Philippine Laws: February 2011

Another month gone, another month without any new laws approved.  But, there’s no need to fret.  The Legislative-Executive Development Advisory Council (LEDAC) had their 111th meeting this month (but the first under P-Noy), and discussed the 23 priority bills of the Aquino administration (let’s call them “P-Bills”).

The P-Bills fall under five general groupings—Human Development; Infrastructure Development; Economic Development; Sovereignty, Security and Rule of Law; and Good Governance.

The Human Development P-Bills include the acts (a) creating the Department of Housing and Urban Development (let’s not call this the “DHUD”); (b) rationalizing the nightwork prohibition on women workers; (c) enhancing the curriculum and increasing the number of years for basic education; (d) providing a definite targeting strategy in identifying the poor (for purposes of the National Health Insurance Act); and (e) reorganizing the National Food Authority into the National Food Corporation (let’s not call this the “NaFooCor”) and the Food Development and Regulatory Administration.

The Infrastructure P-Bills include the acts (i) amending Republic Act No. (RA) 6957 as amended, or the Act Authorizing the Financing, Construction, Operation and Maintenance of Infrastructure Projects by the Private Sector; (ii) amending RA 9136, or the Electric Power Industry Reform Act of 2001; and (iii) rationalizing the economic regulation of water utilities by, among others, creating the Water Regulatory Commission (let’s not call this the “WaR Commission”).

Philippine Laws: January 2011

In the absence of any new law approved in January 2011, it may be interesting to discuss the legislative bill that has created a lot of ruckus in recent weeks—the Consolidated Reproductive Health (RH) Bill of the 15th Congress. 

By way of background, there have been five RH Bills filed with the 15th Congress—(a) the 28-section House Bill No. 96, introduced by Hon. Edcel C. Lagman; (b) the 25-section House Bill No. 101, introduced by Hon. Janette L. Garin, M.D.; (c) the 24-section House Bill No. 1160, introduced by Hon. Rodolfo G. Biazon; (d) the 7-section House Bill No. 1520, introduced by Hon. Augusto Boboy Syjuco, PhD; and (e) the 36-section House Bill No. 3387, introduced by Gabriela’s Hon. Luzviminda C. Ilagan, Anakpawis’s Hon. Rafael Mariano, ACT Teachers’ Hon. Antonio Tinio, and Kabataan Partylist’s Raymond Palatino.

The Consolidated RH Bill proposes to enact “The Responsible Parenthood, Reproductive Health and Population and Development Act of 2011.”  Its Declaration of Policy appears laudable as it declares that (i) the State recognizes and guarantees “the exercise of the universal basic human right to reproductive health by all persons, particularly of parents, couples and women, consistent with their religious convictions, cultural beliefs and the demands of responsible parenthood” and, toward this end, “there shall be no discrimination against any person on grounds such as sex, age, religion, sexual orientation, disabilities, political affiliation and ethnicity”; (ii) the State recognizes and guarantees “the promotion of gender equality, equity and women’s empowerment as a health and human rights concern” and “the promotion of the welfare and rights of children”; (iii) the State likewise guarantees “universal access to medically-safe, legal, affordable, effective and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon even as it prioritizes the needs of women and children, among other underprivileged sectors”; and (iv) the State shall “eradicate discriminatory practices, laws and policies that infringe on a person’s exercise of reproductive health rights”.

So, why then are there vehement oppositions to the Consolidated RH Bill, especially from certain church leaders and stalwarts?

Philippine Laws: December 2010

After failing to write a blog last month because of the absence of any new laws, I had hoped that this month will allow me to have a good “blogging” start for this new year of this new decade.  Unfortunately, P-Noy was again not able to approve any new law in December 2010. . . except for the 2011 national budget, which was approved on December 27, 2010 as Republic Act No. 10147.

It is reported that this is the first time that we have approved a national budget, before the end of the year, in almost a decade.  In the recent past, we would operate under a re-enacted budget because of the failure of Congress to ratify a budget bill, or of the President to sign a ratified bill, before the end of the year.

Set forth below are some of my notes on the 2011 national budget:

1.     While the 2011 national budget was reported to amount to PhP 1.645 Trillion, the Total New Appropriations amount to PhP 1.000 Trillion, the Automatic Appropriations amount to PhP 711.5 Billion, and the Debt Service – Principal Amortizations amount to PhP 466.2 Billion, resulting in the total of PhP 2.178 Trillion.  (As of the time of this blog, I have not been able to get an explanation regarding the reported national budget, and the total of Total New Appropriations, Automatic Appropriations and Debt Service – Principal Amortizations.  So, for purposes of this blog, I will consider the total national budget to be the latter.)

2.     The Total New Appropriations amount to 45.9% of the total national budget of PhP 2.178 Trillion.  The Automatic Appropriations amount to 32.67%, and the Debt Service – Principal Amortizations amount to 21.4%. The 2011 Total New Appropriations is PhP 304.1 Billion lower than that in 2010; but, the 2011 Automatic Appropriations is PhP 356.4 Billion higher, and the 2011 Debt Service – Principal Amortizations is PhP 60.8 Billion higher.

3.     Of the Total New Appropriations, the highest budget was given to the Department of Education, which was allotted PhP 192.3 Billion, or 19.22 % of the Total New Appropriations.  The Department of National Defense was allotted PhP 104.5 Billion (10.44%), and the Department of Public Works and Highways was allotted PhP 100.8 Billion (10.08%).

Philippine Laws: October 2010

Another month has passed in the presidency of P-Noy and the 15th Congress, and no new law has been approved.  One may wonder, if the rumours were true, why several congressmen took time out to fly to Texas to cheer their fellow congressman, Hon. Emmanuel “Manny, the PacMan” Pacquiao  demolish Antonio “the Tijuana Tornado” Margarito.  But, don’t get me wrong.  The PacMan did all of us proud—he showed the world how good Filipinos can be—not only as a fighter (as he battered a taller and heavier Margarito) but as an honourable man (by allowing Margarito to finish the fight).   It may be interesting to note how the PacMan has fared in the “ring” that is the Halls of Congress.

In his short stint in the House of Representatives, the PacMan (who is Vice-Chairperson of 2 House Committees—on the Millenium Development Goals, and on Youth and Sports Development—and member of 11 other House Committees) has delivered 2 privileged speeches, sponsored/authored 4 bills, and co-authored 19 bills/resolutions.

The PacMan read his first privilege speech on August 10, which dealt with his legislative agenda for his province of Sarangani.  He stressed his intention to (a) diversify the production, post-harvest and marketing processes of corn, rice and coconut; (b) improve the livelihood, health and education of the people; (c) pursue Sarangani’s access to the rest of the country by building RORO ports and putting up satellite government offices at strategic places; (d) adhere to the principles of transparent and accountable governance; (e) implement a reforestation plan; and (f) bring back the clear blue waters and plentiful marine life along the Sarangani coastline.  His second privilege speech, read on August 31, was on the plight of the OFWs and human trafficking.  He encouraged the government to declare an all-out war against human trafficking in and outside of the country, and proposed to (i) increase the budgets for the agencies concerned; (ii) strengthen the anti-trafficking act of 2003; and (iii) give more teeth to the Witness Protection Program.  He also suggested that Congress pass a law to help domestic household helpers.

Of the 4 bills the PacMan sponsored/authored (all with Hon. Emmanuel Dapidran), 3 were of national significance: (a) HB02380, an Act to prohibit cellphone network companies from sending unsolicited material to their subscribers via text or SMS; (b) HB02381, an Act providing for the establishment of Breast Care Centers in every region nationwide; and (c) HB02773, an Act prohibiting the presidential re-nomination or re-appointment of a nominee or appointee whose nomination or appointment had been twice by-passed by the Commission on Appointments.  He also sponsored a local bill (HB 02379) establishing the Sarangani Provincial Hospital.  The most notable of the bills the PacMan co-authored were: (i) HB00093, an Act to strengthen and enhance the use of English as the medium of instruction in Philippine schools; (ii) HB01291, an Act mandating an immediate validation process to determine the Bataan Nuclear Power Plant’s operability, culminating in either the immediate rehabilitation, certification and commercial operation, or the immediate permanent closure and salvage value recovery of the Bataan Nuclear Power Plant; (iii) HB02142, an Act upgrading the Minimum Salary Grade of Public School Teachers from Salary Grade 11 to 15; (iv) HB02889, strengthening the Barangay Nutrition Scholar Program; (v) HB03152, an Act declaring December 25-31 and January 1 as special non-working holidays; and (vi) HB03252, an Act creating the Philippine Millenium Development Fund.

Philippine Laws: September 2010

On the fourth month of his presidency and the third month of the 15th Congress, P-Noy was again not able to approve a new law in September 2010.  One law, however, was published in two newspapers of general circulation on October 9, 2010, and consequently became effective on October 24, 2010.  This was Republic Act No. 10143, or the Philippine Tax Academy Act, which was approved by the House of Representatives on February 1, 2010 and by the Senate on June 4, 2010, and lapsed into law on July 31, 2010 without the signature of President GMA.

The Act created the Philippine Tax Academy which shall serve as a learning institution of primarily tax collectors and administrators of government.  It will handle all the trainings, continuing education program, and other courses for all officials and personnel of the Bureau of Internal Revenue (BIR), the Bureau of Customs (BOC), and the Bureau of Local Government Finance (BLGF).  The Academy will develop and implement a curriculum not only on the technical aspects of tax collection, administration and compliance, but also on the career orientation and development for civil servants.  It shall seek to mold, develop and enhance the skills and knowledge, moral fitness, efficiency and capability of tax collectors and administrators.

All existing officials and personnel of the BIR, BOC and BLGF are required to undergo the re-tooling and enhancement seminars and training programs of the Academy.  Moreover, all applicants are required to pass the basic courses before they can be hired by these government agencies whether on a contractual or permanent status.

The Academy will have a 7-member Board of Trustees, with the representative from the Department of Finance as ex officio Chairperson, the representatives from the BIR and BOC as ex officio Vice-Chairpersons, the representative from the BLGF and 3 representatives from the academe (with 5-year teaching experience from reputable schools) as members.  The representatives from the BIR, the BOC and the BLGF will be chosen from nominees of the Secretary of Finance, while the representatives from the academe will be chosen from nominees of state universities and/or accredited private educational institutions. The members of the Board of Trustees will serve for a term of 3 years.

Philippine Laws: August 2010

Again, P-Noy was not able to approve any new law in August 2010, the second month of the 15th Congress. It may be interesting to note some of the bills that have already been submitted for the consideration of Congress. This month, I will discuss those filed in the Senate.

The first Senate bill for the 15^th Congress was filed on July 1, 2010 by Sen. Juan Ponce Enrile, Sen. Antonio “Sonny” F. Trillanes, and Sen. Ralph G. Recto. Senate Bill No. (“SBN”) 1 is the “COMPETITION ACT OF 2010”, which is an act penalizing unfair trade and anti-competitive practices in restraint of trade, unfair competition, and abuse of dominant power.

On July 1, 2010, the first day of the 15^th Congress, 101 bills were filed. Top-notchers were Senators Trillanes, Ramon A. Revilla, Manuel “Lito” M. Lapid, Edgardo J. Angara, Manny B. Villar, Jinggoy P. Ejercito-Estrada, and Miriam Defensor Santiago, who each sponsored 10 bills. Sen. Ralph G. Recto co-sponsored 10 bills. Senators Loren Legarda and Vicento Soto III sponsored 7 bills; Sen. Francis “Chiz” G. Escudero sponsored 4 bills; and Sen. Enrile sponsored 3 bills. 10 other bills appear to have no specific sponsor.

In August, only 2 bills were filed:

1.     SBN-2377, RESETTING THE BARANGAY AND SANGGUNIANG KABATAAN ELECTIONS, filed on August 10, 2010 by Sen. Ferdinand “Bongbong” R. Marcos (an Act amending Sections 1 and 4 of Republic Act No. 9340 and resetting the Barangay and Sanguniang Kabataan Elections, among others); and

2.     SBN-151, INDIGENT SENIOR CITIZENS, filed on August 3, 2010 by Senators Recto and Escudero (an Act appropriating the sum of P3,500,000,000.00 as supplementary appropriations for the fiscal year 2010 to finance the monthly social pension for indigent senior citizens, as provided for by Republic Act No. 9994 or the Expanded Senior Citizens Act of 2010)