Congressional Record 16th CONGRESS, FIRST REGULAR SESSION

HOUSE OF REPRESENTATIVES
Vol. 2 Thursday, September 19, 2013 No. 21b

RESUMPTION OF SESSION By Representative Sato

TO THE COMMITTEE ON GOVERNMENT
At 10:00 a.m., the session was resumed with Deputy ENTERPRISES AND PRIVATIZATION AND
Speaker Henedina R. Abad presiding. THE COMMITTEE ON AGRICULTURE AND
FOOD
THE DEPUTY SPEAKER (Rep. Abad). The session
is resumed. House Bill No. 2867, entitled:
The Asst. Majority Leader is recognized. “AN ACT INSTITUTIONALIZING THE
OPEN HIGH SCHOOL SYSTEM IN THE
REP. BELMONTE (J.). Good morning, Mme. Speaker, PHILIPPINES AND APPROPRIATING FUNDS
I move that we proceed to the Additional Reference of THEREFOR”
Business. By Representative Castelo
TO THE COMMITTEE ON BASIC EDUCATION
THE DEPUTY SPEAKER (Rep. Abad). Is there any AND CULTURE
objection? (Silence) The Chair hears none; the motion is
approved. House Bill No. 2868, entitled:
The Secretary General will please read the Additional “AN ACT REQUIRING ALL GOVERNMENT
Reference of Business. AND PRIVATE HOSPITALS, MEDICAL
CENTERS, CLINICS, INFIRMARIES, AND
ADDITIONAL REFERENCE OF BUSINESS PUERICULTURE CENTERS TO GIVE FREE
MEDICAL AND DENTAL ASSISTANCE TO
The Secretary General read the following House Bills INDIGENT CHILDREN”
and Resolutions on First Reading, and the Deputy Speaker By Representative Castelo
made the corresponding references: TO THE COMMITTEE ON HEALTH

BILLS ON FIRST READING House Bill No. 2869, entitled:

“AN ACT AMENDING SECTION 26 OF REPUBLIC
House Bill No. 2865, entitled: ACT NO. 8282 OTHERWISE KNOWN AS THE
“AN ACT INCLUDING THE SALE OF ELECTRICITY SOCIAL SECURITY ACT OF 1997 INCREASING
BY POWER GENERATION COMPANIES IN THE INVESTMENT FOR HOUSING PURPOSES
MINDANAO IN THE EXEMPTION FROM VALUE- AND SHORT AND MEDIUM TERM LOANS
ADDED TAX, AMENDING FOR THE PURPOSE FROM THE INVESTMENT RESERVE FUNDS
REPUBLIC ACT NO. 8424, OTHERWISE KNOWN OF THE SYSTEM”
AS THE ‘TAX REFORM ACT OF 1997’ AS By Representative Castelo
AMENDED, AND FOR OTHER PURPOSES” TO THE COMMITTEE ON GOVERNMENT
By Representative Nograles ENTERPRISES AND PRIVATIZATION
TO THE COMMITTEE ON WAYS AND MEANS
House Bill No. 2870, entitled:
House Bill No. 2866, entitled: “AN ACT PROVIDING FOR A MAGNA CARTA FOR
“AN ACT REORGANIZING QUEDAN STUDENTS”
AND RURAL CREDIT GUARANTEE By Representatives Arroyo and Macapagal-Arroyo
C O R P O R AT I O N ( Q U E D A N C O R ) , TO THE COMMITTEE ON HIGHERAND TECHNICAL
R E N A M I N G I T A S A G R I C U LT U R A L EDUCATION AND THE COMMITTEE ON
CREDIT AND GUARANTEE CORPORATION BASIC EDUCATION AND CULTURE
(AGRICOR), BROADENING ITS POWERS
AND RESOURCES TO MAKE IT MORE House Bill No. 2871, entitled:
RESPONSIVE TO THE CREDIT NEEDS OF “AN ACT REQUIRING EMPLOYERS TO PROVIDE
FARMERS AND RURAL ENTERPRISES, EMPLOYMENT LEAVE FOR VICTIMS OF
AND FOR OTHER PURPOSES” DOMESTIC VIOLENCE; PROHIBITING
2 THURSDAY, SEPTEMBER 19 , 2013

C E RTA I N A C T S ; A N D P R E S C R I B I N G House Bill No. 2878, entitled:

PENALTIES” “AN ACT FURTHER STRENGTHENING THE YOUTH
By Representatives Arroyo and Macapagal-Arroyo DEVELOPMENT PROGRAM BY CREATING
TO THE COMMITTEE ON LABOR AND LOCAL YOUTH DEVELOPMENT COUNCILS
EMPLOYMENT IN EVERY CITY AND MUNICIPALITY AND
APPROPRIATING FUNDS THEREFOR”
House Bill No. 2872, entitled: By Representatives Arroyo and Macapagal-Arroyo
“ A N A C T C R E AT I N G T H E P O S I T I O N O F TO THE COMMITTEE ON YOUTH AND SPORTS
BARANGAY NUTRITION WORKER IN EVERY DEVELOPMENT
BARANGAY PROVIDING INCENTIVES
T H E R E T O , A P P R O P R I AT I N G F U N D S House Bill No. 2879, entitled:
THEREFOR, AMENDING FOR THE PURPOSE “AN ACT CREATING AND ESTABLISHING THE
PRESIDENTIAL DECREE NO. 1569” INSTITUTE FOR STRATEGIC STUDIES AND
By Representatives Arroyo and Macapagal-Arroyo FOR OTHER PURPOSES”
TO THE COMMITTEE ON LOCAL By Representatives Arroyo and Macapagal-Arroyo
GOVERNMENT TO THE COMMITTEE ON NATIONAL DEFENSE
AND SECURITY
House Bill No. 2873, entitled:
“CHILD SAFETY FIREARMS ACT” House Bill No. 2880, entitled:
By Representatives Arroyo and Macapagal-Arroyo “AN ACT PROVIDING FOR THE MODERNIZATION
TO THE COMMITTEE ON PUBLIC ORDER AND OF THE HEALTH CARE DELIVERY SYSTEM,
SAFETY APPROPRIATING FUNDS THEREFORE AND
FOR OTHER PURPOSES”
House Bill No. 2874, entitled: By Representatives Arroyo and Macapagal-Arroyo
“AN ACT INSTITUTIONALIZING A ‘TULONG- TO THE COMMITTEE ON HEALTH
DUNONG PROGRAM’ FOR STUDENTS
O F U N D E R P R I V I L E G E D FA M I L I E S , House Bill No. 2881, entitled:
APPROPRIATING FUNDS THEREFORE AND “AN ACT INCREASING MATERNITY LEAVE
FOR OTHER PURPOSES” BENEFITS FROM SIXTY (60) DAYS OR TWO
By Representatives Arroyo and Macapagal-Arroyo MONTHS TO ONE HUNDRED TWENTY
TO T H E C O M M I T T E E O N H I G H E R A N D (120) DAYS OR FOUR MONTHS, WITH AN
TECHNICAL EDUCATION ADDITIONAL AND OPTIONAL SIXTY DAYS
(60) OR TWO MONTHS, AMENDING FOR
House Bill No. 2875, entitled: THE PURPOSE, P.D. 442, AS AMENDED BY
“AN ACT STRENGTHENING REPUBLIC ACT R.A. 7322”
NO. 8187, OTHERWISE KNOWN AS ‘THE By Representatives Arroyo and Macapagal-Arroyo
PATERNITY LEAVE ACT OF 1996’, AMENDING TO THE COMMITTEE ON LABOR AND
ITS TITLE AND SECTION 2 THEREFORE” EMPLOYMENT
By Representatives Arroyo and Macapagal-Arroyo
TOTHECOMMITTEEONLABORANDEMPLOYMENT House Bill No. 2882, entitled:
AND THE COMMITTEE ON CIVIL SERVICE AND “AN ACT TO PROHIBIT UNATTENDED CHILDREN
PROFESSIONAL REGULATION IN MOTOR VEHICLES”
By Representatives Arroyo and Macapagal-Arroyo
House Bill No. 2876, entitled: TO THE COMMITTEE ON TRANSPORTATION
“AN ACT CREATING A NATIONAL STUDENT
LOAN BOARD TO IMPLEMENT A NATIONAL House Bill No. 2883, entitled:
STUDENT LOAN PROGRAM FOR THE “AN ACT INSTITUTIONALIZING A SCHOOL
POOR, DEFINING ITS IMPLEMENTING M O D E R N I Z AT I O N A N D I N N O VAT I O N
GUIDELINES, RULES AND REGULATIONS PROGRAM FOR PUBLIC ELEMENTARY AND
AND APPROPRIATING FUNDS THEREFOR” SECONDARY SCHOOLS, PROVIDING FUNDS
By Representatives Arroyo and Macapagal-Arroyo THEREFOR, AND FOR OTHER PURPOSES”
TO T H E C O M M I T T E E O N H I G H E R A N D By Representatives Arroyo and Macapagal-Arroyo
TECHNICAL EDUCATION TO THE COMMITTEE ON BASIC EDUCATION
AND CULTURE
House Bill No. 2877, entitled:
“AN ACT PRESCRIBING ENTREPRENEURSHIP House Bill No. 2884, entitled:
EDUCATION TO HIGH SCHOOLAND COLLEGE “AN ACT SEPARATING THE GEN. LUNA NATIONAL
STUDENTS AND FOR OTHER PURPOSES” HIGH SCHOOL – CONSUELO ANNEX IN
By Representatives Arroyo and Macapagal-Arroyo BARANGAY CONSUELO, MUNICIPALITY OF
TO THE COMMITTEE ON BASIC EDUCATION AND GEN. LUNA, PROVINCE OF SURIGAO DEL
CULTURE AND THE COMMITTEE ON HIGHER NORTE FROM THE GEN. LUNA NATIONAL
AND TECHNICAL EDUCATION HIGH SCHOOL, CONVERTING IT INTO AN
THURSDAY, SEPTEMBER 19, 2013 3

INDEPENDENT NATIONAL HIGH SCHOOL OTHERWISE KNOWN AS THE ‘PHILIPPINE

TO BE KNOWN AS CONSUELO NATIONAL FOOD FORTIFICATION ACT OF 2000’ ”
HIGH SCHOOL AND APPROPRIATING FUNDS By Representative Teves
THEREFOR” TO THE COMMITTEE ON AGRICULTURE AND
By Representative Matugas FOOD
TO THE COMMITTEE ON BASIC EDUCATION
AND CULTURE House Bill No. 2890, entitled:
“AN ACT PROVIDING A SUBSIDIZED HOUSING
House Bill No. 2885, entitled: PROGRAM FOR PUBLIC AND PRIVATE
“AN ACT SEPARATING THE GEN. LUNA NATIONAL SCHOOL TEACHERS”
HIGH SCHOOL – SUYANGAN ANNEX IN By Representatives Cortuna and Piamonte
BARANGAY SUYANGAN, MUNICIPALITY OF TO THE COMMITTEE ON BASIC EDUCATION
GEN. LUNA, PROVINCE OF SURIGAO DEL AND CULTURE
NORTE FROM THE GEN. LUNA NATIONAL HIGH
SCHOOL,CONVERTINGITINTOANINDEPENDENT House Bill No. 2891, entitled:
NATIONAL HIGH SCHOOL TO BE KNOWN AS “AN ACT ESTABLISHING A SPECIAL EDUCATION
SUYANGAN NATIONAL HIGH SCHOOL AND CENTER IN EVERY MUNICIPALITY AND TWO
APPROPRIATING FUNDS THEREFOR” (2) SPECIAL EDUCATION CENTERS IN EVERY
By Representative Matugas CITY NATIONWIDE”
TO THE COMMITTEE ON BASIC EDUCATION By Representatives Cortuna and Piamonte
AND CULTURE TO THE COMMITTEE ON BASIC EDUCATION
AND CULTURE
House Bill No. 2886, entitled:
“AN ACT PROVIDING FOR MANDATORY ANNUAL House Bill No. 2892, entitled:
INSPECTION OF ALL PUBLIC AND PRIVATE “AN ACT TO STRENGTHEN THE POLICIES TO
SCHOOL BUILDINGS BY THE CITY OR ELIMINATE THE MATCHING OF FILIPINO
MUNICIPAL ENGINEER OR BUILDING MEN AND WOMEN THROUGH MAIL ORDER
OFFICIAL AND FOR OTHER RELATED AND OTHER SIMILAR PRACTICES FOR
PURPOSES” PURPOSES OF MARRIAGE OR COMMON LAW
By Representative Calixto-Rubiano PARTNERSHIP WITH FOREIGN NATIONALS,
TO THE COMMITTEE ON BASIC EDUCATION AND REVISING FOR THIS PURPOSE REPUBLIC
CULTURE AND THE COMMITTEE ON HIGHER ACT NO. 6955, OTHERWISE KNOWN AS THE
AND TECHNICAL EDUCATION ANTI-MAIL ORDER BRIDE LAW”
By Representative Vargas
House Bill No. 2887, entitled: TO THE COMMITTEE ON REVISION OF LAWS
“AN ACT TRANSFERRING THE BUREAU OF
FISHERIES AND AQUATIC RESOURCES FROM House Bill No. 2893, entitled:
THE DEPARTMENT OF AGRICULTURE TO “AN ACT DECLARING THE MONTH OF MAY
THE DEPARTMENT OF ENVIRONMENT AND OF EACH YEAR AS FLOOD PREVENTION
NATURAL RESOURCES” MONTH IN THE PHILIPPINES AND FOR
By Representative Reyes OTHER PURPOSES”
TO THE COMMITTEE ON GOVERNMENT By Representative Velasco
REORGANIZATION AND THE COMMITTEE TO THE COMMITTEE ON PUBLIC WORKS AND
O N A Q U A C U LT U R E A N D F I S H E R I E S HIGHWAYS
RESOURCES
House Bill No. 2894, entitled:
House Bill No. 2888, entitled: “ A N A C T R E G U L AT I N G T H E P R A C T I C E
“AN ACT INSTITUTING INDEPENDENT HEALTH OF PLUMBING ENGINEERING IN THE
AND ENVIRONMENTAL ASSESSMENT FOR PHILIPPINES AND PROVIDING PENALTIES
ALL MINING PROJECTS, AMENDING FOR FOR VIOLATION THEREOF”
THE PURPOSE THE PHILIPPINE MINING ACT By Representative Nograles
OF 1995” TO THE COMMITTEE ON CIVIL SERVICE AND
By Representative Reyes PROFESSIONAL REGULATION
T O T H E C O M M I T T E E O N N AT U R A L
RESOURCES House Bill No. 2895, entitled:
“AN ACT STRENGTHENING THE LADDERIZED
House Bill No. 2889, entitled: I N T E R FA C E B E T W E E N T E C H N I C A L -
“AN ACT TO REMOVE OR EXCLUDE REFINED VOCATIONAL EDUCATION AND TRAINING
SUGAR FROM THE LIST OF PRODUCTS AND HIGHER EDUCATION”
COVERED BY THE MANDATORY FOOD By Representative Villar
FORTIFICATION WITH VITAMIN A, AMENDING TO T H E C O M M I T T E E O N H I G H E R A N D
FOR THE PURPOSE REPUBLIC ACT NO. 8976, TECHNICAL EDUCATION
4 THURSDAY, SEPTEMBER 19 , 2013

House Bill No. 2896, entitled: WATERS AS BUFFER ZONES, PROVIDING

“AN ACT TO IMPROVE ACCESS TO EDUCATION FOR ITS MANAGEMENT, AND FOR OTHER
THROUGH OPEN LEARNING AND DISTANCE PURPOSES”
EDUCATION IN POST-SECONDARY AND By Representative Sato
T E RT I A RY L E V E L S O F E D U C AT I O N , T O T H E C O M M I T T E E O N N AT U R A L
APPROPRIATING FUNDS THEREFOR AND RESOURCES
FOR OTHER PURPOSES”
By Representative Villar RESOLUTIONS
TO T H E C O M M I T T E E O N H I G H E R A N D
TECHNICAL EDUCATION House Resolution No. 297, entitled:
“RESOLUTION DIRECTING THE HOUSE
House Bill No. 2897, entitled: COMMITTEE ON GOOD GOVERNMENT AND
“AN ACT ESTABLISHING A STUDENT FINANCIAL PUBLIC ACCOUNTABILITY TO CONDUCT
ASSISTANCE PROGRAM FOR STUDENTS AN INQUIRY, IN AID OF LEGISLATION, ON
OF ECONOMICALLY DISADVANTAGED THE REPORTED ILLEGAL ACTIVITIES AND
FA M I L I E S A N D A U T H O R I Z I N G T H E MALPRACTICES OF THE METROPOLITAN
APPROPRIATION OF FUNDS FOR THE WATERWORKS AND SEWERAGE SYSTEM
PURPOSE” (MWSS) LEADERSHIP INCLUDING THE
By Representative Villar ILLEGAL HIRING OF CONSULTANTS AND
TO T H E C O M M I T T E E O N H I G H E R A N D THE GRANT OF EXCESSIVE BONUSES TO
TECHNICAL EDUCATION BOARD MEMBERS AND CONSULTANTS TO
THE DETRIMENT OF THE RANK AND FILE
House Bill No. 2898, entitled: EMPLOYEES”
“AN ACT PENALIZING THE IMPOSITION OF By Representative Dela Cruz
A ‘NO PERMIT, NO EXAM POLICY’ OR TO THE COMMITTEE ON RULES
ANY SUCH POLICY THAT PROHIBITS
STUDENTS OF POST-SECONDARY AND House Resolution No. 298, entitled:
HIGHER EDUCATION FROM TAKING THEIR “RESOLUTION STRONGLY URGING THE
MIDTERM OR FINAL EXAMINATIONS DUE CONGRESS AND THE PRESIDENT TO
TO UNPAID TUITION AND OTHER SCHOOL RESPOND TO THE PUBLIC CLAMOR FOR THE
FEES” ABOLITION OF THE PORK BARREL SYSTEM,
By Representative Villar ITEMIZE LUMP SUM FUNDS AND ALLOCATE
TO T H E C O M M I T T E E O N H I G H E R A N D THESE TO BASIC SOCIAL SERVICES,
TECHNICAL EDUCATION SUBSTANTIAL SALARY INCREASES FOR
GOVERNMENT EMPLOYEES, AND JOB
House Bill No. 2899, entitled: CREATION AND FOR OTHER PURPOSES
“AN ACT ORDAINING THE PROMOTION AND STATED HEREIN”
DEVELOPMENT OF SOCIAL ENTERPRISES IN By Representatives Colmenares, Tinio, De Jesus, Hicap,
ORDER TO ENSURE POVERTY REDUCTION, Ridon and Zarate
PROVIDING THE MECHANISMS THEREFOR, TO THE COMMITTEE ON APPROPRIATIONS
AND FOR OTHER PURPOSES”
By Representative Castelo House Resolution No. 299, entitled:
T O T H E C O M M I T T E E O N P O V E RT Y “A RESOLUTION DIRECTING THE COMMITTEE
ALLEVIATION ON LEGISLATIVE FRANCHISES TO CONDUCT
AN INQUIRY, IN AID OF LEGISLATION, INTO
House Bill No. 2900, entitled: THE IMPACT OF THE USE OF PERFORMANCE
“AN ACT ESTABLISHING THE MT. MAYAPAY BASED REGULATION ADOPTED BY THE
NATURAL PARK (MMNP) SITUATED IN THE ENERGY REGULATORY COMMISSION, ON
CITY OF BUTUAN AND THE MUNICIPALITY THE POWER RATES BEING CHARGED TO
OF BUENAVISTA, AGUSAN DEL NORTE, AS THE CONSUMERS”
A PROTECTED AREA, PROVIDING FOR ITS By Representative Aggabao
MANAGEMENT PURSUANT TO LAW, AND TO THE COMMITTEE ON RULES
FOR OTHER PURPOSES”
By Representative Fortun House Resolution No. 300, entitled:
T O T H E C O M M I T T E E O N N AT U R A L “RESOLUTION DIRECTING THE COMMITTEE ON
RESOURCES ECOLOGY TO CONDUCT AN INVESTIGATION,
IN AID OF LEGISLATION, ON THE LONG-
House Bill No. 2901, entitled: TERM ENVIRONMENTAL AND ECOLOGICAL
“AN ACT ESTABLISHING THE APO REEF IN IMPACTS OF CONTINUING MAGNETITE
SABLAYAN, OCCIDENTAL MINDORO AS MINING OPERATIONS IN THE CAGAYAN
PROTECTED AREA UNDER THE CATEGORY VALLEY REGION AND THE REASON FOR THE
OF NATURAL PARK AND ITS PERIPHERAL CONTINUATION OF THESE DESTRUCTIVE
THURSDAY, SEPTEMBER 19, 2013 5

PROJECTS DESPITE OPPOSITION OF THE REP. PADILLA, reading:

LOCAL PEOPLE”
By Representatives Colmenares and Zarate August 16, 2013
TO THE COMMITTEE ON RULES His Excellency Benigno Simeon C. Aquino III
President of the Philippines
House Resolution No. 301, entitled: Malacanang Palace Compound
“A RESOLUTION URGING THE PRESIDENT TO
ISSUE A PRESIDENTIAL PROCLAMATION Dear Mr. President,
DONATING TO THE PHILIPPINE CHILDREN’S
MEDICAL CENTER THE LAND IT PRESENTLY Greetings in Peace!
OCCUPIES” I am the present Over-all Chieftain of the
By Representatives Romualdez, Arroyo, Atienza, Dela Bugkalot Tribe a.k.a. Ilongot Tribe or Bugkalot
Cruz, Ortega (V.), Pichay, Revilla and Suarez Indigenous Cultural Communities (ICCs), in the
TO THE COMMITTEE ON HEALTH Province of Nueva Vizcaya, Province of Aurora
and Province of Quirino and also the newly-
House Resolution No. 302, entitled: elected Municipal Mayor of Nagtipunan, Quirino
“RESOLUTION DIRECTING THE COMMITTEE ON province. The Bugkalot Tribe or Bugkalot ICCs
PEACE, RECONCILIATION AND UNITY TO are the private owners of the ancestral domain
CONDUCT AN INVESTIGATION, IN AID OF in which the CE CASECNAN WATER AND
LEGISLATION, ON THE REPORTED DECISION ENERGY COMPANY, INC. is operating and
OF THE GOVERNMENT OF THE PHILIPPINES maintaining the diversion dam, particularly in
TO TERMINATE THE GPH - MORO NATIONAL Pelaway, Alfonso Castaneda, Nueva Vizcaya. This
LIBERATION FRONT-ORGANIZATION OF is a part of the CASECNAN MULTI-PURPOSE
ISLAMIC COUNTRIES TRIPARTITE REVIEW OF IRRIGATION PROJECT; this dam diverts the
THE 1996 PEACE AGREEMENT WHICH LED TO waters from the Casecnan and Taan River through
A MILITARY STANDOFF BETWEEN THE MNLF a tunnel to the Pantabangan Reservoir for power
AND THE ARMED FORCES OF THE PHILIPPINES generation and irrigation. We allowed this Project
THAT RESULTED TO A HUMANITARIAN CRISIS in 1995 with conditions and demands. Through
IN ZAMBOANGA CITY” this project, CE CASECNAN makes billions of
By Representatives Zarate and Colmenares pesos in income.
TO THE COMMITTEE ON RULES However, because of the obvious display of
ingratitude by CE CASECNAN WATER AND
THE DEPUTY SPEAKER (Rep. Abad). The Asst. ENERGY COMPANY, INC., I would like to
Majority Leader is recognized. inform you that Bugkalot Tribe a.k.a. Ilongot Tribe
or Bugkalot ICCs will be taking a drastic move
REP. BELMONTE (J.). Mme. Speaker, I move that we to regulate the entry of CE CASECNAN within
recognize the honorable Deputy Speaker Carlos M. Padilla our domain. This decision was sculptured by the
who wishes to rise on a question of personal and collective following premises:
privilege. In 1995, Bugkalot Tribe a.k.a. Ilongot Tribe
or Bugkalot ICCs allowed the construction of
THE DEPUTY SPEAKER (Rep. Abad). Cong. Carlos the diversion dam project which is a part of the
M. Padilla of the Lone District of Nueva Vizcaya is hereby Casecnan Multi-purpose Irrigation Project with
recognized. The Gentleman is given 10 minutes for his twenty demands. Attached herein is a copy of the
privilege speech. demands to form part hereof. Number 4 of these 20
demands is percentage share for the Ilongot Tribe
QUESTION OF PRIVILEGE OF REP. PADILLA from the project’s proceeds. CE CASECNAN is
very much aware of these twenty (20) demands.
REP. PADILLA. Thank you, Mme. Speaker. I also would In 1993, DENR Department Administrative
like to thank the Deputy and Asst. Majority Leaders, the Hon. Order 02 series of 1993 was issued; Article
Jorge “Bolet” Banal and the Hon. Jose Christopher “Kit” VII Section 1 paragraph 1.2 of said DENR
Y. Belmonte, for allowing this Representation to deliver a DAO 02 provides “The right to benefit and
brief statement. to share the profits from the allocation and
Mme. Speaker, with your permission and with leave of utilization of natural resources within the
the House, may I read the letter of the Over-all Chieftain of domain”. Again, CE CASECNAN is presumed
the Bugkalot Tribes of Nueva Vizcaya, Quirino and Aurora to know this provision of law.
addressed to His Excellency, the President of the Philippines
dated August 16, 2013 as the basis of my privilege speech or, Mme.Speaker, if I may continue to read.
perhaps, I will adopt it, myself, as my privilege speech, Mme
Speaker. So, with your permission, may I proceed. In 1997, Indigenous Peoples Rights Act (IPRA)
a.k.a. RA 8371 was signed into law, wherein
THE DEPUTY SPEAKER (Rep. Abad). You may SECTION 7 (B) OF INDIGENOUS PEOPLES
continue, distinguished colleague. RIGHTS ACT OF 1997 provides:
6 THURSDAY, SEPTEMBER 19 , 2013

a. x x x Sir President, we are pleading for your personal

b. Right to Develop Lands and Natural Resources intervention on this issue to give life to the spirit of
- Subject to Section 57 hereof, right to develop, the Indigenous Peoples Rights Act (IPRA).
control and use lands and territories traditionally
occupied, owned or used; to manage and conserve Very sincerely yours,
natural resources within that territories and
uphold the responsibilities for future generations; ROSARIO K. CAMMA
to benefit and share the profits from the allocation Bugkalot Over-all Chieftain
and utilization of the natural resources found Mayor of Nagtipunan,
therein. Quirino Bugkalot Tribes of Aurora,
xxx Nueva Vizcaya and Quirino Province

I will not read anymore the succeeding lines. Mme. Speaker, that is the text of the letter, which I would
like, not only to be inserted into the record, but would be the
Based on the foregoing references, the Bugkalot basis, as I have said, of any inquiry that would be done by
pleaded on bended knees with the CE CASECNAN the House at the appropriate time, Mme. Speaker.
WATER AND ENERGY COMPANY, INC. for I therefore conclude my statement.
share in the benefits, anchored on the foregoing
paragraphs. Several dialogues happened between THE DEPUTY SPEAKER (Rep. Abad). Thank you,
the Bugkalot Tribe and CE CASECNAN, but Congressman Padilla.
no positive results. CE CASECNAN blatantly The Dep. Majority Leader is recognized.
displayed its unwillingness to share benefits during
the said dialogues. REP. GUNIGUNDO. Mme. Speaker, I move that we
BUGKALOT TRIBE filed then a case for recognize the Honorable Dela Cruz of Abakada Party-List
collection of share of benefits before NCIP for a very pauciloquent manifestation.
Regional Hearing Officer (RHO) against CE
CASECNAN because of the latter’s obvious THE DEPUTY SPEAKER (Rep. Abad). Rep. Jonathan
refusal to share benefits it derived from its A. Dela Cruz of Abakada Party-List is hereby recognized.
operation within the domain of the Bugkalot Please make your interpellation short and sweet, your
Tribe. Bugkalot Tribe anchored their case for manifestation, pauciloquent.
collection of share of benefits as provided for
under Section 7(b) of the Indigenous Peoples REP. DELA CRUZ. Thank you very much, Mme. Speaker.
Rights Act (IPRA). I will just ask two questions and then make my manifestation.
CE CASECNAN filed its answer. Its answer As a matter of fact, Mme. Speaker, I am fully supporting
already displayed their obvious ingratitude to the demand of the Bugkalot Tribe in the provinces of Nueva
the owner of the ancestral Domain in which CE Vizcaya, Quirino …
CASECNAN derived billions of pesos income. CE
CASECNAN is not recognizing any right of the REP. PADILLA. And Aurora.
BUGKALOT TRIBE for said matter. Moreover,
they are not satisfied with their answer, CE REP. DELA CRUZ. Because they really deserve to have this
CASECNAN even went to regular courts (Regional share, not only because they are there, they have been there for
Trial Court) to pray for the declaration of nullity of a long, long time, but because they have allowed CE Casecnan
Section 7, paragraph (a) and (b) of the Indigenous to interfere in their way of living, Mme. Speaker.
Peoples Rights Act. I just wanted to ask the honorable, distinguished Deputy
The patent display of ungratefulness of CE Speaker, will the Deputy Speaker give us an idea on the
CASECNAN forced the BUGKALOT TRIBE to estimated share of the Bugkalot Tribe as of today?
teach CE CASECNAN a lesson. BUGKALOT
TRIBE will do this by exercising other rights REP. PADILLA. Mme. Speaker, based on the letter
provided by them by law, logic and morality. submitted by Chieftain Rosario Camma to the Office of the
Bugkalot Tribe will exercise Section 7 paragraph President dated August 16, 2013, the CE Casecnan has been
(e) of IPRA, “Right to Regulate Entry of Migrant- able to generate about P75 billion. Of course, this could be
Right to regulate the entry of migrant, settlers and gross, it could be subject to verification.
organizations into the domains”. In their letter submitted to then President Fidel V. Ramos
CE CASECNAN did what it thinks to be their on March 31, 1995, 20 demands were asked before the CE
rights by not giving share. The Bugkalot Tribe Casecnan would start its project and be allowed to operate.
now has their turn to do also what is provided by One of the demands is for the payment of a 3 percent royalty
law to be their rights. The Bugkalot Tribe will be share from the proceeds of the CalEnergy in operating the
convening the soonest time in Alfonso, Castañeda, Casecnan multi-purpose dam and project, Mme. Speaker.
Nueva Vizcaya to do some cultural practices/rituals
and to talk on their way of regulating the ENTRY REP. DELA CRUZ. Is it our understanding, Mme.
OF CE CASECNAN into their domain, effective Speaker, that so far, not a single centavo has been given to
September 5, 2013. the Bugkalot Tribe?

THURSDAY, SEPTEMBER 19, 2013 7

REP. PADILLA. So far, not a centavo, Mme. Speaker, REP. GUNIGUNDO. Mme. Speaker, I move that the
was given. speech of the Gentleman from Nueva Vizcaya, together with
the manifestation and interpellation of the Honorable Dela
REP. DELA CRUZ. Therefore, the Bugkalot Tribe is Cruz, be referred to the appropriate committee.
now in a position, not only to demand but to take action
necessary in order that this particular share is properly THE DEPUTY SPEAKER (Rep. Abad). Is there any
provided as undertaken under IPRA, as well as the host objection? (Silence) The Chair hears none; the privilege
community law under the arrangements with the National speech of Deputy Speaker Padilla and the interpellation
Power Corporation. of Representative Dela Cruz are hereby referred to the
Please remember, Mme. Speaker, that there are two appropriate committee.
laws that are covered under this arrangement, the IPRA as Yes, the Dep. Majority Leader is recognized.
well as the host community law. They are supposed to be
providing a share because Casecnan is a multi-purpose dam, CONSIDERATION OF H.B. NO. 2630
it provides power as well. Continuation

REP. PADILLA. That is correct, Mme. Speaker. I would PERIOD OF SPONSORSHIP AND DEBATE
like to express gratitude to our colleague from Abakada Party-
List for highlighting that in his interpellation. REP. GUNIGUNDO. Mme. Speaker, I move that we
For the consumption of our colleagues, Mme. Speaker, resume the consideration of House Bill No. 2630.
while the Casecnan Dam is situated in the province of
Nueva Vizcaya, the implication of what is now happening THE DEPUTY SPEAKER (Rep. Abad). Is there any
in the area has a national significance. First, 40 percent objection? (Silence) The Chair hears none; the motion is
of the water capacity of Pantabangan Dam comes from approved.
Casecnan. The CalEnergy out of the water coming The Secretary General is directed to read the title of House
from Casecnan is able to generate about 150-megawatt Bill No. 2630 for the resumption of its interpellation.
electricity. So, it contributes to the national interest and
national development. THE SECRETARY GENERAL. House Bill No.
2630, entitled: AN ACT APPROPRIATING FUNDS FOR
REP. DELA CRUZ. I really hope that this particular THE OPERATION OF THE GOVERNMENT OF THE
dispute will be settled amicably, Mme. Speaker. But if that REPUBLIC OF THE PHILIPPINES FROM JANUARY
is not going to happen, I really wish the Bugkalot Tribe and ONE TO DECEMBER THIRTY-ONE, TWO THOUSAND
the distinguished Deputy Speaker, the Representative from AND FOURTEEN, AND FOR OTHER PURPOSES.
the Lone District of Nueva Vizcaya, Godspeed. I hope that
these things will finally be put to rest to the satisfaction of the THE DEPUTY SPEAKER (Rep. Abad). Yes, the Dep.
tribe which has been able to withstand all of these impertinent Majority Leader is recognized.
arrangements imposed on it by the CE Casecnan Corporation
all these years. REP. GUNIGUNDO. Mme. Speaker, I move that we
Godspeed, Deputy Speaker. open the period of interpellation and debate on the proposed
Thank you very much, Mme. Speaker. budget of the Presidential Communications Operations
Office, including its attached agencies and corporation. For
REP. PADILLA. As a short reply, we would like also this purpose, kindly recognize the distinguished Sponsor of
to point out that the Casecnan River is the main source the said budget, the Hon. Dakila Carlo E. Cua.
of food of the Bugkalot Tribes. A fish that is dominant
in the area is the so-called Ludong which commands a THE DEPUTY SPEAKER (Rep. Abad). The Hon.
price of about P4,000 to P5,000 per kilo. However, when Dakila Carlo E. Cua is hereby recognized for his sponsorship
the Casecnan Dam was constructed, the ludong became speech on the budget of the Presidential Communications
extinct insofar as the Casecnan area is concerned. Kaya ito Operations Office, including its attached agencies.
po ang isa sa mga gripes ng mga Bugkalot, hindi na nga Magandang umaga po, Congressman Cua.
po sila binabayaran ng three percent and yet nawalan pa
po sila ng hanapbuhay. Imagine ang one kilo is P4,000 to REP. CUA. Magandang umaga, Mme. Speaker, to our
P5,000. Isa lang pong Bugkalot fisherman ay makahuli ng dear colleagues, and PCOO Department headed by Secretary
isa o dalawang isda, siya po ay puwede nang mamahinga Herminio B. Coloma.
for the rest of the week, kahit na isang araw lang siyang We would like to waive the sponsorship speech and we
mangisda. are now ready to accept questions from any Member of the
Thank you, Mme. Speaker. Chamber.
Thank you Gentleman from Abakada Party-List, the
Hon. Jonathan A. Dela Cruz. THE DEPUTY SPEAKER (Rep. Abad). Representative
Dela Cruz from Abakada Party-List is hereby recognized for
THE DEPUTY SPEAKER (Rep. Abad). Marami pong his interpellation.
salamat, Deputy Speaker Padilla. Maraming salamat din,
Representative Dela Cruz. REP. DELA CRUZ. Maraming salamat po, Mme. Speaker.
The Dep. Majority Leader is recognized. Will the distinguished Sponsor yield to a few questions?
8 THURSDAY, SEPTEMBER 19 , 2013

REP. CUA. Ikatutuwa po namin na tanggapin ang nakalulungkot po iyon. May pagkakataon po ba ang PCOO na
kanyang mga katanungan, Mme. Speaker. magbigay na ng listahan ng mga pangangailangan sapagkat
kung may pagkakataon pong maibigay ang listahan na iyan ay
REP. DELA CRUZ. Maraming salamat po. baka pwede po nating makita para mabigyan ng pagkakataon
Mme. Speaker, ang PCOO po ba ay ang opisinang may ang ating mga kasama sa Kongreso na baka maaari po nilang
hawak ng karamihan sa mga news gathering, information i-allocate by way of realignment from other offices po?
and media services ng ating pamahalaan? Iyan po ba ang
hawak ng PCOO? REP. CUA. Mayroon pong listahan na naihanda at nai-
submit na po ng ating PCOO. For PTV 4, we have an amount
REP. CUA. Tama po, Mme. Speaker. of approximately P859 million total budget.

REP. DELA CRUZ. Ang hawak po nito ay nagbabadya REP. DELA CRUZ. Ang Radyo ng Bayan po, magkano
para sa ating bayan sapagkat napakaraming pangangailangan kaya iyon? Kasi baka pwede nang punuan iyon ng mga
pala. Nalalaman ko po na napakaraming pangangailangan ng kaibigan natin sa pamamagitan ng kanilang pagre-realign?
ating pamahalaan lalung-lalo na para sa isang programa na
isinasaad ng ating Pangulo para sa inclusive growth at saka REP. CUA. Sa BBS po or ang tinatawag na Radyo ng
para empowerment ng ating mga mamamayan. Bayan, mayroon pong halagang P285,094,000.
Ako po ay nalulungkot sapagkat nakikita ko rito sa badyet
ng PCOO na bagama’t napakarami pong pangangailangan ng REP. DELA CRUZ. Mayroon po bang pagkakataon
ating pamahalaan at ng ating bayan para sa malinaw, maayos para malaman natin kung ilan naman po ang information and
at kaiga-igaya na mga impormasyon, tinatawag po nating educational budget ng iba’t ibang ahensya o wala pa tayong
good news hindi lamang po mga nababasa natin sa iba’t ibang ganoon na koordinasyon sa iba’t ibang mga ahensya?
mga pahayagan na sa ngayon ay nakaririmarim paminsan-
minsan, ay parang bawas na bawas, parang maliit na maliit REP. CUA. Wala pa pong general matrix, Mme. Speaker, as
po ang badyet ng PCOO. Mayroon po bang pagkakataon to the information budget of the different line agencies. Maganda
tayo para ang badyet na ito ng PCOO ay madagdagan? pong suggestion ang ibinigay ninyo ngayong umaga.
Sapagkat kung atin pong tutuusin, ang pangangailan para
sa isang well-informed and enlightened citizenry ay dapat REP. DELA CRUZ. Opo. Iyon po ang aking isa-suggest
hindi nagkakaroon ng ganitong badyet lamang, hindi pa yata sapagkat kapag nakakuha tayo ng ganyang matrix at maaari
umaabot ng P1 bilyon ang buong badyet ng PCOO kasama nating gawin habang tayo po ay nag de-deliberate dito sa
ang mga attached agencies. ating budget ay baka po pwede nating makurot ang ibang
mga budget ng iba’t ibang mga ahensya para po rito.
REP. CUA. Ang kabuuang badyet po, under the PCOO
ay nagkakahalaga ng mahigit P1 bilyon, sa halagang P1.181 REP. CUA. Ang inyo pong suggestion ay katanggap-
billion, at ikinatutuwa po namin ang layunin ng ating kaibigan tanggap sa amin at malugod naming ipo-propose sa cabinet
from Abakada Party-List, Mme. Speaker, na pasiglahin lalo level.
ang kuwarta o ang badyet ng ating Departamento.
REP. DELA CRUZ. Maraming, maraming salamat po.
REP. DELA CRUZ. May pagkakataon po ba tayo para Panghuli na lang pong question, Mme. Speaker, ang National
magdagdag? Kasi, may mga information budget naman yata Printing Office po at ang APO po ba ay nasa pamamahala o
ang iba’t ibang mga ahensiya ng pamahalaan. Hindi ba maaari supervision ng PCOO?
na dito na lang natin ilagay sa PCOO lahat ng information
budget na iyan at total, ang PCOO naman po yata ang tagapag- REP. CUA. Tama po?
ugnay, coordinative agency para po sa lahat ng information and
educational requirements ng buong pamahalaan? REP. DELA CRUZ. Maaari po bang makakuha ng report
man lang galing sa dalawang ahensya na ito, kung ano na po
REP. CUA. Iyan naman po ang tungkulin ng Kongreso, ang mga kalagayan, the standing of these offices para lang
Mme. Speaker, na suriin ang badyet at kung ating nakikitang malaman natin kung internationally accepted ang kanilang
nararapat na isaayos ito ay nasa atin pong kapangyarihan. mga gawain at kung maaaring kailangan pa nila ng additional
funding ay mabigyan din po natin sapagkat napakahalaga po,
REP. DELA CRUZ. Maraming salamat po, Mme. I understand that the National Printing Office, for example,
Speaker. is now the printer of record, as far as all government forms
Ang nakikita ko pong napakahalagang halimbawa rito ay and receipts are concerned. If that is correct, do we have
ang tungkol po sa Radyo ng Bayan, halimbawa, at saka iyong the equipment for that purpose? Do we have the capacity to
ating PTV 4. Nakakaiyak po ang PTV 4 kung ikukumpara po do this, that includes also printing for all local government
rito sa mga private TV stations. Parang kung minsan ay nag- requirements, is that correct, Mme. Speaker?
i-i-snowflake ang PTV 4, ay hindi ko ho maintindihan. Ang
atin po bang PCOO, ang atin po bang communications office REP. CUA. Tama po ang ating distinguished colleague,
ay naglaan ng mga requirements para naman pasiglahin at na sila po ang naatasan na tagapag-imprenta ng mga
paayusin ang mga instalasyon na ito ng gobyerno? Sapagkat government and security forms. I have been informed
nakakaiyak po kung minsan, halimbawa po sa amin sa Ilocos, na talagang mayroon silang kakayahan at kapasidad na
nawawala pa ang signal ng mga istasyon ng ating pamahalaan, gampanan ang kanilang mandato.
THURSDAY, SEPTEMBER 19, 2013 9

REP. DELA CRUZ. Napakaganda pong pakinggan iyan REP. GUNIGUNDO. Including its attached agencies
at sana nga po, iyan nga ang mangyayari. Iyan lamang po ang and corporation.
aking nais itanong, Mme. Speaker. Ang nais ko lamang pong
i-manifest, for the record, gaya ng nabanggit ko na kanina ay, THE DEPUTY SPEAKER (Rep. Abad). Including its
I am really shocked that we have a P 1.1 billion budget for an attached agencies. (Applause)
organization that is supposed to provide the Filipino people
the kind of information and education required not only by SUSPENSION OF SESSION
way of timely information but also by way of educational
undertakings because that is the job of the communications REP. GUNIGUNDO. I move to suspend the session
arm of the government. If the various communications arms for a few minutes to allow the PCOO family to extricate
of very small private corporations have budgets in the billions, themselves from the hall.
how can we not afford to have more than that in the case of
the PCOO? That is just my manifestation, Mme. Speaker. THE DEPUTY SPEAKER (Rep. Abad). The session
Thank you very much for the opportunity. is suspended.

REP. CUA. Thank you, distinguished colleague, na- It was 10:38 a.m.
appreciate po namin ang sentimyento ng ating kagalang-
galang na kaibigan mula sa Abakada Party-list. Agad po RESUMPTION OF SESSION
naming isa-submit sa kanya ang mga hinihiling niya pong
mga reports mula sa Department. At 10:42 a.m., the session was resumed.

THE DEPUTY SPEAKER (Rep. Abad). Salamat po, THE DEPUTY SPEAKER (Rep. Abad). The session
Representative Dela Cruz. Salamat, Congressman Cua. is resumed.
The Dep. Majority Leader is recognized. The Dep. Majority Leader is recognized.

REP. GUNIGUNDO. Mme. Speaker, please recognize REP. GUNIGUNDO. Mme. Speaker, I move that we
the Hon. Silvestre “Bebot” H. Bello III of 1-BAP Party- open the period of interpellation and debate on the proposed
List for the favorite motion of the Minority during budget budget of the Mindanao Development Authority, the Southern
deliberations. Philippines Development Authority and the Zamboanga
City Special Economic Zone Authority and for this purpose,
THE DEPUTY SPEAKER (Rep. Abad). Yes, to kindly recognize the Honorable Sema, to sponsor the
Representative Bello is recognized. proposed budget of the said agencies.

REP. BELLO (S.). Thank you very much, Mme. Speaker. THE DEPUTY SPEAKER (Rep. Abad). The Hon. Bai
Thank you, honorable Representative from the Lone District Sandra A. Sema of the First District of Maguindanao is hereby
of Quirino, my ahijado, Congressman Daks Cua. recognized to sponsor the budgets of the said agencies.

REP. CUA. Magandang umaga po. SPONSORSHIP SPEECH OF REP. SEMA

REP. BELLO (S.). As correctly observed by the honorable REP. SEMA. Thank you, Mme. Speaker.
Representative of Abakada, the budget of the Presidential Mme. Speaker, distinguished Members of this august
Communications Operations Office should not be reviewed Body, ladies and gentlemen, good morning.
anymore. In fact, it should be augmented according to Today is the fourth day since we started the plenary
Congressman Dela Cruz. It is for this reason that I respectfully deliberations on the Fiscal Year 2014 General Appropriations
move, with the indulgence of Congressman Cua, for the Bill, House Bill No. 2630. We are all gathered here to make
termination of the consideration of the budget of the PCOO. sure that we, as Representatives of our people, ensure
that whatever we spend will redound to the benefit of our
THE DEPUTY SPEAKER (Rep. Abad). What does the constituents and the Filipino people as a whole. Our people
Dep. Majority Leader say? have placed in us the responsibility of making sure that
every budget submitted by the Executive is responsive and
REP. GUNIGUNDO. Mme. Speaker, there being no committed to lifting the nation from poverty.
other Member from the Majority who wishes to interpellate Mme. Speaker, the National Budget is not merely a
on the proposed budget of the PCOO including its attached piece of document with numbers and figures, but rather a
agencies or corporation, we join the Gentleman from 1-BAP tool that will empower our people by laying the foundations
Party-List in moving for the termination of the period of for equitable progress, for growth that benefits all and leaves
interpellation and debate on the proposed budgets of the no one behind. We sincerely hope that the budget transforms
PCOO, including its attached agencies and corporation. our visions into tangible reality for our citizens.
Mme. Speaker, I was tasked to sponsor the budgets
THE DEPUTY SPEAKER (Rep. Abad). With the joint of the following agencies: the Southern Philippines
motion of the Asst. Minority Leader and Dep. Majority Development Authority or SPDA, led by Administrator
Leader, the deliberations and sponsorship on the budget of Jerry Tomawis; the Mindanao Development Authority or
the PCOO is hereby terminated. MINDA, headed by our dynamic Secretary Lu Antonino;
10 THURSDAY, SEPTEMBER 19 , 2013

the Zamboanga City Special Economic Zone Authority REP. SEMA. Yes, Mme. Speaker.
or ZAMBOECOZONE; the National Commission on
Muslim Filipinos or NCMF and the Autonomous Region REP. DELA CRUZ. Thank you very much.
in Muslim Mindanao or ARMM. But today, Mme. Speaker, All of these agencies, distinguished Sponsor, Mme.
this Representation will just be defending the budgets of Speaker, are Mindanao-based, essentially. May we know,
the SPDA, MINDA and ZAMBOECOZONE. The other what is the total allocation for all the agencies that you
agencies have been scheduled for sponsorship and debate mentioned that you are sponsoring for approval?
on the 27th of this month.
All these agencies, as you can see, Mme. Speaker, REP. SEMA. It is P232 million, Mme. Speaker.
are focused on Mindanao for its economic development.
Mindanao is the most culturally diverse island in the REP. DELA CRUZ. P232 million? We are talking about
Philippines, where people of different languages and tribes the Mindanao Development Authority, the SPDA and the
meet, and where widespread poverty and different religious ZAMBOECOZONE, and you are talking only about P232
affiliations exist. Thus, Mme. Speaker, there is no question million, Mme. Speaker?
that Mindanao deserves more funds.
Let me start with the SPDA. The SPDA is requesting a REP. SEMA. Yes, Mme. Speaker.
P52.040-million budget, a budget that will mostly be utilized
for Personnel Services (PS) and Maintenance and Other REP. DELA CRUZ. P232 million—that is not even the
Operating Expenses (MOOE). budget of one of the smallest government agencies of the
In the case of MINDA, Mme. Speaker, Mindanao national government offices. I understand, of course, that the
stakeholders have long been lobbying for a permanent SPDA, for example, Mme. Speaker, is one of the creations
mechanism that would ensure a strong voice for Mindanao provided for under the 1996 Jakarta Accord. You mean to
in the national agenda. As Mindanao’s lead agency in tell me that this is only the budget that is afforded these
coordinating and integrating development efforts that would Mindanao-based offices?
bring about accelerated socio-economic development in
Mindanao, the budget of P98.807 million is relatively not REP. SEMA. Unfortunately, yes, Mme. Speaker.
big to perform this task.
On the other hand, Mme. Speaker, Special Economic REP. DELA CRUZ. For example, in the case of the
Zones (SEZs) can attract investments and foreign exchange, Zamboanga Ecozone the amount, according to Mayor Beng
spur employment and boost the development of improved Climaco, of damage to property as well as to the investment
technologies and infrastructure. Mme. Speaker, the climate in Zamboanga, is more than P2 billion already. The
ZAMBOECOZONE was conceptualized to be an economic Zamboanga Ecozone is supposed to provide part of the
hub designed to generate economic activities to serve as a stimulus for the development of Zamboanga City as well as
springboard for the promotion of trade, investments and eco- its environs, and we have this kind of budget.
tourism throughout the region. The budget of P82 million is Mme. Speaker, I am really shocked at the manner by
relatively inadequate to pursue all these objectives. which we are treating these agencies based in Mindanao.
Mme. Speaker, in summary we have for the SPDA, Will the distinguished Sponsor be amenable for us to request
P52.040 million; the MINDA, P98.8 million; and the our colleagues in Congress to look for other means by which
ZAMBOECOZONE, P82 million. we can augment the budget of these particular agencies,
Given these, it is my humble appeal, Mme. Speaker, Mme. Speaker, at least to a level that will be comparable to
that we favorably consider the SPDA, MINDA, and even some of the more critical agencies now operating not only
the Zamboanga Ecozone budgets for 2014. in Mindanao, but in the country?
So in closing, allow me to end by quoting this saying:
“We are made wise, not by the recollection of our past, but REP. SEMA. Mme. Speaker, the recommendation of my
by the responsibility for our future.” good colleague is most welcome and we will make the proper
Thank you and wa salaam, Mme. Speaker. representation to the Committee on Appropriations.

THE DEPUTY SPEAKER (Rep. Abad). Marami pong REP. DELA CRUZ. Thank you very much, Mme. Speaker.
salamat, Rep. Bai Sandra Sema. Mme. Speaker, I just wanted to make that kind of
The Dep. Majority Leader is recognized. manifestation and to request the distinguished Sponsor of the
three Mindanao-based agencies to make that of record because
REP. GUNIGUNDO. Mme. Speaker, I move that we we cannot afford to have this kind of treatment afforded to
recognize the Honorable Dela Cruz of the Abakada Party-List our Mindanao-based agencies. These are the agencies that are
for his interpellation. supposed to provide the kind of road map for the development
and integration of Mindanao into the mainstream, and I am really
THE DEPUTY SPEAKER (Rep. Abad). Representative shocked that we are giving this pittance, very miniscule budget
Dela Cruz is now recognized for his interpellation. to these agencies, Mme. Speaker.
So, I will be happy to join the Sponsor in looking for
REP. DELA CRUZ. Thank you very much, Mme. possible ways by which we can augment the budgets of these
Speaker. agencies, as well as other agencies that are essentially focused
Will the distinguished Sponsor yield to a few on the development and integration of Mindanao into the
questions? national mainstream.
THURSDAY, SEPTEMBER 19, 2013 11

Thank you very much, Mme. Speaker. Thank you very THE DEPUTY SPEAKER (Rep. Abad). The session
much, distinguished Sponsor. is resumed.

THE DEPUTY SPEAKER (Rep. Abad). Salamat po, REP. GUNIGUNDO. Mme. Speaker, I move that we
Congressman Dela Cruz. open the period of interpellation on the proposed budget
The Dep. Majority Leader is recognized. of the Pasig River Rehabilitation Commission and for this
purpose, to kindly recognize the Honorable Evardone of
REP. GUNIGUNDO. Mme. Speaker, I move that we Eastern Samar for his sponsorship of the said proposed
recognize the Honorable Bello of 1-BAP Party-List. budget.

THE DEPUTY SPEAKER (Rep. Abad). Congressman THE DEPUTY SPEAKER (Rep. Abad). The distinguished
Bello is recognized. Representative from the Lone District of Eastern Samar, Rep.
Ben P. Evardone, is hereby recognized to sponsor the budget
REP. BELLO (S.). Thank you, Mme. Speaker. of the Pasig River Rehabilitation Commission.
After the eloquent presentation of the honorable
Cong. Bai Sandra Sema, I respectfully move, Mme. REP. EVARDONE. Thank you, Mme. Speaker.
Speaker, to terminate the period of interpellation on the The Committee is ready to answer some questions and
budget of the three agencies, namely: the offices of the defend the proposed budget of the Pasig River Rehabilitation
Mindanao Development Authority, the Southern Philippines Commission.
Development Authority and the Zamboanga City Special
Economic Zone Authority. THE DEPUTY SPEAKER (Rep. Abad). The Dep.
Majority leader is recognized.
REP. GUNIGUNDO. Mme. Speaker.
REP. GUNIGUNDO. Mme. Speaker, it has been
THE DEPUTY SPEAKER (Rep. Abad). What does the intimated to me that one of the Members wanted to
Dep. Majority Leader say? interpellate the Gentleman from Eastern Samar but
unfortunately, he is not around. We have been trying to
REP. GUNIGUNDO. There being no other Member who locate him, but he is not around. Therefore, I move that
wishes to interpellate the Sponsor on the proposed budgets we recognize the Hon. Silvestre H. Bello III of the 1-BAP
of the three agencies mentioned, I join the motion of the Party-List.
Honorable Bello in moving for the termination of the period
of interpellation and debate on the proposed budgets of the THE DEPUTY SPEAKER (Rep. Abad). Congressman
Mindanao Development Authority, the Southern Philippines Silvestre Bello is now recognized.
Development Authority and the Zamboanga City Special
Economic Zone Authority. REP. BELLO (S.). Thank you, Mme. Speaker. Having
reviewed the budget of the Pasig River Rehabilitation
THE DEPUTY SPEAKER (Rep. Abad). Is there any Commission, and there being no questions, I hereby
objection? (Silence) The Chair hears none; the motion to move, Mme. Speaker, for the termination of the period of
terminate the period of interpellation and debate on the interpellation on the budget of the said Commission.
budgets of these three offices: the Mindanao Development
Authority, the Southern Philippines Development Authority THE DEPUTY SPEAKER (Rep. Abad). What does the
and the Zamboanga City Special Economic Zone Authority, Dep. Majority Leader say?
is hereby approved.
REP. GUNIGUNDO. Before the Majority Leader joins
REP. GUNIGUNDO. Mme. Speaker. the motion of the Gentleman, we would like to ask the
Speaker to acknowledge the Honorable Dela Cruz of the
THE DEPUTY SPEAKER (Rep. Abad). The Dep. Abakada Party-List who wishes to interpellate the Sponsor
Majority Leader is recognized. of the proposed budget.

SUSPENSION OF SESSION THE DEPUTY SPEAKER (Rep. Abad). Congressman

Dela Cruz is hereby recognized for his interpellation on the
REP. GUNIGUNDO. I move that we suspend the session budget of the Pasig River Rehabilitation Commission.
for a few minutes.
REP. DELA CRUZ. Maraming salamat, po, Mme.
THE DEPUTY SPEAKER (Rep. Abad). The session Speaker. I wanted to ask two questions of the Sponsor, if that
is suspended. is possible. Will the Sponsor yield to these two questions,
Mme, Speaker?
It was 10:54 a.m.
REP. EVARDONE. Willingly, Mme. Speaker.
RESUMPTION OF SESSION
THE DEPUTY SPEAKER (Rep. Abad). Please continue
At 10:57 a.m., the session was resumed. with your interpellation.
12 THURSDAY, SEPTEMBER 19 , 2013

REP. DELA CRUZ. Maraming salamat po, Mme. REP. DELA CRUZ. We will appreciate it if that can be
Speaker. I just wanted to find out from the Sponsor if he has shown, Mme. Speaker, because that will provide the public
a listing of all of the projects that have been undertaken so and our colleagues in the House an opportunity to take a
far by the Pasig River Rehabilitation Commission, and which look at the manner by which this rehabilitation program is
particular projects are these. Are these projects in consonance being undertaken.
with a road map for the rehabilitation of the said river system,
Mme. Speaker? THE DEPUTY SPEAKER (Rep. Abad). Do we have
the slides now?
REP. EVARDONE. Yes, Mme. Speaker, we can provide
the good Gentleman the list of the projects, and this is based SUSPENSION OF SESSION
on the road map and the mandate of the Commission, Mme.
Speaker. REP. GUNIGUNDO. I move to suspend the session for
a few minutes.
REP. DELA CRUZ. Thank you very much, Mme.
Speaker. Can you please educate us on how this road THE DEPUTY SPEAKER (Rep. Abad). The session
map interfaces with the projects being undertaken by the is suspended.
Metro Manila Development Authority as well as the other
government agencies involved in the development of the entire It was 11:05 a.m.
Metro Manila area. I understand that there are funds available
to various government agencies that may interface with the RESUMPTION OF SESSION
activities of the Pasig River Rehabilitation Commission, and
these are in billions of pesos? I understand, for example, that At 11:08 a.m., the session was resumed.
the Department of Public Works and Highways has a budget
of at least P10 billion for flood control projects in the metro THE DEPUTY SPEAKER (Rep. Abad). The session
area. I also understand that the MMDA has a continuing is resumed.
allocation for, precisely, the kind of activity that the Pasig Congressman Evardone, you might want to explain the
River Rehabilitation Commission is undertaking. We just slides.
wanted to find out so please educate us how these particular
projects are being integrated, if there is such a plan, and REP. EVARDONE. Thank you, Mme. Speaker. We just
how these interface, so that we will have an idea where the wanted to show to the Members of this Body several projects
accountability begins and where the accountability ends, that were undertaken by the Commission. Like this one, the
Mme. Speaker. slide shows the before and after—that is the present Estero
de Paco, and next, is Estero de San Miguel, before.
REP. EVARDONE. Thank you, Mme. Speaker. For the
information of the Body, Mme. Speaker, the Chairman of the REP. DELA CRUZ. This is Estero de Paco.
Commission is the DENR Secretary, with the Chairman of
the MMDA as Co-Chair, and members from the Office of the REP. EVARDONE. That is Estero de Paco, still, Estero
Executive Secretary, the DPWH, the DOT, the DOTC, and de Paco, can we show Estero de San Miguel? Iyan po iyong
other major line agencies, Mme. Speaker. So, actually, the pagkakaiba, iyong before at saka after noong rehabilitation.
Commission only collaborates and integrates the programs, Iyong Estero de San Miguel. Ayan po, dahil po sa nawala na po
activities and projects of these agencies, but for its particular iyong mga bara-bara doon, wala na pong mga ano… Iyan, San
mandate, Mme. Speaker, the Commission is limited to the Miguel before. Iyan na po ngayon ang Estero de San Miguel.
rehabilitation and restoration of the Pasig River and its Iyong Estero de Aviles, baka puwede nating… iyong ibang
tributaries, Mme. Speaker. The dredging is undertaken by the slides, please. Iyan na po iyan. Anyway, iyan po ang iba’t ibang
DPWH, the relocation is undertaken by the NHA, and other proyekto na ginagawa po ng Commission, Mme. Speaker.
activities by other agencies, Mme. Speaker.
THE DEPUTY SPEAKER (Rep. Abad). Salamat,
REP. DELA CRUZ. Thank you very much, Mme. Congressman Evardone.
Speaker. That means that the Pasig River Rehabilitation
Commission is limited to number one, integration of the REP. DELA CRUZ. Napakaganda po, Mme. Speaker, ng
programs and projects that are available for purposes of ginagawa ng Pasig River Rehabilitation Commission. Ang
rehabilitating the system, and the implementation of specific tanong ko lang po sa ating butihing Sponsor ay ito po ba
projects meant to do such an undertaking is being outsourced, ay sustainable? Napakarami pong mga kailangan na ayusin
in effect, to the various implementing agencies. There is no pa rito sa Pasig River system mismo at kasama na po diyan
project that is being implemented right now, Mme. Speaker, iyong pag-aayos mismo sa pinanggagalingan ng tubig ng
aside from coordination activities by the Pasig River Pasig River, ang Laguna Lake Development Authority group.
Rehabilitation Commission? Kaya, may kaugnayan po ba ang Pasig River Rehabilitation
Commission sa ginagawa naman po ng Laguna Lake
REP. EVARDONE. There are, Mme. Speaker, like the Development Authority?
rehabilitation and the restoration of the Pasig River and
specifically, the development of some areas. Maybe, we can REP. EVARDONE. Totoo po iyan, Mme. Speaker. Ito
show some slides, Mme. Speaker, if we can be allowed. po ay sustainable dahil, unang-una po, wala na po iyong mga
THURSDAY, SEPTEMBER 19, 2013 13

informal settlers diyan, so, mayroon pong mga na-organize ang REP. DELA CRUZ. Opo, kasi ayaw naman natin na
Commission na tinatawag na River Warrior Program na kung magdu-duplicate siyempre ang gawain ng mga ahensiyang
saan po ay sila iyong nagbabantay na hindi bumalik iyong dating ito sapagkat ang Pasig River Rehabilitation Commission ay
kalagayan ng mga esterong ito. So, aside from that, may private isang integrative body para po sa pag-aayos ng Pasig River
sector naman po. Iyong iba nag-o-organize po ng livelihood System. Napakaganda po kung ito ay mapag-ugma-ugma nila
program doon sa mga areas na affected by the program. at maayos nang gaya ng nabanggit po ng ating distinguished
Sponsor.
REP. DELA CRUZ. Ito po bang river warriors na ito So, sa kalaunan, ang inyo pong pagtaya, Mme. Speaker,
ay suwelduhan ng Commission o mga volunteers po itong is that in a matter of five to 10 years, pwede na po ba nating
mga ito? sabihin na pwede na tayong bumalik noong kapanahunan
po ni Dr. Jose Rizal na ang Pasig River ay pwede na nating
REP. EVARDONE. Well, mayroon po silang allowance, paliguan, pwede na nating gamitin para sa pag-aayos gaya
Mme. Speaker, itong mga river warriors na ito. Sila ay ng nababanggit po noong kapanahunan na iyon? Ano po ba
tumutulong nga po na mag-maintain nitong na-rehabilitate ang programa ng pag-aayos ng Pasig River system? Five
o na-develop na mga esteros po. years, 10 years?

REP. DELA CRUZ. Napag-uusapan po natin iyong REP. EVARDONE. Mayroon pong 10-year master plan
private sector. Sigurado pong malaki ang naitutulong ng po ang Komisyon para isaayos po itong Pasig River po natin at
private sector pagdating po rito sa rehabilitation ng Pasig ang mandate po talaga ay maging daluyan po ito ng transport
River, kasama na siyempre diyan iyong mga naninirahan facilities at maging category C ba iyong tubig doon na kung
mismo sa paligid ng river system na ito. Marami po rito saan pwede nang lumangoy, pwede nang mamangka doon
ay aayusin na ng iba’t ibang mga sector para sila naman ay sa Pasig River. Kasi ngayon po yata ay talagang, hindi ka pa
magkaroon ng pagkakataong mamuhay nang mas maayos lumalangoy baka nalulunod ka na sa amoy pa lang ng Pasig
kaysa sa iyong sila ay nasa gilid-gilid lamang ng river system River. Pero, iyon po ang mandate.
na ito. Pero iyong private sector po, ano naman po ang naging
participation nila sa rehabilitation ng Pasig River? REP. DELA CRUZ. Ten years.

REP. EVARDONE. Well, may mga nagbo-volunteeer REP. EVARDONE. Ten years. Opo.
po na mga private sector individuals and organizations
na katulong nga po ng Commission para nga ma-sustain REP. DELA CRUZ. Ten years. Final question po.
itong ginagawa nila. Iyong iba po ay nagbibigay ng Ang inililikas, at ang tinatanggal ng ating Pasig River
livelihood, at iyong iba nga po ay sa may Paco yata, kung Rehabilitation Commission at saka iyong iba’t ibang
hindi ako nagkakamali, mayroon silang parang market ahensiyang involved para po ayusin ang Pasig River ay
na na-organize, ganoon po, sa mga area po doon. Pero hindi naman po puro mga informal settlers lang? Kasama
alam po ninyo, ito ang personal observation ko po, Mme. po ba diyan ang pagtatanggal ng mga factory? Iyong mga
Speaker. Sa ngayon po, nakatutok ang Commission sa malalaking mga factories at saka mga buildings na nandidiyan
mga esteros that lead to the main artery po. Kasi po, kahit na mismo sa ilog? Wala na pong easement. Ang nangyayari
gaanong gawin mong paglilinis ng Pasig River, iyong main po ay marami pong ganyan na system. Mayroon po bang
artery, kung hindi po natin uunahin iyong mga esteros at listahan ang Pasig River Rehabilitation Commission ng mga
tributaries na tumutulong po na ma-pollute ang ating Pasig buildings at saka mga factories na iyan at mayroon na po ba
River ay wala pong mangyayari. Kaya po naka-focus po silang napatanggal na mga buildings at saka mga factories?
ang Commission doon sa mga esteros na naka-connect po Mayroon na po ba silang na-demolish nang sa ganoon ay
doon sa main artery ng Pasig River. masabi natin na hindi tayo selective at ang ating pinag-
iisipan lamang ay iyong mga tinatawag natin na kawawang
REP. DELA CRUZ. So, kasama na po diyan siyempre kababayan na mga “informal settlers”?
iyong mga, halimbawa, nasa Napindan Channel, kasama na
po diyan siyempre iyong mga nasa Taytay, at kasama na po REP. EVARDONE. Mayroon daw pong listahan, Mme.
diyan siyempre iyong mga nasa Cainta kasi napakalawak po Speaker, at iyon nga po, inuulit natin na ang focus po ngayon
nito at siyempre iyong mga nasa San Juan River system, para ay sa mga esteros po lamang pero kasama po iyan sa plano,
itong mga ito ay iugnay din natin doon sa naibibigay natin na talagang itong mga factories na ito ay major contributory po
budget para sa National Housing Authority at saka sa DILG, ito sa pagbagsak ng kalidad po ng Pasig River.
later on pagdating po sa pag-aayos ng informal settlers sa Totoo po iyan talaga. Totoo po iyan. Kasi iyon
mga tinatawag nating danger zones. pangdisposal ng mga waste po ng mga factories, iyong iba
riyan ay diretso po sa Pasig River. So,…
REP. EVARDONE. Correct po iyan. Tama po iyan. In
fact po, during the briefing, that is one of the questions I asked: REP. DELA CRUZ. Maganda po sana kung iyan ay
“Anong relasyon ninyo sa DILG?” Kasi ang pagkakaalam ko kasama sa study kung wala pang nagagawa ang Pasig River
po, mayroon ding mga program ang DILG na ilikas po itong Rehabilitation Commission. Kung ang magagawa lamang po
mga kababayan natin na nasa mga esteros. Ang sabi po ng ng Pasig River Rehabilitation Commission sa taong ito ay
Comisyon ay limited po doon sa Pasig River at iyong mga magkaroon ng pag-aayos, paglilista, by way of the zoning
tributaries po, iyong mga esteros. So iyon po iyong isang laws ng mga komunidad, hindi lang po iyong mga nakatira
delineation po ng dalawang ahensiya. doon, nakatirik doon, kung hindi iyong factories, buildings,
14 THURSDAY, SEPTEMBER 19 , 2013

mga subdivisions, marami pong mga ganoon. Di ko nga ang sigla at buhay ng Pasig River system, at siyempre, lahat
alam kung ang Pasig River Rehabilitation Commission po ng ating bodies of water na kailangang maalagaan na
o ang LLDA ay may hawak nito sapagkat mayroon pong mabuti para sa ating mga mamamayan.
report noong minsan na ang isang dambuhalang supermarket, Gaya ng nabanggit ko po, ibibigay ko iyong aking
halimbawa, ito ay chain po, ang pinaglalagyan po niyan ng kaunting nalalaman tungkol po rito sa mga nagpo-pollute
kanyang waste mismo ay itong Pasig River system. Mamaya na mas malaki po, mas malalaki po itong mga ito. Hindi
po ay ibubulong ko sa inyo kung ano itong supermarket chain po mga gourami ito, mga dambuhala po ito, mga balyena
na ito. At kung hindi kaya ng LLDA at saka ng Pasig River po ito, kaya atin pong asahan na kapag naibigay po natin
Rehabilitation Commission na aysuin ang man lang ang iyong ating kaunting kaalaman sa Pasig River Rehabilitation
kanilang wastewater—wala silang treatement facilities— Commission ay kanilang susuyurin at titingnan kung ano ang
Mme. Speaker, ay wala pong kakwenta-kwenta kung bibigyan mga gagawin dito.
natin ng pera na ganyan kalaki ang Pasig River Rehabilitation Akin din pong ipinapanukala na kung wala pong
Commission dahil itong supermarket chain na ito hindi man gagawin ang rehabilitation commission na ito, sa madaling
lang nila kayang ayusin, ni hindi nila pwedeng lagyan ng panahon kung maaari, ay tingnan natin ulit ang kanilang
wastewater treatment, Mme. Speaker. pagpopondo.
Kaya nag-alala po ako sapagkat baka ang isipin ng Maraming, maraming salamat po, Mme. Speaker,
ating mga kababayan ay mga gurami lamang ang ating distinguished Sponsor.
sinisikwat. Hindi natin tinitingnang mabuti iyong mga
balyena na naglipana po diyan sa sistema at siyempre nagko- REP. EVARDONE. Maraming salamat din po.
contribute po ng malaki sa problema natin diyan sa Pasig Gusto lang po naming linawin na hindi lang po
River system. ang Commission ang mayroong responsibilidad dito sa
Napakahalaga po na malaman natin sa Pasig River binabanggit po ng ating kasamahan. Actually, maraming
Rehabilitation Commission kung sila ay gagawa ng ganitong ahensya po ang dapat magtulung-tulong dito, specifically,
studies o bibigyan ko po sila ng studies. Ako na lang po ang sa pag-implement po ng Urban Development and Housing
magbibigay sa kanila. Hindi ko na po kailangan ng budget Act.
na iyan para ako na po ang magbibigay ng studies sa kanila. Kung iyon po talaga ay masususog, talagang malaking
Mayroon po akong kopya ng mga ginawang studies na iyan tulong po iyan para malinis ang Pasig River, Mme.
hanggang ngayon kaya nga pagpunta po natin sa budget Speaker.
ng DENR at LLDA, tatanungin ko rin po ulit ito kung Salamat po, Mme. Speaker.
sila po ba ay mayroong poder na itong mga ito ay bigyan
ng pagkakataong mag-ayos. Kung hindi sila mag-ayos ay THE DEPUTY SPEAKER (Rep. Abad). Maraming
kailangan silang buwagin, maski na po napakalaki nilang salamat sa ating dalawang Kinatawan, kay Congressman Dela
mga establisimiyento, Mme. Speaker. Cruz at kay Congressman Evardone, sa kanilang paglilinaw
Kaya kung maaari po, bigyan tayo ng Pasig River kung ano talaga ang hamon at tungkulin ng tanggapan ng
Rehabilitation Commission ng mga gagawin nila pagdating Pasig River Rehabilitation Commission.
po rito para hindi po mga gurami lamang ang ating mga The Dep. Majority Leader is recognized.
pinag-iisipan. Iyong mga informal settlers, puro gurami po
ito, e ang dami pong dambuhalang balyena diyan na hindi REP. GUNIGUNDO. Mme. Speaker, I now join the
naman tinitingnan ng Laguna Lake Development Authority motion earlier raised by the Hon. Silvestre “Bebot” H.
at saka ng Pasig River Rehabilitation Commission. Bello III of 1-BAP Party-List to terminate the period of
Napakahalaga po nito, Mme. Speaker, at kung maaari, interpellation and debate on the proposed budget of the Pasig
samahan po ninyo kami para ito ay ating ibulgar. Kung hindi River Rehabilitation Commission.
po natin magagawa ito, sayang po ang ating ibibigay na
budget dito sa Komisyon na ito. THE DEPUTY SPEAKER (Rep. Abad). Is there any
objection? (Silence) The Chair hears none; the motion is
REP. EVARDONE. Tama po iyan. Ang Komite po approved.
ba ay sang-ayon sa mga inihayag ng ating kasamahan, na The period of interpellation and debate on the budget of the
talagang hindi lang tayo mag-limit doon sa sinasabi niyang Pasig River Rehabilitation Commission is now terminated.
gourami, dapat sino man ang tatamaan na nagko-contribute
para mapasama iyong Pasig River ay talagang tutukan din SUSPENSION OF SESSION
po iyan. Pero hindi lang po ang Commission kasi wala pong
gaanong power ito. Ang main task po na iyan ay nasa LLDA REP. GUNIGUNDO. Mme. Speaker, I move that we
at iba pang ahensya ng ating gobyerno, Mme. Speaker. suspend the session until 1:30 in the afternoon, today.
Pero tama po iyon, lahat po dapat ay magsama-sama
dahil hindi po kaya kung itong mga malalaking factory na THE DEPUTY SPEAKER (Rep. Abad). The session is
talagang nagko-contribute doon sa pollution ng Pasig River suspended. We will resume at 1:30 in the afternoon, today.
ay hindi po natin ma-check, Mme. Speaker.
It was 11:26 p.m.
REP. DELA CRUZ. Maraming salamat po, Mme.
Speaker. Nakahanda po akong ibigay ang aking kaunting RESUMPTION OF SESSION
nalalaman pagdating po sa mga ganyang sitwasyon. Gaya po
ng nabanggit ko kanina, kasama po ninyo kami para ibalik At 1:30 p.m., the session was resumed.
THURSDAY, SEPTEMBER 19, 2013 15

THE DEPUTY SPEAKER (Rep. Abad). The session The first would be the general perception that the
is resumed. delivery of justice service is quite slow. May we know
from the honorable Congresswoman the explanation for
SUSPENSION OF SESSION the general perception that the delivery of justice service
is quite slow?
REP. GUNIGUNDO. Mme. Speaker, I move that we
suspend the session for a few minutes. REP. ALVAREZ (M.). Mme. Speaker, being a lawyer
myself, I agree with the interpellator. It is because, well,
THE DEPUTY SPEAKER (Rep. Abad). The session is I believe from what I have conferred with the Department
suspended for a few minutes. of Justice, the delay is primarily caused by the lack of
prosecutors. Despite the implementation of Republic Act No.
It was 1:30 p.m. 10071, there is still a lack of prosecutors. So, I believe that is
one of the reasons for the delay, Mme. Speaker.
RESUMPTION OF SESSION
REP. BELLO (S.). Thank you, Mme. Speaker.
At 1:48 p.m., the session was resumed. Is that the only reason, honorable Congresswoman,
Mme. Speaker, for the very slow dispensation of justice
THE DEPUTY SPEAKER (Rep. Abad). The session in relation to the cases filed before the Department
is resumed. of Justice? Kasi kung tungkol lang sa number of
The Dep. Majority Leader is recognized. prosecutors, pwedeng ano iyan e, that can be addressed
immediately by probably getting more prosecutors in
REP. GUNIGUNDO. Mme. Speaker, I move that we the service. Ang concern ko po is, despite the number
open the period of interpellation and debate on the proposed of prosecutors attending to these cases, baka kako
budget of the Department of Justice, including its attached kaya nade-delay is for lack of a very effective system
agencies. For this purpose, kindly recognize the distinguished of tracking the process of our investigation in the
Sponsor of the proposed budget measure, the Hon. Mercedes Department of Justice.
“Chedeng” K. Alvarez of the Sixth District of Negros
Occidental. REP. ALVAREZ (M.). Mme. Speaker, it could be one
of the problems as well as our rules of procedures. But,
THE DEPUTY SPEAKER (Rep. Abad). Is there any first of all, it is, of course, again, the lack of prosecutors.
objection? (Silence) The Chair hears none; Cong. Mercedes As much as possible, the Department of Justice would
K. Alvarez of the Sixth District of Negros Occidental is like to appoint two prosecutors per trial court, but
hereby recognized to sponsor the budget of the Department unfortunately, that is not feasible or that is not happening
of Justice. because of the unavailability of those interested to join the
prosecution service. But, of course, there is also that the
REP. ALVAREZ (M.). Thank you, Mme. Speaker. implementation of Republic Act No. 10071 has still not
Maayong hapon. This Representation is now open been fully utilized, Mme. Speaker.
for interpellations from the distinguished Members of the
House. REP. BELLO (S.). Thank you, Mme. Speaker.
May I know from the honorable sponsoring
REP. GUNIGUNDO. Mme. Speaker, the first Member Congresswoman whether the Department of Justice has
who wishes to interpellate the Sponsor is the Hon. Silvestre a case tracking system for the Department to monitor the
H. Bello III of Party-List 1-BAP. progress of all investigations and evaluation of evidence in
the Department of Justice?
THE DEPUTY SPEAKER (Rep. Abad). The Hon.
Silvestre H. Bello III is recognized to interpellate the Sponsor REP. ALVAREZ (M.). At present, Mme. Speaker, the
of the budget of the Department of Justice. Department of Justice has a case management system, so it
is about to be implemented, Mme. Speaker.
REP. BELLO (S.). Thank you very much, Mme. Speaker;
the Honorable Chedeng of the Sixth District of Negros REP. BELLO (S.). So, can we go into the actual
Occidental, sponsoring the budget presentation of the most process, Mme. Speaker? Do you have a time frame from
important and, probably, the best department, the Department the time a complaint is filed before the Department of
of Justice, and all the agencies under it. Justice to the time it is resolved, and even up to the time
You know, Mme. Speaker, if you look at the budget it is finally resolved by the Office of the Secretary of the
of the Department of Justice, you will realize how low Department of Justice?
our government is giving, how low is the price tag of our
government on justice. I think the DOJ budget only represents REP. ALVAREZ (M.). Of course, Mme. Speaker, the
a little over one percent of the total budget of our government Department of Justice has strict implementation of the 60-
and I am tempted to move for the immediate approval of the day period for each prosecutor to resolve the cases. Failure
budget of the Department of Justice. However, there are just to comply within the 60-day period will be a ground for
some few concerns that I would like to ask from the honorable withholding the RATA and, of course, maybe disciplinary
Congresswoman Alvarez. action towards the erring prosecutor, Mme. Speaker.
16 THURSDAY, SEPTEMBER 19 , 2013

REP. BELLO (S.). Thank you, Mme. Speaker. RESUMPTION OF SESSION

Ibig bang sabihin, kapag hindi sumunod iyong prosecutor
sa time frame imposed by the Department, particularly the At 2:00 p.m., the session was resumed.
Office of the Secretary of Justice, merong sanction?
THE DEPUTY SPEAKER (Rep. Abad). The session
REP. ALVAREZ (M.). Yes, Mme. Speaker, there are is resumed.
sanctions in case a prosecutor does not follow the 60-day The Asst. Majority Leader is recognized.
period to resolve the cases.
REP. BELMONTE (J). Mme. Speaker, at this point, may
REP. BELLO (S.). Thank you, Mme. Speaker. we recognize the Hon. Emmi A. de Jesus, from the Gabriela
Can you inform the honorable Congressmen what is the Party-List, for her interpellation.
nature of this sanction?
THE DEPUTY SPEAKER (Rep. Abad). The Hon. Emmi
REP. ALVAREZ (M.). It is either the RATA will A. de Jesus from the Gabriela Party-List is hereby recognized
be withheld or there may be disciplinary action, Mme. for her interpellation.
Speaker.
REP. DE JESUS. Thank you, Mme. Speaker and good
REP. BELLO (S.). Do you have, Mme. Speaker, a record afternoon honorable. Sponsor.
of prosecutors who were disciplined for failure to comply Magpo-focus po ako sa aking katanungan kaugnay ng
with the time frame in handling of cases? law enforcement services which is one of the final major
outputs under the Office of the Secretary. I think during the
REP. ALVAREZ (M.). At present, Mme. Speaker, eight Appropriation’s Committee hearing, Mme. Speaker, ang
prosecutors have been withheld their RATA because of this, isa pong pinagtuunan namin ng pansin ay kaugnay sa isyu
Mme. Speaker. ng sex trafficking, which is one of the concerns under the
human trafficking issue. Taking off from the description
REP. BELLO (S.). How many prosecutors were coming the UN 2012 Report, that there is an alarming rate
involved, Mme. Speaker? of impunity with which human trafficking was being carried
out in the country, which was attributed to the low, low rate
REP. ALVAREZ (M.). There were eight prosecutors, of prosecution of trafficking cases. My question which was
Mme. Speaker. not yet answered and I would like to again ask is: Since
2010, how many cases of sex trafficking have the department
REP. BELLO (S.). Thank you, Mme. Speaker. prosecuted?
With the explanation of the honorable sponsoring
Congresswoman for the Department of Justice’s budget, I am REP. ALVAREZ (M.). Mme Speaker, there have been
now forwarding this interpellation to any of our colleagues 109 convictions for Republic Act No. 9208, as well as 129
in the Assembly. persons who were convicted.
Thank you very much, Mme. Speaker. Thank you,
Congresswoman Alvarez. REP. DE JESUS. Inclusive lang po ito, 2010 up to the
present or what is its time frame, Mme. Speaker.
REP. ALVAREZ (M.). Thank you, Mme. Speaker.
REP. ALVAREZ (M.). The time frame is from 2005 to
THE DEPUTY SPEAKER (Rep. Abad). Thank you, 2013, Mme.Speaker.
Congressman Bello.
The Asst. Majority Leader is recognized. REP. DE JESUS. Since 2005.

REP. BELMONTE (J.). Mme. Speaker, the next REP. ALVAREZ (M.). Yes, Mme. Speaker.
Congressman who wishes to interpellate is the honorable
Cong. Jonathan A. Dela Cruz from the Abakada Party- REP. DE JESUS. Oo. Mahalaga po sa atin kasi ang lagi
List. tayong isinasalang doon sa anong tier na nga ba ang record
Mme. Speaker, since he is not yet around, I move that natin? Kaya I think I would really like to know ang current
we recognize the honorable Congressman Tinio from the Act status with regard to carrying out justice to victims of sex
Teachers Party-List. trafficking. Kaya mahalaga ang current; iyong from 2010
up to the present. Ilan na po ba kung within that inclusive
SUSPENSION OF SESSION dates?

REP. BELMONTE (J.). Okay. We move to suspend the REP. ALVAREZ (M.). From 2010, Mme. Speaker,
session. there have been 18 convictions; 2011, 24 convictions; 2012,
26 convictions; and 2013 up to August 1 of this year, 15
THE DEPUTY SPEAKER (Rep. Abad). The session convictions, Mme. Speaker.
is suspended.
REP. DE JESUS. Thank you, Mme. Speaker. Maraming
It was 1:58 p.m. salamat, honorable Sponsor sa kasagutan. Bilang pagpapalalim
THURSDAY, SEPTEMBER 19, 2013 17

din siguro, can you possibly expound on the profile of the which is about to be signed by the President, that there will
victims of sex trafficking with regard to—from what be one facility per province, and for each highly-urbanized
provinces they come from, tapos pati po ang age level? city, Mme. Speaker.

REP. ALVAREZ (M.). For the total number of 279 REP. DE JESUS. Thank you, Mme. Speaker, thank you,
victims, Mme. Speaker, there have been 12 male victims, honorable Sponsor.
210 female victims, 136 minor victims and three foreign Last na po, Mme. Speaker. Sa law enforcement services
nationals, Mme. Speaker. on which this Representation would like to ask a question,
kaugnay po ng Witness Protection, Security and Benefit
REP. DE JESUS. Maraming salamat po, Mme. Speaker, Program and other benefit programs, sa 2013 po, ilan ang
honorable Sponsor. nabigyan natin—more than half year na, ilan na ang naging
Dito naman po sa dalawang law enforcement services beneficiary nitong Witness Protection, Security and Benefit
addressing the issues of or giving services for child protection, Program?
nakalagay po dito sa budget sa 2014, for the Committee for
Special Protection of Children, pursuant to EO No. 53 series REP. ALVAREZ (M.). Yes, Mme. Speaker, for the year
of 2011, mayroon po kasing budget na ang total ay halos 2000—from January up to June 30, 2013, the total admissions
P17 milyon, Mahalaga po sanang malaman, specifically to this program is 580 persons, Mme. Speaker.
pursuant to EO 53 of 2011, anu-ano ang mga programang
nakapaloob dito? REP. DE JESUS. So, mas malaki po ba for 2014 kaysa
last year, kasi po ngayon 2014 mayroon P190,704,000. Nag-
REP. ALVAREZ (M.). For the Child Protection Services, increase ba?
Mme.Speaker, indeed the budget of the Department is
P16,994,000; more specifically it is broken down into two: for REP. ALVAREZ (M.). Mme. Speaker, the Department
the Committee for the Special Protection of Children—P973 expects more witnesses, that is the reason there is an increase
million, and of course, the thrust of this program, specifically in the budget of the Witness Protection, Security and Benefit
the Special Protection of Children is of course the Forum Program.
on Sahud Lampin, the launch and capacity building on the
multi-stakeholders protocol on management of children’s REP. DE JESUS. Palagay ko po dito na papasok ang
cases, the Development of a Child Protection Policy of the marami pang lalabas at lalantad sa ating mga krimen at iba
member agencies and capacity-building activities for service pang anumalya. Gusto ko lang i-register that this is one of
providers, Mme. Speaker. the major final outputs ng Office of the Secretary and we will
be very much concerned and aware how the budget will be
REP. DE JESUS. Follow up question lang po, Mme. implemented by 2014.
Speaker, honorable Sponsor, ang Juvenile Justice and Welfare That is all, Mme. Speaker, and thank you honorable
Council, ito ang nag-e-ensure ng implementation ng ating Mme. Sponsor.
juvenile justice. Ano na po ang evaluation ninyo dito with
regard to facilities for the minor children na sinasabi nating REP. ALVAREZ (M.). Thank you, Mme. Speaker.
“nagkasala?”Sa budget po kasi, sa capital outlay, walang
nakalaang budget para sa Juvenile Justice and Welfare THE DEPUTY SPEAKER (Rep. Abad). Salamat po.
Council. As far as I can remember, tuwing umiikot po kami, Salamat kagalang-galang na Kinatawan ng Gabriela Party-
ang isang problema diyan talaga ay ang facilities, kaya this List, Kinatawang De Jesus.
Representation would like to know, ano po ang pinaglalaanan Yes, the Asst. Majority Leader is recognized.
specifically ng Juvenile Justice and Welfare Council?
REP. BELMONTE (J.). Mme. Speaker, at this point, we
REP. ALVAREZ (M.). Based on Republic Act 9344, move that we recognize Cong. Jonathan A. Dela Cruz from
Mme. Speaker, as to the facilities, it is the LGU who has the Abakada Party-List for his interpellation.
responsibility of building the detention cases for these
children, Mme. Speaker. THE DEPUTY SPEAKER (Rep. Abad). Abakada Party-
List Rep. Jonathan A. Dela Cruz is hereby recognized for his
REP. DE JESUS. Batay po rin sa mga nakausap interpellation.
namin, sa mga ikot, kaya hindi rin po talaga tanggap ang
implementastyon ng batas na ito dahil ang burden sa LGU REP. DELA CRUZ. Maraming salamat po, Mme.
ay kaugnay din ang pondo. Ano bang evaluation ninyo sa Speaker.
facilities with regard to the incapacity of the LGU? Has the Magandang hapon po distinguished Sponsor at mga
department done anything about this, may we know, Mme. kaibigan natin sa DOJ.
Speaker? Maari po bang magtanong, distinguished Sponsor? May
mga ilang katanungan lang po tayo.
REP. ALVAREZ (M.). Based on the plans of the
department, Mme. Speaker, they are finalizing their plans to REP. ALVAREZ (M.). Yes, of course, Mme. Speaker.
have seven pilot LGUs to test the local implementation of
the program, Mme. Speaker. But based on my observation REP. DELA CRUZ. Maraming salamat po.
from the past Congress, I believe there is a pending bill Ilan po ba ang ating mga detenido ngayon na
18 THURSDAY, SEPTEMBER 19 , 2013

pinapamahalaan ng BuCor? How many inmates do we have, REP. ALVAREZ (M.) Mme. Speaker, out of the 2,500
Mr. Speaker, under the supervision and administration of the personnel, 2,000 persons are considered as prison guards and
Bureau of Corrections? 500 for administrative work.

REP. ALVAREZ (M.). As of today, Mme. Speaker, we REP. DELA CRUZ. Ilan po dito sa 37,000, Mr.
have 37,926 detainees, Mme. Speaker. Speaker, ang nasa New Bilibid Prison, ilan po ang nasa mga
kolonya?
REP. DELA CRUZ. Saan-saan po ang mga ito? Ilan po
ang nasa bilibid? ilan po ba kasi ang facilities ng BuCor, REP. ALVAREZ (M.). In the New Bilibid Prison, Mme.
Mme. Speaker? Speaker, the population is 21,612; in the Correctional
Institute for Women, there are 2,123; in the Iwahig Prison,
REP. ALVAREZ (M.). Mme. Speaker, the BuCor there are 2,578; in the Davao Prison, there are 5,802;
facilitate and supervises the seven colonies: the New Bilibid should I go on, Mme. Speaker, or I can just furnish your
Prison, the Correctional Institute for Women, the Iwahig office a copy?
Prison and Penal Farm, the Davao Prison and Penal Farm,
the Correctional Institute for Women in Davao, the Sablayan REP. DELA CRUZ. We will appreciate that, Mme.
Prison and Penal Farm, the San Ramon Prison and Penal Farm Speaker. How many organic personnel are there in the
and the Leyte Regional Prison, Mme. Speaker. New Bilibid Prison, Mme. Speaker, taking care of 21,000
inmates?
REP. DELA CRUZ. So, may 37,000 po tayo, Mme.
Speaker? REP. ALVAREZ (M.). There are 106 authorized
positions, Mme. Speaker, and 106 civilian positions.
REP. ALVAREZ (M.). Yes, Mme. Speaker.
REP. DELA CRUZ. So 406 po ang nasa New Bilibid
REP. DELA CRUZ. Ilan naman po ang personnel ng Prison?
BuCor?
REP. ALVAREZ (M.). Mme. Speaker, 106 po.
REP. ALVAREZ (M.). Mme. Speaker, the personnel of
BuCor at the moment is 2,500. REP. DELA CRUZ 106 lang po ang tumitingin sa 21,000
inmates, ganoon po ba iyon? Aba, napakaliit po nito. Baka
REP. DELA CRUZ. Ilan po? naglabasan na po lahat ng prisoners kung 100 lang po sila,
tama po ba o mali, Mme. Speaker?
REP. ALVAREZ (M.). it is 2,500 Mme. Speaker.
REP. ALVAREZ (M.). In the NBP, Mme. Speaker, there
REP. DELA CRUZ. So 2,500. Ito po ang mga are 1,200.
organic personnel, these are the plantilla positions, Mme.
Speaker. REP. DELA CRUZ. So 1,200.

REP. ALVAREZ (M.). Yes, Mme. Speaker. REP. ALVAREZ (M.). Custodians.

REP. DELA CRUZ. Because of the number of inmates REP. DELA CRUZ. 1,200.
that the BuCor is presently looking after, mayroon po bang
programa ang BuCor na nag-a-outsource ng ibang services REP. ALVAREZ (M.). Yes, Mme. Speaker.
o wala pong ganoon?
REP. DELA CRUZ. Maraming salamat po. Ano po
REP. ALVAREZ (M.). Mme. Speaker, the BuCor has no ba ang interface ng BuCor at saka ng BJMP? Mayroon
outsourcing program at the moment. po bang interface ang BuCor at ang BJMP? Kasi
mayroon local jails, detention centers, kaya ano po ba ang
REP. DELA CRUZ. Is the distinguished Sponsor interface ng BuCor at ng BJMP? Nagkakaroon po ba ng
contented, or is the Department of Justice contented koordinasyon ang dalawang ahensya na ito o kanya-kanya
through the BuCor that it can handle this number po sila? At papano po ang salansanan nito? For example,
of inmates with such a limited number of personnel Mme. Speaker, there are cases that involve transfer of
and with such limited budget? Or, has there been inmates or prisoners from local jails to the BuCor. What are
any program on the part of the BuCor to increase its the processes? When does a prisoner get into the BuCor?
personnel? Because if you are talking about 37,000 Anu-ano po ang mga hawak ng BuCor at anu-ano naman
inmates, Mme. Speaker, with the 2,500 personnel, ano ang hawak ng BJMP? Anu-ano po ang mga iyan? Anong
po ang disaggregation nitong personnel complement klaseng prisoners? Anong klaseng inmates po ang hawak
ng BuCor? Ilan po dito ang opisyal, ilan po dito ang ng bawat isa dito sa mga ahensya na ito?
nasa administrative, kung mayroon tayo, ilan po ang
talagang deretsahang nagtatrabaho para tingnan ang mga REP. ALVAREZ (M.) If the person has not yet been
sitwasyon ng ating mga inmates? Mayroon po ba tayong convicted, Mme. Speaker, it is within the jurisdiction of the
ganoon na impormasyon, Mme., Speaker? BJMP.
THURSDAY, SEPTEMBER 19, 2013 19

REP. DELA CRUZ. Detainees. Mga detainees po ito, facilities under the BJMP, baka hindi natin makakayanan ang
Mme. Speaker. mga ito. There should be an effort to decongest our prisons, is
that not correct, Mme. Speaker?
REP. ALVAREZ (M.). Yes, Mme. Speaker, detainees.
REP. ALVAREZ (M.). With the newly approved law,
REP. DELA CRUZ. Pending na may kaso o pending Republic Act No. 10592, Mme. Speaker, there is a program
actual conviction. for good conduct time allowance wherein this will decongest
our correction facilities.
REP. ALVAREZ (M.). Yes, Mme. Speaker.
REP. DELA CRUZ. Ano po ang standards? Ano po ang
REP. DELA CRUZ. Kapag mag conviction na, pumupunta requirements para magkaroon ng mga ganoon na sistema?
sa New Bilibid Prison po ba o saan pumupunta? Pero ang mga iba siyempre na-serve na po nila ang kanilang
sentence. So nawawala na po sila. May mga iba iyong good
REP. ALVAREZ (M.). Yes, Mme. Speaker. But if their conduct, iyong sinasabi po natin. Ano po ang program kung
sentence is above three years, then they will be under the mayroong ganoon? Mayroon na po ba tayong sistema at ilan
Bureau of Corrections. po rito sa 21,000, for example, na prisoners, ilan po dito ang
malapit-lapit maaalis na at lahat? Ilan po rito? Mayroon po
REP. DELA CRUZ. Mayroon po ba kayong estimate ba tayong ideyang ganoon?
ngayon? Ilan ang lahat sa ating mga kababayan ang nasa
detention, whether it is in BuCor or BJMP? Mayroon po ba REP. ALVAREZ (M.). Our prosecutors in the Department
tayong ganoon para man lang maintindihan po natin? Kasi of Justice coordinate with the Supreme Court, at the same
at some point in time, Mme. Speaker, we were trying, there time, our PAO lawyers also conduct regular visits to the jails
was a program of the Chief Justice of the Supreme Court, ang so that they could check upon the status of these detained
Justice on Wheels po. The main effort of this, Mme. Speaker, prisoners, Mme. Speaker.
is to decongest our jails, our detention system. Mayroon po
ba tayong estimate? Ilan na po ang nawawala, ilan na po ang REP. DELA CRUZ. Ilan po ang mga nasa maximum
nagkaroon ng pagkakataon na mawala na? There had been a security holding area ng New Bilibid Prison?
lot of cases, Mme. Speaker, that some of these detainees have
already served their sentences even if they were convicted, REP. ALVAREZ (M.). Fifteen Thousand, Mme.
gaya ng jaywalking, ang iba nga lang nagtatagal. Kaya nga Speaker.
po nagkaroon tayo ng Justice on Wheels. So, ilan pa po ba
ang ating detainees, prisoners, whether in the BuCor or in REP. DELA CRUZ. Out of the 21,000, 15,000 po ang
the whole BJMP system? nasa maximum security?

REP. ALVAREZ (M.). The only information we have, REP. ALVAREZ (M.). Yes, Mme. Speaker.
Mme. Speaker, with the BJMP is that they have, more or
less, 70,000 detainees. REP. DELA CRUZ. Ang dami pala. Medyo nakakatakot
po ito, 15,000. Anu-ano po ang mga kasalanan ng mga ito?
REP. DELA CRUZ. Seventy thousand. Nakapatay po ba ng tao ang mga ito o ano po ba ang mga
kasalanan nila?
REP. ALVAREZ (M.). Seventy, 7, 0.
REP. ALVAREZ (M.). Different offenses such as rape,
REP. DELA CRUZ. Seven, zero, 70,000. murder, kidnapping, Mme. Speaker.

REP. ALVAREZ (M.). Detainees, Mme. Speaker. REP. DELA CRUZ. So, out of the 21,000, 15,000 ang
ating maximum security prisoners.
REP. DELA CRUZ. Have the Department of Justice Ilan naman po roon sa mga nandiyan ngayon sa New
and the Department of the Interior and Local Government Bilibid Prison (NBP), ang mga tinatawag nila na mayroong
coordinated with the Supreme Court for purposes of mga kubol. Mayroon pa bang kubol sa bilibid? Ang mga
decongesting our jail system, Mme. Speaker? quarters na ibinibigay sa mga nakaka-afford, mayroon pa
po bang ganoon?
REP. ALVAREZ (M.). Mme. Speaker, I am sure there
is proper coordination among the three agencies. I believe REP. ALVAREZ (M.). It is now being converted into
they even have joint trainings between the BuCor and the prison cells, Mme. Speaker.
BJMP, Mme. Speaker.
REP. DELA CRUZ. Ilan po ang ganoon, kagaya po ng
REP. DELA CRUZ. Mayroon po ba kayong idea kung ilan reports noong panahon po ni dating Congressman Jalosjos?
na po ang nawala sa ating prisons as a result of this coordination Balita namin may mga iba’t ibang prisoners, nagkaroon din po
para po ma-decongest tayo, because if you are looking at the ng ganoon. Ilan po ang ganoon na kino-convert into cell?
system, parang hindi natin kaya ito. Almost a hundred thousand
ang mga detainees natin all over the country. If we look at the REP. ALVAREZ (M.). It is now being converted into
facilities, we will be having an opportunity to take a look at the 3,000 cells, Mme. Speaker.
20 THURSDAY, SEPTEMBER 19 , 2013

REP. DELA CRUZ. Kaya pala walang masyadong REP. DELA CRUZ. Mme. Speaker, 8,300 hectares. So,
capital outlay ang NBP? Ganoon po ba iyon? Ipinapakita we will have a listing of this, and what particular activities
dito sa budget ng Bureau of Corrections, P52 million lang are being undertaken in each and every colony.
po ang hinihingi ng Bureau of Corrections para sa capital
outlay. So ibig sabihin sapat na sapat na po ang conversion, REP. ALVAREZ (M.). Yes, Mme. Speaker.
is that correct?
REP. DELA CRUZ. Mayroon po ba kayong estimate
REP. ALVAREZ (M.). According to the Bureau of kung magkano naman ang kinikita ng BuCor as a result of
Corrections, Mme. Speaker, it is not enough although they these undertakings, Mme. Speaker?
have been given a total amount of P52 million for capital
outlay, Mme. Speaker. REP. ALVAREZ (M.). For the year 2013, it earned almost
P175 million, Mme. Speaker.
REP. DELA CRUZ. Kailangan po para madagdagan
natin, kasi kung ganito kararami ang prisoners at karamihan REP. DELA CRUZ. This is for all the penal colonies,
sa kanila ay nasa maximum secutiry, baka kailangan natin ng Mme. Speaker?
mga mas matitibay, mas maaayos na facilities.
REP. ALVAREZ (M.). Yes, for all colonies, Mme.
REP. ALVAREZ (M.). Mme. Speaker, yes, it is badly Speaker.
needed.
REP. DELA CRUZ. Of course, as provided for under the
REP. DELA CRUZ. Dito po sa mga kolonya the penal Budget being considered right now, proceeds from the sale of
colonies, ang balita po namin ay malalaking mga parcels of agro-products, 70 percent of those can be used by the BuCor,
land ang hawak-hawak ng mga kolonya na ito. Are these is that correct? Is the BuCor entitled to use its income from
parcels of land being put to productive use or what are we these activities, Mme. Speaker?
doing about it? Because it will be a pity if we cannot make
use of these things for productive purposes. REP. ALVAREZ (M.). Yes, Mme. Speaker, it is included
in the special provision that the director is authorized to
REP. ALVAREZ (M.). Those areas are being used for purchase products from the said projects.
agro-industrial projects, Mme. Speaker.
REP. DELA CRUZ. Of course, as part of the program of
REP. DELA CRUZ. There are now existing agro- the BuCor and the Department of Justice there is also an effort in
industrial projects in these colonies. Can you just give us a order to reintegrate later on our prisoners into the mainstream.
listing of these areas and the partners? Are these undertakings Can you just educate us on what kind of reintegration
under the administration of the BuCor or are these undertaken program there is, so that we will be properly guided, so that
in partnership with the private sector? we can advise our constituents what kind of activities can
there be, and whether it is appropriate, whether there is a
REP. ALVAREZ (M.). Mme. Speaker, I would like to possibility for the private sector to participate actively in
inquire if we will just furnish the office of the … working out this reintegration program in a manner that is
being done in other countries, Mme. Speaker.
REP. DELA CRUZ. Yes, we will be happy to be furnished Is there a reintegration program? I understand that many
if you can give us an idea on a per colony basis. or our prisoners are actually getting some training, they have
For example, Sablayan, has there been any effort on some educational programs and the like, even livelihood
the part of the BuCor, for example, to transform Sablayan opportunities.
into a rice producing colony because Sablayan can be
transformed into a productive colony. I have been there, I REP. ALVAREZ (M.). Yes, Mme. Speaker. In fact, the
know some people in Sablayan, that is the rice granary, in BuCor undertakes six phases of rehabilitation programs in all
fact, of Occidental Mindoro. It supplies a lot of rice, even its prison camps. First, of course, is the moral and spiritual
to Luzon and Batangas. So an effort is being undertaken program; second, the training programs or educational
under the supervision or administration of the Bureau of programs. There are also work and livelihood programs for
Corrections or is this being undertaken with the private prisoners; there are also sports and recreation programs,
sector? health and welfare program and behavior modification
program.
REP. ALVAREZ (M.). Mme. Speaker, the one in
Sablayan is being undertaken by the Bureau of Corrections, REP. DELA CRUZ. Are these being undertaken BuCor-
and we will be happy to furnish Honorable Dela Cruz a list wide, Mme. Speaker?.
of these agro-industrial projects in the different colonies.
REP. ALVAREZ (M.). Yes, Mme. Speaker. These are
REP. DELA CRUZ. We will appreciate that, Mme. being undertaken BuCor-wide.
Speaker. Ilan po bang ektarya ang Sablayan?
REP. DELA CRUZ. Iyon pong mga sumasayaw sa Cebu,
REP. ALVAREZ (M.). It has 8,300 hectares, Mme. kasama po ba sila o hindi? Hindi po sila kasama sa BuCor
Speaker. o sa BJMP iyon.
THURSDAY, SEPTEMBER 19, 2013 21

REP. ALVAREZ (M.). It is under the BJMP. REP. DELA CRUZ. There is a system. There is a process,
Mme. Speaker.
REP. DELA CRUZ. Sila na napapanood sa YouTube,
Mme. Speaker, wala bang balak ang BuCor na magkaroon REP. ALVAREZ (M.). There is a process, Mme.
ng ganon? Speaker.

REP. ALVAREZ (M.). The dancing inmates, Mme. REP. DELA CRUZ. Please, we will also get a copy of
Speaker? that if there is a process, Mme. Speaker.

REP. DELA CRUZ. Oo, ang mga dancing inmates, baka REP. ALVAREZ (M.). Yes, Mme. Speaker we will
pagkakakitaan ng BuCor iyon, baka puwede hindi ba. furnish Congressman Dela Cruz a copy of the process as
well as the requirements for the availment of the parole and
REP. ALVAREZ (M.). The dancing inmates in Cebu, probation services.
Mme. Speaker, is with the BJMP.
REP. DELA CRUZ. Thank you very much, Mme.
REP. DELA CRUZ. BJMP. Speaker.
I understand that the BuCor also has a list of high-value
REP. ALVAREZ (M.). Yes, but the BuCor has their own prisoners. Is this correct? These are the people who had been
dancing inmates, Mme. Speaker. involved with the high-profiled crimes like drug trafficking,
et cetera and everything.
REP. DELA CRUZ. May counterpart po ang BuCor.
REP. ALVAREZ (M.). Yes, Mme. Speaker.
REP. ALVAREZ (M.). I believe so, Mme. Speaker.
REP. DELA CRUZ. Has there been a classification at
REP. DELA CRUZ. Aba, magandang pagkakataon all, Mme. Speaker? Is there a high-value, high-profile list
iyan, kasi paglabas po nila puwede silang mapunta sa mga of prisoners? I understand there had been occasions where
noontime show. there had been some high-risk prisoners, for example, who
In any event, I will appreciate it if you can provide us this have availed of certain privileges of the BuCor. Is there such
particular program, just a copy, so that we can be advised. I a list?
am asking this sapagkat we have some friends in the private
sector who would like to have some interface with BuCorto REP. ALVAREZ (M.). Mme. Speaker, there is a list
have what we call a prison’s ministry. They would like to and there is a qualification between a high-profile prisoner
participate. I am asking this question because we would like and high-risk prisoners. We would be glad to furnish the
to know how they can participate in the particular programs Congressman a copy of this list, Mme. Speaker.
you just mentioned.
REP. DELA CRUZ. I understand that there had been
REP. ALVAREZ (M.). Thank you. a number of drug traffickers, these are drug lords actually,
Mme. Speaker.. Is there also such a list?
REP. DELA CRUZ. Is there any possibility for the
private sector to participate actively in these efforts? REP. ALVAREZ (M.). Yes, Mme. Speaker, there is also
such a list.
REP. ALVAREZ (M.). Of course, Mme. Speaker, any
help from the private sector is welcome at the Bureau of REP. DELA CRUZ. Are the reports correct that one of the
Corrections. problems that have actually cropped up in the case of the New
Thank you, Mme. Speaker. Bilibid Prison is that some of the cells had been transformed
into drug laboratories? Are these reports correct or these are
REP. DELA CRUZ. In line with that, Mme. I will speculative arrangement, Mme. Speaker?
appreciate it if the distinguished Sponsor can provide us with
the system. There is already a BuCor, there is a detention, REP. ALVAREZ (M.). Mme. Speaker, those reports are
prison system and there is of course, parole and probation false because the Bureau of Corrections regularly conducts
administration. What are the conditions under which prisoners inspections of all the cells.
can be included, enrolled under parole and probation? Can
you please educate us, Mme. Speaker? I am not a lawyer. REP. DELA CRUZ. So, there is no such thing.
The reason I am asking is that there are a number of our
constituents whose members of families are in prison. At REP. ALVAREZ (M). There is no such incident, Mme.
some point, I am sure they will be looking to us for assistance Speaker.
as far as parole and probation are concerned.
REP. DELA CRUZ. How many hectares is the New
REP. ALVAREZ (M.). Thank you, Mme. Speaker. Bilibid Prison? What is the area, Mme. Speaker?
Those who have served the minimum sentence under the
Indeterminate Sentence Law can avail of the services of the REP. ALVAREZ (M.). It has 366 hectares, Mme.
parole and probation administration offices, Mme. Speaker. Speaker.
22 THURSDAY, SEPTEMBER 19 , 2013

REP. DELA CRUZ. 500. REP. DELA CRUZ. I am asking this because we have
some constituents, sometimes they come to us since they
REP. ALVAREZ (M). 366 hectares. have some relatives in the New Bilibid Prison and they come
from Mindanao. Has there ever been any effort on the part of
REP. DELA CRUZ. Are all these dedicated to the the Bureau of Corrections to have regional prisons? Is this a
prison itself? Or there are communities that are inside program that is being undertaken or is being contemplated
the prison, inside that particular area as mentioned by the by the Department of Justice, Mme. Speaker?
Sponsor?
REP. ALVAREZ (M.). Mme. Speaker, that is the thrust
REP. ALVAREZ (M). There are several communities now because of Republic Act No. 10575, calling for the
within the 366-hectare land, Mme. Speaker. modernization of the Bureau of Corrections. That is now the
plan of the Bureau of Corrections.
REP. DELA CRUZ. How many hectares are they
occupying, Mme. Speaker? How many families are there? REP. DELA CRUZ. That is already a plan, Mme.
What is the interface between the prison system and these Speaker. Can we have a summary of this, if that is possible?
communities? What is the effort being undertaken and how do they plan to
work it out? Is it going to be on a regional basis or is it going
REP. ALVAREZ (M.). There are 1,200 families among to be on an island basis? We would like to find out.
BuCor employees, Mme. Speaker, within the 366-hectare
land. REP. ALVAREZ (M.). Yes, Mme. Speaker, we will
furnish the office of Congressman Dela Cruz copies of the
REP. DELA CRUZ. How many hectares are they plans and programs for modernization.
occupying Mme. Speaker?
REP. DELA CRUZ. Yes, the prison modernization
REP. ALVAREZ (M.). They occupy 50 hectares more program of the Bureau of Corrections, Mme. Speaker
or less, Mme. Speaker. Thank you very much, Mme. Speaker. I will appreciate
it if that can be forwarded before the final days of our
REP. DELA CRUZ. At some point, there were reports deliberations.
that the national prisons complex in the New Bilibid Prison
will be transferred somewhere because this particular land, REP. ALVAREZ (M.). Yes, Mme. Speaker, I will
by some accident or by some activity, is now a high-value personally forward it to the office of Congressman Dela
real estate. There was an initiative, at some point that this Cruz.
particular property will be privatized and that the New Bilibid
Prison will be transferred somewhere. Is this particular plan REP. DELA CRUZ. Is the BuCor, by the way, already IT-
still ongoing? What happened to this particular initiative, enabled? Is its data bank already IT-enabled? Is there already a
Mme. Speaker? system by which you can track the flow and processes within
the complex, within the system itself–database and everything
REP. ALVAREZ (M.). There is an ongoing feasibility else–meaning, the BuCor Director can directly interface with
study that is about to be finished, Mme. Speaker. the colonies and the like, by e-mail, for example, or through
text messaging, mga ganoon? Do you have a database? We
REP. DELA CRUZ. Probably within the year or by have all of these things. There is an ageing process. Are all
next year? these things already in place, Mme. Speaker?

REP. ALVAREZ (M.). Within the year, Mme. Speaker. REP. ALVAREZ (M.). Mme. Speaker, there is an ongoing
implementation of the Information Systems Strategic Plan of
REP. DELA CRUZ. The idea is to transfer this prison the Bureau of Corrections, Mme. Speaker.
complex somewhere.
REP. DELA CRUZ. How much is the Bureau of
REP. ALVAREZ (M.). Yes, Mme. Speaker, it will be Corrections allocating for that and is it in its budget, Mme.
transferred. The plan is to transfer the NBP outside of Metro Speaker?
Manila.
REP. ALVAREZ (M.). For the Inmate Management
REP. DELA CRUZ. Do you have an idea when this thing Systems, it is P14 million, Mme. Speaker. For this year’s
will happen and where is it going to be transferred? budget, there is an allocation of P31,985,000 for the
Information Systems Strategic Plan.
REP. ALVAREZ (M.). It might be possible that it will be
transferred to Fort Magsaysay, Mme. Speaker. REP. DELA CRUZ. For the information systems.

REP. DELA CRUZ. Fort Magsaysay is in Nueva REP. ALVAREZ (M.). Yes, Mme. Speaker.
Ecija.
REP. DELA CRUZ. This is going to be comprehensive
REP. ALVAREZ (M.). In Nueva Ecija, yes. already, Mme. Speaker?
THURSDAY, SEPTEMBER 19, 2013 23

REP. ALVAREZ (M.). This will be comprehensive, REP. DELA CRUZ. You mean, the foreign population
Mme. Speaker. registered with the Bureau of Immigration is only 200,000,
Mme. Speaker? That was the figure of Congressman
REP. DELA CRUZ. And of course, that particular system Rodriguez when he was at the Bureau of Immigration. Are
will interface between the central office here in Muntinlupa you telling me, Mme. Speaker, that there has been no increase
and the other colonies? in the population of foreigners in the country?

REP. ALVAREZ (M.). Yes, Mme. Speaker, between all REP. ALVAREZ (M.). That is the number of foreign
colonies and the central offices, as well as other agencies nationals up to this day, Mme. Speaker.
such as the BJMP.
REP. DELA CRUZ. Registered with the…
REP. DELA CRUZ. It will also interface with the BJMP?
REP. ALVAREZ (M.). Registered, Mme. Speaker.
REP. ALVAREZ (M.). Yes, Mme. Speaker.
REP. DELA CRUZ. I think there should be an effort
REP. DELA CRUZ. That is a welcome development, on the part of the Bureau of Immigration to register
Mme. Speaker. I hope the funding support for that particular more because if you look at the Korean population,
project is in place, otherwise we will be constrained to request for example, Mme. Speaker, this should be more than
for augmentation. 200,000. They are all over the place. They are even
invading our province, Ilocos Norte. They are already
REP. ALVAREZ (M.). Yes, Mme. Speaker. Thank you, there, Mme. Speaker. There must be more than 200,000,
Mme. Speaker. Mme. Speaker. Please, let us register all of these aliens,
Mme. Speaker, because that will also generate more
REP. DELA CRUZ. Thank you very much. revenues for us and we will be able to really monitor
I will now go to another agency of the Department the activities of these foreign nationals, Mme. Speaker.
of Justice, Mme. Speaker. The budget of the Bureau of Otherwise, many of them may actually be terrorists, and
Immigration is P601 million, Mme. Speaker. Is this correct? we will have a big problem, Mme. Speaker.
Am I correct or is this just a small portion of the budget of
the Bureau of Immigration? REP. ALVAREZ (M.). Actually, Mme. Speaker, the
program of the Bureau of Immigration, which is the Alien
REP. ALVAREZ (M.). For 2014, the proposed Registration Project, has been recently approved by the
budget of the Bureau of Immigration, Mme. Speaker, is Office of the Secretary. So, the new program is the Alien
P601,157,000. Registration Project.

REP. DELA CRUZ. So, it is really thereabouts, Mme. REP. DELA CRUZ. What is the new program, Mme.
Speaker, P601. Speaker? Please educate us.

REP. ALVAREZ (M.). Yes. REP. ALVAREZ (M.). The Alien Registration
Project, Mme. Speaker, aims for the registration of
REP. DELA CRUZ. Is the Bureau of Immigration already all foreign nationals residing in the country. This has
IT-enabled as well, Mme. Speaker? Do we have a listing been recently approved by the Office of the Secretary,
of all aliens in the Philippines and everything else? Is this Mme. Speaker.
already updated? We have an enhanced system, an IT-enabled
system, in the Bureau of Immigration, Mme. Speaker. I can REP. DELA CRUZ. How does this compare with the
see that former Immigration Commissioner, our distinguished alien registration program under our distinguished colleague,
colleague, Cong. Rufus Rodriguez, is smiling behind you, Cong. Rufus Rodriguez? How does it compare? Is there any
Mme. Speaker. I can see that he started this program during difference, Mme. Speaker? Or is this an enhancement? What
his term. is the comparison?

REP. ALVAREZ (M.). Mme. Speaker, there is an REP. ALVAREZ (M.). The difference, Mme. Speaker, is
existing program, a database for foreigners, but the Bureau that we are awaiting the procurement of the biometric system
of Immigration is in the process of re-registering foreign wherein the fingerprints of these foreign nationals will be
nationals, Mme. Speaker, for this program. recorded as well.

REP. DELA CRUZ. How many foreign nationals do we REP. DELA CRUZ. So, this is a more comprehensive
have in the country, Mme. Speaker, by nationality? Do you system, Mme. Speaker?
have a listing, Mme. Speaker?
REP. ALVAREZ (M.). They will be electronically
REP. ALVAREZ (M.). As of today, Mme. Speaker, there stored.
are more or less 200,000 foreign nationals in the Philippines
and we would be happy to furnish Congressman dela Cruz REP. DELA CRUZ. And the Bureau of Immigration has
and his office of the list, per nationality, Mme. Speaker. the funding for this?
24 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). Yes, they have the funding, Mme. REP. DELA CRUZ. I hope they are not escaping, Mme
Speaker. Speaker, because my information is that there had been a
lot of escapees from the detention cells of the Bureau of
REP. DELA CRUZ. And how much will this system cost Immigration. There was a high-profile case involving a
the Bureau of Immigration, Mme. Speaker? Korean drug lord and one involving a Chinese drug lord
as well. Has the Bureau of Immigration looked into these?
REP. ALVAREZ (M.). The initial funding is P18 million, Maybe the detention cells of the Bureau of Immigration are
Mme. Speaker. porous, Mme. Speaker. They can always escape; they can get
out of the country at will.
REP. DELA CRUZ. It is P18 million?
REP. ALVAREZ (M.). Mme. Speaker, there is an ongoing
REP. ALVAREZ (M.). Yes, Mme. Speaker. investigation against the erring employees, Mme. Speaker.

REP. DELA CRUZ. Is the distinguished Sponsor REP. DELA CRUZ. Where are the detention cells of the
convinced that P18 million will provide us a comprehensive Bureau of Immigration, Mr. Speaker? Are these located at the
system for alien registration or this is just the start? Are we central office or are there detention cells elsewhere?
going to have continuing allocations for the alien registration
system of the Bureau of Immigration? REP. ALVAREZ (M.). The detention facility of the
Bureau of Immigration, Mme. Speaker, is in Camp Bagong
REP. ALVAREZ (M.). Mme. Speaker, the P18 million is Diwa, Bicutan, Taguig, Mme. Speaker.
just the initial funding for the procurement of the equipment.
There will be more funding, Mme. Speaker. REP. DELA CRUZ. And this is being guarded or handled
by the Bureau of Immigration, by agents of the Bureau of
REP. DELA CRUZ. And speaking about immigration Immigration?
and the Bureau of Immigration, Mme. Speaker, how many
detainees do we have right now in the detention centers of REP. ALVAREZ (M.). Yes, Mme. Speaker, by the Bureau
the Bureau of Immigration? of Immigration themselves.

REP. ALVAREZ (M.). There are 130 detainees, Mme. REP. DELA CRUZ. Are there any detainees in other
Speaker. immigration offices in the country, Mme. Speaker?

REP. DELA CRUZ. One hundred… REP. ALVAREZ (M.). There are some who are being
held on holding facilities, Mme Speaker, temporarily.
REP. ALVAREZ (M.). Thirty detainees, Mme.
Speaker. REP. DELA CRUZ. How many immigration offices do
we have in the country, Mme. Speaker?
REP. DELA CRUZ. And how many of these are involved
in what crimes, Mme. Speaker? Can you just give us an REP. ALVAREZ (M.). There are 47, Mme. Speaker, plus
idea on why are they in detention? They are overstaying? 5 border crossing stations, Mme. Speaker.
They have been caught peddling drugs? What are the crimes
associated with these 130 detainees, Mme. Speaker? REP. DELA CRUZ. Thank you very much, Mme.
Speaker.
REP. ALVAREZ (M.). Eighty percent, Mme. Speaker, of Can you please educate us? Sometimes our workers,
the 130 detainees are overstaying foreign nationals. overseas workers get into trouble at the immigration counters,
Mr. Speaker. I understand that there is a list of people who
REP. DELA CRUZ. Overstaying? cannot get out of the country. There is an HDO list; there is
a watchlist; there is a lookout list. Can you please educate us
REP. ALVAREZ (M.). Yes, Mme. Speaker. on the differences among an HDO, a watchlist and a lookout
list? When we say “lookout,” what do we mean, Mme.
REP. DELA CRUZ. I understand that there are some Speaker? When we say “watchlist,” what do we really mean?
detainees who have cases involving drugs and drug And when we say it is a hold departure order, what do we
trafficking, Mr. Speaker. Is this correct? mean, Mr. Speaker? I just want this to be clarified because
apparently, the Ombudsman is now preparing a long list for
REP. ALVAREZ (M.). Yes, there are cases of foreign purposes of lookout.
nationals involving drug cases, Mme. Speaker.
REP. ALVAREZ (M.). So, these are passengers, Mme.
REP. DELA CRUZ. Are they still in detention, Mme. Speaker, with derogatory information. There is a black list,
Speaker? there is a hold departure list, there is a look out bulletin and
there is a watch-list, Mme. Speaker.
REP. ALVAREZ (M.). They are in detention under the
Bureau of Immigration, Mme. Speaker, for overstaying, REP. DELA CRUZ. What is the difference between a hold
pending the criminal cases outside, Mme. Speaker. departure list, a watch-list and a look-out list, Mme. Speaker?
THURSDAY, SEPTEMBER 19, 2013 25

When you say lookout, are you just looking at it? Is the REP. ALVAREZ (M.). For the look-out bulletin, Mme.
immigration officer just looking at the person, monitoring him, Speaker, I believe it is within the prerogative of the Office
but letting him out of the country, for example? Or can a person of the Secretary to issue a look-out bulletin for particular
on the look-out list be held at the airport, for example? persons, Mme. Speaker.

SUSPENSION OF SESSION REP. DELA CRUZ. Thank you very much, Mme.
Speaker.
REP. ALVAREZ (M.). Mme. Speaker, I would like to ask We have been receiving reports, Mme. Speaker, from
for a minutes suspension of the session, please. our overseas workers, of practices of profiling. There
has been a proliferation of cases involving profiling. We
THE DEPUTY SPEAKER (Rep. Abad). The session understand that the Department of Justice and the Bureau of
is suspended. Immigration have undertaken this kind of effort to prevent
human trafficking. However, it has also interfered in the flow
It was 2:50 p.m. of our workers, especially those who have legitimate jobs
overseas. We understand, Mme. Speaker, that there have
RESUMPTION OF SESSION been thousands upon thousands of passengers who have been
asked to disembark as a result of this profiling. Do you have
At 2:53 p.m., the session was resumed. a listing, do you have an estimate of the number of those
who have been asked to disembark as a result of the Bureau
THE DEPUTY SPEAKER (Rep. Abad). The session of Immigration’s orders? At the airport, Mme. Speaker, our
is resumed. information is that since the time of Commissioner David
there have been about 300,000 passengers, most of whom
REP. ALVAREZ (M.). Mme. Speaker, to answer the were workers who have been asked to disembark when
question of Congressman Dela Cruz, let me correct my early they were already at the Immigration counters or the ramps
information, Mme. Speaker. It is not derogatory information. already. They were already there. This is very unfortunate
These are just means of communications between agencies. especially since many of these victims, Mme. Speaker, are
So, we have the hold departure order and we have as well, actually honest-to-goodness workers.
the watch-list order, as well as the look-out bulletin. The hold
departure order is issued by the courts; it has a validity of five REP. ALVAREZ (M.). Mme. Speaker, for the year 2011,
years. The watch-list order is issued either by the DOJ, by there have been 56,307 passengers who were off-loaded.
the BEI, by the Bureau of Immigration, as well as the other In 2012, there were 48,363 passengers and, as of August
courts, and it has a validity of six months. As of today, because 2013, there have been 32,838 passengers off-loaded, Mme.
of the temporary restraining order issued by the Supreme Speaker.
Court, the Bureau cannot implement hold departure orders
or watch-list orders, Mme. Speaker. REP. DELA CRUZ. When you say “off-loaded,” Mme.
Speaker, that means that they already had papers, they
REP. DELA CRUZ. And what about the look-out had travel documents and the like, but they were asked to
bulletin? disembark and were off-loaded.

REP. ALVAREZ (M.). The look-out bulletin, Mme. REP. ALVAREZ (M.). Yes, Mme. Speaker.
Speaker, is just an information or just a communication tool
for the Bureau of Immigration. In case these persons are on REP. DELA CRUZ. And what happened to these 32,000?
the look-out bulletin, the particular agency will be informed Were they eventually allowed to travel, Mme. Speaker?
either of the departure or the arrival of the particular person
but this will not prevent any person from departing or from REP. ALVAREZ (M.). There were some passengers who
leaving the country, Mme. Speaker. were referred to IACAN, if they were potential victims of
trafficking, and there are some that were sent home, Mme.
REP. DELA CRUZ. Thank you very much for that Speaker.
information, Mme. Speaker. So if you are on the look-out list,
there is no need for you to call the Secretary, for example, REP. DELA CRUZ. Out of this list, Mme. Speaker,
for that purpose. you mentioned 32,000 this year. How many of them have
actually traveled after being off-loaded, for example? How
REP. ALVAREZ (M.). There is no need, Mme. many were allowed to travel after they were off-loaded,
Speaker. Mme. Speaker?

REP. DELA CRUZ. And what particular requirements— REP. ALVAREZ (M.). Mme. Speaker, unfortunately the
what does it take for somebody to be on the look-out list? Is Bureau of Immigration, does not have the data at the moment
this a listing of the Secretary of the Department of Justice or is because they might have a hard time tracing the circumstance
this a listing of other agencies that is transmitted to the Office of each passenger.
of the Secretary of the Department of Justice? What does it
take for somebody to be on the look-out list, for example, REP. DELA CRUZ. Mme. Speaker, this is very, very
or in the watchlist? unfortunate. If they are off-loading, definitely they must
26 THURSDAY, SEPTEMBER 19 , 2013

have records of those they off-loaded. They must have the and 3) they are posing as some other kind of passengers. We
database for this. If there have been 32,000 passengers who do not want them to be victims. We do not want them to be
have been off-loaded, there must be an effort on the part victims of human trafficking, Mme. Speaker. But we would
of the Bureau of Immigration to identify them and know like to make sure that the legitimate workers are properly and
whether they were allowed to travel after. What were the securely afforded their right to travel, Mme. Speaker.
circumstances under which they were allowed to travel after,
if ever, Mme. Speaker? REP. ALVAREZ (M.). Yes, Mme. Speaker.

REP. ALVAREZ (M.). Mme. Speaker, the Bureau THE DEPUTY SPEAKER (Rep. Abad). So, if the
of Immigration has data on why these passengers were disaggregated data is not available now, can you please
off-loaded. One of the schemes or grounds that these furnish the good Congressman so we can move on to his
passengers have used is that they posed as tourists, but other questions? If that is possible, with the indulgence of
they were denied entry beyond the immigration process. the good Congressman.
Maybe it is because they could not explain their itinerary,
and they claimed to be a part of a tour group but they were REP. DELA CRUZ. Yes, Mme. Speaker.
not able to present any travel documents to support their
travel such as: hotel bookings or their itinerary; or they THE DEPUTY SPEAKER (Rep. Abad). Thank you.
may have fraudulently altered their passports. So, there
are several reasons, Mme. Speaker. REP. DELA CRUZ. Thank you very much, Mme.
Speaker.
REP. DELA CRUZ. Is there a disaggregation of this
listing, Mme. Speaker? Because if they are really legitimate THE DEPUTY SPEAKER (Rep. Abad). Please
workers and they were off-loaded as a result of the profiling continue.
of the Bureau of Immigration, there must be a way by which
they can file cases against the Bureau of Immigration. Is there REP. DELA CRUZ. Mme. Speaker, in the pre-Plenary
a disaggregation, Mme. Speaker? briefing with the Department of Justice, I requested for a
listing and an updated report of the work of the Philippine
REP. ALVAREZ (M.). Yes, Mme. Speaker. Commission for Good Government (PCGG). I would like
to find out whether that particular report and listing is now
REP. DELA CRUZ. Because we have been receiving available, Mme. Speaker.
reports that many of them are actually legitimate workers,
Mme. Speaker. REP. ALVAREZ (M.). Mme. Speaker, we have a copy
What is the recourse if they are off-loaded at some point of such report.
in time and they have to be in their job sites immediately,
Mme. Speaker? What is the recourse? Is there any recourse? REP. DELA CRUZ. Can you give us, Mme. Speaker?
Can they file a case against the Bureau of Immigration? Is How many more cases are now pending as far as the PCGG
the Bureau of Immigration, Mme. Speaker, prepared to pay is concerned? What has been the record of the PCGG? How
for these particular off-loaded workers? many billions of pesos have actually been turned over to
the government for the Comprehensive Agrarian Reform
REP. ALVAREZ (M.). Mme. Speaker, these persons are Program (CARP), Mme. Speaker? How much?
informed of the reasons why they are being off-loaded before
they are sent home, but they can also file their complaints SUSPENSION OF SESSION
with the Bureau of Immigration, Mme. Speaker.
REP. ALVAREZ (M.). May I ask for a suspension of the
REP. DELA CRUZ. Has there been any case at all, Mme. session Mme. Speaker.
Speaker, where a Bureau of Immigration official has been
reprimanded, at least, for profiling? THE DEPUTY SPEAKER (Rep. Abad). The session
is suspended.
REP. ALVAREZ (M.). There was only one employee from
the Bureau of Immigration who has been administratively It was 3:04 p.m.
sanctioned, Mme. Speaker, for this case.
RESUMPTION OF SESSION
REP. DELA CRUZ. Yes, I have wanted to get a
disaggregation of that, Mme. Speaker, so we will know how At 3:06 p.m., the session was resumed.
many workers are involved and why they were off-loaded as a
result, because we have a what we call the “Blas Ople Policy THE DEPUTY SPEAKER (Rep. Abad). The session
Center.” They have been very, very studious in the manner by is resumed.
which they monitor all of these cases, Mme. Speaker. Congressman Dela Cruz is recognized.
Of course, we appreciate what the Bureau of Immigration
is doing, Mme. Speaker. Many of these workers as well, REP. DELA CRUZ. Yes, I was requesting for an updated
really need to be off-loaded because 1) they are not legitimate report, Mme. Speaker, because I wanted to know how many
tourists; 2) they are not legitimately going out of the country; cases have been filed; how many cases have been actually
THURSDAY, SEPTEMBER 19, 2013 27

resolved; and what is the update as far as the take of the REP. ALVAREZ (M.). The balance is under escrow,
PCGG is concerned. By the way, Mme. Speaker, is the Mme. Speaker.
Chairman of the PCGG here? Are they ably represented,
Mme. Speaker? REP. DELA CRUZ. What particular cases are
involved for purposes of the escrow arrangement, Mme.
THE DEPUTY SPEAKER (Rep. Abad). Will the Speaker?
Sponsor please respond.
REP. ALVAREZ (M.). The biggest amount is the
REP. ALVAREZ (M.). Mme. Speaker, yes. The total fund Coconut Industry Investment Fund (CIIF) or the one with
that has been deposited by the National Treasury ... the Coco Levey Fund, Mme. Speaker, in the amount of
P56,538,623,400.00.
REP. DELA CRUZ. Mme. Speaker, with the indulgence
of the distinguished Sponsor, is the Chairman of the PCGG REP. DELA CRUZ. Is this still a pending case, Mme.
here? Are they ably represented? Can they answer the Speaker, because my understanding is that the Coconut Levy
questions or do we have to defer the consideration of their Fund issue has been resolved by the Supreme Court? So,
budget, in the meantime, and go ahead and discuss the other what is this P56 billion from the CIIF?
agencies, Mme. Speaker?
REP. ALVAREZ (M.). The amount I mentioned earlier,
REP. ALVAREZ (M.). Mme. Speaker, the PCGG is Mme. Speaker, is the last remittance of the Coco Levy Fund,
represented here. Mme. Speaker.

REP. DELA CRUZ. Who is representing the PCGG, REP. DELA CRUZ. So, of the 80 plus billion, Mme.
Mme. Speaker? Speaker, you are telling us that in the case of the CIIF, they
still have an unremitted amount of P56 billion? When do you
REP. ALVAREZ (M.). The Chairman is not present, think this particular amount can be remitted to the National
Mme. Speaker, but they have a representative. Treasury, if at all? Is there any pending case? My information,
Mme. Speaker, is that this particular case of the Coco Levy
REP. DELA CRUZ. Who is the representative, Mme. Fund where the CIIF is lodged, has already been resolved
Speaker? Can he answer the questions? Is there a way by by the Supreme Court. What is holding us, what is holding
which we can get the correct answers, Mme. Speaker, or we up this particular remittance, Mme. Speaker?
will have to defer its budget in the meantime?
REP. ALVAREZ (M.). The particular amount, Mme.
THE DEPUTY SPEAKER (Rep. Abad). Can we ask Speaker, has been deposited under escrow pending final
the officials and staff of the PCGG to move closer so we can resolution of the case.
facilitate communication in terms of answering inquiries from
the honorable Representative. REP. DELA CRUZ. So, there is a motion for
reconsideration of the case, Mme. Speaker? Is that correct?
REP. ALVAREZ (M.). Mme. Speaker, to answer the I thought it has already been resolved with finality by the
question of Congressman Dela Cruz, there have been 275 Supreme Court?
cases. The total that was deposited in the National Treasury Mme. Speaker, I will have to request for the deferment
as of today is P164,520,223,294 and the cash remittance of the budget of the PCGG.
for the CARP as of June 30, 2013 is P87,058,796,467.63,
Mme. Speaker. SUSPENSION OF SESSION

REP. DELA CRUZ. Thank you very much, Mme. THE DEPUTY SPEAKER (Rep. Abad). The session
Speaker. is suspended.
Is the Sponsor telling us, Mme. Speaker, that the P164
billion is an estimate? The P164 billion that we are talking It was 3:12 p.m.
about is total assets? Is this an estimate or is this the total
listing or actual assessment? RESUMPTION OF SESSION

REP. ALVAREZ (M.). It is the actual amount, Mme. At 3:16 p.m., the session was resumed.
Speaker.
THE DEPUTY SPEAKER (Rep. Abad). The session
REP. DELA CRUZ. Of this, P87 billion had been is resumed.
transmitted or transferred to the Bureau of Treasury for the
CARP? REP. GUNIGUNDO. Mme. Speaker.

REP. ALVAREZ (M.). Yes, Mme. Speaker. THE DEPUTY SPEAKER (Rep. Abad). Yes, the Dep.
Majority Leader is recognized.
REP. DELA CRUZ. Whatever happened to the balance,
Mme. Speaker? REP. GUNIGUNDO. We have conferred with the…
28 THURSDAY, SEPTEMBER 19 , 2013

REP. ATIENZA. Mme. Speaker. THE DEPUTY SPEAKER (Rep. Abad). Marami pong
salamat.
REP. GUNIGUNDO. …DOJ contingent and we have
been informed that the head of the PCGG or its commissioners REP. ATIENZA. Kilala ko po ang namumuno sa
are on their way to the Plenary Hall so that the distinguished PCGG. He is very responsible, he is very efficient in his
Sponsor can readily answer the queries of the Honorable Dela handling of the PCGG. Just to automatically defer his
Cruz. May we just suggest for the Honorable Dela Cruz to budget may not be fair. Why do we not notify him that
propound questions to other agencies that are part of the DOJ Congress is waiting for him, and we give him time to
family so as to save time. come here, or perhaps there is a problem he could not
come this afternoon.
THE DEPUTY SPEAKER (Rep. Abad). Can we move
on to the other agencies of the Department of Justice… THE DEPUTY SPEAKER (Rep. Abad). Salamat po.

REP. ATIENZA. Mme. Speaker. REP. ATIENZA. Iyon po ang aking sasabihin, Mme.
Speaker.
THE DEPUTY SPEAKER (Rep. Abad). …with regard to
the interpellation of the good Cong. Jonathan Dela Cruz? THE DEPUTY SPEAKER (Rep. Abad). Marami salamat
Kinatawang Atienza at Dep. Majority Leader.
REP. ATIENZA. Is the ruling of the Chair to defer,
Mme. Speaker? REP. GUNIGUNDO. The parliamentary status, Mme.
Speaker, is that we are in the period of sponsorship and
REP. GUNIGUNDO. There is no ruling yet, Mme. debate regarding the proposed budget of the DOJ including
Speaker. its attached agencies, and we are in the period of interpellation
wherein the Honorable Dela Cruz has the floor.
THE DEPUTY SPEAKER (Rep. Abad). The Chair has
not ruled yet. REP. ATIENZA. Salamat po.

REP. GUNIGUNDO. It is just a request coming from THE DEPUTY SPEAKER (Rep. Abad). Marami
the Chair for the distinguished Gentleman from Abakada salamat Congressman Atienza, at sa pagbabalik sa podium
Party-List to kindly propound questions on other agencies ni Kinatawang Jonathan Dela Cruz, ituloy po natin ang ating
belonging to the DOJ family. interpellation.

REP. ATIENZA. Yes. REP. DELA CRUZ. Maraming salamat po, Mme.
Speaker.
REP. GUNIGUNDO. Because the PCGG head and its We will have to wait for the presence of the responsible
commissioners are on their way to the Plenary Hall so they can PCGG officials because I have a number of questions as far
answer and assist the Sponsor of the budget of the PCGG. as the PCGG is concerned. So, I will appreciate it if that can
be done now since the Chair has already advised to wait
REP. ATIENZA. Yes, Mme. Speaker. and the Sponsor is amenable to it. I will now proceed to the
OGCC, Mme. Speaker.
THE DEPUTY SPEAKER (Rep. Abad). It is a request Is the Office of the Government Corporate Counsel
that is being made. Ito po ay pakiusap dahil marami pa (OGCC) head in the Plenary hall right now, Mme.
rin ibang attached agencies ang Department of Justice. Speaker?
Humihingi kami ng pang-unawa para tayo po ay makasulong
sa ating trabaho ditto. Kaya kung puwede, dinggin natin ang REP. ALVAREZ (M.). Yes, Mme. Speaker.
mga budget ng ibang attached agencies ng DOJ.
REP. DELA CRUZ. Thank you very much. Can you
REP. ATIENZA. Tama po, Mme. Speaker. please educate us, Mme. Speaker, on what really is the
function of the OGCC because if you are talking about the
THE DEPUTY SPEAKER (Rep. Abad). Palagay ko 123 government-owned and -controlled corporations, all
marami din mga tanong sa ibang attached agencies. Kaya these corporations have their own legal counsels. So, is the
po isantabi muna natin ang budget ng PCGG at ihatag ang OGCC not a duplication of the work of these legal counsels,
budget ng ibang attached agencies ng DOJ upang doon ituon Mme. Speaker? What is the point of having the OGCC if you
ang ating mga tanong para tayo ay makausad. already have in-house lawyers in all of the government-owned
and -controlled corporations?
REP. ATIENZA. Kung pagsasalitain lang po ako, Mme.
Speaker. REP. ALVAREZ (M.). Mme. Speaker, the OGCC is the
principal law office of the government-owned and -controlled
THE DEPUTY SPEAKER (Rep. Abad). Sige po. corporations, their subsidiaries, other corporate offsprings
and government-acquired asset corporations. I believe this is
REP. ATIENZA. Iyon nga po ang ima-manifest ko, not a duplication of the legal divisions of other government
Mme. Speaker. agencies, Mme. Speaker.
THURSDAY, SEPTEMBER 19, 2013 29

REP. DELA CRUZ. What kind of cases are being involved itself in looking and reviewing at these particular
handled by the OGCC at this point, Mme. Speaker? agreements? They are supposed to be the lawyers of the
government corporations, and they are supposed to be the
REP. ALVAREZ (M.). All cases involving all government- lawyers of the people.
owned and -controlled corporations, Mme. Speaker.
REP. ALVAREZ (M.). There is a continuing monitoring
REP. DELA CRUZ. Yes. Is the OGCC handling the cases and advice on the MWSS by the OGCC on the implementation
involving the IPPs, Mme. Speaker, as well as the review of of these concessions, Mme. Speaker.
the concession agreements?
REP. DELA CRUZ. There are at least five sectors, in
REP. ALVAREZ (M.). Yes, Mme. Speaker. many of the concession agreements, that the government
has actually ceded to the private sector the provision of
REP. DELA CRUZ. Can the distinguished Sponsor basic services to our people that include power, water, rail
advise us on what happened to the review of the OGCC with services, the NAIA 3 Terminal, and also the agreements
regard to the concession agreements for water, for example? entered into by the PICC, for example. Is the Sponsor
The water issue has become a very, very contentious one, telling us right now that as the lawyer of the government-
Mme. Speaker. There has been a lot of protests about the owned and -controlled corporations, the OGCC has not
work of the MWSS and its concessionaires, Mme. Speaker. taken any initiative and has not lifted a finger to take a
Has the OGCC been involved in the review of these water look at these things?
concessions, Mme. Speaker? For example, on the NAIA 3 agreement, what is the role
of the OGCC? Is it in any manner involved in the review of
REP. ALVAREZ (M.). In 1997 and 2008, Mme. Speaker, the NAIA 3 contract or has this review been outsourced to the
the OGCC has been involved. private lawyers? And if it is outsourced to the private lawyers,
we would like to know who are these private lawyers involved
REP. DELA CRUZ. Are you telling us, Mme. Speaker, in the review of this particular concession, Mme. Speaker.
that the OGCC at that point in time was involved in the
review of this concession and that they agreed to what many REP. ALVAREZ (M.). Mme. Speaker, the OGCC is not
sectors now recall as illegal and really ridiculous provisions involved in the NAIA 3 issue because the NAIA 3 is not
of the water concessions? Was the OGCC ever involved in a government-owned and -controlled corporation, Mme.
the formulation of the water concession agreements, for Speaker.
example, Mme. Speaker?
REP. DELA CRUZ. Excuse me, Mme. Speaker. The
REP. ALVAREZ (M.). The coverage of the OGCC is only NAIA 3 is under the Manila International Airport Authority
as to the legal aspect of these issues, Mme. Speaker, but as (MIAA) which is a government corporation. If the OGCC
to the financial, they are not involved. does not know that this is an activity under the MIAA, my
God, what kind of OGCC do we have?
REP. DELA CRUZ. You are talking about the whole
concession agreement, Mme. Speaker. If there is a REP. ALVAREZ (M.). The particular NAIA project,
concession agreement, definitely, there must be a review Mme. Speaker, was not referred to the Office of the
of all the provisions of the concession agreement. Is the Government Corporate Counsel.
OGCC advising us right now that they agreed to all of these
provisions that are now considered disadvantageous to the REP. DELA CRUZ. I am sorry to hear that, Mme.
consumers as well as to the government? That also involves Speaker. You mean to tell me that the OGCC was left out on
the IPPs, Mme. Speaker. We are now under the burdensome this? Is it not incumbent upon the OGCC being the lawyer
imposition on consumers—power rates, water rates, all the of government corporations? The MIAA is a corporation,
concession agreements—and that also includes the agreement so is it not incumbent upon the OGCC, at this point, if it
involving the NAIA 3, Mme. Speaker. was left out in the previous administration to take a look
at these things? We are paying billions of dollars for this
REP. ALVAREZ (M.). This involved the OGCC in 1997, particular facility, Mme. Speaker. Those billions of dollars
Mme. Speaker, when these concessions were approved. could have been used to procure instructional materials
for children, to build school buildings, to provide us with
REP. DELA CRUZ. I understand that, but it is more rice and the OGCC is not even involved. They are
incumbent upon the OGCC under this administration of not even concerned, Mme. Speaker. What kind of OGCC
President Aquino who has vowed to make sure that all do we have, Mme. Speaker?
of these concession agreements will have to be reviewed
under the “Daang Matuwid” dictum of the President, Mme. REP. ALVAREZ (M.). Mme. Speaker, in this particular
Speaker. Do you mean to tell me, Mme. Speaker, that the case the supervising agency, or the DOTC, was the one which
OGCC has not even lifted a finger and not even reviewed handled the supervision and the review of that particular
these concession agreements? There have been a number contract.
of issues regarding these concession agreements, Mme.
Speaker, including the NAIA 3 agreement. Are you telling REP. DELA CRUZ. They did not refer that particular
me right now, Mme. Speaker, that the OGCC has not even contract to the OGCC, Mme. Speaker?
30 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). Mme. Speaker, they did not refer REP. ALVAREZ (M.). There is an on-going review,
this particular contract to the OGCC because the DOTC is Mme. Speaker, on the IPP contracts.
not a direct client.
REP. DELA CRUZ. And this is being undertaken by the
REP. DELA CRUZ. Is not what? OGCC, Mme. Speaker?

REP. ALVAREZ (M.). It is not a client of the OGCC, REP. ALVAREZ (M.). This is being undertaken by the
Mme. Speaker. OGCC, Mme. Speaker.

REP. DELA CRUZ. So, who is the client? Is it not the REP. DELA CRUZ. Together with the lawyers of the
Manila International Airport Authority? I have vouchers PSALM, for example. Is the OGCC working with the private
where the Manila International Airport Authority is the one lawyers of the PSALM?
paying for the provisions of the NAIA 3. So you are telling
me that the Manila International Airport Authority is not a REP. ALVAREZ (M.). No, they are not working with the
government corporation and the OGCC is not involved in private lawyers, Mme. Speaker.
this? Why are we paying through the Manila International
Airport Authority, Mme. Speaker? Why? What is the point of REP. DELA CRUZ. Is the OGCC aware that the PSALM
paying for this if the OGCC is not even involved in looking has outsourced parts of this legal requirements to the private
at this particular contract? We have been paying $2 billion, sector?
Mme. Speaker. Why is the OGCC skirting its job, Mme.
Speaker? This is the responsibility of the OGCC. REP. ALVAREZ (M.). From 2001 to 2010, Mme.
Speaker, the private lawyers handled these cases but from
REP. ALVAREZ (M.). Mme. Speaker, again, in this 2010 to the present, it is now the OGCC which handles these
particular case, it is the DOTC, as the supervising agency cases exclusively.
which handled the contract.
REP. DELA CRUZ. Is the distinguished Sponsor in
REP. DELA CRUZ. Please, Mme. Speaker. I cannot a position to advise us on who the private lawyers were
accept that particular answer. The MIAA is paying for this, during the period before the OGCC took over? Do you have
Mme. Speaker. I have the vouchers for this. any information? Have you been given information, Mme.
Speaker, about the private lawyers hired by the PSALM for
SUSPENSION OF SESSION such purpose before the OGCC came in and took over the
corporate review and responsibilities?
THE DEPUTY SPEAKER (Rep. Abad). With the
indulgence of Congressman Dela Cruz, the session is REP. ALVAREZ (M.). According to the GOCC, Mme.
suspended. Speaker, it was the Feria Law Office.

It was 3:29 p.m. REP. DELA CRUZ. Feria Law Office.

Thank you very much, Mme. Speaker, distinguished
RESUMPTION OF SESSION Sponsor.
What is the participation of the OGCC insofar as the work
At 3:34 p.m., the session was resumed. of the 123 government-owned and -controlled corporations
is concerned? For example, in the BCDA, is the OGCC
THE DEPUTY SPEAKER (Rep. Abad). The session represented or part of the legal group of the BCDA?
is resumed.
Yes, we are waiting for the answer of the Sponsor to the REP. ALVAREZ (M.). In the court cases of the BCDA,
question of Congressman Dela Cruz. yes, Mme. Speaker, they are involved.

REP. ALVAREZ (M.). Mme. Speaker, it is the position of REP. DELA CRUZ. So, the OGCC is the counsel of
the OGCC that it was the DOTC, as the supervising agency, the BCDA.
which was in charge of supervising the contract of the NAIA 3.
I believe it is under arbitration right now and the government is REP. ALVAREZ (M.). Yes, Mme. Speaker.
represented by the Office of the Solicitor General.
REP. DELA CRUZ. What about the MWSS?
REP. DELA CRUZ. So, it is now being undertaken by
the Office of the Solicitor General. What about the other REP. ALVAREZ (M.). Yes, Mme. Speaker.
concession agreement, Mme. Speaker, for example, those
that are being handled now by the PSALM? The PSALM REP. DELA CRUZ. What about the Land Bank?
has an in-house lawyer, Mme. Speaker, they have concession
agreements. REP. ALVAREZ (M.). Yes, Mme. Speaker.
Is the OGCC ever involved in the review of these particular
agreements, the IPP for example or the administration REP. DELA CRUZ. If you say that you are the lawyer
agreements? of the Land Bank, for example, Mme. Speaker, what does
THURSDAY, SEPTEMBER 19, 2013 31

that mean? Because the Land Bank has a battery of in-house REP. DELA CRUZ. Mme. Speaker, we had a plenary
lawyers. So, is the OGCC also the lawyer of the Land Bank? briefing by the GCG yesterday and they are about to abolish
What is the work of the OGCC? Is it coordinating the work five government agencies. They are also in the process of
of the legal team? Are they reviewing all the loans? Is that monitoring the performance of the 123 other government
a part of the duty of the OGCC? What in particular is the agencies. Has the GCG not even given the OGCC, being
function of the OGCC in this government corporation, Mme. the lawyer of these government corporations, the advisory,
Speaker? at least, to comment on the performance of these government
corporations? The OGCC has never been consulted.
REP. ALVAREZ (M.). In terms of administrative matters,
Mme. Speaker, the legal divisions of these GOCCs are being REP. ALVAREZ (M.). They were not given any notice,
handled by their respective legal divisions. But there was a Mme. Speaker.
Supreme Court decision wherein the GOCC has supremacy
over all other legal divisions. REP. DELA CRUZ. They were not given any notices by
the GCG as well. That is quite unfortunate, Mme. Speaker,
REP. DELA CRUZ. Is my understanding correct, because if the OGCC is the lawyer of record of these
Mme. Speaker, that the GOCC also provides opinions for government corporations, they should at least have been
government corporations? given the respect to advise the GCG as far as these particular
corporations are concerned. I am afraid, Mme. Speaker, that
REP. ALVAREZ (M.). Yes, Mme. Speaker. In fact, in if these particular corporations will be abolished, they will
the same Supreme Court decision, the Supreme Court said have certain problems with their personnel, for example. In
that the OGCC has control over the legal divisions of these which case, if this problem will arise, the OGCC will probably
GOCCs. be asked to handle these particular issues.

REP. DELA CRUZ. If the opinions of the OGCC, REP. ALVAREZ (M.). Yes, Mme. Speaker. If the issue
Mme. Speaker, are not in consonance with the thinking becomes right, I believe the OGCC will be informed of such
of the management of a government corporation, can that policy issue later on.
government corporation appeal on that particular opinion?
Can they appeal that, for example, to the Secretary of REP. DELA CRUZ. So, if these particular problems will
Justice? arise, will the P89-million budget of the OGCC suffice to
handle these particular problems? We are talking about the
REP. ALVAREZ (M.). Yes, Mme. Speaker, they can abolition of corporations, Mme. Speaker, the government-
appeal the opinion of the OGCC. owned and -controlled corporations. We are talking about
maybe a thousand people involved. They will have labor
REP. DELA CRUZ. So all the opinions, as well as the cases, definitely. They will have some problems including
reviews of the OGCC are appealable to the Secretary of the disposition of assets, Mme. Speaker. So, this early, I will
Justice. Is that correct, Mme. Speaker? suggest that the OGCC get in touch with the GCG, Mme.
Speaker, so that these particular issues can be resolved at the
REP. ALVAREZ (M.). Yes, Mme. Speaker. soonest possible time. Is it possible for the OGCC to take that
initiative, Mme. Speaker, so that they can get in touch with
REP. DELA CRUZ. Thank you very much, Mme. the GCG? We do not want to have a situation in our hands,
Speaker. Mme. Speaker, where we will be saddled with cases and the
OGCC, with an P89 million budget, will have problems as far
THE DEPUTY SPEAKER (Rep. Abad). Are we through as protecting the interests of the government is concerned.
with our interpellation, Congressman Dela Cruz?
REP. ALVAREZ (M.). Yes, Mme. Speaker, the OGCC
REP. DELA CRUZ. I have five other agencies, Mme. will take it upon themselves to check on the status of these
Speaker, and I am waiting for the PCGG as well. five GOCCs.

THE DEPUTY SPEAKER (Rep. Abad). So we will be REP. DELA CRUZ. So what is the interface of the OGCC
here until eleven? with the in-house lawyers, you are just coordinating, you are
not being given any other functions or you are supposed to
REP. DELA CRUZ. Thank you very much, Mme. have the final authority as far as the legal requirements of
Speaker. I have to ask these questions. these government-owned and -controlled corporations are
In the case of the OGCC, are you also involved, concerned?
Mme. Speaker, in the effort of the GCG, this is the
government body that is in charge of monitoring the REP. ALVAREZ (M.). There are cases when they give
performance of our government-owned and-controlled instructions to these counsels, to these legal departments, and
corporations. Are you involved in the work of the GCG they even work together as collaborating counsels when they
as well? have cases, Mme. Speaker.

REP. ALVAREZ (M.). No, they are not involved, Mme. REP. DELA CRUZ. Thank you very much, Mme.
Speaker. Speaker.
32 THURSDAY, SEPTEMBER 19 , 2013

So you are certain that this P89 million will suffice for REP. ALVAREZ (M.). It is classified under the OCT, the
your purposes. How many personnel do you have, Mme. CCT and the TCT, Mme. Speaker.
Speaker? How many personnel does the OGCC have?
REP. DELA CRUZ. My understanding, Mme. Speaker,
REP. ALVAREZ (M.). They have 129 plantilla positions, is that the National Commission on Indigenous Peoples,
Mme. Speaker. for example, is also issuing titles. Is this undertaking being
coordinated with the LRA, Mme. Speaker?
REP. DELA CRUZ. Thank you very much, Mme.
Speaker. REP. ALVAREZ (M.). Yes, Mme. Speaker.
I will now have to go to the other agencies under the
Department of Justice. I am talking here about the Land REP. DELA CRUZ. These are all incorporated in the
Registration Authority, Mme. Speaker. I understand that the data bank of the LRA?
Land Registration Authority has been able to computerize.
Is this correct, Mme. Speaker? REP. ALVAREZ (M.). It is supposed to be manually
registered, Mme. Speaker.
REP. ALVAREZ (M.). Mme. Speaker, can you please
repeat the question. REP. DELA CRUZ. They are not yet incorporated in
the data bank of the LRA, the titles issued by the National
REP. DELA CRUZ. Yes. I just wanted to know if the Commission on Indigenous Peoples?
Land Registration Authority is now completely computerized,
especially the titling system, Mme. Speaker. REP. ALVAREZ (M.). The ones that were issued have
been incorporated, Mme. Speaker.
REP. ALVAREZ (M.). One hundred thirty seven Register
of Deeds out of 167 are now computerized, Mme. Speaker. REP. DELA CRUZ. Are they being incorporated right
now, Mme. Speaker? Not yet?
REP. DELA CRUZ. So, all of the offices of the Register
of Deeds are now connected by computer. There is now an REP. ALVAREZ (M.). Manually issued, Mme.
IT system that is enabled at the Land Registration Authority, Speaker.
Mme. Speaker. For example, if there is a query about a title,
say in Batangas or in Cagayan, can it be queried upon say, REP. DELA CRUZ. My question, Mme. Speaker, is that,
from Mindanao? are these titles being issued by the National Commission on
Indigenous Peoples now being incorporated in the entire data
REP. ALVAREZ (M.). Not all, Mme. Speaker. bank? We must have one data bank only, Mme. Speaker. Is
this possible for all the titles being issued in the country?
REP. DELA CRUZ. Is that already the system that we
have with the LRA, Mme. Speaker? REP. ALVAREZ (M.). The LRA, Mme. Speaker, only
registers these titles in a separate registry book.
REP. ALVAREZ (M.). Not all, Mme. Speaker. Only 137
out of 167 at the moment, Mme. Speaker. REP. DELA CRUZ. There is a separate registry book,
Mme. Speaker?
REP. DELA CRUZ. One hundred thirty seven out of
167, Mme. Speaker. REP. ALVAREZ (M.). Yes, Mme. Speaker.

REP. ALVAREZ (M.). Yes, Mme. Speaker. REP. DELA CRUZ. How many titles have been issued
by the National Commission on Indigenous Peoples, for
REP. DELA CRUZ. So, we can already query directly example, Mme. Speaker?
from Manila, for example, about land titles in Kalinga, Mme.
Speaker. Is that possible right now? REP. ALVAREZ (M.). For the CADT, Mme. Speaker,
we have 159 where 49 are registered and 118 approved but
REP. ALVAREZ (M.). Yes, Mme. Speaker. not yet registered; for the CALT, we have 257 where 148 are
registered and approved, and 109 are not yet registered.
REP. DELA CRUZ. How many titles are there in the
system of the LRA right now, the data bank of the LRA, REP. DELA CRUZ. We will, of course, have the listing
Mme. Speaker? How many titles do we have? of those. Where did these particular issuances given? What
particular areas were covered? Do we have this particular
REP. ALVAREZ (M.). Almost 24 million titles, Mme. information, Mme. Speaker?
Speaker.
REP. ALVAREZ (M.). Yes, the LRA has the particular
REP. DELA CRUZ. Twenty four million titles, Mme. list and they will provide your office, Mme. Speaker.
Speaker. Of course, these are classified under several systems,
Mme. Speaker. There is a TCT; there is also a CARP title; REP. DELA CRUZ. I am asking this question, Mme.
there is also an IP title. Is this correct? Speaker, because I have been informed that a lot of our tribes,
THURSDAY, SEPTEMBER 19, 2013 33

indigenous peoples, have been victimized by people who get where we do have Spanish titles all over the place all over
certain documents and ask them to certify or work out with again, Mme. Speaker.
them. We do not want a situation where we will have our
lands, especially those covered by ancestral domain, to be REP. ALVAREZ (M.). Yes, Mme. Speaker.
overtaken by unscrupulous individuals. So, we hope that this
is being monitored as well by the LRA, Mme. Speaker, so REP. DELA CRUZ. Yes, because there is one Spanish title that
that we will have a thorough review of all of these issuances. is being peddled all over the place that is taking care of the whole
I have seen such issuance and it is one issuance that is to of Metro Manila, Mme. Speaker. This is a Spanish title that should
my mind quite questionable. So, I hope that the LRA is have been disposed of by the LRA for a long, long time.
looking into this as well and coordinating with the National So, there is also a cleansing process as a result, Mme.
Commission on Indigenous Peoples. Speaker.

REP. ALVAREZ (M.). Yes, Mme. Speaker, the LRA is REP. ALVAREZ (M.). Yes, Mme. Speaker.
coordinating with the NCIP.
REP. DELA CRUZ. Thank you very much, Mme.
REP. DELA CRUZ. What about the Department of Speaker.
Agrarian Reform, Mme. Speaker, because, of course, there
are already titles that are being issued out of the CARP At this juncture, Deputy Speaker Abad relinquished the
beneficiaries? This is also being worked out together with Chair to Deputy Speaker Giorgidi B. Aggabao.
the Department of Agrarian Reform.
THE DEPUTY SPEAKER (Rep. Aggabao). Let it be of
REP. ALVAREZ (M.). The LRA is currently assisting record that this Representation is now presiding.
the DAR on this program, Mme. Speaker. Congressman Dela Cruz may now proceed.

REP. DELA CRUZ. How many CARP beneficiaries have REP. DELA CRUZ. Can we proceed, Mr. Speaker?
been given titles, if the Lady is aware?
THE DEPUTY SPEAKER (Rep. Aggabao). Yes, you
REP. ALVAREZ (M.). The LRA, Mme. Speaker, can may proceed. I interrupted the proceedings just to place on
submit the number of titles that have been issued, but it is record that I am now presiding.
also better, Mme. Speaker, if the DAR can also submit theirs Thank you.
as well.
REP. DELA CRUZ. Thank you very much, Deputy
REP. DELA CRUZ. These are all incorporated in Speaker Aggabao.
a central data bank under the supervision of the Land So, we are now on computerization—we are cleansing
Registration Authority, Mme. Speaker. the whole titling system. We are about to have all of these
things undertaken and computerized within a short period of
REP. ALVAREZ (M.). Yes, Mme. Speaker. time, probably by next year.
How much has the LRA allotted for purposes of this
REP. DELA CRUZ. Thank you very much. I hope that activity, Mr. Speaker?
we will be able to eventually computerize all of these things
and we will be able to access these as soon as possible in REP. ALVAREZ (M.). For this program, Mr. Speaker,
order that this particular titling system will have the integrity there is no allocation from the government.
that it deserves, Mme. Speaker.
REP. DELA CRUZ. So what particular system is in
REP. ALVAREZ (M.). Thank you, Mme. Speaker. place? Is this a B-O-T scheme, Mr. Speaker?

REP. DELA CRUZ. Do you think we will have that REP. ALVAREZ (M.). It is a B-O-O, Mr. Speaker.
particular full computerization within the year or what is the
timetable for the LRA for that purpose? REP. DELA CRUZ. For how long is the B-O-O
agreement, Mr. Speaker?
REP. ALVAREZ (M.). The direct plan of the agency has
been recently approved, Mme. Speaker. So, as soon as the REP. ALVAREZ (M.). It is a 10-year concession period,
Rat Plan will be implemented, they would try to expedite the Mr. Speaker.
computerization of the agency.
REP. DELA CRUZ. So, we are now in what year of the
REP. DELA CRUZ. When we say computerization, that 10 years, Mr. Speaker?
means we have already cleansed as well the double titling,
triple titling and all of these things, Mme. Speaker. REP. ALVAREZ (M.). The first phase started last 2008,
Mr. Speaker.
REP. ALVAREZ (M.). Yes, Mme. Speaker.
REP. DELA CRUZ. So that means by 2018 we should
REP. DELA CRUZ. So we will soon see a situation be completely owning it.
34 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). In the first phase, Mr. Speaker. in Mindanao and you will get it in Quezon City, it will cost
around P700, Mr. Speaker, anywhere-to-anywhere, Mr.
REP. DELA CRUZ. I have to commend the LRA for Speaker.
doing a good job if that is the case, Mr. Speaker. What is
this P300 million that is in the Special Provisions of the LRA REP. DELA CRUZ. These are, of course, contained
budget then, Mr. Speaker? If this is for land registration, what in that BOO agreement that the LRA has entered into, Mr.
is it for, Mr. Speaker, if you have any idea? Is this being used Speaker.
for the purpose of paying off our computerization program or
is this being used for other purposes, Mr. Speaker? REP. ALVAREZ (M.). Yes, it is contained in the
agreement and approved by the NEDA, Mr. Speaker.
REP. ALVAREZ (M.). The P300 million, Mr. Speaker,
is for the MOOE, Mr. Speaker. REP. DELA CRUZ. It was approved by the NEDA, Mr.
Speaker. Did the OGCC ever participate in the formulation
REP. DELA CRUZ. This is on page 441, Mr. Speaker: and review of this particular contract, Mr. Speaker? Would
you be aware if the OGCC was ever involved?
Land Registration Fees and Other Collections.
In addition to the amounts appropriated herein, REP. ALVAREZ (M.). Only the NEDA, Mr. Speaker.
Three Hundred Million Eight Hundred Fifty One
Thousand Pesos (P300,851,000) sourced from REP. DELA CRUZ. Only the NEDA. I will suggest
twenty percent (20%) of the land registration fees that the OGCC take a look at this as well, so that we will be
or collections of the Land Registration Authority properly protected, Mr. Speaker.
(LRA) and Register of Deeds in the country x x x
shall be used for the MOOE of LRA. REP. ALVAREZ (M.). It is noted, Mr. Speaker.

The LRA already has, as part of the GAA, Mr. Speaker, REP. DELA CRUZ. Thank you very much, Mr.
P226 million MOOE. So, is this in addition, is this P300 Speaker.
million in addition to this P226 million, Mr. Speaker? So, we are looking at the computerization program of
the LRA to be finished, meaning the titling system will be
REP. ALVAREZ (M.). Yes, Mr. Speaker, it is an addition finished in 10 years. We are now on the third year or fourth
to their MOOE. year, Mr. Speaker, and in addition to that, 30 other offices of
the Register of Deeds will be connected already to the central
REP. DELA CRUZ. So, the LRA actually has an MOOE system in a year or two.
of P526 million more or less.
REP. ALVAREZ (M.). Hopefully, Mr. Speaker.
REP. ALVAREZ (M.). Yes, Mr. Speaker.
REP. DELA CRUZ. Thank you very much, Mr.
REP. DELA CRUZ. How much of this is being paid Speaker.
out for the purpose of computerization, or is the B-O-O I will now have to say that I hope that the LRA’s work
contractor… in this particular regard will help us already not only cleanse
our titling system but provide us with speedy services as far
REP. ALVAREZ (M.). No, it is not for the computerization, as the registration of land titles is concerned.
Mr. Speaker. With the permission of the Chair as well as the Sponsor,
I will now have to request that we take a look at the budget of
REP. DELA CRUZ. This is for all of the other activities? the Office of the Solicitor General, Mr. Speaker. There is a
budget of P488 million for the OSG, Mr. Speaker. Given the
REP. ALVAREZ (M.). Yes. task of the OSG, the heavy load that it is undertaking in behalf
of the Filipino people and the government, Mr. Speaker, is
REP. DELA CRUZ. How much is the B-O-O contractor the distinguished Sponsor convinced that this P488 million
charging, Mr. Speaker, for every title that it is computerizing? will be more than enough considering the gravity of the cases
How much? that are being handled by the OSG?

REP. ALVAREZ (M.). It will depend on the service, REP. ALVAREZ (M.). According to the OSG, Mr.
Mr. Speaker. Speaker, it is more than enough, Mr. Speaker.

REP. DELA CRUZ. What kind of services are being offered REP. DELA CRUZ. Of course, we have a very able
by the B-O-O operator, Mr. Speaker? I am interested in the services Solicitor General in the person of Solicitor General Francis
that are being offered by this B-O-O contractor, because what we H. Jardaleza. I am confident that he will be able to do that
do not want to happen, Mr. Speaker, is that we will have another but it may take a toll on him, the burden. For example, may
situation just like what is happening right now at the LTO. we be advised on the status right now, Mr. Speaker, of the
NAIA 3 contract?
REP. ALVAREZ (M.). A certified true copy, Mr. Speaker,
will cost P270, but if you get a certified copy of a property REP. ALVAREZ (M.). The arbitration case is pending
THURSDAY, SEPTEMBER 19, 2013 35

in Washington DC and is in its last two weeks of hearing, So which is which? Is the OGCC going to be involved? Are
Mr. Speaker. they going to review this? If the OSG is not involved, it has
to be the OGCC. Are they reviewing this, Mr. Speaker? Are
REP. DELA CRUZ. Are we implementing already the they preparing for the challenge that will definitely come our
Supreme Court ruling as far as this is concerned, Mr. Speaker, way, Mr. Speaker?
because we are already paying? There was a Supreme Court
ruling as far as the NAIA 3 is concerned. While we are still REP. ALVAREZ (M.). Mr. Speaker, there is an ongoing
in arbitration, there are payments that are being made for review of such concession agreement, Mr. Speaker.
the NAIA 3.
REP. DELA CRUZ. Are they coordinating with the
REP. ALVAREZ (M.). There was a partial payment, MWSS Regulatory Office, Mr. Speaker? This particular
Mr. Speaker. issuance was made by the MWSS Regulatory Office, by Atty.
Emmanuel Caparas.
REP. DELA CRUZ. There was a partial? How much has
been paid so far, Mr. Speaker? REP. ALVAREZ (M.). Yes, Mr. Speaker. In fact, the
OGCC sits as an ex officio member of the Board of the
REP. ALVAREZ (M.). Around US$60 million, Mr. MWSS, Mr. Speaker.
Speaker.
REP. DELA CRUZ. When do you think the OGCC will
REP. DELA CRUZ. Sixty million US dollars? I thought complete its review? Has it already started that particular
the government paid for it when it took over that particular review, Mr. Speaker?
facility, Mr. Speaker, aside from the $60 million. That was
all that was paid, Mr. Speaker? REP. ALVAREZ (M.). In the next two weeks, Mr.
Speaker, there will be a negotiation with the concessionaires,
REP. ALVAREZ (M.). That is the downpayment, Mr. Mr. Speaker.
Speaker, and the balance is still being litigated.
REP. DELA CRUZ. There is also a challenge against the
REP. DELA CRUZ. The balance is being litigated. How concessionaires and the MWSS, Mr. Speaker, in two fora:
much is the total we are going to pay, if that information is one, before the RTC in Quezon City and the other one, in the
available to you, Mr. Speaker? Supreme Court. Is the OGCC—is this agency involved at all,
Mr. Speaker? Is it the OGCC or the OSG that is involved in
REP. ALVAREZ (M.). It is still in litigation, Mr. this challenge that has been made by the Water for All Refund
Speaker. Movement (WARM)? Which particular government lawyer
is involved in this particular challenge, Mr. Speaker?
REP. DELA CRUZ. It is still in litigation?
REP. ALVAREZ (M.). Mr. Speaker, it is the OGCC.
REP. ALVAREZ (M.). Yes, Mr. Speaker.
REP. DELA CRUZ. It is the OGCC?
REP. DELA CRUZ. We are also expecting a challenge
on the part of the water concessionaires insofar as the MWSS REP. ALVAREZ (M.). Yes, Mr. Speaker.
ruling for the reduction in the rates that these concessionaires
are now collecting from water consumers is concerned, Mr. REP. DELA CRUZ. What is the status of the case filed
Speaker. Is the OSG in a position to advise us whether they before the Supreme Court then, Mr. Speaker? It is a case that
have taken a look at the concession agreement between the was filed by the WARM. This is a movement of consumers
MWSS and the water concessionaires? against the unnecessary disadvantageous charges made by
the water concessionaires.
REP. ALVAREZ (M.). That is not within the statutory
jurisdiction of the Office of the Solicitor General, Mr. Speaker. REP. ALVAREZ (M.). They are scheduled to file
a comment on a motion to consolidate the cases, Mr.
REP. DELA CRUZ. Who will take care of that for and Speaker.
in behalf of the government, Mr. Speaker? That involves
a concession agreement between the MWSS and the two REP. DELA CRUZ. That is before the Supreme Court,
concessionaires, Maynilad Water Services Inc. and Manila Mr. Speaker?
Water Company Inc. So, who will take care of the interest of
the government as far as that is concerned, Mr. Speaker? REP. ALVAREZ (M.). Yes, Mr. Speaker.

REP. ALVAREZ (M.). The statutory council is the REP. DELA CRUZ. What about the one before the
OGCC, Mr. Speaker. RTC?

REP. DELA CRUZ. I was asking earlier if the OGCC was REP. ALVAREZ (M.). There are pending motions that
involved in the water concession agreement, Mr. Speaker, and they are waiting for the court to rule, Mr. Speaker, with regard
I was advised that it has not even reviewed this agreement. to the RTC case.
36 THURSDAY, SEPTEMBER 19 , 2013

REP. DELA CRUZ. So, the OGCC is the one involved on a continuing basis, has issued guarantees. It has
in all these cases, Mr. Speaker ? underwritten loans; it has also signed up for a lot of things.
I have just been advised, for example, that in the case of
REP. ALVAREZ (M.). Yes, Mr. Speaker. PSALM, we issued certain guarantees for the loans of the
government, of that PSALM as a corporation in the GATT,
REP. DELA CRUZ. Thank you very much, Mr. Speaker. Mr. Speaker. There are also guarantees that have been
Thank you very much, the OGCC chief. made for our Official Development Assistance loans. In the
In the case of the OSG, how many personnel do we event of some problems—forfeiture, non-implementation
have at the OSG right now, Mr. Speaker? How many of of contract, et cetera—is it not prudent on the part of the
these are solicitors? How many of these are administrative OSG to at least have an idea on what kind of obligations we
personnel? will have so that, together with the Department of Finance
and the Bureau of the Treasury, we will be prepared and
REP. ALVAREZ (M.). They have 635 personnel, Mr. put all of these things in a Contingent Fund, for example,
Speaker. Mr. Speaker. What we do not want to happen is, we will
have a situation where we will have to pay but we do not
REP. DELA CRUZ. Will the distinguished Sponsor have the money to pay it with.
advise us if there or what is the caseload—are all of them
lawyers or some of them are administrative personnel? There REP. ALVAREZ (M.). We will prepare such matrix,
is a budget of P370,973,000 for Personal Services for the Mr. Speaker.
OSG, Mr. Speaker..
REP. DELA CRUZ. By the way, is the OSG involved
REP. ALVAREZ (M.). They have 238 lawyers as of June in the writing of all these obligations, in the loans that have
of this year, Mr. Speaker. been contracted by government, for example?

REP. DELA CRUZ. How many pending cases is the REP. ALVAREZ (M.). They are not involved, Mr.
OSG overseeing, Mr. Speaker? Speaker.

REP. ALVAREZ (M.). As of August of 2013, Mr. REP. DELA CRUZ. So, who is involved, Mr. Speaker,
Speaker, the caseload of the OSG is 328,477, Mr. Speaker. in reviewing, for example? The Department of Finance
and the government corporations are actually entering
REP. DELA CRUZ. 328,000 cases? into loans that will eventually have an impact on the
obligations of government. If ever there are cases involving
REP. ALVAREZ (M.). 328,477 cases, Mr. Speaker. the government, will the OSG take care of these things?
Are these being undertaken only by in-house lawyers of
REP. DELA CRUZ. Does this caseload include those government corporations, or by the government lawyers in
cases regarding marriages? the employ of the agencies? The OSG is not involved at this
point in time?
REP. ALVAREZ (M.). Yes, Mr. Speaker.
REP. ALVAREZ (M.). No, Mr. Speaker.
REP. DELA CRUZ. How many are those if you have
an idea, Mr. Speaker? REP. DELA CRUZ. I just hope that the OSG will interact
with the Department of Finance, for example, or with other
REP. ALVAREZ (M.). We have no information on that government corporations because at some point in time, Mr.
at the moment, Mr. Speaker, but we will furnish it to your Speaker, we will have to take care or to make sure that the
office. interest of the government will be protected.

REP. DELA CRUZ. Aside from the NAIA 3 litigation, REP. ALVAREZ (M.). They will do so, Mr. Speaker.
Mr. Speaker, what other major cases is the OSG involved in
right now that will involve monies as well as charges which REP. DELA CRUZ. I will leave the interpellation on
the Philippine government will probably have to pay and will the NBI to the other interpellators, Mr. Speaker, as well
have to get from the national budget? Are there any cases as the Public Attorney’s Office because I understand that
involving—are there any such cases? In the case of NAIA the Public Attorney’s Office has been struggling with
3, for example, Mr. Speaker, definitely, there will be some its budget. I hope that they will properly be given the
monies, money claims here. What are the other cases? Has the necessary assistance, but I will have to request that, if
OSG already come out with a matrix? If and when we lose in and when the PCGG officers will be here, I will be given
these cases, what kind of obligations will we have to pay? the opportunity to ask the PCGG certain questions, Mr.
Speaker.
REP. ALVAREZ (M.). Mr. Speaker, so far, the NAIA 3 In the meantime, Mr. Speaker, I will have to thank you for
case is the only high profile case at the moment. the opportunity you have given me to ask all these questions.
Thank you very much.
REP. DELA CRUZ. I am asking this, Mr. Speaker,
because, as you know, the government of the Philippines, REP. ALVAREZ (M.). Thank you also, Mr. Speaker.
THURSDAY, SEPTEMBER 19, 2013 37

THE DEPUTY SPEAKER (Rep. Aggabao). Thank you, REP. ALVAREZ (M.). Mr. Speaker, the OGCC is
Mr. Speaker, distinguished Sponsor. the law office of the government-owned and controlled
The Dep. Majority Leader is recognized. corporations.

REP. BONDOC. Distinguished Chair, at this juncture, we REP. ATIENZA. Office of the Government Corporate
would like to move for the recognition of the Representative Counsel.
from the Party-List Buhay, the Hon. Jose “Lito “L. Atienza
Jr., for his interpellation of the Sponsor. REP. ALVAREZ (M.). Yes, of the GOCCs, Mr.
I so move, Mr. Speaker, . Speaker.

THE DEPUTY SPEAKER (Rep. Aggabao). Without REP. ATIENZA. Sila po ba ang may hawak ng mga kaso
objection, the Honorable Atienza is recognized for his or rather, sila ang mayroong responsibilidad na magpatupad
interpellation. ng mga probisyon ng mga kontrata ng pamahalaan?

REP. ATIENZA. Maraming salamat po, Mr. Speaker, REP. ALVAREZ (M.). It is the contracting parties, the
sa pagpapaubaya ninyo na makatanong kami tungkol sa GOCCs, who are the ones who implement these contracts,
ilang mga mahahalagang bagay upang magtulungan tayong Mr. Speaker.
lahat sa pagbalangkas ng mga batas na may kinalaman sa
katarungan. REP. ATIENZA. For the past 30 minutes we had
We know very well that our country’s future economic been hearing about OGCC from the lips of our colleague,
stability under a democracy depends on the basic rule of Congressman Dela Cruz, and how they have been found to
law. So, this is a great opportunity, Mr. Speaker, for us to be wanting in overseeing the implementing provisions of
dialogue with the Sponsor and of course, with the officials our concession agreements. I would like to add one more
of the Department of Justice. question to that. I am familiar with the provisions of the
At the outset, we would like to congratulate the water concession agreement given to the Maynilad and the
Department of Justice for improving their service in the Manila Water Corporation. One major provision is for these
Immigration Bureau. It is very noticeable that in the airport two companies to provide water treatment facilities so that
or airports, the Immigration has given itself a new face, mga our wastewater coming from our houses would go out into the
bata na ngayon ang humaharap sa mga bisita at sa mga lokal. mainstream—Pasig River, Manila Bay, Laguna de Bay—as
Dati-rati po ay mga senior citizens. Hindi ko malaman kung good, clean water once again. In some countries, it is even
paano nila nakukuha iyong ganoong klaseng senior citizens drinkable, once more usable. Iyon po ay sana nabigyan na
to really handle the job of processing the immigration papers. rin ng kasagutan noong nakaraang 15 taon because this water
Anyway, congratulations for that and we just hope that they concessions agreement is already 15 years old. Hanggang
will further improve so that our OFWs who are leaving the ngayon, palagay ko, wala pa ito dahil alam kong nagkaroon
country are not given the runaround. On many times, sila po ng demandahan at sinisingil na sila ng gobyerno at binigyan
ay nabibiktima ng kapilyuhan ng mga Immigration officers. na sila ng penalty ng Department of Environment pero hindi
Iyan po ay patuloy na nakakarating sa aming kaalaman kaya pa rin ginagawa ang water treatment or sewage treatment
pinararating po naman namin sa inyo sapagkat pinag-uusapan facilities. The sad part, Mr. Speaker, and this is for the
natin ang budget ngayon ng Department of Justice at kasama knowledge of my colleagues in this Chamber, these two water
na po iyong Immigration. concessionaires are collecting from our residents. Lahat tayo
So, we hope that our OFWs are not given or not ay nagbabayad nito, Mr. Speaker. You are paying, I am sure
victimized by these hooligans in our international airports. we are all paying because in our bill, there is such a thing,
Of course, we would like to suggest also, Mr. Speaker— sewer service or sewage that should have been used for this
because when our OFWs come home, we consider them as purpose under the concession agreement.
the productive sector of our country today, as contributors So, I am asking the Office of the Government Corporate
to the economic solutions to our economic problems. One Counsel (OGCC), ano na po ba ang status ng mga kasong ito?
of the biggest contributors to our national economy today Ito ba ay ipatutupad pa natin, o ito po ba ay aalisin na lang
are our eight or nine million Filipinos working abroad natin sa ating kontrata para wala na po tayong pare-parehong
and it pains us to see that everytime they come home, inaalala? Subalit, tingnan po ninyo ang kundisyon ng tubig sa
they are given a difficult time at the airport. Sana ay Manila Bay. Tingnan po ninyo ang tubig sa Laguna de Bay.
mayroon kayong linya roon para sa kanila, Mr. Speaker, Tingnan po ninyo ang tubig sa Pasig River. Tingnan po ninyo
na red carpet kung maaari. We keep on calling them as the ang tubig sa estero, e imburnal po iyon, galing sa poso negro,
new heroes, mga bagong bayani pero pagdating dito ay dahil wala pa ring sewage treatment facilities na ibinibigay
pahirapan naman. Maganda na sa pag-uwi ng isang Pilipino ang dalawang water concessionaires.
na nagtrabaho at nagbayad ng buwis niya, ay mayroong Alam po ba ng ating Sponsor itong aking binabanggit
tayong maipapakita na siya ay tunay na ipinagmamalaki sa kaniya o ngayon lang niya narinig ito? Siguro napayuhan
ng ating pamahalaan. siya ng mga kinauukulan.
So, with that, we would like to now go back to what
my colleague, Congressman Dela Cruz, was asking about REP. ALVAREZ (M.). As long as it is in the agreement,
the OGCC. Ito po ba iyong tanggapan ng tagapagtanggol o it will be enforceable. In fact, they have given the
tagapagpatupad ng mga kontrata ng ating pamahalaan sa mga concessionaires a definitive timeline for their deliverables,
pribadong sektor? Sila po ba? Mr. Speaker.
38 THURSDAY, SEPTEMBER 19 , 2013

REP. ATIENZA. I beg your pardon, hindi ko po REP. ALVAREZ (M.). Mr. Speaker, I was informed
narinig. earlier that an amendment to Republic Act No. 9344, I believe
was already received by Malacañang for signing wherein R.A.
REP. ALVAREZ (M.). May timeline po na ibinigay sa No. 9344 or the Juvenile Justice and Welfare Law will be
mga concessionaires when they should deliver what is agreed transferred from the Department of Justice to the Department
upon in the concession agreement, Mr. Speaker. of Social Welfare and Development. At the same time, I
believe the amendment also included that there should be a
REP. ATIENZA. What was agreed upon was for them detention facility for these minor offenders in each province
to deliver this particular facility. Iyon po ay binabayaran as well as in each highly-urbanized city, Mr. Speaker.
natin, binabayaran ng ating mga residente iyan. Nailipat
na nga ang pag-aari ng mga korporasyong ito, iba na ang REP. ATIENZA. More than transferring the
may-ari ngayon, pero ang sewage treatment facilities responsibilities, we would expect the Department of Justice
ay hindi pa rin naibigigay. Ang binibigay nila ay ang to at least state whether this law is reforming the young and
serbisyong ibinibigay ng Malabanan sewage service, iyong saving the children from further exposure to criminality. If
trak na sumisipsip sa mga poso negro pero hindi po iyon it is not effective, maybe we should work on repealing the
ang maglilinis ng tubig. law. According to the information I received in my own
community, in my own city, ang batas na ito ay nagparami
REP. ALVAREZ (M.). Mr. Speaker, the OGCC will take ng mga kriminal sa hanay ng mga bata. Ewan ko kung
it upon itself to tell the Regulatory Office of the MWSS to alam ng ating Sponsor, ng ating distinguished colleague,
monitor these concessionaires, Mr. Speaker. na ang mga bata ngayon ang ginagamit sa pagnanakaw sa
mga tahanan. Iyong akyat-bahay, ang pumapasok muna ay
REP. ATIENZA. Puwede po bang mahingan ng report iyong bata. Kapag nakapasok na iyong bata, bubuksan ng
ang OGCC sa legal status dito kung ito ay kanilang hinahabol bata ang main gate or side gate at papasukin na ang tahanan
pa o kanilang binura na, o baka naman nagkakasunduan na upang magpagnakawan, mang-holdup o manakit sapagkat
sila. Ito ay para malaman po naman ng bayan at para hindi may pangyayaring nagkakaroon ng karahasan. Sino ang
na po tayo naghihintay ng serbisyong hindi darating. ginamit? Bata. Ewan ko kung alam po ng ating distinguished
I do not know if the distinguished colleague is aware colleague na ang mga bata rin ang ginagamit bilang runners,
that the no less than Supreme Court has already ordered these distributors ng droga sa ating mga barangay. Ito po, kung
two water concessionaires to help clean up Manila Bay by tawagin, ay mga “dagang dingding.” Alam ng mga kriminal
providing the wastewater treatment plants, but they are not at alam ng sindikato na hindi po makukulong ang mga bata
complying with the Supreme Court order. at pumapayag po naman ang bata sapagkat pati ang mga
So, how can we claim that we have a rule of law when in magulang niya, kung minsan, ay sumasang-ayon dahil
the super contracts affecting each and every resident in a great kumikita ng malaki ang bata sa lumalalang drug distribution
portion of our country, we are not getting what is provided for sa ating mga barangay. So obviously, the law or its good
in the agreements which services we are paying for. intention may not be producing the results that we expected.
Who else can help us more than the Department of Justice?
REP. ALVAREZ (M.). Yes, Mr. Speaker, a report will Maybe transferring the job to the DSWD is not the solution
be furnished to your office as to the status of this concession but the total repeal of the law may be the solution—I do not
agreement. know. Right now, we are deluged by all kinds of complaints
on how children are used in the big problems on peace and
REP. ATIENZA. Hihintayin ko po ang kopya para po order, on the security of our own homes, and the growing
naman maibahagi ko rin sa lahat ng ating mga kasamahan at drug menace in the country.
mai-report ko sa kanila ang tungkol sa isyung ito.
REP. ALVAREZ (M.). It is the position of the Department
REP. ALVAREZ (M.). Yes, Mr. Speaker, as soon as that RA 9344 is a good law but we have a problem with the
possible. implementation, logistics wise, Mr. Speaker. The amendment
to RA No. 9344 was fully deliberated upon during the Fifteenth
REP. ATIENZA. Yes. Thank you, Mr. Speaker. Congress and we can provide the Representative from Buhay
Now, touching on another matter, ang ating Juvenile Party-List a copy of such bill which is now in Malacañang. It is
Justice and Welfare System, at maganda po naman ang also the position of the Department that we should not punish the
hangaring nito, ay ipinasa sapagkat ang akala ng mga children but in fact we should be going after the syndicates, the
Mambabatas—mga Senador at Congressmen— at ng Pangulo adults who use the children in committing such crimes. During
ay ito ay magbibigay ng magandang aral at disiplina sa the deliberations in the Fifteenth Congress for the amendment
ating mga anak at mga kabataan. According to this law, all of the law, we wanted to try the therapeutic approach and that
minors who commit a crime cannot be detained because of is the reason we in Congress decided to transfer the jurisdiction
their age. The intention really is very, very noble—ibigay of RA No. 9344 from the DOJ to the DSWD so that our social
sila sa kanilang mga magulang at sa barangay para turuan workers will involve the families of these children in their
sila ng tama. Ano po ba ang inyong analysis or observation rehabilitation, Mr. Speaker.
dito ngayon? Ito po ba ay epektibo, nakatulong po ba ito sa
mga bata, ito po ba ay nagbawas ng krimen sa ating mga REP. ATIENZA. Malaki pong pasasalamat kung ang
barangay? Ano po ba ang development sa batas na ito ayon Department of Justice ay mabibigyan tayo ng summary of
sa pagpapatupad ng ating Department of Justice? their observations or their own impressions on this particular
THURSDAY, SEPTEMBER 19, 2013 39

law which does not seem to be working according to its pending with the DILG and the NAPOLCOM are now
intention. Salamat po. ongoing. As to the criminal aspect, it did not push through
Still on the youth offenders, Mr. Speaker, iyon po bang because it was not accepted by the Office of the President,
Welfareville ay bukas pa at operating, o hindi na po? Lumaki Mr. Speaker.
po ako na alam ko na mayroong Welfareville kung saan ang
mga batang naliligaw ng landas ay nalalagak po roon. Wala REP. ATIENZA. Nakasuhan po ba ang primary
na po bang operations iyon ngayon? responsible authority, the Mayor and the Vice Mayor of
Manila?
REP. ALVAREZ (M.). Mr. Speaker, the Juvenile Justice
and Welfare Council (JJWC) is still in operation under the REP. ALVAREZ (M.). Only administratively, Mr.
DOJ. Speaker, ongoing.

REP. ATIENZA. It is still operating? REP. ATIENZA. May kaso po ba?

REP. ALVAREZ (M.). Yes, Mr. Speaker. REP. ALVAREZ (M.). Yes, Mr. Speaker.

REP. ATIENZA. I hope I will get a clear answer. Is REP. ATIENZA. Ano pong kaso, overeating?
Welfareville still operating, or it is not operating?
Ako na po ang sasagot, Mr. Speaker. Hindi na po nag- REP. ALVAREZ (M.). Neglect, Mr. Speaker.
o-operate ang Welfareville dahil may idi-develop na po na
mga condominium doon. So, who disposed of this? Ano po REP. ATIENZA. Saan po naka-file ang neglect case?
ang kadahilanan bakit tinigil ang pinaglalagakan ng child
offenders at delinquent youth? Ano po ba ang kadahilanan? REP. ALVAREZ (M.). It is pending with the DILG, Mr.
Is it the program of government to privatize and otherwise Speaker.
sell its useful institutions and facilities?
REP. ATIENZA. Saan po?
REP. ALVAREZ (M.). As of the moment, Mr. Speaker, the
facilities or the holding centers for these minor offenders are REP. ALVAREZ (M.). Sa DILG, Mr. Speaker.
with the DSWD or with the local DSWDs, Mr. Speaker.
REP. ATIENZA. Ang alam ko pong nakasuhan sa korte
REP. ATIENZA. Anyway, there is another issue, Mr. at nahirapang mag-depensa ay ang walang kamalay-malay,
Speaker, that this Representation would like to be enlightened ang kapatid noong hostage-taker, a policeman brother who
on—the rationale for closing down Welfareville and how was just merely asked to intervene and help. Siya po ang
we are coping now with the requirements of disciplining the kinasuhan. Naku, ang lalaking kaso po noon at kung hindi
young offenders. Para po naman mayroon tayong basehan po naman namin tinulungan, sa palagay ko, ay siya ang
kung anong batas ang ating pag-uusapan muli na may makukulong at siya ang malalagay sa problema.
kaugnayan sa mga batang naliligaw ng landas. We keep on mentioning this, Mr. Speaker, because this
At this point, Mr. Speaker, I would like to, again, mention single incident has triggered a lot of problems in our diplomatic
a very seemingly insignificant event that has caused great relations with China and up to now, we are at a very serious
problems for the country, serious ones. I am talking about the crossroads. Do we make friends with China? Do we totally
Luneta incident involving the killing of eight Chinese tourists. antagonize and confront China? Do we declare war with China
Nakita po ng buong mundo iyan at nakita po ng buong bansa. when all they were asking for here is a rule of law?
Napanood ko iyan at napanood din ninyo—the incompetence Mayroon din po akong mga kaibigan sa Chinese
in the handling of the event or the incident that caused the government at sabi nila ay iyon lang ang hinihingi nila.
killing of the Chinese tourists. Sabi nga nila, “bakit ninyo kami ginanito? All we want is
To the credit of the Secretary of Justice, she was the justice to prevail. Eight of our citizens were mercilessly
one who investigated the matter and again, we also watched slaughtered, and nobody was made answerable for that.”
the investigation. It was handed well and she came out with We read the recommendation of the Department of Justice
the recommendation to file cases against those who, to the and they said, “dapat idemanda, criminal and administrative,
investigating panel’s point of view, committed errors in ang mga nagkulang.” E hindi sinunod ito. Iyon po ba ay may
judgment and maybe, even incompetence to an extent. Iyong natutunan tayo? Iyon po ba ay hindi na dapat maulit sa ating
kopya ng mga rekomendasyon ay napunta rin po sa kamay kasaysayan? O wala pa tayong natutunan hanggang ngayon
ng mga opisyales ng Tsina pero hindi po naman tinupad ng kaya uulit-ulitin natin iyan.
ating pamahalaan. Sa aking pandinig ay nabago ang desisyon I premised my interpellation on the rule of law, that it
at walang kinasuhan or rather, ginawang lighter ang parusa should be the main foundation of our society without which,
at administrative na lang yata; in other words, a tap on the we will get nowhere. Anyway, Mr. Speaker, the mere presence
hand, administrative. Iyon po ba ay nai-file o hindi? Mayroon of the Secretary of the Department of Justice is a big factor.
po bang mga kasong nai-file man lang para mayroon tayong At least she has heard the voice of this Representation from
isasagot din sa mga nagtatanong sa atin kung anong klaseng Buhay Party-List and the frustration of the CHR people
hustisya at katarungan mayroon tayo? with regard to the delivery of justice. She can do a lot as she
is— one thing we know, she has to be more steadfast, more
REP. ALVAREZ (M.). Only the administrative cases decided, and that we will all be rallying around her.
40 THURSDAY, SEPTEMBER 19 , 2013

At this point, we are congratulating her also for the filing siyang PI, ni hindi siya naka-submit ng counter-affidavit dahil
of the cases on the pork barrel issue. It took quite some time hindi ho nga niya alam. Nagkakape lang siya, tapos biglang
but at least, nai-file na po at ang sabi nga niya, “first batch.” may warrant of arrest na siya at apparently, may kaso siya
Siguro tama po ang first batch dahil hindi naman po siguro somewhere in Rizal or in Sulu or in Iligan or wherever. Ang
kumpleto iyon. The three Senators who were charged merely tingin naman namin, this is not just a violation of the due
belong to the opposition. Mayroon din po siguro na mga process right ng ating mamamayan, but this is also a threat
administration Senators who committed very serious crimes to the freedom of organization or assembly. Parang may
of corruption on this issue, and we would be the first one to warning ito na kapag sumasali ka sa mga aktibista, sa mga
congratulate the good Secretary of the Department of Justice people’s organization, puwede ka talagang i-John Doe. Sa
if she follows this up with the second batch and maybe, the tingin naman namin, this should be prohibited because under
third batch. So that we will all learn from this experience, na the Constitution, may due process rights ka. Iyong warrant
ang ating bansa ang makinabang dito sa napakahirap na ating of arrest, dapat identified kung sinong iwa- warrant mo at
pinagdaanan. This is the biggest scandal that has rocked the hindi naman puwedeng may general warrant ka. Kaya itong
very foundation of our society and our democracy and we ginagawa ng mga piskalya natin—na sinasadya, sa pagtingin
hope to gain from it with the rule of law. namin, na palitan ang “John Doe” ng isang pangalan after the
So, again, we appreciate the filing of the cases. We hope information is filed—is a grave abuse of that authority. Ang
it does not take one year, as they said. It should take less than dami hinihingi. Sa tingin po ba ng Department of Justice,
that because overwhelming the evidence have already been Mr. Speaker, tama ba itong ginagawang pagpalit ng “John
filed and witnesses have already been proclaiming what they Doe,” thus practically threatening everybody and in fact, even
know. The whole nation already knows everything. It should Members of this Congress who are with the opposition by
not take one year. It should take much more than that—no, virtue of a mere amendment to the information through this
less than that para po naman ang bansa natin ay makinabang tactic of using “John Does,” Mr. Speaker.
dito sa ating pinagdaraanang ito.
Maraming salamat, Mr. Speaker, for the patience of REP. ALVAREZ (M.). Mr. Speaker, the Secretary
the Sponsor on the questions that we propounded and we of the Department recently issued a department circular
promised to raise because we need the rule of law to prevail reminding the prosecutors of the Department on the need
in the country. The Department of Justice, no less, should be for caution and prudence in the usage of John Does.
at the forefront of all these. This same circular also reiterated Department Circular
Salamat po. No. 50, year 1990 of then DOJ Secretary Drilon, in
the usage of John Does or of this sort of practice, Mr.
REP. ALVAREZ (M.). Thank you, Mr. Speaker. Speaker. In fact, recently, a memorandum circular was
already signed by the Department Secretary on the
THE DEPUTY SPEAKER (Rep. Aggabao). Thank rules on the inclusion of John Does and Jane Does in
you. criminal information. We can furnish the Representative
The Dep. Majority Leader is recognized. of Bayan Muna a copy of this memorandum circular,
Mr. Speaker.
REP. BONDOC. Mr. Speaker, at this juncture, we
move for the recognition of the Gentleman from the Party- REP. COLMENARES. Thank you, Mr. Speaker.
List Bayan Muna, the Hon. Neri J. Colmenares, for his So, there is a recognition on the part of the DOJ that it
interpellation of the Sponsor. is wrong, this practice is wrong, and must not be continued,
I so move, Mr. Speaker. Mr. Speaker?

THE DEPUTY SPEAKER (Rep. Aggabao). Without REP. ALVAREZ (M.). Mr. Speaker, the Department
objection, the Honorable Colmenares is recognized to Secretary of the DOJ is a known human rights lawyer and
interpellate the Sponsor. I believe she agrees that this is a bad practice, misusing
information in John Does or Jane Does.
REP. COLMENARES. Thank you, Mr. Speaker and
thank you to our dear Ilongga colleague who has been REP. COLMENARES. So that circular prohibits this
answering questions in the Ilongga way—malumanay, practice, Mr. Speaker, please?
malulo.
A few preliminary questions ulit. There was this issue we REP. ALVAREZ (M.). There are certain rules on the
had with the DOJ— actually, it was a long time ago but it was inclusion of John Does and Jane Does.
reiterated last year— and this is the issue of John Does. Palagi
na lang po kasi maraming people’s organizations, NGOs, civil REP. COLMENARES. Administrative Circular No. 50,
society groups—ang ginagawa ng kapulisan at ng military issued by Senator Drilon a long time ago, in fact, says that
ay kakasuhan nila ang ilang named controversial figures at it cannot be done. Is the same being reiterated in this new
maglalagay ng napakaraming John Does and Jane Does. circular or administrative order?
Tapos, kapag na-file na ang information, ia-amend iyong
information kung saan papalitan ang John Does at lalagyan REP. ALVAREZ (M.). Mr. Speaker, there is a regulation
ng mga pangalan—I do not know, Neri Colmenares—with as to the usage of Jane Does and John Does.
any of the members here—kahit sinong pangalan. Bigla
ngayong may warrant of arrest itong hapless victim, ni wala REP. COLMENARES. Thank you, Mr. Speaker.
THURSDAY, SEPTEMBER 19, 2013 41

REP. ALVAREZ (M.). This cannot be totally removed, who was recently deported by the Bureau of Immigration
Mr. Speaker. ostensibly because she participated in a rally. In fact, I read
in the newspaper that she was just observing the rally. Even if
REP. COLMENARES. Thank you, Mr. Speaker. she participated in the rally held in the country—a few weeks
I would appreciate a copy of the circular or the before that, this young woman was about to leave for Canada
memorandum issued, please. I heard there was also these but the Bureau of Immigration detained her and arrested her
draft rules and maybe if they can include it here, I would on the ground that she participated in the said rally. Is that
also like to ask for a copy. correct, Mr. Speaker, please?

REP. ALVAREZ (M.). Yes, we will furnish the office REP. ALVAREZ (M.). Yes, Mr. Speaker, that
of the Representative from Bayan Muna a copy, Mr. happened.
Speaker.
REP. COLMENARES. That happened? So, despite the
REP. COLMENARES. Thank you, Mr. Speaker. fact that the DOJ believes in the principle that Filipinos who
During the interpellation yesterday of the Department are aliens abroad have the right to freedom of assembly and
of Foreign Affairs, itinanong po namin kung may mga expression, the aliens here in the Philippines do not have
Pilipino sa abroad na nagra-rally sa harap ng embassy natin. that right. I would just like to go further. May we know,
Ang itinanong natin sa DFA, “Ito bang mga Pilipino ay distinguished Sponsor, what was the reason behind that?
ipinapahuli ninyo sa pulis ng bansa kung saan naganap ang I mentioned that because she just participated in the rally.
rally?” Ang sabi ng DFA ay hindi nila ipinapahuli ang mga Is there a law that prohibits that? Is that a crime in the
Pilipino ostensibly because they believe that, of course, even Philippines today, Mr. Speaker, distinguished Sponsor? My
if you are in the United States, you do not lose your rights, question now is, krimen ba sa Pilipinas ang mag-rally? Iyon
especially if there are legitimate issues. In fact, even if it may lang po muna ang tanong ko.
not be legitimate, according to the DFA, still they refuse to
seek police assistance on Filipinos conducting rallies abroad. REP. ALVAREZ (M.). No, Mr. Speaker.
Would you agree with this assertion? As we know that the
Secretary of Justice is a human rights advocate before she REP. COLMENARES. No, it is not a crime and so,
became a Secretary, would you agree to the position of the attendance in a rally is not a crime. The Constitution
Department of Foreign Affairs, Mr. Speaker, please? provides for due process, that “No person shall be deprived
of life, liberty and property.” Does that provision or is that
REP. ALVAREZ (M.). Yes, Mr. Speaker, she agrees. provision only limited to Filipinos, distinguished Sponsor,
Mr. Speaker? Or does that mean that even if you are not a
REP. COLMENARES. Thank you because that is a Filipino, your due process right will not be violated by the
recognition na kahit nandoon ka sa Amerika, puwede kang Philippine government since this will also be in violation
mag-rally sa harap ng embassy mo at sabihin doon sa embassy of the International Covenant on Civil and Political Rights,
mo kung ano ang iyong mga hinaing. In fact, ang nagra-rally in violation of the International Covenant on Economic,
po doon sa tapat ng embassy natin po ay mga Filipino na may Social and Cultural Rights, in violation of the Universal
isyu, kung ano pa man ang isyu nila sa embassy, at the same Declaration of Human Rights? So, ang tanong ko po, tama
time, mga Filipino-Americans na. Hindi na sila Filipino, sila po ba na ang due process right under Section 1, Article
ay mga dating Filipino na naging Amerikano o naiba na ang III of the Constitution, when it says “No person shall be
nationality nila. deprived of life, liberty, or property without due process
Natanong ko din po ang DFA kahapon na maraming of law,” includes even foreigners, distinguished Sponsor,
domestic helpers sa Hong Kong at nag-rally sila against Mr. Speaker, and is not merely limited to Filipinos. Tama
discrimination doon sa Hong Kong, against sa mga desisyon po ba iyan?
ng korte ng Hong Kong at sa policies ng gobyerno na hindi
nagbibigay ng citizenship sa mga domestic helpers natin na REP. ALVAREZ (M.). Our Constitution, Mr. Speaker,
napakatagal na sa Hong Kong, at iba pang isyu, sa suweldo is limited to Filipinos citizens but I believe foreigners are
o ano pa man, doon sa Hong Kong. Ang aming tanong sa also covered by the Universal Declaration on Human Rights,
DFA: sinasabihan ba natin ang ating mga domestic workers Mr. Speaker.
na hindi sila dapat mag-rally sa Hong Kong? Ang sagot ng
DFA ay hindi naman daw po. Sa tingin naman namin dito sa REP. COLMENARES. Yes. So, Article III, Section
Kapulungan, may recognition ang DFA na kahit na domestic 1, in my interpretation, unless the Department of Justice
helper ka sa Hong Kong ay mayroon kang karapatan na believes otherwise, when it says, “no person,” it means both
maglabas ng iyong hinaing o kung ano pa man ang mga isyu Filipinos and foreigners. In fact, if we go back to the Malolos
na kailangan nilang ihain doon sa Hong Kong. Naniniwala Constitution, the Bill of Rights of the Malolos Constitution
rin po ba ang Department of Justice sa ganitong pagtingin was more specific, “no Filipino or foreigner shall be deprived
ng Department of Foreign Affairs? x x x.” Then the succeeding Constitutions, the bifurcated
Constitutions of 1935, 1973 and 1987, in fact, assure even
REP. ALVAREZ (M.). Yes, Mr. Speaker. aliens of the same right to due process as Filipinos. So, am
I correct in this interpretation that Article III, Section 1 also
REP. COLMENARES. Thank you for that, distinguished includes respect for the due process right of aliens? Am I
Sponsor, Mr. Speaker. There was this issue about a Canadian correct, Mr. Speaker, distinguished Sponsor?
42 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). Yes, Mr. Speaker. REP. ALVAREZ (M.). Mr. Speaker, can you please
repeat the question?
REP. COLMENARES. So, it is included and therefore,
even if you are a foreigner, you have a due process right. Since REP. COLMENARES. Well, is it stated in the rules that
there is no law making it a crime to attend a rally or much a non-immigrant visa allows you to participate in a rally?
less observe one, there is a due process right for a citizen and
for a foreigner not to be deprived of his or her liberty for an REP. ALVAREZ (M.). Mr. Speaker, there are conditions
act which does not constitute a crime. Am I correct in that, for a tourist visa and the conditions are, of course, that visit
Mr. Speaker, please? of such tourist is for pleasure, for business and for health,
Mr. Speaker. It does not include…
REP. ALVAREZ (M.). As a matter of general proposition,
yes, Mr. Speaker. REP. COLMENARES. So it is the same, Mr. Speaker,
the conditions of stay for a tourist—non-immigrant visa and
REP. COLMENARES. Thank you. So why was this business visa are the same. Meaning to say, all of them do
young Canadian student arrested if she was not committing not say you are allowed to join a rally in the same manner
a crime? We have just agreed awhile ago, Mr. Speaker, that the Filipino domestic workers in Hong Kong were not
that there is no crime committed by a foreigner for merely really given a visa that says they are not allowed to join a
observing or even participating in a rally. In the same rally. The DFA, I presume, which is not even very steeped
manner, we will not allow our domestic helpers in Hong in international humanitarian or human rights law, said that
Kong to be arrested merely because they are holding rallies should be recognized. Even Filipinos, whether Americans,
in Hong Kong. We will not allow Filipinos in the US to be Fil-Americans, migrants or visiting tourists in the US, are
arrested merely because they are holding a rally infront also allowed to hold a rally in front of their embassy precisely
of the embassy. Then why was this foreigner deprived of because I do not think there is a visa that actually says that
her liberty and arrested by virtue of an act which does not you are not allowed to join a rally. So why is there a difference
constitute a crime? in treatment now wherein a holder of a non-immigrant visa
can participate in a rally but the others are not allowed
REP. ALVAREZ (M.). Mr. Speaker, the person anymore? Where in the Constitution says that there should
involved—there was a violation of the conditions of her stay be discrimination on the rights of the individual on the basis
as a tourist in our country, Mr. Speaker. of the category of the visa given to that particular person?
Are we not humiliating ourselves before the international
REP. COLMENARES. There was a violation of the community when even the Hong Kong government under the
conditions of her stay? What was the violation? Chinese government are allowing domestic helpers to have
rallies in Hong Kong, but we will not allow non-Filipinos to
REP. ALVAREZ (M.). As a tourist. have a rally in the Philippines?
Does that not desecrate or at least make us a pariah
REP. COLMENARES. May we know? internationally? Tingnan po natin iyong rason ng Immigration
Commissioner, sabi niya “kasi sumali siya sa rally e.”
REP. ALVAREZ (M.). As a tourist, Mr. Speaker, of Hindi po ba nakakahiya iyan sa buong mundo? Sa Pilipinas
course, her visit to the country is, of course, for pleasure, for pala bawal ang rally at krimen ang sumali sa rally. That is
business and for health purposes, Mr. Speaker. something we cannot accept.

REP. COLMENARES. So, does that mean that if you REP. ALVAREZ (M.). Mr. Speaker.
participated in a rally, you are already violating the conditions
of your stay? REP. COLMENARES. Mabuti pa iyong DFA, sabi ng
DFA, “wala naman po silang bina-violate, hindi po namin sila
REP. ALVAREZ (M.). It does not fall under any of the ipapahuli, hindi po namin sila ipapa-deport, o ano pa man.”
circumstances in a tourist visa, Mr. Speaker.
REP. ALVAREZ (M.). Mr. Speaker, the Bureau
REP. COLMENARES. May we ask the Bureau of of Immigration is not privy to the immigration laws of
Immigration Director, what visa will apply if she wants to go other countries. The basis for the action of the Bureau of
to a rally here, distinguished Sponsor please? You said that Immigration is, of course, the Philippine Immigration Act
kind of visa does not allow her to go to rallies, so what visa of 1940, Mr. Speaker.
will she apply for that will allow her to go to a rally in order
not to violate the conditions of her stay? REP. COLMENARES. Yes. May I know, Mr. Speaker,
what in that Philippine Immigration Act was the ground used
REP. ALVAREZ (M.). Mr. Speaker, it is the opinion for the arrest of this foreigner? By the way, under the due
of the Bureau of Immigration that if a foreigner has a non- process right, of course, everybody has the right not to be
immigrant visa, maybe she can participate in a rally. arrested without warrant. Was there also a warrant issued for
this foreigner, Mr. Speaker, please?
REP. COLMENARES. A non-immigrant visa? Is it stated
in the rules, Mr. Speaker, that a non-immigrant visa allows REP. ALVAREZ (M.). Section 37(a) of the Philippine
you to join a rally? Immigration Act of 1940, states:
THURSDAY, SEPTEMBER 19, 2013 43

The following aliens shall be arrested upon the there was no warrant at all and so the BID Commissioner is
warrant of the Commissioner of Immigration or of now liable under our very laws for the act that he committed
any other officer designated by him for the purpose very recently, Mr. Speaker, please.
and deported upon the warrant of the Commissioner
of Immigration xxx. REP. ALVAREZ (M.). The charge sheet, Mr. Speaker,
gave the Canadian the opportunity to answer the charges,
Specifically, in this particular case, she was charged and she did not answer the charges but opted for voluntary
under paragraph 7 wherein it is stated: deportation, Mr. Speaker.

Any alien who remains in the Philippines in REP. COLMENARES. When did she opt for that—when
violation of any limitation or condition, under which was she arrested, by the way, Mr. Speaker? May we know
she was admitted as non-Immigrant; the date of her arrest?

Therefore, there was a charge sheet in this particular REP. ALVAREZ (M.). She was informed of the charge
case and the particular Canadian was informed of the charges sheet last Friday, September 13, Mr. Speaker.
against her, Mr. Speaker.
REP. COLMENARES. So, she was in the airport but
REP. COLMENARES. Yes. I am actually reading right she was not allowed to board the aircraft and instead, she
here Section 37(a)(7) of the Immigration Act and I realized was brought to the facilities of the—was it in Camp Bagong
that you did mention that a warrant is necessary. Was there Diwa? Am I right in this fact?
a warrant for the arrest of this young Canadian student, Mr.
Speaker please? REP. ALVAREZ (M.). She was first given a copy of the
charge sheet, Mr. Speaker.
REP. ALVAREZ (M.). The charge sheet, according to
the Bureau of Immigration, Mr. Speaker, is per se like an REP. COLMENARES. She was brought to Camp
information but I believe, that instead of posting bail, she Bagong Diwa, am I correct, please, Mr. Speaker?
opted for voluntary deportation, Mr. Speaker.
REP. ALVAREZ (M.). When she did not contest, Mr.
REP. COLMENARES. So, was there a warrant? Or Speaker, the charge sheet, she was brought to Camp Bagong
you are saying, Mr. Speaker, please, that the charge sheet Diwa.
constitutes a warrant?
REP. COLMENARES. She was brought to Camp
REP. ALVAREZ (M.). The charge sheet, Mr. Speaker, Bagong Diwa, and the Bureau of Immigration is saying that
initiates the deportation proceedings, Mr. Speaker. she did not contest the charge sheet?

REP. COLMENARES. So, the answer is no, there was REP. ALVAREZ (M.). She was given the opportunity to
no warrant, but there was a charge sheet. post bail, but she did not, Mr. Speaker.

REP. ALVAREZ (M.). There was no need for a REP. COLMENARES. Yes. If the student will
warrant, Mr. Speaker, because she opted for a voluntary say that she contested the charges against her which
deportation. is, of course, natural for anybody, will the Bureau of
Immigration head resign from his post, Mr. Speaker?
REP. COLMENARES. Yet the rule mentioned awhile Apparently he is using a story that is not acceptable to,
ago by the Commissioner of the BID, Mison, as I distinctly at least, many of the human rights advocates here in this
heard, in Section 37 of the Immigration Act is that there is House. If she was detained in Camp Bagong Diwa on
a need for warrant. Meaning to say, kapag may charge ka, a Friday, when did she allegedly “self-deport” herself,
puwede ka nang arestuhin? So any Member of Congress please, Mr. Speaker?
here with a charge before, say, the Ombudsman, can now
be arrested, Mr. Speaker, distinguished Sponsor, because a REP. ALVAREZ (M.). When she opted for voluntary
charge sheet constitutes a warrant, if that is the interpretation deportation, that was the time the Bureau of Immigration
of the BID Commissioner. issued a warrant of deportation to implement such deportation,
Mr. Speaker.
REP. ALVAREZ (M.). No, Mr. Speaker, because
the charge sheet can be contested. You can contest it by REP. COLMENARES. May we know when she “self-
posting a bail, or you can opt for voluntary deportation, deported” herself? When was she able to leave the country,
Mr. Speaker. distinguished Sponsor, Mr. Speaker?

REP. COLMENARES. Thank you. So, the requirement REP. ALVAREZ (M.). She was able to leave the country
of Section 37 was not fulfilled because there was no warrant, Sunday night, Mr. Speaker.
considering that a charge sheet does not constitute a warrant.
In fact, if I may put forward, I think the Commissioner has to REP. COLMENARES. Sunday night? So, she was in
issue a warrant practically for the arrest of that person. Here, prison for two days, she was under detention for two days?
44 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). Yes, Mr. Speaker, and she was I think it is an international rule that aliens—if you
held in Camp Bagong Diwa. are a human being, you do not lose your rights the moment
you enter the border of another country. Only repressive
REP. COLMENARES. So, hindi bawal mag-rally pero dictatorships have that kind of a rule. For the Bureau of
kapag isang foreigner ang nag-rally, hindi krimen ito pero Immigration to really say it publicly, proudly and arrogantly,
violation ito ng conditions of stay. What condition in the visa if we may say, Mr. Speaker, that is really unacceptable. Sana
was she violating, Mr. Speaker, distinguished Sponsor? tinago-tago niya na lang, kasi for the world to hear, “bawal
ang foreigner sumama sa rally dito”? In any case, I leave
REP. ALVAREZ (M.). When she entered the country as it at that. I just wanted to register this and I would be very
a tourist visa, of course, it was understood that she is here in happy for that memorandum circular that you will be giving
the country for tourism purposes, for pleasure. me, Mr. Speaker.
One last note na lang, just an information to the DOJ.
REP. COLMENARES. In my opinion, if I may, During the DFA budget interpellations, we asked them:
Mr. Speaker, the interpretation—or what was that—the “Namo-monitor ninyo ba ang mga kaso ng OFWs sa
perception where it was assumed that she is violating abroad? Namo-monitor ninyo ba ang legal cases nila?”
which thus led to the detention of a person, I think that is They said “Namo-monitor naman daw.” Pero ang sabi
a violation of many human rights laws. The issue of liberty ko, “alam niyo, hindi naman lawyers ang mga embassy
cannot be a presumption or an interpretation. They said officials e.” Kaya 80 percent siguro lang ang conviction
that it is presumed that she is violating it because her visa rate natin sa abroad kasi talagang, siyempre, kapag pro
says “tourist or pleasure.” When I asked, “so what visa will bono ang lawyer doon—pro bono na nga iyan kaya
she apply for that says she can join a rally”—the answer, imposition sa kanya, foreigner pa iyong dinedepensya
“ there is none.” So, there is no way for her to apply for niya, wala pang bayad, e talaga nga naman sigurong not
a visa that she will not violate, meaning to say, that was competent service ang ibinibigay. So, sabi ko, “Sana
an admission by the Bureau of Immigration that there is lawyer man lang ang nagmo-monitor.”
no foreigner who can be allowed because any foreigner Mano ba namang may isang legal team na tumitingin
who joins a rally will now be violating the conditions of kung nilalaglag na ng lawyer doon sa bansang iyon ang ating
the visa. OFW. Mano ba namang may titingin na isang taong may
In fact, if you look at the phraseology of paragraph 7, legal knowledge. Aralin niya ang batas ng Middle Eastern
it says: “who remains in the country.” Ang intepretasyon countries, for example, para man lang matimbrehan ang
ng lahat ng “who remains in the country,” you are given ating embassy na death penalty ito kaya mag-ingat na tayo
52 days for your stay but you overstayed; you are given dahil papunta na ito sa death penalty—para ma-forewarn
a student visa but you worked even if what you had was man lang tayo.
a student visa and you remained in the country. This is a My proposal to the DFA is, kung hindi naman puwede—
“stretched” interpretation of paragraph 7, Section 37(a) of ang lawyers kasi nila are more on the diplomatic at hindi
the Immigration Act. That is why we are very—in fact, I naman sa trial, tsaka kung may lawyer sila although hindi
did not have any intention at all of asking these questions of naman marami sila doon—why do they not tap the Public
the DOJ except that we saw what we think was an arrogant Attorney’s Office, for a team from the PAO to know and be
statement of the Bureau of Immigration that, “no, you are a familiar with the various laws, to monitor how our OFWs’
foreigner, you cannot hold a rally here. cases are going, to give advice to the embassy at ma-forewarn
You cannot participate.” When, in fact, marami namang tayo na death penalty cases ito or life imprisonment. At least,
Pilipino—gusto po ba natin pahuli din sila dahil nagra-rally makakatulong po ito.
sila sa Saudi, nagra-rally sila sa Hong Kong? The due process So, the DFA said that they are amenable to that and they
right of Filipinos or aliens whether in the Philippines or in the are open to that. I also hope that the DOJ, the PAO for that
United States or in Hong Kong, must be respected by various matter, would also be open because it would be good for our
governments. It is really unacceptable that our Immigration OFWs na mayroon namang nakatingin doon na may legal
flaunts the violation of the International Covenant on Civil background. Iyon lang po ang aking masasabi sa ngayon sa
and Political Rights and ICESCR by virtue of an outmoded DOJ.
law that was even passed long before the United Nations Maraming salamat po, Mr. Speaker, distinguished
Declaration on Human Rights, long before the 1973 and 1987 Sponsor.
Constitutions prohibited such an act.
So, if I may, Mr. Speaker, distinguished Sponsor, I really REP. ALVAREZ (M.). Mr. Speaker, thank you.
hope that the Bureau of Immigration will take out that position
because it is embarrassing to the international community. THE DEPUTY SPEAKER (Rep. Aggabao). Thank you
Tayo lang e. So, ibig sabihin, kapag may ganoon tayong to the Gentleman, as you leave the floor.
policy, kapag hinuli iyong domestic workers natin sa Hong The Dep. Majority Leader is recognized.
Kong ay hindi na rin natin poproteksyunan? Ang sasabihin
ng gobyerno natin “E, nag-rally kasi kayo sa Hong Kong.” REP. BONDOC. With the indulgence of our colleague,
E kung nilalapastangan sila doon at dini-discriminate sila we would like to take time out to acknowledge the presence
doon, at porke ba alien sila ay wala na silang karapatang of the guests in the gallery.
mag-rally doon para sabihing “dini-discriminate ninyo
kami, kinakastigo ninyo kami, at ang suweldo namin ay THE DEPUTY SPEAKER (Rep. Aggabao). Please
mababa?” proceed.
THURSDAY, SEPTEMBER 19, 2013 45

REP. BONDOC. They are the members of the REP. ALVAREZ (M.). I believe he was misquoted, Mr.
Community Investigative Support or CIS, an anti-crime and Speaker.
terrorism community involvement and support of ACT-CIS
Party-List, headed by CIS National Capital Region President, REP. TINIO. He was misquoted? So, what was the
Engr. Elmer Ponce Bernardo, and their members. They are correct quote, Mr. Speaker?
the guests of the Honorable Pagdilao.
REP. ALVAREZ (M.). Mr. Speaker, I believe he only
THE DEPUTY SPEAKER (Rep. Aggabao). Will reminded foreign nationals about the conditions of their
the guests of the Honorable Pagdilao please stand to be stay while in the country, Mr. Speaker, particularly tourist
recognized. (Applause) All right, you are welcome to the visitors.
House of Representatives, Ladies and Gentlemen.
Please proceed. REP. TINIO. So, he did not say: “…foreigners have no
business joining these rallies as the act amounts to violating
REP. BONDOC. Mr. Speaker, for his interpellation of the conditions of their stay as tourists.” He did not say
the Sponsor, I move for the recognition of the Representative that?
from the Act Teachers Party-List, the Hon. Antonio L.
Tinio. REP. ALVAREZ (M.). He was misquoted, Mr.
I so move, Mr. Speaker. Speaker.

THE DEPUTY SPEAKER (Rep. Aggabao). Without any REP. TINIO. He was misquoted? May I get the exact
objection, the Honorable Tinio is recognized to interpellate quote then, Mr. Speaker?
the Sponsor.
Please proceed. REP. ALVAREZ (M.). At the moment, Mr. Speaker, the
Bureau of Immigration does not have a copy of the particular
REP. TINIO. Thank you, Mr. Speaker. press statement.
My interpellation will focus as well, on the budget of the
Bureau of Immigration and in particular, on the policy already REP. TINIO. How do we know that he is misquoted if
inquired upon by our colleague, Congressman Colmenares, they do not know the exact quote?
where I would like to pursue some additional points.
First of all, last September 16, according to a news REP. ALVAREZ (M.). Mr. Speaker, the OIC
item that appeared on the INQUIRER.net in a story entitled Commissioner only reminded foreign tourists about the
“Foreigners warned against marching vs pork,” where the Bureau three things or the three conditions of their stay in the country,
of Immigration reportedly issued a statement saying that: which are, of course, tourism—pleasure, business and health,
Mr. Speaker.
…it would arrest and deport foreign tourists
caught joining protest rallies in the country, REP. TINIO. For pleasure, business, and health. Okay,
particularly demonstrations set against the pork I keep hearing, Mr. Speaker, that the young Canadian
barrel scam. student, the 24-year old Canadian student, Kim Chatillon-
xxx Meunier, was arrested and then detained for almost three
“Think twice before joining demonstrations in days in Camp Bagong Diwa because she violated the terms
the country,” the Bureau of Immigration on Monday and conditions of her tourist visa. Mr. Speaker, could I be
warned the foreigners, a few days after it deported provided a copy of the application for visa and any other
a Canadian student arrested last week for joining a document where these so-called terms are written in black
protest rally during President Aquino’s State of the and white?
Nation Address in July.
REP. ALVAREZ (M.). I believe it is in the law, the
Then it quotes the Bureau of Immigration OIC Immigration Act, Mr. Speaker.
Commissioner Siegred Mison as stating the following: “As
we have repeatedly stated, foreigners have no business joining REP. TINIO. Mr. Speaker, my request was, for instance,
these rallies as the act amounts to violating the conditions of anything in black and white on the visa application. If we put
their stay as tourists.” It further states here that “ The bureau ourselves in the shoes of a foreign national, are these terms
has tapped the Philippine National Police to help monitor the and conditions clearly stated, is it very clear that violations
foreigners in such mass actions.” of these terms and conditions could result in the deprivation
So, those are some excerpts which I wanted to read into of one’s liberty, Mr. Speaker?
the Record from the news report. Will the Sponsor confirm
that these statements were in fact issued by the Bureau of REP. ALVAREZ (M.). Mr. Speaker, I believe this
Immigration and that the quote from the OIC Commissioner particular person was admitted without a visa in the country
is in fact accurate? or visa-free, but she was admitted as a tourist.

REP. ALVAREZ (M.). Mr. Speaker, no. REP. TINIO. So, Mr. Speaker, it is not even accurate
to say that she violated the terms and conditions of her visa
REP. TINIO. No? because she had no visa in the first place.
46 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). No, Mr. Speaker, her admission know. Mr. Speaker, if I may, as we all know, international
into the country was as a tourist. law mandates the Philippines to respect and protect the
rights of non-citizens. Hindi po porke dayuhan ay hindi
REP. TINIO. Mr. Speaker, I reiterate—I would like to na kikilalanin ang kanilang mga karapatan. Anu-ano po
see a copy of any written order, document, memo, advisory to ang international rights documents na ito to which we are
foreign nationals applying for entry into this country, clearly a party? We have the Universal Declaration of Human
stating these terms and conditions. Rights, the International Covenant on Civil and Political
Rights, Declaration on the Human Rights of Individuals
REP. ALVAREZ (M.). Mr. Speaker, we can provide… Who are not Nationals of the Country in which they Live.
If I may just go to that last one, the Declaration of Human
REP. TINIO. Mr. Speaker, my point here is, if a foreign Rights of Individuals Who are not Nationals of the Country
national is going to be deprived of his or her liberty on the in which they Live was adopted by UN General Assembly
basis of violations of so-called terms and conditions of entry, Resolution No. 40/144 on 13 December 1985, and Article
then these better be in black and white. Alam ninyo po, ako, 5(1)(a) therein states:
halimbawa, ay bumibisita sa Singapore as well as Malaysia
at nakikita ko sa debarkation documents nila, it clearly 1. Aliens shall enjoy, in accordance with
stated therein that drug dealers will be prosecuted and the domestic law and subject to the relevant international
penalty is death. Malinaw na malinaw po iyon doon. Kapag obligations of the State in which they are present, in
pinag-uusapan po natin iyong kalayaan o buhay ng isang particular the following rights:
indibidwal, kailangang malinaw iyon. Kaya gusto ko pong (a) The right to life and security of persons;
malaman kung malinaw ba para sa isang dayuhang katulad no alien shall be subjected to arbitrary arrest or
ni Kim Chatillon-Meunier na bumisita dito na maaari pala detention; no alien shall be deprived on his or her
siyang makulong dahil sa nag-obserba siya sa rally noong liberty except on such grounds and in accordance
SONA. Saan po nakasulat iyon, Mr. Speaker? with such procedures as are established by law;

REP. ALVAREZ (M.). Mr. Speaker, we can happily My colleague, Congressman Colmenares already
provide the Representative from the Act Teachers Party-List established that, upon a reading of the Immigration Act of
with all the documents regarding tourist visas, all the rules 1940, a warrant was necessary in order to effect the arrest
and regulations. With this case, Mr. Speaker, I believe it is of this Canadian citizen, and the OIC Commissioner has
about time that, since we have these kinds of problems, we in already admitted that there was no warrant but only a charge
Congress actually amend the law which is being questioned sheet, Mr. Speaker. So, doon pa lang, kitang-kitang violation
right now. na po ito.
Further, Article 5(2)(a)(b)(c) of this Declaration says:
REP. TINIO. Well, I want to see right now these
documents that are being promised. Gusto ko pong makita 2. Subject to such restrictions as are prescribed
ang mga ito ngayon because they will form the bases of my by law and which are necessary in a democratic
further interpellation, Mr. Speaker. society to protect national security, public safety,
public order, public health or morals or the rights
REP. ALVAREZ (M.). At the moment, Mr. Speaker, we and freedoms of others, and which are consistent
have the documents on this particular case or the… with the other rights recognized in the relevant
international instruments and those set forth in
REP. TINIO. I did not ask for documents on this this Declaration, aliens shall enjoy the following
particular case. I asked for the written policy on which rights:
the deprivation of liberty of this particular individual, this (a) The right to leave the country;
Canadian citizen who is no longer even in this country, was (b) The right to freedom of expression;
based upon. Iyon po ang gusto kong makita, kung ano iyong (c) The right to peaceful assembly;
nakasulat.
On all those three counts: a, b, and c, the rights of
REP. ALVAREZ (M.). We have the charge sheet, Mr. Kim Chatillon-Meunier were violated. She was not able to
Speaker. leave when she desired. She wanted to leave on the 13th of
September but she was allowed to leave, Monday, on the
REP. TINIO. I was not asking for the charge sheet, Mr. 16th. On her right to freedom of expression, she was, in fact,
Speaker. as she said, merely observing and was not even an active
participant in the rally. That is also her right—the right to
REP. ALVAREZ (M.). On the conditions of stay of any peaceful assembly—as I said.
foreigner, Mr. Speaker, at the moment, this list is not yet with Was she actually charged with violation of any laws,
the Bureau of Immigration. We can furnish this to the office including Batas Pambansa No. 880 which is the law that
of the Honorable Tinio, Mr. Speaker. applies in this instance? Mayroon po bang charge? Na-
charge ba siya for violating Batas Pambansa No. 880, Mr.
REP. TINIO. Well, I require it now because, you know, Speaker?
as I said, what is at stake here, Mr. Speaker, is that we are
talking about basic and supposedly universal rights, you REP. ALVAREZ (M.). No, Mr. Speaker.
THURSDAY, SEPTEMBER 19, 2013 47

REP. TINIO. Wala po. That is why, Mr. Speaker—since REP. ALVAREZ (M.). Mr. Speaker, thank you very
the whole case of the Bureau of Immigration seems to hinge much. I would like to thank my distinct colleague from the Act
on the terms and conditions of the visa or whatever it is pero Teachers Party-List. With this particular case, and in order to
ang sabi e wala nga daw visa—I want to see these terms and avoid any future similar cases, I believe the Department will
conditions in black and white. Nasaan na po iyon? issue distinct guidelines as to how the treatment of this kind
As I said, this is for the sake of all other tourists who wish of cases will be dealt with in the future, with due recognition
to come in. As I understand it, this government considers the for human rights, within a month, Mr. Speaker.
promotion of tourism to be one of its priorities in terms of
economic development: “it is more fun in the Philippines” REP. TINIO. With the assurance, Mr. Speaker, that clear
daw. How can it be more fun if mere participation in a rally, an guidelines respecting the universal human rights and existing
exercise of free expression and the right to peaceful assembly, international laws pertaining to the rights of foreigners,
will land you in Bicutan, Mr. Speaker, na wala man lang foreign nationals in our own country, will be issued by the
nakasulat in black and white? Mabuti sana at tatanggapin ko DOJ and the BI within a month, I am satisfied and I terminate
pa, Mr. Speaker, kung sa application for visa ay malinaw na my interpellation.
nakasulat doon para alam ng lahat ng foreigners na “You are Thank you, Mr. Speaker.
prohibited from joining rallies. Violation of this will lead to
detention or deportation.” Mayroon po bang ganoon? THE DEPUTY SPEAKER (Rep. Aggabao). Thank you.

REP. ALVAREZ (M.). Mr. Speaker, we recognize the REP. ALVAREZ (M.). Thank you, Mr. Speaker.
valid points being raised by the Gentleman from the Act
Teachers Party-List. The Department of Justice, together THE DEPUTY SPEAKER (Rep. Aggabao). The
with the Bureau of Immigration, is willing to reassess their Honorable Tinio has yielded the floor.
interpretation of Commonwealth Act No. 613 which is the The Dep. Majority Leader is recognized.
basis for this particular case, Mr. Speaker.
REP. BONDOC. Mr. Speaker, at this juncture, I move
REP. TINIO. Well, Mr. Speaker, I think that, given what has for the recognition of the Representative of the Party-List
already been established here, in the absence of clearly written Kabataan, the Hon. Terry L. Ridon, for his interpellation.
guidelines limiting the discretion of the Commissioner, and given I so move, Mr. Speaker.
that I have not yet been provided with some of the information
that I have requested in order to pursue this interpellation, I THE DEPUTY SPEAKER (Rep. Aggabao). Without
respectfully move that we defer the consideration of the budget objection, the Gentleman from the Party-List Kabataan, the
of the Bureau of Immigration. Honorable Ridon, is recognized for his interpellation.

SUSPENSION OF SESSION REP. RIDON. I just have a few questions, Mr. Speaker,
distinguished colleague, on the status of the filing of cases
THE DEPUTY SPEAKER (Rep. Aggabao). The Chair with respect to the PDAF scam involving Janet Lim-Napoles
motu proprio declares the suspension of the session. and particular Senators or former Senators and particular
Congressmen or former Congressmen.
It was 5:31 p.m.
THE DEPUTY SPEAKER (Rep. Aggabao). Please
RESUMPTION OF SESSION proceed, Mr. Speaker.

At 5:37 p.m., the session was resumed. REP. RIDON. Mr. Speaker, distinguished colleague,
may we know if in the next few weeks there will be other
THE DEPUTY SPEAKER (Rep. Aggabao). The session cases that will be filed in court or in the Sandiganbayan with
is resumed. respect to other Members of Congress?
The Dep. Majority Leader is recognized.
REP. ALVAREZ (M.). Mr. Speaker, there are no cases
REP. BONDOC. Mr. Speaker, our parliamentary status is yet ripe to be filed in court but only in the Office of the
that we are in the period of interpellation on the budgets of the Ombudsman, Mr. Speaker.
Department of Justice and its attached agencies. Once again,
the Honorable Tinio is recognized for his interpellation. REP. RIDON. It will be filed in the Office of the Ombudsman,
I so move, Mr. Speaker. Mr. Speaker, distinguished colleague. Is that correct?

THE DEPUTY SPEAKER (Rep. Aggabao). Without REP. ALVAREZ (M.). Yes, in the Office of the
objection, the Honorable Tinio is recognized to continue his Ombudsman, Mr. Speaker.
interpellation. Please proceed.
REP. RIDON. Mr. Speaker, distinguished colleague,
REP. TINIO. Mr. Speaker, for the moment, I withdraw we had been furnished information that it will probably take
my earlier motion to defer the consideration of the budget of almost a year for the Office of the Ombudsman to decide
the Bureau of Immigration. However, a manifestation from whether or not there exists probable cause. Is that correct,
the Sponsor appears to be in order. Mr. Speaker, distinguished colleague?
48 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). We are not competent to respond REP. ALVAREZ (M.). Bank accounts and other
to that query, Mr. Speaker, because it is within the purview properties, Mr. Speaker. Of course, this is still subject to
of the Office of the Ombudsman. study by the Department at the moment.

REP. RIDON. Thank you for the reply, Mr. Speaker, REP. RIDON. Is it correct that—well, I am asking
distinguished colleague. more of the particular things or properties that can be
Well, my next question really pertains to whether or not subject to that. Generally speaking, what are the kinds of
this is the only remedy for the people with respect to exacting properties which can be subjected to freezing and forfeiture
accountability against the erring Senators, Congressmen and under the civil forfeiture rules, Mr. Speaker, distinguished
private persons. Are there other existing alternatives within colleague?
which we can exact accountability from all of these personalities
involved, Mr. Speaker, distinguished colleague? REP. ALVAREZ (M.). Mr. Speaker, as stated earlier, this
is still being explored by the Department in coordination later
REP. ALVAREZ (M.). There are various modes of going on with the AMLC.
after these public officials, it may be legal or political, Mr.
Speaker, but as to the DOJ, this is the only mode that they REP. RIDON. Mr. Speaker, distinguished colleague,
will pursue at the moment, the legal mode, specifically this is more for the information of this Representation and,
criminal cases. perhaps, for the education of the entire Body. I think, under
the Office of the Solicitor General, it is reposed upon the
REP. RIDON. Is civil forfeiture, Mr. Speaker, Office of the Solicitor General this power to enforce civil
distinguished colleague, a mode that is being explored by our forfeiture proceedings. So, I think it is well within the
executive agencies, perhaps maybe the Department of Justice jurisdiction and knowledge of the Solicitor General with
through the AMLC or the Office of the Solicitor General? respect to which kinds of properties, generally speaking, can
be subject to freezing and forfeiture proceedings.
REP. ALVAREZ (M.). Yes, Mr. Speaker.
REP. ALVAREZ (M.). Theoretically, as a matter
REP. RIDON. This is being explored. Is that correct, Mr. of principle, Mr. Speaker, all kinds of properties can be
Speaker, distinguished colleague? forfeited.

REP. ALVAREZ (M.). Yes, this is being explored by the REP. RIDON. All kinds of properties?
Department, Mr. Speaker.
REP. ALVAREZ (M.). If found to be proceeds of this
REP. RIDON. Is it also being explored whether or not a offense, Mr. Speaker, can be forfeited.
freeze order may be requested by the Office of the Solicitor
General through the AMLC? Is this being explored, Mr. REP. RIDON. Proceeds of the offense can be subject
Speaker, distinguished colleague? to freezing and civil forfeiture. Is that correct, Mr. Speaker,
distinguished colleague?
REP. ALVAREZ (M.). That is also being explored, Mr.
Speaker. REP. ALVAREZ (M.). Yes, Mr. Speaker.

REP. RIDON. Can we, therefore, secure a commitment REP. RIDON. Mr. Speaker, distinguished colleague,
from the executive agencies with respect to exacting my next question would pertain to whether or not the public
accountability from all those involved in this scandal that would have to wait for a criminal conviction prior to a
it will not simply be a criminal proceeding but also a civil complaint for freezing and forfeiture to be undertaken. Should
proceeding, particularly the freezing and sequestration of we wait for a criminal conviction, Mr. Speaker, distinguished
the assets of all those involved, Mr. Speaker, distinguished colleague?
colleague?
REP. ALVAREZ (M.). Just prima facie, Mr. Speaker.
REP. ALVAREZ (M.). As far as it is practicable and
warranted, Mr. Speaker, yes. REP. RIDON. Kindly repeat the answer, Mr. Speaker.
I did not get it.
REP. RIDON. May we know, with respect to the civil
forfeiture or the freezing of assets, Mr. Speaker, distinguished REP. ALVAREZ (M.). If there is a prima facie showing
colleague, what kinds of assets can be subject to freezing of an offense, that there is a predicate offense, the proceedings
and forfeiture? can go on, Mr. Speaker.

REP. ALVAREZ (M.). Bank accounts and other REP. RIDON. The proceedings regardless of—sorry, Mr.
properties, Mr. Speaker. Speaker. So, independent of the criminal complaint, freezing
and civil forfeiture proceedings can be undertaken. Is that
REP. RIDON. Kindly repeat it, Mr. Speaker, distinguished correct, Mr. Speaker, distinguished colleague?
colleague.
REP. ALVAREZ (M.). Yes, Mr. Speaker.
THURSDAY, SEPTEMBER 19, 2013 49

REP. RIDON. So, thank you for the information, Mr. REP. ALVAREZ (M.). Yes, Mr. Speaker, there is an
Speaker, distinguished colleague. It is this Representation’s Office for Competition in the DOJ.
position that the government should undertake an
all-encompassing procedure with respect to exacting REP. TY. Should somebody need to file a case or ask
accountability from all those involved in the PDAF scam. for a legal opinion on this, or is it motu proprio and the
We cannot allow ourselves merely or to content ourselves DOJ can now start to investigate if this act or this merger is
merely to filing a criminal complaint with the Ombudsman legal? Ninety percent of our industry, the LPG industry, will
and the Sandiganbayan. I think all efforts of the government be controlled by two companies. I do not think that we can
ought to be made particularly now with respect to freezing protect our consumers if that happens.
and forfeiture proceedings within our civil courts. So, that
is all, Mr. Speaker, distinguished colleague. REP. ALVAREZ (M.). Mr. Speaker, the DOJ motu proprio can
Thank you very much. actually investigate this, the Office for Competition in particular.

THE DEPUTY SPEAKER (Rep. Aggabao). Thank you. REP. TY. So by just asking now, will this trigger an
The Dep. Majority Leader is recognized. investigation, or should I need to file it in the Office for
Competition?
REP. BONDOC. Mr. Speaker, for his interpellation of
the Sponsor of this Department’s budget, we move for the REP. ALVAREZ (M.). I believe it is a better option if my
recognition of the Hon. Arnel U. Ty, Representative of the distinguished colleague will file a complaint with the Office
Party-List LPGMA. for Competition, Mr. Speaker.
I so move, Mr. Speaker.
REP. TY. Okay. Thank you for the answer. Thank you,
THE DEPUTY SPEAKER (Rep. Aggabao). Without Mr. Speaker. That is my only question.
objection, the Hon. Arnel U. Ty is recognized to interpellate
the Sponsor. REP. ALVAREZ (M.). Thank you, Mr. Speaker.
Please proceed, Gentleman.
THE DEPUTY SPEAKER (Rep. Aggabao). Thank you,
REP. TY. Thank you, Mr. Speaker. Mr. Speaker. The Honorable Ty has yielded the floor.
Good afternoon, Mr. Speaker, distinguished Sponsor. The Dep. Majority Leader is recognized.
There is a looming monopoly in the LPG industry right
now and one or two existing companies are trying to buy out REP. BONDOC. Mr. Speaker, it is our distinct honor to
competitors. My question is, when two companies control 90 acknowledge the presence of guests in the gallery. They are
percent of the industry, will that not violate the law? Can the the guests of the honorable Deputy Speaker Carlos M. Padilla:
DOJ give me an answer if this act violates a law? the provincial officials of the province of Nueva Vizcaya
headed by their Governor, the Hon. Ruth Padilla, along with
REP. ALVAREZ (M.). It might be violative of the Anti- Board members: Mr. Efren Quiben, Ms. Merlie Talingdan,
Trust Law, this combination—this trend in trade—but we Mr. Dominador Dacumos, Mr. Nathaniel Turqueza, Engr.
need to be specific about a particular case, Mr. Speaker. Geoffrey Magday, Ms. Virginia Iglesias, Ms. Eilyn Dacuycuy,
Ms. Edralyn Gabrillo and Ms. Lagrimas Batoon.
REP. TY. Well, the LPG industry is now deregulated.
Under our Anti-Trust Law, I believe that there is no provision THE DEPUTY SPEAKER (Rep. Aggabao). Will the
that when companies merge, the merger will cause a violation guests of the honorable Deputy Speaker Padilla headed
of the Anti-Trust Law, our local Anti-Trust Law. So, what can by the good Governor please rise to be acknowledged.
the DOJ do to stop this merger? (Applause) Thank you and you are welcome to the House
of Representatives. Thank you.
REP. ALVAREZ (M.). Mr. Speaker, the Department would The Dep. Majority Leader is recognized.
like to know if this is a particular case now pending with them
so that—is the question of my distinguished colleague related to REP. BONDOC. Mr. Speaker, at this juncture, for
a particular case pending in the Department, Mr. Speaker? his interpellation on the budget of this Department, may
we recognize our distinguished Minority Leader, the
REP. TY. Can the DOJ give a legal opinion when it comes Representative from the Lone District of San Juan, the Hon.
to this transaction? Ronaldo B. Zamora.
I so move, Mr. Speaker.
REP. ALVAREZ (M.). Mr. Speaker, if this is a case
pending with the Department, it may be inappropriate THE DEPUTY SPEAKER (Rep. Aggabao). Without
for the Sponsor to answer such particular question. If my objection, the distinguished Minority Leader is recognized.
distinguished colleague has a few questions and is in need of Please proceed.
the opinion of the Department, I believe that they will issue
an opinion on such matter. REP. ZAMORA (R.). Thank you, Mr. Speaker, and thank
you, Mr. Dep. Majority Leader.
REP. TY. Should somebody need to file it in the Office for I wonder, Mr. Speaker, if our distinguished colleague
Competition? I believe the DOJ has an Office for Competition. from Negros will entertain just a few questions.
50 THURSDAY, SEPTEMBER 19 , 2013

REP. ALVAREZ (M.). Yes, Mr. Speaker. he is rich or poor; whether he is powerful or powerless, that
he can make it in a country like ours.
REP. ZAMORA (R.). Thank you, distinguished Distinguished colleague, I am bothering you at the end
colleague. of a long day, and for yourself, difficult though to take, you
Thank you, Mr. Speaker. are much younger than many of us, but you have acquitted
Mr. Speaker, there are days and there are days—days yourself very well in your defense of your budget.
when sometimes you wonder whether you should continue I have a few questions regarding justice. I would like you
to be optimistic about our own country, and days when you to think about them and to explain to me and to many others
wonder whether you should be even more pessimistic. In who are in this room. How did the Department of Justice
earlier interpellations, I had talked about how the Philippines view these questions?
is, in fact, a young, a vibrant, an intelligent economy with The first is something that bothered me yesterday, and
young, vibrant and intelligent people. I talked about how what was that? The Ombudsman had said that she may take
even we in the Minority are prepared to accept that in the —what is it, a year?—in order to decide on whether or not to
last seven quarters, there had been the kind of sustained file a case before the Sandiganbayan for the prosecution of
economic growth that is exactly what we need to make sure certain individuals, certain legislators, for this scam that all of
that we escape from the chains of continuing poverty in our us are so familiar with by now. I wonder if my distinguished
country. There are also days when we think there is almost colleague read that statement, did she?
no escape. Why? Even our own government statisticians
would tell us that since 2006 until now, we have made no REP. ALVAREZ (M.). Mr. Speaker, yes, I overheard over
appreciable difference in the number of poor people in the the news the statement from the Office of the Ombudsman,
Philippines, in the incidence of poverty in the Philippines, in Mr. Speaker.
our continuing failure to provide the kind of quality of life
that would tell so many Filipinos “Now, we have a chance REP. ZAMORA (R.). Well, I was bothered because I
in life. Now, you have a chance to educate your children. was asked, as many lawyers had been asked, I am certain
Now, you have a chance to show that there is a much better what I thought about the statement. Did I really think about
life ahead.” the question: When? Did I think that the Ombudsman would
In past interventions, I had talked about how generations take a year to decide? Keep in mind, distinguished colleague,
failed to do what other generations in so many neighboring Mr. Speaker, this is not a complaint by a private individual,
countries have been able to do. I have cited, distinguished an unlettered individual. This is a complaint brought up by
colleague, Mr. Speaker, China, Japan, Taiwan, South Korea, the Department of Justice, exactly the department that you
even Vietnam and Thailand. The list keeps growing and are now defending. Did not the Department of Justice go
growing and now, we are competing for the lower places through this with more than just a little effort, distinguished
in our rank in terms of our economic performance. I had colleague, Mr. Speaker? Did it not?
mentioned that we are still better off than Timor-Leste, than
Cambodia, and than Lao PDR, but that is not the point, REP. ALVAREZ (M.). Mr. Speaker, I believe they
distinguished colleague, Mr. Speaker. The point is, we really have given all their efforts towards this complaint but we
have to do something—do we not—about how we view our are not competent to answer whether or not the Office of
country and what we must do about it, and this whole exercise the Ombudsman can expedite the evaluation of the said
of passing the budget, this is exactly what we should be doing complaint, Mr. Speaker.
right now. Is it not, distinguished colleague, Mr. Speaker? I
have been reading a few books about justice. There is a book, REP. ZAMORA (R.). No, I am not asking you that yet,
distinguished colleague, that I will recommend to you. It is distinguished colleague, Mr. Speaker. All I am asking is, did
called A Theory of Justice and it is written by John Rawls, and the Department of Justice do its work? I presume it did.
his idea is a simple one: It is justice as fairness. It is not justice
as punishment; it is not justice as retribution. It is justice REP. ALVAREZ (M.). Yes, of course, Mr. Speaker.
as fairness—the idea that we should be promoting equal
distribution of benefits and burdens among all individuals; REP. ZAMORA (R.). Did it go through this after a
the idea that if we are to have a truly functioning society, then day, a couple of days? No, it did not. In fact, it spent a
justice is the true order of that functioning society. month, a couple of months interviewing, deciding on what
In short, distinguished colleague, give the poor guy a testimonies to secure from whistleblowers. Are not these
break. Give the poor a chance to say the first time possibly, whistleblowers enough? Are not they, in fact, quite many?
“I am equal to the rich, I am equal to the powerful. I can In short, distinguished colleague, Mr. Speaker, what bothers
say what he says, and I can do what he does.” We have had me is that we are not going to review with the Ombudsman a
presidents who have said this; we have had the president new case. We are not asking her to produce new evidence. We
who said, “Why do not we give the poor who have less in are asking her to review the work of a competent government
life, a little more in law.” Why do not we make sure that agency that assigned a whole lot of people to do what exactly
this is true and certain, that the law is not and cannot be the it is supposed to do as a government agency—to determine
playground and the plaything of the rich and the powerful. whether at this point there is probable cause. Distinguished
Why do I say this, distinguished colleague? Because in the colleague, Mr. Speaker, we are lawyers, both of us. What
end, it is not enough to have a rich society. It is not enough does probable cause mean? Does it not mean that you have a
to have an aspirational society It is enough that we have a confluence of just two elements? What are these elements—
society where everybody feels that he can make it, whether one, whether a crime has been committed; and two, whether
THURSDAY, SEPTEMBER 19, 2013 51

the respondents probably committed that crime or not. That time, prepared to ask possibly the same questions when we
is correct, is it not, distinguished colleague, Mr. Speaker? come to the budget of the Ombudsman and when we come to
the budget of Judiciary. There are many points that I will make
REP. ALVAREZ (M.). Yes, Mr. Speaker. at those times and I intend to make them clearly, forcefully
and with the determination that in the end, we serve justice
REP. ZAMORA (R.). Yes, of course, because when I was if we ask the right questions and if, like you, our Sponsors
taught by my professors in law school, I thought that at this will give us the right answers.
particular stage, you do not have to prove anybody’s innocence Mr. Speaker, distinguished colleague, I am grateful to
or guilt beyond reasonable doubt. All you have to do is try to you for giving me this opportunity. Mr. Speaker, I have no
establish probable cause and probable cause had been defined further questions for the Department of Justice and, therefore,
in hundreds, in thousands, in fact, in hundreds of thousands of acknowledging that no one else in the Minority will be asking
cases in the Philippines and, therefore, distinguished colleague, any further questions about the budget of the Department
Mr. Speaker, are we doing the right thing about the dispensation of Justice, may I now move that we terminate the period of
of justice when we have an Ombudsman who says that she is interpellation and debate on the budget of the Department of
going to take one year to review a case that has already been Justice, and I ask the Majority to join me in this motion.
established by a competent government agency, the budget of Thank you, Mr. Speaker.
which you are now defending? Is that correct, distinguished
colleague, Mr. Speaker? REP. ALVAREZ (M.). Thank you, Mr. Speaker.

REP. ALVAREZ (M.). I agree with you, Mr. Minority THE DEPUTY SPEAKER (Rep. Aggabao). The
Leader. I agree one year is long enough. It is actually quite a distinguished Minority Leader has terminated his interpellation
long time because I believe that the DOJ has fully … and has moved for the termination of the period of interpellation
and debate on the Department of Justice budget.
REP. ZAMORA (R.). Distinguished colleague, Mr.
Speaker, I had read that there is supposed to be an inter- REP. BONDOC. There being no further interpellants in
agency committee or commission or agency where the behalf of the Majority, we second the motion of the honorable
Secretary of Justice is involved, where the Chairman of the Minority Leader and so move for the termination of the period
Commission on Audit is involved, where the Ombudsman of interpellation and debate on the budget of the Department
is supposed to be a chairman. In fact, the newspaper said, of Justice and its attached agencies.
“designated them as the three avenging Marias.” I so move, Mr. Speaker.

REP. ALVAREZ (M.). Mr. Speaker, I would like to THE DEPUTY SPEAKER (Rep. Aggabao). Without
clarify—the Department would like to clarify that what was any objection, the motion of the Minority Leader, having
undertaken by the Department, within the NBI, was a mere been concurred in by the Majority Leader, the period for
fact-finding investigation. It is incumbent upon the Office of interpellation and debate on the budget of the Department of
the Ombudsman to conduct a preliminary investigation, of Justice and its attached agencies is terminated. Congratulations
course, in order to determine probable cause. to the Department of Justice.

REP. ZAMORA (R.). Yes, of course, I understand that, REP. BONDOC. Mr. Speaker.
Mr. Speaker, distinguished colleague, but every step that is
needed to establish probable cause has already been defined. THE DEPUTY SPEAKER (Rep. Aggabao). The Dep.
Is it not now time for us to say, “We will finish this before Majority Leader is recognized.
Christmas and give the Filipino people the best Christmas
gift of all which is a renewed sense of justice in this country.” SUPENSION OF CONSIDERATION
Is it not that exactly what should be done? OF H.B. NO. 2630

REP. ALVAREZ (M.). I agree with you, Mr. Speaker. REP. BONDOC. Mr. Speaker, I move that we suspend
the consideration of House Bill No. 2630.
REP. ZAMORA (R.). The point is very simple, Mr. I so move, Mr. Speaker.
Speaker, distinguished colleague, and I make it not just for
you or for me. The point is that we must reestablish the faith THE DEPUTY SPEAKER (Rep. Aggabao). Is there
of our people in our system of dispensing justice. any objection? (Silence) The Chair hears none; the motion
I have always thought that in the end, this is far more is approved.
important than trying to determine statistics about conviction The consideration of House Bill No. 2630 is hereby
rates or about the number of people that are supposed to be suspended.
incarcerated. No, we are supposed to be a policy-determining The Dep. Majority Leader is recognized.
body in the House of Representatives. We have exactly the
kind of Constitution that tells us what we are supposed to do SUSPENSION OF SESSION
and in the end, we should be judged according to whether we
perform by those standards and in those lights. REP. BONDOC. Mr. Speaker, we move to suspend
Mr. Speaker, distinguished colleague, I will not, as I said, session until ten o’clock tomorrow morning.
burden you with too many details. I am, at the appropriate I so move, Mr. Speaker.
52 THURSDAY, SEPTEMBER 19 , 2013

THE DEPUTY SPEAKER (Rep. Aggabao). A short THE DEPUTY SPEAKER (Rep. Aggabao). I am sorry,
day today, the session is suspended until ten o’clock in the September 20.
morning of October 20. The session is suspended.

REP. BONDOC. September, Mr. Speaker. It was 6:16 p.m.

Published by the Publication and Editorial Service, Plenary Affairs Bureau

The Congressional Record can be accessed through the Downloads Center of the official website
of the House of Representatives at www.congress.gov.ph
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