REPUBLIC OF THE PHILIPPINES

Senate
Pasay City

Journal
SESSION NO. 53
Tuesday, December 19,2006

THIRTEENTH CONGRESS THIRD REGULAR SESSION

SESSION NO. 53 Tuesday, December 19,2006

CALL TO ORDER
At 3:46 p,m,, the Senate President, Hon. Manny Villar, called the session to order.

for understanding of views not shared: We give thanks this day. For all who have labored and suffered for a fairer world, who have lived so that others might live in dignity and freedom: We give thanks this day. For human liberty and sacred rites; for opportunities to change and grow, to affirm and choose: We give thanks this day. We pray that we may live not by our fears but by our hopes, not by our words but by our deeds. In Jesus Name, we pray. Amen

PRAYER
Sen. Pia Compariera S. Cayetano quoted the following passage from the Bible, and after which, read the prayer We Give Thanks This Day by 0. Eugene Pickett:
If my people, who are called by my name, will humble themselves and pray and seek my face and turn,finm their wicked ways, then will I hear from heaven and will forgive their sin nnd will heal their land. (2 Chronicles 7:14)

We Give Thanks This Day

Lord, for the expanding grandeur of Creation, worlds known and unknown, galaxies beyond galaxies, filling us with awe and challenging our imaginations: We give thanks this day. For this fragile planet earth, its times and tides, its sunsets and seasons: We give thanks this day..
For the joy of human life,

ROLL CALL
Upon direction of the Chair, the Secretary of the Senate, Oscar G. Yahes, called the roll, to which the following senators responded: Gordon, R. J. Arroyo, J. P. Lacson, P. M. Biazon, R. G. Lim, A. S. Cayetano, C. P. S. Madrigal, M. A. Defensor Santiago, M. Pangilinan, F. N. Drilon, F. M. Pimentel Jr., A. Q. Ejercito Estrada, . I . Ejercito Estrada, L. L. P. Recto, R. G. Roxas, M. Enrile, J. P. Villar, M. Flavier. J. M. With 18 senators present, the Chair declared the presence of a quorum. Senators Angara, Lapid, Magsaysay and Osmeiia arrived after the roll call. Senator Revilla was absent.

its wonders and surprises, its hopes and achievements: We give thanks this day. For our human coimunity, our common past and future hope, our oneness transcending all separation, our capacity to work for peace and justice in the midst of hostility and oppression: We give thanks this day.
For high hope and noble causes,

for faith without fanaticism,

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ACKNOWLEDGMENT OF THE PRESENCE OF GUESTS

At this juncture, Senator Pangilinan acknowledged the presence of the faculty members and students from Ramon Magsaysay Technological University in Botolan, Zambales.

Second Reading, of Senate Bill No. 2137 (Committee Report No. 34), entitled

APPROVAL OF THE JOURNAL

Upon motion of Senator Pangilinan, there being no objection, the Body dispensed with the reading of the Journal of Session No. 51 and considered it approved.

AN ACT TO DEFINE AND PUNISH THE CRIMES OF TERRORISM AND CONSPIRACY TO COMMIT TERRORISM AND OTHER ACTS INCIDENT THERETO, AND FOR OTHER PURPOSES.
Senator Pangilinan stated that the parliamentary status was still the period of individual amendments. Thereupon, the Chair recognized Senator Enrile, Sponsor of the measure.

DEFERMENT OF APPROVAL OF THE JOURNAL

Upon motion of Senator Pangilinan, there being no objection, the Body deferred the consideration and approval o f the Journal of Session No. 52 (December 18,2006).

INQUIRIES OF SENATOR PIMENTEL

Preliminarily, Senator Pimentel noted that even U S . leaders are beginning to doubt the propriety of sacrificing basic rights to combat so-called terrorism, as he pointed out that in the Iraq Study Report written by James A. Baker and Lee Hamilton of the US., there was hardly any mention of terrorism as it focused on insurgency which has caused a lot of problems in Iraq. He stated that there is a growing skepticism on the propriety of using the words war against terrorism, citing the U. S. Patriot Act recently crafted to combat terrorism, enacted without public debate, and included at least 20 terrorismrelated crimes punishable by death -which has been subjected to many criticisms even by those who supported it like Senators McCain, Schumer and Graham. In reply to a query, Senator Enrile affirmed that the proposed Act includes 10 predicate crimes which are defined in the Revised Penal Code. He clarified, however, that these crimes were simply added as an element in the commission of the crime of terrorism if the other elements of the crime are attendant. Senator Pimentel said that he was raising these issues as a guide in crafting the law so as not to repeat the errors of the U. S. Patriot Act and antiterrorism laws in other countries. Senator Enrile stated that the bill was purely of Philippine invention based on studies of the history of violence and also in consultation with experts who have extensively written books on terrorism. Senator Pimentel stated that the Senate could learn from the International Commission of Jurists

REFERENCE OF BUSINESS
The Secretary of the Senate read Proposed Senate Resolution No. 603, which the Chair referred to the Committee on Public Order and Illegal Drugs: RESOLUTION CALLING FOR AN INVESTIGATION INTO THE INCREASING FREQUENCY AND AUDACITY OF CRIMES COMMlTTED AGAINST GOVERNMENT OFFICIALS, JUDGES, JOURNALISTS, POLITICAL LEADERS AND FILIPINO CITIZENS Introduced by Senator Gordon

SUSPENSION OF SESSION
Upon motion of Senator Pangilinan, the session was suspended.

It was 3:50 p . m

RESUMPTION OF SESSION
At 3:51 p.m., the session was resumed.

COMMITTEE REPORT NO. 34 ON SENATE BILL NO. 2137 (Continuation)

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

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assertion in the Berlin Declaration of August 27 to 29, 2004, even if it is reflective of the thinking of other countries. He explained that the Iraq Study Group Report summarizes the assessment of what happened in Iraq which the Americans thought was the source of terrorist attacks against many parts of the world, and addresses the question of turmoil in Iraq not in terms of terrorism. Senator Enrile expressed the view that there is a terrorist activity within Iraq by certain elements. Senator Enrile agreed to the assertion of the International Commission of Jurists in the Berlin Declaration that the State must ensure that any derogation from a right during an emergency is temporary, strictly necessary and proportionate to meet a specific threat and does not discriminate on the grounds of race, color, gender, sexual orientation, religion, language, political or other opinion, national, social or ethnic origin, property, birth or other status, as he assured that the proposed Act does not suspend any of these rights. Senator Pimentel said that he would craft specific amendments to strengthen Senator Enriles assertion.

drink at a restaurant in the United Kingdom. He said that police are now scanning the airplane used by the Russian agent as the nerve weapon is so strong that it can infect passengers seated near him. He stressed that the people must be made to understand how dangerous these toxic weapons are like clostridium botulinum, a bacterial toxin used in Japan in 1995 by the Aum Shinrikyo cult in its train attacks where the poison gas was piped through the airconditioning system, either killing or seriously injuring thousands of commuters. He recalled that in the Oregon attacks in 1984, another bacterial toxin used was salmonella typhimurium which causes diarrhea and gastrointestinal symptoms. He underscored that these biological and chemical weapons are proscribed in the bill.

Asked whether the government was not using this proscribed weaponry against the Abu Sayyaf in Sulu or in its campaign against Muslim secessionists in Mindanao in much the same way that the U.S. experimented with Agent Orange in Vietnam, Senator Enrile replied that he was not aware of such fact. On whether the Philippine government, like the U.S. government, would declare war against terrorism should the bill be passed, Senator Enrile clarified that the proposed law seeks to control individual conduct just like a law that penalizes murder, arson or rape. He stressed that the government is not conducting any war against anybody but is simply instituting a defensive and punitive legal action against deviants who might commit such crime. Senator Pimentel noted that declaring war against terrorism is an American concept even as he expressed elation that the Body was not crafting a bill to toe the line of the U.S. government. In this regard, he cited military historian John Keegan who noted that the use of the word war to describe the response of the Bush administration to the 9/11 attacks appears to contradict the rationalist theory of war that has been the concept of world leaders since 1856 when they met in Paris and later in Geneva to draw up the Geneva Convention on the various aspects of war, and then in Hague for the Hague Convention of 1899. In reply, Senator Enrile explained that the government is at war against crime but not against any specific type of crime. Senator Pimentel stressed that there is really no war between the government and terrorism since the v e v act of terrorism is

As regards the kinds of weapons being used by terrorists, Senator Enrile stated that due to technological advancement, weapons would range from machine guns, rifles, rocket-propelled grenades, armorpiercing projectiles, molotov cocktails, bombs and even the ordinary Samurai sword, to biological materials like small pellets of uranium used in making nuclear explosives.
Senator Pimentel said that Filipinos may be familiar with the usual armaments but not too many are aware of the nature of biological and chemical weapons like nerve gases and dioxin. Senator Enrile explained that among the biological weapons would be living organisms or their toxins like anthrax spores, bird flu, smallpox and even foot and mouth disease that can be fatal; chemical weapons, on the other hand, would include nerve gas, mustard gas and other poisonous gases that choke the victims or cause large skin blisters which do not heal easily, and chemicals that enter the bloodstream leading to respiratory failure and death. Senator Pimentel disclosed that on November 23, 2006, anti-Putin activist Alexander Litvinenko was fatally poisoned by polonium 210 mixed in his food or

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ephemeral and sporadic. He believed that declaring war against terrorism would put the country on a continuous war footing under any administration. Moreover, Senator Pimentel pointed out that the terrorists of Osama Bin Laden, the prime mover of the 911 1 attacks in the U.S., do not wage terrorism to win wars because according to Leo Braudy in his book From Chivalry to Terrorism, Bin Laden sought no battle so keenly as the battle of the spirit; hence, when the planes exploded against the twin towers, it was not designed to cause the immediate collapse of the U.S. government. He said that the damage was greater at the psychological level than at the physical one. Senator Enrile maintained that no state has ever collapsed because of terrorism unlike in the case of rebellion or revolution that destroys an existing government to supplant it with another. He averred that terrorism is just a technique, part of the violence used in insurgency or in rebellious effort, although he acknowledged that in some instances terrorism succeeded in expelling a regime. He averred that one becomes a terrorist when he loses, but a hero when he wins. Further, he affirmed the observation that Bin Ladens suicide bombers committed their act because of the emotional commitment to religion and the promise of glory in the after-life. Following Bin Ladens lead, he agreed that it is very important to perceive the characterization of the terrorist as both missionary and warrior, so that if the terrorist fails in his mission and is caught, there must be a law under which to punish him. Senator Pimentel noted that author Leo Braudy supports Senator Enriles contention that modern terrorism resembles assassination more than it does war, citing the Brigada Rosa terrorists against the Italian government, the Algerian terrorists against the French occupation, and the Stem Gang terrorists against the British in Palestine which all sought to overthrow existing governments. He also mentioned George Soros who described the very idea of war on terrorism as a false metaphor, and British military historian Sir Michael Eliot Howard who believes that the phrase is a backhanded way of glorifying terrorism as it dignifies the terrorists with the status of belligerence when they should be treated as criminals. Senator Pimentel stressed that the Bush administrations war on terrorism against the Iraqi

government ironically gave birth to a whole generation of terrorists who are now turning Iraq and the Middle East into a cauldron of home-grown terrorists. He disclosed that the invasion of Iraq in 2003 by the Coalition of the Willing which continues to date has resulted in a death count of 2,878 American soldiers and 54,135 civilians as of November 28, 2006. Senator Enrile agreed that when one speaks of war against terrorism or war against rebellion, one is making a metaphorical statement as the classical definition of war is interstate conflict. He expressed the view that the Iraqi problem was an offshoot of the Afghanistan fiasco, the casualties of which could considerably increase the body count. As a historical warning, Senator Pimentel adverted to the fact that the use of war as a means to combat terrorism was attributed to Pompey the Great, arguably the greatest soldier o f imperial Rome, who, in 68 B.C., got the Roman Forum to allow him free use of the entire contents of the Roman treasury, some 144 million sesterces to underwrite his war on terror in retaliation to a terrorist attack on Ostia, a port in Rome. Quoting author Robert Harris, Senator Pimentel said that such decision of the Roman people set them on the path to the destruction of their Constitution, democracy and liberty. He wondered whether the author is right in his observation that history is repeating itself. However, Senator Pimentel acknowledged that the bill under consideration was a far cry from Pompeys authorization as the Body precisely was discussing how to make the bill more humane for instance, the period of detention without judicial warrant had been reduced from 15 days to 5 days. He recalled that following the 9/11 attacks, even former President Carter commented that the U.S. government overreacted by detaining more than 1,200 innocent men throughout America, none of whom was ever convicted of any crime related to terrorism.
~

Senator Pimentel expressed appreciation that in the spirit of New York Senator Charles Schumers remarks, the bill was being subjected to open debate, the Body was trying to set rules, and an independent arbiter, in this case, the Court of Appeals, had been appointed. He acknowledged that Senator (J) Ejercito Estradas amendment on the role of the Commission on Human Rights was an added safeguard. He believed that all these safeguards in the bill wouldfl

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prevent the country from falling into the traps Mr. Bush had fallen into. Finally, on the definition of terrorism, Senator Pimentel explained that, etymologically, the word comes from the French word terrorisme, which is derived from the Latin verb terrere, which means to cause to tremble. He confessed that he could not find a universally accepted definition of the term. He cited Robespicrre, the radical leader of the Jacobins who led the rebellion against the French monarchy and who justified the use of terror to eliminate political enemies as nothing but prompt, severe and inflexible justice, and this led to the death sentence of some 40,000 people during the Reign of Terror in France. He said that the Jacobins, who rebelled against the French Monarchy in 1789, instituted the so-called Committee on Public Safety (1793-1795) which turned out to be an instrument for the brutal coercion of people to submit to certain policies; this apparently led the word terrorism creeping into English usage in 1795 when Edmund Burke referred to the way the Jacobins mled France as a Reign of Terror. Senator Pimentel pointed out that in a U. S. Army pamphlet called TRADOC Pamphlet No. 525-37 (1984), teirorism is defined as the calculated use of violence or threat of violence to attain goals that are political, religious, or ideological in nature through intimidation, coercion, or instilling fear; on the other hand, a U S . Department of Defense publication came up with its own definition of terrorism as the unlawful use of or threatened use of force or violence against individuals of property to coerce or intimidate governments or societies often to achieve political, religious or ideological objectives, but this was withdrawn from the US. military manual because if taken literally, the definition classifies the U S . as a terrorist state. Senator Pimentel stated that terrorists are as old as the history of the Assyrians and the Mongols, and that even a terror group called sicarii was organized to strike down rich Jewish collaborators who were friendly to the Romans. He explained that sicarius is a common Latin term for an assassin, as in the title of the law promulgated by Sulla, the Lex Cornelia de Sicariis. Given the difficulty of defining terrorism, Senator Pimcntel noted that the Committee indicated instead the predicate crimes which could lead to an individuals conviction for the crime of terrorism,

Senator Enrile replied that the bill defines the crime of terrorism according to statute books. Asked whether terrorism is designed to threaten the personal safety of target audiences by instilling fear and panic, Senator Enrile replied that in a real terrorist activity, there is a primary indirect object that must be coerced through the use of a direct object, and normally, the innocent civilian population is the direct object while the government is the primary indirect object. Senator Pimentel said that the U. S. experience in terrorism led to, among other things, the creation of the Department of Homeland Security, which has acquired vast powers from coast guard duties, border patrol, immigration, naturalization, transportation, security administration, federal emergency management, and even to some extent over the FBI and the CIA, and state governments departments of defense, energy, justice, health, human services, environmental affairs and even over the Nuclear Regulatory Agency. Senator Enrile gave the assurance that the proposed Act does not envision the creation of this kind of agency.

PIMENTEL AMENDMENT
On page 1, after line 8, as proposed by Senator Pimentel and accepted by the Sponsor, there being no objection, the Body approved the insertion of a new paragraph to read
IN THE IMPLEMENTATION OF THE POLICY STATEDABOVE, THE STATE SHALL UPHOLD THE BASIC RIGHTS AND FUNDAMENTAL LIBERTIES OF THE PEOPLE AS ENSHRINED IN THE CONSTITUTION.

Senator Pimentel stated that since the Constitution is the bedrock of the protection of peoples rights, their basic rights and fundamental liberties must not be sacrificed in the guise of protecting them from the scourge of terrorism.

PROPOSED AMENDMENTS OF SENATOR PIMENTEL

On page 2, Senator Pimentel proposed the deletion of lines 8 to 11. Senator Enrile said that there was no incompatibility between Senator Pimentcls previously accepted amendment and Senator Gordons proposed amendment as embodied on page 2, lines 8 to 11 as the latter is simply a statement that the powers of the government through this measure cannot be limited in+f

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the same manner that Senator Pimentels amendment would like to preserve the peoples liberties. On the same page, Senator Pimentel proposed the rewording of Section 3 to provide that any foreigner, or agent of a foreign power or foreign organization who commits an act under any of the specified provisions of the Revised Penal Code shall be guilty of the crime of terrorism and be punished with reclusion perpetua, and that a Filipino citizen who commits the crime of terrorism in conspiracy with a foreigner, or an agent of a foreign power or a foreign organization shall likewise be punished with reclusion perpetua; otherwise, he or she shall be punished with the penalties provided for by the specific provisions of the Revised Penal Code or the special laws that he or she violated; but when a Filipino commits specific criminal acts by himself, he shall be punished under the Revised Penal Code. He explained that the proposed amendment would, in effect, protect the Filipino citizen from being prosecuted for two separate offenses under the Revised Penal Code and the Anti-Terrorism Act, and prevent any abuse of the Act by prosecutors. Senator Enrile said that he could not accept the proposed amendment because this would, in effect, allow the Filipino citizen to commit all the acts defined in the proposed Act without being punished for the crime of terrorism. He believed that crime has no nationality and, as such, the same definition of the crime of terrorism as well as its penalties should apply also to a Filipino terrorist. Senator Pimentel clarified that while the law has to be applied regardless of ones nationality, the process of crafting an anti-terrorism law is within the unfettered jurisdiction of lawmakers pursuant to constitutional inhibition. He said that the matter should be referred to the Body. At this point, the Chair suggested that the Body defer action on the matter to a later hour when the proposed amendments could be tackled one at a time.

Upon resumption, Senator Pangilinan stated that it was agreed that Senator Enrile would go through Senator Pimentels proposed amendments overnight and identify which ones are acceptable and unacceptable.

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2137

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

RECONSIDERATION OF THE APPROVAL OF SENATE BILL NO. 2541 ON SECOND READING

Upon motion of Senator Pangilinan, there being no objection, the Body reconsidered the approval, on Second Reading, of Senate Bill No. 2541, entitled AN ACT PROVIDING FOR THE CONTROL AND ELIMINATION OF RABIES, PRESCRIBING THE PENALTIES FOR VIOLATION THEREOF AND APPROPRIATING FUNDS THEREFOR.

As a consequence, upon motion of Senator Pangilinan, there being no objection, the Body reopened the period of individual amendments. Thereafter, the Chair recognized Senator Cayetano, Sponsor of the measure, and Senator Madrigal for her amendments and clarificatory questions.

INQUIRIES OF SENATOR MADRIGAL

Senator Madrigal informed the Body that a group of NGOs and associations of private veterinarians, who were not able to attend the hearings on Senate Bill No. 2541, had approached her regarding certain provisions of bill. She said that said group claimed that private veterinarians, who make up 95% of the practicing veterinarians especially those involved in the treatment of dogs, were not invited to the hearings. Senator Cayetano clarified that this group also approached the Committee and raised certain issues which, she believed, were addressed in the bill. She said that some representatives from private veterinary groups, who were invited by the Committee, did not attend the hearings but she assured that the Committee would be more than willing to consider their concerns. .tr

SUSPENSION OF SESSION
With the permission of the Body, Chair suspended the session.

It was 4:47 p.m.

RESUMPTION OF SESSION
At 5:39 p.m., the session was resumed.

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Noting that some local government units have their own anti-rabies ordinances, campaigns, and programs, Senator Madrigal asked how the Committee proposes to reconcile all these with the proposed measure. Senator Cayetano replied that national laws take precedence over local ordinances. However, she stated that the Committee tried its best to craft the measure in a manner that would authorize the LGUs to implement the law, and did not provide too many details in the bill to minimize possible conflicts. Incidentally, she said that there are 455 cities and municipalities that have dog control ordinances. Senator Cayetano stated that the issue raised by private practitioners on the impounding of a dog suspected of having rabies in a private pound or veterinary clinic at the option of the dog owner was part of the committee amendments approved by the Body in the previous session. Asked whether the ordinances advocate mandatory vaccination and euthanasia, Senator Cayetano replied that since the ordinances are a product of the DA campaign against the rabies problem, rabies vaccination is mandatory but there is no provision for euthanasia, which is consistent with the Animal Welfare Act. With respect to the provision requiring annual rabies vaccination, Senator Cayetano stated that the Committee has reworded it to provide that vaccination shall be done regularly, allowing the implementing agencies to decide on technicalities. Senator Madrigal noted that the Marikina Animal Code of 2003 seems to be effective and could he used as a model for animal registration and rabies prevention. Senator Cayetano said that she would look into the city ordinance but she would have appreciated it if these concerns were brought up during the hearings in the form of position papers which the Committee could have studied and considered. Asked whether the salient provisions of the Marikina Animal Code of 2003 could be incorporated into the bill, Senator Cayetano replied that she would have to go through the said Code first before she could give her opinion on the matter. At this point, Senator Madrigal read some salient features of the Marikina Animal Code of 2003. to wit:

Dog owners are required to submit an application form, a certificate of residency, and a pair of 2x2 photos, and a registration fee of P75 within 30 days. Those who will fail to comply will be fined P1,OOO. Owners must also bring a certificate or proof o f anti-rabies vaccination, otherwise, the dogs presence is required during registration. Five days later, the dog will be issued a certificate of registration listing the name, address and contact number of its owner as well as the dogs name, sex, breed, color and registration number.

Those dogs which stay in the City of Marikina for a period of 30 days are required to
register except those which are brought exclusively for shows and exhibitions and those

owned by pet shops.

A person bitten by a dog is entitled to monetary compensation from the owner. Likewise, dog owners who allow their pets to stray in the street are fined P500 and the dogs are impounded after a third violation.

Senator Cayetano said that these matters are best left to the implementing agencies; the issue with respect to the limitation on transportation of dogs is difficult to include in a bill of national scope. She assured the Body that the bill has provided sufficient guidelines for the LGUs. On the concern that non-inclusion of such limitations in the bill might open the floodgates to abuses, Senator Cayetano said that the Committee would be willing to work with Senator Madrigal in improving provisions which could be subject to abuse. Senator Madrigal said that according to the Bureau of Animal Industry (BAI), rabies vaccination would require P80 million based on the estimated aggregate of eight million dogs in the country, which the BAI believed is an inaccurate estimation of the dog population. Senator Cayetano requested that she be furnished with the necessary data as it would be difficult for the Committee to address the concern on rabies vaccination without the accurate figme. Senator Madrigal stated that the BAI veterinarians would he coming to the Senate the next day with the statistics. Senator Cayetano expressed willingness to adjust the budget for rabies vaccination with the actual number of dogs in the c0untry.w

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TUESDAY, DECEMBER 19,2006

In reply to Senator Madrigals previous queries, Senator Cayetano stated that feline fibrosarcoma is a rare ailment found in cats and there are no reported cases of such ailment in the Philippines. She said that one dose of the vaccine is recommended every year or in the alternative of three years if there is low incidence of rabies in a particular area. The bill, she clarified, provides for regular vaccination but it would be up to the implementing agencies to determine the schedule.
With respect to the cost of rabies vaccination, Senator Cayetano informed the Body that the BAI procures the vaccine in IO-dose vials through the WHO, which are imported into the country duty-free, while local suppliers purchase the vaccine in single-dose vials at P70.00 to P80.00 per vial, subject to tax and duties. Rabies vaccines, she said, include Rabisin from Merial, Rabdomun from Schering-Plough, and Novibac from Intervet. She stated that animal practitioners charge their clients for professional fee, dog tags and vaccination certificates. Further, Senator Cayetano said that countries with high human rabies incidence in 2004 include India with 17,000 deaths or 16% per one million people; Pakistan, 2,490 deaths or 17%; Bangladesh, 1,550 deaths or 12%; Myanmar, 1,100 deaths or 23%; China, 2,900 deaths or 1.6%; and the Philippines, 248 deaths or 3.3%. On the concern that there is an apparent gap between private veterinarians who say that they have handled feline fibrosarcoma cases in the Philippines and their counterparts in the public sector who say otherwise, Senator Cayetano said that she would look into the matter to reconcile the data in both sectors.

CONFERENCE COMMITTEE REPORT ON SENATE BILL NO. 1967 AND HOUSE BILL NO. 4451
Upon motion of Senator Pangilinan, there being no objection, the Body considered the Conference Committee Report on the disagreeing provisions of Senate Bill No. 1967. entitled AN ACT REDEFINING THE TERM VETERAN THEREBY AMENDING FURTHER REPUBLIC ACT NO. 6948, AS AMENDED, and House Bill No. 4451. entitled AN ACT REDEFINING THE TERM VETERAN THEREBY AMENDING FURTHER REPUBLIC ACT NO. 6948, AS AMENDED. The Chair recognized Senator Biazon to sponsor the report.

SPONSORSHIP REMARKS OF SENATOR BIAZON

Senator Biazon presented for the consideration and approval of the Body the Conference Committee Report on Senate Bill No. 1967 and House Bill No. 4451. He then read the Joint Explanation of the Bicameral Conference Committee, to wit:
The Conference Committee on the disagreeing provisions of Senate Bill No. 1967 and House Bill No. 4451, after having met and fully discussed the subject matter in a conference, hereby report to their respective Houses the following, that:
1.

The Senate version was used as the working draft;

Section 1 (a) on the definition of the veteran was re-styled by way of listing or enumerating three categories covered under the definition. The reconciled version now reads as follows:

MANIFESTATION O F SENATOR PANGILINAN

Senator Pangilinan stated that the Body would consider the bill in the next days session with Senators Defensor Santiago and Madrigal to continue with their amendments.

2.

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2541

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

Section 1). Section 2 (a) of Title 1 of Republic Act No. 6948 is amended to read as follows: (a) Veteizn - any person who: ( I ) rendered military service in the land, sea or air forces of the Philippines during the revolution against Spain, the PhilippineAmerican War, and World War 11,

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including Filipino citizens who served with the Allied Forces in Philippine territory; (2) was a member of the Philippine Expeditionary Forces sent to the Korean War and the Philippine Civic Action Group sent to the Vietnam War; (3) rendered military service in the Armed Forces of the Philippines (AFP) and has been honorably discharged or retired after at least twenty (20) years total cumulative active service or sooner separated while in the active service in the AFP due to death or disability arising from a wound or injury received or sickness or disease incurred in line of duty. A new Section 2 was provided in the reconciled version to read as follows: See 2. Coverage ofPersons in Military Service. - This Act shall apply to those persons who are going to enter the military service after its effectivity. The subsequent sections were renumbered with the words Implementing Rules and Regulations inserted in Section 3 of the reconciled version. The title of the reconciled version shall read as:
AN ACT REDEFINING THE TERM

A N ACT STRENGTHENING THE REGULATORY FUNCTIONS OF THE PHILIPPINE OVERSEAS EMPLOYMENT ADMINISTRATION (POEA), FURTHER IMPROVING THE HIGHER STANDARD OF PROTECTION AND PROMOTION OF THE WELFARE OF MIGRANT WORKERS, THEIR FAMILIES AND OVERSEAS FILIPINO WORKERS IN DISTRESS. Senator Pangilinan stated that the parliamentary status was the period of interpellations.

TERMINATION OF THE PERIOD OF INTERPELLATIONS

There being no reservation for interpellation, upon motion of Senator Pangilinan, there being no objection, the Body closed the period of interpellations.

TERMINATION OF THE PERIOD OF AMENDMENTS

There being no committee o r individual amendment, upon motion of Senator Pangilinan, there being no objection, the Body closed the period of amendments.

VETERAN THEREBY AMENDING FURTHER REPUBLIC ACT NO. 6948, AS AMENDED. In case of a conflict between the statementdamendments stated in this Explanation and that of the provisions of the consolidated bill in the accompanying Conference Committee Report, the provisions of the latter shall prevail.

APPROVAL OF SENATE BILL NO. 2501 ON SECOND READING

Submitted to a vote, there being no objection, Senate Bill No. 2501 was approved on Second Reading.

APPROVAL OF THE CONFERENCE COMMITTEE REPORT

Submitted to a vote, there being no objection, the Conference Committee Report on the disagreeing provisions of Senate Bill No. 1967 and House Bill No. 4451 was approved by the Body.

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2501

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

SUSPENSION OF SESSION
Upon motion o f Senator Pangilinan, the session was suspended.

COMMITTEE REPORT NO. 156 ON SENATE BILL NO. 2501 (Continuation)

Upon motion of Senator Pangilinan, there being no objection, the Body resumed consideration, on Second Reading, o f Senate Bill No. 2501 (Committee Report No. 156), entitled

It was 6:15 pm.

RESUMPTION OF SESSION
At 6:17 p.m., the session was resumed.

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COMMITTEE REPORT NO. 15 ON SENATE BILL NO. 1949 (Continuation)

Upon motion of Senator Pangilinan, there being no objection, the Body resumed consideration, on Second Reading, of Senate Bill No. 1949 (Committee Report No. 15), entitled
AN ACT GOVERNING THE ESTABLISH-

of Lending Company as follows: LENDING COMPANY SHALL REFER TO A CORPORATION ENGAGED IN GRANTING LOANS FROM ITS OWN CAPITAL FUNDS OR FROM FUNDS SOURCED FROM NOT MORETETEEN(19)PERSONS. IT SHALL NOT BE DEEMED TO INCLUDE BANKING INSTITUTIONSx x x;
On page 4, line 1, the last sentence of Section 6 should read as follows: NO FOREIGN NATIONALMAY BE ALLOWED TO OWN STOCK UNLESS THE COUNTRY OF WHICH HE IS ANATIONAL ACCORDS RECPROCAL RIGHTS TO FILIPINOS.;and

MENT, OPERATION AND REGULATION OF LENDING COMPANIES. Senator Pangilinan stated that the parliamentary status was the period of individual amendments. Thereupon, the Chair recognized Senator Angara, Sponsor of the measure, and Senator Osmeiia for his amendments.

As an omnibus amendment, wherever DTI appears as a regulator of the lending company,change DTI to SECURITIES AND EXCHANGE COMMISSION (SEC).

SUSPENSION OF SESSION
Upon motion of Senator Pangilinan, the session was suspended.

TERMINATION OF THE PERIOD OF INDIVIDUAL AMENDMENTS

There being no other individual amendment, upon motion of Senator Pangilinan, there being no objection, the Body closed the period of individual amendments.

It was 6:18 p.m.

RESUMPTION OF SESSION
At 6:36 p.m., the session was resumed.

APPROVAL OF SENATE BILL NO. 1949 ON SECOND READING

Submitted to a vote, there being no objection, Senate Bill No. 1949 was approved on Second Reading.

ANGARA AMENDMENT SUSPENSION OF SESSION

On page 1, line 2, as proposed by Senator Angara, there being no objection, the Body approved the change of the year 2005 to 2006. Upon motion of Senator Pangilinan, the session was suspended.

REMARKS OF SENATOR ANGARA

Senator Angara stated that in the previous session, he accepted four amendments introduced by Senator OsmeEa, which were incorporated into the draft. He said that Senator Osmeiia would like to propose additional amendments which he would be happy to consider.

It was 6:40 p.m

RESUMPTION OF SESSION
At 6:41 p.m., the session was resumed.

OSMERA

RECONSIDERATION OF THE APPROVAL OF SENATE BILL NO. 1949 ON SECOND READING

Upon motion of Senator Pangilinan, there being no objection, the Body reconsidered the approval of Senate Bill No. 1949 on Second Reading. As a consequence, upon motion of Senator Pangilinan, there being no objection, the Body reopened the period of individual amendment.

AMENDMENTS

As proposed by Senator Osmeiia and accepted by the Sponsor, there being no objection, the Body approved the following amendments, subject to style, one after the other:
1.

On page 1, lines 12 to 15, reword the definition

TUESDAY. DECEMBER 19.2006

1065 condition and by laying down the minimum requirements and standards under which they may be established.
Best wishes.

Thereafter, the Chair recognized Senator Angara, Sponsor of the measure, and Senator Osmefia for his amendments.

OSMERA AMENDMENT
On page 5 , line 16, as proposed by Senator Osmeria and accepted by the Sponsor, there being no objection, the Body approved the substitution of the word and figure six (6) with THREE (3).

Very truly yours, (Sgd.) GLORIA ARROYO

SUSPENSION OF SESSION
Upon motion of Senator Pangilinan, the session was suspended.

TERMINATION OF THE PERIOD OF INDIVIDUAL AMENDMENTS

There being no other individual amendment, upon motion of Senator Pangilinan, there being no objection, the Body closed the period of individual amendments.

It was 6:44 p.m

RESUMPTION OF SESSION
At 6:50 p,m., the session was resumed.

APPROVAL OF SENATE BILL NO. 1949 ON SECOND READING

Submitted to a vote, there being no objection, Senate Bill No. 1949 was approved on Second Reading.

APPROVAL OF SENATE BILL NO. 1949 ON THIRD READING In view of the presidential certification, upon motion of Senator Pangilinan, there being no objection, the Body considered, on Third Reading, Senate Bill No. 1949.
Pursuant to Section 67, Rule XXIII of the Rules of the Senate, upon motion of Senator Pangilinan, there being no objection, Executive Director Bantug read only the title of the bill, to wit: AN ACT GOVERNING THE ESTABLISHMENT, OPERATION AND REGULATION OF LENDING COMPANIES. Executive Director Bantug called the roll for nominal voting.

PRESIDENTIAL CERTIFICATION
Upon direction of the Chair, Executive Director Renato Bantug Jr. read the Presidents certification as to the necessity of the immediate enactment of Senate Bill No. 1949, to wit:

MALACASTANG
MANILA May 28,2005
HON. FRANKLIN M. DRILON Senate President

Philippine Senate Pasay City Dear Senate President Drilon: Pursuant to the provisions of Article VI, Section 26(2) of the 1987 Constitution, I hereby certify to the necessity of the immediate enactment of Senate Bill No. 1949, under Committee Report No. 15, entitled
AN ACT GOVERNING THE ESTABLISHMENT,

RESULT OF THE VOTING

The result of the voting was as follows:

In favor
Angara Biazon Cayetano Drilon Ejercito Estrada (J) Flavier Gordon Osmeiia Pangilinan Pimentel Recto Vilar

OPERATION AND REGULATION OF LENDING COMPANIES,

to address the urgent need of regulating the establishment of lending companies by placing their operations on a sound, efficient and stable

1066

TUESDAY. DECEMBER 19.2006

Against
None

ADJOURNMENT OF SESSION
Upon motion of Senator Pangilinan, there being no objection, Senate President Pro Tempore Flavier declared the session adjourned until three oclock in the afternoon of the following day.

Abstention
None With 12 senators voting in favor, none against, and no abstention, the Chair declared Senate Bill No. 1949 approved on Third Reading.

It was 6 : 5 3 p.m.

I hereby certify to the correctness of the

foregoing.

COAUTHOR
Senator Pangilinan manifested that Senator Gordon is a coauthor of Senate Bill No. 1949.

SUSPENSION OF SESSION
Upon motion of Senator Pangilinan, the session was suspended.

It was 6:52 p.m.

RESUMPTION OF SESSION
At 6:53 p.m., the session was resumed. Approved on January 23, 2007