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Journal
of the
House of Representatives
SIXTEENTH CONGRESS
SECOND REGULAR SESSION
2014 – 2015
JOURNAL NO. 56
Tuesday, March 3, 2015
Prepared by the
JOURNAL SERVICE
Plenary Affairs Bureau
JOURNAL NO. 56
Tuesday, March 3, 2015
CALL TO ORDER
By Representative Enverga
At 4:00 p.m., Deputy Speaker Roberto V. Puno
called the session to order.
TO
NATIONAL ANTHEM AND PRAYER
Pursuant to Section 73, Rule XI of the Rules of the
House, the Members sang the National Anthem and
thereafter, observed a minute of silent prayer.
DEFERMENT OF THE ROLL CALL
On motion of Representative Mar-Len Abigail S.
Binay, there being no objection, the Body deferred the
calling of the Roll.
APPROVAL OF THE JOURNAL
On further motion of Rep. Binay, there being no
objection, the Body approved Journal No. 55, dated
March 2, 2015.
REFERENCE OF BUSINESS
Thereafter, on another motion of Rep. Binay, there
being no objection, the Body proceeded to the
Reference of Business.
Upon direction of the Chair, the Secretary General
read on First Reading the titles of the following Bills
and Resolutions, including the Committee Reports,
which were referred to the appropriate Committees
hereunder indicated:
BILLS ON FIRST READING
House Bill No. 5494, entitled:
“AN
ACT
SEPARATING
PAGBILAO
NATIONAL HIGH SCHOOL EXTENSION
IN BARANGAY MAPAGONG, PAGBILAO,
QUEZON
FROM
SILANGANG
MALICBOY NATIONAL HIGH SCHOOL
(FORMERLY PAGBILAO NATIONAL
HIGH SCHOOL MAIN), CONVERTING IT
INTO AN INDEPENDENT NATIONAL
HIGH SCHOOL TO BE KNOWN AS
PAGBILAO NATIONAL HIGH SCHOOL
AND
APPROPRIATING
FUNDS
THEREFOR”
THE
COMMITTEE
ON
EDUCATION AND CULTURE
BASIC
House Bill No. 5495, entitled:
“AN ACT ESTABLISHING A NATIONAL HIGH
SCHOOL IN BARANGAY LABBEN,
MUNICIPALITY
OF
ALLACAPAN,
PROVINCE OF CAGAYAN, TO BE
KNOWN AS THE LABBEN NATIONAL
HIGH SCHOOL, AND APPROPRIATING
FUNDS THEREFOR”
By Representative Vargas-Alfonso
TO
THE
COMMITTEE
ON
EDUCATION AND CULTURE
BASIC
House Bill No. 5496, entitled:
“AN ACT PROMOTING SMALL SCALE
MINING BY EXEMPTING FROM THE
PAYMENT OF INCOME AND EXCISE
TAXES THE SALE OF GOLD PURSUANT
TO
REPUBLIC
ACT
NO.
7076,
OTHERWISE KNOWN AS THE PEOPLE'S
SMALL-SCALE
MINING
ACT,
AMENDING
FOR
THE
PURPOSE
SECTIONS 32 AND 151 OF THE
NATIONAL INTERNAL REVENUE CODE,
AS AMENDED, AND FOR OTHER
PURPOSES”
By Representative Escudero
TO THE COMMITTEE ON WAYS AND
MEANS
House Bill No. 5497, entitled:
“AN ACT CREATING THE YOUTH DRUG
ABUSE RESISTANCE EDUCATION AND
PREVENTION PROGRAM (Y - DARE)
AND PROVIDING FUNDS THEREFOR”
By Representative Quisumbing
TO THE COMMITTEE ON DANGEROUS
DRUGS
2
TUESDAY, MARCH 3, 2015
House Resolution No. 1944, entitled:
RESOLUTIONS
“RESOLUTION DIRECTING THE HOUSE
COMMITTEE ON HOUSING AND URBAN
DEVELOPMENT TO CONDUCT AN
INQUIRY, IN AID OF LEGISLATION, ON
THE
PROBLEMS,
ISSUES
AND
CONCERNS AFFECTING THE DELIVERY
OF HOUSING AND RELATED SERVICES
BY
THE
NATIONAL
HOUSING
AUTHORITY (NHA) AND OTHER
AGENCIES
PARTICULARLY
IN
CALAMITY AREAS AND FOR OTHER
PURPOSES”
“RESOLUTION
DIRECTING
THE
APPROPRIATE COMMITTEE IN THE
HOUSE OF REPRESENTATIVES TO
CONDUCT AN INVESTIGATION, IN AID
OF LEGISLATION, TO DETERMINE THE
UNWARRANTED DELAY IN THE
RELEASE
OF
THE
FINANCIAL
ASSISTANCE
GRANTED
TO
STUDENTS/RECIPIENTS UNDER THE
TULONG DUNONG PROGRAM OF THE
COMMISSION ON HIGHER EDUCATION
(CHED) AND TO PROVIDE REMEDIAL
MEASURES
TO
PREVENT
THE
OCCURRENCE OF SIMILAR PROBLEM”
By Representative Dela Cruz
By Representative Villanueva
TO THE COMMITTEE ON RULES
TO THE COMMITTEE ON RULES
House Resolution No. 1940, entitled:
House Resolution No. 1941, entitled:
House Resolution No. 1945, entitled:
“A RESOLUTION CONGRATULATING AND
COMMENDING MAYOR JED PATRICK
MABILOG FOR BEING INCLUDED IN
THE 2014 WORLD MAYOR AWARDS”
“RESOLUTION CALLING FOR PEACE AND
EXPRESSING SUPPORT FOR HIS
EXCELLENCY, PRESIDENT BENIGNO S.
AQUINO III, IN THE QUEST TO INSTILL
LASTING PEACE IN THE PHILIPPINES”
By Representative Olivarez
TO
THE
COMMITTEE
GOVERNMENT
ON
LOCAL
House Resolution No. 1942, entitled:
“A
RESOLUTION CALLING ON THE
COMMITTEES
OF
WELFARE
OF
CHILDREN AND DANGEROUS DRUGS
TO
INVESTIGATE,
IN AID
OF
LEGISLATION, THE PDEA REPORT THAT
MORE MINORS WERE ARRESTED FOR
DRUGS IN 2014”
By Representative Castelo
TO THE COMMITTEE ON RULES
House Resolution No. 1943, entitled:
“RESOLUTION CONGRATULATING AND
COMMENDING
THE
2014
OUTSTANDING YOUNG MEN (TOYM)
OF THE PHILIPPINES AWARDEES”
By Representative Olivarez
TO THE COMMITTEE ON RULES
By Representatives Sarmiento (C.), GeronaRobredo, Bichara, Gonzales, BarcelonaReyes,
Panotes,
Ramos,
Batocabe,
Fuentebella, Fortuno, Bravo (M.), Kho and
Escudero
TO
THE COMMITTEE ON PEACE,
RECONCILIATION AND UNITY
House Resolution No. 1946, entitled:
“RESOLUTION URGING THE HOUSE
COMMITTEE
ON
HIGHER
AND
TECHNICAL EDUCATION, TO CONDUCT
INQUIRY, IN AID OF LEGISLATION, ON
ACCOUNTS OF INTIMIDATION AND
OTHER FORMS OF THREAT AND
DEMOCRATIC RIGHTS VIOLATIONS OF
THE UNIVERSITY OF THE EAST
MANILA
AND
CALOOCAN
ADMINISTRATIONS
ON
STUDENT
LEADERS WHO DENOUNCED AND
PROTESTED AGAINST TUITION AND
OTHER FEE INCREASES IN THEIR
RESPECTIVE CAMPUSES”
By Representative Ridon
TO THE COMMITTEE ON RULES
TUESDAY, MARCH 3, 2015
3
House Resolution No. 1947, entitled:
GOVERNMENT SUPPORT NEEDED FOR
A COMPREHENSIVE AND SUSTAINED
RELIEF
AND
REHABILITATION
PROGRAM IN THE REGION”
“RESOLUTION
ORGANIZING
THE
PHILIPPINES-ISRAEL PARLIAMENTARIANS' FRIENDSHIP ASSOCI-ATION”
By Representative Hicap
By Representative Del Mar
TO THE COMMITTEE ON RULES
TO
THE
COMMITTEE
ON
INTERPARLIAMENTARY RELATIONS AND
DIPLOMACY
House Resolution No. 1951, entitled:
“A
House Resolution No. 1948, entitled:
“RESOLUTION EXPRESSING PROFOUND
CONDOLENCES OF THE HOUSE OF
REPRESENTATIVES ON THE DEMISE OF
ALENG
CRISTINA
DAPIDRAN,
GRANDMOTHER
OF
HONORABLE
EMMANUEL D. PACQUIAO OF THE
LONE DISTRICT OF SARANGANI”
RESOLUTION CALLING ON THE
COMMITTEES OF PUBLIC ORDER AND
SAFETY AND NATIONAL DEFENSE AND
SECURITY TO INVESTIGATE, IN AID OF
LEGISLATION, THE REPORT THAT THE
MUSLIM REBELS RETURNED TO THE
GOVERNMENT
THE
CACHE
OF
WEAPONS THEY TOOK FROM THE
SLAIN
SAF
MEMBERS
FOR A
MONETARY CONSIDERATION”
By Representative Olivarez
By Representative Castelo
TO THE COMMITTEE ON RULES
TO THE COMMITTEE ON RULES
House Resolution No. 1949, entitled:
“RESOLUTION HONORING THE MEMORY
OF THE LATE KRISTEL MAE PADASAS
FOR BEING A POSITIVE ROLE MODEL
FOR THE YOUTH THROUGH HER
SELFLESS DEVOTION TO A LIFE OF
SERVICE FOR HER COUNTRYMEN IN
NEED AND FOR GOD, AND EXPRESSING
THE SINCERE CONDOLENCES AND
SYMPATHY OF THE HOUSE OF
REPRESENTATIVES FOR HER PASSING”
House Resolution No. 1952, entitled:
“A
RESOLUTION
EXPRESSING
THE
PROFOUND SENSE OF THE HOUSE OF
REPRESENTATIVES TO DECLARE 06
MARCH 2015 AS A 'NATIONAL DAY OF
HEALING FOR UNITY AND ALL-OUTPEACE, ALL-OUT-JUSTICE”
By Representatives Bello (S.), Gutierrez, Ilagan,
Belmonte (J.), Ramos, Deloso-Montalla, Gerona-Robredo, Turabin-Hataman, Mendoza
(R.), Hataman-Salliman and Balindong
By Representative Cayetano
TO
TO THE COMMITTEE ON RULES
House Resolution No. 1950, entitled:
“RESOLUTION
DIRECTING
THE
COMMITTEES
ON
POVERTY
ALLEVIATION, GOOD GOVERNMENT &
PUBLIC
ACCOUNTABILITY,
AND
NATIONAL DEFENSE & SECURITY TO
CONDUCT A JOINT INQUIRY, IN AID OF
LEGISLATION, ON THE ACTUAL
EXTENT AND NATURE OF DAMAGES
WROUGHT BY TYPHOONS RUBY AND
SENIANG ON YOLANDA-HIT AREAS IN
EASTERN VISAYAS IN ORDER TO MORE
ACCURATELY
DETERMINE
THE
AMOUNT
AND
FORMS
OF
THE COMMITTEE ON PEACE,
RECONCILIATION AND UNITY
House Resolution No. 1953, entitled:
“RESOLUTION URGING THE DEPARTMENT
OF
TRANSPORTATION
AND
COMMUNICATIONS
(DOTC)
TO
INCLUDE IN ITS BUDGET THE
P229,059,250.99 JUDGMENT AWARD IN
FAVOR OF 221 FORMER EMPLOYEES,
AGAINST THE DOTC'S THEN ATTACHED
AGENCY,
METRO
TRANSIT
ORGANIZATION,
INC.
(MTOI)
PURSUANT TO THE ENTRY OF
JUDGMENT
ISSUED
BY
THE
HONORABLE SUPREME COURT THIRD
DIVISION, TO SATISFY THE JUDGMENT
4
TUESDAY, MARCH 3, 2015
AWARD IN FAVOR OF THE SAID
FORMER EMPLOYEES OF MTOI WHO
ARE MEMBERS OF PIGLAS-NFWUKMU”
ADDITIONAL COAUTHORS
With the permission of the Body, the following
Members were made coauthors of the Bills and Resolution hereunder indicated:
By Representatives Colmenares and Zarate
TO THE COMMITTEE ON APPROPRIATIONS
House Resolution No. 1954, entitled:
Rep. Mariano U. Piamonte Jr. for House Bill No.
5493;
Rep. Mark A. Villar for House Bill No. 5489;
“RESOLUTION STRONGLY URGING THE
HOUSE COMMITTEE ON NATIONAL
DEFENSE
TO
CONDUCT
AN
INVESTIGATION,
IN
AID
OF
LEGISLATION, ON THE PERFORMANCE
AND ACTIVITIES OF THE JOINT
SPECIAL OPERATIONS TASK FORCEPHILIPPINES (JSOTF-P), A SPECIAL
FORCES PROGRAM OF THE UNITED
STATES WHICH RAN FROM 2002 UNTIL
2015, THAT ALLOWED US TROOPS TO
PARTICIPATE IN COMBAT OPERATIONS,
BUILD STRUCTURES, PREPOSITION
EQUIPMENT, ETC., DESPITE CLEAR
PROHIBITIONS OF THE 1987 PHILIPPINE
CONSTITUTION”
Rep. Marlyn L. Primicias-Agabas for House Bills
No. 5452, 5468 and 5469;
By Representative Ridon
Reps. Mariano U. Piamonte Jr., Magnolia C. Antonino, Estrellita B. Suansing and Kimi S. Cojuangco
for House Bills No. 2464 and 2700;
TO THE COMMITTEE ON RULES
House Resolution No. 1955, entitled:
“RESOLUTION
URGING
THE
GOVERNMENT TO CANCEL THE
MEMORANDUM
OF
AGREEMENT
ENTERED INTO BETWEEN CALIFORNIA
ENERGY CASECNAN WATER AND
ENERGY COMPANY (CE CASECNAN)
AND THE NATIONAL IRRIGATION
ADMINISTRATION
(NIA)
FOR
VIOLATIONS
OF
TERMS
AND
CONDITIONS OF THE MOA”
By Representative Padilla
TO THE COMMITTEE ON ENERGY
House Resolution No. 1956, entitled:
“RESOLUTION COMMENDING DR. HELENA
ZOILA BENITEZ FOR HER DYNAMIC
ROLE IN UPLIFTING THE STATUS OF
WOMEN IN THE PHILIPPINES”
By Representative De Venecia
TO THE COMMITTEE ON RULES
Rep. Winston “Winnie” Castelo for House Bill
No. 4024;
Rep. Nicasio M. Aliping Jr. for House Bill No.
2620;
Rep. Marlyn L. Primicias-Agabas for House Bills
No. 5336 and 5431;
Reps. Leah S. Paquiz, Gwendolyn F. Garcia,
Rosenda Ann Ocampo, Juliet R. Cortuna, Mariano U.
Piamonte Jr., Pryde Henry A. Teves, Sherwin T.
Gatchalian, Harlin C. Abayon and Magnolia C. Antonino for House Bills No. 5296 and 5337;
Reps. Rufus B. Rodriguez, Evelina G. Escudero,
Barry Gutierrez and Teddy Brawner Baguilat Jr. for
House Bill No. 2700;
Rep. Gerald Anthony V. Gullas Jr. for House Bill
No. 5057;
Rep. Teodorico T. Haresco Jr. for House Bill No.
982;
Reps. Gwendolyn F. Garcia, Napoleon S. Dy, Jim
Hataman-Salliman, Gus S. Tambunting, Conrado M.
Estrella III, Juliette T. Uy, Delph Gan Lee, Maryam
Napii Arbison, Erlinda M. Santiago and Raul V. Del
Mar for House Bill No. 2620;
Rep. Elmer E. Panotes for House Resolution No.
1876;
Rep. Rene L. Relampagos for House Bill No.
2306;
Reps. Silvestre "Bebot" H. Bello III, Florencio T.
Flores Jr., M.D., Eleanor C. Bulut-Begtang and Maria
Vida E. Bravo for House Bill No. 2620;
Rep. Maria Vida E. Bravo and Benhur L. Salimbangon for House Bill No. 5489;
TUESDAY, MARCH 3, 2015
Rep. Estrellita B. Suansing for House Bill No.
5449;
Rep. Eric L. Olivarez for House Bill No. 1516;
Rep. Juan Johnny R. Revilla for House Bill No.
3795;
Rep. Nancy A. Catamco for House Bills No. 2620
and 5431;
Rep. Aleta C. Suarez, Dakila Carlo E. Cua and
Elmer E. Panotes for House Bill No. 5373;
Rep. Terry L. Ridon for House Bill No. 5440;
Rep. Eleanor C. Bulut-Begtang for House Bill No.
443; and
5
Report by the Committee on Public Works and Highways and the Committee on Appropriations (Committee Report No. 581), re H. No. 5510, entitled:
“AN ACT CONVERTING THE ROAD
STRETCHING FROM BARANGAY FIVE
(5) TO BARANGAY IGCABUGAO, ALL OF
THE MUNICIPALITY OF IGBARAS,
PROVINCE OF ILOILO INTO A
NATIONAL ROAD AND APPROPRIATING
FUNDS THEREFOR”
recommending its approval in substitution of
House Bill No. 3420
Sponsors: Representatives Cosalan and Garin (O.)
TO THE COMMITTEE ON RULES
Rep. Marlyn L. Primicias-Agabas for House Bill
No. 5487.
COMMITTEE REPORTS
Report by the Committee on Public Works and Highways and the Committee on Appropriations (Committee Report No. 579), re H. No. 5508, entitled:
“AN ACT CONVERTING THE ROAD
STRETCHING
FROM
BARANGAY
SIBUCAUAN,
MUNICIPALITY
OF
TUBUNGAN
TO
BARANGAY
IGCABUGAO,
MUNICIPALITY
OF
IGBARAS, ALL OF THE PROVINCE OF
ILOILO INTO A NATIONAL ROAD AND
APPROPRIATING FUNDS THEREFOR”
recommending its approval in substitution of
House Bill No. 3417
Sponsors: Representatives Cosalan and Garin (O.)
TO THE COMMITTEE ON RULES
Report by the Committee on Public Works and Highways and the Committee on Appropriations (Committee Report No. 580), re H. No. 5509, entitled:
“AN ACT CONVERTING THE ROAD
STRETCHING
FROM
BARANGAY
POBLACION EAST TO BARANGAY
ALEGRE, ALL OF THE MUNICIPALITY
OF OTON, PROVINCE OF ILOILO INTO A
NATIONAL ROAD AND APPROPRIATING
FUNDS THEREFOR”
recommending its approval in substitution of
House Bill No. 3418
Sponsors: Representatives Cosalin and Garin (O.)
TO THE COMMITTEE ON RULES
Thereafter, on motion of Rep. Xavier Jesus “XJ”
D. Romualdo, the Chair recognized Rep. Elpidio F.
Barzaga Jr. on a question of personal and collective
privilege.
QUESTION OF PRIVILEGE
OF REP. BARZAGA
Rep. Barzaga spoke on the disqualification made
by the bids and awards committee (BAC) of the
Commission on Elections (Comelec) on the
prospective bidders, namely Smartmatic and Indra
Sistemas, for the lease with option to purchase
additional precinct count optical scan (PCOS)
machines and other necessary equipment to be used in
the automated May 2016 elections.
Citing the reasons of the BAC for disqualifying the
two bidders, he stated that the Comelec had
pronounced that on account of said disqualification,
their preparations for the coming 2016 elections would
be delayed by two months. He however pointed out
that Comelec’s planning and preparation should not
have been delayed because there was no need for a
second bidding considering that one of the two bids
should have been declared as responsive.
He then requested that his speech be immediately
referred to the Committee on Suffrage and Electoral
Reforms so it may conduct an investigation in aid of
legislation. He also said that per prior arrangement
with the Committee on Rules, he will not answer
interpellations related to his speech.
REFERRAL OF REP. BARZAGA’S SPEECH
On motion of Rep. Binay, there being no
objection, the Body referred Rep. Barzaga’s speech to
the Committee on Rules.
6
TUESDAY, MARCH 3, 2015
ACKNOWLEDGMENT OF GUESTS
Rep. Gerald Anthony V. Gullas Jr. acknowledged
the presence in the Session Hall of guests of Rep.
Imelda Quibranza-Dimaporo.
ADDITIONAL REFERENCE OF BUSINESS
Thereafter, on motion of Rep. Gullas, there being
no objection, the Body proceeded to the Additional
Reference of Business.
Upon direction of the Chair, the Secretary General
read on First Reading the title of the following
Resolution which was referred to the appropriate
Committee hereunder indicated:
RESOLUTION
House Resolution No. 1958, entitled:
“RESOLUTION CONVEYING THE HIGHEST
RECOGNITION AND COMMENDATION
TO THE PRESIDIUM OF THE DANISH
PARLIAMENT HEADED BY HONORABLE
MOGENS
LYKKETOFT,
SPEAKER OF THE DANISH PARLIAMENT, FOR THEIR COMMITMENT
TO THE IDEALS AND PRINCIPLES OF
DEMOCRACY, GOOD GOVERNANCE
AND SOCIAL DEVELOPMENT”
By Representatives Belmonte (F.), Gonzales and
Zamora (R.)
TO THE COMMITTEE ON RULES
ADOPTION OF CERTAIN
HOUSE RESOLUTIONS
On successive motions of Rep. Binay, there being
no objection, the Body considered the following
House Resolutions; dispensed with the reading of the
texts thereof without prejudice to their insertion into
the Record of the House; and unanimously adopted the
measures:
1. House Resolution No. 1958, entitled:
“RESOLUTION CONVEYING THE
HIGHEST
RECOGNITION
AND
COMMENDATION
TO
THE
PRESIDIUM OF THE DANISH
PARLIAMENT
HEADED
BY
HONORABLE MOGENS LYKKETOFT,
SPEAKER
OF
THE
DANISH
PARLIAMENT,
FOR
THEIR
COMMITMENT TO THE IDEALS AND
PRINCIPLES
OF
DEMOCRACY,
GOOD GOVERNANCE AND SOCIAL
DEVELOPMENT”; and
2. House Resolution No. 1956, entitled:
“RESOLUTION COMMENDING DR.
HELENA ZOILA BENITEZ FOR HER
DYNAMIC ROLE IN UPLIFTING THE
STATUS OF WOMEN IN THE
PHILIPPINES”.
Thereafter, on motion of Rep. Binay, the Chair
recognized Rep. Carlos Isagani T. Zarate who rose on
a question of privilege.
QUESTION OF PRIVILEGE OF REP. ZARATE
On the occasion of the 20 years of the Philippine
Mining Act of 1995 or Republic Act (RA) No. 7942,
Rep. Zarate reiterated the need to address the adverse
consequences brought about by large-scale mining to
the environment through the enactment of a new
mining law to replace RA No. 7942. He argued that the
mining law had failed its intended mandate to develop
and conserve natural resources for national economic
progress and protection of the affected people and
indigenous communities. This, as he enumerated
several grave environmental hazards that resulted from
large-scale mining operations, including those caused
by mining companies Marcopper, Lafayette, and
Philex and others, that could be gleaned from the
ongoing photo-exhibit in the North Lobby sponsored
jointly by the Committee on Indigenous Cultural
Communities and Indigenous Peoples and the
Committee on Natural Resources.
Thereupon, Rep. Zarate explained that however
substantial the contribution of the mining industry to
the country’s economic progress, important
consideration must be given to its social costs
particularly on the promotion of public health and the
conservation of the natural resources. He proposed a
complete restructuring of the Philippine Mining Act of
1995 and urged his peers to deliberate on House Bill
No. 171 which seeks to promote scientific, propeople
and proenvironment methods of mining. He
recommended the repeal of RA No. 7942 for its failure
to achieve its mandate.
REFERRAL OF REP. ZARATE’S SPEECH
On motion of Rep. Gullas, there being no
objection, the Body referred the speech of Rep. Zarate
to the Committee on Rules.
ACKNOWLEDGMENT OF GUESTS
At this juncture, Reps. Gullas and Francis Gerald
A. Abaya acknowledged the presence in the Session
TUESDAY, MARCH 3, 2015
Hall of guests of Reps. Teddy Brawner Baguilat Jr. and
Jeffrey D. Khonghun, respectively.
Rep. Francisco Emmanuel R. Ortega III also
acknowledged the presence in the Session Hall of
Parliamentarians from the Danish Parliament
Presidium and their spouses who were accompanied
by Philippine Ambassador to Oslo Bayani S. Mercado
and the officers of the Congressional Spouses
Foundation, Inc. headed by Quezon City Vice Mayor
Joy Belmonte.
SUSPENSION OF SESSION
To allow the Members to greet the guests, the
Chair motu proprio suspended the session at 4:59 p.m.
RESUMPTION OF SESSION
At 5:11 p.m., the session resumed with Speaker
Feliciano Belmonte Jr. presiding.
PRESENTATION OF HOUSE
RESOLUTION NO. 1958
Upon recognition by the Chair, Majority Leader
Neptali M. Gonzales II stated that the Body had earlier
adopted House Resolution No. 1958, conveying the
highest recognition and commendation to the
Presidium of the Danish Parliament headed by the
honorable Speaker Mogens Lykketoft for their
commitment to the ideals and principles of democracy,
good governance and social development.
Thereupon, on motion of Rep. Gonzales, there
being no objection, Speaker Mogens Lykketoft,
accompanied by his four Deputy Speakers, ascended
the rostrum to receive a copy of House Resolution No.
1958 from Speaker Belmonte.
SUSPENSION OF SESSION
On motion of Rep. Gonzales, the Chair suspended
the session at 5:15 to allow the Members to extend
their greetings to their guests.
RESUMPTION OF SESSION
At 5:18 p.m., the session resumed with Deputy
Speaker Puno presiding.
ROLL CALL
On motion of Rep. Binay, there being no
objection, the Chair directed the Secretary General to
call the Roll and the following Members were present:
Abad
Abaya
Abayon
7
Abu
Abueg
Acharon
Acosta-Alba
Adiong
Advincula
Aggabao
Agyao
Albano
Aliping
Almario
Almonte
Alvarez (M.)
Amatong (I.)
Antonino
Apostol
Aragones
Arbison
Arnaiz
Asilo
Atienza
Bagatsing
Baguilat
Balindong
Banal
Barcelona-Reyes
Barzaga
Batocabe
Belmonte (F.)
Belmonte (J.)
Benitez
Bichara
Binay
Bondoc
Bravo (A.)
Bravo (M.)
Cabilao
Cagas
Calalay
Calixto-Rubiano
Caminero
Castelo
Castro
Celeste
Cerafica
Cerilles
Chipeco
Co
Cojuangco (E.)
Colmenares
Cortuna
Cua
Cueva
Dalog
De Jesus
De Venecia
Defensor
Del Mar
8
TUESDAY, MARCH 3, 2015
Del Rosario (A.G.)
Del Rosario (A.A.)
Dela Cruz
Deloso-Montalla
Duavit
Echiverri
Enverga
Erice
Escudero
Espina
Fariñas
Ferriol
Flores
Fortun
Fortuno
Garay
Garcia (E.)
Garcia (G.)
Garin (R.)
Garin (S.)
Gatchalian (S.)
Gatchalian (W.)
Geron
Gerona-Robredo
Go (A.F.)
Gomez
Gonzales
Gonzalez
Gorriceta
Guanlao
Guiao
Gullas
Gunigundo
Gutierrez
Hicap
Hofer
Iway
Khonghun
Labadlabad
Lacson-Noel
Lagdameo (A.)
Lagdameo (M.)
Lee
Leonardia
Leonen-Pizarro
Lobregat
Loong
Macrohon-Nuño
Madrona
Magsaysay
Marcos
Matugas
Mellana
Mendoza (R.)
Mirasol
Nava (J.)
Nava (P.)
Noel
Nograles
Oaminal
Ocampo
Ong
Ortega (F.)
Padilla
Pancho
Panganiban
Panotes
Paquiz
Pernes
Piamonte
Pichay
Plaza
Primicias-Agabas
Puno
Quimbo
Radaza
Ramos
Relampagos
Reyes
Ridon
Rivera
Rodriguez (I.)
Rodriguez (M.)
Rodriguez (O.)
Rodriguez (R.)
Roman
Romarate
Romualdo
Romulo
Sacdalan
Sakaluran
Salimbangon
Salvacion
Santiago
Sarmiento (C.)
Sema
Singson (R.)
Suansing
Tambunting
Tan (A.)
Tejada
Teodoro
Teves
Tiangco
Tieng
Tinio
Tolentino
Treñas
Tugna
Tupas
Unabia
Ungab
Uy (R.)
Villanueva
Villar
Villarica
TUESDAY, MARCH 3, 2015
Violago
Yap (S.)
Yu
Zamora (R.)
Zarate
With 182 Members responding to the Call, the
Chair declared the presence of a quorum. (See also
Appendix 1)
UNFINISHED BUSINESS:
COMMITTEE REPORT NO. 518
ON HOUSE BILL NO. 5286
On motion of Rep. Ortega (F.), there being no
objection, the Body resumed consideration on Second
Reading of House Bill No. 5286, as contained in
Committee Report No. 518 and reported out by the
Committee on Economic Affairs.
Upon direction of the Chair, the Secretary General
read the title of the Bill, to wit:
“AN ACT PROMOTING A NATIONAL
COMPETITION POLICY FOR THE
PHILIPPINES,
PROHIBITING
ANTICOMPETITIVE
AGREEMENT
OR
CONDUCT, ABUSE OF DOMINANT
POSITION, ANTI-COMPETITIVE MERGERS AND ACQUISITIONS, AND OTHER
UNFAIR
TRADE
OR
BUSINESS
PRACTICES,
ESTABLISHING
THE
PHILIPPINE
COMPETITION
COMMISSION AND APPROPRIATING FUNDS
THEREFOR.”
At this point, Rep. Ortega stated that the
parliamentary status of the Bill was that it was still in
the period of sponsorship and debate.
On further motion of Rep. Ortega, the Chair
recognized Rep. Anthony G. Del Rosario to sponsor
the measure, and Rep. Magtanggol T. Gunigundo I to
interpellate thereon.
INTERPELLATION OF REP. GUNIGUNDO
Rep. Gunigundo discussed with Rep. Del Rosario
(A.G.) the question on whether the concept of antitrust regulation is new to the Philippines, and whether
congressional franchises can be considered as within
the purview of an anti-trust or competition law.
SUSPENSION OF SESSION
The Chair motu proprio suspended the session at
5:38 p.m.
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RESUMPTION OF SESSION
The session resumed at 5:41 p.m.
INTERPELLATION OF REP. GUNIGUNDO
(Continuation)
Rep. Del Rosario (A.G.) then concurred with Rep.
Gunigundo that anti-competitive behavior was also
addressed by other laws such as the Revised Penal
Code and Price Act, international agreements entered
into by the Philippines such as the World Trade
Organization-General Agreement on Tariffs and Trade
(WTO-GATT), and several jurisprudence. He affirmed
that House Bill No. 5286 would consolidate all of
these. He also agreed with a trade expert’s opinion
cited by Rep. Gunigundo that violations continued
despite the surfeit of laws because there were too many
enforcement agencies, the regulators lacked expertise
and information, and existing mechanisms did not
allow for easy prosecution.
Thereupon, Reps. Del Rosario and Gunigundo
discussed the composition, staffing pattern and budget
requirements of the proposed Philippine Competition
Commission (PCC), with both Members agreeing that
the salaries of the commissioners and personnel of the
PCC should be exempted from the Salary
Standardization Law (SSL) in order to hire the best and
the brightest in the field.
They next debated on the anti-competition version
that the Committee on Economic Affairs used in
crafting House Bill No. 5286. Rep. Gunigundo then
asked which particular provisions of the measure were
patterned after foreign anti-competition models.
SUSPENSION OF SESSION
The session was suspended at 6:13 p.m., upon
motion of Rep. Del Rosario (A.G.).
RESUMPTION OF SESSION
The session resumed at 6:15 p.m.
INTERPELLATION OF REP. GUNIGUNDO
(Continuation)
In reply, Rep. Del Rosario (A.G.) stated that some
anti-competitive agreements in the measure were
based from the United States (US) and European
Union (EU) models. He then next discussed with Rep.
Gunigundo the difference between the US and EU
Competition Laws and the goal and intent of House
Bill No. 5286.
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TUESDAY, MARCH 3, 2015
Then delving into the definition of the word
“entity” under Section 4(g) of the measure, Rep.
Gunigundo cited his reasons for his proposal to amend
the provision by excluding certain entities, like
cooperatives and nonprofit organizations, from the
coverage of the proposed law. The Sponsor agreed to
consider Rep. Gunigundo’s proposed amendments at
the proper time, including the need to incorporate in
the measure a nolo contendere provision or a plea of
no contest and to qualify the words “Filipino citizen”
as a qualification for appointment to the proposed
PCC.
Rep. Gunigundo also discussed with the Sponsor
his others concerns including, among others: 1) the
inclusion of a provision on Herfindahl-Hirschman
Index (HHI) in the measure; 2) issues concerning per
se and rule of reason violations; 3) coercive and
innocent monopolies; 4) the unintended consequences
of the proposed law; and 5) how the risk of “regulatory
capture” can be reduced by providing appropriate and
sufficient safeguards and incentives in the measure.
With regard to penalties provided under the Bill,
Rep. Del Rosario said that the Committee is amenable
to the proposal of the Members in increasing the same.
He also stated that the Committee would concede to
corresponding amendatory provisions that will further
improve the measure.
Thereupon, on motion of Rep. Romualdo, the
Chair recognized Rep. Jonathan A. Dela Cruz to
continue with his interpellation.
SUSPENSION OF SESSION
Thereupon, the Chair motu proprio suspended the
session at 7:15 p.m.
RESUMPTION OF SESSION
At 7:16 p.m., the session resumed.
INTERPELLATION OF REP. DELA CRUZ
(Continuation)
Upon resumption of session, Rep. Dela Cruz
deferred his pending query upon the request of the
Sponsor. He subsequently adverted to Section 6(a) of
the Bill and inquired whether the Committee would be
amenable to deleting the phrase “in good faith”
inasmuch as this can be considered a loophole to favor
big corporations abusing their dominant position.
Moreover, he explained that the aforementioned
phrase has no place in crafting the provisions of an
anti-competition law, explaining the legal basis thereof
in the enactment of similar anti-competition measures
in Europe and the US. He also proposed to delete the
said phrase as it appears on Section 7(g) of the Bill.
Rep. Del Rosario (A.G.) said the Committee
would be amenable to the proposed amendment if Rep.
Dela Cruz can submit an alternative to the phrase,
saying its deletion might change the meaning of the
provisions.
SUSPENSION OF SESSION
INTERPELLATION OF REP. DELA CRUZ
(Continuation)
Rep. Dela Cruz resumed his inquiry on the issue
of what constitutes anti-competitive behavior
specifically the definition of “abuse of dominant
position.” He further inquired into particular cases that
are relevant to crafting a definition of anti-competitive
behavior, particularly those which had been utilized in
the EU.
SUSPENSION OF SESSION
Thereupon, on motion of Rep. Del Rosario (A.G.),
the Chair suspended the session at 7:13 p.m.
RESUMPTION OF SESSION
At 7:14 p.m., the session resumed.
ACKNOWLEDGMENT OF GUESTS
With the permission of the Body, Rep. Romualdo
acknowledged the presence in the Session Hall of
guests of Reps. Salvio B. Fortuno, Anthony M. Bravo
and Jose L. Atienza, Jr.
On motion of Rep. Del Rosario (A.G.), the Chair
suspended the session at 7:24 p.m.
RESUMPTION OF SESSION
The session resumed at 7:30 p.m.
INTERPELLATION OF REP. DELA CRUZ
(Continuation)
Upon resumption of session, Reps. Dela Cruz and
Del Rosario discussed the possible deletion of not only
the phrase “in good faith” in the aforesaid Sections of
the measure but the entire paragraphs containing the
same. Thereafter, the Members talked about the
provision on permissible price differentials.
SUSPENSION OF SESSION
On motion of Rep. Del Rosario (A.G.), the Chair
suspended the session at 7:36 p.m.
RESUMPTION OF SESSION
The session resumed at 7:38 p.m.
TUESDAY, MARCH 3, 2015
INTERPELLATION OF REP. DELA CRUZ
(Continuation)
Whereupon, Reps. Dela Cruz and Del Rosario
(A.G.) agreed that the former will just discuss in
writing with the Sponsor his concern about
permissible price differentials so that he can present
amendments at the proper time.
On another matter, Rep. Dela Cruz inquired
whether there is a provision in the particular Act
regarding the abuse of buying power. Rep. Del Rosario
read Section 6(f) in response to his colleague’s query
and affirmed that the PCC would set standards as
regards purchase prices. He said that he will study
Rep. Dela Cruz’ request to delete two provisos in the
last paragraph of Section 6 as they negate the
prohibition on dominance. He also said that he will
consider at the proper time the latter’s proposal to
place a public interest clause in Section 8 in order to
protect workers’ interests in mergers and acquisitions.
TERMINATION OF THE PERIOD
OF SPONSORSHIP AND DEBATE
ON HOUSE BILL NO. 5286
On motion of Rep. Binay, there being no
objection, the Body terminated the period of
sponsorship and debate on House Bill No. 5286.
SUSPENSION OF CONSIDERATION
OF HOUSE BILL NO. 5286
Rep. Binay next moved for the suspension of
consideration on Second Reading of House Bill No.
5286. There being no objection, the motion was
approved.
OMNIBUS APPROVAL ON SECOND READING
OF HOUSE BILLS UNDER THE BUSINESS
FOR THURSDAY AND FRIDAY
On an omnibus motion of Rep. Binay, there being
no objection, the Body considered on Second Reading
the following House Bills calendared under the
Business for Thursday and Friday, as contained in
various Committee Reports submitted by the
Committees concerned; dispensed with the reading of
the texts of the measures without prejudice to their
insertion into the Record of the House; adopted the
Explanatory Notes as the sponsorship remarks on the
measures; terminated the period of sponsorship and
debate; approved the amendments as contained in the
Committee Reports, if any; terminated the period of
amendments; and approved the same on Second
Reading through viva voce voting:
11
1. House Bill No. 5171, as contained in
Committee Report No. 473 and submitted
by the Committee on Public Works and
Highways, naming the portion of the
national road connecting Isulan Highway
Jct.- Dukay – Bagumbayan – Senator
Ninoy Aquino – Kalamansig, Sultan
Kudarat, traversing the Municipality of
Senator Ninoy Aquino as ”President
Corazon Aquino National Highway”;
2. House Bill No. 5508, as contained in
Committee Report No. 579 and submitted
by the Committees on Public Works and
Highways and Appropriations, converting
the road stretching from Sibucauan,
Tubungan to Igcabugao, Igbaras, all of
Iloilo into a national road;
3. House Bill No. 5509, as contained in
Committee Report No. 580 and submitted
by the Committees on Public Works and
Highways and Appropriations, converting
the road stretching from Poblacion East to
Alegre, all of Oton, Iloilo into a national
road; and
4. House Bill No. 5510, as contained in
Committee Report No. 581 and submitted
by the Committees on Public Works and
Highways and Appropriations, converting
the road stretching from Barangay 5 to
Igcabucao, all of Igbaras, Iloilo into a
national road.
REFERRAL OF CERTAIN HOUSE
RESOLUTIONS ON INQUIRIES
IN AID OF LEGISLATION
On successive motions of Rep. Binay, there being
no objection, the Body approved to refer the following
House Resolutions on inquiries in aid of legislation to
the appropriate Committees hereunder indicated:
1. House Resolution 1828, to immediately
conduct an investigation and introduce
appropriate measures to stop the rampant
entry of smuggled rice, logs and sugar in
Zamboanga City – to the Committee on
Agriculture and Food and the Special
Committee on Food Security;
2. House Resolution 1883, on the
implementation of the free and prior
informed consent (FPIC) and other
provisions of Republic Act No. 8371
known as the Indigenous Peoples Rights
Act (IPRA) – to the Committee on
12
TUESDAY, MARCH 3, 2015
Indigenous Cultural Communities and
Indigenous Peoples; and
3. House Resolution 1884, on the status,
implementation, guidelines and funding
requirements for FY 2016, of the DPWHDOT convergence program in the country
– to the Committee on Public Works and
Highways.
ADJOURNMENT OF SESSION
On motion of Rep. Binay, there being no
objection, the Chair then declared the session
adjourned until four o’clock in the afternoon of
Wednesday, March 4, 2015.
It was 7:52 p.m.
----------------------------------------------------------I hereby certify to the correctness of the foregoing.
(Sgd.) ATTY. MARILYN B. BARUA-YAP
Secretary General
Approved on March 4, 2015.
(Appendix I)
Congress of the Philippines
House of Representatives
Quezon City, Philippines
MEMBERS' ATTENDANCE
Date: March 03, 2015
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ABAD
ABAYA
ABAYON
ABELLANOSA
ABU
ABUEG
ACEDILLO
ACHARON
ACOP
ACOSTA-ALBA
ADIONG
ADVINCULA
AGARAO
AGGABAO
AGLIPAY-VILLAR
AGYAO
ALBANO
ALCALA
ALEJANO
ALIPING
ALMARIO
ALMONTE
ALVAREZ (F.)
ALVAREZ (M.)
AMANTE
AMATONG (I.)
AMATONG (R.)
ANDAYA
ANGARA-CASTILLO
ANGPING
ANTONINO
ANTONIO
APOSTOL
ARAGONES
ARBISON
ARENAS
ARNAIZ
ARROYO
ASILO
ATIENZA
AUMENTADO
BAG-AO
BAGATSING
BAGUILAT
BALINDONG
BANAL
BARCELONA-REYES
BARZAGA
* BATAOIL
BATOCABE
***** BAUTISTA
***** BELLO (S.)
***** BELLO (W.)
BELMONTE (F.)
BELMONTE (J.)
**** BELMONTE (V.)
BENITEZ
**** BERNOS
***** BIAZON
BICHARA
BINAY
***** BIRON
BONDOC
* BONOAN
BRAVO (A.)
BRAVO (M.)
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* BULUT-BEGTANG
CABILAO
CAGAS
CALALAY
CALIXTO-RUBIANO
CAMINERO
***** CARI
CASTELO
CASTRO
***** CATAMCO
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CELESTE
CERAFICA
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CO
COJUANGCO (E.)
***** COJUANGCO (K.)
***** COLLANTES
COLMENARES
CORTUNA
***** COSALAN
* CRUZ-GONZALES
CUA
CUEVA
DALOG
***** DAYANGHIRANG
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DE JESUS
DE VENECIA
DEFENSOR
DEL MAR
DEL ROSARIO (A.G.)
DEL ROSARIO (A.A.)
DELA CRUZ
DELOSO-MONTALLA
DIMAPORO (A.)
DIMAPORO (I.)
DUAVIT
DURANO
DY
ECHIVERRI
ENVERGA
ERICE
ERIGUEL
ERMITA-BUHAIN
ESCUDERO
ESPINA
ESTRELLA
EVARDONE
FARIÑAS
FERNANDEZ
FERRER (J.)
FERRER (L.)
FERRIOL
FLORES
FORTUN
FORTUNO
FUENTEBELLA
GARAY
GARCIA (E.)
GARCIA (G.)
GARCIA-ALBANO
GARIN (R.)
GARIN (S.)
GATCHALIAN (S.)
GATCHALIAN (W.)
GERON
GERONA-ROBREDO
GO (A.C.)
GO (A.F.)
GOMEZ
GONZALES
GONZALEZ
GORRICETA
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GUANLAO
GUIAO
GULLAS
GUNIGUNDO
GUTIERREZ
HAGEDORN
HARESCO
HATAMAN-SALLIMAN
HERNANDEZ
HICAP
HOFER
ILAGAN
IWAY
JALOSJOS
JAVIER
KHO
KHONGHUN
LABADLABAD
LACSON-NOEL
LAGDAMEO (A.)
LAGDAMEO (M.)
LAGMAN
LANETE
LEACHON
LEDESMA
LEE
LEONARDIA
LEONEN-PIZARRO
LOBREGAT
LOONG
LOPEZ (C.)
LOPEZ (C.J.)
LOYOLA
MACAPAGAL-ARROYO
MACROHON-NUÑO
MADRONA
MAGSAYSAY
MANALO
MANGUDADATU
MARCOS
MASONGSONG
MATUGAS
MELLANA
MENDOZA (J.)
MENDOZA (M.)
MENDOZA (R.)
MERCADO
MERCADO-REVILLA
MIRASOL
MONTEJO
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NAVA (J.)
NAVA (P.)
NOEL
NOGRALES
OAMINAL
OCAMPO
OLIVAREZ
ONG
ORTEGA (F.)
ORTEGA (V.)
PACQUIAO
PADILLA
PADUANO
PAEZ
PAGDILAO
PANCHO
PANGANIBAN
PANOTES
PAQUIZ
PERNES
PIAMONTE
PICHAY
PLAZA
PONCE ENRILE
PRIMICIAS-AGABAS
PUNO
QUIMBO
QUISUMBING
RADAZA
RAMIREZ-SATO
RAMOS
RELAMPAGOS
REVILLA
REYES
RIDON
RIVERA
ROBES
RODRIGUEZ (I.)
RODRIGUEZ (M.)
RODRIGUEZ (O.)
RODRIGUEZ (R.)
ROMAN
ROMARATE
ROMUALDEZ
ROMUALDO
ROMULO
ROQUE
SACDALAN
SAHALI
SAKALURAN
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SALIMBANGON
SALVACION
SANTIAGO
SARMIENTO (C.)
SARMIENTO (M.)
SEMA
SEÑERES
SINGSON (E.)
SINGSON (R.)
SUANSING
SUAREZ
SY-ALVARADO
TAMBUNTING
TAN (A.)
TAN (M.)
TEJADA
TEODORO
TEVES
TIANGCO
TIENG
TING
TINIO
TOLENTINO
TREÑAS
TUGNA
TUPAS
TURABIN-HATAMAN
TY
UMALI (C.)
UMALI (R.)
UNABIA
UNGAB
UY (J.)
UY (R.)
VARGAS
VARGAS-ALFONSO
VELARDE
VELASCO
VILLANUEVA
VILLAR
VILLARICA
VIOLAGO
YAP (A.)
YAP (S.)
YU
ZAMORA (M.)
ZAMORA (R.)
ZARATE
ZUBIRI
Appeared before/after Roll Call
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Absent without notice