yes, Mr. Speaker. REP. ZAMORA (R.). Mr. Speaker, may I ask for a few

minutes recess.

REP. ZAMORA (R.). But remember, we are talking about

professions, we are not talking about employers and employees. THE DEPUTY SPEAKER (Rep. Datumanong). The

In many cases, if that doctor is not a hospital employee but he is session is suspended for a few minutes.

described as a consultant, he is described as an attending

physician, we are not talking about salaries, we are talking about It was 1:44 p.m.

MONDAY, OCTOBER 6, 2008 229



RESUMPTION OF SESSION REP. BRAVO. This is considered as underemployment,

Mr. Speaker.

At 1:48 p.m., the session was resumed.

REP. ZAMORA (R.). Underemployed. If one works for

THE DEPUTY SPEAKER (Rep. Datumanong). The one hour in one week, he has joined the ranks of the employed.

session is resumed. If he works for one hour, he is now underemployed?



REP. ZAMORA (R.). Mr. Speaker, during the break, we REP. BRAVO. To answer the question, Mr. Speaker, in

had the chance to talk with several Members of the House of that particular case, one can already be considered as

Representatives and with Justice Peña who is now the PRC employed, Mr. Speaker.

Chairman. One of the reasons we had expressed this issue on

the floor, Mr. Speaker, is what we feel an important one. What REP. ZAMORA (R.). He is already considered employed.

is that? Mr. Speaker, so many cases have been filed against Philosophically, he may be considered underemployed?

doctors in various hospitals in the Philippines for medical

malpractice. Many of these cases had, in fact, been disposed SUSPENSION OF SESSION

of, in what fashion? They had been disposed of by the

declaration that, where a professional relationship exists, such THE DEPUTY SPEAKER (Rep. Datumanong). The

as when a doctor uses a hospital merely as a venue so that he session is suspended for one minute to enable the Sponsor to

can receive his patients, there is no employer-employee confer with the agency.

relationship that exists.

My distinguished colleague from Makati, Congressman It was 1:55 p.m.

Locsin, has been asking me, but does this exectuive order

not change all of that? Does this now not introduce the RESUMPTION OF SESSION

possibility since presumably everybody who goes to the

DOLE is either an employer or an employee? Does this now, At 1:57 p.m., the session was resumed.

by indirection, not establish an employer-employee

relationship? This is an issue that I am not prepared to THE DEPUTY SPEAKER (Rep. Datumanong). The

dispose of right now. But I think it is serious enough for the session is resumed.

committee to understand very carefully what the The Sponsor may now respond.

implications are. I think at this point, we will announce that

when the Office of the President’s budget comes up, we will REP. BRAVO. The one-hour employment considers one

ask these questions again. We will ask if the Office of the as already employed, if the employee actually agrees to that

President will not be minded to revisit the policy implications definition as an operational definition. However, if he demands

of such a move. more, if he says that he needs more, if he actually demands

One of the reasons we are taking this is that it has been that he wants additional hours of employment, then he is

two years, almost to the day that the exectuive order was considered as underemployed.

signed. But I understand from Justice Peña that in those two

years, not one appeal has been made from any decision to REP. ZAMORA (R.). Underemployed. Let me get this

the DOLE Secretary. What does that mean? Either there was right, just so everyone understands what we are talking about.

never a need for this innovation, or the whole thing is simply If someone who is of employable age, employable character,

wrong to begin with. That is what I hope my distinguished meaning he is not completely disabled and he works one hour

colleague will take away from this particular debate. a week, then the DOLE will remove him from the

Thank you, Mr. Speaker, and thank you, distinguished classification of unemployed and put him under the

colleague. classification of employed. If he wants to get additional

May I now go to other points in the budget of the DOLE. employment, for whatever reason, for additional status, more

Mr. Speaker, I have been distressed, in the course of the likely for additional income, to add to that one hour a week,

debates on the budget for our country, on how statistics he will now be further considered as underemployed. Is that

have been so casually and in fact so cavalierly used. Why do a correct summary of our discussion, Mr. Speaker?

I say casually? Why do I say cavalierly?

For instance, in the Department of Labor and REP. BRAVO. Mr. Speaker, the NSO is the one that

Employment, we talk about employment. We talk about actually collects the data in accordance with international

unemployment. We talk about underemployment. How many labor standards.

people in the halls of Congress understand clearly who is

employed, who is unemployed, who is underemployed? Why REP. ZAMORA (R.). I agree that, in fact, some of these

do I say that, Mr. Speaker? Let us just take some tests that may have some basis in some international standards. But, of

the DOLE uses. course, the situation is different. If one works in the US, one

For instance, I have been told that if someone of working of the countries that I know which uses a one-hour a week

age works one hour a week and is paid for that one hour, he is basis or test as a measure of employment, well, he does not

no longer unemployed. He is already employed. Is this correct, just get paid for one hour a week. Unemployment insurance,

Mr. Speaker? Or is Congressman Ronnie Zamora completely unemployment benefits kick in. And therefore, they do not

wrong and he is just listening to anecdotal evidence? What pay him just for one hour a week. He can be paid for

is it, Mr. Speaker? substantially more than just one hour a week. But, if one is in

230 MONDAY, OCTOBER 6, 2008



the Philippines, if he works for one hour a week and he is REP. BRAVO. Thank you, Mr. Speaker.

considered employed and he does not look for work outside

of that one hour a week, invariably, he or his family or all of THE DEPUTY SPEAKER (Rep. Datumanong). The

them will starve to death. That is correct, is it not, Mr. Speaker? Floor Leader is recognized.



REP. BRAVO. The statistics, actually, Mr. Speaker, are REP. DE GUZMAN. Mr. Speaker, may the Honorable

only to come up with a distinction between the employed and Ilagan be recognized for her interpellation on the budget of

the unemployed. the DOLE.



REP. ZAMORA (R.). Which means that if one works THE DEPUTY SPEAKER (Rep. Datumanong). The

one hour a week, he leaves the ranks of the unemployed. And distinguished Lady from Gabriela is recognized for her

according to the government department responsible for labor interpellation.

and employment, he is now employed? Why do I ask these

questions? It is not to show that the minority is smarter or REP. ILAGAN. Thank you, Mr. Speaker, good afternoon.

more diligent in its work than the majority. No, it is not. It is In the message of DOLE Secretary Arturo Brion in

because only a few days ago, I had raised questions regarding 2007, which was contained in the annual report, it was stated

statistics. I argued with the Secretary of Economic Planning. that the Philippine Overseas Employment Administration

I argued, with the Secretary of Finance, that real growth is (POEA) generated an income that was almost double its

important only if it provides jobs for the Filipino. It is not budget for that year. Administrator Rosalinda Baldoz

jobs for Congressmen. It is not jobs for their staff. It is jobs reiterated it in her report saying that the POEA remained

for the ordinary Filipino who has to wonder how he is going one of the top revenue earners for the government as it

to feed his family, educate his children, provide them with generated an income of P408.4 million—almost double its

decent income and provide the roof over their heads. That is budget of P242.7 million. May I know, Mr. Speaker, what

our reason. percentage of this amount came from processing and

But when the statistics that are found in our placement fees paid by our OFWs.

macroeconomic assumptions are themselves suspect, then

we have to worry if our departments are also following suspect REP. BRAVO. Mr. Speaker, there are no placement fees

statistics. It is not to make fun of any particular department actually being collected. These are all processing fees, Mr.

or any particular secretary or of course any particular Sponsor. Speaker.

It is to show that we are in such a crisis right now that we

better get off our butts. We better get off our complacent ways REP. ILAGAN. All processing fees? Therefore, may we

of thinking. Let us make sure that we work together and get know what percentage this constituted in the huge income

the economy going. We have been watching TV over the last generated by the POEA.

week. We have seen how the Americans, the citizens of a

very rich country, do it. Paano mo tatawagin ang ginagawa REP. BRAVO. Almost all of it, Mr. Speaker.

nila kung ang ginagamit mo ay Tagalog? Hindi ba ang itatawag

mo sa kanila, nagkukumahog? Hindi ba natataranta sila? Hindi REP. ILAGAN. All of it?

ba lahat ng puwedeng gawin, pati ang bumaligtad sa kanilang

boto, lahat iyan ay ginagawa? Baka naman tayo na nandito, REP. BRAVO. Yes. These are categorized as processing

akala natin papabayaan tayo ng credit crunch. Hindi po. fees.

Anuman ang mangyari, ang mahirap na bansa ay lalong

tatamaan kaysa mga mayayaman na bansa. Iyan lang ang REP. ILAGAN. Thank you, Mr. Speaker.

sinasabi ng minorya dito. Kailangan lahat tayo ay It is, therefore, expected that all of it went back to services

magsumikap. for our OFWs.

Kaya, kapag sinasabi sa akin ng Secretary of Economic

Planning na ang target daw nila ay 4.4 percent to 4.9 percent REP. BRAVO. These are all being deposited with the

increase in real gross domestic product (GDP) growth, saan National Treasury. Nothing is being retained by the POEA,

natin hahanapin iyan? Kapag sinasabi sa atin na ang inflation actually.

rate daw natin ay 8.3 percent, tanungin natin sa mga namimili

kung iyan ang nangyayari sa ating mga tindahan. Kapag REP. ILAGAN. In other words, our OFWs would not be

sinasabi nila na ang exchange rate daw natin ay magiging able to access any of this amount in terms of any service at

P42.40, tanungin natin kung iyan ay nakikita ng ating mga all, Mr. Speaker?

bangkero.

Kaya kami ay nakikiusap na tapyasin natin ang ating budget. REP. BRAVO. These are all contract fees charged by

Let us make sure that we have a mean and a lean budget. Let us the POEA in the processing of the documents, and that all

make sure that we have a budget that we can all afford. Let us of them are actually being transmitted to the National

make sure that we work, as we are supposed to work, as Treasury.

Representatives of the people of this benighted country.

Maraming salamat, G. Ispiker. I thank my distinguished REP. ILAGAN. That is why, Mr. Speaker, my question is:

colleague. There are others from the minority who will be if everything is transmitted, then the ordinary OFW does not

asking questions. I am grateful that he has given me a chance expect any other form of service coming from this

to explain my views. Thank you. contribution?

MONDAY, OCTOBER 6, 2008 231



REP. BRAVO. The service that is being rendered by the REP. ILAGAN. If the intention is to pursue an agreement

POEA is in terms of the regulation of the recruitment activities that will assure our workers that they will have just and fair

which include also the placement of the applicants for conditions, why is it that we still have complaints about

overseas jobs. abuses committed by employers or negative reports about

the circumstances of their labor conditions?

REP. ILAGAN. So, Mr. Speaker, everything goes to If I may continue, Mr. Speaker, do we have mechanisms

processing again, the placement again? So no service can be for monitoring the occupational safety and health conditions

accessed by the OFW coming from this amount which was of those working abroad?

generated from them?

REP. BRAVO. Actually, insofar as the documented

REP. BRAVO. There are certain services being extended workers are concerned, this is a very basic requirement, Mr.

or rendered by the POEA, like the overseas employment Speaker. It is part of the employment contract. On the issue

promotion services, the workers’ welfare assistance and of abuses, it only constitutes something like two percent of

overseas placement services, the licensing and regulation the total deployment.

services and the adjudication services. These are all the

services that have been rendered by the POEA. REP. ILAGAN. Again, Mr. Speaker.



REP. ILAGAN. In other words, Mr. Speaker, there should REP. BRAVO. It constituted two percent of the total

not be any reason for complaint coming from our workers deployment, Mr. Speaker.

because the services are more than adequate, is that right?

REP. ILAGAN. Is the Gentleman therefore saying that

REP. BRAVO. Yes, Mr. Speaker. The POEA had been such a small percentage means it is negligible? That our

trying to perform their mandated job in the best way that they workers are fully protected from all abuses or harsh conditions

can, Mr. Speaker. that they experience in different countries abroad?



REP. ILAGAN. Among the complaints, Mr. Speaker, is REP. BRAVO. Not in that context, Mr. Speaker. But all of

that our workers are still victimized by illegal recruiters. There these victims of abuses are being attended to by the

are reports that recruitment companies declared illegal, or department and perhaps, by the DFA also.

whose licenses have been cancelled, merely change names

and register again with the POEA. So what can be done to REP. ILAGAN. All right. Thank you, Mr. Speaker.

properly address this, considering that the proposed budget Let me talk about the unified contract. The implementation

for services to safeguard fair and just terms and condition of of the unified contract has been reported to be temporarily set

employment approximates P438,000,000? aside once again due to strong opposition from both Filipino

migrants and recruiters because obviously, the scheme is anti-

REP. BRAVO. There are measures that are being labor. It is inhumane and oppressive. Why do we not completely

implemented by the POEA in such a way that all these illegal abandon the idea of a unified contract? Can our government

recruiters can be prevented. There are certain programs, not assert the rights and interests of our migrant workers as

especially in the form of information dissemination and well as recruitment firms before the Kingdom of Saudi Arabia

coordination with local government units, so that these (KSA) and other Middle-Eastern governments?

activities will be minimized, Mr. Speaker.

REP. BRAVO. Mr. Speaker, it is only the Philippines

REP. ILAGAN. Thank you, Mr. Speaker. that requested for deferment with respect to the KSA market.

Now the deployment of more than one million OFWs in It is only the Philippines that actually deferred.

2007 was due to new markets that opened up in countries like

Canada, United Arab Emirates, Taiwan, et cetera. Marketing REP. ILAGAN. How long are we going to defer this

missions were dispatched to expand employment program? Because our recommendation is that we completely

opportunities for Filipino, although we say it is not our policy abandon the idea of this unified contract.

to have this labor export program determinedly followed to

promote workers abroad. But still, we had conducted REP. BRAVO. On October 13, Mr. Speaker, there will

marketing missions. Could the Gentleman please describe the be a joint meeting between the Philippines and KSA

nature of these marketing missions abroad and if possible, government to tackle this particular matter.

could he tell us how many marketing missions were conducted

yearly, how many people comprise a mission and how much REP. ILAGAN. Could we receive a copy of the report

does a single mission cost? after the meeting is conducted?



REP. BRAVO. The purpose of this mission, Mr. REP. BRAVO. Definitely, Mr. Speaker.

Speaker, is not for promoting or soliciting jobs abroad

but rather, to come up with a fair and just working package REP. ILAGAN. Let me go to the loan programs which

for our OFWs. So the very purpose of this mission is to have been a source of irritant to many of our workers. In the

negotiate with the different markets to come up with a committee hearing, I questioned this. And the reply was that

just and fair contract or terms and conditions of the problem lies with the banks which had difficulty collecting

employment, Mr. Speaker. from the borrowers.

232 MONDAY, OCTOBER 6, 2008



In the COA audit, it was reported that payments of loans agency would just scrounge around for any savings that

through banks totaling P675,744 was not credited to the they can gather to assist these deportees? Is there no

individual borrower’s account. Why are payments not credited proactive attempt to look for other funds so that we do not

to the individual borrower’s account? rely on savings? What if the agency does not have any

savings? How will it cope with this difficulty?

REP. BRAVO. Mr. Speaker, this may not be through the

two government banks that were the… REP. BRAVO. There are already initiatives coming from

the department to the effect that funds will be provided to

REP. ILAGAN. The Landbank and the DBP. these deportees, but the problem is that these deportees

actually do not want to accept that assistance because they

REP. BRAVO. The Landbank and the DBP. This might intend to go back to Malaysia, to Sabah, in fact, for

be from the private banking transactions. employment.



REP. ILAGAN. So if the banks have difficulty collecting REP. ILAGAN. This brings me to another alarming

from our borrowers, should it not be logical that this amount question. Because if these deportees intend to go back, what

be turned over to the Overseas Workers Welfare are we doing to prevent them from going back? Because it

Administration (OWWA), instead of giving it to the banks to should not be our policy to just allow these deportees to be

lend to our workers? This was, I think, the recommendation recycled. They come to us, they have problems, and then they

of the COA in its 2007 audit—that there was no legal basis intend to go back. So what are the alternatives? If the vision

for employer’s share to be given to the OWWA provident of our government is to provide meaningful employment here

fund. Therefore, if the banks have difficulty collecting from in our country, we should have attempts to prevent our

the borrowers, does the Gentleman not think it is high time kababayans from going to other countries to look for the so-

this amount be given back to OWWA and that OWWA called “greener pastures.” It should not just be a mechanical

implement its loan program, so that our workers can benefit recording of who has arrived and who are planning to go

from this? back, and we even facilitate their going back.



REP. BRAVO. Mr. Speaker, OWWA is not allowed. It is REP. BRAVO. The department has been reaching out to

prohibited under the law to negotiate directly with the workers. these deportees and trying to encourage them, reintegrating

In fact, it is very explicit that loans shall be made through the them by actually providing training and enhancing their

two government financing institutions, Mr. Speaker. capabilities so that they will be content in trying to stay in

our country and not going back to their previous employment,

REP. ILAGAN. In other words, there is no more hope Mr. Speaker.

for workers to be able to access or benefit from this loan

program, once again, Mr. Speaker. REP. ILAGAN. Mr. Speaker, it is highly confusing that

we have contradictory policies. We say that it is not the policy

REP. BRAVO. We believe that there is a need to revisit of government to be formally sending workers abroad and

the law, Mr. Speaker. yet, we seem to be facilitating the return of these people who

seek employment outside the country.

REP. ILAGAN. It would be good if we will go back to that

program, Mr. Speaker, because our workers have been asking REP. BRAVO. The department has been trying its best,

for this and they have benefited from this. The problem was Mr. Speaker. However, there are certain individuals, especially

that there was difficulty in collecting from them. But if that these deportees, who would prefer to go abroad than stay in

can be resolved, then the workers can still benefit from loan the country, Mr. Speaker.

programs which would be very helpful to their families. That

is the suggestion of this Representation, Mr. Speaker. REP. ILAGAN. That is a very sad state of circumstances

here, Mr. Speaker.

REP. BRAVO. It is well-taken, Mr. Speaker. Let me go to my last question. During the first half of

2008, the DOLE rescued 49 minors and child laborers from

REP. ILAGAN. Another question, Mr. Speaker. In the extremely abject conditions and hazardous occupations

last fact-finding mission in Zamboanga that I participated in, through the Sagip Batang Manggagawa Rescue Team. If we

there was an interagency committee tasked to look into the can hazard a guess, may we know the percentage of child

conditions of deportees from Malaysia. May we know how laborers in our country today. What is the rate of increase of

OWWA has responded specifically to this particular problem? child labor now that we are undergoing dire financial strains?



REP. BRAVO. Mr. Speaker, there are actually funds that REP. BRAVO. The number has been decreasing already,

were provided for the reintegration of these displaced workers, Mr. Speaker. But, if we may, we would like to submit a report

Mr. Speaker. That was the action taken by the OWWA. to the Lady.



REP. ILAGAN. Yes, but the memorandum stated that the REP. ILAGAN. Thank you, Mr. Speaker.

resources would come only in the form of savings from the We would welcome very much if we can get documents

agency. That would be minute. How can we fully and from the DOLE as to the percentage of child laborers, on

adequately respond to the needs of these deportees if the what has it done to correct or rectify this problem, or what

MONDAY, OCTOBER 6, 2008 233



assistance has it provided so that instead of the children This resulted in the understatement of income and the

going to work, they are going to school. And this should not corresponding cash accounts by the same amount. This is in

only include children working in abject conditions, but also violation of the Joint DOLE, DFA, DBM, DOF and COA

those who are not in extremely difficult working conditions, Circular No. 3-99;

Mr. Speaker. 4) Failure to record the collections and deposits of

POLOs, using the exchange rate pegged at P41 to $1 instead

REP. BRAVO. We will comply with that at the soonest of the exchange rate at the time of the transactions, resulting

possible time, Mr. Speaker. in the undervalued balances of accounts. This is in violation

of the Joint DOLE, DFA, DBM, DOF and COA Circular No. 3-

REP. ILAGAN. That will be all. 99 and IPSAS No. 4; and

Thank you, Mr. Speaker. 5) Non-remittance to the National Treasury of unused

cash balances totaling P390.46 million from verification fees

SUSPENSION OF SESSION retained by POLOs and this is contrary to Section 5 of the

General Provisions of the General Appropriations Act for 2007.

THE DEPUTY SPEAKER (Rep. Datumanong). The Will the distinguished Sponsor explain why the

session is suspended for a few minutes. department repeatedly fails to comply with the said COA

circulars and the basic requirements of the law?

It was 2:28 p.m.

REP. BRAVO. Mr. Speaker, on the issue of why there

RESUMPTION OF SESSION was a delay in the reporting, it was because the DOLE-OSEC,

including the regional offices lacks accounting personnel. At

At 2:29 p.m., the session was resumed. present, the accounting division is operating on a 52 percent

manpower complement. So if the Lady would allow us, we

THE DEPUTY SPEAKER (Rep. Datumanong). The would like to submit a more detailed report on these matters,

session is resumed. Mr. Speaker.

The Floor Leader is recognized.

REP. CRUZ-GONZALES. We will appreciate that,

REP. DE GUZMAN. Mr. Speaker, I move that the considering that we are very much interested in the compliance

Honorable Chinchona C. Cruz-Gonzales from the Party-List of the department with the existing COA rules. Also,

CIBAC be recognized for her interpellation. considering that we are to ensure that accountability and

transparency in the performance of the department must be

THE DEPUTY SPEAKER (Rep. Datumanong). The clearly shown so as to prevent any issues regarding

distinguished Lady from CIBAC is recognized for her corruption, it is to the best interest of the public that the

interpellation. departments, to be open for review, must have such reports

readily available to us. Will the good Sponsor commit before

REP. CRUZ-GONZALES. Thank you, Mr. Speaker. this august Body when such reports will be forwarded to this

Distinguished Sponsor, good afternoon! Representation?



REP. BRAVO. Good afternoon! REP. BRAVO. Yes, within the day, Mr. Speaker.



REP. CRUZ-GONZALES. I have few questions. Will the REP. CRUZ-GONZALES. But as a point of clarification,

good Sponsor yield to said questions from this Representation? this is not only concerning failure to report or to submit

accounting or financial reports and other documents. This is

REP. BRAVO. Gladly, Mr. Speaker. also with regard to non-submission of government contracts

and purchase orders, failure to record the income derived

REP. CRUZ-GONZALES. Thank you, Mr. Speaker. from verification fees, failure to record the collections and

The COA reports that the DOLE has repeatedly failed to deposits of the POLOs, and non-remittance to the National

comply with COA circulars and other laws: Treasury of unused cash balances. These are the matters that

1) By delaying its submission of accounting or financial we want clarified, and the data that have something to do

reports and documents in the DOLE-Office of the Secretary with this failure to comply with the COA reports must be

(OSEC) and regional offices, thereby causing undue delay in submitted to us, if that will be possible, within the day.

the post-audit of transactions and this is in violation of COA

Circular No. 92-89E and Section 122 of P.D. 1445; REP. BRAVO. Yes. If we may, we would like to submit the

2) Non-submission of government contracts and complete report on all the matters contained in the COA report

purchase orders in DOLE-OSEC, thereby causing undue delay within the week, if that will be acceptable.

of their review and this is in violation of COA Circular No. 96-

010; REP. CRUZ-GONZALES. That will be acceptable, Mr.

3) Failing to record the income derived from verification Speaker. What specific steps have been undertaken by the

fees amounting to approximately P110.56 million and hence, department to comply with the said COA rules and

excluding it from the reported income for the 2007 due to non- regulations?

submission of unreported reports of collections and deposits

by the various Philippine Overseas Labor Offices or POLOs. REP. BRAVO. First, with regard to the POLOs, we have

234 MONDAY, OCTOBER 6, 2008



already required the labor attachés to submit a complete report REP. BRAVO. The problem, Mr. Speaker, is that there is

of their operations. The department has been trying to correct apparently no local opportunity available for practical nurses.

already this deficiency and we will be glad to give the status However, there are available opportunities overseas and that

and to submit the development of these particular matters in is what the department is studying.

due time, Mr. Speaker.

REP. CRUZ-GONZALES. Mr. Speaker, am I made to

REP. CRUZ-GONZALES. Thank you, Mr. Speaker. understand that the department has a job assistance program

As I have said, we are very much particular on the for practical nursing graduates?

compliance of the department to said COA rules and

regulations because said compliance will be very important REP. BRAVO. Not specifically for practical nurses, but

to ensure transparency and accountability of the for all in the health profession or health care sector.

department in the performance of the duties reposed upon

it by law. REP. CRUZ-GONZALES. Yes, the health care profession,

On another point, in a committee hearing of the Committee Mr. Speaker.

on Labor, we discussed the problem concerning the supply With regard to another point, Mr. Speaker, under locally-

of nurses, which is higher than the demand for them. Currently, funded projects, there is a budget item labeled “Emergency

there are about 30,000 surplus, so to speak, of Filipino nurses, Repatriation Program” with a P50-million approved budget

and this results in the following: long term unemployment of for 2008 and with the same amount for this year. May we

nurses, nurses are engaged in occupation not related to their know how much of this fund for 2008 has been used?

profession and increase in the number of nurses who are

constrained to work in health centers without compensation. REP. BRAVO. It was already transferred to the OWWA,

In fact, they even pay the health centers just to accommodate Mr. Speaker. The amount that was utilized was something

them. Mr. Speaker, may we know what the department will do like, on the average, P23 million per year, Mr. Speaker.

about this?

REP. CRUZ-GONZALES. Mr. Speaker, P23 million has

REP. BRAVO. There is a continuing consultation being been utilized under this program?

made with all the major stakeholders to come up with

additional employment opportunities for our nurses, Mr. REP. BRAVO. The average utilization per year is P23 million.

Speaker.

REP. CRUZ-GONZALES. All right. Is this amount

REP. CRUZ-GONZALES. We are also concerned about sufficient to bring home our countrymen trapped just outside

this, considering that so many nurses are now unemployed. the borders of the United Arab Emirates (UAE) after it

We are very concerned also with the fact that for them to be reportedly tightened its immigration policies?

able to work in health centers without compensation, they

are the ones who even pay so that they will be accommodated REP. BRAVO. There are negotiations actually in Oman

by the said health centers or hospitals. It is definitely unfair insofar as the repatriation of our overseas contract workers is

to them to be in this situation. That is why we want to bring concerned. If it is necessary, an amount to the tune of

this up and be assured that something is being done by the something like P183 million will be needed for this

department about this. repatriation, Mr. Speaker.



REP. BRAVO. We commit, Mr. Speaker, that the interest REP. CRUZ-GONZALES. Mr. Speaker, the Gentleman

of our nurses will be given priority. mentioned something about P23 million, on the average, being

utilized for the emergency repatriation program. But the

REP. CRUZ-GONZALES. With that assurance, thank budget allocated for this project is about P50 million for 2008

you, Mr. Speaker. and about the same amount is being proposed for 2009. So, if

Dra. Josefina Tuazon, the dean of the University of the only P23 million, on the average, has been utilized, how do

Philippines (UP) College of Nursing, pointed out that a high we account for the remainder of the P50 million allocated for

number of graduates of practical nursing, a two-year course last year?

that focuses on the basics of nursing, worsens the

unemployment problem. In a statement to the media, SUSPENSION OF SESSION

Philippine Nurses Association National President (PNAP),

Ms. Leah Paquiz, said that there is no local demand or REP. BRAVO. May I ask for a one-minute suspension

positions for practical nurses within the Philippine health of the session, Mr. Speaker.

care delivery system, particularly in the light of the

oversupply of nurses and subsequent unemployment of THE DEPUTY SPEAKER (Rep. Datumanong). The

fresh nursing graduates. session is suspended for one minute.

Mr. Speaker, how will the department’s 2009 budget

address this imbalance in the supply and demand of health It was 2:45 p.m.

care service employment in our country? If there is no local

demand for practical nursing, should we not put up an RESUMPTION OF SESSION

alternative program that would attract practical nursing

students? At 2:50 p.m., the session was resumed.

MONDAY, OCTOBER 6, 2008 235



THE DEPUTY SPEAKER (Rep. Datumanong). The institution that actually trains our seafarers, Mr. Speaker. The

session is resumed. increase in the budget actually represents the improvement

The Sponsor may now respond. of all its facilities, Mr. Speaker.



REP. CRUZ-GONZALES. Thank you, Mr. Speaker, I am REP. CRUZ-GONZALES. Would the Gentleman agree

going to go to another point which is, how many of said that it should focus more on regulating the seafaring

OFWs have been repatriated for this year alone? profession rather than providing only direct training and

education services?

REP. BRAVO. If the Lady would allow us, we would

just like to submit a complete report of all the lists of those REP. BRAVO. The seafaring profession is already being

repatriated. well-regulated. In fact, the concentration is more on the

upgrading and capability and training of our seafarers, Mr.

REP. CRUZ-GONZALES. Kindly include the OFWs Speaker.

or their families who were able to avail of this emergency

repatriation program. REP. CRUZ-GONZALES. And this explains the focus

on the direct training and education services of the NMP.

REP. BRAVO. Yes, Mr. Speaker.

REP. BRAVO. Yes, Mr. Speaker.

REP. CRUZ-GONZALES. Thank you, Mr. Speaker.

The 2008 GAA granted the National Wages and REP. CRUZ-GONZALES. Mr. Speaker, on another

Productivity Commission (NWPC) a budget of P108,654,000 point, last June 20, a Filipino worker named Mario Atrero

and for 2009, its proposed budget is P129,589,000. How many died at the shipyard of a Korean company, Hanjin Heavy

of our wage boards have been able to expediently address Industries and Construction. The DOLE has declared the

the need to review and increase the wages of our workers, death of Mario Atrero and the injury of four of his co-workers

especially in the past six months when prices soared as a case of force majeure. The DOLE report said initial

exponentially? inspection showed that there were no other factors that caused

the collapse of the said forms other than strong winds. But

REP. BRAVO. Actually, all wage boards have already Councilor John Carlos delos Reyes of Zambales and Ramon

passed wage orders, including the ARMM office. Lakbain, head of Task Force Hanjin, and even the Subic Bay

Metropolitan Authority (SBMA) are one in reporting that

REP. CRUZ-GONZALES. So we can say that as of date, Mr. Atrero’s death could be attributed to the failure of the

said wage board orders have already been implemented? company to provide structurally- safe, temporary welfare

facility such as rest area or shed. Even the Philippine Daily

REP. BRAVO. Yes, Mr. Speaker. Inquirer reported that there were no barricades and safety

signs in the area where Mr. Atrero and his four companions

REP. CRUZ-GONZALES. Can the Gentleman please sought shelter during the rain.

distinguish or define the areas within which these wage orders Can the Gentleman please comment on said findings that

have been implemented. I have mentioned and even on the report made by the

Philippine Daily Inquirer.

REP. BRAVO. Yes, Mr. Speaker.

SUSPENSION OF SESSION

REP. CRUZ-GONZALES. Can he please identify.

REP. BRAVO. May I ask for a one-minute suspension

REP. BRAVO. We can. If we will be allowed, we will of the session Mr. Speaker.

submit a report on this matter.

THE DEPUTY SPEAKER (Rep. Datumanong). The

REP. CRUZ-GONZALES. We are also concerned about session is suspended for one minute.

this because we would like to find out the accomplishments

that the NWPC has done to merit a budget increase, which It was 2:57 p.m.

they have been proposing for 2009.

RESUMPTION OF SESSION

REP. BRAVO. We wish to include that in the report, if we

may, Mr. Speaker. At 2:58 p.m., the session was resumed.



REP. CRUZ-GONZALES. Thank you, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Datumanong). The

On another point, the National Maritime Polytechnic session is resumed.

(NMP) was allocated P90,336,000 for 2008. For fiscal year The Sponsor may now respond.

P2009, the proposed allocation is P101,532,000. What is the

mandate of the NMP? Is this not redundant with what private REP. BRAVO. The matter has already been acted upon

seafaring institutions offer, Mr. Speaker? by the Department of Labor- Regional Office III wherein their

recommendation was also accepted by the Hanjin Industries.

REP. BRAVO. The NMP is the only government But insofar as that safety measure or safety recommendation

236 MONDAY, OCTOBER 6, 2008



is concerned, we still would like to investigate further and REP. BRAVO. Opo, G. Ispiker.

hope to come up with more sound safety measures that should

be adopted within the premises of Hanjin Industries. REP. MARIANO. So the DOLE is constitutionally

mandated to protect, promote and defend the rights and

REP. CRUZ-GONZALES. With that assurance, Mr. welfare of the workers. It must be at all times in compliance

Speaker, we are pleased that a further investigation is being with the pertinent provisions of the existing Constitution.

made and steps are being taken to ensure the safety of our Tama po ba ang Kinatawang ito, G. Ispiker?

workers there. Because the government’s policy must be that

the dignity and safety of Filipino workers must take REP. BRAVO. Opo, G. Ispiker.

precedence over Hanjin’s even billions of dollars of

investments in the country. REP. MARIANO. Dito po sa proposed budget ng DOLE

So, on the last point, Mr. Speaker, the Sponsor will be for the fiscal year 2009, ang kabuuan po ay P6,657,318,000.

submitting or the department has committed to submit the Dito po, ang nakalaan para sa Office of the Secretary (OSEC)

compliance with the COA report, with regard to their failure ay P1,892,577,000. Ang may mga malalaki pong bahagi dito

to comply with the said COA regulations. I noticed that out sa proposed budget para sa DOLE for the fiscal year 2009 ay

of the 127 COA recommendations as of last year, only 29 were ang sa katulad ng NLRC na mayroong allotment na

implemented, 49 were partially implemented, and 49 were not P435,470,000 at gayundin po ang National Conciliation and

implemented at all. Can the disntinguished clarify, on the Mediation Board na mayroong allotment na P115,483,000.

report that they will be submitting to this Representation, Tama po ba, G. Ispiker?

exactly what particular items of the COA’s recommendations

it has already been implemented as of date? REP. BRAVO. Tama po, G. Ispiker.



REP. BRAVO. We will categorically state that in the report, REP. MARIANO. Dito po sa page 524 ng 2009 General

Mr. Speaker. Appropriations Bill, House Bill No. 5116, lines 47 to 50,

mayroon po ditong bahagi sa “Special Provisions” kaugnay

REP. CRUZ-GONZALES. Thank you very much, sa use of income. Sinasabi po rito na P10,250,000 shall be

distinguished Sponsor, Mr. Speaker, for the time given to this charged against the special trust fund to be constituted from

Representation to interpellate. fees collected by the NLRC for the grant of special allowance

to the commissioners and labor arbiters of the NLRC pursuant

THE DEPUTY SPEAKER (Rep. Datumanong). The to pertinent laws. Nakasaad po rito ang mga batas na

Floor Leader is recognized. sinasabing dapat na umalinsunod. Puwede po bang malaman

natin, on the average, ang annual collection ng NLRC from

REP. DE GUZMAN. Mr. Speaker, may the Honorable fees or non-revenue collections, Mr. Speaker.

Rafael V. Mariano from the Party-List Anakpawis be

recognized for his interpellation. REP. BRAVO. Kung fees lang po, the amount is something

like P10 million, more or less, Mr. Speaker.

THE DEPUTY SPEAKER (Rep. Datumanong). The

Gentleman from Anakpawis is recognized for his interpellation. REP. MARIANO. More or less, P10 million po.

Ito pong P10,250,000 ay humigit-kumulang marahil sa

REP. MARIANO. Maraming salamat po, G. Ispiker. estimate o sa tantiya ng DOLE, partikular ang NLRC, ay

Kung mamarapatin po ng Ginoo ay mga ilang katanungan kayang-kayang kolektahin sa taong 2009, ganoon po ba, G.

lamang po ang maaasahan niyang manggagaling sa Ispiker?

Kinatawang ito mula sa Anakpawis Party-List. Maaari po ba

niyang paunlakan, G. Ispiker? REP. BRAVO. Yes, Mr. Speaker.



REP. BRAVO. Opo, ikinagagalak ko po. REP. MARIANO. Thank you, Mr. Speaker.

Para naman malaman ng ating mga manggagawa at

REP. MARIANO. Marami pong salamat, G. Ispiker. mamamayan, kung mako-kolekta man ang ganitong halaga

Isa po sa mandato at hangarin ng DOLE o masasabi para sa allowances ng mga commissioners ng NLRC at mga

nating isa sa mga core programs nito ay ang pagtiyak sa labor arbiters, gaano po kaya humigit-kumulang ang

proteksyon, pagtatanggol at pagtataguyod sa mga karapatan maibabahaging dagdag na allowances sa kada commissioner

at kagalingan ng masang manggagawa. Tama po ba ang at kada labor arbiter, on the estimate lang po?

Kinatawang ito, G. Ispiker?

REP. BRAVO. Humigit-kumulang po sa P5,000.

REP. BRAVO. Tama po.

REP. MARIANO. Opo. Kaya humigit-kumulang po sa

REP. MARIANO. Kung gayon ay napakahalaga po na limang libong piso ang inaasahang madadagdag sa allowances

ang mandatong ito, na isa o kung hindi man pangunahing ng commissioners ng NLRC at ng mga labor arbiters nito.

core ng mga programa ng DOLE ay dapat na matiyak na Dito po naman sa pahina 522, lines 56 to 59, mayroon po

umaalinsunod sa lahat ng oras bilang pagtalima sa mga ditong “Special Provisions” kaugnay naman sa paglalaan ng

pertinenteng probisyon ng kasalukayang umiiral na P400,000 na “shall be sourced from the collections of

Konstitusyon, hindi po ba? registration fees on Collective Bargaining Agreements (CBAs)

MONDAY, OCTOBER 6, 2008 237



which form part of the Special Voluntary Arbitration Fund REP. MARIANO. Lalo na po kung dumarami ang kaso

constituted under Article 231 of the Labor Code, as amended kung saan ang mga manggagawang regular ay nawawalan

by RA 6715, subject to the submission of a Special Budget, ng trabaho o kaya naman ay tinatanggal sa trabaho, tini-

pursuant to Section 35, Chapter 5, Book VI of EO 292.” Ito po terminate ang kanilang employment, o kaya naman ay dahil

bang P400,000, ito ang humigit-kumulang na estimate ng DOLE na rin sa tindi ng krisis hindi lang sa ating ekonomiya ng

na mako-kolekta through registration fees talaga sa mga ire- ating bansa, kung hindi sa buong mundo. Kapag nagsara na

rehistrong mga CBAs, Mr. Speaker? ang kumpanya, wala na rin ang unyon. Kung wala na ang

unyon, wala na ring CBA, wala na ring collective bargaining

REP. BRAVO. Yes, Mr. Speaker. agent ang mga manggagawa kung kaya’t nakakapamayagpag

pa ang mga kapitalista at employers sa ibayong

REP. MARIANO. Mga ilang CBAs po kaya ang pagsasamantala sa ating manggagawa. Hindi po ba ganoon

inaasahan nating mare-rehistro sa 2009 kung saan ay ang kalakaran ngayon, G. Ispiker?

inaasahan po ng DOLE na makaka-kolekta ang P400,000?

REP. BRAVO. Iyon po ang mapait na katotohanan, ngunit

REP. BRAVO. More or less, from 450 CBAs for 2009, Mr. sa parte po naman ng DOLE ay magkakaroon po tayo ng

Speaker. isang programa kung saan nagagawan ng paraan na ma-

accommodate ang mga na-displaced nating mga kapatid, G.

REP. MARIANO. Mga 450 CBAs po? Ispiker.



REP. BRAVO. Opo. REP. MARIANO. Kasi po ngayon, bukod pa sa mga

manggagawang ginagawang apprentice lang ay nagiging

REP. MARIANO. Ibig pong sabihin niyan, mayroon permanente rin hindi ang employment nila kung hindi ang

marahil 450 na mga unyon ng mga manggagawa na kanilang pagiging casual, irregular, seasonal or contractual

magkakaroon ng negosasyon o magre-renew ng kanilang ng mga manggagawa. Iyon po ang nagiging tunguhin—ang

CBAs. O kaya naman may mga ilulunsad na negosasyon sa nagiging permanente ay ang kanilang pagiging hindi

pagitan ng mga manggagawa at mga employer. Ibig pong permanente. At ang mga regular ay nagiging hindi

sabihin, kung hindi unionized ang mga manggagawa, permanente. Paano po kaya ang programang “gainful work

siyempre po, wala silang collective bargaining agreements, and employment” ng DOLE for 2009 para sa ating mga

kaya wala silang leverage para itulak ang negosasyon o manggagawa? Ang mga programa para sa bagong entrants,

panibagong negosasyon sa panibagong CBAs, hindi po ba, kung wala iyon ay paano natin mapapalaki ang bahagi ng

Mr. Speaker? total labor force na talagang employed, G. Ispiker?



REP. BRAVO. Tama po. REP. BRAVO. Sa parte po ng DOLE, kapag mayroon

pong violations na ganito at idinulog po sa kanila, lalung-

REP. MARIANO. Sa kalagayan po natin ngayon, marami lalo na po sa NLRC, ito po ay binibigyan naman ng karapat-

sa ating mga manggagawa ay hindi unionized o walang unyon dapat na disposisyon. Aide from that, the DOLE has been

na kinabibilangan, kung kaya ay hindi nakapailalim sa ano extending assistance to the displaced workers para hindi

mang umiiral na CBA. Mukhang ang trend po ay kung hindi naman sila nagiging kaawa-awa.

man lumiliit ay hindi gaanong lumalaki ang bilang ng mga

manggagawang unionized. Marami rin ang kaso na dahil sa REP. MARIANO. Thank you, Mr. Speaker.

iba’t ibang kaparaanan na rin ng employers o ng mga Sa 2009 po ay naniniwala kaya ang DOLE na magiging

kapitalista ay nabubuwag ang unyon. Therefore, ang kasunod kaaya-aya o napaka paborable ang kaayusan at kalakaran

noon ay wala nang CBAs. Na-konsidera po ba ito ng DOLE, para sa pagkakaroon ng dagdag na trabaho sa ating mga

partikular sa inaasahan nitong koleksiyon na P400,000 from napakaraming manggagawang walang trabaho o kaya naman

the registration fees na mako-kolekta nila sa mga CBAs na ay hindi sapat ang trabaho, Mr. Sponsor?

maaaring mai-rehistro o mai-rehistrong muli sa 2009?

REP. BRAVO. Gagawin po ang lahat ng paraan para

REP. BRAVO. Pinag-aaralan pong mabuti, G. Ispiker. matupad ng DOLE ang kanilang mandato pagdating sa bagay

na iyan.

REP. MARIANO. Sumasang-ayon po ba ang Ginoo na

kung dumarami ang mga manggagawa na wala namang unyon, REP. MARIANO. Kasi po sa pagitan ng 2001 at 2006, ito na

o kung may unyon man ay nabubuwag, o kaya naman ay ang sinasabing worst ever sa six-year period of unemployment

dahil lumiliit ang bilang ng mga manggagawang regular ay na umabot sa 11.3 percent at ang underemployment na umabot

nalulusaw ang unyon, o sa pamamagitan ng matinding sa 18.07 percent. Kaya masasabi na 4.1 million ang walang trabaho

pandarahas at panunupil ay nababasag ang unyon ng mga at 7.5 million ang underemployed, kaya mayroong kabuuang

manggagawa, at kung gayon ay lumiliit din ang bilang ng 11.6 million Filipinos ang talagang naghahanap ng sapat at

mga manggagawang nabibilang sa unyon at lumiliit din ang nakabubuhay na trabaho. Sa ganito po kayang kalagayan mula

bilang ng mga manggagawa na mako-cover ng anumang noong 2001 hanggang ngayong 2009 ay mari-reverse pa po kaya

CBA? Hindi po ba ganoon ang katotohanan, G. Ispiker? itong ganitong naging kairalan noong mga nasabing panahon,

Mr. Sponsor?

REP. BRAVO. Totoo po iyan na habang lumiliit po ang

mga unyon, lumiliit din po ang bilang ng mga CBAs. REP. BRAVO. Ang atin pong figures as of July 2008 on

238 MONDAY, OCTOBER 6, 2008



the unemployment rate is actually on a downtrend kasi 7.4 factor na ito o input. Batay na rin po ito sa mas optimistic

percent na lamang po ang ating unemployment rate, Mr. scenario na 4.8 percent na paglago raw ng GDP sa daigdig na

Speaker. nirebisa na rin naman ng IMF. Kaya’t milyun-milyon pa ang

maaasahang idadagdag sa 189.9 milyong walang trabaho

REP. MARIANO. Mr. Speaker, siguro kailangan pong i- noong 2007 bunga ng isang mas masahol na recession na

validate iyan sa aktuwal na kalakaran natin ngayon. Sa inaasahan sa taon pong ito at sa taong 2009. Sana po ay

agricultural sector, dahil doon sa negatibong epekto ng maisaalang-alang po ng DOLE iyan.

pagpasok ng ating bansa sa General Agreements on Tariffs Dito naman po, Mr. Speaker, sa gawain po ng NLRC,

and Trade (GATT), na ngayon ay World Trade Organization makahingi na rin po ang Kinatawang ito ng mga

(WTO) na, ay papalaki ang ating agricultural trade deficit at mahahalagang impormasyon at datos o report ng NLRC

papalaki ang bilang ng ating mga agricultural workers, mga kaugnay doon sa mga kasong hinawakan nito o kaya ay

magsasaka, even sugar workers, plantation workers, na naresolba na, o pending pa, o final and executory na at

talagang kung hindi man nawawalan ng trabaho ay kailangan na po ang execution. Kasi po ang tanggapan po

bumabagsak sa katayuang casual, seasonal, irregular o ng Anakpawis Party-List ay patuloy na nakatatanggap ng

contractual workers. Siguro po, kailangang i-validate nang mga kaso na mangilan-ngilan na nga lamang ang

maigi ang datos na iyan ng gobyerno o ng DOLE as to the ipinapanalong kaso ng ating mga kapatid na manggagawa

actual number of manggagawa natin na talagang masasabing at kahit na maging final and executory na ay hindi pa rin nai-

gainfully employed at kumikita ng talagang sapat at execute. Lalo na kung ito ay mga kaso ng illegal dismissal o

nakabubuhay. Hindi po ba, Mr. Sponsor? termination at walang kalaban-laban ang ating mga kapatid

na manggagawa at kung nag-a-apila na ang employer o

REP. BRAVO. Tama po iyan, Mr. Speaker. At kung kapitalista sa NLRC ay hindi naglalagak ng appeal bond.

mamarapatin po ng Kinatawan ng Anakpawis ay magsu- Kaya kahit manalo ang manggagawa kahit sa hukuman,

sumite po kami ng report sa kanya pagdating sa mga Court of Appeals o Korte Suprema, at kung mayroong

development sa mga bagay na ito. kaalinsabay na monetary award ang mga desisyon ng korte

na pabor sa manggagawa ay hindi po natatamasa ng mga

REP. MARIANO. Maraming salamat po. At sana po ay manggagawa. Ano po bang hakbang ang ginagawa o gagawin

matanggap ng Kinatawang ito o ng Kapulungang ito ang ng NLRC kaugnay sa mga kaso ng ating mga manggagawa?

mga pinakahuli at relevant na data o information kaugnay po At magiging mahaba lang po ang panahon kapag inisa-isa

nig ating kabuuang labor force—ito talaga iyong unemployed, ko po dito ang listahan. Ano po ba ang maaaring maasahang

underemployed. At maganda po siguro, isulat na rin nila ang hakbang o ginagawa na kaya ng NLRC kaugnay nito, Mr.

kategorya, depinisyon, kung sino ang employed at sino ang Speaker?

underemployed. Sa punto pong iyan, thank you po, Mr.

Speaker, at iiba na po ako ng aking tanong. REP. BRAVO. Mr. Speaker, sa kasalukuyan po ay nag-

Ikonsidera rin po nila, sa kanilang pag-aaral, ang epekto organisa na ng isang task force ang NLRC upang i-monitor

at magiging epekto nitong financial crisis sa US at sa buong ang implementation or execution ng mga decisions ng

mundo. Baka mga ilang araw lang o ilang linggo o buwan ay Supreme Court. And we will furnish the Gentleman from

higit na maramdaman na rito sa rehiyon ng Asya, lalo na sa Anakpawis a complete report of all the cases before the NLRC

ating bansa. May malaki po talagang epekto iyan sa anumang within the week, Mr. Speaker.

target o projections ng DOLE kaugnay sa magiging kabuuang

bilang ng mga manggagawang employed o underemployed REP. MARIANO. Mahalaga po iyon, Mr. Speaker,

sa taong 2009. Pakisama na lamang po siguro ang mga sapagkat alam po naman natin na “justice delayed is justice

mahahalagang datos o impormasyon kaugnay doon. Kung denied,” hindi po ba? At kailangan po, ang DOLE, lalo na ang

nagsasagawa ng study ngayon ang DOLE, ano ba hinaharap NLRC or NCMB, ay nakatitiyak na even ang procedural and

at ano ba talaga ang nagiging negatibong impact ng financial substantive rights to due process ng ating mga manggagawa,

crisis na iyan sa US, kung saan nakaugnay ang ating at all times, ay napo-protektahan. Napakahalaga po iyon

ekonomiya sa ekonomiya ng Estados Unidos, Mr. Speaker. sapagkat kung matanggal sa trabaho ang manggagawa, para

Maaasahan po kaya ng Kinatawang ito, Mr. Sponsor? na pong pinatay natin ang buong pamilya niya sapagkat wala

nang pinanggagalingan ng ikinabubuhay. Napakataas na po

REP. BRAVO. Gagawin po natin iyan, Mr. Speaker. ng cost of living ngayon, mahigit na P900, pero kakarampot

pa rin ang tinatanggap ng mga manggagawa. Sabi po nila,

REP. MARIANO. Kasi po, Mr. Speaker, talagang ang mga Regional Wage and Productivity Boards na iyan ay

nakababahala ang kalagayan na kahit ang International Labor inutil naman sa pagdi-desisyon talaga na ang sahod ng mga

Organization (ILO) ay nagbabala na madadagdagan ng limang manggagawa ay dapat sapat at nakabubuhay.

milyong manggagawa ang hanay ng walang trabaho sa buong Hindi naman po siguro lingid sa atin na dito sa Kongreso,

mundo dahil sa kasalukuyang financial crisis. Kung gayon, partikular sa House of Representatives, ay nakabinbin pa rin

paano ito tinitingnan ng DOLE, sa kalagayang naitala na ang panukalang batas para dagdagan ang minimum wage ng

noong 2006 at 2007 ang pinakamataas na bilang ng kawalan ating mga manggagawa by P125 across the board nationwide.

ng trabaho o unemployment rate sa bansa? Ma-konsidera rin Kaya mahalaga po ang execution ng mga orders and decisions

po sana ito ng DOLE. ng NLRC man o ng korte na pabor sa ating mga manggagawa.

At tataas raw po ang pandaigdigang datos ng walang Makaaasa po kaya ang Kinatawang ito sa kumpletong

trabaho tungong 6.1 percent. Sana kung magsasagawa ng listahan ng mga kaso at kung ano man po ang status? Siguro

pag-aaral ang DOLE, ikonsidera rin po itong mahalagang po, hindi man summary ay ang mga status report ng mga

MONDAY, OCTOBER 6, 2008 239



kasong hinahawakan ng mga labor arbiters or nasa NLRC na daw po na-upheld ng NLRC ang validity ng suspension ng

o kaya naman ay ipinaglalaban ng manggagawa o ng labor dalawang AIM professors. Pakitingnan na lang po kasi po

arbiter or ng NLRC sa Court of Appeals o hanggang sa Korte nagtatanong sila. Ito kayang pag-uphold ng validity na ito

Suprema. Makaaasa po kaya ang Kinatawang ito, Mr. ng NLRC na kaugnay sa suspension ng dalawang AIM

Speaker? professors, may kinalaman kaya rito ang pagiging consultants

daw po ng AIM management nitong si former DOLE

REP. BRAVO. Makakaasa po kayo, Mr. Speaker. Secretaries Nieves Confesor at Bienvenido Laguesma?

Kailangan siguro na ipaliwanag ito sapagkat ay mahirap

REP. MARIANO. Tingnan na lamang din po natin ang naman na tumigas o tumining ang ganitong paniniwala ng

mga kasong pending ang execution–ang kaso ng mga ating manggagawa sa AIM at para makita nilang talagang fair

manggagawa sa BLTB Company, kaso ng mga manggagawa and judicious ang nagiging desisyon ng NLRC. Makaaasa

sa AJF Construction. Iyon po ang nakikita kong may mga po kaya ang Kinatawang ito na isasama nila ito sa report, Mr.

pending execution. At siguro po ay ikukumpara na lamang Speaker?

namin itong hawak naming listahan doon sa kanilang

ipapadalang status report. Makaaasa po kaya ang Kinatawang REP. BRAVO. Makakaasa po sila.

ito, Mr. Speaker?

REP. MARIANO. Thank you, Mr. Speaker.

REP. BRAVO. Gagawin po namin ang lahat para mai- Dito po sa NCMB, umaabot sa kaalaman ng Kinatawang

deliver sa inyo, Mr. Speaker. ito at sa Anakpawis Party-List na ginagawa raw po na mas

mahirap o mas kumplikado na ngayon ang pagsasagawa ng

REP. MARIANO. Thank you, Mr. Speaker. mga aksyon ng mga manggagawa kagaya ng kanilang

May rule-making power ang judiciary, hindi po ba, ang paggamit ng kanilang karapatan sa pagwewelga laban sa mga

Korte Suprema? Kapag nagdesisyon na ito at panalo ang ULPs, ang unfair labor practices, sa lebel ng NCMB. Ano po

manggagawa, sino ang mag-e-execute? Hindi naman ang ang magiging komentaryo nila rito sa ganitong karanasan ng

Supreme Court. Ang labor arbiter ang mag-e-execute ngunit ating mga manggagawa kung saan nagsisimula pa lang ang

hindi sumunod ang employer o kapitalista. Mayroon bang welga ay may assumption of jurisdiction order na? Ilan po ba

poder ang labor arbiter na mag-file ng contempt case? Wala ang mga kasong ganito, Mr. Speaker?

naman yata, hindi po ba?

REP. BRAVO. Sa hanay po ng NCMB, wala naman po

REP. BRAVO. Ang available lang po yata na sanction is silang power or authority to assume jurisdiction. Iyan naman

indirect contemp, pero kailangan dumaan pa po sa husgado, po ay nasa Secretary of Labor. Wala pong reported on record

sa tamang proseso. na kaso.



REP. MARIANO. Indirect contempt lamang. Tingnan REP. MARIANO. Ang kapangyarihan ng assumption of

na lang siguro rin kung hanggang saan ang poder ng NLRC jurisdiction ay talaga pong nasa Secretary ng DOLE.

sa pag-e-execute ng mga desisyon. Kasi po ang target ninyo Siyempre, hindi naman po aaksyon ang Secretary kung wala

ay zero backlog, hindi po ba, by June 30, 2008? Pakisama na namang rekomendasyon o kasong isinampa sa lebel man ng

rin po ninyo kung talagang na-achieve ang target na iyon na arbiter o ng NLRC na nangangailangan ng assumption of

zero backlog, ilang porsyento ang inabot ng resolusyon ng jurisdiction ng Office of the Secretary. Hindi po ba tama iyon,

mga kaso, ilan naman ang hindi at ano ang dahilan ang hindi Mr. Speaker?

pag-abot sa inyong zero backlog target by June 30, 2008.

Pakisama na rin po ninyo ang mga iyon, Mr. Speaker. REP. BRAVO. Sa lebel po ng NCMB, they are trying

their best to maximize conciliation and mediation para hindi

REP. BRAVO. Kumpleto po ang ipadadala namin sa inyo, na po umabot doon sa lebel na iyon.

lahat ng detalye, Mr. Speaker.

REP. MARIANO. Opo. Hindi po ba tama lang na parang

REP. MARIANO. Kasi po ang mga manggagawa talaga barometer sa effectiveness ng NCMB ay ang dami ng na re-

natin ay nababagalan sa aksyon ng NLRC at batay sa kanila resolbang kaso na nahahawakan nila? Conciliation and

pong mga karanasan, naisasalaysay po nila maging sa mediation, hindi po ba? Kung hindi malutas sa hanay ng

Kinatawang ito na may mga kaso at marahil ay i-identify din manggagawa, kung sa tingin nila ay may unfair labor practice,

po ninyo ang mga kaso na dinesisyonan sa lebel ng labor ay nagpa-file sila ng notice of strike, hindi ba? Ang nangyayari

arbiter at NLRC na talagang pumabor sa mga manggagawa po ay kapa-file pa lamang, kasisimula pa lamang, ay mayroon na

para makita natin kung ang NLRC ba ay maka-manggagawa o kaagad assumption of jurisdiction. Kaya marahil ay tingnan din

maka-employer o maka-kapitalista. Para pagharap natin sa ng NCMB kung kulang pa ba ang kanilang pag-alinsunod at

mga manggagawa at sinabi nilang ang NLRC ay anti- pagpapatupad sa kanilang mandato. Siguro po ay manghihingi

manggagawa, ay mayroon po tayong ipi-presenta na aktwal na lamang ang Kinatawang ito ng mga relevant data, information,

na datos. documents na nagpapakita ng naging performance ng NCMB

para masukat din naman kung gaano ang pagiging epektibo nito

REP. BRAVO. Gagawin po natin iyon, Mr. Speaker. sa pag-conciliate at pag-mediate ng mga labor cases.



REP. MARIANO. Pakitingnan na rin po nila ang kaso REP. BRAVO. Makaaasa po sila sa loob ng linggong ito

roon sa AIM, Asian Institute of Management, kung saan na maipapadala sa kanila ang kumpletong report at mga datos

240 MONDAY, OCTOBER 6, 2008



na bahagi na kung papaano niri-resolba ng NCMB ang mga manggagawa. Sumasang-ayon po ba ang Ginoo sa pananaw

kaso before them. at paninindigan ng Kinatawang ito, Mr. Speaker?



REP. MARIANO. Ito pong susunod kong tanong ay REP. BRAVO. One hundred percent po na sumasang-

pangatlo ito sa pinakahuli, Mr. Speaker. Maikli na lamang ito. ayon ako.

Sa Southern Tagalog po ay napakaraming labor disputes

ang idinudulog ng mga manggagawa sa Anakpawis Party- REP. MARIANO. Maraming salamat po, Mr. Speaker.

List at kadalasan umano po ay direktang nakikialam o Kasi po ay nangyayari iyan at patuloy na nangyayari sa

nanghihimasok ang ilang local government units (LGUs,) katulad na kaso ng International Wiring System Workers

militar, police at regional special action forces sa mga picket Union sa Hacienda Luisita Industrial Park, Tarlac City. Isa

line. Pinapayagan po ba ito ng DOLE o alin mang ahensiyang lamang po iyan sa napakaraming kaso at marahil po ay hihingi

may kinalaman sa pagtiyak ng protection or implementation na rin kami ng mga datos nila kung naitatala nila ang mga

ng labor standards, labor laws, lalo na sa pagprotekta sa mga ganoong kaso. Saan-saan at sinu-sino ang mga involved sa

karapatan ng mga manggagawa, at kung ano din ang bahagi mga mararahas na pag-disperse sa mga manggagawa, Mr.

rito ng NCMB at appropriate o attached agencies ng DOLE, Speaker?

Mr. Speaker. At kung mayroong ginagawa para matiyak ang

proteksyon ng ating mga manggagawa, lalo na sa iba’t ibang REP. BRAVO. Gagawin po namin.

anyo ng political harassment and repression na ginagawa sa

kanila, para ang mga ito ay matigil na, Mr. Speaker. REP. MARIANO. Salamat po.



REP. BRAVO. Ang DOLE at mga regional offices ay REP. BRAVO. Thank you, Mr. Speaker.

hindi naman po dumudulog sa PNP kung hindi kinakailangan.

Halimbawa ay kung mayroong mga orders na gustong REP. MARIANO. Panghuli po, Mr. Speaker, puwede po

ipatupad ang DOLE at hindi naman sinusunod ng mga strikers, bang malaman ang paninindigan ngayon ng DOLE kaugnay

doon po pumapasok ang request ng DOLE sa PNP. Ang ibang sa panukalang batas na itaas ang sahod ng mga manggagawa

kaso, probably, ay baka nasa discretion na at initiative ng mg ng P125 across-the-board nationwide sa minimum wage nila

LGUs to see to it that peace and order will be maintained in through legislation.

their areas of jurisdiction.

REP. BRAVO. The DOLE National Wages and

REP. MARIANO. Pero kung ang usaping namamagitan Productivity Commission is for protecting the income of

sa employer, kapitalista at manggagawa ay pawang talagang workers. It is for increasing the wages of all workers,

maituturing na labor issue o labor dispute, mayroon namang thereby ensuring them a humane standard of living.

NCMB, hindi po ba? Mayroon ding most appropriate pa However, it cannot support the ATB or across-the-board

na agency o attached agency ng DOLE kaya hindi ba dapat increase of P125 because, while the bill would substantially

sila ang humarap o kaya mamagitan at magtiyak na ang pag- increase the disposable income of workers, the long-term

a-ayos ng usapin sa pagitan ng labor at saka ng kapitalista adverse impact of an ATB P25 would far outweigh the short-

at employer ay maisagawa para maging matagumpay ang term benefit to the workers in terms of higher wages, Mr.

pag-resolba ng kanilang issue, usapin o mga kaso at hindi Speaker.

dapat makialam ang iba pa, lalo na ang pulis o military.

Tingnan din marahil kung hanggang saan ang dapat lamang REP. MARIANO. Mr. Speaker, nais lang natin bigyang

na papel at kapangyarihan ng mga LGUs, hindi po ba, Mr. diin na yamang iyan ang posisyon ng DOLE ay marahil ay

Speaker? kinakailangan talaga at all times ang reiteration at compliance.

Napakahalaga po ang pag-alinsunod natin na kahit ang

REP. BRAVO. Iyon naman po talaga ang polisiya ng kasalukuyang umiiral na Konstitusyon ng Republika ng

DOLE na kung hindi kinakailangan ang interbensiyon ng mga Pilipinas ay malinaw at nagbibigay ng diin sa kanyang

law enforcement units, hindi naman talaga tinatawag. tadhanain katulad sa Artikulo II on the Declaration of

Ang NCMB po ang namamagitan continuously kahit na Principles and State Policies. On State Policies, makikita at

nga po mayroon pang nakasampang kaso. Patuloy rin nilang mababasa po natin sa Section 18 ang ganito: “The State affirms

ginagampanan ang kanilang mga functions at mina-maximize labor as a primary social economic force. It shall protect the

ang conciliation and mediation efforts. rights of workers and promote their welfare.” Malinaw po

iyon, Mr. Speaker.

REP. MARIANO. Kasi po ang iniiwasan at dapat iwasan Ang marami pong puna at paninindigan na rin ng

nga ay ang magkaroon ng mga insidenteng mararahas na nakararami nating mga manggagawa na hindi nagiging

pagbuwag, pananakit, pamamalo o pagmasaker o pagpaslang epektibong venue para sa kanila ang mga Regional Wages

sa mga manggagawa. Nangyari na po iyan sa Hacienda Luisita, and Productivity Boards, lalo na kung ang pag-uusapan ay

hindi po ba? Bakit nang mag-assume ng jurisdiction ang DOLE kung paano ihahabol o ipapantay ang kanilang arawang sahod

sa ilalim ng former Secretary Patricia Sto. Tomas noon ay na- sa tunay na halaga ng pamumuhay saan mang rehiyon. Lalo

deputize niya hindi lamang ang PNP ngunit pati ang military. na po rito sa Metro Manila at kahit nga po sa ARMM ay

Ano po ang legal basis noon? Kaya para maiwasan natin ang talaga pong napakasahol ng kalagayan at napakaliit ng

mga ganoong pangyayari, marahil at talagang sa sinasahod ng mga manggagawa roon.

pamamagitan ng conciliation ay maayos ang kaso at hindi na Dito po sa Article XIII ng Konstitusyon on Social Justice

umabot sa mararahas na pagsupil sa karapatan ng ating mga and Human Rights ay napakalinaw po ang mga probisyon

MONDAY, OCTOBER 6, 2008 241



dito na Section 3: “The State shall afford full protection to REP. AQUINO. Mr. Speaker, is there a time limit for us

labor, local and overseas, organized and unorganized...—kaya here? Do we have a limited time here to ask questions?

po ang P125 ATB increase sa minimum wage ng ating mga

manggagawa nationwide ay hindi lang doon sa organized THE DEPUTY SPEAKER (Rep. Datumanong). Is the

pero maging doon sa mga unorganized—...and promote full Gentleman raising a parliamentary inquiry?

employment and equality of employment opportunities for

all.” REP. AQUINO. No, because I thought one of our

At sa second paragraph po nito ay napakalinaw ang colleagues was…

itinatadhana: “It shall guarantee the rights of all workers to

self-organization, collective bargaining and negotiations, and THE DEPUTY SPEAKER (Rep. Datumanong). The

peaceful concerted activities, including the right to strike in Gentleman was recognized for his interpellation.

accordance with law. They shall be entitled to security of

tenure...—hindi po security of tenure pero contractualization REP. AQUINO. Yes.

ang dinaranas ng ating mga manggagawa—…humane

conditions of work,...—siguro tingnan din ang health and THE DEPUTY SPEAKER (Rep. Datumanong). He may

safety ng ating mga manggagawa sa lahat ng mga now proceed with his interpellation.

workplaces—...and a living wage.” Ewan ko po kung alin sa

mga naging desisyon ng Regional Wages and Productivity REP. AQUINO. All right.

Boards ang umaabot na sa kategorya ng pagiging Mr. Speaker, may I know where in the whole Philippines

nakakabuhay na sahod, Mr. Speaker. Sa pagpapatuloy po ng do we have the most number of OFWs? Is it in Zamboanga,

nasabing artikulo sa Konstitusyon, nakasaad din po na, “They Cebu? May we know the top three areas since 2005, Mr.

shall also participate in policy and decision-making processes Speaker?

affecting their rights and benefits, as may be provided by

law.” REP. BRAVO. These are the NCR, Region IV and Region

Binigyan lamang po natin ng diin ang mga iyan, Mr. III, Mr. Speaker.

Speaker, sapagkat hindi ko po maintindihan kung mayroon

mang depinisyon ang DOLE o kung itong depinisyon na ito REP. AQUINO. So these are the NCR, Regions III and IV.

ay umaayon sa mga pertinent provisions ng 1987 Constitution Mr. Speaker, may this Representation know if the OWWA

na akin pong binaybay. Kung ano ang pakahulugan ng DOLE has livelihood projects, and if they have, what are these

sa tinatawag na “just and living wage.” Iyon lamang, Mr. livelihood projects?

Speaker. Salamat po rito sa ipinadalang statistical data on the

Bureau of Rural Workers Programs and Services for the Rural REP. BRAVO. We have, Mr. Speaker. In fact, the OWWA,

Workers. Siguro po ay hihingi ang Kinatawang ito ng through the national livelihood support fund, has different

Anakpawis Party-List ng narrative o summary ng mga ulat programs and projects available.

nila sa implementasyon ng kanilang mga programa at serbisyo.

Umaasa po ako na kanilang maipapadala ito sa madaling REP. AQUINO. Mr. Speaker, does OWWA have a

panahon. livelihood project with a title of “Groceria”?

For now, Mr. Speaker, maraming salamat po. Sabi nga

po ng yumaong minamahal na Crispin “Ka Bel” Beltran na: REP. BRAVO. Yes, and within three years of operation,

“Tuloy ang laban ng mga manggagawa para sa kanilang they were able to establish 900 “Grocerias” all over the

makauring interes at kagalingan!” country.

Maraming, maraming salamat po at magandang hapon

po sa ating lahat. REP. AQUINO. When did this “Groceria” program start?



REP. BRAVO. Maraming salamat din po. REP. BRAVO. It was started in 2004 and right now, it is

under review.

THE DEPUTY SPEAKER (Rep. Datumanong). The

Dep. Majority Leader is recognized. REP. AQUINO. Right now, it is stopped, Mr. Speaker. Mr.

Speaker, the reason I was asking about this program is, again,

REP. GARIN. Mr. Speaker, I move that we recognize during the start of my interpellation, I asked and the Gentleman

the Honorable Jose S. Aquino Jr. from the First District of acknowledged that we have the three most number of OFWs

Agusan del Norte. in the NCR, followed by Regions III and IV. I am just quite

concerned and alarmed, Mr. Speaker, because during the start

THE DEPUTY SPEAKER (Rep. Datumanong). The of 2004 up to 2007, I do not know for what reason, but it is in

Gentleman from Agusan del Norte is recognized. my region, in the Caraga Region, which received the biggest

releases of “Groceria” loans with no interest. I am quite

REP. AQUINO. Thank you, Mr. Speaker. Correction, Mr. concerned and alarmed why that happened in my region when

Speaker. I am the “II,” not the “Jr.” they have acknowledged that the most number of OFWs is in

Good afternoon, distinguished colleague and members the NCR, Region III and Region IV. But what happened was

of the DOLE, OWWA and POEA family. that in Caraga in 2006, the amount released for the “Groceria”

program was P3,000,050, while the NCR, which has the most

REP. BRAVO. Good afternoon. number of OFWs, was only P450,000.

242 MONDAY, OCTOBER 6, 2008



REP. BRAVO. We will look into that, Mr. Speaker. course, wala pa siguro silang alam dito dahil bago lang si

Administrator Dimson at si Administrator Manalili sa POEA.

REP. PLAZA. Mr. Speaker, just a rejoinder. I have requested for the opening of the POEA in our region.

It is not only for my district, but it is for the whole region.

REP. AQUINO. Excuse me, Mr. Speaker. I think this needs Right now, our people have to travel for three hours just to

an answer. Because it will be unfair to my fellow colleagues go to the nearest POEA office. I hope they would not take it

here present that the other districts received only like P450,000 against this Representation.

or P500,000. Region V received P150,000. But in my region, it Mr. Speaker, I would just like to thank our colleague here

was P3,000,050. Can we get an answer to this, Mr. Speaker? for the short time that they have given me. Thank you.



REP. BRAVO. As of this time, we do not have yet the REP. PLAZA. Mr. Speaker, just a rejoinder to the line of

exact number, Mr. Speaker. If my colleague from Agusan del questioning of the Gentleman from Agusan del Norte, I would

Norte would allow us, we will just submit a complete and just want to ask one question.

accurate data in the soonest possible time. While the program

is suspended in the meantime, then we will try to review certain THE DEPUTY SPEAKER (Rep. Singson, E.). Yes, the

policies to address this particular problem, Mr. Speaker. Honorable Plaza will ask just one question.



REP. AQUINO. Mr. Speaker. REP. PLAZA. Thank you, Mr. Speaker.

I think there is a misfire here. I think the intention really is to

THE DEPUTY SPEAKER (Rep. Datumanong). With request the committee to submit to these Representations or the

the permission of the two Gentlemen on the floor... Representation of Caraga, the list of beneficiaries as regards the

budget that was released. Mr. Speaker, apparently, while there

REP. PLAZA. Mr. Speaker. was budget released for the purpose of labor support or

employment support, these releases were never in consultation

SUSPENSION OF SESSION with the Members of Congress coming from Region X. For

transparency, it is the request of this Representation that they

THE DEPUTY SPEAKER (Rep. Datumanong). The kindly submit the list of the beneficiaries and, in particular, the

session is suspended for one minute. list of provinces or congressional districts.

That is all, Mr. Speaker.

It was 4:00 p.m.

REP. BRAVO. We will do that, Mr. Speaker.

RESUMPTION OF SESSION

REP. PLAZA. As I have promised, I will ask just one

At 4:01 p.m., the session was resumed with Deputy question, and I am done.

Speaker Eric D. Singson presiding. Thank you, Mr. Speaker.



THE DEPUTY SPEAKER (Rep. Singson, E.). The THE DEPUTY SPEAKER (Rep. Singson, E.). The Sr.

session is resumed. Dep. Majority Leader is recognized.



REP. AQUINO. Thank you, Mr. Speaker. REP. GONZALES (N.). May I ask for the recognition of

After consulting with my colleagues here, again, I just the distinguished Deputy Minority Leader, the Honorable

want to put on record that not only in 2006 did OWWA release Antonino-Custodio.

a big amount to my region. For the record, I do not know who

was the administrator at that time, but, in 2007, Mr. Speaker, THE DEPUTY SPEAKER (Rep. Singson, E.). The

P4,550,000 was again released to the Caraga Region. They Honorable Antonino-Custodio is recognized to interpellate.

cannot say that I am lying because this is on record, and I

have a copy of the COA report. And the CAR had a release of REP. ANTONINO-CUSTODIO. Mr. Speaker, gusto ko

only P500,000; next is the NCR with P1.3 million. Up to now, I lang pong i-congratulate si Congressman Bravo, I think he

still cannot really see the answer why OWWA released such has been standing for about five hours to defend the budget

a big amount of money in my region. I would just like to ask, of the DOLE. However, Mr. Speaker, during the course of the

Mr. Speaker, if they can submit to this Representation the sponsorship and debate, a lot of our colleagues from the

breakdown and maybe they can explain why it happened in minority actually did not get answers right away for things

our region. that should be readily answered by the Sponsor during this

This is in fairness to my colleagues, baka naman sabihin time. However, Mr. Speaker, with the assurance of the Sponsor

nila na ang OWWA ay namimili. Wala po akong alam diyan that most of these requests for the submission of documents,

dahil hindi pa ako Congressman noon. Dito po natin malalaman papers and data will be submitted to the individual

kung ano ang totoo, kung bakit ganoon kalaki ang ni-release? Congressmen from the minority, I hope that indeed all of these

Sana ang bigyan nila ay ang talagang mga nangangailangan, requirements will be submitted to the minority, as a lot of the

hindi ang kailangan sa eleksyon. Because what I can see here questions that were propounded during the deliberations are

is that, it was already election time then. So, Mr. Speaker, I ongoing issues that the minority members will be tackling

hope they will not take it against this Representation who during the rest of the year. I hope I can get that assurance

had asked the good new administrator of the OWWA. Of from the good Sponsor.

MONDAY, OCTOBER 6, 2008 243



REP. BRAVO. We will comply with our commitment, Mr. REP. DEFENSOR (A.). Mr. Speaker, I move that the

Speaker. distinguished Sponsor, the Honorable Bravo, be recognized

to sponsor the budget of the Office of the Secretary of the

REP. ANTONINO-CUSTODIO. Mr. Speaker, may I Department of Labor and Employment, and the distinguished

request for the recognition of our colleague from the Gentleman from Zamboanga del Sur, the Honorable Cerilles,

minority. be recognized for a very brief interpellation.



REP. RODRIGUEZ. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Singson, E.). The

Honorable Bravo is recognized to continue the sponsorship,

THE DEPUTY SPEAKER (Rep. Singson, E.). The and the honorable Congressman of Zamboanga del Sur will

Honorable Rodriguez is recognized. now interpellate.



REP. RODRIGUEZ. On behalf of the minority in the REP. CERILLES. Thank you, Mr. Speaker.

House, with no other interpellations from the minority, I move I am sorry, but I have no intention to delay their budget.

for the termination of the period of sponsorship and debate I listed my name among those who will interpellate, but it

on the budget of the Department of Labor and Employmen, seems that if a Member belongs to the majority coalition, he

with my personal manifestation of support to the entire budget is just ignored and they would just like to close the debate.

of the DOLE, Mr. Speaker. How I envy my friends from the minority for they are given all

the chance to interpellate on the budget of the DOLE.

REP. GONZALES (N.). Mr. Speaker, may we propose an Mr. Speaker, will the distinguished Gentleman allow this

amendment to the motion by terminating all the debates on the Representation to ask a few questions?

proposed budget of the Department of Labor and Employment,

including its attached agencies, except the TESDA. REP. BRAVO. Gladly, Mr. Speaker.



REP. RODRIGUEZ. We accept, and we also join the REP. CERILLES. Thank you, Mr. Speaker.

majority in that particular manifestation and amendment, Mr. Definitely, Mr. Speaker, we need the department to help our

Speaker. country. And I notice in their proposal that they keep on asking

funds for research studies. May I know on what level have we

REP. GONZALES (N.). We, therefore, move, Mr. Speaker. reached as far as labor studies are concerned? They have been

asking for P25 million. I am sure they have some studies there.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? The Chair hears none; the motion is approved. REP. BRAVO. May I hear again the question, please.

(Applause)

REP. CERILLES. Mr. Speaker, they have an Institute for

REP. BRAVO. Thank you, Mr. Speaker. Labor Studies, and I have to ask this question, considering that

there are so many economic forces that would affect our economy.

SUSPENSION OF SESSION So may I know what is the thrust of their labor studies last year,

this coming year and in the previous years? That way, I will

REP. GONZALES (N.). Mr. Speaker, I ask for a few minutes know how to ask the succeeding questions, Mr. Speaker.

suspension of the session.

REP. BRAVO. There are certain studies in the area, let us

THE DEPUTY SPEAKER (Rep. Singson, E.). The say, of policy wherein we conducted a labor market intelligence

session is suspended for a minute. study for the European Union. We also conducted a labor

market intelligence compendium for Australia and New

It was 4:09 p.m. Zealand; studies on decent work for the public sector; Labor

Code reforms; documentation of exit plans and responding

RESUMPTION OF SESSION to displacements and job losses; research towards the

adoption of a green-job strategy; case studies in the

At 4:16 p.m., the session was resumed. automotive sector; and policy advocacy. There are quite a

number, Mr. Speaker.

THE DEPUTY SPEAKER (Rep. Singson, E.). The session

is resumed. REP. CERILLES. I noticed that from the enumeration

The Majority Leader is recognized. of studies that the Gentleman just said.

Mr. Speaker, let me focus on the present Constitution

REP. DEFENSOR (A.). Mr. Speaker, I move that we that we have. As it is, with the limitation of the Constitution

reconsider the termination of the period of debate and that we have, do we expect investment to come, would it be

interpellation on the budget of the Department of Labor and stagnant or is there a need in their studies to look at other

Employment-Office of the Secretary (DOLE-OSEC). countries that will be host to our human resources?



THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any REP. BRAVO. There have been studies conducted

objection? (Silence) The Chair hears none; the motion is towards that effect. And if I may, I would like to confer with

approved. the director of the agency, Mr. Speaker.

244 MONDAY, OCTOBER 6, 2008



Mr. Speaker the Institute for Labor Studies (ILS) had Sponsor’s concern to look at his data. Because if they have

conducted a research on the European and ASEAN labor not looked at it, meaning to say, all the premises and the

markets; Australia and New Zealand; Canada; South America; bases of their money is unfounded, that is the problem there,

and East Asia with regard to the demand and market entry Mr. Speaker.

requirements of these particular areas.

REP. BRAVO. As of now, Mr. Speaker, the only agency

REP. CERILLES. I notice that the tendency of their studies which is the source of data or information that the department

is to look out, meaning, to focus on markets that might employ had been relying on is the NSO and, of course, as well as the

Filipinos. My question is: did they bother to look inside? NEDA.

What is the problem that causes a continuous downgrade of

employment opportunities in the country? REP. CERILLES. Is the Gentleman saying, Mr. Speaker,

that the DOLE does not have any record of all the things that

REP. BRAVO. To address the local employment issues, I have been asking, considering that it is a national agency?

Mr. Speaker, the ILS conducted several activities and among

these are the National Human Resource Conference, the REP. BRAVO. We have the database and that

Future Skills Agenda, and the 2006 National Manpower database is actually linked with the NSO and the NEDA,

Summit wherein there were several presentations made Mr. Speaker.

regarding certain actions taken and certain policies that were

being issued. That is for local employment issues and REP. CERILLES. Did they review the data of the NSO

concerns, Mr. Speaker. and the NEDA in relation to the studies that they are doing in

their department?

REP. CERILLES. Granting that they did look inward,

looking at the present situation and opportunities, do they REP. BRAVO. There was actually proper coordination

expect an uptrend as far as employment is concerned or a and the studies which were conducted by the ILS were based

downtrend since they claim to have studies? on the data gathered from these offices.



REP. BRAVO. Right now, if we will base our statement REP. CERILLES. I am asking this question because the

on the National Statistics Office (NSO) data wherein there is department is asking for P25 million and yet, they cannot

a recorded 7.4 percent unemployment rate compared with categorically answer my question on simple data, even on

previous years which is something like 7.8 or 8 percent, there the trending of employment and also poverty incidence. And

is an increase in the employment rate and a decrease in the they tend to blame other agencies for not supplying them

unemployment rate, Mr. Speaker. with a direct data to their agency. Therefore, if their statement

is accurate and they insist on their answer, what then is the

REP. CERILLES. Does the Gentleman believe that, when basis of all the money that they ae asking from Congress if

the poverty incidence in our country has gone up, it follows they do not have the data?

that there is no employment? There might be some

employment, but it might be an underemployment. Will the SUSPENSION OF SESSION

Gentleman kindly reconcile his insistence that we have an

increase in employment to the increase in poverty incidence. REP. BRAVO. May I request for a one-minute suspension

of the session, Mr. Speaker.

REP. BRAVO. We will verify, Mr. Speaker, because these

data had been furnished by the NSO to the department, and we THE DEPUTY SPEAKER (Rep. Singson, E.). The

have not actually had a chance to compare it with the figures session is suspended for one minute.

by NEDA insofar as the poverty incidence is concerned.

It was 4:33 p.m

REP. CERILLES. Mr. Speaker, that should have been

validated because they are asking for money. For all we know, RESUMPTION OF SESSION

the money that they presented is not enough to come up

with honest-to-goodness studies, and they cannot wait for At 4:37 p.m, the session was resumed.

another year when the poverty incidence is increasing and it

follows that unemployment is also increasing. These could THE DEPUTY SPEAKER (Rep. Singson , E.). The

have been validated so that we can change the figures. That session is resumed.

is why we have to scrutinize the budget so that if the money

allocated is just minimal and there is a need to really add more REP. CRISOLOGO. Mr. Speaker, before we resume the

money to it, then we can make some adjustments. That is the discussions on the budget of the DOLE, may I be allowed to

reason I am asking this question. acknowledge the Federation of Senior Citizens Associations

of the Philippines–NCR headed by its President, Mr. Jorge

REP. BRAVO. We will seriously consider the suggestion L. Banal.

of the Gentleman.

THE DEPUTY SPEAKER (Rep. Singson, E.). The

REP. CERILLES. It is not for the department to seriously members of the Federation of Senior Citizens Associations

consider my concern. As a matter of fact, it should be the of the Philippines will please rise.

MONDAY, OCTOBER 6, 2008 245



REP. CRISOLOGO. They are here to express their can own land in this country, and when the Americans can

sincere appreciation and thanks to Congress for having practice their profession. If we will look at our index, the

passed the bill exempting senior citizens from the imposition Gentleman will agree with this Representation that the

of the 12 percent value-added tax (VAT). employment rate was the highest then compared to today.

Does he agree to that premise, Mr. Speaker?

THE DEPUTY SPEAKER (Rep. Singson, E.). Welcome

to the House of Representatives, senior citizens of the REP. BRAVO. Yes, Mr. Speaker.

Philippines! (Applause)

The Majority Leader is recognized. REP. CERILLES. What I am trying to say here is why

do we not look at our Constitution? What is bugging us? What

REP. DEFENSOR (A.). Mr. Speaker, I move that we is keeping our country on a stalemate, and we tend to look

resume consideration of the budget of the DOLE-Office of outside for employment? Usually, the price of one party in a

the Secretary. family getting out and only seeing the wife or husband once

in two years or once in three years is very damaging as far as

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there the integrity of the family is concerned. That is why I am

any objection? (Silence) The Chair hears none; the motion is asking this question.

approved. For example, we say that there would be an advantage if

We will continue with the deliberation. The Honorable foreigners will be allowed to own lands in this country based

Cerilles will now continue with his interpellation. on their studies, then we will look at it. If they will say that

the sharing in the corporation is a disadvantage to foreign

REP. CERILLES. Thank you, Mr. Speaker. investment in the country, then we will look at it. We might

I was expecting, Mr. Speaker, that when they have a study even remove the 60:40 sharing in our corporation laws which

in relation to employment, they look at all possibilities that is mandated in our Constitution and also the right to own

would affect the trending in the area of employment. As a lands by foreigners. If that can help us have more employment

matter of fact, I was expecting the distinguished Gentleman opportunities, if that can help for investors to come to the

from Masbate to tell me that they have anticipated the Philippines, then please include that in your studies. That is

economic crisis in the US in their internal studies. So I would what I am trying to arrive at.

be asking further questions which might be hypothetical, but

it have something to do with our internal employment. Every REP. BRAVO. We will, Mr. Speaker. In fact, we are very

year, I notice, Mr. Speaker, that we look outside. We look at thankful to the Gentleman from Zamboanga del Sur.

employment opportunities in the Middle East, in the ASEAN,

in the European Economic Community, in other areas and REP. CERILLES. And if the P25 million is not enough,

yet, we do not have any study looking at our strength. We tell us so that we can remove some money from other

keep on looking outside. So I am asking the department this departments, so that we can have more employment

question. If they are not prepared today, in the next study, opportunities in your studies, Mr. Speaker. Let me go to one

they look at the kind of opportunities from within. Do they specific point. Why is National Maritime Polytechnic under

have that kind of study, Mr. Speaker? the Department of Labor?



REP. BRAVO. I would like to enumerate certain REP. BRAVO. It is actually the single, the sole

accomplishments of the ILS insofar as their mandate is concerned. government institution in charge with the upgrading of the

skills of our seafarers, and that this is being closely monitored

REP. CERILLES. Mr. Speaker, I know the accomplishments by the DOLE to keep up with the international standards, Mr.

of the department. There are so many accomplishments, in Speaker.

fairness to the leadership of the department. That is why my

question is focused on studies. Please, let us confine our REP. CERILLES. Mr. Speaker, is this not a state

debate on the studies. college?

Have they considered the present Constitution as being

pro-labor, pro-employment opportunities or not? What do REP. BRAVO. It is a competency upgrading institution,

they think of some economic provisions of the present a training facility for seafarers.

Constitution, on whether these would be good for the young

Filipinos or not? They have to tell us that in their studies, to REP. CERILLES. So it enhances the capability of our

guide Congress in what we should do to help our kababayan, seafarers. Is that correct, Mr. Speaker?

Mr. Speaker.

REP. BRAVO. Yes, Mr. Speaker.

REP. BRAVO. We have actually conducted several

studies in response to the different problems and issues. REP. CERILLES. Where is this located?

However, we cannot state categorically that these particular

studies were in response to some constitutional provisions, REP. BRAVO. In Leyte, Mr. Speaker.

Mr. Speaker.

REP. CERILLES. Where in Leyte?

REP. CERILLES. Let me go back to the years when we

had the Parity Rights, during the time when the Americans REP. BRAVO. In Tacloban City, Mr. Speaker.

246 MONDAY, OCTOBER 6, 2008



REP. CERILLES. In Tacloban City. If one is from Mindanao, some colleges of arts and trades. Is not a college of arts and

it is hard for him to go to Leyte. Why do they not also think trades under the CHED, Mr. Speaker?

of putting one up in Mindanao and one in Luzon, so that the

people in Luzon need not go to Leyte and the people of REP. BRAVO. Come again, please, Mr. Speaker?

Mindanao need not go to Visayas? And if they can put up as

many in the entire country, the better; interplay these with REP. CERILLES. Will the Secretary kindly repeat my

the college of arts and trades which is under DOLE. Will they question.

consider that, Mr. Speaker?

SUSPENSION OF SESSION

REP. BRAVO. Yes, Mr. Speaker. But insofar as the

present NMP is concerned, this is a grant by the Japan THE DEPUTY SPEAKER (Rep. Singson, E.). The

International Cooperation Agency (JICA). This is where the session is suspended for one minute.

funds in the construction and establishment of this institution

came from. It was 4:50 p.m.



REP. CERILLES. Mr. Speaker, I do not think the answer RESUMPTION OF SESSION

is accurate. It does not reflect any grant here. As a matter of

fact, we cannot use a grant for salaries and operations. Please At 4:51 p.m., the session was resumed.

look at page 526. It would tell us that it is not a grant. Will he

still insist that it is a grant? THE DEPUTY SPEAKER (Rep. Singson, E.). The

session is resumed.

REP. BRAVO. Mr. Speaker, the initial equipment actually

utilized in this... REP. CERILLES. Mr. Speaker.



REP. CERILLES. The Gentleman is referring to the THE DEPUTY SPEAKER (Rep. Singson, E.). The

equipment, Mr. Speaker. Honorable Cerilles is recognized.



REP. BRAVO. ...was, in 1986, subject of a JICA grant. REP. CERILLES. For the sake of the Sponsor, Mr.

Speaker, I will repeat or rephrase my question. Why are there

REP. CERILLES. Yes, in 1986, the equipments were grants. schools of arts and trades still retained by the department, but

there are schools of arts and trades that have been transferred

REP. BRAVO. I stand corrected, Mr. Speaker. to the CHED-supervised schools or lumped with the state

colleges and universities? I noticed in my province, as a matter

REP. CERILLES. It is all recorded, Mr. Speaker. of fact, on page 540, line 15, the entry is wrong. This is not the

Because if we insist that it is a grant, then we have to delete it province of Zamboanga del Sur but Zamboanga Sibugay,

from the proposed appropriations measure. because Kabasalan is part of Zamboanga Sibugay. So

effectively in the province of Zamboanga del Sur, the only

REP. BRAVO. I stand corrected, Mr. Speaker. college of arts and trades was lumped with a state college.

Unlike in the province of Marinduque, two schools of arts and

REP. CERILLES. So do I get the assurance from the trades, namely, Buyabod School of Arts and Trades and Torrijos

leadership of the department that they would look for grants School of Arts and Trades, are still retained by the DOLE.

so that other facilities can also be established throughout I do not know why some are retained, some are kicked

the country and that not only the people from Leyte, under out, and some are lumped with other state colleges and

the leadership of Congresswoman Apostol, would be universities.

enhanced to become world-class seafarers?

REP. BRAVO. I believe, Mr. Speaker, that this is a matter

REP. BRAVO. Absolutely, Mr. Speaker. between TESDA and…



REP. CERILLES. Meaning, in the next year’s budget, they REP. CERILLES. Will he kindly speak louder. Please

will include such a proposal? use the microphone.



REP. BRAVO. We will, Mr. Speaker. REP. BRAVO. Mr. Speaker, I believe that this is a matter

between the TESDA and the CHED.

REP. CERILLES. Is the Gentleman sure about that?

Kindly talk to the Secretary. REP. CERILLES. Is the Gentleman saying that Congress

cannot ask the sponsoring department as to why it is there

REP. BRAVO. Yes, Mr. Speaker. and why it is not there and why it is still there. Does he mean

it is not within the power of Congress to ask those questions?

REP. CERILLES. Make that on record, Mr. Speaker, that The power to appropriate rests with Congress, Mr. Speaker.

the subcommittee chairman was able to get the go-signal

from the Secretary himself. REP. BRAVO. It is so unfortunate, Mr. Speaker, that the

Mr. Speaker, I am wondering why we are still clinging to TESDA is not…

MONDAY, OCTOBER 6, 2008 247



REP. CERILLES. So I move for the suspension of the SUSPENSION OF SESSION

deliberation of the budget until I will be informed honestly

by the department. REP. DEFENSOR, (A.). Mr. Speaker, I move for a one-

minute suspension of the session.

REP. BRAVO. Mr. Speaker, the budget proposal of the

TESDA will be tackled tomorrow. THE DEPUTY SPEAKER (Rep. Singson, E.). The

session is suspended for one minute.

REP. CERILLES. This is a general question. My question

is simple: Why are some schools of arts and trades lumped It was 5:03 p.m.

with the CHED-supervised schools and some are retained. I

just would like to know the policy behind it. The Sponsor will RESUMPTION OF SESSION

please not push me to another department.

At 5:05 p.m., the session was resumed.

REP. BRAVO. I ask for a one-minute suspension of the

session, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Singson, E.). The

session is resumed.

REP. CERILLES. Hindi. Ano ba naman kayo, hindi mo The Majority Leader is recognized.

pa ako sinasagot eh.

REP. DEFENSOR, (A.). Mr. Speaker, before we resume

SUSPENSION OF SESSION consideration on the budget, may I request that the

distinguished Gentleman from Bayan Muna, the Honorable

THE DEPUTY SPEAKER (Rep. Singson, E.). The session Satur Ocampo, be recognized for a very brief manifestation.

is suspended for one minute.

THE DEPUTY SPEAKER (Rep. Singson, E.). The

It was 4:55 p.m. Honorable Satur Ocampo is recognized.



RESUMPTION OF SESSION REP. OCAMPO. Thank you, Mr. Speaker.

I rise to salute the everyday heroes of the world who

At 5:00 p.m., the session was resumed. play vital roles in shaping every country’s citizenry. The gifts

of literacy, knowledge and moral rectitude are passed on from

THE DEPUTY SPEAKER (Rep. Singson, E.). The one generation to the next because of them.

session is resumed. Yesterday, October 5, marked World Teachers’ Day, a

celebration that began 40 years ago to commemorate the

REP. CERILLES. Mr. Speaker. signing of the United Nations Educational, Scientific and

Cultural Organization—International Labor Organization

THE DEPUTY SPEAKER (Rep. Singson, E.). Yes, the Recommendation concerning the Status of Teachers in 1966.

Honorable Cerilles is recognized. More than 100 countries now celebrate World Teachers’ Day.

This year’s theme, Mr. Speaker, “Teachers Matter!” aptly

REP. CERILLES. I was informed by no less than the Secretary gives due recognition to the teachers’ “enormous contribution

himself that the TESDA looks like an attached agency of the to learning and social development,” as put by the joint

department but actually in operation, it is separate and statement of the United Nations Educational, Scientific and

autonomous from the DOLE. And they are not in a position to Cultural Organization(UNESCO), International Labor

answer the rationale why there are schools retained by the Organization (ILO), United Nations Development Program

TESDA while others have been absorbed by the CHED- (UNDP) and United Nations Children’s Fund (UNICEF)

supervised institutions. Surely, Mr. Speaker, the Secretary himself yesterday.

promised to come out with more thorough studies looking at Teachers do matter. Their noble profession as educators

how the Constitution can strengthen employment opportunities is significant in shaping society and a country’s soul.

in our country; and also to study carefully all the indices, whether But, as we honor them, we must focus on the plight of

here or abroad, with regard to employment opportunities. our teachers. Last week, two of our distinguished colleagues,

I would like to thank the distinguished Gentleman from Gabriela Women’s Party Representative Luzviminda Ilagan,

Masbate for this opportunity. Thank you, Mr. Speaker. herself an educator, and Bukidnon Representative Teofisto

Guingona III, took the floor to press for a substantial increase

THE DEPUTY SPEAKER (Rep. Singson, E.). The in teachers’ salaries as a matter of right on their part and as a

Majority Leader is recognized. matter of respect for the teaching profession on our part. I

join their call because our teachers have long been denied

REP. DEFENSOR, (A.). Mr. Speaker, I move that we what is due them.

terminate the period of sponsorship and debate on the budget Most of the half-million public school teachers in the

of the DOLE-OSEC. country, 479,893 to be exact, belong to Salary Grade 10 with a

monthly pay of P12,063. They need to be raised to Salary

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there Grade 20 in view of the rising cost of living, particularly the

any objection? (Silence) The Chair hears none; the motion is current economic crisis seizing the world. The 10-percent

approved. salary increase given to them last July 23 was not enough.

248 MONDAY, OCTOBER 6, 2008



This is because the cost of living for a family of six in Metro Women’s Party believe that they deserve to have a day

Manila, as of August 2008, was already P911 a day or P20,042 dedicated to remembering their great sacrifices and their

a month. The 10-percent hike, therefore, leaves a salary gap heroic deeds, there is a more urgent and pressing matter

of P8,016. concerning our teachers that needs to be immediately

Members of the Alliance of Concerned Teachers (ACT), addressed.

a national organization of patriotic and progressive teachers, Last September 15, I brought to this House the situation

are here in the gallery today, for the second time, to lobby for of our teachers who, by necessity and not by choice, are forced

the immediate passage of a legislation that will grant them by circumstances to migrate to foreign countries and teach

immediate economic relief and, if I may add, distinguished foreign people. At the bottom of all these circumstances is

colleagues, to give them peace of mind. poverty, reinforced by the very low salary teachers receive

There are at least three measures pending before this monthly.

Chamber to address the teachers’ very just demands. The first Gabriela Women’s Party supports the call of all our public

is House Bill No. 4734, entitled: “An Act Providing for school teachers, as echoed by our dear colleague Bayan Muna

Additional Compensation for Public School Teachers,” Representative Satur Ocampo today, for an upgrade of their

principally authored by Representative Luzviminda Ilagan salaries from Salary Grade 10 to Salary Grade 20 in the Salary

and the other Representatives of Gabriela Women’s Party, Standardization Law, as suggested by House Bill No. 4734,

Bayan Muna and Anakpawis. The bill seeks a P9,000-hike in entitled: AN ACT PROVIDING FOR ADDITIONAL

the monthly salary of public school teachers to be carried out COMPENSATION FOR PUBLIC SCHOOL TEACHERS.

in yearly P3,000 increase over the next three years. This additional compensation will improve not only the

The second is House Bill No. 4380 on Additional Support quality of life of our teachers, who are among the poorest in

and Compensation for Teachers in Basic Education, authored the country and whose standard minimum income of P10,933

by Reps. Guingona, Cynthia Villar and Laarni Cayetano. is among the lowest and far below the recommended family

And the third is House Joint Resolution No. 24, living wage of P19,404. This additional compensation, Mr.

presented by the very Speaker of the House, Prospero Speaker, will also help improve the quality of life of the

Nograles, “Urging the President of the Philippines to Modify Filipino people in general.

the Compensation and Position Classification System of the By raising their standard of living, our teachers will no

Government,” to be implemented initially on July 1, 2009, and longer be attracted to the prospect of working as teachers or

authorizing amendments to existing laws, which is known as even domestic workers and caregivers in the Middle East or

the Salary Standardization Law Phase Three or SSL 3. in Europe, leaving our country to cope with a shortage of

Mr. Speaker, we welcome all moves to address our teachers who are supposed to teach our next generation of

teachers’ just and legitimate demand for a salary increase, but leaders. It will prevent the further deterioration of the quality

we must emphasize that this should be rightfully hinged on of our education.

recognizing the fundamental difference between the economic Mr. Speaker, I repeat Gabriela Women’s Party’s call: Let

needs of those at the basic level from Salary Grades 1 to 9, from us uphold our public school teachers’ dignity and status

those in the upper level Salary Grades 26 to 33. Those who by providing higher salaries and ensuring professional

currently receive less are the most ravaged by the rising prices growth and improving the quality of their lives as the

of basic commodities and services and should therefore benefit moulders of our young and the holders of the world’s noblest

more from any legislative action on salary increase. profession!

Mr. Speaker, I urge this Congress to prioritize the Thank you, Mr. Speaker.

immediate passage of legislation that will provide immediate

economic relief to our overworked yet underpaid teachers or THE DEPUTY SPEAKER (Rep. Singson, E.). The

else, we shall continue to lose professionals, including our Majority Leader is recognized.

teachers, to the lure of a much better pay in foreign shores.

ACT pegs the shortage of public school teachers in the REP. DEFENSOR (A.). Mr. Speaker, I move that we

country at almost 40,000 now. We cannot afford to lose more resume consideration of the budget of the Republic of the

of these noble professionals to the detriment of our youths Philippines.

and the nation itself.

Thank you, Mr. Speaker, distinguished colleagues. THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

(Applause) any objection? (Silence) The Chair hears none; the motion is

approved.

THE DEPUTY SPEAKER (Rep. Singson, E.). The Majority

Leader is recognized. REP. DEFENSOR (A.). Mr. Speaker, I move that we

take up the budget of the Department of Foreign Affairs (DFA),

REP. DEFENSOR (A.). May we request that the and that the distinguished Gentleman from Batangas, the

distinguished Lady from Gabriela be recognized. Honorable Hermilando I. Mandanas, be recognized for his

opening statement and to sponsor the DFA budget.

REP. ILAGAN. Thank you, Majority Floor Leader.

Mr. Speaker, colleagues, allow me to make this THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

manifestation on behalf of Gabriela Women’s Party. objection? (Silence) The Chair hears none; the motion is

Yesterday, we paid tribute to the “shapers” of the future approved.

of our world—our teachers. This is because October 5 is The Honorable Mandanas is recognized to sponsor the

World Teachers’ Day. While this Representation and Gabriela DFA budget.

MONDAY, OCTOBER 6, 2008 249



REP. DEFENSOR (A.). Mr. Speaker, I move that the last December, alternative four which includes the Kalayaan

distinguished Gentleman from Cagayan de Oro, the Island Group and the Scarborough Shoal as part of the

Honorable Rufus B. Rodriguez, be recognized for his baseline and, which to me and to the Members of this House,

interpellation. has already proved to be the best alternative, and not

alternative two where will only be limited to the regime of

THE DEPUTY SPEAKER (Rep. Singson, E.). The islands? May we know whether the DFA is now officially

Honorable Rufus Rodriguez is recognized to interpellate the saying that we are going to adopt alternative two over the

Sponsor. decision of the House to adopt alternative four.



REP. MANDANAS. Mr. Speaker, before the REP. MANDANAS. Mr. Speaker, as far as the department

interpellation of my distinguished colleague, may I inform is concerned, of course, it is going to be the suggestion that

the Body of the presence of the dedicated men and women of is being presented. The National Mapping and Resource

the Department of Foreign Affairs, headed no less by the Information Authority (NAMRIA) is now conducting all the

honorable Secretary Alberto Romulo, our former Executive scientific and technical studies so that we will be set to submit

Secretary, former Secretary of Budget and, of course, former this before the deadline, which I believe is on May 13, 2009.

Senator and Chairman of the Senate Budget Committee. The two other groups of islands outside of the regime, would

Thank you very much, Mr. Speaker. of course, be part of the Philippines, but not within just one

delineation, but in effect, there will be three under alternative

THE DEPUTY SPEAKER (Rep. Singson, E.). The two, Mr. Speaker.

Honorable Rodriguez may now proceed.

REP. RODRIGUEZ. May 31, 2009 is just really about

REP. RODRIGUEZ. Mr. Speaker, we will have the seven to eight months from today, and is there an assurance

deadline for the submission of our claim for exclusive that we will be able to pass this bill? What is the effect, Mr.

economic zone, and this can be brought about only if we have Speaker, if Congress is unable to pass a bill, whether

a baseline law. May we know what is the action plan of the alternative two or alternative four?

DFA in relation to the deadline of the United Nations

Convention on the Law of the Sea (UNCLOS) in relation to REP. MANDANAS. Mr. Speaker, now is October 6. I

our claim for exclusive economic zone. think we do not yet want to imagine the consequences if we

will not be able to, but definitely, our Department of Foreign

REP. MANDANAS. Mr. Speaker, our department, being Affairs is committed to be able to submit that within the

concerned with our national interest, is committed of course deadline.

to submit within the deadline set.

REP. RODRIGUEZ. Mr. Speaker, this Representation

REP. RODRIGUEZ. Mr. Speaker, how can we submit is concerned, we are concerned about the fact that we might

when we have no bill yet and we have no law that has been run out of time because there seems to be an impasse. In the

passed? That will be the basis for the exclusive economic House, the Second Reading of the alternative four was

zone. approved in December last year; it is already October and

yet, there is no movement for that. Is DFA not concerned

REP. MANDANAS. As far as the department, Mr. Speaker, about the situation that is now obtaining in relation to the

is concerned, they already have the alternative which they Baseline Bill?

are ready to submit, the alternative scheme that is being

suggested. REP. MANDANAS. Mr. Speaker, I personally also share

the concern of our distinguished colleague, and I know that

REP. RODRIGUEZ. Mr. Speaker, what is the alternative we both have trust and confidence in the capability of our

suggested by the DFA? Department of Foreign Affairs. So, I am certain that our DFA

will be able to stand up to the challenge and be able to submit,

REP. MANDANAS. They call it, Mr. Speaker, the second but nevertheless, I would like to underscore that I share the

alternative, wherein the Kalayaan and the Scarborough will concern of our colleague, and I myself also, standing for their

have their own areas separate from the coastline delineated budget, will ascertain follow-ups with regard to this matter,

for the rest of the Philippines. Mr. Speaker.



REP. RODRIGUEZ. Is the Gentleman referring to the REP. RODRIGUEZ. Mr. Speaker, the House of

regime of islands? Representatives should now move in either approving the

Baseline Bill as approved in the Second Reading, or rejecting

REP. MANDANAS. The regime of islands. it so that a new bill may come in. But we cannot have an

impasse wherein we have a bill approved on Second Reading

REP. RODRIGUEZ. Alternative two would now exclude last December, and then everything is hanging even up to

in the baselines, the KIG or the Kalayaan Island Group or now. And so, if the administration would not wish that bill to

Spratlys and the Scarborough Shoal or Baja de Masinloc. be approved on Third Reading, then a vote should already

Now, has that been the decision made already by the DFA? Is be conducted. So that if it is disapproved, then we go back to

that the decision despite the fact that the House of square one. We go to a process of approving alternative two;

Representatives has already approved on Second Reading, or we must already vote. And if the voting would be for

250 MONDAY, OCTOBER 6, 2008



approval, then that is the House of Representatives bill which This announcement came five months ago. I would like to

will still be brought to the Senate, or to be ironed out in a see and hear concrete actions now.

bicameral committee. I am afraid, Mr. Speaker, that if there is

no action on the bill already approved on Second Reading, REP. MANDANAS. One of the concrete actions, Mr.

our time may lapse. We may not be able to fulfill and file Speaker, in addition to the increase in budget for the legal

within the deadline. Since we are an archipelagic nation, we fees, is the increase also in the number of personnel that

are governed by the rules of the UNCLOS and therefore, we would attend to it. As we know, the DFA has more non-

will not be able to come out and bring our position. So, I am permanent personnel because there had been no new items

concerned about that, Mr. Speaker. granted to the DFA. So, one of the concrete things which

also was discussed in the subcommittee and the Committee

REP. MANDANAS. Mr. Speaker, I will go with the point on Appropriations, Mr. Speaker, is to request that 1,000 new

of view of my distinguished colleague that, as soon as we items be included. These people are career and they have

resume session, probably after the deliberation on the budget, been working already. They are all Civil Service eligibles. But

that we really act on that particular bill. the last time that the DFA was given items, only 40 items in

2004 were approved. So, one of the concrete actions is the

REP. RODRIGUEZ. Thank you, Mr. Speaker. deployment of more qualified DFA personnel, giving them

On the second point, on our Filipinos in the European security by giving them regular items so that more will be

community, there has been a pronouncement by European able to work to precisely help the undocumented Filipinos,

nations/governments that they will be hard on our Mr. Speaker. That is one of the specifics, help to regularize

undocumented Filipinos. They are going to be arrested, their presence in those European countries, Mr. Speaker.

detained and deported. What is the action plan of the DFA in

relation to undocumented Filipinos which run to thousands REP. RODRIGUEZ. Mr. Speaker, still, I was not able to

in Europe as the European countries have already announced get what concrete actions they have in relation to Filipinos

a hard-line policy on undocumented Filipinos? who are now there. These are requests for budgetary, for

1,000 additional people, but what is the department doing so

REP. MANDANAS. Mr. Speaker, that is the reason our that this particular policy will not be implemented? So I would

DFA has included, as one of its three pillars, the protection of like to know that. First, I would also like to know what is

Filipinos overseas, including, of course, the undocumented. now the present status of this pronouncement? Have there

Definitely, they are preparing for it and that is the reason that, been now large numbers of Filipinos arrested in Europe

even in the present budget and during the meetings in the because of this policy and what is the DFA doing about this?

Appropriations Committee and also in the subcommittee, we

have decided to recommend the retention of a bigger amount REP. MANDANAS. Mr. Speaker, for the present status,

from their consular income. Instead of just 10 percent, we actually, the policy has not yet been implemented. However,

made it 25 percent, Mr. Speaker, so that we will be able to our DFA, as I mentioned, does not only monitor, does not

increase our assistance to our nationals and also, for the only consult, but it has already provided also more people

legal assistance that might be needed because we really have and is asking for more budget to support this.

to address this issue. Nevertheless, as we all know, the law or the legislation for

the implementation of the policy, which was mentioned by

REP. RODRIGUEZ. Mr. Speaker, I am asking for my honorable colleague, is actually not yet implemented

concrete plans and actions on what should be done to our and probably, will not be implemented for the next six

Filipinos in the European Community of countries. I am afraid months. But we do not want to wait for that. We have been

that if we do not have concrete actions, we will see a situation working on that. We see how they could be regularized

where many Filipinos will be arrested and detained in these and thus really determine more concrete action, Mr.

countries. I would like to see and hear concrete actions from Speaker.

the DFA to address this problem as already announced by the

European countries. REP. RODRIGUEZ. Mr. Speaker, may we know when

the implementation of this policy will be made by these

REP. MANDANAS. Mr. Speaker, our DFA has been, is countries? So that we will all know. Is it by the end of

and will continue to monitor all the pronouncements. As a December? I understand that after this year, there will be

matter of fact, not only in Europe, because we know even in arrest and detention of all undocumented Filipinos in

our neighboring Sabah, the same is being done. There have Europe.

been really very intensive monitoring and definite courses of

action that have to be taken and definitely, the details thereat REP. MANDANAS. Mr. Speaker, this would really be,

the DFA can provide to my distinguished colleague. This is as I was mentioning, domestic legislation. And domestic

also done in consultation with other agencies, not only with legislation, I believe, is not any faster than us. So, I would

the OWWA, POEA, but even with, let us say, in Mindanao, say that it would take not earlier than six months and probably,

the Department of Social Welfare (DSWD). In other words, more towards two years, the estimate of those who are

there is a continuing interagency consultation that is part of monitoring in the DFA. But as I said, let that not be a hindrance.

the program, Mr. Speaker. And they have not been being complacent, Mr. Speaker. That

is why as I have said, they have already forwarded to the

REP. RODRIGUEZ. Mr. Speaker, monitoring is not Committee on Appropriations in our earlier hearings, an

sufficient to protect our Filipinos abroad, especially in Europe. increase in the budget and personnel, Mr. Speaker.

MONDAY, OCTOBER 6, 2008 251



REP. RODRIGUEZ. Mr. Speaker, this will not be a matter REP. AGBAYANI. I move that we suspend the

of legislation in the European countries. All countries have consideration of the budget of the DFA for the meantime, and

immigration laws. When a person extends his stay, he is I ask that the Honorable Mujiv S. Hataman be recognized for

undocumented. He is an illegal alien. He can be arrested. So a manifestation.

anytime, these European nations can already arrest and

detain them because that is the power of a sovereign. An THE DEPUTY SPEAKER (Rep. Singson, E.). There is

alien in a country, who has already passed his allowed visa a motion to suspend the consideration of the budget of the

stay, more so, if the entry is illegal from the very start, will Department of Foreign Affairs.

be arrested and will be deported. May we know now the Is there any objection? (Silence) The Chair hears none;

concrete actions being done by DFA to prevent the the motion is approved.

immediate arrest and detention of our Filipinos abroad. We

do not want a situation where there will already be many REP. HATAMAN. Mr. Speaker.

arrests and then, that is the time we respond. May we know,

Mr. Speaker. THE DEPUTY SPEAKER (Rep. Singson, E.). The

Honorable Hataman is recognized.

REP. MANDANAS. Mr. Speaker, the Gentleman is

correct with regard to this particular issue, and that is the REP. HATAMAN. Mr. Speaker, this Representation

reason that certain actions are being done. Some of these wishes to rise on a matter of personal and collective privilege.

actions were successful in some cases in Europe. One is

working for amnesty with regard to certain areas and using, THE DEPUTY SPEAKER (Rep. Singson, E.). He may

for example, the lack of people thereat that they could employ proceed.

as one of the reasons. Even in Belguim, there was already

amnesty and so, that is also one of the areas being explored, QUESTION OF PRIVILEGE OF REP. HATAMAN

Mr. Speaker. But, of course, it is not only there that these

actions are being done because the issue and the law, as REP. HATAMAN. This is on the alleged escape of the

mentioned, is not only in Europe but in other places. That is Batasan bombing suspect, Ikram Indama.

why even domestically, Mr. Speaker, the DFA is not only Magandang hapon po sa ating lahat. Assalamu alaikum

monitoring, but also coordinating with the other departments Warahmatullahi taala wabarakatuhu!

because there could be Filipinos also going out without Hindi pa po lumipas ang isang taon mula nang maganap

documents. They are also being considered. ang trahedyang pagsabog dito sa Batasan, kung saan ilan sa

ating mga kasamahan ang nasawi at mahigit 10 ang sugatan

REP. RODRIGUEZ. Mr. Speaker, I have not really seen kasama na ang ating mga kasama sa Kongreso.

what our government is doing on this. For this, I move to Hindi man po ako tinamaan o nasugatan, isa rin po ako,

defer the budget of the DFA unless I get a concrete plan on kasama ang aking pamilya sa naging biktima ng pagsabog na

how we support Filipinos in Europe. iyon. Wala man akong tinamong sugat, habang buhay ko nang

dadalhin ang paratang na ako ay may kinalaman sa karumal-

REP. AGBAYANI. Mr. Speaker. dumal na pangyayaring iyon. Sa kabila ng desisyon o

kapasyahan ng Department of Justice (DOJ) na naglinis sa

THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor aking pangalan, habang buhay nang nakakabit sa aking

Leader is recognized. pangalan at sa pangalan ng aking mga anak ang mga

kasinungalingang ipinataw sa akin.

SUSPENSION OF SESSION Ngunit sa kabila ng lahat, pilit po kaming namumuhay

nang normal dala ang malinis na konsensya at tiwalang

REP. AGBAYANI. I move to suspend the session for a kailanman ay hindi manananaig ang kasamaan sa kabutihan.

few minutes. Kaya kaninang tanghali, G. Ispiker at mga kasama, nagulat

na lamang po ako nang tumawag ang aking maybahay habang

THE DEPUTY SPEAKER (Rep. Singson, E.). The session nagpupulong sa opisina ni Speaker at sinabing may mga

is suspended for a few minutes. miyembro ng CIDG o Criminal Investigation and Detection

Group sa bahay at hinahanap sa amin ang isang Ikram Indama.

It was 5:35 p.m. Si Ikram Indama ang pangunahing suspect sa naganap

na pagsabog at siya rin ang nag-iisang tumestigo laban sa

RESUMPTION OF SESSION akin sa pamamagitan ng iba’t ibang at pabagu-bagong mga

salaysay, na ayon sa DOJ ay pawang mga kasinungalingan.

At 5:38 p.m, the session was resumed. Kaya’t ngayon na diumano ay nawawala si Ikram Indama,

hindi namin maintindihan kung bakit sa aming tahanan siya

THE DEPUTY SPEAKER (Rep. Singson, E.). The hinahanap. Isang kriminal na ginawang state witness laban

session is resumed. sa akin, ngayon ay nawawala at pagkatapos ay hahanapin sa

akin. Hahanapin sa aking asawa na walang ibang kasama sa

REP. AGBAYANI. Mr. Speaker. bahay kundi ang dalawa kong anak.

Mga kasama, kahit po sa kainitan ng imbestigasyon

THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor noong ilang araw pagkatapos ng pagsabog, kailanman ay

Leader is recognized. hindi sumugod o kumatok man lamang ang CIDG sa aming

252 MONDAY, OCTOBER 6, 2008



tahanan maliban lang sa umaaligid ngayon lang. Kung kailan DILG because it is the Philippine National Police (PNP) that

matagal nang nasa kustodiya nila itong Ikram Indama, kung was responsible for this lack of due process, this lack of

kailan napatunayan na ng DOJ na wala akong kinalaman, institutional courtesy, this lack of basic consideration for the

kung kailan unti-unti na kaming bumabalik sa isang normal peace of mind of a family and of our colleague.

na pamumuhay, heto at muli nila kaming binubulabog. Thank you, Mr. Speaker.

Kinausap ko ang isa sa kanila sa pamamagitan ng cellular

phone at tinanong ko kung bakit sila nandoon, ang sagot ay REP. OCAMPO. Mr. Speaker.

“matter of procedure” daw lamang. Paulit-ulit po silang

tinanong ng aking asawa kung bakit sa amin nila hinahanap THE DEPUTY SPEAKER (Rep. Singson, E.). The

si Ikram Indama, ang sabi raw po ay nakalagay ang aming Honorable Ocampo is recognized.

address sa record nito. Tinanong po niya kung ano ang

nakalagay, kung nakalagay ba ito as “residence” o “near his REP. OCAMPO. I wish to manifest my sympathy and

residence” o anuman, hindi po nila masagot. Ang paulit-ulit support to our colleague, Congressman Mujiv Hataman,

nilang sagot ay “reference” na naman. and to urge this House to call the attention of the new PNP

Kung anuman ang ibig sabihin ng reference na ito, hindi chief who used to be the CIDG chief. There seems to be a

namin maintindihan. Isa lamang ang malinaw sa amin ngayon– lot of illegal or off-way activities or behavior of the

muli na namang nabulabog ang katahimikan ng aking pamilya. leadership and the personnel of the CIDG. This

Hindi po bababa sa 10 ang pumunta sa aming bahay kanina. Representation, along with our distinguished colleagues

May mga sasakyan, may mga motorsiklo. Kung ano ang mga Liza Maza, Teddy Casiño, Rafael Mariano and our departed

kagamitang dala nila, hindi po namin alam at hindi rin po alam colleague, Crispin Beltran, had been a victim of this CIDG

ng aking pamilya. Pinagkakatok po nang malakas ang aming in being heaped with a very serious crime of rebellion, but

gate, pinagtanungan ang ibang mga bahay, parang unable to prove it with a stack of documents as evidence.

nagtatanong kung sino ang kriminal. Nang harapin po sila ng It looks like they are always on a fishing expedition to pin

aking asawa, halos matunaw raw ito sa hiya dahil down anybody they fancy as an enemy of the State or as

pinagtitinginan sila ng mga kapitbahay. a criminal. So this is a particular appeal because there has

Hindi po kami humihingi ng awa o simpatiya. Ngunit, sa just been a change of leadership in the PNP and the new

lahat ng pinagdaanan namin, hindi na po kami bulag sa PNP chief, who used to be the head of the CIDG, should

katotohanang madali para sa iba ang gumawa ng kuwento at discipline his men in the CIDG. I would recommend that

manira ng kapwa. Sa nangyaring ito, sa pagkawala ng the House itself, on behalf of our colleague who has been

pangunahing suspect na si Ikram Indama mula mismo sa cleared previously by the DOJ on the accusation of

kustodiya ng CIDG, sa loob mismo ng Camp Crame, complicity in the bombing, that we protest the disturbance

nananawagan kami ng isang masusing imbestigasyon at that has been visited on the family of Congressman

agarang paghuli sa kaniya, hindi lamang para sa seguridad Hataman which is unjust and unnecessary.

ng aking pamilya kundi alang-alang sa katarungan at sa Thank you, Mr. Speaker.

sambayanan.

Sana, Mr. Speaker at mga kasama, ay hindi matulad kay REP. VILLANUEVA. Mr. Speaker.

Al Gozhi si Ikram Indama.

Maraming salamat po. THE DEPUTY SPEAKER (Rep. Singson, E.). The

Honorable Villanueva is recognized.

REP. HONTIVEROS-BARAQUEL. Mr. Speaker.

REP. VILLANUEVA. Thank you very much, Mr.

THE DEPUTY SPEAKER (Rep. Singson, E.). The Speaker.

Honorable Hontiveros-Baraquel is recognized. This is just a very short manifestation on behalf of our

Party-List CIBAC and the members of the entire minority

REP. HONTIVEROS-BARAQUEL. Thank you, Mr. bloc in the House of Representatives. We just would like to

Speaker. Just a very brief manifestation by way of manifest our full support to our dear colleague, Congressman

support for our colleague, the Gentleman from Anak Mujiv Hataman. It is just so weird, Mr. Speaker, that this

Mindanao. suspect ay ginawa pong state witness against Congressman

Hataman. At ngayon na nawawala po siya ay hahanapin sa

THE DEPUTY SPEAKER (Rep. Singson, E.). The Lady bahay mismo ni Congressman Hataman. Nakalulungkot

may proceed. isipin, Mr. Speaker, na kung ito ay nagagawa sa isang

Miyembro ng Kongreso na kasamahan po natin, how much

REP. HONTIVEROS-BARAQUEL. Thank you, Mr. more sa isang Juan dela Cruz? And so, we join the

Speaker. distinguished Gentleman in looking into this matter and we

Sabi po ni kagalanggalang na Congressman Hataman ay vow to raise these issues also in the coming budget hearing

hindi sila nanghihingi ng awa o ano pa man. But I would like of the PNP.

to call on all our colleagues in the House, and the House Thank you, Mr. Speaker.

leadership as well, to express and to exercise all forms of

solidarity, not just with Congressman Hataman, but with his REP. CHIPECO. Mr. Speaker.

whole family dahil sa pambubulabog na nararanasan nila muli

ngayong araw. I call on our leadership as well to make the THE DEPUTY SPEAKER (Rep. Singson, E.). Yes, the

proper representations to the DOJ, and particularly to the Honorable Chipeco is recognized.

MONDAY, OCTOBER 6, 2008 253



REP. CHIPECO. Thank you very much, Mr. Speaker. THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

I would like to make a brief manifestation, Mr. Speaker, if any objection? (Silence) The Chair hears none; the motion is

I may be allowed. approved.



THE DEPUTY SPEAKER (Rep. Singson, E.). The REP. AGBAYANI. Mr. Speaker, I move that we resume

Gentleman may proceed. consideration of the budget, specifically the budget of the

DFA and that the Sponsor, the Honorable Mandanas, be

REP. CHIPECO. Thank you, Mr. Speaker. recognized; and likewise, the Honorable Rufus Rodriguez to

First of all, Mr. Speaker, I would like to express my continue his interpellation.

sympathy to our honorable colleague, Congressman Hataman,

for what happened to his family. Mr. Speaker, I know THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

Congressman Hataman for a long time and I know the feelings any objection? (Silence) The Chair hears none; the motion is

that he had during the time when he was very much in trouble. approved.

All these things have gone away and because of this one

incident, they all went back to him. REP. MANDANAS. Thank you, Mr. Speaker.

Mr. Speaker, mahirap po na madaanan uli ang mga

pinagdaanan ni Congressman Hataman lalung-lalo na po kung THE DEPUTY SPEAKER (Rep. Singson, E.). The

wala naman po talagang basehan ang kanilang mga bintang. Honorable Rodriguez will continue also with his

Just imagine, Mr. Speaker, a group of 10 CIDG personnel interpellation.

storming your place? Overkill naman po siguro iyon. They

could have gone, two to three, at magtanong lang. Pero ang REP. RODRIGUEZ. Thank you, Mr. Speaker.

ginawa po nila, 10 sila na pumunta po roon and tried to inquire

even from the neighbors, as if itinatago nila ang kanilang REP. MANDANAS. Mr. Speaker, after consulting with

state witness. Just imagine, Mr. Speaker, state witness nila ay our honorable Secretary Romulo and our other dedicated men

nawala nila, and then hahanapin kay Congressman Hataman. and women of the DFA, I would like to mention, on their

Mr. Speaker, I hope that in case that the CIDG would say behalf, that in addition to the monitoring and to the

that it is a matter of procedure, we have also to exercise extreme interagency consultations in European countries, especially

caution in doing these procedures because they are also as a valid concern of my distinguished colleague, the DFA

affecting our lives, the people’s lives, and especially a Member has been in direct contact with their counterparts. And really,

of this House of Representatives. extensive and intensive diplomatic means are being used so

Mr. Speaker, I would like to sympathize again with what that this particular point, which is very valid and concerns a

happened to the family of Congressman Hataman. I hope that lot of our nationals, is really addressed, including working

the CIDG would, next time, exercise extreme caution. I guess, Mr. for amnesty in countries where this is applicable, where the

Speaker, at the time their office is being deliberated here, these DFA has been successful in some cases, including helping

questions will be asked again in time for the budget hearing. our nationals to regularize their papers one way or another.

Thank you very much, Mr. Speaker. Of course, every case is different from another. So, that

is being done. And when there are legal issues that could be

REP. JAAFAR. Mr. Speaker. raised, they already give support to our nationals. And very

important, although legislation is required for this one, they

THE DEPUTY SPEAKER (Rep. Singson, E.). The are not idle or complacent, but they are also getting in touch

Honorable Jaafar is recognized. with the legislators in the different countries in Europe and

they would expect that it would take probably one to two

REP. JAAFAR. Mr. Speaker, the Muslim Congressmen years more. But as I said, the work was, is and will be

of this Chamber would like to sympathize with our colleague, continued. And more details, and a paper on it, Mr. Speaker,

Congressman Hataman. For that purpose, I move, Mr. will be submitted to our honorable colleague.

Speaker, that a congressional investigation be conducted on

the guilty parties by the proper and appropriate committee. REP. RODRIGUEZ. Thank you, Mr. Speaker.

I am very happy to hear that the DFA will work for

REP. VILLAFUERTE. Mr. Speaker, I second the motion. amnesty for undocumented Filipinos abroad. It is not difficult

to try to do it because that is in the best interest of Filipinos

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there in the European communities. I am also glad to hear that,

any objection? (Silence) The Chair hears none; the motion is aside from working for amnesty and not only the immediate

approved. arrest of our Filipinos in Europe, the DFA will also work with

these governments probably, bilaterally or multilaterally, to

REP. AGBAYANI. Mr. Speaker. be able to have a system for the regularization of Filipinos

abroad. After all, these countries require really the services

THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor of Filipinos. It has become of note to all of us that many

Leader is recognized. countries in the world, especially in Europe, need Filipino

manpower to be able to proceed with their business. And so,

REP. AGBAYANI. I move that the speech of Honorable I am glad to hear that amnesty, regularization, including

Hataman and the subsequent manifestations thereto be probably the deployment of more personnel and legal

referred to the appropriate committee. assistance to our Filipino workers in Europe, will be done by

254 MONDAY, OCTOBER 6, 2008



the DFA . These are the things I would like to hear and I am personnel and more assistance. That is the reason for the

happy to hear them now and so, we can say that Congress is budget, Mr. Speaker. Then we also have prepared a

concerned and that the DFA will address this concern in contingency plan in our own department. We are using now

Europe. the funds for assistance to our nationals so that we can

May I go to the next point, Mr. Speaker. In the Philippine protect the Filipinos in Sabah; to repatriate 500 hundred

Daily Inquirer today, there are news items about our Filipino Filipinos now in the detention centers in Sabah. The consular

refugees in Sabah being beaten. The words of the newspaper team has been sent there again to facilitate the documentation

accounts tell us that they were arrested, detained and beaten and to provide prompt and effective assistance to Filipinos.

in Sabah by the Malaysian authorities and this has been If I may add, again, the seven or eight-man team will not

going on for the past six months. Even during my time as be enough. That is the reason they had been hiring non-

Immigration Commissioner in 1999 and 2000, these were being permanent employees. That is why part of the recommendation

done, and we had a shouting match with the Malaysian of the subcommittee, I would like to reiterate, Mr. Speaker, is

ambassador because I was complaining of their treatment. for an increase. Actually, there will be no additional funds

During that time, Filipinos were being herded like cattle. They needed except, if we could just increase the 10 percent to 25

were arrested during the night. They were snatched from percent from their consular income, Mr. Speaker.

their homes, without them being allowed to bring their Upon arrival in Zamboanga, they are now in coordination

personal effects, and they were cramped into vessels going with the DSWD and working closely with the Zamboanga

to Zamboanga City. They were packed like sardines in cargo City government to provide the local transportation,

and passenger vessels. The situation has again emerged this temporary shelter and basic necessities, Mr. Speaker. The

year. DFA also has come to a working arrangement with the DOLE

May I know what the DFA has done or is doing to make and DSWD so that the deportees could return and be

sure that the Malaysians will not treat our Filipinos as animals reintegrated by providing them livelihood training and

in Sabah. And I would like to know that because we, the employment assistance, Mr. Speaker.

government, is duty-bound to protect our people. Did the

Secretary already call for the ambassador of Malaysia to come REP. RODRIGUEZ. Mr. Speaker, is the agreement with

to the DFA to explain the treatment of our Filipinos in Sabah? the Malaysian government in the nature of an executive

agreement?

REP. MANDANAS. Mr. Speaker, again, it is a valid

concern because it was reported in the newspaper dated REP. MANDANAS. Mr. Speaker, this is an existing

October 5, in one of the well-circulated broadsheets in the agreement between the Philippine and Malaysian working

Philippines, that a fact-finding body precisely observed what groups and the migrant workers. It was formally held here in

were mentioned by my distinguished colleague. Right now, Manila on July 22. It was held just a few months ago, because

Mr. Speaker, the DFA, of course, immediately looked for these now it is already October.

fact-finding bodies because, at the moment, there has been

no official report yet. They have taken the initiative, Mr. REP. RODRIGUEZ. Why is it that even up to now, as

Speaker, in looking for these fact-finding bodies, the recent as a few days ago, our Filipinos in Sabah are still being

supposed source of this broadsheet. Because from our beaten by the Malaysian authorities in spite of that agreement.

embassy in Malaysia, Mr. Speaker, there has been no report These are reports coming out already in the newspapers by

yet on that particular incident. Nevertheless, we have, at the practically the eyewitnesses. Are the Malaysians

moment, an eight-man team from the Philippine embassy in implementing this agreement or they are just paying lip service

Sabah, and it is not only now, but they have been there ever to that? And our Filipinos in Sabah are suffering from their

since to really make sure that our Filipinos there are not actions, Mr. Speaker. May we know why, in spite of the

maltreated. And they have to comply, Mr. Speaker, with the agreement, our people there are still treated like animals?

agreement during the fifth meeting between the Philippine

and the Malaysian working groups and the migrant workers. REP. MANDANAS. Mr. Speaker, as I have mentioned

I was given a copy of what was agreed upon during said earlier, our department, our people there are looking for

meeting which was held here in Manila where Malaysia the supposed fact-finding body that made this observation

committed to adopt an orderly and humane approach in the to this broadsheet. Because at the moment—even before

arrest, detention and deportation of undocumented Filipinos this budget hearing, Mr. Speaker, they have not received

in Sabah. More specifically, Mr. Speaker, to afford yet any report regarding this particular incident.

undocumented Filipinos the opportunity to regularize their Nevertheless, they have already given orders to our team

employment, to be part of the regularization process; to ensure there to really look into the veracity of the report and to act

that the conditions inside the three detention centers—I appropriately.

believe the latest report is that there are already four detention

centers—in Sabah are reasonably safe. Unaccompanied minor REP. RODRIGUEZ. Mr. Speaker, it is surprising that

children will not be arrested. Another point, Mr. Speaker, is the DFA has no report whatsoever on what is happening in

ensure separate detention blocks for children and women. Sabah. We have an embassy in Malaysia. They are duty-

Still another point, Mr. Speaker, is that only detainees bound to go there and this has been going on. The reports

medically fit to undergo the 20-hour sea voyage to from the press have been coming out, and it is very amazing

Zamboanga will be deported. that no single report is coming from the Philippine embassy

Mr. Speaker, in addition to this agreement, we have an in Malaysia regarding these atrocities committed by the

eight-man team. Of course, I am sure we would need more Malaysians against the Filipinos. Is that the situation, Mr.

MONDAY, OCTOBER 6, 2008 255



Speaker, that our embassy has failed even to look at this and REP. MANDANAS. Mr. Speaker, the mobile team of

to report this to the DFA Secretary? Is that the situation, Mr. the DFA which is there will be intensified again. As mentioned,

Speaker? they are also asking the DOLE and DSWD mobile teams that

are also there. But, of course, they are already organic and

REP. MANDANAS. Mr. Speaker, we continue to maintain, part of the DFA and tey are the ones who are doing this, Mr.

considering our national interest, good relationships with Speaker.

our neighboring countries, especially Malaysia, in this

particular case. Of course, not all are interested in keeping REP. RODRIGUEZ. Thank you, Mr. Speaker.

this good relationship. Mr. Speaker, there could be a I am satisfied with the assurance that we are able to

possibility that certain sectors are trying to sow seeds of protect our Filipinos in Sabah because if the government will

discontent because of their own agenda so that the not be able to protect them, who will? We would like therefore

relationship would not be as good as it should be. to emphasize that the only agency that will be able to really

Nevertheless, we do not want to disparage the media. That is protect our nationals is the DFA. We hope that, as soon as

why up to this time, as I mentioned, Mr. Speaker, our team in possible, the monitoring team will be able to report so that

Sabah, although there is no report, is in touch with the DFA the honorable Secretary can now lodge a protest if there is a

head office with regard to this particular issue. need to, and will have a basis for such action so that

immediately, there should be a stop to this kind of treatment

REP. RODRIGUEZ. Mr. Speaker, while it is true that of Filipinos in Sabah.

our DFA should be able to have good diplomatic relations May I now go to the next point, Mr. Speaker. May we

with a certain country, that is subservient to the protection of know from the DFA how are we going to vote in the UN

Filipino nationals abroad because the primary aim of the DFA resolution that would call for the lifting of the US economic,

should be to protect the dignity and the welfare of Filipinos financial and commercial embargo on Cuba.

abroad. No other agency will directly be in line to support

and help these people but the DFA. REP. MANDANAS. Mr. Speaker, just to convey to my

I am just amazed that there has been no report yet. This distinguished colleague that the DFA, again, based on our

has been going on since 1999 and there has been no report national interest, our foreign policy as regards this particular

from the embassy in Kuala Lumpur about the atrocities which issue is to vote in favor of lifting the embargo.

have been coming out in their newspapers now and then.

And I am surprised by the kind of treatment our DFA is giving REP. RODRIGUEZ. Thank you very much for that, that

to our Filipinos in Sabah, Mr. Speaker. there will be a vote of the Philippine government for the lifting

We would like our distinguished Sponsor to explain why of this US-sanctioned embargo on Cuba—economic, financial

there has been a lack of real support and assistance to our and commercial embargo on Cuba.

people in Sabah. May we know how the DFA is treating the case of the

Cuban Five in the United States? Is there a strong resolution

REP. MANDANAS. Mr. Speaker, as mentioned earlier, coming from the DFA for the Cuban Five to be afforded real

our foreign policy is based on national interest and is due process because that they have been languishing in jail

definitely one of our three pillars: the defense, protection, without really any basis? May we know how we are going to

promotion of the integrity and the welfare of our nationals. treat the Cuban Five?

That is the reason our team, the DFA, continually, not only

monitors, but really acts on these issues and specifically, REP. MANDANAS. In line with our policy to always

this issue which was reported yesterday. This has now been subscribe to and respect human rights, therefore we always

the subject of follow-ups and investigation as regards their are for protecting the human rights of everybody, including

veracity. Not only would it really come from our embassy Cubans, Mr. Speaker.

but also right on the spot, and also in the Zamboanga area.

As a matter of fact, our honorable colleague from Tawi-Tawi REP. RODRIGUEZ. So, is there a Philippine position

which is nearby, passed on a note that so far, he has not that the US take a second look and in fact, release the Cuban

received any report and just like all of us and the DFA, he is Five whose human rights have been violated from the very

very concerned about the welfare of our fellow Filipinos. start when they were arrested by the US agents?



REP. RODRIGUEZ. Mr. Speaker, I hope that the DFA REP. MANDANAS. Mr. Speaker, following the US laws,

will certainly be able to put their own people in Sabah and but respecting human rights and the integrity of any person,

not depend on any other monitoring team or fact-finding our DFA will, of course, be in agreement with my distinguished

team. They themselves should be there in the detention colleague.

camps that were set up by the Malaysian government,

instead of just being there and looking at the conditions of REP. RODRIGUEZ. Because international humanitarian

our Filipinos. I think that what is happening today has law and human rights law would require the US to observe

certainly happened in the years 1998 to 2000. It is still these fundamental rights as assured in United Nations

happening as reported by the press. And so, we call on the Convention and Covenant on International Political and Civil

DFA to make sure that we are able to protect our people in Rights.

Sabah and therefore, be able to assure them that the Another question, Mr. Speaker. I have read here that one

government is serious in protecting our Filipinos abroad, of the duties of the department is pursuing economic

especially in Sabah. diplomacy, developing foreign investments in this country.

256 MONDAY, OCTOBER 6, 2008



May I know whether Hanjin, which left Misamis Oriental and REP. RODRIGUEZ. Thank you very much, Mr. Speaker.

Cagayan de Oro, will be returning to open up its P1.5 billion My next point, Mr. Speaker, is the passport process. It

shipping/ship-building complex in the Philippine Veterans takes Cagayan de Oro applicants five to 11 days to be able to

Investment Development Corporation (PHIVIDEC) area in get their passports, and more than 15 days for regular

Tagoloan and Villanueva, Misamis Oriental. applications. May we know whether we can have already an

equipment that will be placed in Mindanao, Davao, Cagayan

REP. MANDANAS. Mr. Speaker, again, another pillar is de Oro, Butuan or Zamboanga so that our job applicants who

our economic security. Definitely, the DFA is pushing for have been interviewed by labor deployment agencies are able

economic security. And this is done by the DFA not alone but to get quickly a passport in order to be deployed abroad.

together with the Department of Trade and Industry (DTI), What is happening now is that Mindanao workers are losing

the Department of Environment and Natural Resources out to the people here in Manila who can easily get a passport

(DENR) and the Commission on Human Rights (CHR). All right there in Roxas Boulevard, while our people in Mindanao

of these things are put together, Mr. Speaker. It is not an have to wait for five to 11 days. By that time, there is no more

isolated issue. As the saying goes: “We cannot sacrifice our job that is waiting for them because the recruiters have already

environment and our human rights at the altar of economic gone to some other place where people have passports. May

development,” Mr. Speaker. we know whether there is a plan to put up a passport-readable

or producing equipment that can be placed in Mindanao, so

REP. RODRIGUEZ. In the budget handout of the DFA, that when our people apply, they will get it in one or two days.

it says here, “pursuing economic diplomacy,... the three billion They can now go to countries abroad to work since they can

peso investments by Hanjin shipping or ship-building.” May be immediately deployed because they have a passport.

we know from the Secretary whether they have talked to

Hanjin and Hanjin is going to return to Misamis Oriental. REP. MANDANAS. Mr. Speaker, since the able

They are awaiting that answer because it is part of the report Representative from Cagayan de Oro mentioned this in the

of the DFA. Have there been initiatives to invite them back so committee hearing almost a month ago, there has been

that we will have, as announced by President Arroyo, 40,000 improvement already. And this will continue to improve. At

jobs that will be opened? May we know from the Secretary the same time, Mr. Speaker, as pointed out also by the

what is the development, the status of our economic distinguished Congressman, we will be setting up additional

diplomacy. printing personalization sites, not only in Mindanao, but also

in Visayas.

REP. MANDANAS. With the particular issue of Hanjin,

Mr. Speaker, considering that these are not only diplomatic, REP. RODRIGUEZ. Very good!

but are really trade concerns, and considering what is going

on in the world right now, the DFA is asking the DTI to lead in REP. MANDANAS. And it is part, Mr. Speaker, of the

this particular issue. So they are now just supporting the DTI budget now which, of course, I am sponsoring for approval,

with regard to Hanjin, Mr. Speaker. that there will be more regional consular offices. We need

more people, and with permanent items, they will be more

REP. RODRIGUEZ. Mr. Speaker, does the Secretary have secure and more committed and thus, be more efficient and

personal knowledge on whether they are coming or not? more expedient in the performance of their functions, Mr.

Because this issue about Hanjin is part of the report of the Speaker. There, we are setting it up.

budget which says economic diplomacy. I would presume that

there has been a diplomacy—that the DFA has talked to Hanjin, REP. RODRIGUEZ. Mr. Speaker, from the distinguished

because these are not just economic contacts between the Sponsor’s statement, do i get it that this present budget

DTI. This is economic diplomacy. So, is there a development proposal will include the installation of machines to produce

on this return awaited by the people of Misamis Oriental? machine-readable passports?



REP. MANDANAS. Mr. Speaker, we are fortunate that REP. MANDANAS. Mr. Speaker, the present budget, if

representatives of the DTI are also here, and we were informed I may mention, is not only for machine-readable passports,

through the DFA Secretary, by no less than the Director but we are going to start already, within this budget, the

General of our Philippine Export Authority, that they are electronic passport. This would mean that we will really be

staying, Mr. Speaker. not only complying, but will even be ahead of the

international requirement where the passports will have

REP. RODRIGUEZ. They are definitely staying, so.... already computer chips, to be not only machine-readable,

but are already e-passports as they are called. We expect,

REP. MANDANAS. I was just told they are staying, Mr. Mr. Speaker, that the revenue would also increase, and that

Speaker. I hope they are definite. is the reason we have to buy more papers and more materials,

and that is the reason also for the increase in our MOOE in

REP. RODRIGUEZ. This is not Subic. This is Misamis this particular budget.

Oriental. We have a different Hanjin in Subic. What I am

saying is... REP. RODRIGUEZ. Mr. Speaker, with the assurance that

there will be an installation of machines that will produce

REP. MANDANAS. In Misamis Oriental, they are machine-readable passports in… Will it be in Cagayan de

definitely staying. Oro, Mr. Speaker?

MONDAY, OCTOBER 6, 2008 257



REP. MANDANAS. There will be, what we call, regional embarrassed if we put these things in Visayas and

consular offices in Cagayan. Mindanao, Mr. Speaker.



REP. RODRIGUEZ. No, I am talking about the machine. REP. RODRIGUEZ. Mr. Speaker, our distinguished Sponsor

was able to answer very well. I am so impressed by his answers

REP. MANDANAS. There will be also in Mindanao and and therefore, I would now say that, with the promise that: first,

Visayas. The actual printing, when we buy all these things they will look into the plight of Filipinos in Europe, with their

initially, will be done here. pledge to come up with a concrete action plan to assure that

they will not be detained and just deported; second, the

REP. RODRIGUEZ. Here, Mr. Speaker? assurance that our Filipinos in Sabah will immediately be

protected in all aspects— that they will not be herded like cattle,

REP. MANDANAS. Yes, here, Mr. Speaker. that they will not be put in detention centers which are not fit for

humans, where they will be packed like sardines in the vessels

REP. RODRIGUEZ. That is precisely the problem. If plying the Kota Kinabalu to Zamboanga; third, with the pledge

we continue to send by mail, by delivery, by pouch, these also that the DFA will vote yes to lift the embargo of the United

passports from Mindanao going to Manila will precisely States on Cuba, and also, to work for the release of the Cuban

take 11 days. What we are saying is that to empower our Five; fourth, the Hanjin Shipping will return to Misamis Oriental;

people in Mindanao so that they can immediately get work, and finally, with the pledge to put up a machine in Cagayan de

the DFA must place a machine right there in Mindanao. That Oro to print all of these machine-readable passports, I now

is the question that I have: will there be a budget to install terminate my interpellation and would say that I support the

those machines, one in Mindanao and one in the Visayas? budget of the DFA and in fact, to increase it if our Minority

So that the people outside of Metro Manila, outside Luzon, Leader would allow.

will also get the benefit of fast passport production and use Thank you very much, Mr. Speaker. (Applause)

it to travel abroad.

THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor

REP. MANDANAS. The fast passport would not take Leader is recognized.

11 days anymore. It would be less than that. It is not just the

actual printing, Mr. Speaker, but we also have concerns about SUSPENSION OF SESSION

security.

REP. AGBAYANI. Mr. Speaker, I move that we suspend

REP. RODRIGUEZ. Mindanao is secure, I assure you, the session for a few minutes.

Mr. Speaker.

THE DEPUTY SPEAKER (Rep. Singson, E.). The

REP. MANDANAS. We are talking about the security session is suspended for one minute.

of the paper,...

It was 6:28 p.m.

REP. RODRIGUEZ. There is no problem of security,

especially in Cagayan de Oro. RESUMPTION OF SESSION



REP. MANDANAS. ...the security of the printing. At 6:29 p.m., the session was resumed.

Mr. Speaker, the DFA passed me a note asking that we

give them a little more time with regard to that. Eventually, it THE DEPUTY SPEAKER (Rep. Singson, E.). The

will be there, Mr. Speaker. session resumed.



REP. RODRIGUEZ. When eventually? SUSPENSION OF CONSIDERATION

OF H.B. NO. 5116

REP. MANDANAS. Shall we say, Mr. Speaker, 2010.

REP. AGBAYANI. Mr. Speaker, I move that we suspend

REP. RODRIGUEZ. We would have lost already jobs for consideration of the budget in the meantime and that we call

our 22 million Filipinos in Mindanao, which is 21 percent of the roll.

the population of this country, and Mindanao contributes 25

percent to the gross national product (GNP), has 60 percent ROLL CALL

of the mineral worth and also the natural resources of this

country. Do they expect us to wait for 2010 to have that THE DEPUTY SPEAKER (Rep. Singson, E.). There is a

particular machine and therefore, prevent the services sector motion to suspend the consideration of HB No. 5116.

to prosper? Is there any objection? (Silence) The Chair hears none;

the motion is approved.

REP. MANDANAS. The point is we want to make sure, The Secretary General will please call the roll.

Mr. Speaker, that what we bring to Visayas and Mindanao

would really be of the highest standards. That is why the Upon direction of the Chair, the Secretary General called

testing and the sampling will have to be done first in Manila. the roll pursuant to the House Rules, and the result is as

Once it is already perfected, then we will not be follows, per Journal No. 25:

258 MONDAY, OCTOBER 6, 2008



PRESENT Remulla Sy-Alvarado

Reyes (V.) Syjuco

Abaya Fernandez Robes Tañada

Agbayani Fua Rodriguez Teodoro

Aggabao Garay Rodriguez-Zaldarriaga Teves

Albano Garcia (A.) Roman Tieng

Alcala Garcia (P.P.) Romualdez Ungab

Alfelor Garin Romualdo Uy (R.A.)

Almario Gatchalian Romulo Valencia

Alvarez ( A.) Gatlabayan Roxas Velarde

Amatong Go Salimbangon Villafuerte

Angara Golez Salvacion Villarosa

Antonino-Custodio Gonzales (A.) Sandoval Vinzons-Chato

Apostol Gonzales (N.) Singson (E.) Yu

Aquino Gonzalez Singson (R.) Zamora (R.)

Arago Guingona Soon-Ruiz Zialcita

Arbison Gunigundo Susano

Arenas Hataman

Arnaiz Hofer APPEARED BEFORE AND/OR AFTER THE CALL

Arroyo (D.) Hontiveros-Baraquel

Arroyo (I.) Ilagan Ablan Kho

Asilo Jaafar Agyao Lacson

Barzaga Jalosjos Amante Locsin

Belmonte Jikiri Angping Lopez (J.)

Bichara Joson Bagatsing Mendoza

Binay Labadlabad Biazon Mitra

Biron Lagdameo Bondoc Pablo

Bonoan-David Lazatin Cagas Plaza

Bravo Ledesma Castelo-Daza Reyes (C.)

Briones Lim Cerilles Romarate

Bulut Lopez (C.) Chungalao San Luis

Cajayon Macapagal Arroyo Clarete Santiago (J.)

Cajes Madrona Cojuangco Santiago (N.)

Casiño Magsaysay Cua (G.) Suarez

Cayetano Malapitan Dangwa Taliño-Mendoza

Celeste Mamba Dayanghirang Tan

Chatto Mandanas Daza Umali, (A.)

Chavez Mangudadatu Del Rosario Umali (C.)

Chipeco Marañon Diaz Uy (E.)

Chong Marcos Dueñas Uy (R.S.)

Climaco Mariano Dumarpa Villanueva

Codilla Matugas Dumpit Villar

Coquilla Maza Fabian Yap

Coscolluela Miraflores Gullas Zubiri

Crisologo Nava Javier

Cruz-Gonzales Nicolas

Cua (J.) Noel THE SECRETARY GENERAL. The roll call shows that

Cuenco Nograles 153 Members responded to the call.

Datumanong Ocampo

De Guzman Olaño THE DEPUTY SPEAKER (Rep. Singson, E.). With 153

Defensor (A.) Ong present, the Chair declares the presence of a quorum.

Del Mar Ortega

Diasnes Padilla REP. AGBAYANI. Mr. Speaker.

Dilangalen Pancho

Dimaporo Pancrudo THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor

Domogan Piamonte Leader is recognized.

Duavit Pingoy

Dy Piñol REP. AGBAYANI. I move that we resume consideration

Emano Prieto-Teodoro of the budget, particularly the budget of the…

Enverga Puentevella

Escudero Puno THE DEPUTY SPEAKER (Rep. Singson, E.). Before I

Estrella (C.) Ramiro consider the motion, before we resume the consideration of

MONDAY, OCTOBER 6, 2008 259



the budget, may we request our colleagues to keep the public THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor

address system in their offices open during the plenary Leader is recognized.

sessions.

Thank you very much. REP. AGBAYANI. Mr. Speaker, I move that we recognize

The Floor Leader is recognized. the Honorable Luzviminda C. Ilagan to interpellate the

Sponsor.

CONSIDERATION OF H.B. NO. 5116

Continuation THE DEPUTY SPEAKER (Rep. Singson, E.). The

Honorable Ilagan is recognized to interpellate the Sponsor.

PERIOD OF SPONSORSHIP AND DEBATE

REP. ILAGAN. Thank you, Mr. Speaker.

REP. AGBAYANI. Mr. Speaker, may I reiterate the Mr. Speaker, allow me to ask these questions. I am sure

motion to resume consideration of the budget of the that the department is aware about the OFWs in Kuwait who

Department of Foreign Affairs and that the Sponsor, the have been detained for three to six months already, and these

Honorable Mandanas, be again recognized and likewise, the are Filipino workers detained for lack of documents and they

Honorable Al Bichara to interpellate the Sponsor. are in the central jail. According to reports, especially by

Migrante International, Kuwait Chapter, 11 already went

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there home last September 4; 18 have tickets but could not go home

any objection? (Silence) The Chair hears none; the motion is allegedly because they needed assistance from the Philippine

approved. embassy in Kuwait. The Migrante–Kuwait said that they

already sent a letter through e-mail to Philippine officials in

REP. BICHARA. Mr. Speaker. Kuwait, informing them that there are 40 OFWs requesting

assistance from the embassy for immediate repatriation. May

THE DEPUTY SPEAKER (Rep. Singson, E.). The we know what is the update about these OFWs and can we be

Honorable Bichara is recognized to interpellate the Sponsor. assured that they would be repatriated immediately?



REP. BICHARA. I would just like to raise some points REP. MANDANAS. Mr. Speaker, I was informed that

for clarification, Mr. Speaker. our embassy will provide for the airfare. This is part of our

The DFA has a list of the number of countries which assistance to our nationals in the 2008 budget and then, also

have imposed deployment bans. That includes Iraq, from our legal assistance. Again, we are using that to have

Afghanistan, Nigeria, Lebanon and a partial ban on Jordan. this attended to immediately. Also, Mr. Speaker, similar to

During the past months, Lebanon has elected a new president, what we are doing in other places, including the Europe and

President Sleiman, and they have entered into an agreement in Kuwait especially, we are arranging for the amnesty for

with the opposition, together with the Hezbollah. Lebanon is those without documents. After the amnesty, they will be

back to normal now and we still maintain the deployment given transportation/fare money and sent back, Mr. Speaker.

ban. I wonder what is the basis of the ban. Besides, the more Right now, they are being cared for. Just for the information,

restrictions that we impose, the more that we increase the Mr. Speaker, of my distinguished relative, I personally will be

number of undocumented workers that enter those countries. going to Kuwait during the weekend and I will personally

In fact, during my tour of duty as ambassador way back look into this, just to make sure.

in 2006, a good number of Filipinos have high salaries,

especially the cooks and the old household helps who REP. ILAGAN. Thank you, Mr. Speaker. That is very

received a salary of about 600, 700, 800 dollars. We also have assuring and may we, therefore, further be assured if we get

a good arrangement, I mean the embassy and the Ministry of the good news that these OFWs have already been repatriated.

Labor of the Lebanese government, in that they scrutinize all In relation to that first question, Mr. Speaker, are there

the recruitment agencies and honor our agreement with them. other Filipino workers who are also detained in jails in other

With this ban, I was informed that a minimum of 100 workers parts of the world? How many are women? How many are

go to Lebanon every month and they end up undocumented. children? Does the department keep track of the women and

Kapag undocumented ay walang proteksyon sila, not with the children who are in these difficult circumstances?

the OWWA, not with the POEA.

So, Mr. Speaker, may I know what, until now, is the basis REP. MANDANAS. The observation of my

for the ban? distinguished colleague is correct, Mr. Speaker, that we have

many nationals who are detained for various reasons in many

REP. MANDANAS. Mr. Speaker, after consulting with places. That is why the DFA will provide our distinguished

our honorable DFA Secretary, the department sees merit in colleague with a listing by country and also the reasons for

the observations made by our distinguished colleague who their detention and whether they are men, women, children,

was the former ambassador of Lebanon. Therefore, it is going all the data related to this. But the bottomline, Mr. Speaker, is

to be reevaluated for opening and they are going to get the that they are being attended to and the department is very

input of both the POEA and OWWA. grateful to what Congress approved for 2008 for the

assistance to nationals. However, the new budget coming

REP. BICHARA. All right. That is a welcome reply and I from the administration is a little less for 2009. That is why we

am glad that I got one from the Sponsor. are reiterating that request of increasing the retention so that

Thank you, Mr. Speaker. they could also increase this assistance to nationals. So that

260 MONDAY, OCTOBER 6, 2008



the DFA will have more money to pay for their plane fare arrived from the fact-finding mission that was discussed

coming back, so that our embassy can take care of them earlier. This was in Zamboanga. The interagency committee

while they are there, and also to have funds for their legal was generous enough to allow us to attend a meeting with

needs. This is part of the direct contact––I do not want to the representatives of the different agencies involved. We

use the word “lobbying”–– the diplomatic relationship, for were updated or apprised about what they have been doing.

the amnesty of the Filipinos detained thereat, Mr. Speaker. I do realize the initial attempts to help our deportees who

came from Sabah. My office has been requesting for a full

REP. ILAGAN. Thank you, Mr. Speaker. copy of the results of the RP-Malaysia working group on

In relation to this, could we therefore have, at the soonest migration. We have been given just a one-page copy of the

possible time, a report also of the accomplishment and the highlights. I would have wanted the full report because there

spending of the department with regard to the assistance to have been accounts of violations of the results of this

nationals fund. committee’s work. In my fact-finding interviews the other day,

I myself questioned minors who have arrived in Zamboanga

REP. MANDANAS. It will be done, Mr. Speaker. and they were not accompanied by any adult nor by their

parents. In fact, they were in the Silungan Center, waiting for

REP. ILAGAN. Thank you, Mr. Speaker. the arrival of their mothers who are still in Sabah. I believe

My next question is with regard to a very controversial this is a violation of the agreement that no minor should be

issue, the psychiatric test, which is now being proposed to be allowed to be deported without the presence of their parent

undertaken by our kababayans who intend to work abroad. or of an adult.

Aside from the additional cost, the burden/inconvenience they Mr. Speaker, there were a lot of other violations. For

have to undergo, many are opposing this proposal. There is example, we are not supposed to deport a baby, a mother with

also the presumption that our workers are mentally unstable a sick child, but there were instances that we saw in the center,

and that is why they have to undergo this kind of test. in the one-stop shop. It is very important that we take a good

Mr. Speaker, may we know why this has to be pursued look at what has happened and that we be updated in terms

and also, what would be the basis? Can we not scrap this of being provided the full account of this RP-Malaysia

idea totally? Because, becoming mentally unstable or working group report.

suffering from all this mental stress, would probably be due

to all the problems and difficulties that our workers undergo REP. MANDANAS. Very well done, Mr. Speaker. We will

when they are abroad. It is not because they are already provide our honorable colleague with the true copy of the

unstable when they leave the country, but probably because agreement. Of course, we understand that there could be lapses

of all the problems they encounter, then they experienced as in any other agreements. That is the reason, and I think my

this. honorable colleague will agree, that we have to give more funds

to assist our nationals through the DFA so that we would

REP. MANDANAS. Mr. Speaker, the DFA recognizes reduce these lapses, if ever they occur. I cannot contradict my

and considers highly the points mentioned by the colleague that she herself saw those things. So, those we really

distinguished Congresswoman. It has to be stressed that have to avoid. But we have, please understand also, a very

they are not in favor right now of psychiatric examination. limited budget and we could not really push through. I think,

However, what they would like to institute is only with the approval of the budget, with these new items, we will

psychological, like aptitude, so it is not psychiatric. be able to attend to them better.

My honorable colleague is correct that when it comes to

any psychiatric issues, they probably, if ever and hopefully REP. ILAGAN. Yes, Mr. Speaker. Also, it was gleaned

not, would come about when they are already there. Before, it from the reports that the resources were really limited. In

will be just psychological examination, which even the fact, when we interviewed the officials of the DSWD and the

members of the mission, the employees of the DFA, have to other agencies, we found out that the functions were highly-

undergo, but not psychiatric examination, Mr. Speaker. compartmentalized and that there was no comprehensive way

of assisting our kababayan and we want to help the deportees.

REP. ILAGAN. So, Mr. Speaker, it s a psychological While there have been some very good attempts at getting

testing for aptitude. Is that not redundant because when we the data, segregating how many men, how many women, how

send our workers abroad, they have already undergone some many children have arrived, we also saw that these people

kind of an aptitude test, especially if they underwent the were highly- traumatized. One nurse for every 250 deportees

TESDA training and so, we would know what kind of work would be highly questionable, and there is the need for

they would be most prepared. It is an opinion that the psychosocial services of a psychologist to help the

psychological testing might be even redundant. traumatized victims to be able to move on. My suggestion,

Mr. Speaker, is that we take another look at the functions of

REP. MANDANAS. Mr. Speaker, what has been the interagency committee so that, in the overall, they would

whispered to me is that they are going to form now a special be of better assistance.

team to look into this. But definitely, the psychological test

would be not really just a test but would help them improve REP. MANDANAS. That will be done, Mr. Speaker. I got

or enhance their aptitude. the assurance of our department to intensify and, as I said, I

am sure that my distinguished colleague is in agreement on

REP. ILAGAN. Thank you, Mr. Speaker. the lack of resources. That is what we hope to address, Mr.

For the information of the distinguished Sponsor, I just Speaker.

MONDAY, OCTOBER 6, 2008 261



REP. ILAGAN. And one item, Mr. Speaker, that we saw REP. MANDANAS. Mr. Speaker, frankly speaking,

was that there was a need for a consular office. The when it comes to assistance for Mindanao, we could see that

processing of the passports, especially of the undocumented, our DFA is dealing, not only with Australia, Malaysia but

especially of children who did not have any birth certificates actually internationally, including the United Nations (UN).

at all, or the deportees who did not have any document to The concerns that we have in Mindanao are definitely at the

prove their identities, the consular services were highly forefront, but we do not have right now data in terms of how

needed. Is it possible that a portion of the DFA budget be much time, how much amount, but they all redound to that.

used to put up a consular office in Labuan which is 15 minutes W e all know the situation in Mindanao right now. We could

away from Sabah to immediately address the needs of Filipinos assure the honorable Congresswoman that Mindanao gets a

in Malaysia? sizable share. I am sure more than Region IV, more than

CALABARZON. I know they are doing because of the issues

REP. MANDANAS. Mr. Speaker, that is another good right now in Mindanao, not only economic but also political

point. We will intensify our consular office in Zamboanga and security issues, Mr. Speaker.

and then, as I said, increase our eight-man team there, although

for understandable reasons, we cannot call that a regular REP. ILAGAN. Thank you, Mr. Speaker, for the

consular office because of the special situation in Sabah, as responses.

we all know. We just have a team, we call that a team which, May I now reiterate the request for the documents

with the approval of the new items, we would increase its that would be very helpful to us like the accomplishment

members, Mr. Speaker. reports of the interagency committee, the framework, the

provisions, the actual results of the RP-Malaysia working

REP. ILAGAN. Thank you, Mr. Speaker. group meetings and also other data that would be very

So in line with the interagency committee that has been helpful to us regarding those who are detained or who

in operation in that area, it would be helpful if we have a copy are in different detention centers in different parts of the

of the accomplishment report of the Tawi-Tawi and world.

Zamboanga one-stop processing center so that we could

also give suggestions on how it can become more efficient. REP. MANDANAS. Yes, Mr. Speaker, those will be

provided even before we end this session. I mean, the session

REP. MANDANAS. Yes, Mr. Speaker, and our honorable regarding the budget. Probably, on or earlier than Friday.

colleague from Tawi-Tawi, the Chairman, Nur Jaafar, is

contributing to all of these. He is also helping our DFA REP. ILAGAN. All right. As a final note, I shall be

because of our nationals who are really constituents of Tawi- submitting also to the department the results of the fact-

Tawi, Mr. Speaker. finding mission that was conducted in Zamboanga. Hopefully,

if we will conduct other fact-finding missions, we shall also

At this juncture, the Deputy Speaker relinquished the be submitting the results to the department so that we can

Chair to Rep. Del R. De Guzman. take a good look at the circumstances that our deportees, our

undocumented workers, are experiencing.

REP. ILAGAN. Thank you, Mr. Speaker. Thank you, Mr. Speaker.

May I now be allowed to move on to election time.

Everybody gets excited when we talk about elections and we REP. MANDANAS. Our DFA, Mr. Speaker, would very

are interested in the absentee voting issue. Is the DFA already much welcome the report of the group that went there with

making preparations for the 2010 elections? How does it plan the honorable Congresswoman.

to meet its target for a higher absentee voter turnout? How will

it ensure that it will have clean and honest absentee voting? THE PRESIDING OFFICER (Rep. De Guzman). The

Floor Leader is recognized.

REP. MANDANAS. Mr. Speaker, considering that our

election will be in 2010 and the absentee voters will be REP. AGBAYANI. Mr. Speaker, I move that the

voting earlier, we already have included in our budget an distinguished Gentleman from the Lone District of Bacolod

amount for the absentee voters. Probably, it is there in our City, the Honorable Monico O. Puentevella, be recognized

budget now, Mr. Speaker. We have an amount already to make a manifestation in relation to the DFA.

included in our present budget of something close to P52

million for the elections. Of course, an addition would be REP. PUENTEVELLA. Mr. Speaker.

appreciated, but we already have budgeted that amount and

coordinated with the DBM and that amount was provided THE PRESIDING OFFICER (Rep. De Guzman). The

for 2009 budget. Honorable Puentevella is hereby recognized.



REP. ILAGAN. Thank you, Mr. Speaker. REP. PUENTEVELLA. Thank you very much, Mr. Speaker.

May I go now to Mindanao. How much development Mine is a very simple and short one. I stand up merely

assistance has the DFA clinched for peace and development not to condemn but to commend. I stand up not to decrease

in Mindanao for 2007? How was this amount spent? Besides but hopefully to increase. I would like to express my gratitude

monetary assistance, what other forms of support has the to the members of the DFA: Secretary Alberto Romulo; Usec.

DFA enlisted for bilateral cooperation for Mindanao with Frank Ebdalin, my kababayan; my very close friend, Tess

governments like Australia, Canada, Japan, et cetera? Dizon; and Darius Renario, wherever they are, from the people

262 MONDAY, OCTOBER 6, 2008



of Bacolod City, thank you for making us first-class citizens Ayon sa isang e-mail na natanggap ng isang Akbayan

of the Republic of the Philippines. leader mula kay Loline Lualhati-Reed, isang dating Bayanihan

Mabuhay, Secretary Romulo, and may your tribe and dancer mula sa orihinal na tropa ng Bayanihan Dance

your budget increase! Company na ngayon ay nakatira na sa London kasama ang

Thank you very much. (Applause) kanyang asawang Ken, ganito ang naging scenario sa skit:

Itong si Harry ay nasa front lawn ng bahay at mayroon

THE PRESIDING OFFICE (Rep. De Guzman). The siyang sinisigawan, mayroon siyang inuutusan at malakas

Floor Leader is recognized. ang boses niya. May lumapit na postman o kartero. Dumating

siya at tinanong niya kay Harry, “Ano’ng nangyayari?”

REP. AGBAYANI. Mr. Speaker, the next Member of the Sa eksena, andun si Paul, kaibigan ni Harry, nakaupo sa

House of Representatives to interpellate the sponsor is the upuan doon sa kanyang front lawn at nakasuot ng pajamas.

Honorable Risa Hontiveros-Baraquel. May dalagang nakasuot na gray na uniporme at mayroong

puting apron na sumasayaw sa harap ni Paul sa isang

THE PRESIDING OFFICER (Rep. De Guzman). The malaswang paraan.

Honorable Hontiveros-Baraquel of Party-List Akbayan is Sabi ni Harry sa postman, sa kartero, “I am shouting at

hereby recognized. my Filipino maid to do her job. I want her to mate with my

Northerner friend.”

REP. HONTIVEROS-BARAQUEL. Thank you, Mr. Tapos, nagpatuloy pa siyang sumisigaw ng mga utos sa

Speaker. babae na sumayaw ng mas malaswa pa at may punto pa nga

Good evening to the good Sponsor and the whole DFA na sinabi niya sa kanyang kasambahay na pumunta sa harap

family! ni Paul in order to “hump him.”

Mr. Speaker, is the good Sponsor aware of a recent Ang babae na gumaganap doon sa papel na Pinay na

broadcast on BBC 1 and BBC 2 in London which is highly kasambahay, ang ginawa niya ay pumunta siya sa harap ni

insulting, racist and derogatory to Filipino domestic workers Paul at pagkatapos ay nagsimula siyang gumalaw ng malaswa

there, and overseas Filipino workers (OFWs) in general? para ipakita na sinusunod niya ang utos ni Harry.

Hindi naman daw naantig si Paul. Tumayo siya at bumalik

REP. MANDANAS. Mr. Speaker, I did not hear it but siya sa bahay niya.

our alert DFA already has not only heard about it but they Sinigawan nitong si Harry ang babae, “You get out! Just

already have a reaction. If I may mention, Mr. Speaker, the go!” na parang pinapagalitan siya dahil hindi niya na-excite

Philippine embassy has already written a complaint with si Paul.

regard to this to the UK regulatory agency on their Parang bumagsak ang loob ng babae, na-upset siya at

communication industry. The Mayor of London and the lumayo na siya. Pumunta na sa bangketa ng kalsada.

Secretary of State for Women have already been informed; Sa katapusan ng eksena, lumapit ang kartero sa babae,

and we have written complaints already; and likewise, of tapos, parang bumubulong sa tenga niya, at the closing of

course, to the British Broadcasting Corporation (BBC), it has the scene, lumakad ang dalawa papalayo, magkalapit, na

been done. The Philippine embassy, our representatives there, parang ibig sabihin ay sila naman ang nagsusuyuan.

already have met with the Filipino community, FilCom, for This episode can now be seen on YouTube, Mr. Speaker,

concerted efforts versus BBC, such as a silent protest and Harry and Paul, episode 4.

vigil right at the BBC. Also, an e-mail campaign condemning Sobrang nainsulto si Loline at ang kanyang asawang si

the BBC; and likewise, a demand for an apology. That would Ken na isang British, sa skit na ito. Nagalit talaga sila. Ngayon

be from our department. It would help very much if, for those sa pagkuwento ko nito sa inyo, nagagalit ako ulit at siguro

who have heard from here, they could also do the same. lahat ng mga Pinoy na makakarinig at lalong makakapanood

And thank you for the information of our distinguished nito, ay magagalit din.

Congresswoman because now, many more would be sending Para ipakita ang isang Filipino domestic worker bilang

e-mails and complaints about this particular untoward and sex toy ng kanyang employer, hindi iyan nakakatawa. Alam

really unfortunate incident. nating lahat, kahit na sa tingin siguro nitong sina Harry Enfield

at Paul Whitehouse na nakakatawa, kahit sila ay ilan sa mga

REP. HONTIVEROS-BARAQUEL. Thank you, Mr. top comedians sa United Kingdom (UK), tulad ni Loline,

Speaker, and to the good Sponsor. nagtataka ako kung paanong naaprubahan kapwa ng BBC 1

As the good Sponsor said, there have been initiatives at BBC 2 ang ganitong klaseng skit.

undertaken, and some of these were actually undertaken by Of course, G. Ispiker, hindi lahat ng tao sa Britain ay

Filipinos based in London when they brought this terrible incident tulad nina Harry at Paul na ang tingin nila sa mga Filipino

to the attention of our embassy there. Mr. Speaker, if their Honors domestic workers ay sex toys na dapat i-exploit at pagtawanan.

will allow just for their information, I would like to briefly narrate Maraming residenteng Pinoy sa London na matagal nang

the incident because it leads to my question. Mr. Speaker, our nakatira doon o sa ibang bahagi pa ng UK. Alam ng mga

embassy in London is already part of this brief narrative, but I kababayan natin na marami pang ibang Brit na ang tingin at

would like to also pose a related question to the DFA as a whole. ang pagkakilala sa Filipino domestic workers ay masisipag,

This offensive broadcast was shown on BBC 1 in the diligent at mahalaga ang ambag sa ekonomiya at sa buhay ng

comedy program of Harry Enfield and Paul Whitehouse, Great Britain o sa United Kingdom.

entitled “Harry and Paul” on September 26, 2008 at 9:00 p.m., Maaaring tawaging ng iba na mababa ang trabaho nila

primetime, and repeated on BBC 2 on September 29, 2008 at pero karapat-dapat lang sila na igalang at sa appreciation.

10:00 p.m. Gaya ng isinalaysay ng Ginoo, dinala ni Loline itong

MONDAY, OCTOBER 6, 2008 263



insidenteng ito sa atensyon ng Human Rights and Equality for the DFA, on behalf of the Philippine government, to send

Commission sa London; gayundin sa ating butihing Philippine a diplomatic communication to the UK government to support

Ambassador Edgardo B. Espiritu at kay Danny Buenafe ng the protest lodged by Filipinos there, as well as the action

ABS-CBN, Europe. Gaya ng isinalaysay ng Ginoo, sumusulat already undertaken by the Philippine embassy in London,

na sa top government leaders ang ating embahada roon upang Mr. Speaker?

magreklamo, gayon din sa UK ambassador dito sa Pilipinas,

His Honor, Peter Beckingham. Si Loline at ang pangulo ng REP. MANDANAS. Yes, Mr. Speaker. As a matter of

Philippine Nurses Association- UK ay sumulat ng petition na fact, the actions of the Philippine ambassador, His Excellency

ngayon ay umiikot sa e-mail. Nag e-mail na rin si Loline sa Edgardo Espiritu, is really an action of the Republic of the

Women’s National Commission at sa mga taong sumusuporta Philippines because he is our representative there, he is the

sa kanya dahil iba ang pananaw nila sa ating mga Pinoy—iba representative of the DFA. I am very happy, as confirmed by

kina Harry at Paul. my distinguished colleague, that Ambassador Espiritu is

Mr. Speaker, nakikiisa ako kay Loline, 10 ng kanyang really very active and really fully supportive in filing the

mga kaibigan sa London at sa buong UK, at nakikiisa ang complaints and studying whatever steps that could be done.

partidong Akbayan sa pag-demand ng apology mula sa British

Broadcasting Corporation. REP. HONTIVEROS-BARAQUEL. Certainly, I agree,

Gaya ng sinabi ni Loline at tumpak po ang sinabi niya, Mr. Speaker, that the actions of the good ambassador are on

“Dishonoring one Filipina dishonors all of us, wherever we behalf of the DFA, and as the good Sponsor said, of the

may be.” I think, Mr. Speaker, that all of us here in this Republic of the Philippines itself.

Chamber, should join in the condemnation of this offensive Would it also be possible for our DFA to make an official

skit and in the demand that the BBC, together with Harry communication with the UK ambassador in the Philippines,

Enfield and Paul Whitehouse themselves, should apologize His Excellency Ambassador Beckingham, about this case?

to all Filipino domestic helpers in the UK and to all Filipinos Only so that, Mr. Speaker, actions undertaken by the

everywhere for this insulting, offensive and even racist Philippine government will emanate both from London and

broadcast. right from the geographical center of the Republic of the

Pero dito po ako tatawid sa tanong ko sa inyo, Mr. Philippines.

Speaker. May I know from the distinguished Sponsor what,

apart from our good ambassador in the UK, the Department REP. MANDANAS. I was informed, Mr. Speaker, that

of Foreign Affairs has done to protest this incident and seek it is more direct because our ambassador wrote directly already,

redress for it, Mr. Speaker? including to the Mayor and the Secretary of State for Women,

and also to the regulatory agencies. It is already something

REP. MANDANAS. Mr. Speaker, if my honorable in writing, not only to the BBC.And even that the ambassador,

colleague is making a motion, I will be privileged to second it, I mean our Foreign Secretary now, the honorable Secretary

in condemning that particular show, and I am sure that we are Romulo has heard what the Honorable Congresswoman said

not going to have any objection in the House. As I mentioned, with passion. He said that if he were not here, he would

we are grateful to our colleague for narrating exactly what immediately go to the ambassador of UK in the Philippines.

happened so that we are going to have a better appreciation

of the situation, and I am sure that the passion of our colleague REP. HONTIVEROS-BARAQUEL. Thank you so much,

has already, not only rubbed off, but hasa really penetrated Mr. Speaker, for that very direct response on behalf of the

the members of our diplomatic corps. And we expect more good Secretary. And I will communicate this through the

action. Of course, we have already made written complaints Akbayan leader, to whom Ms. Lualhati-Reed communicated,

and the follow-up will be there. And I am sure that, considering that indeed there was a very direct response from the DFA.

that we have funds for legal assistance on this matter, Moving to a second concern, Mr. Speaker, more

probably, it could also be studied whether any legal action particularly questions about the legal assistance fund, and

may be carried. That could be studied also, Mr. Speaker. Of the fund for assistance to nationals: does the Department of

course, direct contacts with the UK regulatory agency, in Foreign Affairs have an accounting as to the use of these

addition to the letter, will also be done together to the local funds in the last fiscal year? Could the good Sponsor tell the

Secretary of State for Women and the BBC directly and assist House how many cases were attended to, what types of cases

to whatever extent it could, Mrs. Lualhati-Reed and the group, these were, and also what the ratio was of the DFA personnel

the Filcom. They would also assist not only in the silent to the overseas Filipinos assisted, Mr. Speaker?

protest, but probably marshaling the Filipino community in

London and everywhere, just like what our honorable REP. MANDANAS. Mr. Speaker, I was informed it is a

colleague is doing right in the halls of Congress and for that long list. And we will provide the Honorable Congresswoman

matter, in the entire country, Mr. Speaker. with the list, together even with the auditing of COA, just to

make it more objective, Mr. Speaker.

REP. HONTIVEROS-BARAQUEL. Thank you, Mr.

Speaker, for again affirming the actions already initiated by REP. HONTIVEROS-BARAQUEL. Thank you, Mr.

the Philippine embassy in London in support of Ms. Loline Speaker.

Lualhati-Reed and her colleagues, but also, in particular for It will be sufficient to receive that documentation within

mentioning a specific action that our DFA here in the the next few days. I would like to pose about four other related

Philippines will study towards possibly undertaking in terms questions, so that the good Sponsor may be able respond to

of legal action. Would it also be possible or to be considered these tonight. As for the rest that may require more

264 MONDAY, OCTOBER 6, 2008



documentation, I will appreciate receiving that in writing REP. MANDANAS. Mr. Speaker, for the assistance to

instead. nationals, last year, we have P150 million and this year, we are

This one, perhaps, the good Sponsor would be able to not allowed, and although there has been an increase in

hazard a response to this tonight: how would the DFA rate undocumented Filipinos seeking help, still it is P150 million.

itself in the area of overseas Filipinos needing help, and those And then for the legal assistance, Mr. Speaker, from P60

that the department has actually been able to assist already, million, it has been reduced to P50 million. So, the proposal

Mr. Speaker? which the subcommittee was mentioning is that we just the

DFA to increase the retention of the consular income. In other

REP. MANDANAS. May I express my personal words, instead of bringing everything to the general fund,

observation. they allow them on the spot to really have more funds because

the complaints of those who seek shelter are really valid.

REP. HONTIVEROS-BARAQUEL. Yes, Mr. Speaker.

At this juncture, the Presiding Officer relinquished the

REP. MANDANAS. I would say that they are tops when Chair to Deputy Speaker Eric D. Singson.

it comes to desire, dedication and commitment to help. Of

course, they are short in resources at the moment, Mr. Speaker. REP. HONTIVEROS-BARAQUEL. Thank you, Mr.

They are short in resources, and even short in recognition, Speaker.

because they are not given permanent items, Mr. Speaker, There are 128,000 of these undocumented overseas

and that is the reason for this particular budget hearing, Mr. Filipinos in Malaysia alone, mostly in Sabah, but the embassy

Speaker. is in Kuala Lumpur (KL). Do we have enough resources so

that overseas Filipinos in Sabah can avail of assistance?

REP. HONTIVEROS-BARAQUEL. Thank you, Mr. Considering that it is so far from KL, should there not be a

Speaker. Filipino center in Sabah itself like MECO or something like

I certainly heard the Gentleman, and also the implicit that, or maybe even a government-backed NGO to get around

suggestion that, of course, in budget proceedings like this, the so-called Sabah question, not wishing to offend anyone

we should also look at the possibility of amendments to the here in the House? At the end of 2006, the embassy reported

budget in terms of increasing the resources, or making more that there are 1,600 overseas Filipinos languishing in the

appropriate allocations for the tasks that our different detention centers and regular prisons in Kota Kinabalu,

departments have to accomplish. Tawaw and Sandakan on immigration-related problems. In

Speaking of one of which, there are so many undocumented this year alone, feedback from Zamboanga City was that

overseas Filipinos, estimated at 900,000, almost a million in 2007. deportation is many times more than before, given that in

They are always at risk of arrest, detention and deportation, as 2006, 9,207 were deported and 98 percent of them came from

well as of abuses and therefore, they intend to run to our embassies Sabah. How would the good Sponsor respond as of this time

when they come into these abusive situations. How is the DFA as far as the match between resources to assist OFWs in

coping with these? Mr. Speaker, many overseas Filipinos Sabah when the center of assistance is all the way in KL, Mr.

complain of the situation in the shelters. One example is the Speaker?

condition in Jordan where some 200, as of February this year,

were cramped together in the embassy and some had to sleep REP. MANDANAS. Mr. Speaker, we really do not have

virtually outside the embassy, in the veranda. How much is the enough funds. I agree that we really have to have more people

budget, in particular, for coping with the overseas Filipinos who and more resources available right there in Sabah. It is just

take shelter in our embassies, Mr. Speaker? that we have to balance the present relationship and present

status of Sabah right now. But I think from the budget point

REP. MANDANAS. Mr. Speaker, I share the view and of view, the honorable colleague and I are one in asking for

observation of my colleague that the undocumented Filipinos an increase in resources and in the number of people who are

who take shelter in the embassies, that they do not have qualified and well-trained to attend to the needs of the 2,500

sufficient, even dignified means to stay there. But I would Filipinos actually in Sabah under detention. The DFA only

like to mention that this is really by reason of lack of resources, have funds for 500 to be transported, Mr. Speaker. We really

Mr. Speaker. While the DFA recognizes this, it also takes need more funds, Mr. Speaker. We have only items for seven

steps like asking now for more capital outlay so that we could or eight people in the budget there right now, which we would

really improve the premises of our embassies and consulates. like to increase, Mr. Speaker.

At the moment, it is true, Mr. Speaker, that with almost a

million undocumented Filipinos and therefore, who are REP. HONTIVEROS-BARAQUEL. Mr. Speaker, perhaps,

subjected to all sorts of harassments, they have no choice even beyond that budget debates, we in the House can work

but to go to our embassies or consulates. Therefore, we really together, as well as with colleagues in the executive, on how

have to do something about it, like increasing the budget, to remain sensitive to the diplomatic issues, and address the

that is one, and part of that will be for their food. We also basic concern, which is assisting our nationals who are in

have the assistance to nationals and also the legal assistance. those especially difficult circumstances very far from the

We also have a proposed capital outlay for the building fund. capital of Malaysia. Most of the undocumented overseas

Filipinos in this difficult situation are the ones in need of

REP. HONTIVEROS-BARAQUEL. How much is the resources that, based on RA 8042, come in the form of the

budget as of now, and how much is the proposed budget for legal assistance fund and emergency repatriation fund. Is it

the next year? possible for the good Sponsor to give the overview tonight,

MONDAY, OCTOBER 6, 2008 265



how these funds have been spent and in what places, to help To my last question for tonight, Mr. Speaker, on a different

the House better appreciate if these funds are able to respond issue but also within the shop of the DFA. At the recent

to the situation on the ground, Mr. Speaker? international conference on the International Criminal Court,

Just to continue, the common feedback from overseas sponsored by the Philippine Judicial Academy (PhilJA),

Filipinos is that there are no resources, and I know that Supreme Court Chief Justice Puno endorsed the ratification

embassies themselves often complain of the same thing as of the Rome Statute. Could the Sponsor inform us the status

well and we are hearing it also tonight from the good Sponsor. of the Rome Statute, establishing the International Criminal

Oftentimes, embassies advise overseas Filipinos to opt to be Court (ICC), in the Cabinet? Has the DFA endorsed it? And is

repatriated rather than file cases or claims. They are also told it in favor of transmitting this Rome Statute to the Senate for

to raise funds for their own tickets so they can go home ratification and concurrence, Mr. Speaker?

faster, rather than staying in the centers, instead of fighting

to source their tickets from erring employers or recruitment REP. MANDANAS. Mr. Speaker, the issue is now no

agencies. What is important is that there are enough funds longer with the DFA, but already, I was informed, with the

because, as far as we know, considering that the POEA, our Executive Secretary.

government target is to send one million overseas Filipinos

abroad each year for the period 2004 to 2010, since 2001 REP. HONTIVEROS-BARAQUEL. Mr. Speaker, may

actually. So, just to return to my main question on this point, I know if there was a recommendation from the DFA to the

Mr. Speaker: how have the legal assistance and emergency Executive Secretary about this matter? Did the DFA

repatriation funds been spent and in what places. What is an recommend to the executive to endorse the Rome Statute and

initial assessment tonight as to how responsive the use of transmit it to the Senate?

these funds have been to the situation on the ground, Mr.

Speaker? REP. MANDANAS. I was informed that the mere fact

that it was already forwarded there, they have already

REP. MANDANAS. Mr. Speaker, again, I agree with effectively passed it on to the Executive Secretary’s Office.

my distinguished colleague that really, it is not only a matter

of money or budget, but really the compassion and respect REP. HONTIVEROS-BARAQUEL. I understand that,

that we have to show to our fellow Filipinos who are Mr. Speaker, but merely passing something on is not exactly

undocumented elsewhere. But just to have an idea also on the same as recommending that government endorse the Rome

what kind of constraints that our DFA really is facing, from Statute. I can live with whatever the DFA did or did not do,

over a hundred million, we were able to help only 2,788 in but may I please just know from the good Sponsor if the DFA

2007 and of that, just for the plane tickets and repatriation took this historic opportunity to recommend to the executive

only for 1,500, it already amounted to almost P74 million. that the Philippine government endorse the Rome Statute and

Cnsidering the impressive figure given to us by our transmit it to the Senate for ratification, Mr. Speaker?

distinguished colleague, it really just underscores the fact

that our compassion, although unlimited, would not be felt REP. MANDANAS. Mr. Speaker, the department has

on a very material level unless we really increase this budget recommended it, but as I said, as what they were mentioning

and unless we really insist on this, because last year we already to me, it is with the Executive Secretary and it is in the process

approved that the retention of the consular income be 25 of getting the opinion of the other departments.

percent, but it was vetoed. I think we should propose it again

and insist, Mr. Speaker, that the 25 percent be granted. And REP. HONTIVEROS-BARAQUEL. But still thank you very

that for these past five years, only 40 additional items to the much, Mr. Speaker, and the good Sponsor and the DFA need not

entire department was given, when they could easily absorb, be so modest about having recommended a historic statute and

and which we are recommending, at least 1,000, considering giving its his two cents’ worth to the whole Cabinet that this

the figures which were very ably aired by our energetic Rome Statute establishing the International Criminal Court should

Congresswoman, Mr. Speaker. And the full report, incidentally, best be transmitted to the Senate for ratification. I am very happy

on all of these will be provided. I just could not give this tonight that the DFA did not miss this historic opportunity. So I

tonight, Mr. Speaker. will close my interpellation for tonight, Mr. Speaker.

Thank you very much, Mr. Speaker, and thank you to the

REP. HONTIVEROS-BARAQUEL. Thank you, Mr. good Sponsor.

Speaker.

I will wait for that full report within the next few days. I REP. MANDANAS. Mr. Speaker, may I also extend my

agree with the good Sponsor that it is also a matter of gratitude to my distinguished colleague. She has been not

generating more and allocating even better, the limited only very informative but very inspiring, Mr. Speaker.

resources, but of course, and the good Sponsor probably

knows this well, there are also policy reforms that we can put REP. AGBAYANI. Mr. Speaker.

into place even beyond the budget which is, in itself, a very

important policy instrument. I hope that the coming global THE DEPUTY SPEAKER (Rep. Singson, E. ). The Floor

forum on migration and development will also be a very good Leader is recognized.

learning experience for all of us, for those of us working in

government and in the private sector, and especially with the REP. AGBAYANI. I move that the Honorable Liza Maza

inputs from the civil society participants, from the ranks of of Party-List Gabriela be recognized to interpellate the

overseas Filipinos themselves, and their support groups. distinguished Sponsor.

266 MONDAY, OCTOBER 6, 2008



THE DEPUTY SPEAKER (Rep. Singson, E.). The work authorization and assistance in getting employment in

Honorable Maza is recognized to interpellate the Sponsor. the US as a nurse.

On December 2005, Norma Baja took her regular

REP. MAZA. Thank you, Mr. Speaker. passport and accompanied her and a certain Dory to the

Good evening! DFA to apply for a new diplomatic passport as Ambassador

Baja’s personal employee. Baoanan was able to produce

REP. MANDANAS. Good evening! P250,000. She was issued a diplomatic passport and upon

arrival in the US in January 2006, she was told that she had

REP. MAZA. I would like to ask the Sponsor regarding to work for the Baja’s as domestic helper for six months to

the implementation of the Anti-Trafficking in Persons Act of pay off the remaining P250,000. From January to April 2006,

2003 because, according to this law, the DFA is responsible Baoanan claimed that she was made to work for 16 hours

for repatriating traffic victims and if, however, the repatriation daily, seven days a week, in the Baja household and was

of trafficked persons shall expose them to greater risk, the paid only a total of $100 for three months of work and

DFA shall make representations with the host government another $100 for taking care of Facundo’s son who, she

for the extension of appropriate residency permits and said, was allowed to hit her.

protection as may be permissible in the host country. In a similar case, there is one Arlene Gado, a Filipina

May I know from the Sponsor how many cases of domestic helper, who arrived in the US in 2005 after signing

trafficking were brought to the attention of the DFA, and what a contract in the Philippines to work for Anthony Mandap

actions were taken by the department? who was then Vice-Consul in the Consulate General of the

Philippines in San Francisco. Shortly after arriving in the US,

REP. MANDANAS. In 2007, a total of 238 human she was transferred to the household of Angelita Reyes.

trafficking cases were reported to the DFA by its foreign Angelita Reyes is Mandap’s mother-in-law and for whom

service post. Most victims were repatriated to the Philippines, she served as the Reyes’ domestic helper and caretaker for

while some opted to stay in the receiving countries to look two years but got a meager $250 to $325 a month for her

for new employment opportunities. These trafficking cases services. In May 2007, Angelita Reyes pleaded guilty to

were referred to the National Bureau of Investigation (NBI) charges of third-degree criminal restraint and was ordered by

and to the Inter-Agency Council Against Trafficking for the courts to pay $78,000 in back wages to Arlene Gado.

investigation and determination for basis of filing complaints These are two cases of Filipinas who, through the

for human trafficking. diplomatic privileges, were apparently exploited by our

Singapore reported the largest number of human diplomats in the US. So, first, I would like to ask if it is a

trafficking cases at 212, mostly cases of sex trafficking. Other common practice to give diplomatic passports to domestic

cases were reported: Malaysia, six cases; Thailand, one case helpers of Philippine diplomats.

of cybersex; Australia, one case involving trafficker arranging

marriages and slavery; in China; Hong Kong Commonwealth REP. MANDANAS. Probably, the word would be

of Northern Marianas and others. “official” but not “diplomatic” passport; they carry official

Mr. Speaker, I think the department would be most willing passports because they are part of the household. That is

to provide more details to our honorable Congresswoman the kind of passports they have. They have official

Maza of Gabriela. passports.



REP. MAZA. Yes, thank you, Mr. Speaker, for that REP. MAZA. So, this official passport is different from a

information. diplomatic passport?

Indeed, this issue is very much a concern of my party. I

am very glad that they have details on this. REP. MANDANAS. Yes, there is a difference because,

The Gentleman mentioned Singapore, and we are also for example, I think a government employee would have an

particularly concerned about Singapore. Just today, our party official passport, but only Members of Congress and members

filed a resolution to investigate trafficking cases in Singapore of diplomatic corps have diplomatic passports. So, there is a

because last week, two of the victims who were trafficked to difference between an official passport and a diplomatic

Singapore for prostitution came to us and told us about their passport.

case wherein allegedly and apparently, our officials in the

airport themselves were involved in trafficking. Of course, REP. MAZA. By definition, they now become employees

that is a concern of our party. But the next question that I of the government because they are given government

would like to ask the Sponsor is whether he is aware of the passports.

case of Marichu Suarez-Baoanan.

Just to update and familiarize the Sponsor on said case. REP. MANDANAS. They become, Mr. Speaker,

Marichu Suarez-Baoanan, last June 24, 2008, filed charges of employees of the ambassador, but then they are in the

trafficking, forced labor and racketeering against former UN household.

Ambassador Lauro Baja Jr., his wife Norma Castro-Baja, his

daughter Maria Elizabeth Baja-Facundo and the Baja-owned REP. MAZA. But they are given government passports,

Labaire International Travel, Inc. In her complaint, Baoanan not regular passports...

claimed that she was told by Norma Baja that she would

arrange for Baoanan to come to the US and work as a nurse REP. MANDANAS. Their passports will have to be

and that for P500,000, she would get a plane ticket, a US visa, official.

MONDAY, OCTOBER 6, 2008 267



REP. MAZA. Why is this so when they are supposed to REP. MAZA. May I then get a written update on the

be employees of the particular... case of Marichu Baoanan and also, if the good Sponsor can

also update us or submit a report on this.

REP. MANDANAS. Because they are members of the

household. It seems to be the practice, Mr. Speaker. REP. MANDANAS. Yes, we would provide the Lady

with a written report on that case. That could be provided by

REP. MAZA. May I know what is the total number of the DFA.

diplomats’ househelpers that were given diplomatic passports

and diplomatic visas? I assume that they were also given REP. MAZA. Another concern in relation to this case is

official visas? that it seems that, since the wife of Ambassador Lauro Baja is

involved with a travel agency, this travel agency is being used

REP. MANDANAS. They do not have any diplomatic precisely to recruit Filipinos for employment to the US. Have

visa, but we could give the honorable Congresswoman the they done an internal investigation on whether the members

list of the officicial ones, those with official passports if it is of our diplomatic corps are involved in businesses that also

requested. serve as conduits for trafficking, or are involved with agencies

such as travel and recruitment agencies? Surely, there will be

REP. MAZA. Thank you. a conflict of interests here.

I would appreciate any information from the department

on this. REP. MANDANAS. Mr. Speaker.



REP. MANDANAS. Regarding this particular practice? REP. MAZA. Because for example, in the case of Marichu

Suarez-Baoanan, she has given her full trust to Labaire

REP. MAZA. Yes, Mr. Speaker. International Travel Inc. It is because she knows that the

In the case of Baoanan and Gado, they were made to work husband of Norma Castro-Baja, who is one of the owners of

on jobs that were not actually in their contract. Is this not a clear Labaire International, is a diplomat and in fact, an ambassador

violation of their contract and thus, tantamount to trafficking? of the UN. Therefore, she applied for placement as a nurse in

the US through Labaire International Travel.

REP. MANDANAS. Mr. Speaker, I got a note that the

case is now in court. If I am not mistaken, this is the one of REP. MANDANAS. Mr. Speaker, I was informed that

Marichu Baoanan. the DFA was and is not aware of this involvement of Mrs.

Baja to this particular agency mentioned by my distinguished

REP. MAZA. Yes, I know that it is now in court. And I colleague. Definitely, the department, though, is aware of the

also know that former Ambassador Baja invoked diplomatic Anti-Graft Law which, of course, is against conflict of interest.

immunity. What is the view of the DFA on this, when one of So far, they have not received any complaint against said

our diplomats would be involved in cases such as this which travel agency, or it has not been brought to their attention,

is not, in any way, connected with his or her official functions, Mr. Speaker.

and invokes diplomatic immunity?

REP. MAZA. Mr. Speaker, I am surprised that the DFA

REP. MANDANAS. Mr. Speaker, there was an official has no knowledge about Labaire International Travel Inc.

report that the Philippine mission is not aware of any request because when this issue came out, this merited a headline

from any party for the Philippine government to waive the from no less than the Philippine Daily Inquirer. And our

diplomatic immunity of former Ambassador Baja. I think he is party, also through this Representation, issued a statement

already retired. calling attention to such conflict of interest, which also merited

a front-page article from the same newspaper.

REP. MAZA. So, is the Gentleman saying that he has

diplomatic immunity right now because there is no request to REP. MANDANAS. Mr. Speaker, I do not know if I am

waive diplomatic immunity? right that all these things came out after the retirement of

Ambassador Baja. And from an official point of view, the

REP. MANDANAS. Yes, there is no request to waive the department did not receive any complaint. Although, of

diplomatic immunity, Mr. Speaker. course, everybody is aware probably through the newspaper,

but not as intimately, probably, as my honorable colleague.

REP. MAZA. As a matter of fact, for the information of Definitely, she will be provided with all the information that

the good Sponsor, our party, which has taken a keen interest has reached officially the DFA. Likewise, I am sure the

on this case, has taken the position that the DFA should department will welcome any information coming from the

waive the diplomatic immunity of Ambassador Baja. honorable Congresswoman.



REP. MANDANAS. Mr. Speaker, I was informed that if REP. MAZA. Mr. Speaker, is the department one with me

Ambassador Baja would invoke diplomatic immunity, the court in seeing this case as very disturbing because, surely, it is

would ask for confirmation, of course, from the Philippine very clear in the Baja case that there is a conflict of interest,

mission there. So far, the Philippine mission is not aware of any and that it will serve the DFA and the Filipino people well if

request. Therefore, we are not sure, or the Philippine mission the DFA will conduct an internal investigation whether some

is not sure, whether it has been invoked or not. of our diplomats are using their consular privileges for money-

268 MONDAY, OCTOBER 6, 2008



making ventures and in the process, victimizing our mentioned in Okinawa, if I may make that point because it

kababayan. was mentioned, the girl who was raped is still in Okinawa, Mr.

Speaker. And she is represented by a lawyer appointed by

REP. MANDANAS. Mr. Speaker, I think we should the DFA. Mr. Speaker, that is why I believe that this budget

categorically state, and the DFA is quite explicit with regard should not have been reduced for 2009. The budget for legal

to this, that the Philippines wishes to stress that it does not assistance has been reduced by P10 million, Mr. Speaker. I

tolerate and it views with serious concern any allegation of think it should not be reduced but it should be increased so

abuse committed by any of its diplomats against their private that they can continue being able to give assistance. In other

staff in the light of its consistent position against trafficking, words, not advise at all. She is still there and the DFA got a

slavery and forced labor. Nevertheless, this might be an lawyer for her, Mr. Speaker.

isolated case, but still we can rest assured that the department

is concerned. The case is now in court and so, the DFA could REP. MAZA. Yes, I am indeed glad that she is still there.

not, even it wants to, discuss its merits categorically. It really But I would like also to note that it was only after the family

considers seriously any allegation of abuse committed by any and after the advocates raised their voices that the DFA really

diplomat against their private staff, Mr. Speaker. took concrete measures to help Hazel, the rape victim in

Okinawa.

REP. MAZA. Aside from that, my concern, Mr. Speaker, But let me go now to the point that I want to raise

is for the DFA to look into our representatives abroad and regarding this issue. I want to know if the DFA has a program

find out whether they are using their privileges or their for women’s education and gender consciousness-raising

positions for personal gain or for profit. Our representatives for the members of the DFA community who are stationed in

might be involved with recruitment agencies, or perhaps their countries around the world. Do they have a regular

relatives might be owning recruitment agencies and using their consciousness-raising education program so that our

connections with the embassies and the diplomatic representatives can better appreciate the problem of rape and

communities in transporting our kababayans for jobs in other sexual abuse experienced by our OFWs?

countries.

REP. MANDANAS. Mr. Speaker, the answer is really

REP. MANDANAS. Mr. Speaker, without passing yes. They have. The department has. Probably, the curriculum

judgment on anyone, without knowing all the information could be given to the honorable Congresswoman by the

regarding any particular case, I would like, on behalf of DFA, Foreign Service Institute, which is an attached agency, with

to reassure every Filipino that it is a constant concern of the regard to gender and women concerns, Mr. Speaker. It is there.

department and that the department also wants to request It is part of the department ‘s program, Mr. Speaker.

that it be made an isolated case as far as the Philippine

government is concerned. It would be unfair if all the Filipino REP. MAZA. Mr. Speaker, I would suggest that the

diplomats would be suspected of any alleged sin or anomaly department reviews its program. From my experience in dealing

at all. But the vigilance is well taken. We also assure the with the cases that were brought to us, indeed, we found out

honorable Congresswoman that the department, especially that there is a very low level of appreciation regarding gender

under the leadership of Secretary Romulo, is quite sensitive issues and especially, all the traumas and all the problems

to this particular case and really gives it full attention. that victims of sexual violence undergo. So that is my

suggestion.

REP. MAZA. Thank you for that assurance, Mr. Speaker.

I would like to go on to my next point and this is regarding REP. MANDANAS. I would communicate that, Mr.

our Filipinas, our kababayans who become victims of rape Speaker, and I am sure they have heard the concerns of our

and sexual abuse in other country. I would like to cite the honorable Congresswomen about women, which are very

case of Grace who was raped in Qatar, and Hazel who was valid. They have heard about these concerns and I am sure

raped by an American soldier in Okinawa. I am being involved they will review these. And likewise, attached to this, if the

in these two cases personally because these women have Congresswoman would also join me, is giving our DFA

approached our party for assistance regarding their cases. I employees permanent items, Mr. Speaker. I think she is with

noticed that the first impulse of our ambassadors or our me, so that they would improve their dedication––not that

representatives abroad is to advise the victims to go home they did not have it, but on the their side, it would also help,

and not to file charges anymore. In the case of Grace who Mr. Speaker.

was raped in Qatar, the advice of the consul was for her to go

home and not to file charges because the rationale or the REP. MAZA. Thank you for that, Mr. Speaker.

justification is that it is very hard to file charges abroad. In My next question is regarding our properties abroad. As

the case of Hazel also, our consul also advised her to just go part of the special provisions of the DFA, the DFA Secretary

home. So, is this the policy of the DFA––to advice the victims has the authority to dispose through sale or exchange, swap

of rape and sexual abuse not to pursue cases in the countries and acquire properties in foreign posts. Is this correct?

where they were abused?

REP. MANDANAS. It is in the special provisions, Mr.

REP. MANDANAS. Mr. Speaker, I think at the outset, it Speaker.

should be clearly stated that it is not a policy of the department

to advise victims to go home; rather it is to seek justice. And REP. MAZA. Yes. I think that this is a very powerful

here the department really helps. For example, the case authority. And I would like to know if the DFA has an inventory

MONDAY, OCTOBER 6, 2008 269



of Philippine properties abroad and/or records of sales, REP. MANDANAS. Mr. Speaker, I believe that really, if

exchanges, swaps that were done in the past, or swaps and that is a motion, that is also part of our request that we

sales that it plans to do in the future, and if the good Sponsor regularize them. As I was mentioning earlier, since 2004, only

can provide us with a report on this. 40 new items were granted, and we have another request.

Upon approval of this budget, Mr. Speaker, we will have 1,000

REP. MANDANAS. Yes, Mr. Speaker. I just want to point items. We will incorporate 1,000 items already, and we could

out, Mr. Speaker, that that is a special provision. Nevertheless, really regularize all the Civil Service eligibles, all who have

we would also want to point out that these are subject to all gone through training. It is really unfair. I agree with the

existing laws of our country. Meaning, it is not a stand-alone distinguished Lady especially because in the Middle East,

provision but it is also covered, when it comes to acquisition that is where we have a lot of overseas Filipino workers who

or swap, by other laws; that he is not just on his own but he really need attention. Those who will attend to them really

is the one who implements it. But in the implementation, Mr. deserve to have a permanent item, and not as casual for so

Speaker, he has to comply with all the other rules when it many years in spite of the fact that they are civil servants

comes to disposition, swap, rent, lease. We have a specific and they have been trained, Mr. Speaker. So there will be1,000

Republic Act, for example, for acquisition. So that has to be items when we approve this budget, Mr. Speaker.

followed, Mr. Speaker. In other words, he is just the one

implementing it, Mr. Speaker. In so doing, the Secretary is REP. DUMARPA. Thank you very much, Mr. Speaker.

subject to all existing rules and regulations of our country. Second, there is a need to retool or reinvent Muslim

workers recently working in the DFA than continue branding

REP. MAZA. Thank you for that clarification. them unfits. Has the DFA devised a program or training to

Nevertheless, this Representation would like to get a improve the quality of Muslim staff and employees in the

report on this specific authority given to the Secretary. foreign service?

Mr. Speaker, I raised this question because there was a

REP. MANDANAS. Yes, Mr. Speaker. As a matter of time in the DFA when Muslim staff and employees were

fact, probably with the COA reports also. encouraged to attend schooling. Foreign service and relevant

trainings were offered at the Foreign Service Institute (FSI).

REP. MAZA. That is all for now. For example, if we need more Shariah lawyers, we train the

Thank you, Mr. Speaker. staff of the DFA and they need not have to be a lawyer by

profession. I pretain to the actual condition in the foreign

REP. MANDANAS. Thank you also for bringing those service. There are unfits because at times, the staff are

things up, Mr. Speaker. assigned jobs which waste their effectiveness or brand them

inefficient, with tasks that make them unhappy or waste them

REP. AGBAYANI. Mr. Speaker. and declare them unfits. Their superiors do not even comment

ot report the outstanding performance of these staff doing

THE DEPUTY SPEAKER (Rep. Singson, E.). The Floor service to the country and to the people.

Leader is recognized.

REP. MANDANAS. Mr. Speaker, frankly speaking,

REP. AGBAYANI. If the distinguished Member from the because of our concerns right now of protecting our

Party-List Gabriela would move to terminate the period of nationals, the DFA is one of those departments that really

sponsorship and debate, the majority will join her. puts a lot of premium on our Muslim brothers and sisters.

As a matter of fact, the one in charge of personnel, a lady

REP. DUMARPA. Mr. Speaker. and a Muslim at that, an assistant secretary, is the one

handling all these people. The overall in charge of personnel

THE DEPUTY SPEAKER (Rep. Singson, E.). The and administration is a lady Muslim, Mr. Speaker. So, that

Honorable Dumarpa is recognized. shows that is really being taken care of. And she is the one

who really, I would say, pushed for this inclusion of 1,000

REP. DUMARPA. Thank you, Mr. Speaker. I also thank items so that the Civil Service eligibles will get an item. Of

my colleague, the Sponsor of the budget of the DFA. course, we have an assistant secretary also for Muslims,

Mr. Speaker, I have here some prepared questions on the specifically for Mindanao. Mr. Speaker, I just want to mention

DFA. that they are considered premium even by the department.

First, there are no less than 60 Muslim employees hired

since 2001 to 2008, and many of them with appropriate Civil REP. DUMARPA. Thank you very much, Mr. Speaker.

Service eligibility but up to now, they are still casual Third, what has DFA done on the unattended and

employees. When will these people be given permanent items? nagging complaints of the DFA personnel on the double

I asked this question, Mr. Speaker, because, if these liquidation of advanced money duly spent on authorized

qualified Muslim casual employees are issued regular expenditures at post or foreign establishments? I am asking

appointments, their special skills can be utilized abroad in or raising this question because there were incidents where

protecting the rights of the Filipino workers, particularly Filipino receipts and invoices were given to post-finance officers but

Muslims, in the Arab countries or in any Islamic countries. the finance officers did not submit them for liquidation and

Our offices in the foreign service need the expertise of remained an accountability of the person who advanced the

these people in our embassies located in the Middle East or money. Oftentimes, those seeking clearances for posting

in the Arab countries, Mr. Speaker. abroad have to pay the accountability from their allowances

270 MONDAY, OCTOBER 6, 2008



just to get posted or promoted when those money advances and we have so many lawyers in the DFA. Are they not aware

are the proper accountability of finance officers. Many officers of a reglementary period of one year? That was in 2005 and it

are involved in this kind of dilemma. For many decades, this is already 2008. Is this not a violation of the so-called due

has been going on and is uncorrected. process and speedy trial?

In Tatad vs. Sandiganbayan, a case was filed against Tatad

REP. MANDANAS. Mr. Speaker, I was informed that after two years of investigation. Anong nangyari? It was dismissed

the department has really taken action on this. The whole kasi it was really a violation of due process. I am now asking the

report, including the COA report, will be given to the honorable DFA on the status of this case filed against Mr. Batua when, in

Congresswoman. But just to mention that the cash advances fact, that case was investigated way back in 2004, and he was

have substantially been reduced in this effort by 61 percent given a clearance from the post in 2005, and now, again, it was

already. From P58 million in January 2008, now, it is only P22 filed in 2008.

million. But the points are well-taken. The reports of the COA

and also of the department will be given to the honorable REP. MANDANAS. Mr. Speaker, I think the query is

Congresswoman. quite valid, and the issues raised are really significant. May I

request our honorable Congresswoman, if it is possible, for

REP. DUMARPA. Yes, Mr. Speaker. I hope this will be that to be discussed in private later?

corrected, not only 60 percent but 100 percent.

REP. DUMARPA. I agree to that, Mr. Speaker.

REP. MANDANAS. I have a piece of paper here, Mr.

Speaker, that says that it will be not only reduced but totally REP. MANDANAS. Thank you very much, Mr.

eliminated. Speaker.



REP. DUMARPA. All right. SUSPENSION OF SESSION



REP. MANDANAS. An attempt would be for that one THE DEPUTY SPEAKER (Rep. Singson, E.). The Chair

and how it is being done, the system and all, will be given to declares a suspension of the session.

the Lady.

It was 8:24 p.m.

REP. DUMARPA. Thank you very much.

The last, but not the least, Mr. Speaker. This question RESUMPTION OF SESSION

may be considered as too parochial. I just want to inform the

honorable Secretary of the DFA about this matter which I At 8:26 p.m., the session was resumed.

have requested, if he can still remember, when we were

together in an airplane going to Libya, I think, a year ago or THE DEPUTY SPEAKER (Rep. Singson, E.). The session

almost two years ago. This is about my request for the is resumed.

assignment of Mr. Arkia Batua. He has promised me that, for The Honorable Dumarpa will continue. I am sorry, I think

as long as the three-year requirement stay in the mother office it will now be the Honorable Maza.

is completed, that has to be granted.

Mr. Speaker, to my surprise, on November 2007, I was REP. MAZA. Mr. Speaker, on behalf of the minority,

informed by no less than his Undersecretary Bahjin that a there being no more interpellators from the minority, I

prepared assignment order of Mr. Batua is for the signature respectfully move that we terminate the period of sponsorship

of the Secretary. I have been waiting for that and then, I and debate on the budget of the DFA.

visited the office of the Secretary. I was entertained by his

senior officer, I think the chief of staff, only to find out that REP. DUMARPA. Mr. Speaker, there being no Member

this is not to be signed by the Secretary because of some of the majority who manifested to interpellate, we join the

problems. So I told the senior staff that unless he will show manifestation of the minority to terminate the period of

me that a case was filed against Mr. Batua, then I will believe sponsorship and debate.

that there is a case against Mr. Batua. Thank you, Mr. Speaker.

Again, to my surprise, the reason for not signing the

assignment order of Mr. Batua is a clearance order from the THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

Ombudsman. So, I told Mr. Batua about the clearance and any objection? (Silence) The Chair hears none; the motion is

so, Mr. Batua got a clearance from the Ombudsman. approved. (Applause)

Sometime in February of 2008, again, I was surprised, that I

was given a letter coming from the Undersecretary for SUSPENSION OF SESSION

Administration that a case was filed against Arkia Batua,

despite Arkia Batua having secured a clearance from the REP. AGBAYANI. Mr. Speaker, I ask for a few minutes

Ombudsman. suspension of the session.

What was that case? It was a case way back in 2004. But

Mr. Batua was given a clearance from the post way back in THE DEPUTY SPEAKER (Rep. Singson). The session is

2005. When he was issued a clearance, ibig sabihin, walang suspended for one minute.

kaso, he was cleared of the 2004 case. Why only now that the

case was filed after the investigation in 2004. I am not a lawyer, It was 8:27 p.m.

MONDAY, OCTOBER 6, 2008 271



RESUMPTION OF SESSION and in the executive category, it will increase their pay

from 71 percent to 142 percent. Is the Sponsor aware of

At 8:30 p.m., the session was resumed. such gap between the lower-paid government employees

and the executive employees?

THE DEPUTY SPEAKER (Rep. Singson, E.). The session

is resumed. REP. CUA (J.). Mr. Speaker, my understanding is that in

The Floor Leader is recognized. the proposed SSL III, the salary grades will continue to be

observed and there will be 33 salary grades. If what is being

REP. AGBAYANI. Mr. Speaker, I move that we take up referred to by the Lady is that there will be a gap between

now the budget of the Department of Budget and Salary Grade 1 and Salary Grade 33, certainly the gap is going

Management (DBM) and that the honorable and to be big because there are so many salary grades in between.

distinguished Chairman of the Committee on Appropriations, But what is going to be a fundamental point in this salary

the Honorable Junie E. Cua, be recognized and likewise, the standardization is that we would like to achieve a parity

Honorable Liza Maza to interpellate the Sponsor. between the government sector and the private sector. In other

words, as much as practicable, we would like to make the

THE DEPUTY SPEAKER (Rep. Singson, E.). There is salary scale that we pay for government employees

a motion to take up the budget of the DBM. competitive with that of the private sector.

Is there any objection? (Silence) The Chair hears none; It will be observed that, if this SSL III will be implemented,

the motion is approved. there will be a closer parity at the lower echelon between

The Honorable Cua, who is the Chairman of the government and private. But in the executive level, Mr.

Appropriations Committee, will sponsor and the Honorable Speaker, it is really difficult for government to compete with

Maza will make the first interpellation. the private sector. In other words, when we look at the salary

scale after the adjustment under SSL III, our government

REP. MAZA. Thank you, Mr. Speaker. executives, let us say, assistant secretary and undersecretary,

I would like to ask the Sponsor regarding the proposed would still find difficulty being competitive with the private

budget for personal services. From the proposed budget, sector because multinationals really can afford to pay their

personal services increased by 11.9 percent or P45 billion in executives a much higher salary.

this year’s P384.8 billion to P429.7 billion in 2009. I would like The point is, whether the gap will widen, I think that is

to know if this increase already incorporates the initial salary really unavoidable, but what we are saying is, even if the gap

adjustments under the proposed Salary Standardization Law has widened at the lower echelon, medyo comparative na

III? siya sa private sector.



SUSPENSION OF SESSION REP. MAZA. Ang problema ko, Mr. Speaker, is that, for

example, for one who is in Salary Grade 1, the amount of

REP. CUA (J.). Mr. Speaker, I ask for a suspension of the increase, for example, is P1,851, whereas an employee who is

session. in Salary Grade 33, ang increase niya ay P50,122. My idea of

any salary increase is that it should be within the framework

THE DEPUTY SPEAKER (Rep. Singson, E.). The of social justice. Ang problema rito sa proposal ng SSL III is

session is suspended. that, Mr. Speaker, nagbi-benchmark tayo sa private sector,

and we know kung ano ang workings ng private sector, hindi

It was 8:33 p.m. po ba? Essentially, magkaiba ang character ng private and

public sector. Ang private sector is essentially profit-oriented,

RESUMPTION OF SESSION whereas the public sector is supposed to be service-oriented.

Kaya ang premise na iyon ay kuwestiyonable para sa

At 8:33 p.m., the session was resumed. Representasyong ito. At kung makikita nga natin, medyo

scandalous ang gap doon sa increase ng Salary Grade 1 at

THE DEPUTY SPEAKER (Rep. Singson, E.). The saka ng Salary Grade 33.

session is resumed. But having said that, I would like to know how many

employees are expected to benefit from the SSL III and whether

REP. CUA (J.). Mr. Speaker, yes, there is a provision for the employees who work for the government, specifically

the initial requirement of the Salary Standardization Law III those who are performing similar jobs but are not regular

and this is in the amount of P20 billion. employees, those who are employed under the job order

arrangement, will they benefit from the Salary Standardization

REP. MAZA. Is the Sponsor aware that the proposed Law?

measure will increase the basic pay of government

workers? However, it will also effectively increase the gap REP. CUA (J.). Mr. Speaker, ang kasama rito sa Salary

between the lowest level employees and the highest Standardization Law ay ang mga regular and casual

officials. I would like to draw the Sponsor’s attention to employees, at ang mga contractual employees ay hindi

the fact that the proposed Salary Standardization Law III kasama.

(SSL III) will increase the pay of those in the Mr. Speaker, let me go back to the other point which is

subprofessional category by 28 percent to 36 percent; in the gap between the lower echelon and the high-ranking

the professional category, by 38 percent to 101 percent; officials. In the present Salary Standardization Law, the

272 MONDAY, OCTOBER 6, 2008



difference between salary grades is irregular, and to be core function of these departments. I would like the

equitable and to be orderly, it is important that the difference department to look into this and see whether the workers in

between salary grades be made uniform. In the process of government are being shortchanged by this arrangement. I

making it uniform, the gap is set at eight-and-half percent would respectfully suggest that the department look very

every salary grade. Habang tumataas, ina-add natin ang eight- closely into this problem.

and-half percent na iyon kaya pataas nang pataas, kaya pag

dating sa itaas ay medyo malaki na ang gap. But even then, REP. CUA (J.). We will do that, Mr. Speaker.

wika ko nga, kahit na ina-add natin iyan at lumalaki, sa

bandang dulo at doon sa higher echelon ay hindi pa rin REP. MAZA. My next question is regarding the

makaka-compete sa private sector. implementation of RA 9173 or the Nursing Law of 2002.

Anyway, the other question is how many will be affected.

I think there are about 1.2 million government employees, Mr. REP. CUA (J.). May I beg your pardon?

Speaker.

REP. MAZA. This is about the Nursing Law of 2002,

REP. MAZA. Ilan ho ba ang contractual employees RA No. 9173, which actually provided for an increase of the

ngayon at ang mga employees hired under job orders? salaries of nurses to Salary Grade 15. But up to now, this law

has not yet been implemented. The salary of nurses has not

REP. CUA (J.). The contractual employees would be been raised to Salary Grade 15. May I know why this law,

about 14,000, Mr. Speaker. which was enacted in 2002, up to now, is not implemented.



REP. MAZA. What about those who are under the job REP. CUA (J.). Mr. Speaker, I was made to understand

order arrangement? that, while the RA which the Lady has mentioned has upgraded

the salaries of nurses to Salary Grade 15, the department at

REP. CUA (J.). It is difficult to ascertain the number of this instance is still studying the matter because under existing

employees hired under the job order arrangement because law, the salary grade for medical officers is still Salary Grade

their compensation is charged to MOOE, Mr. Speaker. But if 14. And if we would be implementing that RA, we will end up

the Lady would like to get the figure, we will make extra effort with a situation that is a bit awkward because the nurses

to find that out. would be receiving higher salaries than medical officers.

Having noted this kind of distortion, the department is still

REP. MAZA. Thank you, Mr. Speaker. finding ways on how this anomaly could be addressed and in

I have taken a particular interest in this because it seems due time, Mr. Speaker, the department will try to resolve this

that there is now a growing number of contractual workers, issue.

of course, with very insecure jobs. Another trend that I have

observed is a growing number of workers who are under job REP. MAZA. Mr. Speaker, I hope that the department

orders, and these jobs are more insecure and even have less will indeed seriously look into this matter because this law

benefits compared to the contractual and the regular jobs. It has been in existence for many years and up to now, this is

seems that there is a growing trend of employing workers or not being implemented. I think personally that there is really

government employees under job orders, which are a very an administrative and criminal neglect already being committed

insecure kind of arrangement. I would also like to look into against these nurses.

this and whether it is a policy of the government now to

increasingly hire employees under contractual or job order REP. CUA (J.). Yes, Mr. Speaker. We are seriously looking

arrangement. into that, and I think bringing that matter to light really is well-

taken. But I guess that when we approve the SSL III, this

REP. CUA (J.). Mr. Speaker, I agree with the Lady would rationalize everything. Under SSL III, we would be able

that under that arrangement, there is really less security to correct and address that particular distortion and anomaly,

of tenure, it being contractual. But I guess this arises such that we would avoid a situation where nurses would get

because of the nature of the work or the nature of the higher salaries than doctors. So, it is important that we fast-

engagement because there are activities that may not be track SSL III. I would like to mention, at this juncture, that the

that permanent and therefore, the nature of engagement next major agenda of the Committee on Appropriations would

and employment would somehow need to be less be the Salary Standardization Law III .

permanent, Mr. Speaker.

REP. MAZA. Just to comment on that. Kung maitataas

REP. MAZA. On the contrary, that is not what is natin ang suweldo nila sa ilalim ng SSL III, maliit lamang ito.

happening, and I would like to cite the case of the workers in Magiging maliit lamang dahil hindi pa rin nai-a-adjust ang

Intramuros. They were hired by the Intramuros Administration kanilang base pay according to RA 9173. But then, I hope

and recently, from contractual workers, they were rehired as that the DBM will look into this and will really study on how

job order workers and they were performing the same work we can finally implement RA 9173. Kasi marami na pong mga

which is very essential to Intramuros. They were the ones kababayan nating mga nurse ang napipilitang lumabas ng

maintaining the property. They are gardeners, maintenance bansa dahil nga sa mababang sahod ng nurse dito. Kaya’t

people, whose work is very essential to Intramuros. That is sana ay finally, maibigay natin ang makatao at makatarungan

why I disagree that the work being done by those who are na sahod para sa ating mga nurses ng gobyerno.

employed under job order arrangement is actually not the Iyon lamang po at maraming salamat sa Sponsor.

MONDAY, OCTOBER 6, 2008 273



REP. CUA (J.). Maraming salamat rin po. REP. ANTONINO-CUSTODIO. Mr. Speaker, that is quite

Ang mungkahi po na iyan ay very well-taken. It will be sad because in budget deliberations, we obviously want to

addressed properly by the DBM. understand the whole budget process and the reasons for

the allocation of the budgets for the different agencies. But

THE DEPUTY SPEAKER (Rep. Singson, E.). The Sr. Dep. without a copy of the MTEF, Congress will never really

Majority Leader is recognized. understand why the DBM is allocating a certain amount to a

certain agency or to a certain program the way that the DBM

REP. GONZALES (N.). Mr. Speaker, next to interpellate has understood it.

the distinguished Sponsor is the Deputy Minority Leader,

the Honorable Darlene R. Antonino-Custodio. REP. CUA (J.). Yes, Mr. Speaker. The Lady is correct on

May I therefore ask for her recognition. that. We will try to set maybe separate sessions so that all of

these things can be explained lengthily, Mr. Speaker, in the

THE DEPUTY SPEAKER (Rep. Singson, E.). The absence of a published literature on that point.

Honorable Darlene Antonino-Custodio is recognized.

REP. ANTONINO-CUSTODIO. Thank you, Mr.

REP. ANTONINO-CUSTODIO. Mr. Speaker. Speaker.

I will not try to push the point. However, I hope that, in

THE DEPUTY SPEAKER (Rep. Singson, E.). She may the next budget season, this will be actually available

please proceed. especially to the members of the minority.



REP. ANTONINO-CUSTODIO. Mr. Speaker, in the REP. CUA (J.). Thank you.

DBM Circular 2008-2, which is basically the budget, I Yes, we will do that, Mr. Speaker.

remember that basically identifies the priorities of this year’s

budget. One of the things that was lengthily mentioned was REP. ANTONINO-CUSTODIO. Mr. Speaker, it also said

actually the Medium-Term Expenditure Framework (MTEF). in the circular that the priorities for funding are actually

However, this Representation was not actually able to get a infrastructure, basic education, health, science and technology

copy. This does not seem to be included in the books that are and agricultural development. Is this correct?

given to this Representation.

REP. CUA (J.). Yes, Mr. Speaker, that is what we call

REP. CUA (J.). Mr. Speaker, I was made to understand “HEART” for health, education, agriculture, road, technology.

that the material referred to by the Lady has not been included

as part of the submission because they are still refining it. In REP. ANTONINO-CUSTODIO. Mr. Speaker, may I ask

due time, when it is finished, we will be furnished copies of how much basically is being spent for each of these? I am

that. sure the DBM actually has a total amount for each of these

priority sectors.

REP. ANTONINO-CUSTODIO. Mr. Speaker, that is a little

bit bothering since it is basically the framework from which REP. CUA (J.). Mr. Speaker, we do not have the absolute

the budget is supposed to be made, am I right in my figures here but some of the data expressed in percentages...

understanding?

REP. ANTONINO-CUSTODIO. I am sorry, Mr. Speaker,

REP. CUA (J.). Yes. Mr. Speaker, the Lady is correct in her did I understand that correctly that the DBM does not actually

assertion that it is not yet submitted as this is still being have the exact figures for each and every...

processed. But what the DBM has are estimates, of which

some are also being used. REP. CUA (J.). No, I mean these are not expressed in

absolute figures, but in percentages. Anyway, Mr. Speaker,

REP. ANTONINO-CUSTODIO. Mr. Speaker, it says here in the case of agriculture for example, there is an increase of

in the circular that actually some of the elements compose 56.3 percent, from P25.4 billion to P39.7 billion. In the case of

tthe paper on budget strategy, as well as the forward estimates health, health is allocated at P27.8 billion and it is supposed

(FEs), and it is through this MTEF that will ensure that the to be 37 percent higher than 2008 budget. In the case of the

budget preparation is driven by strategic and policy priorities DSWD, it will be P10.5 billion from P4.9 billion, or an increase

and disciplined by revenues. These are some of the reforms of 114.7 percent. In the case of education, including the school-

that the DBM has actually administered in the past. This was building program, the increase will be 12.5 percent from 2008

actually incorporated in 2007, if I am not mistaken. Mr. Speaker, level. And for the Department of Public Works and Highways

I am just wondering: is this the framework that DBM is using? (DPWH), from its 2008 level, it will increase by 17.2 percent,

Mr. Speaker, in absolute terms, from P102.4 billion to P120

REP. CUA (J.). That is correct, Mr. Speaker. It is the billion.

framework. The Lady is right, Mr. Speaker.

REP. ANTONINO-CUSTODIO. Mr. Speaker, I did not

REP. ANTONINO-CUSTODIO. It is the framework that hear the absolute terms for education.

DBM is using, however, this framework is not yet available.

REP. CUA (J.). The education budget increased from

REP. CUA (J.). It is not yet published, Mr. Speaker. 149.2 percent to 167.9 percent.

274 MONDAY, OCTOBER 6, 2008



REP. ANTONINO-CUSTODIO. And these are the Mr. Speaker, nakita rin po natin sa mga budget circulars,

priorities basically of this budget as stated by the budget call actually, there are certain reforms for us to attain what we call

as well as the President’s budget message. Am I correct, Mr. “balanced budget.” And, as a matter of fact, Mr. Speaker, this

Speaker? has been, what it seems, a moving target for this

administration. The first time that I have heard the “balanced

REP. CUA (J.). Yes, the Lady is correct, Mr. Speaker. budget” was supposedly in 2006, and then this was moved

to 2009, and now is again being moved to 2010. Ang tanong

REP. ANTONINO-CUSTODIO. And is this reflective po natin, Mr. Speaker: Kailan po magiging totoo o kailan po

in terms of the money it has allocated for each of these sectors? natin talaga tatamaan itong target na ito kung naka-strike two

na po tayo dahil, obviously, the 2009 budget will not actually

REP. CUA (J.). Yes, Mr. Speaker. give us a balanced budget, and as a matter of fact, we are

actually expecting a higher deficit than we initially proposed

REP. ANTONINO-CUSTODIO. These just seem measly here when the President submitted the budget.

compared to the P300 plus billion in interest that we will be

paying and the more than P300 billion as well that we will be REP. CUA (J.). Mr. Speaker, before I answer that

paying for debt servicing. Mr. Speaker, when we talk about question, let me make a statement on the claim that the debt

priorities, when we say that this is our top priority, we usually stock has been increasing in absolute amount.

see that in terms of allocation. Pero mukhang ang pinaka- I will agree that the debt stock has increased in absolute

priority po talaga ng ating budget is actually debt service amount, but the measure of debt service really is not on

because a little over P600 billion will actually be paid to debt absolute amount but rather on its ratio of debt stock to GDP,

service. and this ratio has been going down.

On the other issue, kailan tayo magba-balanced budget

REP. CUA (J.). Mr. Speaker, to certain extent, that finally? If we will recall, Mr. Speaker, early on, when President

statement is correct because as we all know, our debt stock Arroyo took office in 2004, ang original target talaga ng

has accumulated over time. But what is heartening to note is balancing of budget was in 2010. Iyon talaga ang original na

that this ratio of debt service to total budget has been target. But, as we moved along, ipinasa natin ang RVAT at

decreasing. And if we will note, for 2009, interest payment to itong pagpasa natin ng RVAT allowed us to increase our

total budget will be 21 percent; this year, it is 22 percent; revenue collection substantially. We became confident na ang

before that, it was 23 percent. There was a time when this was 2010 na target ay baka makuha natin nang mas maaga. Kaya

over 30 percent, even close to 40 percent. So, we really have supposedly, dito sa 2008 budget ay magbabalanse na sana

gone a long way in trying to address our debt service problem tayo, but unfortunately, nagkaroon ng krisis, tumaas ang

and we are now investing more on infrastructure and social presyo ng krudo, ng pagkain at ng ibang metals at ibang

services, Mr. Speaker. commodities. We were left with no choice but to change our

target and move it again to 2010.

REP. ANTONINO-CUSTODIO. Mr. Speaker, I am thinking, Mr. Speaker, financial management or deficit management

because we will be borrowing another P400 plus billion actually must be something dynamic. Kung kinakailangan nitong

to finance P300 billion na utang, and, of course, finance the mabago ng kaunti ay kinakailangang gawin natin para hindi

deficit in other parts of the budget. Kaya ang babayaran lang tayo ma-dislocate ng husto.

po natin na principal is about P300 plus billion. So, we are

actually accumulating another P100 billion in debt this year. REP. ANTONINO-CUSTODIO. Punto ko lang naman

po roon, Mr. Speaker, is that sana magkatotoo nga iyong

REP. CUA (J.). What is happening, Mr. Speaker, is that pag-hit sa target because apparently, for the past five years

we borrow to retire the principal. In other words, this is just a we have actually been missing that target.

refinancing or a rollover. But the net borrowing has been I am glad the Gentleman mentioned that it was in 2004

getting smaller. In fact, the figure shows that the net borrowing that the President actually said that “Indeed, we will need to

for 2008 was supposed to be 92.7 percent; and in 2009, it will address our…,” at that time it was not yet a fiscal crisis, but

go down to 58.21 percent. It would seem that the gross we needed to address, basically, the deficits that are yearly

borrowing is big but what is significant here is the net being incurred by the national government.

borrowing. The net borrowing has been going down as we One of the things that the President actually proposed,

are able to manage our deficit from P200 plus billion, three or in order for us to see this balanced budget, was actually a

four years ago. This year we are targeting P75 billion. But as very noble cause and it was articulated by Administrative

of end August, our deficit figure is only about P32 billion, Mr. Order (AO) No. 103. I am sure the Sponsor is familiar with

Speaker. this.

Mr. Speaker, this was issued in August 2004. Dito po sa

REP. ANTONINO-CUSTODIO. Mr. Speaker, I will not austerity measures na ito, magkano na po ang nasi-save? I

dwell too long on the issue as it has been propounded as well mean, is this still in effect? Or was this order rescinded already?

during the debates on the General Principles. However, let me

just note that, Mr. Speaker, at the end of 2001, our outstanding REP. CUA (J.). Mr. Speaker, that austerity measure is still

liability was around P2.1 billion and now it stands at around in place.

P3.8 billion, an increase of about more than a billion na dagdag

utang na hindi pa po nababayaran for 2006. But, as I said, I REP. ANTONINO-CUSTODIO. It is still in place, Mr.

will not dwell on that issue. Speaker?

MONDAY, OCTOBER 6, 2008 275



REP. CUA (J.). Yes, Mr. Speaker. Let me explain some specific examples here. Ang sa

Department of Education (DepEd), medyo lumaki iyan kasi

REP. ANTONINO-CUSTODIO. Mr. Speaker, that means nagkaroon tayo ng major program on training of teachers. At

that all foreign travels, except for ministerial meetings, itong teacher in-service training na ito, would require them to

scholarships and trainings that are grants or undertaken at travel kaya medyo lumaki ang mga travel expenditure ng

no cost to government, are suspended under this DepEd.

administrative order. Tama po ba? Ang isa pang item na lumaki ay ang sa DFA. As I have

explained, in the case of the DFA, talaga namang part of

REP. CUA (J.). That is correct, that is the spirit of that their job iyon, kaya hindi maiwasang lumaki iyon. But for

order. the rest, Mr. Speaker, despite the increase in the TEV, and

the increase in the prices of plane fare, and land and sea

REP. ANTONINO-CUSTODIO. So, this is still fares in terms of the number of travels, hindi naman

supposedly in effect. substantial ang increase.



REP. CUA (J.). Yes, Mr. Speaker. Based on the data REP. ANTONINO-CUSTODIO. Mr. Speaker, ang

provided to us by the department, the total MOOE for travel itinanong ko pong isang ahensya na may P400 plus million?

is roughly P7.6 billion. But foreign travel is only about P600

million and most of this, the main bulk of this are travels REP. CUA (J.). Aling department po iyon?

made by the DFA officials who are supposed to represent the

country. Therefore, traveling cannot be avoided, Mr. Speaker. REP. ANTONINO-CUSTODIO. The Department of

Agrarian Reform (DAR), Mr. Speaker.

REP. ANTONINO-CUSTODIO. Mr. Speaker,

nakapagtataka, kasi nakita po natin actually ang decrease REP. CUA (J.). Yes, Mr. Speaker. My understanding is

after 2004 when this AO was issued in terms of travel. Mahina that in this particular case, it is part of their foreign-assisted

po ang pagtaas niya even in 2006, it only increased by 2.25. project, and it is part of the contractual arrangement in the

However, Mr. Speaker, it seems that parang na-abandon ang implementation of the project. These travels are necessary,

austerity measures kasi ang traveling expenses ng 2005 ay Mr. Speaker.

biglang umangat ng 15 percent. Noong 2006, umangat ito ng

12 percent. In 2008, umangat ito ng 9 percent at noong 2007, REP. ANTONINO-CUSTODIO. Mr. Speaker, iyon pa lang

mas maliit po ang na-allocate ng Kongeso, yet, the actual po ang nakita ko. Mayroon po sa COA report that actually

spending was actually higher by 19 percent. And in the claimed that, mayroon pong travel expenses that were incurred

proposed budget of 2009, umaangat pa po tayo ng 12 percent. by a certain department, and I will bring this up during the

Ang travel expenses po ng gobyerno ngayon ay umabot na department’s debate. There is a certain department that

po sa P67.6 billion. Hindi ba po nakakahiya naman pakinggan actually incurred traveling expenses but were not actually

ang figure na iyan para doon sa ating mga taong nagigipit, incurred. In other words, it was refunded, it was spent, it was

and we have asked them to actually tighten their belts and allocated, it was disbursed and yet, the COA findings actually

shell out money for VAT that actually contributed to the showed that there was no actual travel that happened. Does

increases of the commodities that we buy. the DBM actually check this as well in terms of trying to

allocate our resources properly?

REP. CUA (J.). Mr. Speaker, ang pagtaas ng travel expense

can be attributed to a couple of factors, one of which is the REP. CUA (J.). These things, Mr. Speaker, would

increase in travel expense vouchers (TEVs), kasi ang TEV, dati eventually come out when the COA audits . And if such really

mas mababa, nagdagdag tayo. Kulang ang panggastos kaya has happened, that money is spent without actual travel,

kinakailangan namang medyo dagdagan dahil tumaas ang mga then it is an incident that should be investigated and the

presyo. Pangalawa, alam naman natin ang presyo ay tumaas necessary cases be filed.

din. Dati ang ticket ay “x amount” pero over the years naging

“x plus,” “x plus certain percentage.” Kaya talagang hindi REP. ANTONINO-CUSTODIO. Yes, Mr. Speaker. I hope,

naiwasan na tumaas talaga ang absolute amount, but in terms indeed, that when I take this up during the department’s

probably of the number of travels, baka hindi naman tumaas. budget hearing, that indeed, cases have been filed hopefully.

Mr. Speaker, medyo matagal na pong nangyari ito. In other

REP.ANTONINO-CUSTODIO. Mr. Speaker, kung hihimayin words, Mr. Speaker, hindi pa rin po reflected sa budgetary

po natin ito, actually, one department is getting P1 billion, another cuts, kung baga, doon sa department na iyon. Iyon lang naman

department is getting more than P400 million, Mr. Speaker. Ang po ang point ko—whether we actually check in terms of how

nakapagtataka, ang mga departamentong ito, gaano kadalas mag- these departments spend all of these when we say it may be

local travel, Mr. Speaker? Kasi parang napakalaking halaga ng necessary. And when we look at some of the reports,

P400 million at saka ng P1 billion, samantalang ang pinapayagan apparently, it is not that necessary, Mr. Speaker.

lamang ay ang mga travels ng Secretary that will only be

necessary for the performance of their duties because most of REP. CUA (J.). Anyway, Mr. Speaker, we would encourage

these departments actually have regional offices. the minority to bring this to our attention and in fact, this is

one of the things that we would like to look into as well

REP. CUA (J.). Mr. Speaker, tama po ang sinasabi ng because unnecessary travel or too much travel, ot too big a

Kinatawan. In fact, ganoon naman talaga ang nangyayari. budget for travel really should be looked into. Baka naman

276 MONDAY, OCTOBER 6, 2008



puwede tayong magkaltas diyan and we can realign this to REP. GONZALES (N.). On the part of the majority, we

more productive expenditures, Mr. Speaker. join the minority in moving for the termination of the

deliberation on the budget of the Department of Budget and

REP. ANTONINO-CUSTODIO. Thank you, Mr. Management.

Speaker. I so move, Mr. Speaker.

The COA annual report is in terms of spending, although

this is only one annual report, and although the only available THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

annual report would be 2006, napakarami po sa mga travel objection to the motion? (Silence) The Chair hears none; the

expenses have actually become unobligated. In other words, motion is approved.

hindi po nagastos and became savings. So, I hope that the

honorable Sponsor, the Chairman of the Committee on REP. GONZALES (N.). Mr. Speaker, I ask that we

Appropriations, would be willing to actually accept some of recognize the distinguished Gentleman from Quezon, the

the amendments that the minority will be making in terms of Honorable Lorenzo Tañada III for a manifestation.

trying to make the budget a little leaner but still effective.

Kasi kung titingnan po natin ang mga COA reports and a lot THE DEPUTY SPEAKER (Rep. Singson, E.). The

of other reports, napakaraming wastage ng funds na inilalaan Honorable Tañada is recognized.

natin ang nasasayang lamang po at ang masakit pa po ay

hindi natin na-a-attain ang mga targeted beneficiaries natin, REP. TAÑADA. Thank you, Mr. Speaker.

Mr. Speaker. Mr. Speaker, just before we start the deliberation on the

budget of the Department of Trade and Industry (DTI), I

REP. CUA (J.). I fully agree with the Lady, Mr. Speaker. would like to manifest that I am fully aware of the inter-

At the proper time, we would be open to a proposal for an parliamentary courtesy that one Chamber accords another. I

amendment along that line. We should cut where cut is beg the indulgence of our honorable Senators as this matter

necessary, Mr. Speaker. will be a defining path with regard to our Constitution and

Congress’ role, particularly, the House of Representatives, in

REP. ANTONINO-CUSTODIO. Thank you, Mr. trade treaties. But more crucial at this time is our collective

Speaker. attention to the so-called Exchange of Notes, or side notes

Although I do have a lot of questions in terms of the on the JPEPA or the Japan-Philippines Economic Partnership

budgetary spending of almost all the MOOE that we have Agreement.

been allocating, I think that I would rather actually work with I think that most of us are aware that the Senate hearings

the Committee on Appropriations for us to actually find a have brought to fore grave constitutional infirmities with

better solution to what seems to be great overspending, not regard to the JPEPA as it is currently worded. In fact, our own

because of necessity but because of the lack of checks and hearings on my authored House Resolution No. 551,

balances, and maybe the lack as well of paying attention to conducted by the Special Committee on Globalization during

the audit reports that are submitted to all of us. Mayroon pa the Thirteenth Congress already raised alarm bells on the

nga po kaming nadiskubre na ang travel expense po ay matter.

kinunan para po sa mga gift cheques. So I hope that, indeed, What are these disturbing constitutional infirmities?

the DBM as well looks into that when allocating the resources Mr. Speaker, the JPEPA gives to Japanese investors

that the government has because sila po ang talagang taga- rights to full ownership of Philippine lands, unhampered

control ng spending natin at kung hindi po natin i-control future exploration and development of Philippine minerals

ang spending natin doon sa proper agencies na and other resources, unrestricted access in the management

mapupuntahan at proper expenses na dapat mapuntahan, of Philippine public utilities and mass media, and equal

nasasayang lang po ang pera, ang taxes that we have actually treatment in the exploration of Philippine territorial waters.

again burdened our people with. In addition, the JPEPA allows the illegal trade in toxic wastes

and used vehicles, even as the treaty gives the Japanese

REP. CUA (J.). Mr. Speaker, the point of the Lady is side greater trade flexibility through a long list of excluded

well-taken, and we would really welcome suggestions from tariff lines.

the minority to ensure that money is well-appropriated. During the course of the hearings, Senator Miriam

Santiago, Chair of the Committee on Foreign Affairs and chief

REP. ANTONINO-CUSTODIO. Thank you very much, Sponsor of the JPEPA, recommended conditional Senate

Mr. Speaker. concurrence to the JPEPA “as an absolute necessity, otherwise

There being no other interpellators from the minority, the Supreme Court would declare JPEPA unconstitutional.”

Mr. Speaker, I am actually honored and I hope that we can Further, in a separate memorandum to DTI Secretary Peter

work together with the DBM not only during the budget Favila dated August 27, 2008, the good Senator recommended

season, but for even better understanding from the legislators, that the draft Exchange of Notes should include as its last

for us to help each other to attain the supposed elusive sentence the following, and I quote: “It is intended to be an

balance budget and attain as well the goals, especially the agreement between the parties, and shall be considered as an

Millennium Development Goals, that this country has integral part of JPEPA.” And yet, for still unknown reasons,

committed itself to attain. while the Exchange of Notes was already being floated and

On behalf of the minority, Mr. Speaker, I move to terminate drafted as a possible solution to these constitutional

the period of sponsorship and debate on the budget of the questions, Senator Santiago already recommended simple

Department of Budget and Management. (Applause) Senate concurrence to the treaty.

MONDAY, OCTOBER 6, 2008 277



And so, the Exchange of Notes between Department of for a transfer of technology and to hire a given level of

Foreign Affairs Secretary Alberto Romulo and the Minister nationals.

of Foreign Affairs Masahiko Koumura took place and Senator Mr. Speaker, Congress or the House of Representatives

Santiago recommended a simple Senate concurrence for it is for that matter, was left in the dark despite our repeated

claimed to have resolved the JPEPA’s constitutional infirmities requests to give us a copy of the agreement. Had the Chief

in her sponsorship speech. Executive done so, the country would have been spared from

Mr. Speaker, a quick read of the Side Notes would show being caught in an embarrassing situation involving trade

that it does not, in any way, revise or modify any of what I and economic diplomacy, as I am certain we would have seen

cited as anti-Charter provisions of the JPEPA. It is merely a the anti-Charter provisions it contains. And the same process

shared understanding of interpretation of the JPEPA between is repeated in other trading agreements that we have been

Secretary Romulo and Minister Koumura. It is in fact, entering with—ASEAN-Japan, ASEAN plus China, ASEAN-

rendered inutile by paragraph 4 thereof which expressly Australia, et cetera. There was no consultation with the House

provides that it, and I quote: “does not modify the rights and of Representatives, no transparency, no game plan.

obligations of the parties under the provisions of the JPEPA.” I therefore submit that during the course of our debate

Further, the Exchange of Notes is not an agreement between on the budget of the DTI, our negotiators must be made to

the parties and moreover, is not an integral part of the account for all these.

JPEPA—something totally contradicting Senator Santiago’s I hope you will join me in this effort. Our country’s

memorandum to Secretary Favila. development path will be in peril, our Constitution is utterly

I therefore only see one thing in the Side Notes. It is an disregarded.

insult to our intelligence and the intelligence of our Senators. Somebody has to answer for all these.

It is therefore imperative that the Senate reject Senator Thank you, Mr. Speaker.

Santiago’s call for a simple concurrence on the basis of the

useless Exchange of Notes. Senator Pangilinan called for a REP. GONZALES (N.). Mr. Speaker, I move that we refer

genuine renegotiation, not a defective or ineffectual Exchange the speech of the distinguished Gentleman to the proper

of Notes and that should be supported. committee.

Mr. Speaker, it is clear in the Constitution that Congress

has a very important role in trade policymaking. The fact that THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

proposals to revise tax and tariff provisions is mainly lodged any objection? (Silence) The Chair hears none; the motion is

with the House of Representatives already carves a niche for approved.

us. The JPEPA, as well as other bilateral trade treaties, tinkers

with tariff provisions and yet, during the entire negotiations, I REP. GONZALES (N.). Mr. Speaker, I move to take up the

have yet to recall any formal submission by the Chief Executive budget of the DTI and its attached agencies.

to the House of Representatives with regard to the tariff

concessions that they are making with Japan. Further, laws are THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

likewise committed to be modified or repealed as the case may objection? (Silence) The Chair hears none; the motion is

be once the treaty is ratified. Again, I have yet to see a formal approved.

submission by the Chief Executive to the House of

Representatives on the list of laws that would be affected by REP. GONZALES (N.). Mr. Speaker, I move that we

our entering into a bilateral trading agreement. So, what is the recognize the distinguished Deputy Minority Leader, the

role of the House of Representatives in this? Are we just going Honorable Darlene R. Antonino-Custodio.

to be a mere rubber stamp? Are our legislative powers not

being effectively diminished in the course of our concurrence THE DEPUTY SPEAKER (Rep. Singson, E.). The

into these treaties without a prior consultation with us? Honorable Antonino-Custodio is recognized to interpellate.

Before I end, Mr. Speaker, allow me to express my

displeasure with how our JPEPA trade negotiators gravely REP.ANTONINO-CUSTODIO. Mr. Speaker, on behalf of the

blundered in all these. Japan, definitely a bigger and more minority, there being no Members who have indicated their desire

developed economy than ours, was able to protect and make to interpellate on the budget of the DTI, may we move for the

their own reservations for existing and future measures on termination of the period of sponsorship and debate on the budget

critical sectors in their economy. We were not able to do so. of the Department of Trade and Industry. (Applause)

In fact, if we browse through pages 892 to 917 of the JPEPA,

which is essentially the reservations for future measures, we REP. GONZALES (N.). May we amend the motion by

do not see any reservations for all sectors with regard to including the attached agencies and corporations of the

national treatment on research and development, equity Department of Trade and Industry.

considerations, land transactions and fisheries. In the

reservations made by Japan for Future Measures, the phrase THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

“Japan reserves the right to adopt and maintain measures objection? (Silence) The Chair hears none; the motion is

relating to” is always present. approved.

It is being deemed that the Philippines made no

reservation on Future Measures since the schedule is a list REP. DAZA. Thank you, Mr. Speaker. I would like to

of existing measures that should have been included in part give our thanks to the minority for their motion.

of Annex 7. Other countries like Malaysia, Thailand and

Indonesia were able to get better terms like the right to demand REP. GONZALES (N.). Mr. Speaker.

278 MONDAY, OCTOBER 6, 2008



THE DEPUTY SPEAKER (Rep. Singson, E.). The Sr. Dep. No. 1311, as reported out by the Special Committee on

Majority Leader is recognized. Reforestation and the Committee on Housing and Urban

Development.

SUSPENSION OF CONSIDERATION

OF H.B. NO. 5116 THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? (Silence) The Chair hears none; the motion is

REP. GONZALES (N.). Mr. Speaker, I move that we approved.

suspend the consideration of House Bill No. 5116.

REP. GONZALES (N.). Mr. Speaker, since copies of

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any the measure have been previously distributed, I move that

objection? (Silence) The Chair hears none; the motion is approved. we dispense with the reading of its text.



REP. GONZALES (N.). Mr. Speaker, with the unanimous consent THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

of the House, I move that we take up local bills on Second Reading. any objection? (Silence) The Chair hears none; the motion is

approved.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any Consideration of House Bill No. 5207 is now in order.

objection? (Silence) The Chair hears none; the motion is approved. With the permission of the Body, the Secretary General will

read only the title of the measure without prejudice to inserting

REP. GONZALES (N.). Mr. Speaker, in accordance with in the Record the text thereof.*

our Rules, I present an omnibus motion for the consideration

on Second Reading of House Bills No. 5230, 5233, 5235, THE SECRETARY GENERAL. House Bill No. 5207,

5236, 5237, 5238, 5239, 5240, 5242, 5243, 5244, 5245, 5246, entitled: AN ACT INSTITUTING THE SUBDIVISION

5247, 5249, 5250, and 5251; to consider the respective GREEN PARKS PROGRAM, GRANTING INCENTIVES

Explanatory Notes as the sponsorship on the measures; to FOR THE PLANTING OF TREES AND THE

close the period of sponsorship and debate, there being no DEVELOPMENT AND MAINTENANCE OF FORESTED

Member who wishes to speak against the same; to approve AREAS IN SUBDIVISIONS AND FOR OTHER PURPOSES.

committee amendments, if any; to close the period of

amendments there being no individual amendments; and to REP. GONZALES (N.). Mr. Speaker, I move that the

approve the same on Second Reading. Explanatory Note of the bill be considered as the sponsorship

I so move, Mr. Speaker. speech on the measure.



VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? (Silence) The Chair hears none; the motion is

THE DEPUTY SPEAKER (Rep. Singson, E.). As many approved.

as are in favor of the omnibus motion, please say aye.

REP. GONZALES (N.). Mr. Speaker, there being no

SEVERAL MEMBERS. Aye. Member who wishes to speak against the bill and no speeches

en contra, I move that we close the period of sponsorship

THE DEPUTY SPEAKER (Rep. Singson, E.). As many and debate.

as are against, please say nay.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

FEW MEMBERS. Nay. any objection? (Silence) The Chair hears none, the motion is

approved.

THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes

have it; the motion is approved.* REP. GONZALES (N.). Mr. Speaker, there being no

committee and individual amendments, I move that we close

REP. GONZALES (N.). Mr. Speaker, I move that we the period of amendments.

take up the Calendar of the Business for the Day.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there objection? (Silence) The Chair hears none; the motion is approved.

any objection? (Silence) The Chair hears none; the motion is

approved. REP. GONZALES (N.). Mr. Speaker, I move that we

approve House Bill No. 5207 on Second Reading.

CONSIDERATION OF H.B. NO. 5207

ON SECOND READING VIVA VOCE VOTING



PERIOD OF SPONSORSHIP AND DEBATE THE DEPUTY SPEAKER (Rep. Singson, E.). As many

as are in favor of House Bill No. 5207, please say aye.

REP. GONZALES (N.). Mr. Speaker, I move that we

consider House Bill No. 5207 embodied in Committee Report SEVERAL MEMBERS. Aye.



* See MEASURES CONSIDERED (printed separately)

MONDAY, OCTOBER 6, 2008 279



THE DEPUTY SPEAKER (Rep. Singson, E.). As many as REP. GONZALES (N.). Mr. Speaker, there being no

are against, please say nay. committee and individual amendments, I move that we close

the period of amendments.

FEW MEMBERS. Nay.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

APPROVAL OF H.B.NO. 5207 any objection? (Silence) The Chair hears none; the motion is

ON SECOND READING approved.



THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes REP. GONZALES (N.). Mr. Speaker, I move that we

have it; the motion is approved. approve House Bill No. 5208 on Second Reading.

House Bill No. 5207 is approved on Second Reading.

VIVA VOCE VOTING

CONSIDERATION OF H.B. NO. 5208

ON SECOND READING THE DEPUTY SPEAKER (Rep. Singson, E.). As many

as are in favor of House Bill No. 5208, please say aye.

PERIOD OF SPONSORSHIP AND DEBATE

SEVERAL MEMBERS. Aye.

REP. GONZALES (N.). Mr. Speaker, I move that we

consider House Bill No. 5208 embodied in Committee Report THE DEPUTY SPEAKER (Rep. Singson, E.). As many

No. 1312, as reported out by the Committees on Science and as are against, please say nay.

Technology, and Appropriations.

FEW MEMBERS. Nay.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is APPROVAL OF H.B.NO. 5208

approved. ON SECOND READING



REP. GONZALES (N.). Mr. Speaker, since copies of the THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes

measure have been previously distributed, I move that we have it;the motion is approved.

dispense with the reading of its text. House Bill No. 5208 is approved on Second Reading.



THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any CONSIDERATION OF H.B. NO. 5210

objection? (Silence) The Chair hears none; the motion is ON SECOND READING

approved.

Consideration of House Bill No. 5208 is now in order. PERIOD OF SPONSORSHIP AND DEBATE

With the permission of the Body, the Secretary General will

read only the title of the measure without prejudice to inserting REP. GONZALES (N.). Mr. Speaker, I move that we

in the Record the text thereof.* consider House Bill No. 5210 embodied in Committee Report

No. 1314, as reported out by the Committee on Ways and

THE SECRETARY GENERAL. House Bill No. 5208, Means.

entitled: AN ACT PROMOTING THE TRANSFER OF

TECHNOLOGIES AND KNOWLEDGE FROM THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

RESEARCH AND DEVELOPMENT (R&D) FUNDED BY objection? (Silence) The Chair hears none; the motion is

GOVERNMENT. approved.



REP. GONZALES (N.). Mr. Speaker, I move that the REP. GONZALES (N.). Mr. Speaker, since copies of the

Explanatory Note of the bill be considered as the sponsorship measure have been previously distributed, I move that we

speech on the measure. dispense with the reading of its text.



THE DEPUTY SPEAKER (Rep. Singson, E.). Is there THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

any objection? (Silence) The Chair hears none; the motion is objection? (Silence) The Chair hears none; the motion is

approved. approved.

Consideration of House Bill No. 5210 is now in order.

REP. GONZALES (N.). Mr. Speaker, there being no With the permission of the Body, the Secretary General will

Member who wishes to speak against the bill and no speeches read only the title of the measure without prejudice to inserting

en contra, I move that we close the period of sponsorship in the Record the text thereof.*

and debate.

THE SECRETARY GENERAL. House Bill No. 5210,

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any entitled: AN ACT AMENDING SECTIONS 27, 30, 34, 108 AND

objection? (Silence) The Chair hears none, the motion is 109 OF THE NATIONAL INTERNAL REVENUE CODE OF

approved. 1997, AS AMENDED.



* See MEASURES CONSIDERED (printed separately)

280 MONDAY, OCTOBER 6, 2008



REP. GONZALES (N.). Mr. Speaker, I move that the REP. GONZALES (N.). Mr. Speaker, since copies of

Explanatory Note of the bill be considered as the sponsorship the measure have been previously distributed, I move that

speech on the measure. we dispense with the reading of its text.



THE DEPUTY SPEAKER (Rep. Singson, E.). Is there THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

any objection? (Silence) The Chair hears none; the motion is objection? (Silence) The Chair hears none; the motion is approved.

approved. Consideration of House Bill No. 5219 is now in order.

With the permission of the Body, the Secretary General will

REP. GONZALES (N.). Mr. Speaker, there being no read only the title of the measure without prejudice to inserting

Member who wishes to speak against the bill and no speeches in the Record the text thereof.*

en contra, I move that we close the period of sponsorship

and debate. THE SECRETARY GENERAL. House Bill No. 5219,

entitled: AN ACT PROVIDING FOR A

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there COMPREHENSIVE HAZARDOUS AND

any objection? (Silence) The Chair hears none; the motion is RADIOACTIVE WASTES MANAGEMENT,

approved. PROVIDING PENALTIES FOR VIOLATIONS

THEREOF, AND FOR OTHER PURPOSES.

REP. GONZALES (N.). Mr. Speaker, there being no

committee and individual amendments, I move that we close REP. GONZALES (N.). Mr. Speaker, I move that the

the period of amendments. Explanatory Note of the bill be considered as the sponsorship

speech on the measure.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? (Silence) The Chair hears none; the motion is THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

approved. objection? (Silence) The Chair hears none; the motion is approved.



REP. GONZALES (N.). Mr. Speaker, I move that we REP. GONZALES (N.). Mr. Speaker, there being no Member

approve House Bill No. 5210 on Second Reading. who wishes to speak against the bill and no speeches en contra,

I move that we close the period of sponsorship and debate.

VIVA VOCE VOTING

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

THE DEPUTY SPEAKER (Rep. Singson, E.). As many objection? (Silence) The Chair hears none; the motion is approved.

as are in favor of House Bill No. 5210, please say aye.

REP. GONZALES (N.). Mr. Speaker, there being no

SEVERAL MEMBERS. Aye. committee and individual amendments, I move that we close

the period of amendments.

THE DEPUTY SPEAKER (Rep. Singson, E.). As many

as are against, please say nay. THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is approved.

FEW MEMBERS. Nay.

REP. GONZALES (N.). Mr. Speaker, I move that we

APPROVAL OF H.B. NO. 5210 approve House Bill No. 5219 on Second Reading.

ON SECOND READING

VIVA VOCE VOTING

THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes

have it; the motion is approved. THE DEPUTY SPEAKER (Rep. Singson, E.). As many as

House Bill No. 5210 is approved on Second Reading. are in favor of House Bill No. 5219, please say aye.



CONSIDERATION OF H.B. NO. 5219 SEVERAL MEMBERS. Aye.

ON SECOND READING

THE DEPUTY SPEAKER (Rep. Singson, E.). As many as

PERIOD OF SPONSORSHIP AND DEBATE are against, please say nay.



REP. GONZALES (N.). Mr. Speaker, I move that we FEW MEMBERS. Nay.

consider House Bill No. 5219 embodied in Committee Report

No. 1316, as reported out by the Committees on Ecology, APPROVAL OF H.B.NO. 5219

Appropriations, and Ways and Means. ON SECOND READING



THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes

objection? (Silence) The Chair hears none; the motion is have it; the motion is approved.

approved. House Bill No. 5219 is approved on Second Reading.



* See MEASURES CONSIDERED (printed separately)

MONDAY, OCTOBER 6, 2008 281



CONSIDERATION OF H.B. NO. 5220 SEVERAL MEMBERS. Aye.

ON SECOND READING

THE DEPUTY SPEAKER (Rep. Singson, E.). As many as

PERIOD OF SPONSORSHIP AND DEBATE are against, please say nay.



REP. GONZALES (N.). Mr. Speaker, I move that we FEW MEMBERS. Nay.

consider House Bill No. 5220 embodied in Committee Report

No. 1317, as reported out by the Committees on Government APPROVAL OF H.B .NO. 5220

and Privatization, Appropriations, and Ways and Means. ON SECOND READING



THE DEPUTY SPEAKER (Rep. Singson, E.). Is there THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes

any objection? (Silence) The Chair hears none; the motion is have it; the motion is approved.

approved. House Bill No. 5220 is approved on Second Reading.



REP. GONZALES (N.). Mr. Speaker, since copies of CONSIDERATION OF H.B. NO. 5228

the measure have been previously distributed, I move that ON SECOND READING

we dispense with the reading of its text.

PERIOD OF SPONSORSHIP AND DEBATE

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is REP. GONZALES (N.). Mr. Speaker, I move that we

approved. consider House Bill No. 5228 embodied in Committee Report

Consideration of House Bill No. 5220 is now in order. No. 1321, as reported out by the Committees on Public Order

With the permission of the Body, the Secretary General will and Safety, and Appropriations.

read only the title of the measure without prejudice to inserting

in the Record the text thereof.* THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? (Silence) The Chair hears none; the motion is

THE SECRETARY GENERAL. House Bill No. 5220, approved.

entitled: AN ACT FURTHER STRENGTHENING THE

HOME DEVELOPMENT MUTUAL FUND, TO BE KNOWN REP. GONZALES (N.). Mr. Speaker, since copies of the

HEREINAFTER AS THE PAG-IBIG FUND, AND FOR OTHER measure have been previously distributed, I move that we

PURPOSES. dispense with the reading of its text.



REP. GONZALES (N.). Mr. Speaker, I move that the THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

Explanatory Note of the bill be considered as the sponsorship objection? (Silence) The Chair hears none; the motion is

on the measure. approved.

Consideration of House Bill No. 5228 is now in order.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any With the permission of the Body, the Secretary General will

objection? (Silence) The Chair hears none; the motion is approved. read only the title of the measure without prejudice to inserting

in the Record the text thereof.*

REP. GONZALES (N.). There being no Member who wishes

to speak against the measure and no speeches en contra, I THE SECRETARY GENERAL. House Bill No. 5228,

move that we close the period of sponsorship and debate. entitled: AN ACT PROVIDING FOR THE MODERNIZATION

OF FIRE PROTECTION, AND FOR OTHER PURPOSES.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is approved. REP. GONZALES (N.). Mr. Speaker, I move that the

Explanatory Note of the bill be considered as the sponsorship

REP. GONZALES (N.). Mr. Speaker, there being no speech on the measure.

committee and individual amendments, I move that we close

the period of amendments. THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any approved.

objection? (Silence) The Chair hears none; the motion is approved.

REP. GONZALES (N.). There being no Member who

REP. GONZALES (N.). Mr. Speaker, I move that we wishes to speak against the measure and no speeches en

approve House Bill No. 5220 on Second Reading. contra, I move that we close the period of sponsorship and

debate.

VIVA VOCE VOTING

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

THE DEPUTY SPEAKER (Rep. Singson, E.). As many as objection? (Silence) The Chair hears none; the motion is

are in favor of House Bill No. 5220, please say aye approved.



* See MEASURES CONSIDERED (printed separately)

282 MONDAY, OCTOBER 6, 2008



REP. GONZALES (N.). Mr. Speaker, there being no DEPARTMENT OF TOURISM AND ITS ATTACHED

committee and individual amendments, I move that we close AGENCIES, AND APPROPRIATING FUNDS THEREFOR.

the period of amendments.

REP. GONZALES (N.). Mr. Speaker, I move that the

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any Explanatory Note of the bill be considered as the sponsorship

objection? (Silence) The Chair hears none; the motion is approved. speech on the measure.



REP. GONZALES (N.). Mr. Speaker, I move that we THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

approve House Bill No. 5228 on Second Reading. any objection? (Silence) The Chair hears none; the motion is

approved.

VIVA VOCE VOTING

REP. GONZALES (N.). There being no Member who

THE DEPUTY SPEAKER (Rep. Singson, E.). As many wishes to speak against the measure, I move that we close the

as are in favor of House Bill No. 5228, please say aye period of sponsorship and debate.



SEVERAL MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? (Silence) The Chair hears none; the motion is

THE DEPUTY SPEAKER (Rep. Singson, E.). As many as approved.

are against, please say nay.

REP. GONZALES (N.). Mr. Speaker, there being no

FEW MEMBERS. Nay. committee and individual amendments, I move that we close

the period of amendments.

APPROVAL OF H.B .NO. 5228

ON SECOND READING THE DEPUTY SPEAKER (Rep. Singson, E.). Is there

any objection? (Silence) The Chair hears none; the motion is

THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes approved.

have it; the motion is approved.

House Bill No. 5228 is approved on Second Reading. REP. GONZALES (N.). Mr. Speaker, I move that we

approve House Bill No. 5229 on Second Reading.

CONSIDERATION OF H. B. NO. 5229

ON SECOND READING VIVA VOCE VOTING



PERIOD OF SPONSORSHIP AND DEBATE THE DEPUTY SPEAKER (Rep. Singson, E.). As many

as are in favor of House Bill No. 5229, please say aye

REP. GONZALES (N.). Mr. Speaker, I move that we

consider House Bill No. 5229 embodied in Committee Report SEVERAL MEMBERS. Aye.

No. 1322, as reported out by the Committees on Tourism,

Appropriations, and Ways and Means. THE DEPUTY SPEAKER (Rep. Singson, E.). As many

as are against, please say nay.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is FEW MEMBERS. Nay.

approved.

APPROVAL OF H. B. NO. 5229

REP. GONZALES (N.). Mr. Speaker, since copies of the ON SECOND READING

measure have been previously distributed, I move that we

dispense with the reading of its text. THE DEPUTY SPEAKER (Rep. Singson, E.). The ayes

have it; them motion is approved.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any House Bill No. 5229 is approved on Second Reading.

objection? (Silence) The Chair hears none; the motion is

approved. CONSIDERATION OF H. B. NO. 5241

Consideration of House Bill No. 5229 is now in order. ON SECOND READING

With the permission of the Body, the Secretary General will

read only the title of the measure without prejudice to inserting PERIOD OF SPONSORSHIP AND DEBATE

in the Record the text thereof.*

REP. GONZALES (N.). Mr. Speaker, I move that we

THE SECRETARY GENERAL. House Bill No. 5229, consider House Bill No. 5241.

entitled: AN ACT DECLARING A NATIONAL POLICY ON

TOURISM AS THE PRIMARY ENGINE OF INVESTMENT, THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

EMPLOYMENT, GROWTH AND NATIONAL objection? (Silence) The Chair hears none; the motion is

DEVELOPMENT AND STRENGTHENING THE approved.



* See MEASURES CONSIDERED (printed separately)

MONDAY, OCTOBER 6, 2008 283



REP. GONZALES (N.). Mr. Speaker, since copies of the APPROVAL OF H.B. NO. 5241

measure have been previously distributed, I move that we ON SECOND READING

dispense with the reading of its text.

REP. GONZALES (N.). Mr. Speaker, I move that we vote

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there on Second Reading on House Bill No. 5241…

any objection? (Silence) The Chair hears none; the motion is

approved. REP. BICHARA. Mr. Speaker, why do we have to pass

Consideration of House Bill No. 5241 is now in order. these? Ano ba ito, wholesale passage?

With the permission of the Body, the Secretary General will

read only the title of the measure without prejudice to inserting SUSPENSION OF SESSION

in the Record the text thereof.*

REP. GONZALES (N.). May I ask for one-minute

THE SECRETARY GENERAL. House Bill No. 5241, suspension of the session.

entitled: THE INVESTMENTS AND INCENTIVES CODE OF

THE PHILIPPINES. THE DEPUTY SPEAKER (Rep. Singson, E.). The

session is suspended for one minute.

REP. GONZALES (N.). Mr. Speaker, I move that the

Explanatory Note of the bill be considered as the sponsorship It was 9:52 p.m.

speech on the measure.

RESUMPTION OF SESSION

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any

objection? (Silence) The Chair hears none; the motion is At 9:53 p.m., the session was resumed.

approved.

THE DEPUTY SPEAKER (Rep. Singson, E.). The

REP. GONZALES (N.). There being no Member who session is resumed.

wishes to speak against the measure and no speeches en

contra, I move that we close the period of sponsorship and REP. SUSANO. Mr. Speaker.

debate.

THE DEPUTY SPEAKER (Rep. Singson, E.). The Sr.

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there Dep. Majority Leader is recognized.

any objection? (Silence) The Chair hears none; the motion is

approved. SUSPENSION OF SESSION



REP. GONZALES (N.). Mr. Speaker, there being no REP. GONZALES (N.). Mr. Speaker, I move that we

committee and individual amendments, I move that we close suspend the session until ten o’clock tomorrow morning.

the period of amendments.

THE DEPUTY SPEAKER (Rep. Singson, E.). The session

THE DEPUTY SPEAKER (Rep. Singson, E.). Is there any is suspended until tomorrow at ten o’clock in the morning.

objection? (Silence) The Chair hears none; the motion is

approved. It was 9:54 p.m.



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