REPUBLIC OF THE PHILIPPINES

Sena"te
Pasay City
Journal
SESSION NO. 22
Wednesday, September 21,2011
FIFTEENTH CONGRESS
SECOND REGULAR SESSION
SESSION NO. 22
Wednesday, September21, 2011
CALL TO ORDER
At 3:29 p.m., tbe Senate President, Hon. Juan
Ponce EI1I'ile, called the session to order.
PRAYER
Sen. Joker P. Arroyo read the following devotional
prayers, to wit:
Lord, give us wisdom to discern
When what is false must be revealed
Or if we need Your grace and strength
To close our lips and keep them sealed.
- D, De Haan
Help us, Lord, to work together
With the gifts that You bestow:
Give us unity of purpose
A .. \' we serve You here helow.
- Sper
Amen,
ROLL CALL
Upon direction of the Chair, the Secretary of the
Senate, Atty. Emma Lirio-Reyes, called the roll, to
which the following senators responded:
Angara, E. J.
Arroyo, J. P.
Cayetano, P. S.
Defensor Santiago, M.
Drilon, F. M.
Ejercito Estrada, J.
Enrile, J. P.
Guingona lll, T. L.
Honasan, G. B.
Lacson, P. M.
Legarda, L.
Marcos Jr., F. R.
Pangilinan, F. N.
Pimentel lll, A. L.
Recto, R. G.
Revilla Jr., R. B.
Sotto lll, V. C,
Trillanes IV, A. F.
Villar, M.
With 19 senators present, the Chair declared
the presence of a quorum.
Senators Cayetano (Al, Escudero, Lapid and
Osmefia arrived after the roll call.
DEFERMENT OF THE APPROVAL
OF THE JOURNAL
Upon motion of Senator Sotto, there being no
objection, the Body deferred the consideration and
approval ofthe Journal of Session No. 21 (September
20,2011) to a later hour.
ACKNOWLEDGMENT
OF THE PRESENCE OF GUESTS
At this juncture, Senator Satta acknowledged the
presence in the gallery of the following guests:
Jtf
356
Linda Mitrovich and Daniel Stephen
Mitrovich;
2'''' year Accountancy students from
Holy Angel University, Angeles City,
Pampanga; and
Mayor Lorna Mae Balunes-Vero and
Vice Mayor Ronnie Roy Pascual of
Lianera, Nueva Ecija,
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the session was
suspended to allow Senate President Enrile to present
Senate Resolution No, 63, authored by Senator
Pangilinan, to Fr, Pierre Tritz, SJ,
It was 3:32 P,/I1,
RESUMPTION OF SESSION
At 3:37 p,m" the session was resumed,
PRIVILEGE SPEECH
OF SENATOR EJERCITO ESTRADA
Availing himself of the privilege hour, Senator
Ejercito Estrada called the Body's attention to the
continued violation by Altimax Broadcasting Inc,
(Altimax) of its legislative franchise granted by
Congress,
The following is the full lext of his speech:
THE ALTIMAX STORY:
A Case of Illegal Trading of Radio Frequencies
Altimax was granted by the National Tele-
communications Commission (NTC) provisional
authorities to install, operate and maintain a
nationwide Direct Broadcast Satell ite (DBS)
service and a Multichannel Multipoint Distribu-
tion System (MMDS), both on December 29,
2000, valid until June 29, 2002, On March 18,
2003, said provisional authorities were extended
for three years up to June 29, 2005,
Republic Act No, 8607, the Act granting
Altimax its franchise to construct, install, estab-
lish, operate and maintain radio and television
broadcasting stations in the Philippines, was
approved on March 27, 1998,
RA 8607 provides for celtain conditions for
compliance and they are as follows:
I. Commence operations within one year from
WEDNESDAY, SEPTEMBER 21. 2011
the approval of its permit by the National
Telecommunications Commission;
2, Operate continuously for two years; and
3. Commence operations within three years trom
the effectivity of the Act
Note that under the law, all three of these
conditions must be met, otherwise, the law
clearly provides that Altimax's franchise is
rendered revoked ipso [acto, which, literally
translated, means revoked "by the fact itself."
To this very day, Altimax has not complied
with anyone of these conditions, Not one, and
that is a fact
In 2008, or ten long years after the approval
of Altimax's franchise, the NTC-NCR conducted
an inspection of the facilities of Altimax and
found that the facilities supposedly located in
Sampaloc, Manila were simply non-existent
But strangely, in its orders dated June 23,
2009 and August 14, 2009, the NTC even
extended the Provisional Authorities of Altimax
for its MMDS and DBS services, respectively,
up to June 29, 2012, This is despite the clear,
uncontroverted fact that Altimax has failed to
roll out its MMDS and DBS services for over
a decade and that the franchise of Altimax,
by its very terms, had long been ipso [acto
revoked, How can the NTC lawfully grant or
extend the Provisional Authorities of an entity
that legally has lost its congressional franchise?
Certainly the NTC does not have the power to
grant a new franchise to Altimax, Only Congress
has that power.
But that is not aiL This anomalous situation
continues and, in fact, has grown worse!
Apart from scoffing at the conditions for the
validity of its congressional franchise, Allimax
has unilaterally leased its assigned frequencies
to third parties for purposes other than those
specified in its franchise, According to its
audited financial statements for 2009 and 20 I 0,
Altimax entered into a Memorandum of Agree-
ment with a company called Innove Communica-
tions, Inc, (Innove) wherein Altimax earned
between P70 million and P90 million for the years
2009 and 2010, respectively, By this illegal
arrangement, Innove has already deployed over
95 transmitters nationwide for the provision
of WIMAX services to Innove customers, This
arrangement is a flagrant violation of the
conditions of the franchise of Altimax, which
specifically prohibits the assignment or lease
of its rights and privileges acquired under the
said franchise,
WEDNESD/\ Y. SEPTEMBER 2 L 20 II
By leasing its bandwidth to In nove, Altimax
has arrogated unto itself the very authority
vested in the Congress of the Philippines.
Binastos pa ng Altimax ang buang proseso.
Binastos po tayong lahat ng Altimax. Tayong
lahat at ang bawot Pilipino.
By entering into an illegal arrangement with
Altimax, Innove has circumvented the procedure
establ ished by the NTC for the appl ication and
grant of additional radio frequencies. Further-
more, Innove has been able to use the Altimax
frequencies even if such frequencies were
supposedly granted (0 provide MMDS service
only - and that excludes WIMAX service.
What is worse is that Altimax. which has
clearly failed to perform its franchise obligations,
has been allowed to derive substantial revenues
solely from the illegal lease of its allocated
bandwidth to Innove.
It is apparent that rrom the beginning, Altimax
never intended to carry out the purported
services for which its franchise was granted by
Congress. But Altimax goes about its business
to this day for purposes that are clearly contrary
to law. Wola na pong ibang pinagkakitaan ang
Altimax maliban sa panlolokong ito.
This is nothing but an absolute affront
to this august Body, to Congress and to the
consuming pUblic. Deep in your heart of hearts,
each of us present here today must find it
difficult to disagree.
Given these simple facts, the following
glaring questions are now before us:
L How can we overlook the terms of the
franchise of Altimax as public utility and
ignore the ipso facto revocation thereof after
having spent the last decade doing nothing
but engaging in illegal transactions for purely
private gain?
2. How can we overlook the terms of the rran-
chise of Altimax and consider as valid its
MOA with Innove, thereby countenancing
these illegal transactions worth over PI60
million?
3. How can we overlook the fact that Altimax,
a company which never even started to roll
out its own operations, has already earned
millions of pesos by essentially subletting
the privi leges granted through its franchise
to Innove?
All of these happened and continue to
subsist right under our very noses.
It behooves LIS, therefore, to look at the
fundamental law of the land for guidance as to
how to proceed in the face of this controversial
and anomalous condition.
Article XII, Section II of the 1987
Constitution states that franchises are granted
under the condition that it shall be subject to
amendment, alteration or repeal by the Congress
when the common good so requires. No less
than that constitutional mandate to protect the
common good requires us today to carefully
review and examine the franchise of Altimax
and its compliance, or shall I say noncompliance
with its terms. We not only have the power to do
so; we are, in fact, compelled by our positive
duty as Members of this august Chamber.
Allow me to further direct your attention to
Section 22 of the same Article XII of the 1987
Constitution, which states that, "Acts which
circumvent or negate any of the provisions of
this Article shall be considered inimical to the
national interest and subject to criminal and civil
actions, as may be provided by law."
The fundamental law of our land and our
duty as legislators call on us to act accordingly
today to correct this anomaly, lest we form part
of the problem. We are all witness to an outright
mockery of the laws which granted the
franchises of Altimax and Innove. Must we all
stand here blind before these facts that have
been undeniably brought before us? Are we, the
very representatives to whom our people look
for guidance, to be held complicit by omission as
these corporations arrogantly trample upon the
clear letter of the law?
The franchise of Altimax itself states that
the radio spectrum is a finite resource that is a
part of the national patrimony and the use
thereof is a privilege conferred upon the grantee
by the State and may be withdrawn anytime,
after due process. It is time for us now as
legislators to go beyond the formulation of
policy and delve into the proper implementation
of the law according to the powers and duties
expressly vested in us by the Constitution.
The violations that I have asked you to
examine with me here today are so crystal clear
and unequivocal that there is no room for any
interpretation other than the fact that Altimax
has no valid congressional franchise and, as
such, should not have been granted provisional
authorities by the National Telecommunications
Commission, and all those who are responsible
for such blatant circumvention of the laws
should be immediately held accountable.
The National Telecommunications Commis-
sion must immediately act to recall the radio
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358
frequencies illegally held by Altimax and to
immediately stop the illegal leasing of Altimax's
allocated radio frequencies to Innove. This the
National Telecommunications Commission
should do unless we allow it to continue to be
a party to these irregularities.
May I end by humbly proposing that this
matter be referred to the proper committee for
purposes not only of investigating, in aid of
legislation, but more importantly, in the exercise
of our oversight functions and our duty to see
to it that the laws we pass are implemented
faithfully and that any violation thereof are dealt
with in accordance with the laws of the land.
INTERPELLATION OF SENATOR SOTTO
At the outset, Senator Satta congratulated
Senator Ejercito Estrada for calling the Chamber's
attention to the issue. He then asked on the detai Is
of the franchise of Altimax Broadcasting. In reply,
Senator Ejercito Estrada adverted to the title of
Republic Act No. 8607, to wit: "AN ACT GRANT-
ING THE ALTIMAX BROADCASTING COMPANY
INCORPORATED A FRANCHISE TO CONS-
TRUCT, INSTALL, ESTABLISH, OPERATE AND
MAINTAIN RADIO AND TELEVISION BROAD-
CASTING STATIONS IN THE PHILIPPINES."
He revealed, however, that since March 1998 when
its franchise was approved by Congress, Altimax
was not able to meet the condition imposed by the
law to start operations within one year after the
grant of franchise, and having failed to comply, its
franchise therefore is considered revoked ipso Jacto.
Senator Satta said that he was glad that he was not
yet then the Chair of the Committee on Public
Services that was tasked to take up and consider
applications for franchises, as he assumed the post
only in July 1998. Senator Ejercito Estrada said
that he was also glad that his father was not the
President at that time.
Replying to flllther queries, Senator Ejercito
Estrada aftirmed that in spite of the fact that Altimax
never started operations, the National Telecommunica-
tions Commission (NTC) proceeded to issue
provisional authorities which were, in fact, extended
for three years up to June 29, 2005.
Senator Sotto stated that he was particularly
interested in the role of Innove which used to be his
internet service provider and to which he issued
monthly checks. Senator Ejercito Estrada revealed
WEDNESDAY. SEPTEMBER 21. 2011
that the Memorandum of Agreement between Altimax
and I,lnove was signed in 2009, generating for Altimax
an income of P70 million to P90 million for two
years, from 2009 to 20 I O.
Upon Senator Sotto's request, Senator Ejercito
Estrada gave assurance that he would secure a copy
from NTC of the MOA between Altimax and Innove
and a copy of the latter's own franchise. At this
point, Senator Sotto proposed that Senator Ejercito
Estrada's speech be referred to the Committee on
Public Services.
Senator Ejercito Estrada explained that the main
issue at hand was the illegal leasing of the radio
frequencies to In nove by Altimax whose franchise
is considered revoked ipso Jacto or by the mere fact
that it has already lost its legislative franchise for
non-operation.
Asked on the identity of the owners of both
Innove and Altimax, Senator Ejercito Estrada said
that he only has a copy of the stockholders'
information on Altimax. Senator Sotto recalled that
when he used to be a subscriber of Innove, he knew
it to be a company attached to Globe Communications.
Senator Ejercito Estrada said that, indeed, it was
common knowledge that Innove was owned by
Globe. Senator Sotto presumed that Innove is an
internet provider while Altimax is a radio and television
broadcasting company.
INQUIRY OF THE CHAIR
Replying to the queries of the Chair, Senator
Ejercito Estrada said that the stockholders of Altimax
were as follows: Bethlehem Holdings; Velarde, Inc.;
Maria Cecilia Cruzabra; Joaquin Teng, Jr.; Maria
Loreto Santos; Jesus Manalastas; and Dennis Abaoil.
He further disclosed that Bethlehem Holdings, which
partly owns Altimax, is owned by Globe, and that
Altimax never operated on its own but instead leased
its frequencies to Innove.
The Chair remarked that the case at hand was
very interesting. Senator Ejercito Estrada agreed, as
he expressed hope that the Committee on Public
Services could immediately conduct a public hearing
on the issue.
INTERPELLATION OF SENATOR OSMENA
Asked by Senator Os men a whether Altimax is
WEDNESDAY. SEPTEMBER 21. 2011
already owned by Innove, Senator Ejercito Estrada
replied in the negative. He reiterated that the
issue at hand is Altimax's noncompliance with any
of the conditions of its that it
should commence operations within one year from
the approval of its permit by NTC; secondly, that
it should operate continuously for two years; and
thirdly, that it should commence operations within
three years from the effectivity of its
should have rendered its legislative franchise revoked
ipso facto.
On whether he was saying that the NTC
conveniently overlooked the conditions imposed in
the legislative franchise of Allimax, Senator Ejercito
Estrada pointed out that NTC did not only overlook
the conditions that were handed down in the franchise
but it even extended Altimax's provisional authorities
up to three years. He said that by virtue of its
franchise, Altimax is supposed to construct, install,
establish, operate and maintain radio and television
stations in the Philippines and, for the purposes of
carrying out its service, it was originally assigned
frequencies in the 2596-2644 band, although this was
replaced with the frequencies 2597-2627 by virtue of
the NTC order dated June 23, 2009.
Asked when the MOA was signed, Senator
Ejercito Estrada replied that the MOA was signed
on October I, 200 I, and the arrangement allows
In nove co-use of specific frequencies of Altimax's
transmission and broadcast equipment for the
rolling out of broadband wireless access to Innove's
subscribers.
Asked whether it would be illegal for Innove to
buy Altimax should it so desire, Senator Ejercito
Estrada stated that nobody could stop Innove from
buying the company, but he maintained that Altimax
did not comply with any of the conditions of its
franchise.
Asked if the NTC extended the franchise
notwithstanding the violations of the conditions of the
franchise, Senator Ejercito Estrada said that Altimax
had already signed a new lease before the NTC
extended the provisional authorities.
On whether it is legal for a franchise holder to
lease its facilities or its assets to another franchisee,
Senator Ejercito Estrada adverted to Section 12 of
RA 8607 which granted the franchise to Altimax,
to wit:
Section 12. Sale, Lease. Transfer, Usufruct,
Etc. - The grantee shall not lease, transfer,
grant the usufruct of, sell nor assign this
franchise or the rights and privileges acquired
thereunder to any person
1
firm, company,
corporation or other commercial or legal entity,
nor merge with any other corporation or entity,
nor shall the controlling interest of the grantee
be transferred, whether as a whole or in parts
and whether simultaneously or contempora-
neously, to any such person, firm, company,
corporation or entity without the prior approval
of the Congress of the Philippines: Provided,
that the foregoing limitation shall not apply to:
(I) Any transfer or issuance of shares of stock
in the implementation of requirement for the
dispersal of the grantee's ownership
pursuant to Section 13 of this Act;
(2) Any transfer or sale of shares of stock to an
investor or investors;
(3) Any issuance of shares of stock to any local
investor pursuant to or in connection with
any increase in the grantee's authorized
capital stock which shall result in the dilution
of the stockholdings of the grantee's then
existing stockholders;
(4) Any combination thereof where such
transfer, sale or issuance is effected in order
to enable the grantee to raise the necessary
capital or financing for the provision of any
of the services authorized by this Act and!
or carry out any of the purposes for which
the grantee has been incorporated or
organized: Provided, further, that any such
transfer, sale or issuance is in accordance
with any applicable constitutional limitation.
Any person or entity to which this franchise
is sold, transferred or assigned shall be
subject to all the same conditions, terms,
restrictions and limitations of this Act.
359
He believed that transferring ownership control
of the company is not allowed without the prior
approval of Congress.
But Senator Osmena recalled that subsequent
franchises granted by Congress included an ipso
facto clause which provides that in the event a
subsequent franchise was issued with a more
advantageous set of conditions, for instance, the
right to transfer shares, the same would automatically
apply to other existing franchises, including the
franchise of Altimax. Senator Ejercito Estrada replied
that he was not familiar with the other franchises
that were issued by Congress after 1998.
..If r
360
Senator Osmefia suggested that the Altimax
issue be studied and he requested an inventory of
all franchises that were granted by Congress to
determine which were still in effect. Senator Ejercito
Estrada suggested that the chair of the Committee
provide the Senate a I ist of franchises granted by
Congress since 1998 that could be cross-checked
with the record of the NTC.
At this point, Senator Drilon expressed his
intention to interpellate on the speech.
SUSPENSION OF SESSION
Upon motion of Senator Satta, the session was
suspended.
II was 4:17 p.m.
RESUMPTION OF SESSION
At 4: 18 p.m., the session was resumed.
SUSPENSION OF THE INTERPELLATIONS
ON THE PRIVILEGE SPEECH
Upon motion of Senator Sotto, there being no
objection, the Body suspended the interpellations on
the privilege speech of Senator Ejercito Estrada.
DEFERMENT
OF THE REFERENCE OF BUSINESS
Upon motion of Senator Sotto, there being no
objection, the Body deferred the Reference of
Business to a later hour.
SPECIAL ORDER
Upon motion of Senator Sotto, there being no
objection, the Body approved the transfer of
Committee Report No. 56 on Senate Bill No. 2965
from the Calendar for Ordinary Business to the
Calendar for Special Orders.
COMMITTEE REPORT NO. 56
ON SENATE BILL NO. 2965
Upon motion of Senator Sotto, there being no
objection, the Body considered, on Second Reading,
Senate Bill No. 2965 (Committee Report No. 56),
entitled:
WEDNESDAY, SEPTEMBER 21, 2011
AN ACT PROTECTING INDIVIDUAL
PERSONAL INFORMA TlON IN
lNFORMA TION AND COMMUNICA-
TIONS SYSTEMS IN THE GOVERN-
MENT AND THE PRIVATE SECTOR,
CREATING FOR THIS PURPOSE A
NATIONAL DATA PROTECTION
COMMISSION, AND FOR OTHER
PURPOSES.
Pursuant to Section 67, Rule XXIII of the Rules
of the Senate, with the permission of the Body, upon
motion of Senator Sotto, only the title of the bill was
read without prejudice to the inseltion of its full text
into the Record of the Senate.
Thereupon, the Chair recognized Senator Angara
for the sponsorship.
MANIFESTATION OF SENATOR SOTTO
Senator Sotto stated that present in the hall were
guests of Senator Angara from the Data Privacy
Group, Mr. Martin Crisostomo, executive director of
the Business Process Association of the Philippines,
and Ms. Angelica Peterson, executive director of the
Australia-New Zealand Chamber of Commerce.
SPONSORSHIP SPEECH
OF SENATOR ANGARA
Senator Angara said that he was pleased and
honored to present to the Body Senate Bill No. 2965,
a measure that wou Id protect the confidential ity and
secrecy of data as well as their transmission in the
Philippines.
Following is the full text of his speech:
UPHOLDING DATA PRIVACY
Electronic devices, transactions and
processes characterize the information age in
which we live.
OUf personal information, pension contribu-
tions, bank accounts, credit card transactions
and medical history are now digitally encoded
and can be accessed at a click of a mouse or a
push of a button. This liberates us from red tape
but also exposes our confidential information to
new dangers, especially to theft and misuse.
Advances in infonnation and communications
technology (ICT) enable businesses and govern-
ments to process, analyze, store and transmit
)/f" r
WEDNESDAY. SEPTEMBER 21. 2011
large amounts of data. This is empower-ing for
services delivery but is also fraught with risk.
In this digital era, information is the currency
of power -- valuable, coveted, but at a very high
risk.
Risks
In the United States, the Verizon RISK
Team, well-known telco in America, together
with the U.S. Secret Service and the Dutch High
Tech Crime Unit, investigated 761 breaches and
examined 3.8 million data records compromised
as a consequence in 2010.
Ninety-six percent of records compromised
were payment card data (Point of Sale, gas
pumps, ATMs etc.). Authentication data, such
as usemames and passwords, accounted for three
percent and personal information, one percent.
Hacking and malware were the major culprits.
The Philippines was one of 22 countries
where data breach occurred in that year,
The good news is that the successful
identification, prosecution, and incarceration of
perpetrators have helped reduce the magnitude
of breaches. From 360.8 million records com-
promised in 2008, this went down to 143.6 million
in 2009, and 3.8 million in 2010, but that is still a
huge volume.
Nevertheless, data breaches are very costly.
Such incidents cost U.S. companies US$204 per
compromised customer record in 2009, or an
average total per-incident cost ofUS$6.75 million.
PrivlIcy vs Security
IBM made an important distinction between
privacy and security. Security is centered on
infrastructure that allows or prohibits access to
data based on authorization through passwords
and encryption. On the other hand, privacy
controls ensure that authenticated users do have
legitimate reason to access specific infonnation.
To illustrate, IBM cited two recent cases.
The first involved doctors and nurses at UCLA
Medical Center who were caught looking
through the medical records of pop star Britney
Spears. The other incident involved U.S. State
Department contractors who scanned the
passport records of presidential candidates,
including that of President Barack Obama.
These incidents were not about hacking
because these people had the appropriate access
requirements. However, they did not need to
know such information, and they only succeeded
in accessing them out of pure curiosity.
This demonstrates the complicated nature of
handling sensitive personal data. We need a
legislative framework aligned with international
standards to safeguard information stored in the
ICT systems of both the government and the
private sector.
Creating a con({ucive business enviromenf
None other than the Information Technology
and Business Process Outsourcing (IT-BPO)
industry has been clamoring for such a framework.
This sunshine industry, IT-BPO, has grown
exponentially, posting almost a threefold growth
in revenues over the last five years - from
US$3.3. billion in 2006 to US$9 billion in 2010.
This was accompanied by massive job genera-
tion of236,000 in 2006 to 525,000 last year.
The Business Processing Association of the
Philippines (BPAP), the umbrella organization of
our IT-BPO companies, believes that the country
can earn as much US$25 billion in revenues, or
about 8.6 percent of gross domestic product, as
well as create 4.5 million direct and indirect jobs,
if the government can foster a conducive
business environment.
The Philippines has received much interest
as a global hub for outsourced services. In
two separate occasions, we topped India-the
industry pioneer-as the contact center of the
world.
Since 2003, the Philippines has consistently
ranked in the Top 10 of the A.T. Kearney Global
Services Location Index (GSLI) on the strength
of our financial attractiveness.
However, we have slipped down the rank-
ings from No.4 in 2005 to NO.9 in 2011. In terms
of business environment, we were at 42
nd
place
out of 50 countries.
The government offers a host of fiscal
incentives, such as tax hoi idays and other tax
and duty exemptions, but that is not all that
matters. The industry also needs an environment
that encourages business and at the same time
protects it.
Take the case of the IT-BPO industry. It
deals with confidential information protected by
privacy laws in clients' home countries. Hence,
locators also prefer destinations where the
security and privacy of their data and intellectual
property are upheld.
Delicate balallce
However, we are cautious not to craft data
privacy laws that overreach the original intention
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361
362
of providing a safe and stable environment for
businesses. We must look into the experiences
of our BPO competitors such as India, and avoid
replicating their mistakes in crafting overly
stringent privacy regulations.
Earlier this year, the Chinese government
released draft privacy regulations proposing
that:
companies holding personal data such as IT
outsourcing finns must tirst receive explicit
consent to divulge data to third parties; and
personal data cannot be shared unless
specifically allowed by law or government
authorities.
Some business leaders expressed concerns
that such regulations would hamper the growth
of China's IT-BPO industry given that these
regulations were stricter than their Western
counterparts.
In India, new rules in their Information
Technology Act initially caused uproar in the
BPO industry. Observers initially interpreted that
the new regulations would require firms to first
obtain written consent through letter, fax or mail
before collecting any personal data. This would
discourage data-handling and push locators to
recall jobs they have outsourced to India.
Adherellce 10 global stallllartls
Our proposal will keep our information
systems safe without unnecessarily restricting
our IT-BPO industry and other ICT-driven
sectors. This is why we have chosen to follow
the Asia-Pacific Economic Cooperation (APEC)
Privacy Framework over other private regulations
as it provides ample flexibility in implementation.
The proposed Data Privacy Act upholds the
following APEC information privacy principles:
Preventing Harm;
Notice;
Collection Limitation;
Uses of Personal Information;
Choice;
Integrity of Personal Information;
Security Safeguards;
Access and Correction; and
Accountabi I ity.
On top of this, the measure will also adopt
a Safe Harbor clause to ensure that we comply
with the data processing procedures that might
arise in countries with stricter privacy laws.
WEDNESDAY, SEPTEMBER 21. 2011
Tlte Natiollal Privacy Commissioll
It is up to us to make the Philippines as
dynamic as the times require.
The proposed Data Privacy Act will form the
National Privacy Commission to oversee, monitor
and enforce standards for data protection and
privacy regulation, especially to keep the IT-BPO
industry, our foremost job generator today,
globally competitive.
The Commission will have the power to
issue cease and desist orders and impose
temporary or permanent bans whenever the
processing of personal information is found
detrimental to national security or publ ic safety.
The Commission may also recommend to the
Department of Justice whom to prosecute and
penalize in cases of breaches.
The National Privacy Commission will also
work with other agencies, as well as the private
sector, in securing data handled by government.
The passage of this law will not only create a
business environment attractive to outsourcing
clients but also enhance the way we in govern-
ment conduct our business. At the same time, we
will impose substantial punitive measures
against offenders, ranging from jail time of up to
seven years and fines up to P4 million.
Conclusion
In conclusion, let me say that transitioning
towards an ICT-based economy demands that
we legislate the very policy that will boost our
information security systems and processes.
The Data Privacy Act will enable our IT-
BPO industry to maximize its potential which is
presently hindered by several constraints,
including our lack of privacy controls.
Coupled with the other ICT laws we are
pushing for in this august Chamber ~ the
Cybercrime Prevention Act and the measure
creating the Department of Information and
Communications Technology ~ the Data
Privacy Act will form a triad of laws that will
send a very strong signal that the Philippines
is a serious player in the global knowledge-
based economy. And it is high time we truly
became one.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2965
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
WEDNESDAY. SEPTEMBER21. 2011
BIRTHOA Y GREETINGS
At this juncture, Senator Satta extended birthday
greetings to Senator Angara, who will be celebrating
his birthday on Friday, September 23, 2011, and
Senator Revilla, who will be celebrating his on Sunday,
September 25, 20 II.
MANIFESTATION OF SENATOR SOTTO
Senator Sotto manifested that Senator Drilon
would no longer interpellate Senator Ejercito Estrada
on h is speech.
REFERRAL OF SPEECH
TO COMMITTEE
Thereupon, upon motion of Senator Sotto, there
being no objection, the Chair referred the privilege
speech of Senate President Pro Tempore Ejercito
Estrada and the interpellations thereon to the
Committee on Public Services.
COMMITTEE REPORT NO. 49
ON SENATE BILL NO. 2865
(Continua/ion)
Upon motion of Senator Satta, there being no
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2865 (Committee Report
No. 49), entitled
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE
HEALTH AND POPULATION AND
DEVELOPMENT.
Senator Sotto said that the parI iamentary status
was still the period of interpellations.
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the session was
suspended.
1/ was 4:38 p.m.
RESUMPTION OF SESSION
At 4:46 p.m., the session was resumed.
Upon resumption, the Chair recognized Senators
Cayetano (P) and Defensor Santiago, cosponsors
363
of the measure, and Senator Osmefia for his
interpellation.
INTERPELLATION OF SENATOR OSMENA
Asked by Senator Osmefia why there was
no definition of the term "conception" in the bill
when the Constitution specifically mentions it,
Senator Cayetano (P) recalled that the framers of
the Constitution had a ~ e n g t h y debate on the proper
definition of the term and it was her personal view
that it should not be defined in the bill to avoid
confusion. Besides, she said, she would defer to the
Constitutional Commission that put the definition in
the record, as intended.
But Senator Osmefia pointed out that there are
concepts or thrusts in the Constitution that require
legislative action to operationalize or implement them,
and defining "conception" is one of them. In this
regard, he asked if Senator Cayetano (P) would
consider, at the proper time, an amendment defining
the word "conception," as referring to the period of
fertilization, meaning, there is no need to wait for the
zygote to be implanted in the uterus to consider the
existence of human life.
In response, Senator Cayetano (P) quoted the
following excerpts from the Record of the
Constitutional Commission containing the discussion
on the issue of whether a fertilized ovum is already
elevated to the category of a person as to enjoy
constitutional right:
Commissioller Bemus: My own thinking would
be that it is not a person yet. That is my own
thinking. So perhaps this whole sentence must
be modified to express it in such a way that it is
not an assertion that this begins to become a
person from the very first moment of nine
months before birth.
Commissioner Bacani (reacting to a report
by Fr. Robert Henly): From the moment of
conception, a new biological entity exists.
Commi,u'ioner Rigos: But our religious author-
ities sharply differ in their opinion as to when
human life can definitely be regarded to have
commenced.
Commissioller Aquillo: The unfertilized egg has
life and if fertilized takes on human proportions.
I am willing to concede to that but the law and
our Constitution should deal with reality, not
obscurity, the known rather than the unknown.
We should deal with facts rather than
364
conjectures. It may be true that when the sperm
shakes hand with the egg it may eventually live
but it may also die. The Constitution should not
deal with speculation. The phenomenon called
"life" takes time to develop. In other words, a
fetus represents nothing more than a potentiality
for life. Conception is a process over time. It is
not an event by itself. We do not have to resolve
the question of when life begins now, when even
those who are trained in their respective fields of
medicine, philosophy or theology are unable to
arrive at a consensus.
Moreover, Senator Cayetano (P) read Commis-
sioner Aquino's response to the question of Com mis-
sioner Nolledo on whether a fertilized ovum has life,
to wit:
Commissioner AquillO: That belongs to the field
of medicine xxx as the Commissioner will note,
even the Commission cannot settle the question
of whether a fertilized egg has the right to life or
not. Those experts in the fields of medicine and
theology cannot settle this question. It is bad
enough for us to preempt this controversial
issue by constitutionalizing the ovum. It would
be doubly tragic for us to provide ambiguities
which may even disturb certain jurisprudence.
Senator Cayetano (P) also cited statements from
experts in the international community on the matter,
to wit:
From a professor, Division of Anatomy and
Faculty of Surgery, University of Toronto:
Human development begins after the union of
male and female gametes during a process
known as fertilization;
From the American College of Obstetricians
and Gynecologists and the U.S. Department of
Health and Human Services: Pregnancy begins
when a pre-embryo completes implantation into
the lining of the uterus; and
From the U.S. FDA definition (also used by
British Medical Association, American Medical
Association and U.S. National Institute of
Health and American College of Obstetrics and
Gynecology: Pregnancy encompasses the period
of time from confirm-ation of implantation until
expulsion 01' extraction of the fetus.
Senator Cayetano (P) also quoted Conclusions
I, 2 and 3 of the Medical Expelts' Declaration on
WEDNESDAY, SEPTEMBER 21. 2011
Action of Contraceptives signed by 24 medical experts
in the Philippines including Health Secretary Ona,
former Health Secretaries Cabral and Romualdez,
to wit:
On Monday 8, August 2011, 21 experts from
diverse scientific fields including biochemistry,
physiology, pharmacology, obstetrics and gyne-
cology, reproductive endocrinology and fel1ility,
internal medicine, demography and public health
gathered to examine raging questions on preg-
nancy and contraception applying scientific and
evidence-based analysis. These are our conclusions:
1. Conception is not an exact scientific term.
For some, it means implantation. For others,
it is an event that occurs at sometime after
fertilization. No one at the meeting equates
conception with fertil ization.
2. Fertilization encompasses the process of
penetration of the egg cell by the spenn cell
and the combination of their genetic material
to form the fertilized egg or the zygote. The
process is estimated to take about 24 hours.
At present, there is no accepted laboratory
or clinical method of determining if and
exactly when natural fertilization has taken
place. But we accept that it has occurred
after a pregnancy has been detected. Natural
laws occur all the time. Thirty-three percent
to 50% of all fertilized eggs never implant
without the woman doing or taking anything.
3. All contraceptives including hormonal
contraceptives and IUDs have been
demonstrated by laboratory and clinical
studies to act primarily prior to fertilization.
Honnonal contraceptives prevent ovulation
and makes cervical mucus impenetrable to
sperm. Medicated IUDs act like hormonal
contraceptives. Copper IUDs incapacitate
sperm and prevent fertilization.
Senator Cayetano (P) explained that she opted not
to include a definition ofthe beginning oflife in the bill
for many reasons because she did not feel competent
to answer the question; scientists in the international
community had conflicting views on the issue; and
even local medical experts admit that there are varying
definitions. However, she said that she was willing to
study and clarify the concerns of Senator Osmena
over the definition as it may relate to abortion.
For his part, Senator Osmena agreed with the
definition in the Black's Law Dictionary of concep-
tion as "the fecundation of the female ovum by the
male's spermatozoa resulting in human life capable
"I'"
WEDNESDAY. SEPTEMBER 21. 2011
of survival and maturation under normal conditions"
or the union of the sperm and the egg. He under-
scored the importance of pinpointing in the proposed
Act where life might begin and whether the use of
certain chemicals can destroy it. Saying that he was
not against the lise of condoms and birth control pills
that are proven not to destroy life being formed in the
ovum, he said that he would, however, object to approv-
ing the use of any chemical that can destroy the union
of the sperm and the egg because that is tantamount
to destroying life. He said that he wanted a clear
deflllition to pinpoint the moment when it would be
wrong to interfere with the process of pro-creation.
REMARKS
OF SENATE PRESIDENT ENRILE
At this juncture, Senate President Enrile stressed
that the question that needed to be settled is when
life actually begins since -the Constitution itself
protects the life of the unborn from conception. He
believed that it is also important to know whether the
sperm or the ovum by itself is alive. He pointed out
that the sperm of a man can only fertilize the egg of
a woman, which is created specifically for it so that
life can be created from the fusion of these two
elements. I-Ie said that the doctors he had consulted
agreed that by themselves alone, the sperm and the
egg are living organisms as evidenced by their mobility
and ability to develop. He stated that Darwinism,
in fact, applies this in the case of the sperm since
only the fittest one is able to survive. He said that
only one of the 60 million gametes present in a cubic
centimeter of semen is needed to fertilize the ovum.
Moreover, he stated that once these two elements
are fused into one, transformation and growth begins;
and the fertilized egg would not be able to attach
itself to the uterus unless it has life at that point.
Senator Cayetano (P) asked if it was Senate
President Enrile's position that the egg of the woman
and the sperm of the man, on their own, have life and
therefore must be protected. Senate President Enrile
believed that procreation starts when the man and
the woman perform their assigned task in the divine
process. He maintained that by themselves, the
sperm and the egg have life, albeit one that is not yet
human as each one cannot produce a human being
without the other.
Senate President Em'ile stressed that, on their
own, the sperm cells and the egg cells have life - the
ovum survives 48 hours and the sperm, 72 hours.
365
On whether it was his position that since the
sperm of a man and the egg of a woman, once
joined, can become a human life and there should be
no interference therewith, Senate President Enrile
answered in the affirmative.
On whether it is interference when, during sexual
intercourse, a man and a woman avail themselves of
the withdrawal method or a man uses a condom to
prevent the union of the sperm and the egg cells,
Senate President Enrile answered in the affirmative,
adding that it is the same when a man manipulates
himself alone only for pleasure. He stressed that
God gave man the nature of sex for a purpose which
is to create life.
Senator Cayetano (P) acknowledged the views
of Senate President Enrile but she reasoned that she
was brought up by her parents to be a responsible
person, to have a job and be a good mother so she can
support her family, thus, she availed of contraceptives
to have a certain number of children. She reiterated
that the discussion on the RH bill was centered on
making contraceptives and reproductive health facilities
available to people with different views.
Senate President Enrile stated that he was not
imposing his views on Senator Cayetano (P) in the
same way that he would not accept her view if he
disagreed with it. Further, he said that he was only
expressing a view on what he believed he had - a
nature that he himself did not create but was created
by someone else. He explained that if it is allowed to
be used as it was intended, then it proceeds
progressively to the creation of a human life.
Senator Cayetano (P) emphasized that the RH
bill seeks to provide women, their spouses and their
families all the options and information on reproduc-
tive health so that they can decide what is applicable
and acceptable to them. None of the lawmakers, she
stressed, should coerce the people or use their moral
suasion to decide for the people.
Senate President Enrile stated that legislators
cannot enforce their views on the people but the
majority will define the policy that would be adopted
in the bill.
REMARKS OF SENATOR RECTO
At this juncture, Senator Recto noted that one of
three ideas being discussed on the floor is fertilization,
'r
366
the reason why Senate President Enrile, Senator
Sotto and himself had filed a bill on the Right to Life.
He stated that this bill would have an effect on
Section 9 (Family Planning Supplies as Essential
Medicines), particularly on the type of contraceptives
that would be considered legal. He proceeded to
read the pertinent portion of Section 9, to wit:
SEC. 9. Family Planning Supplies as Essen-
tial Medicines. - The National Drug Formulary
shall include hormonal contraceptives,
intrauterine devices, injectables and other safe,
legal and effective family planning products and
supplies in accordance with Section 17 (d).
On the suggestion that the bill lists the contra-
ceptives to be used when life begins, be it during
fertilization or implantation, Senator Cayetano (P)
welcomed the idea and gave assurance that at the
proper time, the Committee would accept an
amendment to the general enumeration of the allowed
contraceptives. She clarified that Section 17 refers to
the duty of the Food and Drug Administration to only
allow safe and efficacious medicines, including
contraceptives. She proposed that a proviso be added
to wit: "Provided, That the contraceptive action of
such products take place prior to feltilization," noting
that her resource persons have revealed that the
contraceptives available in the market take effect
prior to teltilization.
REMARKS OF SENATOR LACSON
At this juncture, Senator Lacson proposed to
rephrase the word "fertilization" to "prior to sexual
act," recalling that he brought up the idea dUI'ing the
first day of interpellation as he had serious reservations
on the use of morning-after pill. He said that the
American Association of Obstetrics and Gynecologists
allowed the use of the morning-after pill after sexual
intercourse, although the label is misleading because
it actually works for up to 72 hours after sexual
intercourse. He argued that if there is a possibility of
life after sexual intercourse, then contraceptives that
prevent pregnancy should not be allowed.
Senator Cayetano (P) pointed out that Americans
have more liberal views given that they allow abortion.
She explained that the morning-after pills, Postinor
being one of them, make the environment non-
conducive to lessen the mobility of the sperm and
thereby preventing it from meeting the egg. However,
she revealed that once the sperm ferti I izes the egg,
WEDNESDAY. SEPTEMBER 21. 2011
Postinor can no longer expel or destroy the tertilized
egg and neither will it prevent implantation.
Senator Lacson argued that after sexual
intercourse, nobody would know for sure if the
sperm has not met the egg, so the possibility of life
is always there. Senator Cayetano (P) countered that
nobody knows at what point the sperm and the egg
cell meet either.
On whether Postinor is the same contraceptive
as Levonelle One Step or Levonelle 1500, Senator
Cayetano (P) answered in the affirmative.
Asked if Levonelle can destroy the fertilized egg,
Senator Cayetano (P) answered in the negative.
But Senator Lacson asserted that according to
medical professionals, it can destroy the fertilized
egg. He stated that he would withdraw his support
for the bill, even if he is one of its authors, if it will
allow the use of Levonelle. He stressed that he does
not want anybody or any contraceptive to interfere
because nobody knows if there is life after the sexual
act. Senator Cayetano (P) believed that the topic is
a non-issue because the morning-after pill is not a
registered contraceptive.
But Senator Lacson maintained that such pills
can take many names.
MANIFESTATION
OF SENATOR DEEFENSOR SANTIAGO
At this juncture, Senator Defensor Santiago
pointed out that the Records of the Constitutional
Convention reflect the discussion on the issue of the
sanctity of life that ended up with the constitutional
provision that says: "The sanctity of life of the
mother and the unborn child should be protected
equally from conception." She said that the members
of the Constitutional Commission had a lively argument
about the meaning of "conception" but it was
Commissioner Cirilo Rigos, a Protestant cleric, who
said: "Let us leave that for Congress to determine."
She said that this is what the Body was trying to do.
As regards conception, Senator Defensor Santiago
said that the Constitution provides that the sanctity of
life, with its concomitant obligation for the state and
all other persons to protect the same, should begin
at the moment of conception. Thereafter, she read
into the record the following paper on conception,
pregnancies and stages of human reproduction:
, r
W ~ D N E S D A y, SEPTEMBER 2 L 20 II
Conception is defined as the process by
which a set of human cells becomes indulge with
characteristics identified as human life, The
precise moment when the set of cells may be
calied human cannot be presently determined
scientifically, Nobody knows, Biologically, this
moment can only occur sometime after fertiliza-
tion, Does that fertilized egg already have a
soul? The scientific medical community does
not, at this time, claim sufficient authority to
answer that question, and even legislators would
not be able to answer it either.
Normally, she said, answers to these technical
questions will depend on the technical people
or techn ical working staff. She stated that if
Senator Osmena felt that it would be helpful to
include a definition of "conception" in the bill,
the cosponsors would be open to it for as long
as it is made clear that it is not a medical definition
but a working definition 01' a definition for purposes
of the bill only,
Pregnancy is defined as the period after
implantation before childbirth occurs, The
occurrence of pregnancy is detectable only after
the implanted cells begin to produce the
hormone, chorionic gonadotropin, which is
about two weeks after implantation,
When the egg and the sperm fertilize, it will
attach to the uterine wall - that is called
implantation, Because they are biologically
active, meaning to say. they have living or
metabolic active structures, both the ovum and
the sperm may be considered living human cells
but are not individual human beings, They are
not endowed with human life,
She stated that Senate President Enrile was
correct in saying that they are living human celis,
except that they are not human beings yet
After fertilization, the resulting zygote has
the potential for being endowed with human life,
Thus, it is possible that human life begins at the
moment when the chromosomes become capable
of d ivid ing,
She stated that when the chromosomes start
dividing, the features of the fetus come out: its head,
ears, shoulders, etc,
However, a complete set of chromosomes
is only a necessary but not a sufficient condi-
tion to human life because many zygotes do not
complete the process and are never implanted,
367
She stated that the problem is that while there
might be zygote, many things might happen in its
journey to find a place where it can safely rest
Many zygotes do not complete the process
and are never implanted, Thus, even the
organism that results from fertilization may not
necessarily have been a human life to begin with,
She pointed out that this is the reason why one
cannot call it human, becanse the ferti I ized egg
sometimes does not reach the stage of implantation
due to many difficulties which terminate its journey,
Implantation is also a necessary but not
sufficient condition for human life because
even after implantation, the process may be
interrupted by many natural factors including
physical, metabolic or inherent defects such as
the formation of what doctors call the H-mole
(hyatidiform mole).
Here are the stages of human reproduction:
1. Pre-/erlilizali(}11
What we have here are living cells that are
biologically active:
Sperm cells - they have biological processes
like oxygen consumption, metabolism of
sugars, motility, response to stimuli, but their
chromosomes are incomplete.
Ovum - they have metabolism and other
biological processes; they respond to
chemical stimuli but their chromosomes are
also incomplete,
Neither the sperm nor the ovum can mUltiply,
and eventually die when no fertilization
occurs.
2. Fertilizalioll
Only one out of over 100 million sperm cells
deposited during intercourse may eventually
contact and penetrate the ovum,
It takes about one day for penetration to be
complete and for the chromosomes to join
and form a single nucleus that can begin cell
division or multiplication.
Once the chromosomes are complete, all 46,
the cell has the potential to become a human
organism now called a zygote, It is possible
to consider this as a conception or the
beginning of human life but there is no
scientific consensus on this because in more
than 50% of cases, development does not
continue and the fertilized egg is expelled
and dies,
368
3.
4.

Pre-implalltatioll
Zygote takes up to four days to reach uterine
cavity and begin implantation.
When implantation begins, zygote has about
100 cells and is called a blastocyst and it
retains a potential to become a human
organism but may still not fully develop.
A number of natural causes may still stop
development at this stage (physical, chemical
or metabolic), and the product dies and it is
expelled.
Implall/atioll
Penetration of the uterine lining-some cells
become trophoblast which eventually form
the placenta, others dilferentiate to become
the embryo.
In some instances, none of the cells develop
into the embryo and all the cells become
trophoblasts. This is the formation of a
hyatidiform mole or H-mole for short, which
requires manual evacuation by dilation and
curettage or D and C.
Many biological scientists, but not all, believe
that this is when human life begins-mean-
ing, conception. Meaning to say, conception
begins at implantation. And most reproduc-
tive biologists, including obstetricians, gyna-
ecologists, deline this to be the beginning of
pregnancy.
Senator Defensor Santiago pointed out that
fertilization does not always lead to an established
"viable" pregnancy, as she cited current research
which suggests that fertilized embryos naturally fail
to implant some 30% to 60% of the time. Of those
that do implant, she noted, about 25% suffer early
pregnancy loss by the 6
th
week from the last
menstrual period, and an additional 7% miscarry or
are stillborn. She stated that as a result, even without
the use of birth control, between 50% and 70%
of zygotes never result in established pregnancies,
much less, birth.
She clarified that she has no strong objection if
Senator Osmena insisted, for purposes of the bill
only and not for medical science in general, that
the term "contraception" be deli ned because it was
the very motive of the members of the Constitutional
Commission. She said that apparently, the framers of
the Constitution did not want to argue about when
life begins and left it to Congress to do it.
Senator Osmena observed that the issue had
debated quite thoroughly and asked that he be given
WEDNESDAY, SEPTEMBER 21, 2011
time to prepare his amendments. He gave assurance
that he would welcome inputs from the cosponsors.
INTERPELLATION OF SENATOR PIMENTEL
Preliminarily, Senator Pimentel stated that he
could not let go the point raised by Senator Lacson
about a cut-off time when there should be no more
interference in the sexual act. However, he averred
that there may be a device which is placed before
the sexual act but the effect is felt thereafter. One
particular device, he said, is the IUD (intra-uterine
device) and also an injectable, as mentioned by
Senator Recto, that have the same mechanism: before
the sexual act, the IUD is already in place inside the
uterus and the injectable is applied, but their effect is
after the sexual act. Supposedly, he said, both devices
irritate the uterine wall to prevent the implantation of
the fertilized egg.
In reply, Senator Cayetano (P) described the
IUD as a small, T-shaped contraceptive device about
one and one-fourth inches wide by one and three-
eighth inches long, made of flexible plastic and
wrapped in copper; it is hormone-free so it does not
alter the natural menstrual cycle, instead, it changes
the physical environment of the reproductive track by
releasing a tiny amount of copper which prevents the
sperm from meeting the egg.
As regards the injectable Depo Provera, Senator
Cayetano (P) explained that it is an injectable form
of progesterone, one of the same synthetic hormones
found in the pill; women receive the shot every three
months as this is the method which will provide
optimal pregnancy protection for that period of time.
Like the pill, she said that the injectable inhibits
ovulation and makes the cervical mucus thick and
scanty, thus preventing the sperm from reaching
the egg.
Thereafter, Senator Pimentel manifested that
he would bring up the matter again when his turn
to interpellate comes. He said that he has to consult
his own set of experts on how the IUD works since
he was told that it prevents the implantation of a
fertilized egg.
Senator Cayetano (P) remarked that in earlier
interpellations, she had already described how an IUD
works. She disclosed that when it came out in the
'70s, the IUD irritated the uterus but it has improved
over time.
WEDNESDAY, SEPTEMBER 21. 2011
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2865
Upon motion of Senator Sotto, there being no
objection. the Body suspended consideration of
the bill.
REFERENCE OF BUSINESS
The Director of the Committee Affairs Bureau,
Eduardo C. Garvida, read the following matters and
the Chair made the corresponding referrals:
BILLS ON FIRST READING
Senate Bill No, 2969, entitled
AN ACT AMENDING PRESIDENTIAL
DECREE NO. 269, AS AMENDED,
OR THE NATIONAL ELECTRIFICA-
TION DECREE, RESTRUCTURING
THE ELECTRIC COOPERATIVES,
PRESCRIBING ADDITIONAL
POWERS AND FUNCTIONS AND
STRENGTHENING THE NATIONAL
ELECTRIFICATION ADMINISTRA-
TION AND FOR OTHER PURPOSES
Introduced by Senator Recto
To the Committees on Cooperatives; and
Ways and Means
Senate Bill No. 2971, entitled
AN ACT GOVERNING THE CREATION
AND ACCREDITATION OF MICRO-
ENTERPRISE DEVELOPMENT
INSTITUTIONS AND FOR OTHER
PURPOSES
Introduced by Senator Ejercito Estrada
To the Committees on Economic Affairs;
Banks, Financial Institutions and Currencies;
and Ways and Means
RESOLUTIONS
Proposed Senate Resolution No. 603, entitled
RESOLUTION DIRECTING THE SENATE
COMMITTEES ON LABOR, EMPLOY-
MENT AND HUMAN RESOURCES
DEVELOPMENT; HEALTH AND
DEMOGRAPHY; AND CIVIL SERVICE
AND GOVERNMENT REORGANIZ-
A TlON TO LOOK INTO THE PLIGHT
OF FILIPINO NURSES, THEIR
WORK AND EMPLOYMENT
CONDITIONS
Introduced by Senator Escudero
369
To the Committees on Health and Demo-
graphy; and Labor, Employment and Human
Resources Development
Proposed Senate Resolution No. 604, entitled
RESOLUTION URGING THE COMMIT-
TEES ON FOREIGN RELATIONS;
JUSTICE AND HUMAN RIGHTS;
AND LABOR, EMPLOYMENT AND
HUMAN RESOURCES DEVELOP-
MENT TO CONDUCT AN INQUIRY,
IN AID OF LEGISLATION, ON THE
INCREASING INCIDENTS OF OFW
MURDERS AND THOSE KILLED
WITH IGNOMINY WITH THE END
IN VIEW OF FORMULATING
POLICIES TO PROTECT OFW'S
AS WELL AS FORMULATING
BETTER REPATRIATION PROCE-
DURE AND A RELEVANT
SYSTEM OF GIVING ASSISTANCE
TO THEM
Introduced by Senator Villar
To the Committees on Foreign Relations;
and Labor, Employment and Human Resources
Development
Proposed Senate Resolution No. 605, entitled
RESOLUTION URGING THE COMMITTEES
ON PUBLIC WORKS; AND PUBLIC
SERVICES TO CONDUCT AN
INQUIRY, IN AID OF LEGISLATION,
ON THE TRAFFIC SITUATION IN
EDSA AND THE FORMULATION
OF A COMPREHENSIVE EDSA
TRAFFIC DECONGESTION
PROGRAM SPECIFYING SHORT-
TERM APPROACHES AS WELL AS
#t"'r
370
LONG-TERM STRATEGIES WITH
THE END IN VIEW OF RESTORING
EDSA AS A VIABLE THOROUGH-
FARE FOR THE TRANSPORT OF
PERSONS AND GOODS
Introduced by Senator Villar
To the Committees on Public Works; aud
Public Services
Proposed Senate Resolution No. 606, entitled
RESOLUTION URGING THE APPRO-
PRIATE SENATE COMMITTEES TO
CONDUCT A STUDY, IN AID OF
LEGISLATION, ON THE REPORTED
INCREASE IN CAR THEFT
INCIDENTS IN THE COUNTRY
WITH THE END IN VIEW OF
CRAFTING A RELEVANT LAW
AIMED AT DETERRING THE
COMMISSION OF THE OFFENSE
Introduced by Senator Villar
To the Committees on Public Order and
Dangerous Drugs; and Coustitutional Amend-
ments, Revision of Codes and Laws
Proposed Senate Resolution No. 607, entitled
RESOLUTION URGING THE SENATE
COMMITTEES ON ENVIRONMENT
AND NATURAL RESOURCES; AND
LOCAL GOVERNMENT TO CONDUCT
AN INQUIRY, IN AID OF LEGIS-
LATION, ON THE INVENTORY OF
RICE TERRACES IN THE PROVINCE
OF IFUGAO THAT ARE CLASSIFIED
AS PROTECTED AREAS, WITH
THE END IN VIEW OF AVERTING
THEIR EXPLOITATION AND
DESTRUCTION, IN LIGHT OF THE
SO-CALLED "GOLD RUSH" THAT
OFTEN ATTRACTS BOTH LEGAL
AND ILLEGAL SMALL-SCALE
MINING
Introduced by Senator Villar
To the Committees on Environment and
Natnral Resources; and Local Government
WEDNESDAY. SEPTEMBER 21. 2011
COMMUNICATION
Letter from the Bangko Sentral ng Pilipinas,
dated 9 September 20 11, furnishing the Senate
with a copy of BSP Circular No. 736, series of
20 II, dated 20 July 20 II, in compliance with
Section 15(a} of Republic Act No. 7653 (The
New Central Bank Act).
To the Committee on Banks, Financial Institu-
tions and Currencies
COMMITTEE REPORT
Committee Report No. 57, prepared and submitted
jointly by the Committees on Justice and Human
Rights; and Finance, on Senate Bill No. 2970,
with Senators Dri Ion, Angara, Revi lIa Jr. and
Escudero as authors thereof, entitled
AN ACT REORGANIZING AND
MODERNIZING irHE NATIONAL
BUREAU OF INVESTIGATION,
PROVIDING FUNDS THEREFOR,
AND FOR OTHER PURPOSES,
recommending its approval in substitution of
Senate Bill Nos. 128,2724, and 2810.
Sponsor: Senator Escudero
To the Calendar for Ordinary Business
ADDITIONAL REFERENCE OF BUSINESS
RESOLUTION
Proposed Senate Resolution No. 608, entitled
RESOLUTION DIRECTING THE COM-
MITTEE ON AGRICULTURE AND
FOOD TO CONDUCT AN INQUIRY,
IN AID OF LEGISLATION ON THE
ALLEGED IRREGULARITIES ON
THE UTILIZATION OF THE
AGRICULTURE COMPETITIVENESS
ENHANCEMENT FUND (ACEF)
Introduced by Senator Pangilinan
At the instance of Senator Sotto, the Chair
referred Proposed Senate Resolution No. 608
primarily to the Committee on Agriculture and Food
WEDNESDAY. SEPTEMBER 21. 2011
and secondarily to the Committee on Accountability
of Public Officers and Investigations and to the
Committee on Finance.
APPROVAL OF THE JOURNAL
Upon motion of Senator Sotto, there being no
objection, the Body dispensed with the reading of the
Journal of Session No. 21 (September 20, 20 II) and
considered it approved.
ADJOURNMENT OF SESSION
Upon motion of Senator Sotto, there being no
objection, the Senate President Pro Tempore declared
the session adjourned until three o'clock in the
afternoon of Monday, September 26, 2011.
II was 5:50 1'.111.
371
I hereby certify to the correctness of the
foregoing.

Secretary' the Senate
;-r4r
Approved on September 26, 20 II