journal - senate of the philippinessenate.gov.ph/lisdata/1420712553!.pdf · rendered the song,...

REPUBLIC OF THE PHILIPPINES

Senat:e Pasay City

Journal

SESSION NO. 22 Monday, October 8,2012

FIFTEENTH CONGRESS THIRD REGULAR SESSION

SESSION NO. 22 Monday, October 8, 2012

CALL TO ORDER

At 3: 16 p.m., the Senate President, Hon. Juan Ponce Enrile, called the session to order.

PRAYER

Sen. Edgardo J. Angara led the prayer, to wit:

Today, we resume our legislative work against the backdrop ·of hope and the promise of peace at last in our land.

We congratulate the President and his peace negotiators for this breakthrough solution in this age-old problem - a framework agreement for peace in Mindanao.

In return, we, in Congress, must do our inescapable duty to provide the legislative support to the peace framework.

We ask, Dear God, Your guidance to invest our Senate President and the leadership and members of this Body with wisdom, patience and foresight to do what is right for the nation.

Amen.

NATIONAL ANTHEM

His Majesty Chorale of the IRM Marikina Church led the singing of the national anthem and thereafter rendered the song, entitled Minsan Lang Kita Iibigin.

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. Enrile, J. P. Escudero, F. J. G. Estrada, J. Guingona III, T. L.

Honasan, G. B. Lacson, P. M. Legarda, L. Marcos Jr., F. R. Pangilinan, F. N. Revilla Jr., R. B. Sotto III, V. C. Trillanes IV, A. F. Villar, M.

With 18 senators present, the Chair declared the presence of a quorum.

Senators Cayetano (A), Osmefia and Recto arrived after the roll call.

Senators Lapid and Pimentel were on official business.

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APPROVAL OF THE JOURNAL OF SESSION NO. 21

Upon motion of Senator Sotto, there being no objection, the Body dispensed with the reading of the Journal of Session No. 21 (September 19 and 20, 2012) and considered it approved.

At this juncture, Senate President Enrile relinquished the Chair to Senate President Pro Tempore Estrada.

ACKNOWLEDGMENT OF THE PRESENCE OF GUESTS

At this juncture, Senator Sotto acknowledged the presence in the gallery of members of the delegation from the Iraqi Council of Representatives:

Hon. Qusai Abdul Wahab Al-Suhail, First Deputy to the President of the Iraqi Council of Representatives;

Members of the Council of Representati ves, namely:

• Hon. Yassin Majeed Mohammed Taher;

• Hon. Mahamm Khalil Qasim Hassan, Member of the Economic and Investment and Construction;

• Hon. Abdullah Khalaf Mohammed Azab, Member of the Committee on Regions and Provinces;

• Hon. Mohammad Jamshid Abdullah Ali, Member ofthe Foreign Relations Committee;

• Hon. Joseph Hadjim Sultan Taher Al-Tai, Member of the Finance Committee;

• Hon. Qasim Mohammad Jalal Husain, Member of the Committee on Security and Defense; and

• Hon. Emad Y ouhana, Member of the Committee on International Relations

The Administrative Delegation:

• Dia Qais Hassan, Associate DirectorGeneral of the Department of Public Relations;

• Haider Hamada Ahmed, Media official of the Office of the First Deputy;

MONDAY, OCTOBER 8, 2012

• Miran Fareed Majeed Personal Assistant of the First Deputy; and

• Hamza Hamadi Compassionate, Personal Assistant to the First Deputy

His Excellency Wadee Batti Hanna AI-Batti, Ambassador of Iraq to the Philippines.

The Senate President Pro Tempore welcomed the guests to the Senate.

SUSPENSION OF SESSION

Upon motion of Senator Sotto, the session was suspended.

It was 3:26 p.m.

RESUMPTION OF SESSION

At 3:28 p.m., the session was resumed.

ACKNOWLEDGMENT OF THE PRESENCE OF GUESTS

Upon resumption of session, Senator Sotto also acknowledged the presence in the gallery of the following guests:

AB Foreign Service Major in Diplomacy and International Trade students of the Lyceum of the Philippines University;

Students from the Manila Adventist Medical Center and Colleges, Inc.;

Guests of Senator Legarda from the DOl, DSWD, DFA, DOLE, POEA, CFO, PCW, NBI, and IACA T;

Officials of the Department of Education headed by Secretary Luistro;

Officials of the Commission on Higher Education, TESDA and COCOPEA; and

A team from the Newborn Screening Reference Center headed by Dr. Carmencita Padilla.

The Senate President Pro Tempore welcomed the guests to the Senate.

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MONDAY, OCTOBER 8,2012

APPROVAL OF HOUSE BILL NO. 5622 ON THIRD READING

Upon motion of Senator Sotto, there being no objection, the Body considered, on Third Reading, House Bill No, 5622, printed copies of which were distributed to the senators Oil September 19, 2012

Pursuant to Section 67, Rule XXIII of the Rules of the Senate, upon motion of Senator Sotto, there being no objection, Secretary Reyes read only the title of the bill, to wit:

AN ACT INCREASING THE BED CAPACITY OF THE QUIRINO MEMORIAL MEDICAL CENTER FROM THREE HUNDRED FIFTY (350) TO FIVE HUNDRED (500) BEDS, AMENDING FOR THE PURPOSE REPUBLIC ACT NO, 8313, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

Secretary Reyes called the roll for nominal voting.

RESULT OF THE VOTING

The result of the voting was as follows:

In favor

Angara Arroyo Cayetano (P) Defensor Santiago Drilon Enrile Escudero Estrada Guingona Honasan

Against

None

Abstention

None

Lacson Legarda Marcos Pangilinan Recto Revilla Satta Trillanes Villar

With 19 senators voting in favor, none against, and no abstention, the Chair declared House Bill No. 5622 approved on Third Reading.

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APPROVAL OF SENATE BILL NO. 2853 ON THIRD READING

Upon motion of Senator Sotto, there being no objection, the Body considered, on Third Reading, Senate Bill No. 2853, printed copies of which were distributed to the senators on September 19,2012

Pursuant to Section 67, Rule XXIII of the Rules of the Senate, upon motion of Senator Sotto, there being no objection, Secretary Reyes read only the title of the bill, to wit:

AN ACT INCREASING THE BED CAPACITY OF JOSE B. LINGAD MEMORIAL GENERAL HOSPITAL IN SAN FERNANDO CITY, PAMPANGA FROM TWO HUNDRED FIFTY (250) TO FIVE HUNDRED (500), UPGRADING ITS SERVICES AND FACILITIES AND PROFESSIONAL HEALTH CARE, AUTHORIZING THE INCREASE OF ITS MEDICAL PERSONNEL AND APPROPRIATING FUNDS THEREFOR.




In favor

Angara Lacson Arroyo Legarda Cayetano (P) Marcos Defensor Santiago Pangilinan Drilon Recto Enrile Revilla Escudero Sotto Estrada Trillanes Guingona Villar Honasan

Against

None

Abstention

None

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With 19 senators voting in favor, none against, and no abstention, the Chair declared Senate Bill No, 2853 approved on Third Reading.

APPROVAL OF HOUSE BILL NO, 4451 ON THIRD READING

Upon motion of Senator Sotto, there being no objection, the Body considered, on Third Reading, House Bill No, 4451, printed copies of which were distributed to the senators on September 18, 2012

Pursuant to Section 67, Rule XXIII of the.Rules of the Senate, upon motion of Senator Satta, there being no objection, Secretary Reyes read only the title of the bill, to wit:

AN ACT CREATING THE PROVINCE OF DAVAO OCCIDENTAL.




In favor

Angara Arroyo Cayetano (P) Defensor Santiago Dnlon Enrile Escudero Estrada Guingona

Against

Trillanes

Abstention

None

Honasan Laeson Legarda Marcos Pangilinan Recto Revilla Sotto Villar

With 18 senators voting in favor, one against, and no abstention, the Chair declared House Bill No. 4451 approved on Third Reading.

APPROVAL OF SENATE BILL NO. 2625 ON THIRD READING

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


"Senate Bill No. 2625', printed copies of which were distributed to the senators on September 20, 2012

Pursuant to Section 67, Rule XXIII ofthe Rules of the Senate, upon motion of Senator Sotto, there being no objection, Secretary Reyes read only the title of the bill, to wit:

AN ACT AMENDING REPUBLIC ACT NO. 9208, ENTITLED "AN ACT TO INSTITUTE POLICIES TO ELIMINATE TRAFFICKING IN PERSONS ESPECIALLY WOMEN AND CHILDREN, ESTABLISHING THE NECESSARY INSTITUTIONAL MECHANISMS FOR THE PROTECTION AND SUPPORT OF TRAFFICKED PERSONS, PROVIDING PENALTIES FOR ITS VIOLATIONS, AND FOR OTHER PURPOSES," OTHERWISE KNOWN AS THE ANTI-TRAFFICKING IN PERSONS ACT OF 2003.




In favor

Angara Arroyo Cayetano (P) Defensor Santiago Drilon Enrile Escudero Estrada Guingona Honasan

Against

None

Abstention

None

Lacson Legarda Marcos Pangilinan Recto Revilla Sotto Trillanes Villar

With 19 senators voting in favor, none against, and no abstention, the Chair declared Senate Bill No. 2625 approved on Third Reading.

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MONDAY. OCTOBER 8, 2012

QUESTION OF PRIVILEGE OF SENATOR SOTTO

Rising on a question of personal privilege, Senator Sotto sought to set the record straight regarding the Anti-Cyber Crime Act (Republic Act No. 10 175).

Senator Sotto lamented that he has again been the subject of criticism because of the passage of the Anti-Cyber Crime Act and that, in fact, he has become the favorite whipping boy of the neighborhood's cyber-bully.

He clarified that he rose to enlighten the minds of the narrow-minded, paranoid and malicious people who continue to judge and condemn him in the cyber-community. He stressed that the cybercrime law was passed through the regular legislative process and he denied there was any surreptitious insertion as claimed by his detractors. Thereupon, he cited the legislative history of the Cybercrime Act, to wit:

• On July 1, 20 I 0, Senators Angara and Trillanes individually .filed the Cybercrime Act of 2010; on July 5, 2010, Senator Enrile also filed the Cybercrime Act of 2010; on July 8, 2010, Senator Lapid filed the Anti-Crime Fraud and Abuses Act of20 I 0; and Senator Villar, the AntiCyber Crime Act of 20 I 0; on September 22, 2010, Senator Marcos filed the Cybercrime Prevention Act of 2010; on February 3, 20 II, Senator Defensor Santiago filed the Cyber Security Education Enhancement Act; and on February 28, 2011, Senator Revilla filed the Cyber Crime Prevention Act of 20 11;

• On May 3, 2011, the Committees on Science and Technology; Constitutional Amendments, Revision of Codes and Laws; Education, Arts and Culture; Justice and Human Rights; Trade and Commerce; Public Information and Mass Media; and Finance Jointly prepared and filed a substitute bill, "An Act Defining Cybercrime, Providing for Prevention, Investigation and Imposition of Penalties Therefor and Other Purposes" per Committee Report No. 30;

• On May 10, 2011, Committee Report No. 13 was read and assigned to the Calendar for Ordinary Business;

• On May 11, 2011, the measure was transferred from the Calendar for Ordinary Business to the Calendar for Special Orders; it was sponsored on the floor by Senator Angara and cosponsored by Senator Legarda who was made a coauthor of the bill;

• On September 12, 2011, the period of interpellations was opened and Senators Defensor Santiago and Sotto interpellated on the bill;

• On December 12, 2011, it was the turn of Senators Sotto, Guingona and Pimentel to interpellate on the bill;

• On December 13, 2011, Senate President Enrile interpellated on the bill; and the period of interpellations was closed;

• On January 24, 2012, the period of amendments was opened; Senators Guingona and Lacson made inquiries; the period of amendments was closed; the bill was approved on Second Reading with amendments;

• On January 26, 2012, printed copies of the bill were distributed to the Senators;

• On January 30, 2012, the bill was approved on Third Reading; those who voted in favor were Senators Cayetano (P), Estrada, Escudero, Honasan, Lacson, Lapid, Legarda, Marcos, Pimentel, Recto, Revilla, Sotto and Villar; Senator Guingona voted against the bill; there were no abstentions;

• On January 31, 2012, the bill was sent to the House of Representatives for its concurrence; at that time, there was no House version approved yet;

• On May 30, 2012, the Senate requested the House of Representatives for a conference on the disagreeing provisions of the bill; designated as conferees for the Senate were Senators Angara, Defensor Santiago, Estrada, Marcos, Revilla, Trillanes and Villar;

• On June 5, 2012, the House of Representatives accepted the request of the Senate for a conference on the disagreeing provisions of Senate Bill No. 2796 and House Bill No. 5808; designated to the

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House panel were Representatives Tinga, Yap, Singson Jr., Angara, Rodriguez, Sarmiento, Arenas; Quimbo, Golez, Sarmiento, and Arroyo (D); on the same day, the Conference Committee Report was presented to the Senate recommending Senate Bill No. 2706, in consolidation with House Bill No. 5808, be approved as reconciled; Senator Angara sponsored the Report which the Senate approved; earlier, on June 4, 2012, the House had already approved the Report; so on June 5, 2012, the bill was enrolled and sent to the President of the Philippines.

Senator Sotto said that there were people who claimed that the Cybercrime Prevention Act was passed in retaliation for the cyber-bullying that he suffered. But he pointed out that the cyber-bullying occurred in August and September 20 I 2 - way past June 5, 2012 - after he delivered his en contra speech on the RH bill.

He advised the cyber-bullies not be too presumptuous as he stated that the Senate will not pass a law just to retaliate against them.

For further clarity and enlightenment, Senator Sotto suggested that the senators and the public read an online article written by Elizabeth Bernstein of the Wall Street Journal, entitled "Why are we so rude online?: Online browsing lower self-control and it is linked to higher debt and weight." He suggested that the senators and the public also read the Manila Times' editorial dated October 8, 2012, entitled "Libel and freedom of speech."

In closing, Senator Sotto hoped that with his clarification and explanation he was able to set the record straight and dispel the paranoia of some people against the law. He said that he and Senator Angara will soon discuss some provisions of the law.

PRIVILEGE SPEECH OF SENATOR LEGARDA

Availing herself of the privilege hour, Senator Legarda spoke on the issue of newborn screening. She took the occasion to recognize the presence in the gallery of Dr. Carmencita Padilla of the PGH and her team from the newborn screening reference sector. She added that the speech was being delivered


in" commemoration' of the newborn screening awareness week which was last week.

Following is the full text of the privilege speech of Senator Legarda:

According to the United Nations, "the number of children in developing countries who died before they reached the age of five has already decreased from 100 to 72 deaths per 1,000 live births between 1990 and 2008."

While this is a positive development, it is far from the target posed by the 2015 Millennium Development Goals, which aims to reduce child mortality to 26.7 deaths per 1,000 live births by2015.

Today, almost nine million children still pass away each year before they even reach the age of five. Nine million children are prevented from celebrating their fifth birthday, reading their first book, and experiencing the small wonders that we often take for granted.

According to the United Nations Development Programme Report, under-five mortality rate in the Philippines has declined by 60% in the past 16 years from 80 deaths to 32 deaths per 1,000 live births. With only three years left until the deadline to reduce child mortality, our govermnent needs all the help and support it can get to save our children from unnecessary death.

I therefore laud the National Screening Society of the Philippines for unceasingly supporting the govermnent in its healthcare agenda and providing an opportunity among advocates and practitioners to discuss ways by which we could fnrther the cause of children's health together.

I believe that the 2015 target is within arm's reach for as long as we develop a concerted front against premature deaths brought about by lack of information or apathy. Our children and the children of the next generation need not suffer from severe mental retardation, cataract, anemia, kernicterus, and even death when they could lead normal lives. Genetic or metabolic conditions like congenital hypothyroidism, congenital adrenal hyperplasia, galactosemia, phenylketonuria, and GGPD Deficiency -need not claim lives or cause complications if screened early on.

I welcome that there is a 24.6 percent increase in newborn screening coverage as noted in the report, and I believe that we can still


do better as we bridge the communication gap and expand the screening for Filipino newborns.

If we were able to jump from 15.6% to 42% from 2007 to 20 I I, the vision of providing newborns, regardless of socio-economic status, with a comprehensive, affordable, and accessible newborn screening should not be out of reach.

It is for this reason that way back in 2004, this Chamber passed the Newborn Screening Act of 2004, and we filed Senate Bill No.4, a legislation aimed at institutionalizing mandatory universal healthcare coverage for poor families.

Moreover, I also authored the Newborn Hearing Screening of 2009 to establish measures to ensure that newborns and children who are deaf or hard of hearing have access to prevention, and early diagnosis of congenital hearing loss considering their "unique language, learning and communication needs.~'

It is important that we create a public policy based on applied research and to develop models to "ensure effective screening, referral and linkage with appropriate diagnostic, medical and qualified early intervention service providers and programs within the community."

All these initiatives, however, all these laws, will be put to naught if they are not implemented effectively and efficiently.

And we have a chance to change the course of history and touch the lives of millions of Filipino children. With a united front against child mortality, I am cOlifident that we will succeed in giving these children a chance to live.

There is no greater weapon than a nation united by a common goal. I believe that it is important that we will let everybody know that newborn screening among Filipino newborns is mandatory and now covered by PhilHealth.

And let it go down in the record of this Chamber that a law in 2004, and now it is 2012, has been made available to all newborn children of even indigent families.

The reason why I rise today is to stress that point - that is not enough that we enact the law. It is important that we follow through with the law.

Just like those who supported the Expanded Anti-Trafficking in Persons Act, ten (10) years ago, as I stood here, we filed and enacted the Anti-Trafficking in Persons Act. It was not as effective as we wanted it to be, and so we enacted the amendments to the Expanded AntiTrafficking in Persons Act.

Now, with the newborn screening already eight years as a law, it is still not being implemented until we advise everyone concerned that it is covered by PhilHealth and, therefore, all Filipino children must undergo this for free because it is covered by PhilHealth.

So, as we celebrated last week Newborn Screening Awareness Week in the Philippines, let it be said that we stood up for the unborn and the newly-born Filipino child.

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REMARKS OF SENATOR CAYETANO (P)

Senator Cayetano (P) commended Senator Legarda for her speech. She recalled that as a neophyte senator, it was Senator Legarda who sponsored the measure, and she expressed delight that the law would now be implemented especially since the main goal is to make newborn screening available to the poor.

Stressing the importance of newborn screening, Senator Cayetano (P) noted that people do not realize that there are preventable conditions which can be diagnosed early, and she pointed out that children's lives or the quality of their lives could be changed because of newborn screening. She acknowledged that there are a few children who have conditions that cannot be altered, but she pointed out that there are more children who will have debilitating diseases, or will die just because these were not detected at an early stage.

Senator Legarda said that various medical terms and preventable diseases were enumerated in her speech but she had to cut it short. She then moved that her entire speech be inserted into the Record of the Senate. She also underscored the importance of doing the procedure within three days of birth.

For her part, Senator Cayetano (P) added that some of the diseases or even mental retardation could be arrested if diagnosed early, otherwise, they could evolve into something mentally and/or physically debilitating.

Senator Cayetano (P) also pointed out that the Newborn Screening Act is consistent with the DOH policy of addressing maternal mortality which, in effect, affects child and infant mortality. She explained that every pregnancy is considered an at-risk pregnancy which requires the supervision of a licensed childbirth provider, whether a midwife or a doctor.

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Although there are still a lot of women giving birth at home, she clarified that the objective is to persuade them to utilize birthing centers. She further pointed out that giving birth at home prevents the full implementation of newborn screening and other measures which require the infant to be brought to the facility where they can get a full array of tests and vaccination like the hepatitis-B vaccination which is provided for in law.

Senator Legarda reiterated that 90 million children around the world die because they were not screened. In the Philippines, she said that great strides have been made because of the law; however, there are still children who were misdiagnosed or died due to lack of information on newborn screening. She also clarified that newborn screening is already covered by PhilHealth, while a fee of P650 would be paid by non-members.

Senator Cayetano (P) also highlighted the importance for the LGU heads to have more of their constituents covered by PhilHealth since their constituents usually seek help from them. In the long run, she said that newborn screening would be beneficial to all since it would lower the number of children with disabilities, thereby lessening the need for special facilities for the disabled.

REFERRAL OF SPEECH TO COMMITTEE

Upon motion of Senator Sotto, there being no objection, the Chair referred the speech of Senator Legarda to the Committee on Health and Demography.

MANIFESTATION OF SENATOR SOTTO

Senator Sotto mentioned that most of the presidents of educational institutions were in the gallery for the sponsorship of the bill on Enhancing the Philippine Basic Education System or K+12. However, as per the agenda, he said that Senate Bill No. 2865 would be taken up first lest he be accused of delaying its passage.

COMMITTEE REPORT NO. 49 ON SENATE BILL NO. 2865

( Continuation)

Upon motion of Senator Sotto, there being no objection, the Body resumed consideration, on Second


Reading, of Senate Bill No. 2865 (Committee Report No. 49), entitled

AN ACT PROVIDING FOR A NATIONAL POLlCY ON REPRODUCTIVE HEALTH AND POPULATION AND DEVELOPMENT.

Senator Satta stated that the parliamentary status was the period of committee amendments.

Thereupon, the Chair recognized Senator Cayetano (P), sponsor of the measure.

INQUffiY OF SENATOR CAYETANO (A)

Senator Cayetano (A) asked Senator Sotto what he meant by his statement that he might be accused of delaying the passage of the bill.

Senator Sotto clarified that it was a statement arising from his denial of Senator Angara's request to deliver his sponsorship of the K + 12 bill first on the ground that he had to follow the agenda and he wanted to avoid the impression that he was delaying the passage of the RH bill.

Senator Cayetano (A) pointed out that there was no problem if Senator Sotto does not believe in the bill and that one of his strategies would be to delay it since each senator has a sort of veto. As an example, he noted that Senator Trillanes expressed his disagreement to the Camarines Sur bill and as part of his parliamentary strategy to delay it, he made it known that he would conduct his interpellation in three parts. In the same manner, he said that it is quite known that Senator Sotto is against the RH bill and that he does not want it to be voted upon.

Senator Cayetano (A) reiterated that there is no problem if Senator Sotto wanted to delay the bill since it is a parliamentary strategy. He noted that everything in the bill has been discussed, and the only thing left to do is to vote upon it. However, he pointed out that tension is rising among the senators, be it with the Anti-Cybercrime Act, Camarines Sur bill or RH bill. He expressed concern that the usual courtesy, candor and truthfulness among the senators are being affected.

Senator Cayetano (A) stated that if a senator does not approve of a bill and wants to stop it, it is his privilege to do so. He also mentioned the difference

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between expressing an objection to a bill but still allowing it to be voted upon, and outright blocking the bill by using all means possible under the Rules.

Senator Cayetano (A) said that although he disagrees with Senator Sotto, he would still fight for his right to interpellate and take all the time he needs because it is his right. However, he opined that it would be logical for people to interpret it as a delaying tactic since there is nothing left to do but vote on the RH bill.

Senator Cayetano (A) suggested that the senators retain the candor they owe each other. He said that if one disagrees with a bill, he should simply register his disapproval of it. He lamented that the issues pertaining to the Camarines Sur, the Anti-Cybercrime Act and the RH bill are straining relationships in the Chamber.

Senator Cayetano (A) also mentioned that a news article also blamed the Minority for the passage of the Cybercrime Act. As a reply, he said that a "mea culpa" was in order if indeed there was a mistake, but if there is none, then the senators who voted for it should stand by their action.

As to the reason for his inquiry, Senator Cayetano (A) explained that he felt uneasy with all the innuendos thrown by the two sides. He also said that he understood the statements of Senator Sotto. He stated that, on the one hand, it is the right of anyone who is against the bill to use all parliamentary tactics that are legitimate, and on the other hand, it is the right of those in favor of the bill to point out that someone is delaying it. Either way, he said that it is just a matter of a statement of fact.

Senator Sotto took cognizance of the point made by Senator Cayetano (A). However, he pointed out that it was quite different for the one being blamed. He also stood by his statement that he was not employing any delaying tactics. He clarified that he just mentioned it because he wanted to set the record straight that he was indeed not delaying the passage of the bill and that he wanted it to be voted upon. He also pointed out that there is a process to be followed before the bill could be voted upon, particularly the period of committee and individual amendments. He reiterated that his statement meant no harm since it was what he really told Senator Angara when the latter requested that the K + 12 bill be taken up before the RH bill.

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Senator Cayetano (A) pointed out that there are various ways to delay the passage of a bill, and there had been speculations that some senators would definitely block its passage. Since it is a very controversial bill that divides the nation, he said that the strategy of those against the bill was quite obvious. The Majority Leader, he said, can delay or hasten the process. For the sake of comparison, he said that two caucuses were called for the Camarines Sur bill and none for the RH Bill.

Rather than making snide remarks on the floor or in the media, Senator Cayetano (A) asked the senators to give due courtesy to one another, stop the insinuations and respect each other's rights and privileges. With little time left before the elections, he said that there are many bills to be passed, and those issues are a cause of delay.

In sum, Senator Cayetano (A) stated that he understood the different sides of the various issues tackled by the Senate. However, he said that the way the Members handle the situation upset him.

Senator Sotto clarified that he was not making a snide remark. He reiterated that in his opinion, he was not delaying the bill and that, in fact, he wanted it to be voted upon.

As to his remark, Senator Sotto said that it was something that he really said to Senator Angara which is an exercise of his freedom of expression.

MANIFESTATION OF SENATOR CAYETANO (P)

Senator Cayetano (P) stated that before the Senate's recess, her staff had already informed Senator Sotto's staff that as soon as the Members are ready with their proposals, the Committee would be prepared to consider them.

She recalled that the Committee was ready to consider the proposals of Senator Lacson even before the recess but had to give way to more pressing matters on the floor relative to the contentious issues on the CamSUf bill.

To set the records straight, Senator Sotto said that his staff had been informed by the staff of Senator Cayetano (P) that she would be manifesting on the floor that she was finished with the committee amendments. He said that he did not know that

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Senator Cayetano (P) was ready for individual amendments until she manifested so,

Senator Cayetano (P) clarified that it was Senator Satta's staff who texted her staff asking on the status of bill, prompting her staff to give assurance that the status would be manifested during the day's session, She maintained, however, that Senator Satta's staff already knew that she and Senator Lacson were ready and waiting since the previous week, making the manifestation merely procedural.

Senator Satta said that the Journal would bear him out, as it would affirm that Senator Cayetano (P) did manifest that she would be informing the Body if there are further committee amendments, precisely the reason why he did not close the period of amendments. Senator Cayetano (P) admitted that she made the statement, but she pointed out that there were other discussions on the bill between her staff and Senator Satta's staff.

TERMINATION OF THE PERIOD OF COMMITTEE AMENDMENTS

Upon motion of Senator Satta, there being no objection, the Body closed the period of committee amendments and proceeded to the period of individual amendments.

MANIFESTATION OF SENATOR SOTTO

Senator Satta stated that Senators Lacson, Angara, Trillanes, Osmefia, Legarda, Defensor Santiago and himself have signified their intention to propose individual amendments.

PROPOSED AMENDMENT OF SENATOR LACSON

On page 3, line 19 of the bill, Senator Lacson proposed to insert a new sentence to read: "HOWEVER, IN EXCEPTIONAL CASES WHEREIN THE LIVES OF THE MOTHER AND THE UNBORN CHILD ARE MEDlCALL Y AND TRULY THREATENED SUCH THAT BOTH LIVES CANNOT BE SAVED, PHYSICIANS MAY PERFORM THERAPEUTIC ABORTION IN ORDER TO SAVE THE LIFE OF THE MOTHER."

Senator Lacson explained that as provided for in Article II, Section 4 of the Revised Penal Code, one of the justifying circumstances when an act does not incur any criminal liability is when:


"Any person who, in order to avoid an evil or injury, does not act which causes damage to another, provided that the following requisites are present;

First. That the evil sought to be avoided actually exists;

Second That the injury feared be greater than that done to avoid it;

Third That there be no other practical and less hannful means of preventing it."

Senator Lacson stated that he introduced the amendment only for clarity and for emphasis, taking into consideration the argument of Fr. Joaquin Bernas SJ. on Article II, Section 12 of the Constitution on the duty of the State to equally protect the life of the mother and the life of the unborn from conception, to wit: "It does not assert that the life of the unborn is placed on exactly the same level as the life of the mother. It recognizes that when necessary to save the life of the mother, it may be necessary and legitimate to sacrifice the life of the unborn."

Expressing support for the amendment, subject to style, Senator Cayetano (P)* affirmed that it does not in any way deviate from the intention of the framers of the Constitution but actually complies and is consistent with the constitutional mandate. She noted that, indeed, there comes a time when the obstetrician-gynaecologists would be fearful that by saving the life of the mother, they would be penalized for committing an abortion.

She also expressed openness to consider the better and more proper term for the act, whether "therapeutic abortion" or "termination of pregnancy" as suggested by Senators Lacson and Cayetano (A). * However, she expressed preference on the use of terms that would not give others the impression that she is supporting something that is already penalized.

INQUIRY OF SENATOR DRILON

Adverting to page 3, Senator Drilon asked whether the committee amendment was necessary. Senator Cayetano (P) admitted that as a lawyer like Senator Drilon, she also felt that the amendment was unnecessary since abortion has already been declared a crime in the Revised Penal Code. However, she felt that there was a need to specify the provision in

As corrected by Sen. Cayetano (P) on October 15,2012


the bill as she had been que~tioned repeatedly, and by at least three senators, about the phrase in the original bill which was perceived to be promoting abortion, She said that in spite of repeated explanations, there are still manifestations of doubts so she decided to include the provision to be able to move on to the next issues in the bill,

Senator Lacson stated that he would be willing to withdraw his individual amendment if the provision is deleted,

At this point, Senator Cayetano (P) read the original Section 3Ci) of the bill, to wit: "While this Act does not amend the penal law on abortion, the government shall ensure that all women needing care for post-abortive complications shall be treated and counselled in a humane, nonjudgmental and compassionate manner," She clarified that it was simply a reminder to professionals that anyone who comes to them for medical assistance requires compassionate care, In this, regard, she said that records would show that in many hospitals, some of the women did not even commit an abortion but merely had miscarriages, yet they were treated badly as they were immediately suspected of committing abortion. Notwithstanding the good intent of the provision, she lamented that it was misinterpreted by so many people, including some Members who expressed the same concern.


Upon motion of Senator Cayetano CP), the session was suspended.

It was 4:26 p.m.


At 4:31 p.m., the session was resumed.

LACSON AMENDMENtS

Thereupon, Senator Lacson withdrew his proposed amendment.

On page 3 of the bill, as proposed by Senator Lacson and accepted by the Sponsor, there being no objection, the Body approved the restoration of lines 15 to 17 except the phrase "While this Act does not amend the penal law on abortion," so that the new subsection "I" would read:

(I) THE GOVERNMENT SHALL ENSURE THAT ALL WOMEN NEEDING CARE FOR POST-ABORTIVE COMPLICATIONS SHALL BE TREATED AND COUNSELED IN A HUMANE, NONJUDGMENTAL AND COMPASSIONATE MANNER.

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As a consequence, as proposed by Senator Lacson and accepted by the Sponsor, there being no objection, the Body approved the deletion of the committee amendment on lines 18 and [9.

On page 9, line 8 of the bill, after the word "PRACTICE" and the period (.), Senator Lacson proposed the insertion of a new sentence to read: FOR THE PURPOSE OF THIS ACT, ANY FAMILY PLANNING PRODUCT OR SUPPLY INCLUDED OR TO BE INCLUDED IN THE ESSENTIAL DRUG LIST MUST HAVE A CERTIFICATION FROM THE FOOD AND DRUG ADMINISTRATION (FDA) OF THE PHILIPPINES THAT SAID PRODUCT AND SUPPLY HAS NO ABORTIFACIENT OR ABORTICIDE EFFECT.

Senator Cayetano CP) expressed willingness to accept the amendment, subject to style, but she explained that there are certain medications which are effectively abortifacient but are not used for such purpose. These medications, she explained, cannot be simply banned because they are necessary drugs for purposes for which they were introduced and are prescribed under very strict quidelines by a medical practitioner.

She suggested that an amendment be made to require the issuance of a certification that such drugs should be used for their intended medical purpose and not as abortifacient.

Citing another example, Senator Cayetano CP) said that a particular drug is being prescribed to teenagers to treat the breakout of acne, provided an assurance is given that the patient is not pregnant or otherwise sexually active because it could cause severe physical abnormality to a fetus like being born without limbs. She noted that the said drug could not be banned because it has to be used for an intended purpose.

Senator Lacson expressed apprehension that a woman who has acne and wishes to have an abortion may take advantage of the essential drug being provided by the government to avail of its abortive side effect.

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Senator Cayetano (P) agreed with Senator Lacson that the said essential medicine should not be used as abortifacients, However, she said that the medical consultants present in the gallery point out that a number of drugs with similar effect are actually available in the market and banning these drugs could pose a great danger as they are being prescribed for a particular purpose, In addition to the literature that come with the drugs, she suggested that stronger warnings be made by health professionals that in no case shall these drugs be prescribed and made available as abortifacients,

Upon query of Senator Lacson, Senator Cayetano (P) replied that these drugs that are prescribed to treat very serious medical conditions have been available in the market for the longest time such that withdrawing them from the market would be very detrimental to the health system in the country, For instance, she said that OxytOCin is used to induce labor in conditions necessitating that the baby be delivered right away, like in cases when the baby's umbilical cord has encircled his/her neck, She said that Oxytocin is actually intended to save a baby's life; thus, it should not be given to a two-month pregnant woman, She reiterated that withdrawing an essential medicine such as Oxytocin from the market would totally debilitate the maternity health care system,

Asked how it could be ensured that such and similar drugs would not be used as abortifacients, Senator Cayetano (P) replied that a health professional who prescribes a drug such as OxytOCin to a woman who is in her first trimester of pregnancy is clearly prescribing it as an abortifacient and should therefore be held liable under the Revised Penal Code,

Asked whether the government would be providing drugs such as Oxytocin, Senator Cayetano (P) said that health care providers involved in childbirth have expressed their desire to have access to such drugs because these are essential medicines that could actually improve maternal mortality rate since it could enable them to immediately save the life of a child, However, she underscored the importance of ensuring that the FDA would be very strict on its use,

At this juncture, Senator Sotto asked Senator Lacson what his particular proposed amendment would be, Senator Lacson replied that he would like to insert a provision, subject to style, that would ensure that the drugs cannot be used as abortifacients but they can be used for the purpose for which they


were introduced in the market, Senator Sotto suggested that the Body be presented with the actual text of the amendment before it approves it

Senator Cayetano (P) asked to proceed to the next proposed amendment in order to give her staff enough time to get the exact wordings of the proposed amendment of Senator Lacson,

LACSON AMENDMENT

On page 9, line 11 of the bill, as proposed by Senator Lacson and accepted by the Sponsor, there being no objection, the Body approved the insertion of a new sentence after the word "units" and the period (,), to read: PROVIDED, FURTHER, THAT THE FOREGOING OFFICES SHALL NOT PURCHASE OR ACQUIRE BY' ANY MEANS EMERGENCY CONTRACEPTIVE PILLS, POSTCOITAL PILLS OR ITS EQUIVALENT,


Upon motion of Senator Sotto, the session was resumed,

It was 4:43 p,m,


At 4:46 p,m" the session was resumed,

LACSON-CAYETANO (P) AMENDMENT

Senator Cayetano (P) read into the record the proposed amendment of Senator Lacson on page 9, line 8 of the bill, to insert a new sentence to read: FOR THE PURPOSE OF THIS ACT, ANY FAMILY PRODUCT OR SUPPLY INCLUDED OR TO BE INCLUDED IN THE ESSENTIAL DRUG LIST MUST HAVE A CERTIFICATION FROM THE FOOD AND DRUG ADMINISTRATION THAT SAID PRODUCT AND SUPPLY IS MADE AVAILABLE ON TIffi CONDITION THAT IT IS NOT USED AS AN ABORTIFACIENT

Senator Sotto asked whether the word "family" referred to family planning, After conferring with each other, Senators Cayetano (P) and Lacson agreed to delete the word "FAMILY,"

Thus, on page 9, line 8, as proposed by Senator Laeson, as modified by Senator Cayetano (P), there


being no objection, the Body approved the insertion of a new sentence after the word "units" and the period (,), to read: FOR THE PURPOSE OF THIS ACT, ANY PRODUCT OR SUPPLY INCLUDED OR TO BE INCLUDED IN THE ESSENTIAL DRUG LIST MUST HAVE A CERTIFICATION FROM THE FOOD AND DRUG ADMINISTRATION THA T SAID PRODUCT AND SUPPLY IS MADE AVAILABLE ON THE CONDITION THAT IT IS NOT TO BE' USED AS AN ABORTIFACIENT.

At this juncture, Senator Cayetano (P) expressed hope that Senator Legarda and the rest who made reservations to propose amendments would be ready the following day considering the little time left due to the impending deliberations on the budget.

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2865

U pan motion of Senator Satta, there being no objection, the Body suspended consideration of the bill.

SPECIAL ORDER

Upon motion of Senator Satta, there being no objection, the Body approved the transfer of Committee Report No. 409 on Senate Bill No. 3286 from the Calendar for Ordinary Business to the Calendar for Special Orders.


U pan motion of Senator Sotto, there being no objection, the Body considered, on Second Reading, Senate Bill No. 3286 (Committee Report No. 409), entitled

AN ACT ENHANCING THE PHILIPPINE BASIC EDUCATION SYSTEM BY STRENGTHENING ITS CURRICULUM AND INCREASING THE NUMBER OF YEARS FOR BASIC EDUCA TlON, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES.

Pursuant to Section 67, Rule XXlII of the Rules of the Senate, with the permission of the Body, upon motion of Senator Satta, only the title of the bill was read without prejudice to the insertion of its full text into the Record of the Senate.

As corrected by Sen. Cayetano (P) on October 15, 2012

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The Chair recognized Senator Angara for his sponsorship speech.

SPONSORSHIP SPEECH OF SENATOR ANGARA

At the outset, Senator Angara acknowledged the presence in the gallery of Department of Education Secretary Armin A. Luistro, his colleagues in the Department, as well as associates and colleagues in the education sector.

In sponsoring Senate Bill No. 3286, Senator Angara delivered the following speech, using some video slides:

The Philippines for a number of years has lagged behind its neighbors; but now we can announce that the Philippines is back on track. Filipinos here and abroad now have a renewed sense of promise and hope. Our outlook is positive as we register gains ranging from our competitiveness rankings to tourist arrivals; from GOP growth to household consumption. That is Qur GOP growth in the second quarter of this year. As we can see, out of the five ASEAN members, the Philippines recorded the highest GOP growth.

But there is also good news about our educational system. Between June 2010 and the first half of this year, 23,646 classrooms were built; 29,261 teachers were hired; and millions of textbooks and seats were provided.

Through GASTPE (Government Assistance for Students and Teachers in Private Education), over half of the 1.4 million children in private high schools benefitted from this scholarship.

In January of this year, we made pre-school education open to all Filipino children through Republic Act No. 10157, or the Kindergarten Act, which I sponsored as well.

Support and engagement from the private sector also has contributed to the increase in our infrastructure through the so-called "PPPs" in education, through programs like Partnership for School Infrastructure Projects (PSIP), Adopt-aSchool Program, and Bayanihang Pampaaralan. Through these, thousands of classrooms were added to our inventory.

We also started giving our teachers the compensation they deserve. From a starting pay in 2008 of P 12,000 a month, we are now giving our teachers a starting pay of P18,000.

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Through the continuing efforts of the Department of Education (DepEd), some of the most pressing issues are being addressed.

Possibly, for the first time since the I 940s, all deficits in classrooms, water and sanitation facilities, and teacher items may be eliminated by the end of 2013.

Seemingly unprecedented and ambitious, this is the goal that DepEd and its dynamic leader, Secretary Luistro, have set for themselves-for the benefit of every Filipino child and learner. We must do what we can to support them.

The Goal

These infrastructure gaps will be covered and the challenge remains for us to continue debating and improving the quality of our education.

But what kind of system should we aspire for that every Filipino deserves and can be proud of? This is the education system we aspire for: student-friendly, localized activities and lessons, yet impart a wider vision of a wider world - in other words, look local but look global as well; produce lifelong learners who know how to navigate the complexities of modem life and contribute to the development of our nation.

The Opportunity

This is what demographers and populationspecialists call "the Philippines' demographic dividend." The median age in the Philippines is only 23.1 years old-pointing to a young and highly trainable pool' of human resource. Around us, from China to Japan, to Korea to India, populations are aging; whereas, we have a huge pool of young, talented and highlytrainable pool of youth.

What can this translate to? This can translate very easily to an increased nation's productivity if we maximize this demographic window through policies that harness and hone the human capital, particularly through basic education.

Prolonged economic development, therefore, is within our means. It is really up to us, the choice is in our hands-if we try to invest in our youth's innate talents and intellect.

The Imperative

Once again - and I have seen this in my years of public service - we face a fork in the road. One path will lead to continued growth and


development, while another will lead to more of the same --;- a prevalence of mediocrity and ineptitude, of potential left unrealized and promise left unfulfilled.

We should choose the path toward shared prosperity and a significantly better quality of life for every Filipino. That route begins with developing and nurturing our human capital.

Governments the world over have long assumed this primordial, almost sacred obligation: providing every citizen with sufficient preparation and guidance during their formative and early adult years to allow each citizen to lead productive and meaningful lives. And this is no less stated in our Constitution, in our fundamental charter, and it says: "The State shall protect and promote the right of all citizens to quality education at all levels, and shall take appropriate steps to make such education accessible to all."

And, therefore, developing our human capital begins with our basic education systemand the State must intervene and work towards improving it.

I invite aU our coUeagues to support one of the flagship programs and the top-most priority in the Aquino administration's IO-Point Education Agenda: the K to 12 Basic Education Program.

The K to IZ Basic Education Program

What is the K to 12 Program? The K to 12 Program provides the foundation by which every child begins to define himself or herself. At its core, K to 12 aims to produce Filipino graduates with holistic, 2 P' century skills. They will be prepared for higher education, middle-level skills development, employment, as well as entrepreneurship.

K to 12 is about enhancing the curriculum that better prepares every Filipino child, and about innovating on how lessons are taught to each learner.

The enhanced curriculum is a product of thorough researches, benchmarked against our neighbouring countries. Insights were drawn from decades of experience in our schools and communities.

Best practices from the region were culled and adapted to fit local conditions, and formed by the successes and failures the DepEd enconntered in the field. What emerged was a curriculum made for and by the Filipino, or what Secretary Luistro refers to as "isang curriculum na gawa ng Filipino. para sa Filipino. at pang-

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tapat saan man sa mundo.~~ In other words, competitive.

Here are some key features of this program:

I. K to 12 strengthens early childhood education. Education during the beginning years of a child serves as the foundation for his/her continuing development. Pre-school weans and familiarizes the child to the structured environment of formal education. The lack of sufficient preparation is best exemplified by the dismal retention rate in Grades I and 2, by far the lowest rate within the basic education cycle where the retention rate is only83%, that means 17% drop out before completing Grades I and 2.

Through universal kindergarten, children are given the proper time to adjust and the opportunity to develop their psycho-social skills, That is why Kindergarten is very important because it prepares the kids to enter school; they are 'school-ready. This is the "K" in K to 12,

2. K to 12 makes the curriculum relevant 10 all types oj learners, The enhanced curriculum is responsive to the needs of the learner and his/her community. It is ageappropriate, culture- and gender-sensitive, and does not assume that one size fits all. The latter half of the program is then designed to address present and emerging demands of the local market

3. K to 12 builds proficiency through language. Adeptness to language begins with one's mother tongue and provides the strong base for acquiring knowledge, skills, and competencies across all other learning areas including new languages, No longer will a child be forced to learn how to read or count through an unfamiliar language.

4. K to 12 ensures all integrated and seamless learning experience. Standards and competencies across grade levels are linked and built from the simplest to more complex concepts. Learners are exposed to knowledge, skills, values, and attitudes of increasing depth and sophistication.

This seamlessness extends beyond basic education, as K to 12 is a program not just of DepEd but also of the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA),

5. K to 12 is forward-looking, The Senior High School (SHS) program in particular, provides

for specialized upper secondary education that prepares learners for various career paths,

We are the last country in Asia and one of only three countries in the world with a IO-year pre-university cycle. All other economies have also made the commitment to provide free upper secondary education for their citizens. This is at the heart of the legislation for K to 12. And this is what I ask each one of you to support vigorously.

Delivering Solutions and Investing in our Future

Mounting a reform as extensive and as bold as K to 12 comes with vast challenges. Let us take note of the scale we face-there will be 23.8 million learners nationwide at a single city-this is a population larger than 30% of the countries in the world, We have an estimated public and private institutions of 46,000; andpublic school teachers numbering half a million;we have 13,000 private elementary and secondary schools with 55,000 private school teachers. This community, as I said, is larger than 30% of independent states in the world and that is the scale and the magnitude of the human community that we are going to care for and nurture.

So immense is the challenge that adjustments will have to be made. These changes demands flexibility, ingenuity, resilience and vision.

The Implementation Plan

The implementation plan for public schools is simply straightforward-the enhanced curriculum is introduced in phases beginning with Grades I to 7 this current school year, Grades 2 and 8 for next school year (2013-2014), and so on. Given this plan and with approval of this legislation, nationwide Senior High School (SHS) will be first rolled out beginning with SY 2016-2017.

What remains to be defined is how much of our public high schools will offer Grades II and 12, and the roster of their respective specializations.

465

At this juncture, Senate President Pro Tempore Estrada relinqUished the Chair to Senator Legarda,

To answer this very important question, DepEd is in the process of mapping the capacity of its schools vis-a-vis the demands of the communities they serve. This mapping extends to other sectors, those of Higher Education, and Technical-Vocational Education and Training (TVE1).

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Addressing the concerns of non'DepEd schools - be they private basic education schools, public or private Higher Education Institutions (HEIs) or Technical-Vocational Institutions (TVls)-requires more creativity and innovation.

What DepEd has articulated, and what our proposed legislation contains, is a three-pronged approach to the transition problem to K plus 12.

I. First, for the non-DepEd schools, they may offer Senior High Schools from SY 2016-2017 up to the final year of transition in SY 2020-2021;

2. Second, DepEd is currently studying various partnerships and financing schemes which will allow DepEd-funded but externallyprovided Senior High Schools, along the lines of education service contracting (that is an existing scheme), and other Public-Private Partnership (PPP) models; and

3. Third, there will be a provisional placement of displaced teachers and instructors during the initial introduction of the Senior High School. There is also the overall lack of qualified teachers.

Through this measure, graduates, professionals, and experts who have not met the teacher licensure requirement will be allowed to teach in Senior High Schools during the transition years. These probationary teachers may stay in Senior High Schools provided that they eventually comply with the Licensure Examination for Teachers (LET) requirement or meet the equivalent standards.

On top of the transition concerns are issues regarding cost. Allow me to reframe the debate. While sizeable resources must be allocated for this program, they should be considered as investment rather than expenditures.

K to 12 specifically-and basic education in general-is about developing our human capital. UNESCO recommends that government invest the equivalent of 6% of GNP and 20% of our annual budget on education. The record shows, however, that we spend only 3% of our GNP and about 12% - 13% of the national budget on basic education, so we are much below the bench mark.

Note that the cost of implementing Grades II to 12 amounts to an estimated yearly average of Php 46.2 billion a year from 2016 to 2020, ifthe government alone shoulders all the cost. But strong support and participation from Higher Education Institutions, Technical-Vocational Schools, and other private institutions will afford


us enough resources and time to finance Senior High Schools completely.

That is the same fear expressed when we tried to divide or allocate a division of labor between DepEd, CHED and TESDA: that we cannot afford the cost of financing all three institutions. Looking back, on the contrary, we attracted more funding into each of these institutions. And I have the same sense of confidence in our ability, in our society's resilience to provide the necessary financing.

Passing this bill swiftly will enable DepEd, together with CHED, TESDA, the private sector, education associations, and other stakeholders to execute immediately the implementation plan for K to 12-one that will give our children and our children's children the kind of basic education system they richly deserve.

Tile Way Forward

This is more than just about expanding basic education by adding two years to a IO-year cycle. This exercise goes beyond improving the curriculum we as a country teach and the pedagogies our noble teachers employ. This is about the State-the Filipino people as a single polity - fulfilling the solemn duty to educate and nurture its citizens to the best of our collective abilities.

Rarely - and I can say this over the past three decades of serving the public - can we say that we are on the cusp of making history with joyful confidence in its truth. Proposals to expand basic education date back to 1925 - 87 years ago. And we are coming closest to the realization of this dream today. Therefore, may I say that history will remember this I S· Congress as the one that made this dream a reality to build a just, humane, more prosperous and more equitable Philippines.

Let us make the most of this privilege and begin the historic journey to K to 12. Let us act quickly and decisively.


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

COAUTHOR

Upon her request, Senator Legarda was made a coauthor of Senate Bill No. 3286.

MONDAY, OCTOBER 8, 20\2


Upon motion of Senator Drilon, the session was suspended,

It was 5:18 pm.


At 5: 18 p.m., the session was resumed.

SPECIAL ORDER

Upon motion of Senator Sotto, there being no objection, the Body approved the transfer of Committee Report No. 397 on Senate Bill No. 3283 from the Calendar for Ordinary Business to the Calendar for Special Orders.


Upon motion of Senator Sotto, there being no objection, the Body considered, on Second Reading, Senate Bill No. 3283 (Committee Report No. 397), entitled

AN ACT TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS THROUGH PICTURE-BASED WARNINGS ON TOBACCO PRODUCTS.

Pursuant to Section 67, Rule XXIII of the Rules of the Senate, with the permission of the Body, upon motion of Senator Sotto, only the title of the bill was read without prejudice to the insertion of its full text into the Record of the Senate.

The Chair recognized Senator Cayetano (P) for the sponsorship.

INQUIRY OF THE CHAIR

Asked by the Chair whether the bill had been the subject of much plenary deliberation in the previous Congress, Senator Cayetano (P) replied in the affirmative. However, she clarified that the legislative process did not reach the point where the members had to vote on the measure.

SPONSORSHIP SPEECH OF SENATOR CAYETANO (P)

In sponsoring Senate Bill No. 3283, Senator Cayetano delivered the following speech:

According to DOH, for every cigarette stick, a smoker loses at least 5 minutes' of hisl her life, not to mention the devastating ill-effects on the health of innocent people around him, whose only fault is that they did not forget to breathe.

Based on a World Bank study, this roughly translates to an annual death rate of five million people worldwide. With current smoking patterns, about 500 million people alive today will eventually die due to tobacco use. 2

It is a fact that smoking comes hand in hand with a web of health problems and complications. According to the Philippine College of Physicians, among these diseases are chronic lung disease, cardiovascular disease, peptic ulcer, and cancers of several organs.3 For women, it can cause infertility, early menopausal, and pregnancy problems such as fetal abnormalities and even death of the fetus.'

Deaths and diseases - these are the consequences that a smoker faces for what? For a temporary state of relief and relaxation derived from smoking, and the superficial "coolness" perceived to be had by the youth when they have a cigarette. Unfortunately, the benefits of smoking are not worth the possible costs.

In the report of the Surgeon General 20 I 0 as cited by Dr. Encarnita B. Limpin during the hearing of the bill, cigarette smoke contains 7,000 chemicals, more than 70 of which are known carcinogens.' The most notable ones are:

Nicotine, a poisonous alkaloid used as an insecticide;

Ammonia, a chemical which increases the impact of nicotine, thus inducing addiction;

Carbon monoxide, a toxic gas also found in car smoke which can disrupt the amount of oxygen transported in the body; and

Lead, a poisonous chemical which can stunt growth and cause brain damage.'

, http://doh.gov.ph

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2 World Bank (19990 "Curbing the epidemic: Governments and Economics of Tobacco Control"

3 Dr. Encamita B. Limpin's Power Point presentation "Discussions on Sin Tax: Health and Revenues"

4 US Department of Health and Human Services: A Report of the Surgeon General, 2010 as cited in Dr. Encarnita B. Limpin's Power Point Presentation

5 US Department of Health and Human Services: A report of the Surgeon General, 20 JO

6 World Bank (1999), "Curbing the epidemic"

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What is worse is that these chemicals and hazardous substances pose health risks not only to smokers themselves) but even more to nonsmokers who are exposed to it. This is more so because the detrimental effects of smoking extend to the environment, basically through air pollution. As per the Center for Disease Control, tobacco smoke produces six times the pollution of a busy highway when in a crowded restaurant.'

Given these facts, it is without doubt that tobacco smoke is an active contributing factor to a hazardous environment as well as a threat to our public health.

Tobacco use in Ille Pltilippines

The alarming prevalence of smoking generates deadly results. In fact, five of the top ten death-causing diseases in our country can be attributed to tobacco' smoking.8 The top preventable risk factor is smoking. In a National Nutrition and Health Survey, smoking is found to be the number one cause of stroke and heart attack, even more than diabetes, hypertension, obesity, and high cholesterol.'

Yes, Juan de la Cruz is indeed addicted to smoking. In fact, as presented during our hearing, 80% of Filipino households in the poorest quintile have at least one member who smokes." The lowest segment of the income bracket spends I. I % of their total expenditure on tobacco." This is more than what they spend on education and medical care combined."

1 Center for Disease Control (CDC). (2003). It's time to Stop Being a Passive Victim.

S Leading causes of mortality: l. Diseases of the heart; 2. Malignant neoplasms; 3, Pneumonia; 4. Cerebrovascular diseases (is a gro!,p of brain dysfunctions related to disease of blood vessels supplying the brain); 5. Tuberculosis; 6. Chronic lower respiratory diseases; 7. Diabetes melletius; 8. certain conditions originating in the perinatal period; 9. Assault; 10. Nephritis syndrome nephrosis (Nephrotic syndrome is a nonspecific disorder in which the kidneys are damaged, to leak large amounts of protein <at least 3.5 grams per day per 1.73m2 body surface area) from the blood into the urine). (source: Philippines in Figures. NSO)

9 National Nutrition and Health Survey, 2008; DOH and DOF PowerPoint Presentation (2012)

10 Family Income and Expenditure Survey, 2003 as cited in the PowerPoint Presentation of Dr. Jessica de Leon of the Department of Health

" Family Income and Expenditure Survey (2009) 12 Ibid.


Tlte Tobacco Regulation Act of 2003

The 12" Congress passed Republic Act 921 I, which provided for the requirement of textual health warnings on all tobacco products, prohibition of tobacco advertisements in all mass media, prohibition on outdoor and cinema tobacco advertisements, and ban on tobacco sponsorship in sports, concerts, and cultural and art events, with various time frames, all of which are already in place.

Senale Bill No. 3283

Having said that, I now rise to sponsor Senate Bill No. 3283 under Committee Report No. 397, "An Act to Effectively Instill Health Consciousness Through Picture-Based Warnings on Tobacco Products." This bill requires all tobacco products to bear pictures illustrating the ill-effects of smoking.

While many tobacco users know that tobacco is hannful, studies show that most are unaware of its true risks. As the old adage goes, "a picture paints a thousand words." Studies have shown that picture-based health warnings are more effective than text warnings alone. In fact, a study revealed that such health warnings are "60 times more effective in tenns of encouraging cessation and prevention than text-only labels.""

The use of pictures and graphics will also effectively convey the message to those with literacy problems.

According to the Canadian Cancer Society, 14

at least 56 countries already require picture warnings as of May 2012 and there are other countries that are stili in the process of coming up with similar policies on graphic health warnings. The Gulf Cooperation Council Standardization Organization has likewise adopted a standard on picture warnings to be followed by its memver countries such as Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, UAE and Yemen.

Sadly, cigarette packages manufactured in the Philippines and sold in our neighboring countries such as Singapore and Thailand already include picture-based health warning because it is required in these two countries. On the other hand, cigarette packages manufactured

" Applied Economics. Cost-benefit analysis of proposed new health warnings on tobacco products. Report prepared for Commonwealth Department of Health and Ageing. [online] 2004. Available at http://www.treasury. gov. auldocuments/794/DOC/Cost _Benefit ..,Analysis. doc

r

MONDA Y, OCTOBER 8,2012

14

in Singapore and sold in the Philippines carry only textual health warnings because we do not require pictorial health warnings.

As an additional infonnation, in August of this year, the highest court in Australia upheld the law on mandatory plain packaging for cigarettes thereby removing the colors and logos of the different brands.

This bill requires all cigarette packages and other tobacco product packages found in the market, including cartons or master cases, to bear highly visible full-colour picture-based health warnings. This will have two components: a photographic picture warning, and an accompanying textual warning that explains in simple terms what the picture is all about.

This bill will also prohibit the use of descriptors, including terms, trademarks or any

sign or feature that creates or is likely to create the false impression that a product or brand is less hannful.

Conclusion

Deceptive marketing and lack of clear infonnation on the severe and detrimental health effects of smoking have resulted in people smoking without giving much thought on its negative effects on one's body and the people around them, most especially the youth.

By exposing and reminding them of the hazardous effects of tobacco smoke, this bill seeks to deter people from smoking and encourage existing smokers to drop the habit.

Once again, I rise to seek your support for Senate Bill No. 3283. Together, we can work towards a cleaner and healthier Philippines.

Cigarette Package Warning Size and Use of Pictures: International Summary

Picture Warnings

Rob Cunningham Canadian Cancer Society

May 17,2012

At least 56 countries/jurisdictions have finalized requirements for picture warnings. The listing below includes the year of implementation, including different years where there have been two or more rounds of picture warnings.

I. Canada (2001; 2012) 17. Brunei (2008) 37. France (2011) 2. Brazil (2002; 2004; 2009) 18. Cook Islands (2008) 38. Guernsey (2011) 3. Singapore 2004; 2006) 19. Iran (2009) 39. Spain (201 1)40. 4. Thailand (2005; 2007; 2010) 20. Malaysia (2009) Bolivia (2011) 5. Venezuela (2005; 2009) 21. Taiwan (2009) 41. Jersey (2012) 6. Jordan (2006) 22. Peru (2009) 42. Ukraine (2012) 7. Australia (2006; rotation of 23. Djibouti (2009) 43. Honduras (2012)

sets A, B every 12 months; 24. Mauritius (2009) 44. Madagascar (2012; 2012 rotation of two sets 25. India (2009; 2011) 2013) every 12 months) 26. Cayman Islands (2009) 45. Denmark (2012)46.

8. Uruguay (2006; 2008; 2009; 2010) 27. Latvia (2010) Ecuador (20 12) 9. Panama (2006; 2009) 28. Pakistan (2010) 47. Argentina (2012) 10. Belgium (2006; rotation of sets 2, 29. Switzerland (20 I 0, rotation of 48. Bahrain (2012)

3, 1 every 12 months starting 2011) sets I, 2, 3 every 24 months) 49, Oman (2012) 11. Chile (2006; 2007; 2008;2009;2010) 30. Mongolia (2010) 50. United States (2012) 12. Hong Kong (2007), 31. Colombia (2010) 51. Hungary (2012) 13, New Zealand (2008; rotation of 32. Turkey (2010) 52. Macau (2013)

sets A, B every 12 months) 33. Mexico (2010) 53, Iceland (2013)54. 14. Romania (2008) 34. Philippines (2010) Ireland (2013) 15, United Kingdom (2008) 35. Norway (20 11) 55. Russia (2013) 16. Egypt(2008,2010) 36. Malta (20 II ) 56, Kazakhstan (2013)

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Many other countries/jurisdictions are considering or are in the process of requiring picture warnings. Moreover, the Gulf Cooperation Council Standardization Organization has adopted a standard (picture warnings, 50% front and back) for implementation by its member countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates and Yemen). Implementation at the national level has so far been confirmed for Bahrain and Oman,

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COSPONSORSHIP SPEECH OF SENATOR DRILON

In cosponsoring Senate Bill No. 3283, Senator Drilon delivered the following speech:

I stand before you today to cosponsor and seek the support of this Chamber in the immediate approval of Senate Bill No. 3283, formallly known as the "Act to Effectively Instill Health Consciousness Through Picture-Based Warnings on Tobacco Products," or the PictureBased Warning Law. The objective of our bill is to instill health consciousness through picturebased warnings on tobacco products.

What is the urgency of effective warnings on tobacco products?

Our Department of Health places the costs associated to cigarette smoking at 87,000 Filipino deaths annually, or about ten Filipino deaths for every hour. I repeat, 10 Filipinos every hour die from cigarette-smoking related illness. And by the time I finish my speech, another five would have died. The research indicates that one out of every two Filipinos who smoke will die of premature death. Further, cigarette-smoking costs our society an estimated P 188 billion in annual health care expenses and productivity losses. We therefore note that cigarette smoking presents economic burden and risk factors greater than those of diabetes, hypertension, obesity and high cholesterol.

Studies indicate that there are over four billion packs' of cigarettes produced in our country yearly, and 17 million Filipinos currently smoke. These 17 million Filipinos smoke 10.7 sticks of cigarettes per day on the average. The situation becomes alarming considering that our country registers one of the highest smoking incidence in the Western Pacific Region. Based on the 7,h National Nutrition and Health Survey II (NNHES, 2008), the incidence of smoking in the country remains high at 31 %, which means that approximately 25 million Filipinos aged 18 years have smoked in the past or are currently smoking. In the 2009 Philippine Global Adult Tobacco Survey (GATS), it is further estimated that more than 17 million of the population aged 15 years and above currently smoke tobacco.

The aforementioned incidence of smoking is not expected to decline given the present circumstances. In an inquiry on the subject by the World Health Organization (WHO) in 2009, the Philippines was reported to have one of the lowest prices of cigarettes in the ASEAN region.


Only Laos and Cambodia have cheaper cigarettes than we have.

Consequently, notwithstanding other pending measures to curb the incidence of smoking, it is vital to heighten the awareness of the consuming public on the harmful consequences of smoking.

It is in this unique situation where we find ourselves amidst an affirmative, global trend towards strategically placing meaningful graphic images along with text warnings to cigarette cartons and other tobacco products. The benefits to a mandatory system of prominently displaying picture-based health warnings are clear and evident from the experience of other states and governments which already have this system in place. In short, their systems have effectively deterred smoking.

I have here a pack of Marlboro cigarettes with a picture warning. Ginagawa na po sa atin ito. This is being done in the Philippines today, except that it is not distributed here. It is exported to Thailand. So Philip Morris is already doing this, except that they do not want to distribute it locally. They only export these to Thailand. It is so indicated here that this is made in the Philippines. It says "20 Class A cigarettes for export only made by Phillip Morris Philippines Manufacturing Inc. Tanauan City, Batangas, Philippines." They already made these picture warnings except na hindi ito binibenta sa atin kundi so labas ng bansa.

Many other countries/jurisdictions are considering or are in the process of requiring picture warnings. Moreover, the Gulf Cooperation Council Standardization Organization has adopted a standard (picture warnings, 50% front and back) for implementation by its member countries (Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, United Arab Emirates and Yemen). Implementation at the national level has so far been confirmed for Bahrain and Oman.

For example, a study by O'Hegarty, Pederson, et aJ. published in the American Journal of Preventive Medicine, discussed the effectiveness of text-only labels vis-ii-vis text and graphic labels on cigarette cartons and packs. This study yielded results showing 26.3% of the respondents are of the view that text labels would be effective in deterring smoking, while 11.5% were of the opinion that text labels were not effective. Take this in contrast to the figures where graphic images showed that 37.8% of those surveyed found the picture labels effective, and only 3.9% stating that pictures have no effect in causing people to stop smoking.

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A study' by the Center for Disease Control (CDC) in Atlanta showed that from 2008 to 2010, more than 25% of people in the 14 countries surveyed were affected by warning signals, while the use of prominent pictorial warnings was considered to be the most effective medium in communicating the health hazards associated with smoking,

Other studies have shown that the use of graphic images on packets have a significantly wider reach than text warnings, as images produce effects not just on the smoker, but on the people around him, It has also been apparent that these images have a significant effect on those who have difficulty in reading and writing, or who are literacy deficient, for the simple reason that text-based warnings do not meaningfully resonate among non-readers,

We must take the initiative to strengthen our participation in the World Health Organization's Framework Convention On Tobacco Control (FCTe), which we signed in 2003 and which we ratified in 2005,

The approval and implementation of this measure will indeed better achieve the goals under the WHO-FCTC, where every person ought to be better informed of the health consequences of tobacco consumption, And with the decrease in the incidence of smoking in our society, there would be a corresponding drop in the number of smoking-related deaths and a corresponding rise in the quality of life among Filipinos, I cannot exaggerate the fact that the ill-effects of tobacco consumption are not negative externalities forced upon us, but are factors that lie within our very control and responsibilities as lawmakers, The benefits of this measure are beyond measure and much can be realized through the passage of this measure.


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

SPECIAL ORDER

Upon motion of Senator Sotto, there being no objection, the Body approved the transfer of Committee Report No. 312 on Senate Bill No. 3224 from the Calendar for Ordinary Business to the Calendar for Special Orders.


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Upon motion of Senator Sotto, there being no objection, the Body considered, on Second Reading, Senate Bill No. 3224 (Committee Report No, 3l2), entitled

AN ACT DECLARING THE MONTH OF JANUARY OF EVERY YEAR AS LIVER CANCER AND VIRAL HEPATITIS AWARENESS AND PREVENTION MONTH 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 Satta, only the title of the bill was read without prejudice to the insertion of its full text into the Record of the Senate.

The Chair recognized Senator Cayetano (P) for the sponsorship.

SPONSORSHIP REMARKS OF SENATOR CAYETANO (P)

Senator Cayetano (P), on behalf of the Committee on Health and Demography, presented to the Body Senate Bill 3224, which declares the month of January of every year as "Liver Cancer and Viral Awareness and Prevention Month," which aims to raise public awareness and improve education about liver cancer and viral hepatitis.

The full text of her speech follows:

Hepatitis-B is an infectious disease and a serious public health issue in the Philippines, The country office of the World Health Organization (WHO) estimates that 60% of the population has been infected with the Hepatitis-B virus or HBV, while an estimated 10% of Filipinos are virus carriers, This means that there are approximately eight to 10 million Hepatitis-B carriers who can transmit the disease to more people.

Thus, it is imperative for the public to be aware and informed of the ways to prevent and control the disease, HBV may be transmitted through blood, shared needles, or sexual intercourse, but the primary route of infection is from the pregnant virus carrier to her newborn child,

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,HBVis 'a "silent infection" that is already hyperendemic in the country. The illness scarcely manifests symptoms, and usually becomes evident only in adulthood during which most deaths occur. Further, Hepatitis-B is also the cause of around 70% of liver cancer occurrence. Liver cancer ranks second among males and seventh among females as the leading site of cancer.

It is for these reasons that a comprehensive public education and awareness program on liver cancer and viral hepatitis is necessary. Filipinos must be well-equipped with information to prevent and manage this illness, such as routine infant immunization and child and adult vaccination, in order to fight for better health, especially for the youngest and most fragile of our population.

I, thus, seek the immediate approval of this bill.


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


ADJOURNMENT OF SESSION

Upon motion of Senator Satta, there being no objection, the Chair declared the session adjourned until three o'clock in the afternoon of the following day.

It was 5:42 p.m.

I hereby certify to the correctness of the foregoing.

EMMA LIRIO REY S %t Secretary of t'Ji,- Senate

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Approved on October 9, 2012

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