Journal: Senat:e

REPUBLIC OF THE PHILIPPINES
Senat:e
Pasay City
Journal
SESSION NO. 10
Wednesday, August 17, 2011
FIFTEENTH CONGRESS
SECOND REGULAR SESSION
SESSION NO. 10
Wednesday, August 17, 2011
CALL TO ORDER
At 4: II p.m., the Senate President, Hon. Juan
Ponce Enrile, called the session to order.
PRAYER
Sen. Gregorio B. Honasan led the prayer, to wit:
In this month of Ramadan, we remem-
ber our Muslim brethren who, in these
times of challenge and introspection, fast
in solidarity with the poor and oppressed,
thanking God for the blessings of life.
God Almighty, Allah, You are known by
many names.
Help us celebrate our differences as we
worship and honor You amidst our diversity.
Remind us that we are one nation and one
people under one flag and one God.
Guide us on the path of truth and faith,
allowing us not only to speak and think,
but live as Christians and members of the
human family.
We ask these in Your Holy Name,
Amen.
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the Chair
suspended the session.
It was 4:12 p.m.
RESUMPTION OF SESSION
At 4: 13 p.m., the session was resumed.
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:
Arroyo, J. P.
Cayetano, P. S.
Defensor Santiago, M.
Drilon, F. M.
Ejercito Estrada, J.
Enrile, J. P.
Escudero, F. J. G.
Honasan, G. B.
Lacson, P. M.
Lapid, M. L. M.
Legarda, L.
Marcos Jr., F. R.
Osmefia Ill, S. R.
Pimentel Ill, A. K.
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 Angara and Recto arrived after the
roll call.
Senators Cayetano (Al, Guingona and Pangilinan
were on official mission.
At this juncture, Senate President Enrile
relinquished the Chair to Senate President Pro
Tempore Ejercito Estrada.
144
APPROVAL OF THE JOURNAL
AS CORRECTED
Upon motion of Senator Sotto, there being no
objection, the Body dispensed with the reading of the
Journal of Session No, 9 (August 16, 20 II) and
considered it approved, SUbject to the correction
made by Senator Arroyo on page 136, right column,
third paragraph,
REFERENCE OF BUSINESS
The Secretary of the Senate read the following
matters and the Chair made the corresponding
referrals:
MESSAGE FROM THE
, HOUSE OF REPRESENTATIVES
Letter from the House of Representatives, informing
the Senate that on 3 August 2011, the House of
Representatives passed the following House
bills in which it requested the concurrence ofthe
Senate:
House Bill No, 4443, entitled
AN ACT PROVIDING FOR TAX
EXEMPTIONS AND SUBSIDIES FOR
THE LOCAL MUSIC INDUSTRY,
AMENDING FOR THIS PURPOSE
CERTAIN SECTIONS OF THE
LOCAL GOVERNMENT CODE
OF 1991
To the Committees on Local Government;
and Ways and Means
AN ACT PROMOTING POSITIVE AND
NONVIOLENT DISCIPLINE OF
CHILDREN AND APPROPRIATING
FUNDS THEREFOR
To the Committees on Youth, Women and
Family Relations; Justice and Human Rights;
and Finance
AN ACT CREATING A REGIONAL
TRIAL COURT BRANCH IN THE
WEDNESDAY, AUGUST 17, 2011
PROVINCE OF AURORA TO BE
STATIONED AT THE MUNICIPAL-
ITY OF CASIGURAN, AMENDING
FOR THE PURPOSE SECTION 14,
PARAGRAPH (E) OF BATAS PAM-
BANSA BLG, 129, OTHERWISE
KNOWN AS "THE JUDICIARY
REORGANIZATION ACT OF 1980,"
AS AMENDED, AND APPROPRIAT-
ING FUNDS THEREFOR
To the Committees on Justice and Human
Rights; and Finance
AN ACT ESTABLISHING AN INTE-
GRATED SCHOOL IN BARANGA Y
STO, NINO, BACON DISTRICT, CITY
OF SORSOGON TO BE KNOWN AS
STO, NINO INTEGRA TED SCHOOL
AND APPROPRIATING FUNDS
THEREFOR
To the Committees on Education, Arts and
Culture; and Finance
AN ACT CONVERTING THE ACAO
NATIONAL HIGH SCHOOL IN
BARANGAY ACAO, MUNICIPALITY
OF BAUANG, PROVINCE OF LA
UNION INTO A NATIONAL VOCA-
TIONAL HIGH SCHOOL TO BE
KNOWN AS EULOGIO CLARENCE
DE GUZMAN JUNIOR MEMORIAL
NATIONAL VOCATIONAL HIGH
SCHOOL AND APPROPRIATING
FUNDS THEREFOR
To the Committees on Education, Arts and
Culture; and Finance
House Bill No. 4758, entitled
AN ACT DECLARING THE NORTHWEST
PANAY PENINSULA LOCATED IN
THE MUNICIPALITIES OF NABAS,
MALAY AND BURUANGA, PROV-
INCE OF AKLAN, AND IN THE
MUNICIPALITIES OF LIBERTAD
AND PANDAN, PROVINCE OF
/IV
ANTIQUE AS A PROTECTED AREA
UNDER THE CATEGORY OF
NATURAL PARK, PROVIDING FOR
ITS MANAGEMENT AND FOR
OTHER PURPOSES
To the Committees on Environment and
Natural Resources; and Finance
AN ACT ESTABLISHING TRADING
CENTERS FOR MARINE AND
AGRICULTURAL PRODUCTS
IN ALL SUITABLE AREAS IN
THE PROVINCE OF TAWI-TAWI
AND APPROPRIATING FUNDS
THEREFOR
To the Committees on Agriculture and
Food; and Finance
AN ACT PENALIZING THE IMPOSITION
OF A "NO PERMIT, NO EXAM"
POLICY OR ANY SUCH POLICY
THAT PROHIBITS STUDENTS OF
POST-SECONDARY AND HIGHER
EDUCATION FROM TAKING THEIR
MIDTERM OR FINAL EXAMINA-
TIONS DUE TO UNPAID TUITION
AND OTHER SCHOOL FEES
To the Committee on Education, Arts and
Cnltnre
AN ACT AMENDING CERTAIN PROVI-
SIONS OF REPUBLIC ACT NO, 7581,
ENTITLED "AN ACT PROVIDING
PROTECTION TO CONSUMERS BY
STABILIZING THE PRICES OF
BASIC NECESSITIES AND PRIME
COMMODITIES AND BY PRESCRIB-
ING MEASURES AGAINST UNDUE
PRICE INCREASES DURING
EMERGENCY SITUATIONS AND
LIKE OCCASIONS" AND FOR
OTHER PURPOSES
To the Committee on Trade and Commerce
AN ACT PROHIBITING RACIAL,
ETHNIC AND RELIGIOUS DISCRI-
MINATION
145
To the Committees on Cnltural Communities;
aud Social Justice, Welfare and Rural Development
AN ACT PROVIDING FOR A COMPRE-
HENSIVE HAZARDOUS AND
RADIOACTIVE WASTES MANAGE-
MENT, PROVIDING PENALTIES
FOR VIOLATIONS THEREOF AND
FOR OTHER PURPOSES
Natural Resources; Health and Demography;
Ways and Means; and Finance
AN ACT DECLARING THE PROVINCE
OF ROMBLON A MINING FREE
ZONE AND PROVIDING PENALTIES
FOR VIOLATIONS THEREOF
To the Committee on Environment and
Natural Resources
AN ACT CREATING THE PROVINCE
OF NUEVA CAMARINES
To the Committees on Local Government;
and Constitutional Amendments, Revision of
Codes and Laws
AN ACT SUBDIVIDING THE ONE-
BARANGA Y MUNICIPALITY OF
DUMALNEG IN THE PROVINCE OF
ILOCOS NORTE INTO THREE (3)
DISTINCT AND INDEPENDENT
BARANGA YS TO BE KNOWN AS
BARANGA Y KALA W, BARANGA Y
CABARITAN AND BARANGAY
QUIBEL
To the Committee on Local Government
At
146
AN ACT DECLARING THE ALIWAGWAG
FALLS LOCATED IN THE MUNICI-
PALITIES OF BOSTON AND CATEEL,
PROVINCE OF DAVAO ORIENTAL,
AND THE MUNICIPALITY OF
COMPOSTELA, PROVINCE OF
COMPOSTELA VALLEY AS A
PROTECTED AREA, PROVIDING
FOR ITS MANAGEMENT AND FOR
OTHER PURPOSES
Natural Resources; and Fiuance
AN ACT ESTABLISHING CERTAIN
AREAS IN THE ISLANDS OF
SIARGAO AND BUCAS GRANDE
LOCATED IN THE MUNICIPALITIES
OF BURGOS, DAPA, DEL CARMEN,
GENERAL LUNA, PILAR, SAN
BENIro, SAN ISIDRO, STA. MONICA
AND SOCORRO, PROVINCE OF
SURIGAO DEL NORTE AS A
PROTECTED AREA UNDER THE
CATEGORY OF PROTECTED LAND-
SCAPE AND SEASCAPE, PROVID-
ING FOR ITS MANAGEMENT AND
FOR OTHER PURPOSES
AN ACT ESTABLISHING THE
PASONANCA WATERSHED FOREST
RESERVE LOCATED IN ZAMBOANGA
CITY AS A PROTECTED AREA
UNDER THE CATEGORY OF
NATURAL PARK, PROVIDING FOR
ITS MANAGEMENT AND FOR
OTHER PURPOSES
and House Bill No. 4840, entitled
AN ACT REGULATING THE PRODUC-
TION, IMPORTATION, SALE,
WEDNESDAY. AUGUST 17.2011
PROVISION, USE, RECOVERY,
COLLECTION, RECYCLING AND
DISPOSAL OF PLASTIC BAGS
To the Committees on Trade and Commerce;
Environment and N atnral Resonrces; and
Finance
BILL ON FIRST READING
Senate Bill No. 2937, entitled
AN ACT DECLARING MAY 22 OF EVERY
YEAR AS A SPECIAL NON-WORK-
ING HOLIDAY IN THE PROVINCE
OF GUIMARAS TO COMMEMORATE
ITS ANNIVERSARY
Introduced by Senator Sotto III
To the Committee on Local Government
RESOLUTIONS
Proposed Senate Resolution No. 562, entitled
RESOLUTION CONGRATULATING AND
COMMENDING THE COUNTRY'S
OUTSTANDING POLICEMEN IN
SERVICE (C.O.P.8) OF 2011
Introduced by Senator Lacson
To the Committee on Rules
RESOLUTION CONGRATULATING AND
COMMENDING THE COUNTRY'S
OUTSTANDING POLICEMEN IN
SERVICE (COPS) OF 2011 AWARDED
BY THE ROTARY CLUB OF NEW
MANILA EAST, METROBANK
FOUNDATION, INC. AND PSBANK
Introduced by Senator Honasan II
COMMUNICA TlONS
Letter from the Bangko Sentral ng Pilipinas,
dated 5 August 2011, furnishing the Senate with
.F
WEDNESDAY, AUGUST 17,2011
a copy of BSP Circular No. 731, series of 20 II,
dated 28 July 2011, in compliance with Section
\5(a) of Republic Act No. 7653 (The New
Central Bank Act).
To the Committee on Banks, Financial
Institutions and Currencies
Letter from Quedan and Rural Credit Guarantee
Corporation (QUEDANCOR), dated 10 August
20 \ I, providing the Senate with electronic copies
ofthe following: 4-year QUEDANCOR Annual
Report (2007-2010); QUEDANCOR Corporate
Plan; The AGRICORP Bill; and Pathways to
Convergence.
To the Committee on Government Corp-
orations and Public Enterprises
ADDITIONAL REFERENCE OF BUSINESS
BILLS ON FIRST READING
AN ACT AMENDING REPUBLIC ACT
NO. 7898, OTHERWISE KNOWN AS
THE AFP MODERNIZATION ACT,
AND FOR OTHER PURPOSES
To the Committees on Natural Defense and
Security; aud Ways and Means
AN ACT ESTABLISHING A STATE
COLLEGE IN THE MUNICIPALITY
OF COMPOS TELA, COMPOSTELA
VALLEY PROVINCE TO BE KNOWN
AS THE COMPOS TELA VALLEY
STATE COLLEGE INTEGRATING
THEREWITH AS REGULAR
BRANCHES THE BUKIDNON
STATE UNIVERSITY EXTERNAL
STUDIES CENTERS IN THE
MUNICIPALITIES OF MONKA YO,
MARASUGAN, MONTEVIST A AND
NEW BATAAN, ALL MUNICIPAL-
ITIES LOCATED IN COMPOSTELA
VALLEY PROVINCE, AND APPRO-
PRIA TING FUNDS THEREFOR
147
To the Committees on Education, Arts aud
Culture; and Fiuauce
AN ACT AMENDING REPUBLIC ACT
7432 KNOWN AS AN ACT TO
MAXIMIZE THE CONTRIBUTION
OF SENIOR CITIZENS TO NATION
BUILDING, GRANT BENEFITS AND
SPECIAL PRIVILEGES AND FOR
OTHER PURPOSES
Introduced by Senator Revilla Jr.
To the Committee ou Social Justice,
Welfare and Rural Development
RESOLUTIONS
RESOLUTION HONORING AND
COMMENDING THE METROBANK
FOUNDA nON OUTSTANDING
TEACHERS OF 20 \ I FOR THEIR
EXEMPLARY COMPETENCE,
DEDICATION TO SERVICE, AND
COMMITMENT IN PROVIDING
QUALITY EDUCATION
Introduced by Senator Legarda
RESOLUTION DIRECTING THE SENATE
COMMITTEE ON ACCOUNTABILITY
OF PUBLIC OFFICERS AND
INVESTIGATIONS (BLUE RIBBON)
TO CONDUCT AN INQUIRY, IN AID
OF LEGISLATION, IN THE ALLEGED
IRREGULARITIES AND ANOMALIES
ADOPTED BY THE PHILIPPINE
NATIONAL POLICE'S (PNP'S) IN
THEIR PROCUREMENT PROCESSES
IN VIOLATION OF THE PROCURE-
MENT LAW PARTICULARLY IN
THE IMPLEMENTATION OF THEIR
MODERNIZATION PROGRAM
148
To the Committee on Accountability of
Public Officers and Investigations
RESOLUTION CONGRATULATING
AND COMMENDING THE SHIRLEY
HALILI-CRUZ SCHOOL OF BALLET
DANCERS FOR BAGGING THE
GRAND PRIZE AND EMERGING AS
THE GRAND WINNER IN THE 13
TH
ASIA-PACIFIC DANCE COMPETI-
TION IN BANGKOK, THAILAND
ON 22-24 JULY 20 II
Introduced by Senator Lapid
COMMUNICA TlON
Letter trom the Bangko Sentral ng Pilipinas,
dated 9 August 2011, furnishing the Senate with
a copy ofBSP Circular No. 732, series of2011,
dated 3 August 20 I I, in compliance with Section
15(a) of Republic Act No. 7653 (The New
Central Bank Act).
To the Committee on Banks, Financial Insti-
tutions and Currencies
SECOND ADDITIONAL
REFERENCE OF BUSINESS
RESOLUTION
RESOLUTION CREATING A COM-
MITTEE ON ELECTORAL REFORMS
AND PEOPLE'S PARTICIPATION,
AMENDING FOR THE PURPOSE
RULE X, SECTION 13 OF THE
RULES OF THE SENATE
Introduced by Senator Sotto III
COMMITTEE REPORT NO. 34
ON SENATE BILL NO. 2811
(Continuation)
objection, the Body resumed consideration of
Senate Bill No. 2811 (Committee Report No. 34),
entitled
PEOPLE'S SURVIVAL FUND TO
PROVIDE LONG-TERM FINANCE
STREAMS TO ENABLE THE
GOVERNMENT TO EFFECTIVELY
ADDRESS THE PROBLEM OF
CLIMA TE CHANGE, AMENDING
FOR THE PURPOSE REPUBLIC
ACT NO. 9729, OTHERWISE KNOWN
AS "THE CLIMATE CHANGE ACT
OF 2009," AND FOR OTHER
PURPOSES.
MANIFESTATION OF SENATOR RECTO
Senator Recto stated that he had written the
Majority Leader to request the reconsideration
of the approval of Senate Bill No. 281 I on Second
Reading so that the period of amendments could
be reopened.
Noting that Senator Legarda, the Sponsor, had
agreed to the request, Senator Sotto did not object.
RECONSIDERATION OF THE APPROVAL
OF SENATE BILL NO. 2811
ON SECOND READING
At the instance of Senator Recto, upon motion of
Senator Sotto, there being no objection, the Body
reconsidered the approval of Senate Bill No. 2811
on Second Reading.
As a consequence, upon motion of Senator Sotto,
there being no objection, the Body opened the period
of amendments (committee and individual).
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2811
objection, the Body suspended consideration of
the bill.
ACKNOWLEDGMENT
OF THE PRESENCE OF GUESTS
At this juncture, Senator Sotto acknowledged the
presence in the gallery of students of International
Studies from the University of the East.
For its part, the Chair also acknowledged the
presence in the gallery of the following guests of
Senator Defensor Santiago:
Ms, Risa Hontiveros;
Dr, Ricardo Gonzales;
Dr. Sylvia Estrada-Claudio;
Ms. Ana Maria Nemenzo;
Prof. Elizabeth Pangalangan;
Mr. Ramon San Pascual;
Ms. Elizabeth Angsioco;

Dr. Janice LD Melgar;

Ms. Gemma Cruz Araneta;

Ms. Mercy Fabros;

Mr, Roberto Ador;
Atty. Leizel Parahas; and
Ms. Che Valledo
Moreover, the Chair extended its greetings to the
representatives of the following organizations that
were in the gallery:
National Anti-Poverty Commission;
Commission on Human Rights;
Philippine Commission on Women;
Philippine Center for Population
and Development;
Akbayan Partylist;
Philippine NGO Council;
Family Planning Organization
of the Philippines;
Woman Health;
Creative Collective Center, Inc.;
Forum for Family Planning;
Student Council Alliance
of the Philippines;
RH Youth Consortium;
Filipino Free Thinkers;
Catholics for RH;
Democratic Socialist Women
of the Philippines;
Purple for RH Campaign;
Pinagsamahang Lakas ng
Kababaihan at Kabataan
Likhaan;
Partido ng Manggagawa;
Zone I Tondo Organizations;
Ateneo de Manila University
Professors;
UP College of Law; and
Messiah College
COMMITTEE REPORT NO. 49
(Continuation)
149
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2865 (Committee Report
No. 49), entitled
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE
HEALTH AND POPULATION AND
DEVELOPMENT.
Senator Sotto stated that the parliamentary status
was still the period of sponsorship.
Thereupon, the Chair recognized Senator Defensor
Santiago, for the second and third parts of her
cosponsorship speech.
SPONSORSHIP SPEECH
OF SENATOR DEFENSOR SANTIAGO
Primarily, Senator Defensor Santiago stated that
Senator Cayetano (P), chair of the Committee on
Health and Demography, had already delivered her
privilege speech, and on her part, she had delivered
Part I of her cosponsorship speech on the Primacy
of Conscience in Catholic Theology. That day, she
said that she would deliver Part II on Constitutional and
International Law, and Part III, on Socioeconomics.
Hereunder are the full texts of Parts II and III
of her cosponsorship speech:
THE REPRODUCTIVE HEALTH ACT
PART II
CONSTITUTIONAL
AND INTERNATIONAL LAW
No Prohibition in the Constitation
There are a number of constitutional
provisions that underlie the Reproductive Health
(RH) bill but the most salient is what I would
call the "Sanctity of Life Clause" found under
Article 2, as a Declaration of State Policy:
Sec. 12. The State recognizes the
sanctity of family life and shall protect
and strengthen the family as a basic
autonomous social institution. It shall
equally protect the life of the mother and
the life of the unborn from conception.
150
This provision does not mention the term
"reproductive health" or any of its affiliate voca-
bularies. This is in the nature of a constitution.
As explained in the 1930 case of Lopez v. de los
Reyes, speaking of the Constitution:
It is an instrument of a permanent
nature, intended not merely to meet
existing conditions, but to govern the
future. It does not deal in details but
enunciates the general principles and
general directions which are intended to
apply to all new facts which may come
into being, and which may be brought
within those general principles or
directions.
The Constitution should not be read like a
newspaper story, on the basis of which each
reader can feel free to express his own
interpretation. Instead, to discover the intent and
meaning of the Constitution, we have to tum to
a process called constitutional construction.
In the 1938 case of Gold Creek Mining
Corp. v. Rodriguez, the Supreme Court ruled that
fundamental principle of constitutional construc-
tion is to give effect to the intent not only of the
framers, but also of the people who adopted it.
It is not sufficient to quote the opinion expressed
in the records by one delegate to the
constitutional convention; that would be only
one person's opinion. Neither would it be
sufficient to claim that a certain interpretation
was the intent of the people who approved the
Constitution in a plebiscite.
Hence, we are left with the conclusion that
the Constitution is what the Supreme Court says
it is. In other words, no legislator can authorita-
tively construe the meaning of the Sanctity of
Life Clause, and it would be pointless to debate
its meaning here in the legislature. We can save
a lot of time in Congress by waiting for the
proper branch of government - the Supreme
Court - to tell us what this clause means.
To maintain peace and order, the sovereign
people agreed to lend some of their sovereignty
to the government, under terms which are
defined in the Constitution. If there is no
applicable provision in the Constitution, the
implication is that the power has been reserved
to the people in their sovereign capacity. Thus,
if there is no prohibition in the Constitution, then
it is deduced that the people's representatives in
the Congress are free to legislate on the matter.
In other words, the Constitution serves merely
as a limit to the pol ice power of the State.
Accordingly, the Supreme Court ruled in the
1924 case of People v. Pomar: "The state, under
the police power, is possessed with plenary
power to deal with all matters relating to the
general health, morals, and safety of the people,
and so long as it does not contravene any
positive inhibition of the organic law .... "
The Constitution, directly or indirectly, does
not prohibit the RH bill. Therefore, in constitu-
tional terms, this Senate is free to enact this bill.
It is now well accepted in our jurisdiction that
under the "rational basis" test, so long as an act
of Congress bears some reasonable relationship
to the grant of power to the national government
and it is not otherwise prohibited by the
Constitution, a reviewing court must find the law
to be necessary and proper.
If the Senate passes the RH bill, our action
would amount to a legislative construction of the
Constitution. The rule is that a practical construc-
tion by Congress of a provision of the Constitu-
tion is entitled to great weight and should not be
lightly disregarded. Hence, if we pass the RH bill,
it will enjoy a presumption of constitutionality if
it is questioned in the Supreme Court.
It has been said that even if we abolish the
entire Bill of Rights, all the rights enumerated
would still exist, provided that we keep the Equal
Protection Clause and the Due Process Clause.
These two great clauses are found in our Bill of
Rights, which provides: "Sec. I. No person shall
be deprived of life, liberty, or property, without
due process of law, nor shall any person be
denied the equal protection of the laws." Kaya,
maskl tanggalin ang entire Bill of Rights nalin,
protektado pa rin ang mamamayan dahi! sa due
process clause at sa equal protection clause. Kaya
tingnan natin kung mayroong pagbabawal doon
ang RH Bill natin. The right of the mother to
protect herself and her baby from death-dealing
poverty is a liberty protected under the Due
Process Clause. Similarly, the right of the mother
in the lowest social class is equal to the right of
the mother in the highest social class, when both
rights pertain to freedom of information. Thus, to
make information on reproductive health
accessible to the rich but not to the poor would
be a violation of the Equal Protection Clause.
RH Bill Upholds Right to Information
Since there is no prohibition on an RH bill
in our Constitution, it is constitutional for this
Senate to pass the bill, until the Supreme Court
rules otherwise. I would go even further. I
respectfully contend that the RH bill is positively
mandated by the Bill of Rights, particularly
Articlelll, which provides as follows:
Sec. 7. The right of the people
to information on matters of public
concern shall be recognized, Access to
official records, and to documents and
papers pertaining to official acts,
transactions, or decisions, as well as to
government research data used as basis
for policy development, shall be
afforded the citizen, subject to such
limitations as may be provided by law.
In the 1989 case of Valmonte v. Belmonte,
the Supreme Court ruled that "the right to
information goes hand-in-hand with the
constitutional policies of full public disclosure
and honesty in the public service." Critics
might argue that the right to information under
Section 7 was meant to cover only official
records; but there is nothing in Section 7 or in
the Records of the Constitutional Commission
to support this view.
We are therefore compelled to follow the
rule of constitutional construction that where the
law does not distinguish, courts should not
distinguish. Ubi lex nOn distinguit, nee nos
distinguere debemus. In the 1903 case of Velasco
v. Lopez, the Court also ruled: "Courts are not
authorized to distinguish where the law makes
no distinction. They should instead administer
the law not as they think they ought to be, but
as they find it without disregard to con-
sequences." And in the 1946 case of La Cham v.
Ocampo, the Court ruled that the general term or
phrase should not be reduced into parts and one
part distinguished from the other, so as to justity
its exclusion ITom the operation of the law.
RH Bill Up/wlds Right to Privacy
Although the Bill of Rights does not
specifically provide for a right to privacy,
nevertheless it is a right protected by the
Constitution, under the Due Process Clause and
the Equal Protection Clause. The development of
the contemporary concept of a constitutionally
protected "right of privacy" in sexual matters can
be traced to the 1942 case of Skinner v.
Oklahoma, decided by the U.S. Supreme Court.
In Skinner, the Court struck down an
Oklahoma law which authorized the sterilization
of persons previously convicted and sentenced
to imprisonment two or more times of crimes of
moral turpitude. This opinion did not mention a
"right of privacy" relating to sexual matters. But
it established interests in marriage or procreation
as areas of special constitutional significance.
I love this case. I fell in love with it when I
was a law student because of the opinion of the
great Justice Oliver Wendell Holmes, Jr. He said,
and until now I can remember what I read in law
school: "Two generations of idiots are enough."
In the landmark 1965 case of Griswold v.
Connecticut, the U.S. Supreme Court held that
Connecticut laws were invalid because they
restricted the right of married persons to use
contraceptive devices. The majority of the
justices created a new "right to privacy," Justice
Douglas found that the "penumbras" and
"emanations" of several guarantees of the Bill of
Rights established this right to privacy.
In the 1972 caSe of Eisenstadt v. Baird, the
U.S. Supreme Court invalidated a law which
prohibited distribution of contraceptives to
unmarried persons. Thus, under the rulings in
Griswold and Eisenstadt, the state has no power
to forbid the use of contraceptives by adults.
However, the state has the power to restrict the
manufacture and sale of contraceptive devices to
ensure that the products meet health, safety, and
anti-abortion standards.
In the 1977 case of Carey v. Population
Services International, the U.S. Supreme Court
invalidated a law which allowed only pharmacists
to sell non-medical contraceptive devices to
persons over 16 years old, and prohibited the
sale of such items to those under 16 years old.
The majority opinion ruled that the burden on an
adult's freedom of choice could only be justified
by a compelling state interest. The Court said
that distribution only through pharmacists was
not justified.
In the Philippines, the right to privacy was
first recognized in the 1968 case of MOI!e v.
Mutuc. It was similarly upheld in the 1998 case
of Ople v. Torres. Most recently, the right to
privacy was again upheld in the 2006 case of
Sabia v. Gordon. Since the Philippine Supreme
Court has already recognized the right to privacy
in several cases, then this right also applies to
sex, marriage, and procreation, as shown by the
American cases. Because of our judicial history,
today, American cases are no longer decisive,
but American cases remain authoritative in
Philippine jurisdiction.
Constitutional Rig/It of Parents
Over Child Education
The Constitution provides: "The natural and
primary right and duty of parents in the rearing
of the youth for civic efficiency and the
development of moral character shall receive the
support of the Government."
There is no equivalent provision in the
United States Constitution. But in a 1990
decision, the U.S. Supreme Court upheld what is
called the constitutional "right of parents ... to
direct the education of their children."
151
152
This parental right was discussed in the
1972 case of Wisconsin v. Yoder. The U.S.
Supreme Court held that Wisconsin could not
require members of the Amish Church to send
their children to public school after the eighth
grade. The majority opinion cited due process
rulings concerning parental rights. They focused
on the Free Exercise Clause, and used the !wo-
part balancing test, meaning striking a balance
between public interest and individual rights.
The two parts are:
I. A significant burden on the free exercise of
religion would have to be shown.
2. This burden would be balanced against the
importance of the state's interest, and the
degree to which it would be impaired by a
religious exemption.
The U.S. Court found that the parents'
refusal to send their children to school was
based on religious belief. However, the COUl1
found that there was a significant burden on the
free exercise of religion. The Yoder decision was
based on both the Free Exercise Clause, and the
parental interest in directing the education of
their children that was protected by the Due
Process Clause.
Senate Bill No. 2865 provides in Section 13
for age- and development-appropriate reproduc-
tive health education. If there is any objection
to Section 13, it can easily be met by a potential
amendment which in effect shall adopt the
option for parents provided in the Constitution
for the teaching of religion in public elementary
and high schools. Such an amendment would
make the Yoder case inapplicable to the
Philippines.
RH Bill is PH Obligation
Under International Law
The Constitution under Article II on the
Declaration of Principles provides in Section 2
that the Philippines "adopts the generally
accepted principles of international law as part of
the law of the land." Therefore, when the Philip-
pines becomes a party to an international treaty
or convention, its principles become part of our
international obligation. If our country fails to
discharge these obligations, we can be held
liable under international law, and we run the risk
of being branded as a rogue state, or as a pariah
in the international community. That is what
would happen if we fail to pass the RH bill.
Conservative Catholics are still opposing
the RH bill. But as early as 1968, the Philippines
already participated in the International
Conference on Human Rights, and became a
party to the Final Act, known as the Proclam-
ation of Teheran, which explicitly provides:
The protection of the family and of
the child remains the concern of the
international community. Parents have a
basic human right to determine freely
and responsibly the number and
spacing of their children.
As a Philippine commitment, the Proclama-
tion of Teheran was followed by the 1976 Inter-
national Covenant on Economics, Cultural, and
Social Rights. It provides in Article 12:
1. The States-Parties to the present Covenant
recognize the right of everyone to the
enjoyment of the highest attainable standard
of physical and mental health.
2. The steps to be taken by the States Parties
to the present Covenant to achieve the full
realization of this right shall include those
necessary for:
<aJ The provision for the reduction of
the stillbirth-rate and of infant mortality and
for the healthy development of the child;
Subsequently, the Philippines became a
party to the 1979 UN Convention on the Elimina-
tion of All Forms of Discrimination Against
Women, also known as CEDA W. This innova-
tive and ambitious treaty already had 187 states
parties as of 7 July 20 II. It provides:
Women have the right to decide
freely and responsibly on the number
and spacing of... children and to have
access to the information, education,
and means to enable these rights.
States Parties shall take all appro-
priate measures to eliminate
ation against women in the field of
health care in order to ensure, as a basis
of equality of men and women, access
to health care services, including those
related to family planning.
The Philippines further became a state-party
to the Programme of Action of the 1994 Inter-
national Conference on Population and Develop-
ment, which includes the following commitments:
Ensuring women's ability to control their
own fertility, as one of the cornerstones of
population and development policies.
Making family planning universally available
by 2015 or sooner, and calling on Govern-
ments to make these resources available.
Reducing infant, child, and maternal
mortality; and ensuring universal access by
20 IS to reproductive health care, including
/
family planning, assisted childbirth, and
prevention of sexually transmitted infections,
including HIV/AIDS.
To summarize, the Philippines is already
committed to our RH law, and to debate this
commitment at this time is too late and pointless.
Principle of Pacta Sunt Servanda
The Philippines is a party to the Vienna
Convention on the Law of Treaties. It defines a
treaty as "an international agreement concluded
between States in written form and governed by
international law, whether embodied in a single
instrument or in two or more related instruments,
and whatever its particular designation." The
instrument can be designated as a treaty,
convention, protocol, covenant, charter, statute,
act, declaration, etc.
The Philippines is a party to various treaties
which impose the obligation to protect reproduc-
tive health. If we fail to pass the RH bill, it is
highly likely that the Philippines would be desig-
nated as "in breach of international obligation."
The law of treaties plays a role in international
law similar to that played by the law of contracts
in municipal law. Since the Philippines is a party
to various treaties providing for reproductive
health of mother and child, for Congress to fail
once more to pass the RH bill is tantamount to
breaking a contract with other states.
The Vienna Convention provides: "Every
treaty in force is binding upon the parties and
must be performed by them in good faith." This
provision embodies two principles: the principle
of pacta sunt servanda; and the principle of
good faith. The Latin term pacta sunt servanda
means that agreements must be kept. Natural
nangako ka kaya kailangan /Uparin mo. The
term "good faith" in law means faithfulness to
one's duty or obligation.
The Philippines is a party to a number of
treaties imposing the duty to protect the health
of mother and child. These treaties in principle
are binding only on the parties. But international
law is different for their effect goes further than
that. These treaties are so-called law-making
treaties, because they have a strong law-creating
effect. Magkaiba kasi ang international law sa
ating local law. Sa ating batas, kung gusto rna
mahanap ang batas kailangan mo lamang alamin
kung soong libra. Kung civil law, hanapin ma
sa Civil Code; kung criminal law, hanapin mo so
Penal Code. Pero so international law, iba. Wala
tayang international legislature na nagpapoiral
ng mga batas. Hindi ma rnakikita sa isong libro
lamong; so halip, kailangang hanapin rna ang
mga treaties a kasunduan ng mga estada. That
is how international law is created. International
law unlike local law is a process and treaties are
part of that process. Unlike contractual treaties,
law-making treaties are not dissolved, after their
legal obligations have been observed. Law-
making treaties create general norms for the
future conduct of parties.
Law-making treaties include the conclusions
of international conferences and resolutions of
the UN General Assembly. The "Final Act" or
other statement of conclusions of a conference
of states is a form of multilateral treaty, even if
it was not adopted unanimously. To find a
principle of international law is a science and a
skill in itself. We just do not go to one source
and then lift it up bodily out of that source. One
does do that. We have already signed so many
treaties forwarding in effect for a reproductive
health for mother and child. It is just too late.
All of these people now who oppose the RH bill
should have spoken up earlier. The "Final Act"
or other statement of conclusions of a
conference of states is a form of multilateral
treaty, even if it was not adopted unanimously.
The resolutions ofthe UN General Assembly
are not binding on member-states. But when
such resolutions are concerned with norms of
general international law, their acceptance by
a majority vote constitutes evidence of the
opinions of governments on which international
law is based.
PART III
SOCIOECONOMICS
It is easy to discuss reproductive health in
abstract terms such as theology, constitutional
law, or international law as I have been doing of
late. But it is not so facile to exchange arguments
over the hard facts concerning mother and child
among the very poor.
I obtained these statistics from the 2008
National Demographic and Health Survey by the
National Statistics Office.
Statistics on Maternal Health
Due to childbirth-and pregnancy-related
complications:
II mothers die every day due to childbirth
and pregnancy-related complications;
3,000 to 5,000 mothers die every year;
162 mothers out of 100,000 live births
die;
153
I I % of all deaths among women of
reproductive age in the Philippines are
maternal deaths. /
154
How many women will be affected by the
RH bill? Some 23 million women aged 15 to
49 years old,
How many women are at risk of pregnancy?
15 million,
Guttmacher Institute made a 2008 study of
pregnant Filipinas, with the following results:
How many pregnancies in 2008? 3,371 million,
How many were unintended pregnancies?
1.82 million,
What happened to the unintended preg-
nancies?
570,000 induced abortions;
one million mistimed or unwanted births;
90,000 hospitalizations for complication
of abortions;
3,700 maternal deaths in one year,
of which
90% deaths occurred among women
using no or natural family planning
methods,
Where do women deliver their babies?
56% at home, especially in rural areas;
44% in health facility.
At childbirth, is skilled birth attendance
available?
As of2008:
36% no, only the hilot was available;
62% yes, with a birth professional.
Does skilled attendance at delivery and
emergency abortive case reduce maternal
deaths? Yes, with 75% reduction.
In addition to reducing maternal and child
deaths during delivery, family planning would
prevent not only unwanted and high-risk
pregnancies, but also abortion. Under the Penal
Code, abortion is a crime, and it will remain a
crime under the RH bill. In fact, one important
reason to pass the RH bill is that it will reduce
abortions. The Act will provide full information
to any mother on the entire menu of family
planning options, making it unnecessary for the
mother to resort to abortion. Hence, pregnancy
will result in a wanted child, not an unwanted
child that the mother might be forced to abort.
In the Philippines, how many unplanned
pregnancies end in abortion? One out of
three.
How many induced abortions are estimated
to have taken place in the Philippines?
400,000 in 1994;
473,400 in 2004.
Who are the women who resort to induced
abortions in the Philippines?
Nine out of ten are married women;
87% are Catholics.
Did the mother receive antenatal care?
As of 2008:
4% no;
5% from hilot;
91%, yes.
Who are vulnerable to risky pregnancies?
young adolescent women;
women over 35 years old;
women who already gave birth to three
children;
women whose pregnancies have short
intervals.
Of pregnant Filipinas, how many are aware of
danger signs of complications, and where to
go in case of complications? 50%.
These statistics lead to the question of how
the government should prevent maternal death.
The obvious answer is that government should
provide access to skilled care during pregnancy,
during childbirth, and during at least the first
months after delivery. Poor women are more at
risk of dying from pregnancy and pregnancy-
related complications.
Does voluntary family planning reduce
deaths? Yes.
20% to 35% of maternal deaths;
20% of child deaths.
Lower fertility rate reduces poverty incidence:
National Capital Region:
fertility, 2,3%;
poverty, 7.6%;
Bicol:
fertility, 5.1 %;
poverty, 49%.
Actual children are more than wanted children:
Wanted fertility rate, 2.4 children;
Actual fertility rate, 3.3 children;
Each woman has excess of one child.
Unmet need for family planning is 22%.
Poor women have three times more children
than rich women:
Highest class-
Desired fertility, 1.6%;
Actual fertility, 1.9%;
Lowest class-
Desired fertility, 3,3%;
Actual fertility, 5.2%;
Childbearing among teenagers-
Uneducated, 25%,
College, 3%,
Similarly, a Canadian NGO released a fact
sheet based on several studies. It showed that
school-based sexual health education results in
more parent-child communication.
What is the incidence of failure to protect
against pregnancy for early PMS?
40% are unprotected for first PMS or
pre-marital sex;
70% of most recent PMS.
Is there a double standard between the two
genders with respect to PMS?
40% think it is acceptable for young
men;
22% think it is acceptable for young
women.
rile Abortioll Scare
Contraceptives are not abortifacient. This
issue was laid to rest as early as 2006, during
deliberations on House Bill No. 4643, which
sought to declare contraceptives as abortive.
A position paper on reproduction issued by
international organizations, and released by
the World Health Organization, categorically
stated: "None of these methods have been
shown to cause the abortion of an implanted
fetus. Therefore they cannot be labeled as
abortifacients." The position paper covered
virtually all the methods of contraception.
As part of the abortion debate, the question
has been raised: When does life begin? Doctors
and scientists do not know, and it would be
presumptuous for legislators to settle this
question by the expedience of parliamentary
debate. We cannot settle a scientific issue by
spouting anecdotal evidence to support a
layman's view. Contemporary ignorance of the
answer has been admitted by no less than a
former professor of Biochemistry, who became
former dean of the UP College of Medicine.
In a book published this year, 2011, the authors
apparently reached the conclusion that the
process of becoming human is gradual, and that
there is no specific point at which a non-human
entity suddenly becomes human.
Youlll Education all RH
The RH bill provides for RH services and
infonnation for the youth, This provision is
supported by the results of a 2002 UP Population
Institute survey, which showed the following:
Many young people engage in risky sexual
behavior;
Their knowledge of reproductive health
problems is inadequate;
They rarely seek medical help for reproductive
health problems; and
They have liberal views on sex and related
matters.
The survey showed that many young people
engage in pre-marital sex (PMS), as follows:
Among young people, 15 to 24 years old,
how many have had PMS experience? 23%;
What is the prevalence of PMS among the
sexes? 31.1% among boys, 15.4% among
girls;
What is the incidence of PMS among male
youth? 20% admitted that they paid for sex,
12% admitted that they accepted payment
for sex,
Even young men who risk getting infected
with HIV also suffer from inadequate knowledge,
As a common practice, Filipino youth do not dis-
cuss sex at home with their parents. Therefore,
it is not realistic to argue that sex discussion
should be limited to the parents and the home.
Sexuality education does not encourage
promiscuity among the youth. On the contrary,
if young people know more about sexual health,
they are even more likely to postpone sexual
initiation. An American NGO looked at several
studies made in countries where sexuality educa-
tion is being taught, and reached the conclusion
that sexuality education reinforces the sense of
responsibility of young people in terms of their
sexual behavior. When they are given proper
education on reproductive health, young people
no longer feel a need to explore other sources of
infonnation on sex.
Mistimed or unwanted pregnancies result in
health risks which are higher for adolescent
mothers. They are more likely to have complica-
tions during labor. Unwanted pregnancies
compel society to pay a social cost Parents who
are able to plan their families are usually able to
raise and educate them, But poor families who
cannot plan their families have to rely on govern-
ment for education, health, and other goods and
services.
Pllilippille Demographics
The branch of knowledge that deals with
human population, e.g., the statistical analysis of
births and deaths, is known as demography,
Here are the demographics:
Philippine population as of20 1 0, 91.8 million;
as of 2020, 105.5 million; and as of 2040,
Filipinos shall be 126 million,
155
156
Population Growth Rate (PGR) is 2,04%. This
is No. 3 in Southeast Asia and the added
Filipinos each year amount to some 2 million
Filipinos.
What is the biggest age group? 15 to 49
years old, 51. II %. Half of the population is
below 21 years old therefore, the Philippine
population is considered young.
Implication of Demograplrics
The consequences of all these statistics
were analyzed in the seminal 2008 paper, entitled
"Population, Poverty, Politics, and the RH Bill."
It was written by some 27 UP Economics
professors, virtually every single one eminent in
this field. The paper is so authoritative that I
have to quote the first paragraph:
The population issue has long
been dead and buried in developed and
most developing countries, including
historically Catholic countries. That it
continues to be debated heatedly in our
country testifies to the lack of progress
in policy and action. The Catholic
Church hierarchy has maintained its
traditional stance against modem family
planning (FP) methods, particularly
modem (also referred to as "artificial")
contraceptives. On the other hand, the
State acknowledges the difficulties
posed for development by rapid popu-
lation growth, especially among the
poorest Filipinos.
According to the authors, whom I shall
call the Economics 27, a clear and consistent
national population policy is long overdue.
The RH bill would be a good instrument of such
a policy. Hence, the RH bill would become
an integral part of the strategy for development
and poverty reduction. The country needs a
population policy, together with a government-
funded family planning program. A rapidly
growing population has a negative impact
on economic development. Rapid population
growth is largely caused by the least urbanized,
least educated, and poorest segments of our
population.
The bigger the family, the poorer. The
bigger the family, the less educated the children.
The poor know this, and prefer smaller families,
but they are unable to keep the family small.
The 2006 Family Planning Survey showed that
among the poorest women, 44% of pregnancies
are unwanted. According to the Economics 27:
"Contraceptive use remains extremely low among
poor couples, because they lack information
about, and access, to them."
The lack of access to contraception results
in high maternal mortality. At our present rate,
the Philippines will be unable to meet the
Millennium Development Goal target of 52
maternal deaths per 100,000 live births by 2015.
The more children and the more they are closely
spaced, the higher the risk of illness and
premature deaths for mother and child alike.
Every day. 11 to 12 women die from pregnancy
and causes associated with childbirth. The evil
of maternal death is compounded by the evil of
induced and illegal abortions amounting to half
a million annually.
2011 NEDA Study
Perhaps the most telling lesson taught by
the Economics 27 is their conclusion that:
"Ensuring access to the free range of modem
("artificial") family planning methods with
appropriate infonmation raises the success rate
of achieving the desired family size. Limiting
family planning options to "national family
planning (NFP) methods only" fails to address
the social costs of mistimed and unwanted
pregnancies" .
One of the Economics 27 is the incumbent
Secretary of Socioeconomic Planning, Cayetano
Paderanga Jr. of the NEDA. On our request, he
has summarized the key findings of studies
related to the impact of population on reproduc-
tive health and family planning, as follows:
Continued high population growth
rate is principally done to the continued
high total fertility rate over the last 20
years. The large number of children,
especially among the poorest families, is
more a result of the inability of couples
to reach their desired, that is smaller
family sizes, due to poor access to
contraceptives.
Getting out of poverty becomes
difficult with larger family size. Poverty
is strongly affected by population
growth. Lower birth rates and slower
population growth rate over the last
three decades contributed to faster eco-
nomic progress in developing countries.
Countries with higher investments in
health ~ including reproductive health,
family planning, and women's educa-
tion ~ register slower population growth
and faster economic growth.
Family size makes it difficult for
families to emerge from poverty. This is
the so-called burden of dependency. As
family size increases, expenditures for
education and health for family members
)(f'
decrease systematically. In the past, our
country failed to achieve lower fertility
and rapid economic growth. This failure
is reflected in poor outcomes in human
development concerns, as follows:
High maternal mortality;
High infant and child mortality;
Poor educational performance; and
High unemployment and undere-
mployment.
At the household level, large family
size correlates with the following:
Higher poverty incidence;
Lower savings and asset accumula-
tion; and
Reduced per capita household
expenditures for education and
health.
A 20 I 0 study by the Guttmacher Institute
and UN Population Fund (UNFPA) shows that
maternal deaths could be slashed by 70%, if the
world doubled investment in family planning and
pregnancy-related cases. According to this latest
report, investing in family planning and maternal
health would have profound additional benefits,
as follows:
Increases in condom use for pregnancy
prevention would simultaneously curb trans-
mission of HI V and other sexually transmitted
diseases (STls).
Preventing unwanted pregnancies would
increase women's educational and employ-
ment opportunities, enhancing their social
and economic status.
Family savings and investment would rise,
spurring economic growth and reducing
poverty.
HDemograpllic Winter" Scare
In its paper on Philippine population and
development, the UP Population Institute
defines the tenn "demographic winter" as the
condition when a popUlation no longer increases
after a prolonged period of below-replacement
fertility. A total fertility rate or TFR of 2 is the
working definition of replacement fertility. A TFR
below 2 sustained for a number of generations
(with one generation lasting for 25 years) would
produce the so-called aging society, where
the majority of the population are 60 or more
years old.
Critics of the RH bill agree that a large
population in the working ages will provide a
boon to development, the so-called demographic
bonus, because of the large labor supply. This
is fallacious, because the issue is not how big
the labor supply is, but how skilled the labor
supply is.
To paraphrase the UP Population Institute:
The Philippines may have a large pool of
working-age popUlation. But the quality of that
labor pool is not optimal for economic
development. They are poorly educated and not
well prepared for the jobs required in the market.
Further, there may be a large pool of labor.
But they may be too many to be absorbed by the
market, even if they have the proper education.
Financial Cost of RH Act
Experts estimate that it will cost government
some 1'3 billion a year to implement the RH law.
This is considered modest. In the context of pro-
moting development in less developed countries,
the higher cost-benefit ratio is obtained from
family planning programs than from infrastruc-
tures investment. Similar hardware requirements
for development are more lumpy,
ing, and demand longer gestation periods.
The RH cost of 1'3 billion a year is only one-
seventh, or 14.3 percent, of the 1'21 billion cost
of the Conditional Cash Transfer program. The
two programs should be compared. On the one
hand, the RH program is self-targeting, meaning
that typically, it is the poor who self-select to
obtain RH services which they cannot afford on
their own. The RH program is simpler and less
costly to administer.
On the other hand and by contrast, the CCT
program distributes cash which is fungible,
meaning that it can be precisely replaced by
another. By comparison, a reproductive health
service is non-fungible. Because the CCT
program distributes cash, it prevents the real
danger that the cash could be diverted to
unintended recipients, such as principals and
schoolteachers. The CCT program is more costly
in terms of direct budgetary aliocation, as well as
the administrative requirements.
Tile 2011 SWS Survey
Finally, maganda ito, dahi! ito ay bago
!amang.
The Social Weather Stations conducted a
survey for the second quarter of 2011 last June
2011. Nitong June lamang. The respondents
were 1,200 adults in Metro Manila, the balance of
Luzon, Visayas, and Mindanao, with a sampling
error margin of plus or minus 3%.
This most recent survey shows unequivocal
public support for the RH Act: 73% want
infornoation on legal methods available from the
government, while 82 percent say family planning
method is a personal choice.
157
158
Here are the test statements and the scores:
"If a couple wants to plan its family, it
should be able to get information from
government on all legal methods."
Agree -73%
Disagree - 13%
Undecided - 13%
"The choice of a family planning method is
a personal choice of couples, and no one
should interfere with it."
Agree - 82%
Disagree - 8%
Undecided - 9%
"The government should fund all means of
family planning, may it be natural or artificial
means,"
Agree
Disagree
Undecided
-68%
- 16%
- 15%
"The use of pills can also be considered as
abortion, ,.
Agree -29%
- 52% Disagree
Undecided - 18%
"The use of condoms can also be considered
as abortion."
Agree - 30%
Disagree - 51 %
Undecided - 18%
"If family planning would be included in their
curriculum, the youth would be sexua!1y
promiscuous . .,
Agree - 31%
Disagree - 46%
Undecided - 22%
"For me, the plan of those who oppose the
RH Bill not to pay their taxes is a reasonable
protest."
Agree- 32%
Disagree - 39%
Undecided - 26%
Yesterday, 16 August 2011, at the LEDAC
meeting, President Aquino announced that he
has listed as a priority bill the RH Act. Thus, by
giving priority, the President of the Philippines
has spoken. And more importantly, the greater
majority of the Filipinos have spoken. In the light
of these developments, the democratic option is
to pass the RH Bill.
COIIc/asion: Market Place of Ideas
Allow me to conclude with one of the most
famous quotes in the history of the law written
by the superlative Justice Oliver Wendell
Holmes Jr.:
But when men have realized that
time has upset many fighting faiths,
they may come to believe even more
than they believe the very foundations
of their own conduct that the ultimate
good desired is better reached by free
trade in ideas ~ t h a t the best test of
truth is the power of the thought to get
itself accepted in the competition of the
market, and that truth is the only
ground upon which their wishes safely
can be carried out. That at any rate is
the theory of our Constitution. It is an
experiment, as al11ife is an experiment.
MANIFESTATION
OF SENATOR DEFENSOR SANTIAGO
Senator Defensor Santiago stated that there was
strong opposition to her proposal to have the
interpellations follow her cosponsorship speech on
each topic. In consultation with Senator Cayetano
(P), she said, it was decided that the interpellations
would start on Monday, August 22, 2011, during
which she would answer questions on the topics of
Catholic Theology and Constitutional and [nternational
Law, and Senator Cayetano (P) on the Socioeconomic
aspect of the bill.
MANIFESTATION
OF SENATOR CAYETANO (P)
In view of the forthcoming interpellations on the
RH bill, Senator Cayetano (P) requested the Parlia-
mentary Counseling Service ofthe Senate Secretariat
to provide the Committee on Health and Demography
with the proper interpretation of Rule XXVII
(Duration of Debates) of the Rules of the Senate,
based on historical precedents, to guide the Committee
accordingly.
Subsequently, the Senate President Pro Tempore
instructed the Senate Secretary to provide Senator
Cayetano (P) with the appropriate information.
Senator Sotto expressed support for the request
of Senator Cayetano (P), to expedite the proceedings.
the bill
WEDNESDAY, AUGUST 17,201 I
COMMITTEE REPORT NO. 34 ON
SENATE BILL NO. 2811
(Continuation)
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2811 (Committee Report
No. 34), entitled
PEOPLE'S SURVIVAL FUND TO
PROVIDE LONG-TERM FINANCE
STREAMS TO ENABLE THE
GOVERNMENT TO EFFECTIVELY
ADDRESS THE PROBLEM OF
CLIMA TE CHANGE, AMENDING
FOR THE PURPOSE REPUBLIC ACT
NO. 9729, OTHERWISE KNOWN AS
"THE CLIMATE CHANGE ACT OF
2009," AND FOR OTHER PURPOSES.
Senator Sotto stated that the parliamentary status
was the period of amendments.
Thereupon, the Chair recognized Senator Legarda,
Sponsor of the measure.
COMMITTEE AMENDMENTS
On the Third Reading copy of the bill, as proposed
by Senator Legarda, there being no objection, the
following Committee amendments were approved by
the Body, one after the other:
I. On page 33, lines II and 12, delete the
phrase "WITH OBSERVER STATUS";
2. On the same page, line 14, delete the phrase
"WITH OBSERVER STATUS";
3. On the same page, lines 15 and 16, delete the
phrase "WITH OBSERVER STATUS";
By Senate President Enrile
4. On page 13, between lines 17 and 18, insert
a new subsection, to read as follows:
(T) PRESIDENT OF THE SANGGUNIANG
KABATAAN NATIONAL FEDERA-
TION;
5. Reletter the succeeding subsections
accordingly.
By Senator Cayetano (P)
6. On page 10, line 3, between the comma (,)
and the word "children," insert WOMEN;
7. On page 33, between lines 9 and 10, insert a
new subsection, to read as follows:
(F) CHAIRPERSON OF THE PHILIPPINE
COMMISSION ON WOMEN;
8. Reletter the succeeding subsections accord-
ingly; and
By Senator Recto
9. On page 30, lines 5 to 9, delete the phrase
"AND THE SAME SHALL BE CONSIDERED
AS ALLOWABLE DEDUCTIONS FROM

m ACCORDANCE WITH THE PROVISIONS
OF THE NATIONAL INTERNAL REVENUE
CODE OF 1997, AS AMENDED."
TERMINATION OF THE PERIOD
OF AMENDMENTS
159
There being no other committee or individual
amendment, upon motion of Senator Sotto, there
being no objection, the Body closed the period of
amendments.
APPROVAL OF SENATE BILL NO. 2811
ON SECOND READING
Submitted to a vote, there being no objection,
Senate Bill No. 2811 was approved on Second
Reading.
the bill
PROPOSED SENATE RESOLUTION NO. 567
objection, the Body considered Proposed Senate
Resolution No. 567, entitled
RESOLUTION CREATING A COM-
MITTEE ON ELECTORAL REFORMS
AND PEOPLE'S PARTICIPATION,
AMENDING FOR THE PURPOSE
RULE X, SECTION 13 OF THE
RULES OF THE SENATE
With the permission of the Body, only the title of
the resolution was read without prejudice to the
insertion of its full text into the Record of the Senate.
160
SPONSORSHIP REMARKS
OF SENATOR SOTTO
In presenting Proposed Senate Resolution No. 567
for plenary deliberations, Senator Sotto stated that in
the past Congresses, the Committee on Electoral
Reforms was a distinct committee on its own but
through the years, it was merged with other
committees when it was decided to minimize the
number of committees.
He noted that the Committee on Games,
Amusements, and Sports used to be two committees:
the Committee on Youth and Sports Development
and the Committee on Games and Amusement, He
stated that there were about three other committees
that used to stand on their own but were merged.
For instance, he said, there used to be a Committee
on Constitutional Amendments, a Committee on
Revision of Codes and Laws, and a Committee on
Electoral Reforms.
He bared that during the caucus yesterday, it
was decided that the Committee on Electoral Reforms
would be a standing comittee with the following
jurisdiction:
38) COMMITTEE ON ELEClDRAL REFORMS
AND PEOPLE'S PARTICIPATION -
ELEVEN (II) MEMBERS. ALL MATTERS
PERTAINING TO ELECTION LAWS
AND TO THE IMPLEMENTATION OF
THE CONSTITUTIONAL PROVISIONS
ON INlTlA TlVE AND REFERENDUM
ON LEGlSLA TIVE ACTS; RECALL OF
ELECTIVE OFFICIALS; THE ROLE AND
RIGHTS OF PEOPLE'S ORGANIZA-
TIONS; AND SECTORAL OR PARTY-
LIST REPRESENTATION.
In effect, Senator Sotto stated that Proposed
Senate Resolution No. 567 amends the Rules of the
Senate.
ADOPTION OF PROPOSED
SENATE RESOLUTION NO. 567
objection, Proposed Senate Resolution No. 567 was
adopted by the Body.
COMMITTEE CHAIRMANSHIP
Upon nomination by Senator Sotto, there being
no objection, Senator Pimentel was elected chair of
the Committee on Electoral Reforms and People's
Participation.
MANIFESTATION OF SENATOR SOTTO
Senator Sotto stated that Senator Lapid has been
designated vice-chair of the Committee on Games,
Amusements and Sports.
CHANGE OF REFERRAL
objection, the Chair transferred the referral of Senate
Bill No. 2933 (strengthening the Bureau of Correc-
tions) from the Committee on Public Order and
Dangerous Drugs to the Committee on Justice and
Human Rights.
MOTION OF SENATOR SOTTO
Senator Sotto stated that the hearing of the
Committee on Finance on the budget of the Depart-
ment of Labor and Employment (DOLE) had been
scheduled at nine o'clock in the morning of Monday,
August 22, 20 II, but the hearing of the Committee
on Accountability of Public Officers and Investiga-
tions on the issue of the PNP helicopters had also
been scheduled on the exact same hour and day.
In light of the importance of the budget hearing,
upon motion of Senator Sotto, there being no objection,
the Committee on Finance was allowed to conduct
the hearing on the DOLE budget at five o'clock in
the afternoon of Monday, August 22, 2011, even if
the plenary session was still ongoing.
WITHDRAWAL
OF COMMITTEE MEMBERSHIP
objection, the election of Senator Pimentel as member
to the Committee on Public Services and the
Congressional Oversight Committee on the Official
Development Assistance (ODA) Law was
withdrawn.
COMMITTEE MEMBERSHIP
At the instance of Senator Pangilinan, upon
nomination by Senator Sotto, there being no objection,
Senator Marcos was elected member of the
Committee on Agriculture and Food in replacement
of Senator Zubiri. ,
ADJOURNMENT OF SESSION
objection, the Chair declared the session adjourned
until three 0' clock in the afternoon of Monday,
August 22, 201 I ,
It was 5:33 p,m,
161
I hereby certify to the correctness of the
foregoing,
E ~ E S
Secretary of the Senate
Approved on August 22, 2011 t '

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