R E P U B L IC O F T H E P H IL IP P IN E S

P a sa y C ity

Journal
S E S S IO N NO. 6 0
Wednesday, February 8, 2017

SEVENTEENTH CONGRESS
F IR S T REGULAR SESSIO N
 SESSION NO. 60
Wednesday, February 8,2017

CALL TO ORDER us and enlighten us to fulfill Your call to love

one another as You have loved us.
At 3:14 p.m., the Senate President, Hon,
In these challenging times, let us trust in
Aquilino “Koko” Pimentel III, called the session to
order. Your promise when You said, Fear not,
for 1 am with you; be not dismayed, for I am
PRAYER your God. 1 will strengthen you, 1 will help
you, I will uphold you with My righteous
right hand."
Sen. Loren Legarda led the prayer, to wit:
AintMi.
Heavenly Father,
SUSPENSION OF SESSION
We thank You for giving us this day to
work and be of serx'ice to our countiy'men.
Upon motion of Senator Sotto, the session was
You said that righteousness elevates a suspended.
nation to greatness.
It was 3:15 p.in.
Grant us, O Lord, righteous judgnient as
we make moral and etliical decisions for the
RESUMPTION OF SESSION
good o f the Filipino people. Fill our hearts
with compassion for the weak, courage in the
face o f diversity, wisdom to make upright At 3:23 p.m., the session was resumed.
decisions, and patience to follow the road
You have taken. ROLL CALL

For all the issues that may divide us and Upon direction of the Senate President, the Secretary
for all tlie uncertainties that come our way, of the Senate, Att>'. Lutgardo B. Barbo, called the
we pray that Your Spirit will dwell among roll, to which the following senators responded:

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 946 WEDNESDAY, FEBRUARY 8, 2017

Angara, S. Honasan, G. B. REFERENCE OF BUSINESS

Aquino, P. B. IV B. Hontiveros, R.
Binay, M. L. N. S. Lacson, P. M. The Secretary of the Senate read the following
De Lima, L. M. Legarda, L. matters and the Chair made the corresponding
Drilon, F. M. Pacquiao, E. M. D. referrals:
Ejercito, J. V. G. Pimentel III, A. K.
Escudero, F. J. G. Poe, G. BILL ON FERST READING
Gatchalian, W. Sotto III, V. C.
Senate Bill No. 1316, entitled
Gordon, R. J.
AN ACT EXEMPTING THE BUREAU
With 17 senators present, the Chair declared the OF INTERNAL REVENUE FROM
presence of a quorum. THE COVERAGE OF REPUBLIC
ACT NO. 6758, OTHERWISE KNOWN
Senators Pangilinan, Recto, Villanueva and Zubiri AS THE COMPENSATION AND
arrived after the roll call. POSITION CLASSIFICATION ACT
OF 1989, AS AMENDED, AND FOR
Senator Villar was on official business as a guest OTHER PURPOSES
of the Bureau of Customs on the occasion of its
115* Founding Anniversary as indicated in the letter Introduced by Senator Recto
of her chief of staff dated February 8, 2017.
To the Committees on Ways and Means;
Senators Cayetano and Tril lanes were on official Civil Service, Government Reorganization and
mission abroad to attend the 65* National Prayer Professional Regulation; and Finance
Breakfast at Washington Hilton in Washington D.C.
RESOLUTION
DEFER.MENT OF THE APPROVAL
OF THE JOURNAL Proposed Senate Resolution No. 284, entitled

A RESOLUTION COMMENDING
Upon motion of Senator Sotto, there being no
JERWIN ANCAJAS FOR WINNING
objection, the Body deferred the consideration and
IBF WORLD SUPER FLYWEIGHT
approval of the Journal of Session No. 59 (February
TITLE IN MACAU
7, 2017) to a later hour.
Introduced by Senator Emmanuel “Manny”
A CKNOW LEDGM ENT D. Pacquiao
OF THE PRESENCE O F GUESTS
To the Committee on Rules
At this juncture, Senator Sotto acknowledged the
presence in the gallery of the following guests: COM M ITTEE REPORTS
• Students o f the College o f Immaculate Committee Report No. 35, submitted by the
Conception, Cabanatuan City, headed by Renato Committee on Labor, Employment and Human
Bautista and Bessy Galang; Resources Development, on Senate Bill No. 209,
• Students from Keys School Manila headed by introduced by Senator Joel Villanueva, entitled
Ms. Stefanie Barredo and accompanied by
teachers Monica Javier, Leah Sy, Grey de AN ACT DECLARING THE TWENTY-
Guzman and Jean Bautista; FIFTH DAY OF AUGUST OF EVERY
YEAR AS THE NATIONAL TECH-
• Vice Governor Joey Pelaez of Misamis Oriental; VOC DAY,
and
• Gerald Ortiz, former board member of Quezon recommending its approval without amendment.
Province.
Sponsor: Senator Joel Villanueva
Senate President Pimentel welcomed the guests
to the Senate. To the C alendar for O rdinary Business
ness

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WEDNESDAY, FEBRUARY 8, 2017 947

Committee Report No. 36, submitted by the To the Committees on Labor, Employment
Committee on Public Services, on House Bill and Human Resources Development; Educa­
No. 4631, introduced by Representative tion, Arts and C ulture; and Finance
Enverga, et al., entitled
MANIFESTATION OF SENATOR SOTTO
AN ACT RENEWING FOR ANOTHER
TWENTY-FIVE (25) YEARS THE Senator Sotto recalled that the recent hearing
FRANCHISE GRANTED TO REPUBUC of the Committee on Justice and Human Rights was
BROADCASTING SYSTEM, INC., suspended after a representative of Amnesty Inter­
PRESENTLY KNOWN AS GMA national (Al) presented a copy of tlie Second Optional
NETWORK, INC., AMENDING FOR Protocol to the International Covenant on Civil and
THE PURPOSE REPUBLIC ACT Political Rights which was, according to the records
NO. 7252, ENTITLED AN ACT presented by the Al representative, adopted and
GRANTING THE REPUBLIC BROAD­ proclaimed by the United Nations General Assembly
CASTING SYSTEM, INC. A FRAN­ on December 15, 1989, and which the Philippines
CHISE TO CONSTRUCT, INSTALL, signed on September 20,2006, and that the Philippines
OPERATE AND MAINTAIN RADIO also submitted to the UN on November 20, 2007, the
AND TELEVISION BROADCASTING Instrument of Ratification on the agreement which
STATIONS IN THE PHILIPPINES, seeks the abolition of the death penalty.

recommending its approval with amendments. Senator Sotto then requested Senator Gordon, as
chairperson of the Committee on Justice and Human
Sponsor: Senator Grace Poe Rights, to find out whether the document had been
signed by the Senate and to determine as well the
To the C alendar for O rdinary Business identity of the signatory because according to the
Senate Protocol Office, they do not have a copy of
ADDITIONAL REFERENCE OF BUSINESS the Instrument of Ratification and that they are
now checking their records. He said that he has
BILLS ON FIRST READING requested the same office for a certification that
there is no such Instrument of Ratification submitted
Senate Bill No. 1317, entitled to the Senate. He appealed to tlie Committee on Justice
and Human Rights to check the veracity of the claim
AN ACT STRENGTHENING COMPLI­ to be able to detennine whether the Committee
ANCE WITH OCCUPATIONAL would resume or suspend the hearing on the matter.
SAFETY AND HEALTH STAN­
DARDS AND PROVIDING PENAL­ For his part. Senator Gordon confirmed that the
TIES FOR VIOLATIONS THEREOF issue of ratification of the Second Protocol was
raised during the previous day’s hearing and that
Introduced by Senator Joel Villanueva it became a supervening event that needed to be
resolved. He informed the Body that he had asked
To the Committee on Labor, Employment the Secretary of Justice to determine whether there
and Hum an Resources Development was such a ratification particularly as it would hand­
cuff the Committee from acting on the death penalty
Senate Bill No. 1318, entitled bill because it would be a very bad show for the
Philippines to sign a treaty only to unilaterally back
AN ACT INSTITUTING A PHILIPPINE out of its commitment and it is important for the
LABOR FORCE COMPETENCIES Philippines to retain the respect of the international
CO M PETITIV EN ESS PROGRAM. community. Moreover, he pointed out that it is clear
AND ESTABLISHING FREE ACCESS in the Constitution that the Philippines renounces
TO TECHNICAL AND VOCA­ war as an instrument of policy and that it adheres
TIONAL TRAINING PROGRAMS to internationally accepted principle that treaties and
conventions that have been popularly ratified are
Introduced by Senator Joel Villanueva part of the law of the land.
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 948 WEDNESDAY, FEBRUARY 8. 2017

To save time and avoid possible embarrassment, an observer party in the next meeting if the ratification
Senator Gordon suggested that the Senate maintain a process is not completed within the year. She lamented
ready file o f all treaties duly concurred in by the that the inefficiency of the bureaucracy has left the
Senate, that is easily accessible to any Member for country at the sidelines of discussions.
use during discussions or hearings so that it would
not have to rely on anyone else for such information. REQUEST OF SENATOR SOTTO
He noted that the U.S. Library o f Congress has a
database o f practically all records of the world that Senator Sotto reiterated his request for the
are available for research purposes of its members. Committee on Justice and Human Rights to take a
look and find out who signed the Second Optional
At this juncture, Senator Legarda requested Protocol to the International Covenant on Civil and
the Committee on Foreign Relations and the other Political Rights, and to look for a copy of the
committees to help the Secretariat in the undertaking Instrument of Ratification submitted to the UN.
so that every senator would have a hard and soft
copy o f every convention and treaty that had been REQUEST OF SENATOR GORDON
entered into by the Philippine government to avoid
confusion and to avoid holding hearings or enact law's Senator Gordon stated that the Secretary of the
that contravene the essence of such agreements. Senate is the keeper of all records, hence, proper
She recalled having come across a budget allocation turnover of all records in the possession of the
for the Philippines’ membership in the Asian Infra­ Senate, particularly on matters like ratification of
structure Investment Bank during a finance committee treaties, is important because the Constitution provides
hearing and she was made to realize the urgency of that the Senate is the agency of government that can
the Senate concurring in the ratification of the AIIB ratify and concur in treaties. He also mentioned the
because the country would lose its opportunity to be importance of accessing the information instantly.
a founding member of the agreement on the AIIB Thus, he reiterated his request for the Senate to
if the Senate fails to concur within a period of time. have a ready file of all the treaties and agreements
She said that she had to shepherd the ratification just entered into by the country. He stated that such
in time, or else the country would have lost the operation should be conducted in the Senate as the
chance of being a founding member of the AIIB. primary responsibility is lodged in the Senate Secretary
She stated that it would be instructional and helpful, who has to certify that a treaty was ratified and
not only for the Senate but for the whole government, concurred in by the Senate on specific dates.
to have a database for all the treaties that the
country has entered into which should be accessible DIRECTIVE OF THE SENATE PRESIDENT
and categorized according to subject matter, like
Senate President Pimentel identified two issues
justice, environment and agriculture.
arising from the exchanges, and directed the Secretary
to —
Senator Legarda also urged the Office of the
President to transmit to the Senate, particularly to the • Provide the senators a list of all the treaties and
Committee on Foreign Relations, the Paris Agreement international agreements concurred in by the
which she has been waiting for since last year even Senate; and
when about 33 certificates of concurrence have already • Answer in writing the question of fact by
been submitted by all agencies o f government. To Senator Sotto on whether the Philippines is a
help facilitate the process, she disclosed that she had party to the First Optional Protocol and to the
to personally call the DFA, and that she learned that Second Optional Protocol of the International
Secretary Yasay had already handed the Agreement Convention on Political and Civil Rights, with
to Deputy Secretary Atty. Maynard Guevarra in documentary proof, copy furnished to all senators.
Malacanang a week or two ago. She then reiterated
her plea so that the Senate can start conducting COMMITTEE REPORT NO. 33
hearings on the agreement, as Senator Cayetano, the ON SENATE BILL NO. 1311
chairman o f the Committee on Foreign Relations, {Continuation)
had expressed his desire to hear it or assign a
subcommittee to someone willing to sponsor it. She Upon motion of Senator Sotto, there being no
forewarned the Body that the country would just be objection, the Body resumed consideration, on Second

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WEDNESDAY, FEBRUARY 8. 2017 949

Reading, of Senate Bill No. 1311 (Committee Report It is, however, the subsets of these report
No. 33), entitled cards which tell us of our biggest problems.
In the 2015 report of the World Bank, we are
AN ACT ESTABLISHING A NATIONAL 161* in starting a business, 127lh in ease in
POLICY OF EASE OF DOING paying taxes, and 115'*' in the paper work to
BUSINESS, CREATING FOR THE employ workers.
PURPOSE THE EASE OF DOING
In the 2017 ranking by World Bank, we are
BUSINESS COMMISSION, AND FOR
171'1’ in starting a business, 85“’ in dealing with
OTHER PURPOSES. construction permits, and 112,h in registering
a property.
Thereupon, the Chair recognized Senator Recto
to cosponsor the measure. In many of these metrics, failed states,
like Afghanistan, are ranked higher than us. The
seven countries covered by Trump’s immigration
SUSPENSION OF SESSION
ban even fared better.

Upon motion o f Senator Sotto, the session was As we are still nursing a Miss Universe
suspended. hangover, let me give you another vital statistics
which depict not the beauty of our system but
It was 3:43 p.m. its defects: 34-35-36 — 34 days to start a
business, 35 days to register a property, and 36
days spent in a year to pay taxes.
RESUMPTION OF SESSION
To those who would dismiss these numbers
At 3:57 p.m., the session was resumed. as alternative facts, then perhaps the kilometric
queues in getting government licenses and
COSPONSORSHIP SPEECH documents would convince you.
OF SENATOR RECTO Incensed at the daily sight o f promdis lining
up overnight to apply for a passport in a mall in
Senator Recto stated that in his cosponsorship his native city, even President Digong had railed
speech, he would describe the social context, tlie against red tape.
government culture, and the business atmosphere But this should anger us more: red tape
which makes the passage o f the bill urgent. costs small businesses P I40 billion in lost
economic opportunities yearly. Digong must be
Following is the fu ll text o f Senator Recto's reminded that red tape is a bigger problem than
speech: the Reds.
So what is the culprit of all of these? The
Red tape is an overdiagnosed but under­
byzantine maze of regulations in a balkanized
treated disease. Instead of being mitigated, it has
bureaucracy.
metastasized all over the bureaucracy.
If you are a freelance writer, you get a
And that is what we get for trying to cure it
business permit, but to get one, you need a fire
with rhetoric, instead of reforms.
clearance, when you are still freeloading at your
And judging by how the world sees us, our parents’ home and you do your work in that
vitals have gone from bad to worse. corporate headquarters o f the Facebook
generation called Starbucks.
In the 2016-2017 edition of the Global
Competitiveness Index of the World Economic Pag «a-approve ang business permit,
Forum, we rank I37'h out of 138 economies in the magbabayad ka ng plaka, na may photo-
number of procedures to start a business. shopped picture ni Mayor, habang ang plaka
Pangalawa sa kulelat. ng Vios mo taon nang wala.
And 11S* as to the length o f time to Kung nagkataong pasok ka sa VAT
start one. bracket, you have to make 36 annual pilgrimages
to the BIR.
In the World Bank’s “Ease of Doing
Business,” we have gone down four rungs, from Walk-in ka sa casa, with only your
number 95 in 2015 to 99 in 2017, out of 190 handsome face as collateral, in 72 hours, your PI
economies. million loan application will be approved.

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950 WEDNESDAY, FEBRUARY 8, 2017

Go to Pag-IBIG with a land title worth P2 Red tape is an equal opportunity oppressor,
million as collateral for a loan half that amount hitting businesses of all sizes.
and it will take you weeks and tons of paperwork
to get an approval. Ang kotse pwede mo itakbo, Big-ticket items like PPPs are not immune,
ang lupa hindi. kaya para sa kanila more one-stop shops and
clear and unchanging rules ang kailangan.
If one senile coconut tree is in danger of Minsan kasi ang transparency cost mas malaki
collapsing into your roof, you cannot cut until pa sa moral hazards na iniiwasan. Example: MRT.
you have a permit , and even if you have it, you
can only do so with a registered chain saw. We do not actually need laws to ease doing
business or cut red tape. More relief can be
Many small transactions require physical given by simple acts than by republic acts.
appearance. If you have a postage stamp-sized
lot in the province, you cannot wire RPT In airports, for example, why would travelers
payments, nor can you make advance payments queue to pay travel tax when this can be
for the subsequent years. embedded in the cost of the tickets, and if
airlines are deputized as collection agents, then
In some local government units, the size of compensate them, and I am sure that the cost
business permit plate is as small as a chocolate would be lower than what we pay TIEZA
bar. But in many others, it is as big as a cartolina. employees to manually issue the receipt and
manually count the money.
And I am glad that this is answered by a
provision in this bill which requires unified and Adding more frontline personnel do not
standardized forms in all government offices, require legislation. Putting up portals does not
especially local governments. require a congressional franchise.
In getting government documents, we have In fighting red tape, our objective is not
to shorten the process, shrink the number of only to promote ease in doing business, but
requirements and signatories, speed up the more importantly, to make it easy for the
delivery, and price them in a way mandated by government to reach its targets.
law: to recover the cost in making them, but not
to make a profit. By target, 1 do not refer to the people who
are in the cross-sights of the gun.
If we demand premiums for prompt service,
we must likewise give discounts for delays and You know at present, the only tally we are
slap those responsible with demerits, which this making concerns body bags. While there are far
bill mandates. more important numbers to track, the only
national scoreboard we have today are deaths.
It says here that if an application does not
get approved within a prescribed time, it gets What are the numbers that truly matter
automatically approved. against which government’s performance must
be measured?
Tama nga naman. Kung ang pizza hindi
dumating in 30 minutes, libre na, bakit ang These are poverty and employment.
reimbursement ng bayad sa phantom plates Between 2016 and 2022, the government
wala pa? said it will create 12 million jobs, or two million
a year.
We have to lengthen the validity o f licenses,
permits, passports, NSO clearances, and make Between 2016 and 2022, the government has
them transactable online. also promised that it will “graduate” seven
If documents are not perishable items, why million poor, or more than a million a year, out of
must they have short expiry dates? poverty.

This brings me to another rule which must Two million jobs a year plus one million
be applicable nationwide: The multipurpose use liberated from poverty.
of clearances. For indeed, why must one be So you ask me, what is the role of this bill
required to submit an original clearance to this in achieving those targets? Simple. Jobs can
office, to that office, and to the next, when it only be generated by businesses which can only
ought to be one-size-fits-all? flourish if not choked by regulations.
And 1 am happy to note again that this bill, Wliy? Because nothing strangles Filipino
insofar as local permits are concerned, prohibits exceptionalism and creativity more than
the duplication of required documents. countless and useless rules and regulations.
jiia.

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WI-DNi:SDAY, FEBRUARY 8,2017 951

The red tape yoke must be lifted for When a road to a port used by exporters
government to meet its other targets as well. It does not get built because funds have been
cannot be for local permits alone. We can exist embargoed is but one of many examples of how
with a bicameral legislature, but not with a red tape-driven underspending dampens growth
bifurcated government, where documents are and reduces the velocity of government money.
processed, maybe fast in LGUs, but move slower
at the national level. 1 am glad that this consolidated bill calls for
the optimization of ICT in reducing red tape and
Magbibigay ako ng dalawang halimbawa. promoting ease in doing business.

We are about to enter a very taxing season. There is no doubt that we must harness
But to encourage tax obedience, we must technology.
simplify, shorten and streamline tax payments.
In this selfie, Facebook, and some say fake
What 1 am saying is that the tax program news capital of the world, permits, licenses, land
must be predicated in eliminating red tape first. titles should now be electronically applied for,
The truth is, taxpayers are willing to pay their processed and issued.
dues if only it is not cumbersome and
As 1 have often said, let us leave to the MRT
complicated.
the exclusive franchise of organizing long lines.
Nowhere is this more evident than in the
But this would require reforms in the
Income Tax Return which is 11 pages long that
telecoms sector because what use is online
one wonders if it is designed to extract financial application form when it downloads pixel by pixel
data or your autobiography. in Tetris speed?
Speaking of taxes, government must also
Let me beg your indulgence if I have
increase the share o f LGUs from the internal
expanded the subject of my speech beyond the
revenue collection, from 40 percent to 50 percent,
metes and bounds of the bill before us.
or 50-50, hating kapatid, because, believe it
or not, the pressure from a series of national My point is that there should be a com­
government-mandated salary increases is what is prehensive solution to red tape. For a problem
driving up local permit cost. so prevalent, there can never be a piecemeal
approach nor a fragmentized cure.
Isang solusyon sa red tape ay ang
pagdadagdag ng mga kawani. Pero maraming The ease of doing business should be
lokal na pamahalaan ang nagpatupad ng enjoyed not just by businesses, but even by
hiring moratorium dahil nga sa lumulobong government offices. Intra-agency transactions,
Personal Services expenses. especially in public bidding, the release and
utilization of funds, should be seamless as well.
Hindi nakapagtataka kasi payroll cost of
LGUs rose by 50 percent from 2010 to 2015, and So 1 hope that this bill is just our maiden
their General Services expenses rose five-fold salvo against red tape, and that more of its kind
during the same period. are forthcoming.
Kaya nga ang pangamba ng iba: aanhin Before 1 close, let me make this observation:
mo ang konting rekisitos, kung kakaunti
naman ang bilang ng mga kawani na As a proponent of small but smart govern­
magproproseso nito? ment, I have my reservations as well to the idea
of creating another layer of bureaucracy for the
One more bad thing about red tape is that it purported reason of making that bureaucracy
deflates government spending. Scratch the more efficient.
surface o f an unobligated appropriation and you
will find complex rules beneath. It seems tliat whenever we are confronted
by a problem, we seem so unable to resist the
Thus, if we want to turbocharge the release temptation of solving it by creating a commission
of money, but in a manner which will not leave to handle the job that it has become an automatic
the government shortchanged, then let us slash reflex.
the thicket of rules governing the use of funds.
Sa halip na isang bagong commission,
This is important because government Hindi ba pwede na isang inter-agency committee
spending impacts on the business environment. na long na kinabibilangan ng mga kalihim na
Public spending, if not a growth-driver, is at least may direklang kaugno)’an sa pagtanggal ng
a growth-influencer. red tape?
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This is akin to passing a law reducing the from the Calendar for Ordinary Business to the
number of rules only to implement it through an Calendar for Special Orders.
IRR longer and more voluminous than the rules
to be abolished.
COMMITTEE REPORT NO. 36
Nonetheless, 1 support this measure, proud ON HOUSE BILL NO. 4631
to be its principal author, and I call for its
immediate approval, of course, with amendments.
Upon motion of Senator Sotto, there being no
objection, the Body considered, on Second Reading,
At this juncture, Senator Sotto asked Senator
House Bill No. 4631 (Committee Report No. 36),
Drilon to give a trivia on where “red tape” emanated entitled
from.
AN ACT RENEWING FOR ANOTHER
REMARKS OF SENAl OK DIULON TWENTY-FIVE (25) YEARS THE FRAN­
CHISE GRANTED TO REPUBLIC
At the outset. Senator Drilon recalled that 10 BROADCASTING SYSTEM, INC.,
years ago, when he and Senator Sotto were invited PRESENTLY KNOWN AS GMA
to the British Parliament as guests from the Senate NETWORK, AMENDING FOR THE
of the Philippines, they learned during the course of PURPOSE REPUBLIC ACT NO. 7252,
their orientation that a few phrases originated from ENTITLED “AN ACT GRANTING
the parliamentary practice in England. He explained THE REPUBLIC BROADCASTING
that “lobby,” which refers to groups o f people who SYSTEM, INC. A FRANCHISE TO
would pressure members of Congress what to do, CONSTRUCT, INSTALL, OPERATE
originated from the “lobby” of British Parliament AND MAINTAIN RADIO AND
where constituents would wait for their representatives TELEVISION BROADCASTING
and talk to them about matters pending in parliament; STATIONS IN THE PHILIPPINES.”
on the other hand, “red tape” refers to a process
wherein the documents are routed from one office Pursuant to Section 67, Rule XXlll of the Rules
to the other until its final approval, with the docu­ of the Senate, with the permission of the Body, upon
ments wrapped in red tape. motion of Senator Sotto, only the title of the bill was
read without prejudice to the insertion of its full text
Senator Drilon also explained that “pork barrel” into the Record of the Senate.
emanated from the practice whereby members of
the US Congress who go home to their districts The Chair recognized Senator Poe for the
would give their slaves pork in a barrel as a reward. sponsorship.

At this juncture. Senator Lacson said that the SPONSORSHll' SPEECH

persons referred to by Senator Drilon as members of OF SENATOR POE
Congress were the white masters during the pre-civil
war days. Senator Poe presented to the Body for its plenary
consideration House Bill No. 4631 under Committee
SUSPENSION OF CONSIDEILATION Report No. 36 which seeks to renew for another 25
OF SENATE BILL NO. 1311 years the legislative franchise granted to GMA
Network in 1992 through RA 7252.
Upon motion o f Senator Sotto, there being no
objection, the Body suspended consideration of Hereunder is the full text o f Senator Poe's
the bill. sponsorship speech:

SPECIAL ORDER GMA Network is a Filipino institution.

Since its humble beginnings as Republic
Broadcasting System in 1950, it has grown to be
Upon motion o f Senator Sotto, there being no one of the most respected media companies in
objection, the Body approved the transfer of the region. Through exemplary corporate govern­
Committee Report No. 36 on House Bill No. 4631 ance, GMA Network has continued with and has

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WF.DNF.SDAY, FFBRUARY 8, 2017 953

proportionately increased its economic, cultural any talent fee, the television program that he is
and social contributions to our nation. The involved in is contracted with the network.
network is consistently one of the nation’s top
corporate taxpayers.
SUSPENSION OF CONSIDERATION
As an economic enterprise, GMA Network is OF HOUSE BILL NO. 4631
publicly listed and traded. It has 47 UHF and 41
VHP TV stations nationwide, together with FM Upon motion of Senator Sotto, there being no
stations and AM stations led by DZBB and objection, the Body suspended consideration of
DWLS. GMA Network is now global as it is the bill.
viewed by Filipinos all over the world through its
international channels. In the digital space,
SUSPENSION OF SESSION
GMA’s portal is one of the most visited Filipino
websites.
Upon motion of Senator Sotto, the session was
The Network’s output in News and Public suspended.
Affairs, best known for its neutrality and
impartiality, has resulted in numerous inter­ It was 4:25 p.m.
national and domestic awards. Some of these
have, in turn, resulted in commendations from
RESUMPTION OF SESSION
Congress, such as through House Resolution
Nos. 787 and 1694, which were both unanimously
adopted. Entertainment programming has likewise
At 4:43 p.m., the session was resumed.
resulted in major awards here and abroad, with
the common thread being that the Network is COMMITTEE REPORT NO. 28
considered a “caretaker” of core Filipino values. ON SENATE BILL NO. 1304
{Continuation)
Notable, as well, are the Network’s efforts
through its socio-civic arms to reach out and
Upon motion of Senator Sotto, there being no
help the community. Kapwa Ko, Mahal Ko and
GMA’s Kapuso Foundation have served as objection, the Body resumed consideration, on Second
conduits for thousands of benefactors to bring Reading, of Senate Bill No. 1304 (Committee Report
medical assistance and other forms of aid to the No. 28), entitled
less fortunate. In recent years, GMA’s Kapuso
Foundation’s efforts have been expanded to AN ACT PROVIDING FOR A FULL
include the building of housing units and TUITION SUBSIDY FOR STUDENTS
schools, such as those for the Yolanda victims ENROLLED IN STATE UNIVER­
in Leyte and the Sendong victims in lligan City. SITIES AND COLLEGES (SUCS),
In the coming years, GMA Network aims to AND APPROPRIATING FUNDS
continue its efforts to maintain both the relev­ THEREOF.
ance and responsiveness of its news, public
affairs and entertainment programs to the Senator Sotto stated that the parliamentary status
growing and diversifying needs o f the Filipino was still the period of interpellations.
public. This, complemented by investments, the
Network is poised to make over the next few Thereupon, the Chair recognized Senator Aquino,
years as our country migrates towards Digital sponsor of the measure, and Senator Ejercito for his
Terrestrial Television which will enhance the interpellation.
service GMA Network delivers to the public by
improving both the picture and audio quality of
INTERPELLATION OF SENATOR EJERCITO
its programs.
With the view that GMA Network will con­ Senator Ejercito staled tliat with the government’s
tinue its present course and trajectory, immediate introduction of free tuition fee in SUCs, enrolment is
approval of this bill is earnestly sought. expected to increase. He then inquired about the
capacity of students per SUC and how much increase
DISCLOSURE OF SENATOR SOTTO in enrolment is expected in the coming years.

Senator Sotto manifested that although he is not Senator Aquino stated that during the hearings,
an employee of GMA Network nor does he receive the private sector, in fact, raised their concern
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954 WEDNHSDAY, FEBRUARY 8, 2017

regarding the possible influx of students to the SUCs. expenses would refer to a specific set of expenses,
But he pointed out that there is a provision in the and the CHED, as a regulator, is tasked to make
bill that would require the SUCs to disclose their sure that the increases do not happen arbitrarily or
enrolment capacity and that further increases in without cause.
capacity must undergo approval by the CHED. Thus,
he said that the Committee did not look at the To the concern of private higher education
influx because the bill sets the capacity of the SUCs. institutions that their schools might close down if the
He predicted that the incoming enrolment for 2017 students would go to SUCs, Senator Aquino believed
would be very close to the current number of that the capacity check would be enough to make
enrolment of 1.6 million. sure that such influx would not happen and that the
UniFAST Law, tlie Iskolar Ng Bayan Act and
On whether the SUCs need to declare their other scholarships could be utilized by qualified
capacities before the law takes effect, Senator Aquino students who wish to enroll in private or public
replied that the Committee would introduce a schools. He assured the Body that nothing has
transitory provision that would consider the SUC’s changed with the scholarships and other assistance
current enrolment as its capacity should they not for students and that there was nothing to worry
submit their capacities. He stated that by putting the about with the current assistance being provided by
capacity check, government would stave off the the government.
possibility o f a massive influx of students to SUCs.
As regards overstaying students in college,
To make sure that the government’s free tuition Senator Ejercito stressed that the government’s aim
fee program would be sustained in the coming years. is to give free tuition to poor but deserving students.
Senator Ejercito undersored that Congress must be However, he stated that there are instances when
informed, especially during the budget season, of the students do not graduate on time. He then inquired if
number of enrollees so that it could estimate how much students who fail on their fourth year subjects would
would be allocated for SUCs in the coming years. still be admitted as scholars on their fith year.
Senator Aquino stated that an amendment that would
Senator Ejercito stated tliat during his consultations addressed such concern would be accepted by the
with s u e administrators, concerns were raised that Committee at the proper time because definitely, the
students enrolled in SUCs may not value anymore government would not want to subsidize a student
their tertiary education since they would not be pay­ staying for very long years. He said that the aim is
ing anything because of the free tuition fee program. for the students to finish on time so that more
students could avail of the support.
Senator Aquino clarified that the cost of education
is not absolutely free because the tuition fee subsidy Senator Ejercito stated that he would introduce
is only 30% of the entire education cost. He said tliat an amendment on the matter at the proper time.
there are other fees which would depend on the Thereafter, he congratulated Senator Aquino for
course that the student would take. pushing the measure. He opined that if government
wants to lessen or lower the poverty incidence, one
Senator Ejercito expressed concern that since of its best investment would be education. Saying
government would give only P8 billion in subsidy, tlie that he does not believe in dole-outs, he posited that
schools might charge so much on the miscellaneous one way of uplifting the living condition of a family
and other fees. He then inquired whether the bill has is by having at least one graduate per family. He
safeguards that would prevent increases in other fees. added that the bill is one landmark legislation tliat he
Senator Aquino affirmed that Congress has allocated fully supports.
P8 billion for the 2017 budget which would most
likely cover only the first semester of 2017. He said Thanking Senator Ejercito for his support. Senator
that the program would cost P I6 billion once it is Aquino clarified that the tuition fee is subject to
fully implemented. He explained that the increases in CHED’s approval but the other fees are not. He
other fees would need CHED approval and that maintained that since Congress is making the tuition
SUCs cannot increase their fees out of whim. Also, fee free, it is also looking at making the other fees
he stated that under the bill, tuition and other fees under the purview of the CHED as well. He said
are defined, so that if the tuition is free, the other that at the proper time, the Committee would introduce

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another amendment that would make sure that the lawmaking function of Congress would be compro­
other fees would not drastically increase. mised without the right data.

Senator Ejercito agreed with Senator Aquino. Senate President Pimentel recalled that when
However, he also believed that the student should he was chair of the justice committee, jail officials
have some stake in his/her education that he/she could not even give him accurate data pertaining
would value. to the number of prisoners or to the number of
women in jail.
INQUIRY
OF SENATE PRESIDENT PIM ENTEL INTERJ’ELLATION OF SENATOR DE LIMA

Senate President Pimentel recalled that during At the outset. Senator De Lima expressed her
the budget plenary debates, the estimated total cost support for the measure as she recalled that she had
to provide free tuition in all SUCs was around P8 asked to be made coauthor of the bill because she
billion to P9 billion but not beyond PIO billion. He believed that the measure, along with the K to 12
then inquired why the proposed measure would program, would be an investment for the future as it
require P16 billion which is double the amount in would give the youth a fighting chance to compete in
the current budget. the global stage.

Senator Aquino explained that during the budget Asked whether the bill would repeal or substitute
deliberations, the projected income was only P8 the Iskolar ng Bayan Act, Senator Aquino clarified
billion to P9 billion because the receivables were not that the measure would not repeal any of the current
factored in as part of the projected income which benefits already available to the students. He added
comes at the latter part o f the year. He added that that the StuFAP, the Uni-FAST and the Iskolar ng
the receivables plus the P9 billion would sum up to Bayan Act are still in effect because the Iskolar ng
about P I6 billion. Bayan Act, for instance, would give the students
access not just to tuition fees but to other fees
At this juncture. Senate President Pimentel as well. He clarified that students who are Iskolar
questioned the purpose o f the free tuition program if ng Bayan, in fact, enjoy more benefits than what
it was considering income and receivables. Congress has allotted for the SUCs. Senator De
Lima noted that Republic Act No. 10648 or the
Senator Aquino explained that the SUCs have Iskolar ng Bayan Act grants scholarships to students
projected that the receivable tuition income for 2016 who belong to the top 10 in the class.
amounted to P8 billion, with Congress matching the
number during the budget deliberations. He said that Asked on the data pertaining to the admission
the actual number that Congress should use should rate to the SUCs of public school graduates and the
have been based on average tuition fee per head percentage of students coming from public and private
multiplied by capacity. He added that the initial P8.3 schools. Senator Aquino said that tliere is no available
billion allocation was for the first semester because data on the matter but assured that the same would
it would only be half of what is actually needed. be submitted once available. Senator De Lima
believed that even if the real intent is to provide
Senate President Pimentel, however, recalled free tuition fee to all students, there are mechnisms
that the Body was so excited that it was providing in the bill that would ensure that the needy ones
around 90% of the need. would be benefitted. Senator Aquino pointed out that,
as a matter of principle, an affirmative action was
Senator Aquino admitted that the availability of added as one of the provisions of the measure that
pertinent data not only from CHED but also from would focus on disadvantaged and impoverished
various government agencies has always been difficult students. He admitted that there were some dis­
and even contradictory. He said that some data agreements to this proposal with the CHED because
requested from CHED since July last year was only the agency was looking at only 7% to 8% of the
made available when the measure was already in poorest of the poor who are able to enter the SUCs
plenary. Thus, he suggested that reform in data even if 70% of the country’s population is still
gathering should also be considered; otherwise, the earning a monthly income of around P20,000.„
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Senator Aquino said that while 80% of those in Relative thereto. Senator De Lima suggested
the SUCs come from the poor sector, they do not fall that a mechanism mandating for an adequate recruit­
under the poorest of the poor anymore. He identified ment program in public high schools be considered
the group as those belonging to socio-economic also. Senator Aquino admitted that the measure does
classes “D” and “E” and a few to the lower “C.” He not have such proviso and expressed willingness to
lamented that a family with a total monthly income of consider amendments at the proper time.
P20,000 still needs tuition fee subsidy, thus, the socio­
economic class was the target of the bill. He reiterated SUSPENSION OF CONSIDERATION
that the provision on affirmative action was included OF SENATE BILL NO. 1304
to allow the CHED to really focus more on dis­
advantaged students and that it would be up to the Upon motion of Senator Sotto, there being no
CHED, through the implementing rules and regula­ objection, the Body suspended consideration of
tions, to detennine how it would be done. the bill.

Senator Aquino said that one of the ways to COMMITTEE REPORT NO. 17
detemiine the family status would be to include in ON SENATE BILL NO. 1271
the entrance examination a question as regards the {Continuation)
monthly income of the family which would serve as
a leeway for the affirmative action and would make Upon motion of Senator Sotto, there being no
sure that majority of the students who will be admitted objection, the Body resumed consideration, on Second
to the SUCs come from families that truly need Reading, of Senate Bill No. 1271 (Committee Report
help and support. No. 17), entitled

Asked on the rationale of Section 4 which provides AN ACT PROHIBITING DISCRIMINA­

that students with financial capacity to pay for their TION ON THE BASIS OF SEXUAL
education in the SUC would opt out of the tuition ORIENTATION AND GENDER
subsidy or to make a donation to the school. Senator IDENTITY OR EXPRESSION (SOGIE)
Aquino explained that the provision was discussed AND PROVIDING PENALTIES
lengthily by the senators in workshops and hearings THEREFOR.
and they found out that the proviso might be
Senator Sotto stated that the status was the
cumbersome and eventually expensive to run if
period of interpellations.
every single student would be checked. Thus, he said
that the Committee came out with an “opt-out”
Thereupon, the Chair recognized Senator
mechanism wherein students who feel that they
Hontiveros, sponsor of the measure, and Senator
do not fall under the scope o f the bill could give
Sotto for his interpellation.
up the tuition fee subsidy and, in effect, pay the
prescribed tuition fee.
INTERPELLATION OF SENATOR SOTTO

Senator De Lima wondered whether, in reality, At the outset. Senator Sotto stated that while he
those students who could afford to pay their tuition supports the measure to remove discrimination, there
fees would consider to “opt-out” since it is human remain some issues that he would want clarified.
nature to avail o f something free. Senator Aquino
agreed, but he believed that there are some people Asked by Senator Sotto if Senate Bill No. 1271
who are honest regarding their financial standing or intends to amend any existing law. Senator Hontiveros
capabilities. He clarified that the “opt-out” mechanism answered in the negative, explaining that the bill
was created for schools like the University of the seeks to provide by force of law the guarantees
Philippines where about 50% of enrollees came from against discrimination on grounds of sexual orientation
families with higher income. He said that there are a and gender identity and expression that are promised
few SUCs with strange demographics, like UP and to every citizen of the country through the Constitution
MSU, which cater to families that can afford to pay and in various human rights instruments.
tuition fees. He said that families can still opt out if
they get in considering that there is an affirmative Regarding the definition of discrimination as stated
action already in the enrollment procedure. in paragraph (a) of Section 3, Senator Sotto asked to
 WEDNESDAY, FEBRUARY 8, 2017 957

be clarified as regards the following proviso: “For a person’s SOGIE, Senator Hontiveros said that one
purposes of this provision, the actual sex, sexual of the most traumatic examples would be related to
orientation or gender identity of the person subjected what is called the use of “electric conversion therapy,”
to discrimination shall not be relevant for the purpose or applying electric shock in the belief that electricity
o f determining whether an act of discrimination has can biologically change gender identity. She explained
been committed.” Senator Hontiveros explained that that the psychological and medical premise of this
in the proposed measure, sex, sexual orientation or kind of a therapy is that the child’s SOGIE which
gender identity would not be relevant in determining may not be what was assigned to him/her at birth is
whether an act of discrimination has been committed. different from his/her actual orientation so the child’s
She said that the provision would be clarified by the identity or expression is diagnosed as a disorder.
proposal raised in the earlier interpellation of Senator
De Lima as regards the rewording of the title of the Asked if the reason for putting the family courts
bill to eventually refer not to the act of discrimination first before the parents or guardians was that the
but to the rights of every individual, regardless of latter do not usually accept the child’s preferred
sexual orientation, gender identity or expression. gender. Senator Hontiveros hoped that with the
passing of time, along with the support from gender
Senator Hontiveros expressed appreciation to sensitivity and equality advocates including the LGBTQ
Senator De Lima for understanding the intent of the community, more families would slowly be more
bill which is not only to protect discrimination of the accepting. She pointed out that Section 5(i) requires
LGBTs but to uphold the rights against discrimination express approval from parents or legal guardians first
or the freedom from discrimination of every individual, and only provided a contrary option in the event that
including straights. She added that Section 3(a) means the parents or legal guardians would force the child
that the actual SOGIE of the person discriminated to undergo traumatic therapies, in which case the
against shall not be relevant for determining whether family court would provide the child a safe place to
an act of discrimination has been committed and that be heard, alongside the testimony of the parents. She
the focus would be on the discrimination itself and said that based on the Rules of Court, parents and
not in the actual identity or orientation of the victim. guardians are called as a matter of course for family
court proceedings which, like all existing laws, are
As regards Section 5, Senator Sotto asked on the not amended nor affected by the bill.
reason for the need of a family court or a court’s
approval for minors to undertake medical or Asked where family court proceedings would
psychological examination to determine or alter the apply. Senator Hontiveros explained tliat prior approval
person’s SOGIE. He asked why the detennination of family courts shall be required for therapies which
could not be asked of the minor’s parents or legal are listed as discriminatory practices, or if the minor
guardian. Senator Hontiveros explained that the family disapproves the procedure. Such option, she said,
court would still request the parents or the legal would provide a space where both the child and his/
guardians to weigh in as they are the persons in her parents or legal guardians would be heard equally
whose authority the minor is placed. She pointed out and their issue would be resolved by the family court.
that there are some cases where parents force their
kids to undergo such an examination, thus the family To the statement that the concept is “touchy”
court would have to request the parents or the legal because if the parent or guardian would like the child
guardian to weigh in to provide some kind of guidance. to undergo a certain procedure to determine his/her
gender, the family court’s permission must be secured
Asked where the provision could be found in the first. Senator Hontiveros maintained that a person’s
bill which provides that parents or legal guardians sexual orientation or gender identity or expression
may be consulted. Senator Hontiveros said that at the whether as an LGBTQ or straight, is inherent to a
proper time, she would be open to accept an amend­ person’s life as a human being. She averred that
ment on Section 5 that would allow and specify the SOGIE is not only a matter of choice but a matter
participation of parents or legal guardians of the child of realization of who and how a person is, even of
or minor. a minor.

Asked for a specific example of a medical or Senator Hontiveros further averred that because
psychological examination which determines or alters of human consciousness, even a tw o year-old child is

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capable of naming experiences o f who he/she is, information to formulate his amendments. He admitted
how he/she relates with other people, and even that he initially thought of proposing that the parents
remembering his/her experience until he/she reaches should come first to be seconded by family courts but
adolescence. She said that with every period of that because of Senator Hontiveros’ explanation, he
human development, the child becomes aware of was having second thoughts.
who he/she is and of his/her relationship with other
people. She stated that even at two years old, the Senator Hontiveros explained that the reason family
child starts to become verbal and capable to name courts were contemplated was that there have been
and assign meanings as well as to remember cases where the parents came first but themselves
experiences. requested therapists to apply electrical conversion
therapy for their children. She, however, said that
Asked how the concept works when a five-year documentation thereof is hard to present because the
old boy, for instance, acted like a girl and his parents people involved do not want to reveal themselves.
tried a scientific procedure to alter his thinking.
Senator Hontiveros admitted that she would have to At this point, Senator Sotto thanked Senator
work it out through the IRR inasmuch as the electric Hontiveros for availing of the intervention of family
conversion therapy she earlier gave as an example courts, adding that he is the principal author of
must be done by named accountable professionals to Republic Act No. 8369 which created the Family
ensure that the family will go through the process in Courts.
the family court first alongside social workers. She
reiterated that electric conversion therapy causes Adverting to Section 5(h) which considers as
damaging and irreversible trauma that impairs the unlawful the denial o f access to or use of
child’s vulnerability. establishments, facilities, utilities or services including
housing, open to the general public on the basis of
As to when the electric conversion therapy SOGIE, Senator Sotto inquired if comfort rooms in
reached the Philippines, Senator Hontiveros stated any establishments, schools, office and the like are
that there is no data regarding psychological therapies included. Senator Hontiveros replied in the affirmative,
because of its deep stigma o f bringing the child to as she recalled that in the earlier interpellations, she
a psychologist or psychiatrist to cure him/her of a enumerated several cases of discrimination, including
SOGIE which is different from what was assigned to the denial of entry to establishments as in the case of
him/her at birth. She noted, however, that there were TV personality Inday Garutay who was allegedly
repeated reports especially from the LGBTQ barred from entering a fine dining restaurant, and
communities that the impact is very deep and that BB Gandanghari for cross-dressing.
there is no mechanism to protect them from the acts
o f their own parents. Senator Sotto stated that his concern is on the
issue of comfort rooms, believing it could be prone to
Asked on the number o f people who have abuse by scoundrels who might use cross-dressing as
undergone electric conversion therapy in the country. a means to perpetrate crimes against chastity, such
Senator Hontiveros stated that there was no data on as abduction, seduction or acts of lasciviousness.
who underwent such therapy although there were
anecdotal reports from communities who recounted Asked what could prevent the commission of
and documented their experiences. crimes by reason of cross-dressing. Senator Hontiveros
pointed out tliat fears against transgender people
Asked what hospitals or clinics in the Philippines using comfort rooms consistent with their gender
have electric conversion therapy procedure. Senator identity must be put into context because it makes
Hontiveros stated that there is no data on such sense that trans-inclusive bathrooms vary for people
therapies administered by hospitals and religious with different biological makeup. She said that the
groups because of its deep stigma. idea that transgender people would sexually assault
people in the bathrooms creates an assumption that
At this juncture. Senator Sotto requested tlie they are sexual predators.
Committee on Women, Children, Family Relations
and Gender Equality to submit an empirical data as As regards the concern that Section 5(h) is open
soon as possible so that he would have enough to abuse particularly by straight persons who cross-

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dress to be able to gain entry to a gender-specific rest­ On whether the statement that “cross-dressing
room, for instance, Senator Hontiveros clarified that would fall under the prohibited acts of this bill” meant
current laws are not contradicted by the contemplation that any individual or entity that disallows cross­
of a SOGIE-based anti-discrimination measure. dressing would be penalized. Senator Hontiveros
clarified that they would be penalized for doing
To the suggestion that the provision be revised to discriminatory acts against a person because of his/
prevent the possibility of such an incident. Senator her cross-dressing which is one example of his or her
Hontiveros pointed out that it would be possible to gender expression.
work it out through the IRR. For instance, she said
that since students are aware of who among their Senator Sotto asked how the provision would be
schoolmates are straight, LGBT or transgender, the reconciled with the academic freedom of educational
student’s handbook could indicate that only those institutions as enshrined in Section 5(2), Article XIV
who are known as one or the other SOGIE would of the 1987 Constitution as well as the right of the
actually have access to the trans-inclusive restrooms. Court to supervise and regulate the practice of law
She added that she would be open to exploring a which includes the conduct of lawyers through
more specific formulation to one of the provisions of the implementation of a dress code. Specifically on
the bill that would address this concern. However, the issue of academic freedom, he cited the case of
Senator Sotto disagreed that the matter could be Ateneo de Manila University vs. Capulong wherein
addressed through the IRR considering that he had the Court held that “private schools have the right to
so many sad experiences with IRRs of other laws. establish reasonable rules and regulations for the
admission, discipline and promotion of children”; while
Asked for concrete examples o f discriminatory on the right of the Court to supervise and regulate
practices covered by Section 5(k) which appears to the practice of law, he cited Rule 11.01 of the
be a catch-all provision and whether it also suggests Lawyer’s Code of Professional Responsibilities which
that same sex marriage would be allowed in the directs a lawyer to appear in court in proper attire.
country. Senator Hontiveros explained that the bill Senator Hontiveros said that such an interesting
clearly states that what should constitute as discri­ scenario would be a very positive challenge to the
minatory is to deny or revoke only the professional judiciaiy' as it could be an opportunity to examine the
license of someone on the basis of SOGIE. She gender sensitivity and gender fairness of the highest
stressed that the bill does not amend Article 1 of the court of the land.
Family Code which defines marriage as a special
contract between a man and a woman. As regards the issue on school uniforms. Senator
Hontiveros pointed out that while educational
Senator Hontiveros also pointed out that while institutions and offices are allowed to maintain
the anti-discrimination bill only aims to prohibit uniforms and dress codes to serve as an identifier for
discriminatory practices in schools, workplace, health their members to highlight their different roles as well
case, public service and other violations of fundamental as serve as a safety requirement, the requirements
rights, a separate bill on marriage equality would be of uniforms and dress codes should be consistent
needed to address the concern of Senator Sotto. with the gender identity or gender expression of the
studenL/cmployee. For instance, she said that the Far
At this juncture, Senator Aquino relinquished Eastern University (FEU) has recently allowed its
the Chair to Senate President Pro Tempore Drilon. enrollees to wear the uniforms that they are most
comfortable with, and she believed that this is
Reacting to an earlier statement by Senator expected to create a more inclusive environment
Hontiveros espousing the position that people should where students can be more comfortable with
not be discriminated against because of who they themselves and which, in turn, would allow them to
love. Senator Sotto believed that the penalties under excel in their studies. She believed that the school
Section 5 {Discriminatory Practices) should none­ should be able to accommodate the gender that their
theless be made clear and specific. Senator Hontiveros transgender students identify with in the interest of
explained that while her statement was a general their welfare and happiness.
expression of the spirit of the bill, the very particular
prohibited acts and penalties are those explicitly Saying that such a provision violates the academic
articulated in the body of the bill itself freedom of the institution. Senator Sotto asked if
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Letran College, for instance, would be violating the Responding to the argument that allowing cross­
law supposing it disallows a cross-dresser in skimpy dressing in the courtroom would violate the Rules of
clothing from entering the school premises. Senator Court, Senator Hontiveros replied that all bills have a
Hontiveros replied that the example ctied would be repealing clause which states that “all laws, decrees,
covered by the particular dress code of the institution orders, rules and regulations are parts thereof
which normally instructs students to come to class in inconsistent with this Act are hereby repealed or
appropriate attire. She noted that since several cross­ modified accordingly.”
dressing dress styles would fall under “appropriate
clothing for studies,” continuing to prevent a cross­ On whether the act of jokingly calling a person
dresser from attending classes would mean that the ‘'badirtg" would be prohibited by the bill, Senator
institution would be failing to live up to the standing Hontiveros replied that it would be considered as
that has been set by schools like FEU. encouraging “stigma,” as provided for in Section 5
{Discriminatory Practices) of the bill which states
Senator Hontiveros believed that the principle of that, “ It shall be unlawful for any person, natural or
academic freedom allows the academic institution to juridical, to (a) promote and encourage stigma on the
provide a conducive atmosphere for the student’s basis of SOGIE in tlie media, in educational textbooks
intellectual exploration and learning as well as for and to other medium. Inciting violence and sexual
his/her exercise and responsible enjoyment, and that abuse against any person or group on the basis of
it w'ould include wearing the clothes tliat he/she is SOGIE is likewise prohibited.”
most comfortable in while in school.
Noting that some comedians like Allan Quilantang
Asked to comment on the possibility that the a.k.a. Allan K even prefer to be called hading”
provision that imposes penalties on institutions which is a common term for male homosexuals,
implementing discriminatory practices against cross­ Senator Sotto asked whether posting a funny comment
dressers wearing skimpy attire might be subject on a photo of scantily-dressed gay people would be
to abuse, Senator Hontiveros clarified that it is considered discriminatory. Senator Hontiveros clarified
precisely for the purpose of providing protection that while the offense is detennined by the individual,
against discrimination that the measure would such that those who do not not feel offended would
allow a student who feels offended to bring his/her not file a complaint, the bill also provides a redress
school to court. mechanism for those who feel that their rights have
been violated.
She noted that while academic freedom had
been invoked to prevent African Americans from Senator Sotto expressed concern tliat the provision
studying alongside Caucasians in the United States, could easily be used by a person to make a big fuss
academic freedom has helped create a better society or even get back at someone he dislikes.
which, she said, is what Senate Bill No. 1271 hopes
to accomplish. Senator Hontiveros stated that the decisive
feature of identifying acts of discrimination would be
Asked how the measure could affect the how a person feels. In the same way, she said, that
lawyer’s code on professionalism considering that knowing one’s sexual orientation or gender identity
a judge who prohibits a cross-dressing lawyer from and expression would be a matter of a how a person
entering the courtroom could be fined anywhere feels. She surmised that it would be the person of
from P I00,00 to P500,000 or even imprisoned from whatever SOGIE who would determine whether he
one to 12 years, Senator Hontiveros opined that for had been discriminated against or had his rights
as long as the transgender cross-dresser who comes violated.
to court with the interest of his/her clients in mind
is well-prepared to argue his/her side of the case At this point. Senate President Pro Tempore
and relates to the judge/justice with all the respect Drilon asked if filing a case would depend on the
due that person’s rank, his/her outfit would be person supposedly offended, or in other words, if a
immaterial to his/her profession. She believed that person does not feel offended, he need not file a
the personal expressions of an individual would not case. Senator Hontiveros answered in the affirmative.
be demeaning to his/her common profession with However, she clarified that one could file a case on
the sitting judge. behalf of the offended party who is a minor.

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Senate President Pro Tempore Drilon stated that that while there are many laws protecting women
it is called a private offense in law, meaning, only the which have penal provisions such as the Violence
offended party can file it. Against Women and Their Children Act, which
stemmed from the Magna Carta of Women, there is
Asked if this is e.vpressly stated in the bill, no protective law with a penal provision for LGBT.
Senator Hontiveros replied that she would be open to
accepting amendments regarding the matter at the Asked if private individuals or entities were
proper time. She noted that the greater harm would consulted during the committee hearings, particularly
be the systemic prejudice against LGBT. She hoped on discriminatory practices. Senator Hontiveros
that the bill would also help everyone to be more answered in the afflnnative, citing the Catholic
watchful of their language. Educational Association of the Philippines, which
had the same concern on the issue of uniforms, and
Senator Sotto stated that it would depend on the the Professional Managers Association of the Philip­
person if he was offended or not. pines, which was focused on the hiring and human
resources aspects of the bill.
Regarding the provision on penalties, particularly
the penalty which ranges from P I00,000 to P500,000, Senator Sotto hoped that he could come up with
or an imprisonment of one year to twelve years, some proposals acceptable to the Committee during
depending on the act committed, Senator Sotto said the period of amendments.
that he finds such penalties ver>' harsh or excessive,
as compared to the crimes punishable by imprisonment INTERPELLATION OF SENATOR HONASAN
of one to twelve years, to wit: the case of US Marine
Joseph Scott Pemberton for killing the Filipino At the outset. Senator Honasan said that Senator
transgender, adultery and concubinage, direct bribery, Hontiveros had addressed his first concern by
malversation of funds and property, serious physical expressing her willingness to accommodate certain
injuries, slavery, and some cases of robbery with suggestions during the period of amendments.
violence against or intimidation of persons.
Regarding the issue of cross-dressing, specifically
Senator Hontiveros replied tliat the prohibited citing as examples lawyers in courtrooms and students
acts as contemplated by the bill are cases of SOGIE- attending classes. Senator Honasan asked if a mechan­
based discrimination that must be correspondingly ism to prepare the ground for such scenarios had
penalized. been contemplated. Looking at the Family Code, he
believed that the variables would increase if the issue
But Senator Sotto pointed out that the discrimi­ would be brought out of the ambit of the family environ­
natory practices that are contemplated in the bill are ment, as the family is the most basic and strongest,
not as serious as the ones he enumerated to warrant fundamental, economic, social and political unit.
such penalties. Moreover, he noted that the penalty
provided in a similar law, the Magna Carta of Women, He also expressed concern that cross-dressing
was only to pay for damages to the offended party. might provide an unwelcomed distraction that would
He cited the second paragraph of Section 41 of impair the dispensation of justice or the learning
the said law, to wit: “If the violation is committed process, which would also lead to the question of
by a private entity or individual, the person directly priorities, and he doubted the capability of tlie ordinary
responsible for the violation shall be liable to pay Filipino to calibrate the measure in a manner that
damages.” Senator Sotto remarked that the bill might would prepare the mindset of the Filipino family’s
be discriminatory itself culture and welcome such kind of legislation.

Senator Hontiveros said tliat the bill seeks to Senator Hontiveros stated that access to education
protect not just tlie LGBTs but any and all individuals should be primordial than any school policy. She
of whatever SOGIE. She said that the penalties noted that a student who is penalized for not following
emphasized tlie gravity of discrimination and its deep the uniform also loses access to education as a
effects as in the case o f Jennifer Laude. However, fundamental right. Similarly, she pointed out that the
she said that she would be willing to consider lawyer’s Code only requires lawyers to be appro­
amendments at the proper time. She also pointed out priately dressed even in gender neutral attire. She
962 WEDNESDAY, FEBRUARY 8, 2017

also appreciated the suggestion to prepare the ground SUSPENSION OF CONSIDERATION

for such changes at the family level since all changes OF SENATE BILL NO. 1271
in society are rooted in the family. This, she believed,
has been the case for every radical change, like the Upon motion of Senator Sotto, there being no
shift of the mindset in the US regarding academic objection, the Body suspended consideration of
freedom and the so-called virtues of the slave system. the bill.

In related matter. Senator Hontiveros said that ADJOURNMENT OF SESSION

the concern over the impaired learning process had
been invoked in segregation laws in the US which Upon motion of Senator Sotto, there being no
shows legislation could shift and society itself objection, the Chair declared the session adjourned
undergoes evolution. She also noted that there are until three o’clock in the afternoon of Monday,
programs to promote non-discrimination and diversity, February 13, 2017.
specifically diversity programs and policies which are
contemplated for government agencies, GOCCs, It was 6:14 p.m.
private companies, as well as public and private
educational institutions and other entities to ensure
that human rights violations and violence on the basis
o f SOGIE would be prevented. She said that the bill I hereby certify to the correctness o f the
contains a provision on information and education foregoing.
campaign where the family is the primary stakeholder
and the social unit where the process would begin
and bear fruit.

Asked if wearing make-up would constitute as

cross-dressing. Senator Hontiveros answered in the LTTY. LUTGARDO B. BARBO
affirmative. She explained that using cosmetics to Secretary of the Senate /
enhance one’s appearance could be a part o f cross­
dressing to make one feel happier and more disposed
to learning. Approved on February 13, 2017