REPUBLIC OF THE PHILIPPINES

Senate
Pasay City

Journal
SESSION NO. 36
Tuesday, November 10,2015

SIXTEENTH CONGRESS
THIRD REGULAR SESSION

SESSION NO, 36
Tuesday, November 10, 2015

CALL TO ORDER
At 3:36 p.m., the Senate President,lIon. franklin
M. Drilon, called the session to order.

PRAYER
Sen. Paolo Denigno "Dam" Aquino IV led the
prayer, to wit:
Let us put ourselves in the presence
of the Lord.
As we approach the end of yet another
year and the beginning of the campaign
season, we prepare ourselves for the controversies and challenges that are sure to
burden us.

PRAYER FOR GOOI) IlUI\IOR

Grant me, 0 Lord, good digestion,

and also something to digest.
Grant me a healthy body,
and the necessary good humor to maintain it.
Grant me a simple soul that knows to
treasure all that is good and that
doesn't frighten easily at the sight of evil,
but rather finds the means to put things
back in their place.
Give me a soul that knows no boredom.
grumblings, sighs and laments,
nor excess of stress, because of that
obstructing thing called "I."
Grant me, 0 Lord, a sense of good humor.
Allow me the grace to be able to take a joke
to discover in life a bit of joy,
and to be able to share it with others.
Amen.

May we usc our innate Filipino magnanimity, positivity and humor to overcome the
often-paralyzing cynicism so we may continue to move forward and achieve our
common goal- building a Philippines that
gives each one an opportunity to live a
healthy, comfortable, and happy life.
Let us pray one of Pope Francis'
favorite prayers by St. Thomas More, the
patron saint of statesmen and politicians:

SUSPENSION OF SESSION
With the pemlission of the Body, the session
was suspended.

It

WllS

3:38 p.m.

RESUMPTION OF SESSION
At 3:39 p.m., the session was resumed.

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TUESDAY. NOVEMBER 1O.20tS

530

ROLL CALL
Upon direction of the Chair. the Secretary of
the Senate. Atty. Oscar G. Yabes. called the roll,
to which the following senators responded:
Angara. S.
Aquino, P. D. IV D.
Ilinay, M. L. N. S.
Defensor Santiago, M.
Drilon. F. M.
Ejercito, J. V. G.
Enrile, J. P.
Escudero, F. J. G.

Guingona III, T. L.
I1onasan. G. Il.
Lapid, M. L. M.
Pimentel III, A. K.
Recto, R. G.
Sotto III. V. C.
Villar, C. A.

Senate President Drilon welcomed the guests

to the Senate.
REFERENCE OF nUSINESS
The Secretary of the Senate read the following
matters and the Chair made the corresponding
referrals:

With 15 senators present, the Chair declared the

presence of a quorum.
Senators Legarda, Marcos, Osmena, Poe and
TriIIanes arrived after the roll call.

Leaders of the Pilipillollg Nagkalwisa

Para sa Soherallya (PIN AS) headed
by Sr. Mary John Manan>'1n. former
Dayan Muna party-list Rep. Teddy A.
Casino, and Dutch Valdez.

nILLS ON FIRST READING

Senate Ilill No. 3001, entitled
AN

Senator Cayetano (P) also arrived after the roll

call as "she came from a meeting regarding Senate
Ilill No. 2892 or "The Expanded Maternity Leave
Law of2015" as indicated in the November 10,2015
letter of the Senator's chief of staff.

ACT ENSURING TIlE FREE

EXERCISE BY TIlE PEOPLE OF
TIIEIR RIGIIT PEACEAIlLY TO
ASSEMIlLE AND PETITION TIlE
GOVERNMENT

Introduced by Senator Defensor Santiago

Senator Cayetano (A) was on omcial business
as indicated in the November 10, 2015 letter of the
Senator's director for administration and finance.
Senators Estrada and Revilla were unable to
attend the session as they were under detention.
APPROVAL OF TilE JOURNAL
Upon motion of Senator Aquino, there being
no objection, the Ilody dispensed with the reading of
the Journal of Session No. 35 (November 9, 2015)
and considered it approved.
ACKNOWLEDGMENT
OF TilE PRESENCE OF GUESTS
At this juncture, Senator Aquino acknowledged
the presence in the gallery of the following guests:

To the Committee on Justice and lIuman

Ri~hts

Senate Dill No. 3003, entitled

AN ACT AMENDING SECTION 24
OF TIlE NATIONAL INTERNAL
REVENUE CODE OF 1997, AS
AMENDED, AND FOR OTHER
PURPOSES
Introduced by Senator Sonny Angara
To the Committee on Ways and Means
RESOLUTIONS
Proposed Senate Resolution No. 1647, entitled

DSWD Pantawid Pamilya Region IV-A

headed by Darius Immanuel D. Guerrero;

Darangay omcials of Darangay Balogo,

Pasacao, Camarines Sur, headed by
Darangay Captain Alvin M. Quiom;

BS Forestry students from U.P. Los

Danos, headed by Dr. Juan M. Pulhin
and Forester Liezl D. Grefalda; and

RESOLtmON DIRECTING TI IE PROPER

SENATE COMMI"JTEE TO CONDUCT
AN INQUIRY, IN AID OF LEGISLATION, ON TIlE RECENT COMMISSION ON AUDIT REPORT TIl AT
TIlE PHILIPPINE COUNCIL FOR
INDUSTRY, ENERGY, AND EMERGING TECHNOLOGY RESEARCH

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531

TUESDAY, NOVEMI1ER 10, 20lS

AND DEVELOPMENT FAILED

TO LIQUIDATE A SIGNIFICANT
AMOUNT OF DlSnURSED FUNDS
TO TilE DETRIMENT OF TilE
STATE
Introduced by Senator Defensor Santiago
To the Committee on Science and Tech
nology
Proposed Senate Resolution No. 1648, entitled
RESOLUTION EXPRESSING TIlE SENSE
OF TilE SENATE TIIAT TilE
REPRODUCTIVE IIEALTII LAW,
UPHELD DY TilE SUPREME COURT
AS CONSTITUTIONAL, MUST DE
IMPLEMENTED
FULLY
TO
EFFECTIVELY ADDRESS CIIRONIC
MATERNAL MORTALITY IN TIlE
PIIILlPPINES

SUPPLY CONTRACTS IN 2014

WERE ANOMALOUS
Introduced by Senator Defensor Santiago
To the Committee on Health and Demo
graphy
Proposed Senate Resolution No. 1651, entitled
RESOLUTION
DIRECTING
TilE
PROPER SENATE COMMITTEE TO
CONDUCT AN INQUIRY, IN AID
OF LEGISLATION, ON TIlE RECENT
COMMISSION ON AUDIT REPORT
TIIA T WESTERN VISA YAS REGION
HAS SEVEN CONGESTED AND
SIX EMPTY JAILS
Introduced by Senator Defensor Santiago
To the Committees on Justice and Human
Rights; and Public Order and Dangcrous Drugs

Introduced by Senator Defensor Santiago

Proposed Senate Resolution No. 1652, entitled
To the Committee on Rules
Proposed Senate Resolution No. 1649, entitled
RESOLUTION
DIRECTING
THE
PROPER SENATE COMMITTEE TO
CONDUCT AN INQUIRY, IN AID
OF LEGISLATION, ON TilE RECENT
COMMISSION ON AUDIT REPORT
TIIAT TIlE MEDICAL ASSISTANCE
FUNDS FOR INDIGENT PATIENTS
REMAINED UNUTlLlZED IN 14
HOSPITALS UNDER TilE DEPART
MENT OF IIEALTII IN 2014
Introduced by Senator Defensor Santiago
To the Committce on Health and J)cmography

RESOLUTION URGING TIlE DEPART

MENT OF AGRICULTURE, DEPART
MENT OF PUDLIC WORKS AND
IIIGIIWA YS, DEPARTMENT OF
SOCIAL WELFARE AND DEVELOP
MENT, DEPARTMENT OF nUDGET
AND MANAGEMENT, AND OTHER
APPROPRIATE GOVERNMENT
AGENCIES, TO SWIFTLY COME UP
WITII SHORT AND LONGTERM
PLANS FOR TilE NECESSARY
ASSISTANCE TO AFFECTED AREAS
AND PERSONS AFTER TIlE ON
SLAUGIIT OF TYPHOON "LANDO"
AND IMMEDIATELY IMPLEMENT
A COMPREIIENSIVE REIIADlLlT
ATION PROGRAM
Introduced by Senator Grace Poe

Proposed Senate Resolution No. 1650, entitled

RESOLUTION DIRECTING TIlE PROPER
SENATE COMMITTEE TO CONDUCT
AN INQUIRY, IN AID OF LEGIS
LA TION, ON TilE COMMISSION
ON AUDIT REPORT Til AT PI70
MILLION IN LEYTE 1I0SPITAL

To the Committees on Agriculture and

Food; Public Works; and Finance
Proposed Senate Resolution No. 1653, entitled
RESOLlmON DIRECTING TilE SENATE
COMMITTEE ON punuc SERVIC~

532

TUESDAY. NOVEMBER 10. 20lS

TO LOOK INTO TilE ALLEGED

"TANIM BALA" EXTORTION
ACTIVITIES PERPETRATED BY
AIRPORT SECURITY PERSONNEL
AGAINST PASSENGERS WITII
TilE END VIEW OF IMPROVING
TilE COMFORT AND SAFETY OF
OUR DOMESTIC AND FOREIGN
TRAVELERS

IN AID OF LEGISLATION, TilE

ALLEGED PI.601 BILLION OVERPRICING or TilE I I-STOREY NEW
MAKATI CITY IIALL II PARKING
BUILDING,
TilE
REPORTED
OVERPRICING OF TIlE 22-STOREY
MAKATI CITY IIALL BUILDING
AT TilE AVERAGE COST OF
P240,OOO.00 PER SQUARE METER
AND RELATED ANOMALIES
PURPORTEDLY COMMITTED BY
FORMER AND CURRENT LOCAL
GOVERNMENT OFFICIALS AND
FOR OTIIER RELATED PURPOSES,

Introduced by Senator Legarda

To thc Committee on Public Scn-iccs
Proposed Senate Resolution No. 1654, entitled
RESOLUTION COMMENDING AND
CONGRATULATING TIlE PIlI LI PPINE ART VENICE BIENNALE
TEAM LED BY CURATOR DR.
PATRICK D. FLORES, ARTISTS
MANNY MONTELIBANO AND
JOSE TENCE RUIZ, AND TilE
COORDINATING COMMITTEE, FOR
SUCCESSFULLY MOUNTING AND
EXIIIBITING "TIE A STRING
AROUND TilE WORLD" AT TIlE
PHILIPPINE PAVILION, TilE
COUNTRY'S ONLY NATIONAL
REPRESENTATION AT TilE 56'h LA
DIENNALE DI VENEZIA, TilE
WORLD'S OLDEST AND MOST
PRESTIGIOUS CONTEMPORARY
ART EXPOSITION
Introduced by Senator Legarda
To the Committec on Rulcs
COMMITTEE REPORTS
Committee Report No. 288, submitted by the
Committee on Accountability of Public Officers
and Investigations the partial report by its
Subcommittee on Proposed Senate Resolution
No. 826, introduced by Senator Trillanes IV,
entitled
RESOLUTION DIRECTING TilE COMMITTEE ON ACCOUNTABILITY OF
PUBLIC OFFICIALS AND INVESTIGATIONS or TilE SENATE or TIlE
PIIILIPPINES TO INVESTIGATE,

recommending the adoption of its findings and

approval of the same.
Sponsor: Senator Guingona III
To the Calcndar for Ordinary Business
Committee Report No. 289, prepared and submitted
jointly by the Committees on Agriculture and
rood; Tourism; and Ways and Means, on
Senate Bill No. 3002 with Senators Trillanes IV,
Lapid, Joseph Victor Ejercito, Sonny Angara
and Cynthia A. Villar as authors thereof, entitled
AN

ACT PROVIDING rOR TilE

DEVELOPMENT AND PROMOTION
OF FARM TOURISM IN TIlE
PJlILlPPINES AND FOR OTIIER
PURPOSES,

recommending its approval in substitution of

Senate Dill Nos. 802, 2 I 84,2234,2673 and 2766,
taking into consideration lIouse Bill No. 5299.
Sponsor: Senator Cynthia A. Villar
To the Calendar for Ordinary Business
Committee Report No. 290, submitted by the Committee on lIealth and Demography, on 1I0use
Bill No. 5307, introduced by Representative
Velarde, el 01., entitled
AN ACT DECLARING TIlE FOURTII
WEEK OF SEPTEMIJER OF EVERY
YEAR AS TI IE NATIONAL TI IYROID
CANCER AWARENESS WEEK,
recommending its approval without amendment.

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533

TUESDAY. NOVEMBER 10. 20lS

Sponsor: Senalor Guingona III

PROI'OSEIl SENATE RESOLUTION NO. 1414

To Ihe Calendar for Ordinary /lusiness

Wilh the permission of the lIody, upon motion

of Senator Aquino, the Dody considered Proposed
Senate Resolution No. 1414, entitled

Committee Report No. 291, submitted joinlly by

the Committee on Health and Demography; and
Finance, on Senale Dill No. 2767, introduced by
Senator Guingona III, entitled
AN ACT INCREASING THE DED
CAPACITY OF VICENTE SOTTO
MEMORIAL MEDICAL CENTER,
LOCATED IN CEDU CITY, FROM
EIGHT HUNDRED (800) TO ONE
TIIOUSAND TWO HUNDRED (1,200)
DED CAPACITY, AND APPROPRIA TING FUNDS TIIEREFOR,
recommending its approval with amendments,
taking into consideration House Dill No. 5276
Sponsor: Senator Guingona III
To the Calendar for Ordinary /lusiness
Committee Report No. 292, prepared and submitted
jointly by the Committees on Justice and Human
Rights; Ways and Means; and Finance, on
Senate Dill No. 3004 with Senators Marcos Jr.,
Cynthia A. Villar, Lapid, Guingona III, Pimentel
III. Sonny Angara and Legarda as authors
thereof, entitled
AN

ACT STRENGTHENING THE

PROCESS OF ACQUIRING THE
RIGHT OF WAY FOR NATIONAL
GOVERNMENT INFRASTRUCTURE
PROJECTS, REPEALING FOR TI liS
PURPOSE REPUDLIC ACT NO. 8974,
OTIIERWISE KNOWN AS AN ACT
TO FACILITATE TIlE ACQUISITION
OF RIGIIT-OF-WAY, SITE, OR LOCATION FOR NATIONAL GOVERNMENT INFRASTRUCTURE PROJECTS,
APPROPRIATING
FUNDS
THEREFOR, AND FOR OTHER
PURPOSES,

recommending its approval in substitution of

Senate Dill Nos. 2145, 2180 and 2447.
Sponsor: Senator Marcos Jr.
To Ihe Calendar for Ordinary /lusiness

RESOLUTION EXPRESSING TIlE

STRONG SENSE OF TIlE SENATE
TIIAT ANY TREATY RATIFIED DY
TIlE PRESIDENT OF TIlE PHILIPPINES SHOULD DE CONCURRED
IN DY THE SENATE, OTHERWISE
TIlE TREATY DECOMES INVALID
AND INEFFECTIVE.
With the permission of the nody, only the title of
the resolution was read wilhout prejudice to the
insertion of its text into the Record of the Senate.
Senate President Drilon stated for the record
that the resolution was referred to the Committee
on Rules on July 28, 2015; thus, it is within the
jurisdiction of the Committee to report out the
resolution.
MANIFESTATION OF SENATOR ENRILE
Senator Enrile manifested his abstention to the
resolution.
PARLIAMENTARY INQUInY
OF SENATOR TIULLANES
Asked by Senator Trillanes if the resolution
would undergo the period of interpellations, Senate
President Drilon replied in the affirmative.
SPONSOHSIIIP SPEECH
OF SENATOR DEFENSOR SANTIAGO
Senator Defensor Santiago presented for plenary
consideration Proposed Senate Resolution No. 1414
and forthwith delivered her sponsorship speech
as follows:
I am afraid we have to go back a little bit in
time. Let me begin with last year. April 28. 2014.
This was the date when the Enhanced Defense
Cooperation Agreement (EDCA) was signed by
Philippine Defense Secret:Jry Voltaire Galmin and
U.S. Ambassador to the Philippines. Philip Goldberg. The Agreement was signed before U.S.
President 13arack Obama arrived in Manila for a
two-day state visit.

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TUESDAY, NOVEMBER 10,2015

534
Following thai month, May 2014, the first
petition against the [DCA was tiled in the
Supreme Court and some of those distinguished
petitioners are here present in addition to having
been present during the committee hearing a few
months ago. That was the first petition.
The second petition against [DCA was
tiled virtually on the same date in the Supreme
Court. I have a summary of the [DCA petitions
filed in the Supreme Court.
In November 2014, oral arguments took
place in the Supreme Court between the
petitioners and respondents. I have a summary
of the Solicitor General's arguments.
Last December 2014, as chair of the
Committee on Foreign Relations, I chaired an
inquiry, in aid of legislation, on the [DCA in
response to news reports that certain Supreme
Court justices wished to know the position of
the Senate on [DCA. Some of our senators were
there: Senators Angara, Marcos and Cayetano.
There were a number of distinguished
resource persons who were present. I believe
some of them are with us. Unfortunately, I have
not been able to identify them correctly but I
have since sent a letter to all my fellow senators
to sign a draft "Sense of the Senate" resolution
on [DCA as coauthor.
From January to June, we circulated the
resolution and asked the senators one by one if
they wanted to sign the resolution as coauthor.
Most of the senators asked for time to study the
resolution.
In June this year, I filed this draft resolution
entitled "Resolution Expressing the Strong Sense
of the Senate That Any treaty Ratified by the
President of the Philippines Should De
Concurred in by the Senate, Otherwise the
Treaty necomes Valid and Ineffective."
I sent a copy of my letter, together with the
draft resolution, to the Chief Justice of the
Supreme Court. This was in response to news
items in the media that the Supreme Court
justices had been expressing the thought among
themselves on what the Senate feels about the
legality of the proposed [DCA agreement
between the two countries - the Philippines and
the United States.
So, in effect, therefore, even unomcially, we
have already furnished the Supreme Court with,
more or less, an intimation of how the senators
fcel about this draft resolution.
And now, I am afraid I will have to go into

a little technical discussion of the resolution.

Out if at the period of amendments or even the
period of interpellations, if there is a necessity,
I shall be happy to discuss the present two
petitions pending in the Supreme Court against
the CDCA and in particular the arguments of the
Solicitor General in favor of this [DCA.
I believe that I have 12 of my coauthors
here, and if that is so, then we are all authors
for the resolution.
On behalf of my 12 other coauthors, I have
the honor to sponsor Senate Resolution No. 1414,
entitled "Resolution Expressing the Strong
Sense of the Senate That Any Treaty Ratified
by the President of the Philippines Should be
Concurred in by the Senale, Otherwise the
Treaty Decomes Valid and Ineffective."
Sa madalillK salila, hilldi maaari na anK
l'residente ay bigla na lamanK maK-isallg
pipirma no kasama ng kung sino pang pimmo
ng eslado nK ibang ballsa. KillakailanKall ang
sang-Gyon I1g Sen ado. lyon ang gusto noting
liwanaKin. KapaK hindi pllmapayaK anK
Senado, hindi mooar; iyonK treaty masH
napirmahan at na-ratify ng aring Presid(!nte.

The resolution that we propose and we will

approve is constitutional law. The strong sense
of the Senate that it embodies is a confirmation
of its supremacy over any self-serving speculation that is forced subjectively on the Constitution.
Central to the thesis of the Senate in this
resolution are the general and the particular
principles which combine as the law of treaties
under the Constitution.
The general clause is contained in the treaty
clause of the Constitution which reads in Article
VII, Section 2l,thus:
"No treaty or international agreement shall be valid and effective unless
concurred in by at least two-thirds of all
the Members of the Senate."
This is the only provision of the fundamental law that determines the validity and
effectiveness of treaties as law of the land. Olher
than concurrence of the Senate, no authority
expressly transforms a treaty into law.
Kaya maRandang SifWQ!i)'on i/o ~linK inter..
national law an!! pinagrlllsaran nalin. DaM/.fa

aring

mismonK

SaliKanK

Balas,

anK

international law OJ' bahaKi no nK alinK

pambansanK bolas. The international law is part
of the law of the land. This is the only provision
of our Constitution which provides the emcacy

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TUESDAY, NOVEMBER 10, 20lS

of treaties and other international agreements in
our country.

This general mandate is brought into

application to a treaty of a particular kind, namely,
as described in the Constitution, Article XVIII,
Section 25:
"... foreign military bases, troops, or
facilities shall not be allowed in the
Philippines except under a treaty duly
concurred in by the Senate... and
recognized as a treaty by any other
contracting state."

Palar) tayong nag-aawG)' 0 ang ating

bayan OJ' nagkakaglilo ,ito sa nakalagay sa
ating Constitution. /lindi lamang sigllro dahil
sa n0Kra/it no ang mga paligid nalin kung

hindi nagpalit na 'in ang pag-iisip ng ating

samhayanan.

" ..... foreign military bases, troops,

or facilities shall not be allowed in the
Philippines except under a treaty dilly
concllrred in by the Senate... and
recognized as a treaty by the other
contracting State."

In particular, concurrence of the Senate

becomes an integral element of a treaty of 8
special kind in which concurrence forms part
of its essential nature. This time, there cannot
be a treaty without Senate concurrence; the
treaty is void.
Defore the Supreme Court, even as I speak
to you, is the constitutionality of the executive
agreement concluded by authority of the
President with the United States Government,
entitled Enhanced Defense Cooperation Agreement (EDCA). In defiance of the Constitution,
Article XVIII, Section 25, EDCA is without
question a prohibited treaty of "foreign military
bases, troops, or facilities" concluded in the
absence of Scnate concurrence.
The oral arguments presented on behalf of
the Executive Department in the Supreme Court
by the Solicitor General clearly described the
EDCA in the nature of "foreign military bases,
troops, or facilities" nnd thus constitutes a
judicial admission that it is not of the category
that "shall not be allowed in the Philippines
except under a treaty duly concurred in by the
Senate," by authority of the Constitution, Article
XVIII, Section 25.
The textual composition of EDCA in itself
evidences that it belongs to the category of
prohibited treaty, namely, it is a treaty of
"foreign military bases, troops, or facilities"

535
without the concurrence of the Senate. That
such a prohibited "treaty" has been concluded
by the Executive Department 8S an executive
agreement testifies to its inherently prohibitory
nature under the Constitution, by reason of
EDCA's substantive provisions dealing with the
establishment, location, stationing of the United
States military forces and storage of military
facilities in Philippine territory.
While the prohibitory nature of the
constitutional mandate is inescapably clear,
the Executive Department in what I can possibly
call to wash it orr from the fundamental law in
avoidance of legal conse-quences which should
include the Civil Code, Article 5, which reads:
Acts executed against the provisions of mandatory or prohibitory laws
shall be void, except when the law itself
authorizes their validity.
Perhaps the saving clause of this provision
may call for the application of Senate
concurrence to u save" the troubled executive
agreement. nut how docs this agreement survive
the demand of Article 7 of the same Code in the
following terms:
Administrative or executive acts,
orders and regulations shall be valid
only when they are not contrary to the
laws of the Constitution.
Kayo dapal lamong itanong nalin sa
ambassador ng Ameri/w kapag nangumllsla
/oyo sa kan(l'o. Paano nalin maipaf!.Potufoy
ilong EDCA no maliwanang naman sa aling

Civil Code na ang mga ipinaghahm,'al ng aring

hara.' ay hindi maaring bigyang sigla 0
bil..'J'allg bl/hay ng sa,ili ,ill naring baras?
The "defense" of the executive agreement
may rely on the Constitution, Article VIII,
Section 4(2), which provides that:
All cases involving the constitutionality of a treaty, international or
executive department, or law, which
shall be heard by the Supreme Court en
balle ... shall be decided with the concurrence of a majority of the Members
who actually took part in the deliberations on the issues in the case and
voted thereon.
While this procedural provision deals with
the "constitutionality of a treaty, international or
executive agreement," it does not pertain to any
treaty, international or executive agreement of a
particular subject matter at issue on the
canst itut ional ity.

TUESDAY, NOVEMIlFR 10,2015

536

lIence, on the remote assumption that this

provision may be applicable to a case involving
the constitutionality of a treaty or executive
agreement, it must exclude from its applicability
or interpretation the prohibited treaty as
described with particularity in the Constitution,
Article XVIII, Section 25, i. e. the case of constitutionality of a treaty (or executive agreement)
conceming "foreign military bases, troops or
facilities." The prohibitory character of this
provision must command supremacy over the
general and ambiguous language of the
Constitution, Article VIII, Section 4(2).
We begin with the confidence that our
humble Senate Resolution No. 1414 is an
expression of constitutional law on the matter of
critical importance to the integrity of the Senate
and the honor of this Republic.
It is on this premise that we believe with the
same confidence that the Supreme Court-I
understand, very soon anytime-will consider
this Resolution with decisive concern.

So madaling salila. guslo ngayon nl: alinl:

adminislras),on na ang nakalagay so Constitution ay pllwedeng l:(lWin no isang kasliialan
no ang pumirma. hindi ang Presidenle natin

al hindi ang Presidente ng Amerika. ay ang

aling Cabinet member lamang na Secretary
of Defense al anI: kaNla naman ay anI:
ambassador lamanl: of the United States of

America to the Philippines.

Kaya. anI: lanonl: lamonI: nl:ayon ay
gani/a: JIang ginagawa ng administrasyon no
sa ngayon oy nakabinhin sa a(ing Supreme

Court, kayo more or less, we are coming to a

decision, will it either be like or against the
decision of the Supreme Court? But in any
event, we are prompted this afternoon by the
report and inquiry that the Supreme Court
wishes to know what arc the sentiments of the
Senate on this matter? I have already said that
the language is very clear; there is no doubt.
You cannot fudge this.
AnI: ibig ba naling sahi"in, nakalagay so
a(ing Constitution walang magagawa sa
pamamagiton ng isang kaslinduon ang sino
manJ.: opisyal ng Pilipinos no hindi muno

pl/mayag anI: Senado. Pal:kalopos. nl:a),on

0)'

diredire(so no lamang silang pipirma nitong

linafawag nilang executive agreement na wala
man lamang parlisipa.fyon anI! a(ing Senado.
Kapangyarihan ito na ihinigay sa atin ng ating
SaliKanK Bola.r;, AfarrmonK anJ.: mJ.:a gumawa
nl: Salil:ang Baglas. lyolIl: "'1:0 hindi po nalin
naiintindihan 0 naaalala no mga rason ~V

nogawa nilang maintlndihan. Kaya ~lImaU'a

sila nitong alin/! Constitution 0 Saligang Balas.
Kayo kung ano iyong naAikita natin sa

Constitution, i),on anI: slindin natin, malihall

lamanl: Aung glislo nalilll: palilan anI:

Constitution, which is another thing.

MANIFESTATION
OF SENATOR TRILLANES
Senator Trillanes objected to the proposal to
adopt Proposed Senate Resolution No. 1414 because
he believed that the EDCA is neither a treaty nor
international agreement and that, in fact, it was
intended by the Philippines and the United States to
be an executive agreement to implement their
respective rights and obligations undcr the 1951
Mutual DefenseTreaty (MDT) as well as the 1998
Visiting Forces Agreement (VFA) which was
concurred in by the Senate and which has been
upheld by the Supreme Court and the United Nations
Charter of which both the Philippines and the U.S.
are signatories. lie pointed out that no new rights or
obligations arc created under the agreement which
merely amplified and provided implementing details
as to how the parties may exercise such rights and
obligations in view of the prevailing circumstances.
He said that the EDCA is no different from the
Mutual Logistic Support Agreement (MLSA) which
was signed by the United States and the Philippine
government in 2007 but which was not ratified by the
Senate since most of the senators had allowed such
a condition. In fact, he said that the MLSA expired
in 2012 without having to go through the same
scrutiny as the EDCA.
Stating that she fully understood the reason
behind such an attitude about the EDCA, Senator
Defensor Santiago pointed out that Mutual Defense
Treaty which the EDCA is supposed to implement
has become obsolete. Second, she surmised that the
reason the term "executive agreement" was used
in lieu of "treaty" was to avoid seeking the consent
of the Senate. She pointed out that the term "executive
agreement" is a lonely infant wandering unclaimed
and unloved in the Constitution. The Constitulion, she
said, docs not contain any provision using such a
term and, as such, docs not define its proponents or
its purpose. Further, she contended that "executive
agreement" was not even included in the Vienna
Convention on the Law on Treaties; thus, it is not
part of international law in the sense of it being part
of the law of the land such as the Philippines. Yo:

rr

537

TlJESDAY, NOVEMBER 1O,20lS

Senator Defensor Santiago asked that the

Vienna Convention on the Law on Treaties be
looked into. She said that if nil agreements signed
by the President of the Philippines, the defense
secretary, or by any other high-ranking official of
the government would be considered merely as
an executive agreement and not as a treaty, then
the consent of the Senate would be unnecessary.
She noted that this has been the argument used in
the Mutual Defense Treaty and in the Visiting
Forces Agreement.

TERI\1INATION OF TilE PEIUOn

OF AI\1ENDMENTS

Senator Trillanes clarified that his manifestation

confined itself within the context of the proposed
resolution. He believed that the determination of
whether the EDCA is an executive agreement or a
treaty should be left to the scrutiny of the Supreme
Court and that the Senate does not need to express
its sentiment through a resolution and should just
have to wait for the Supreme Court to resolve the
issue.

But Senator Trillanes called for a division of

the House.

Senator Defensor Santiago said that she

understood the attitude of Senator Trillanes as one
that is referred to as the "neutral constitutional
attitude," one which subscribes to the supremacy of
the Constitution and where the legislative and
executive branches would have no say on any legal
matter as if the three branches of government - the
executive, the legislative and judicial brancheswere waiting upon each other or would decide to
move first to act on certain matters.

There being no committee or individual amendment, upon motion of Senator Angara, there being no
objection, the Body closed the period of amendments.
ADOPTION OF PROPOSED
SENATE RESOLUTION NO, 1414
Senator Angara moved for the adoption of Proposed Senate Resolution No. 1414, subject to style.

Upon direction of the Chair, Secretary Yabes

called the roll for nominal voting.
RESULT OF TilE VOTING
The result of the voting was as follows:

/11 favor
Angara
ninay
Defensor Santiago
Ejercito
Escudero
Guingona
Lapid

Legarda
Marcos
Osmena
Pimentel
Poe
Recto
Villar

Agaillst
Trillanes

She said that the Philippine Constitution recognizes the tripartite nature of government and acknowledges that the government is a government of
democracy and that there arc three branches that
arc coequal with each other. She said that it is
not a good attitude to eon cede that it is only the
Supreme Court that has the sole power to resolve
the constitutional issues.
Senator Trillanes said that he submits to the
wisdom of the Body.
TERI\1INATION OF TilE PERIOD
OF INTERPELLATIONS
There being no further interpellation, upon motion
of Senator Angara. there being no objection, the Body
closed the period of interpellations and proceeded to
the period of amendments.

Abstentioll
Drilon

Enrile

With 14 senators voting in favor, one against,

and two abstentions, Proposed Senate Resolution
No. 1414 was adopted by the Body, subject to style.
EXPLANATIONS OF VOTE

By Sellate Presidellt Drilon

Senate President Drilon said that he abstained
from voting in deference to the Supreme Court
where the issue as to whether the EDCA is a treaty
or an executive agreement is pending.
By Sclla/or Ellrile

Senator Enrile said that he was abstaining

rr,v

TUESOAY. NOVEMBER 10. 20lS

538

because he believed that the resolution was unnecessary, as it was merely a reiteration of Section 21,
Article VII of the Philippine Constitution.
COMl\lITTEE MEl\mERSIIIP
Upon motion of Senator Angara. there being no
objection, Senator Guingona was elected member of
the Committee on Public Services in lieu of Senator
Legarda.
SPECIAL ORDER
Upon motion of Senator Angara, there being no
objcction, the Dody approvcd the transfer of
Committee Report No. 287 on Senate nill No. 2999
from the Calendar for Ordinary Dusiness to the
Calendar for Special Orders.
COMMITTEE REPORT NO. 287
ON SENATE IIILL NO. 2999
Upon motion of Senator Angara, there being no
objection, the Dody considered, on Second Reading,
Senate Dill No. 2999 (Committee Report No. 287),
entitled
AN ACT MANDATING THE INSTALLATION OF SPEED LIMITERS AND
SETTING SPEED LIMITS FOR
PUBLIC UTILITY DUSES AND FOR
OTlIER PURPOSES.
Pursuant to Scction 67, Rule XXIII of the
Rules of the Senate, with the permission of the Body,
upon motion of Senator Angara. only the title of
the bill was read without prejudice to the insertion
of its full text into the Record of the Senate.
Thereupon, the Chair recognized Senator Ejercito.
sponsor of the measure.
SPONSORSIIIP SPEECH
OF SENATOR EJERCITO
Senator Ejercito, on behalf of the Committee on
Public Services, submitted for plenary consideration
Senate nill No. 2999 under Committee Report
No. 287, also known as the Speed Limiter Dill, which
he believed advances the right of commuters toward
a safer road and safer means of public transport.

The filII text of the Selllltor Ejercito's

spo/1.wr.l'hip speech follows:

I speak today for our fellow Filipinos who

use our public utility vehicles as their primary
means of traveling. ond whose lives may be ot
risk if we do not bring immediate solution and
discipline on our roads.
Today. I am pushing for the passage of
Senate Dill No. 2999 under Committee Report
No. 287, which mandates the installation of a
speed limiter in every public utility bus. This is
in substitution of Senate Dill No. 2110 authored
by yours truly and Senate Dill No. 1133 by
Senator Antonio Trillanes IV, taking into
consideration Proposed Senate Resolution No.
445 ond 1I0use Dill No. 5911.
This measure is a grave reminder to all of us
that there is another road killer on the loose - the
public utility buses - that threaten the lives of
our daily commuters.
Road accidents have increased in the past
years. In 2013, the Philippine National Police
recorded a total of 12.875 accidents; in 2014.
it ballooned to 15,572; and in 2015, just for the
months of January to July. our police has already
recorded 13.366 accidents on the roads. In the
same report, over-speeding is identified

85

one

of the causes of these accidents.

A study conducted by the UP National
Center for Transport Studies (UP-NCTS) in 2014
on the speed control of public utility buses
(PUDs) reveals that bus riders are considered to
be most exposed to risks. The study gives
emphasis to the fact that a bus is six times more
at risk than a car. and five times more than a
jeepney.
It is with deep sorrow that I need to remind
this honorable Chamber of the Valisno. Don
Mariano and GV Florida bus accidents. which
claimed lives and caused injuries to people and
damages to property. These accidents prompted
yours truly to file the Speed Limiter Dill.

The series of bus accidents and the

aforementioned data tell us that road signs and
speed reminders arc being ignored to the
detriment of the passengers' safety. In addition
to such negligence. another crucial factor is the
slack enforcement and implomentation of tramc
rules. What better way to fix these gaps than to
impose a solution which will leave the operators
and the regulating agencies no choice but to
implement what the law mandates. the mandatory
installation of speed limiter.
The study on speed control of buses
conducted by UP-NCTS supports this proposed
legislation. They cited invehicle device such as
the speed limiter as one of the speed control

rtY

TUESDA Y, NOVEMBER 10, 20 I5

options to regulate speed, thus, curbing the
fatalities on the roads. The same study also
attests to its success in tenns of the effective-

ness and compliance in countries adopting such

method. In terms of ease of regulation, the
device itself is a regulatory device because of
the manner it is designated to operate.
As recommended also by the UP-NCTS, this
Speed Limiter Dill recommends a maximum of60
kph speed limit for buses plying EDSA, and 80
kph to those traversing expressways.
Once the Speed Limiter Dill is enacted into
law, Ihere will be an accreditation to ensure that
for every speed limiter that will be installed in
buses, acceptable international standards and
precise specifications are met. Any person who
will tamper installed speed limiter or failed to
comply with the mandatory installation shall be
punished by imprisonment andlor fines.
We have long been shocked by news reports
of over-speeding buses and families instantly
losing their loved ones due to freak accidents.
This Speed Limiter Dill is our solution to
eliminate killer buses. Let us not wait for another
bus accident for us to act on this.
I appeal to this honorable Body to support
the passage of this bill.
SUSPENSION OF CONSIDERATION
OF SENATE DILL NO, 2999
Upon motion of Senator Angara, there being
no objection, the Dody suspended consideration of
the bill.
MANIFESTATION OF SENATOR AQUINO
Senator Aquino manifested that he would like to
have his vote recorded as an abstention on Proposed
Senate Resolution No. 1414.

539

Committee on Rules because the Rules of the Senate

require that the senators be present in the Chamber
at the time of the voting.
CIIANGE OF REFElutAL
Upon motion of Senator Angara, there being no
objection, the Chair approved the transfer of Senate
Dill No. 2962 (Lone Legislative District of the City of
San Fernando, Pampanga) from the Committee on
Rules to the Committee on Local Government.
COMMITTEE REPORT NO, t90
ON 1I0USE IlILL NO, 2360
(Contillllatioll )
Upon motion of Senator Angara, there being no
objection, the Dody resumed consideration, on Second
Reading, of I louse Dill No. 2360 (Committee Report
No. 190), entitled
AN ACT ESTADLISHING A SECURITIES
AND EXCHANGE COMMISSION
(SEC) OFFICE IN DACOLOD CITY
AND APPROPRIATING FUNDS
TIIEREFOR.
Senator Angara stated that the parliamentary
status was the period of interpellations.
Thereupon, the Chair recognized Senator OsmeMa,
sponsor of the measure.
TERMINATION OF TilE PERtOn
OF INTERPELLATIONS
There being no interpellation, upon motion of
Senator Angara, there being no objection, the Dody
closed the period of interpellations and proceeded to
the period of committee amendments.
COMMITTEE AMENnMENTS

MANIFESTATION
OF SENATOR CAYETANO (P)
Senator Cayetano (P) manifested that as a
coauthor of Proposed Senate Resolution No. 1414,
she would like to have her vote recorded as in favor
of the resolution.
RULING OF TilE CIIAIR
Senate President Drilon referred the manifestations of Senators Aquino and Cayetano (P) to the

As proposed by Senator OsmeMa, there being no

objection, the following committee amendments were
approved by the Dody, one after the other:
I.

Replace the text of Section I with the following: TITLE. TIllS ACT SIIALL BE KNOWN
AS TI IE SEC BACOLOD OFFICE LA W.

2.

Replace the text of Section 2 with the following: CREATION. TIIERE SI IALL BE ESTABL1SIIED A SECURITIES AND EXCI lANGE
COMMISSION IN BACOLOD CITY.

TUESDAY, NOVEMBER 10, 20lS

540
3.

Amend Section 3 to read: ORGANIZATION.

- TilE SEC SIIALL IMMEDIATELY
INCLUDE IN ITS PROGRAMS TilE
ORGANIZATION Of TIlE SEC OfFICE
IN DACOLOD CITY, THE FUNDING OF
WIIICII SIIALL DE INCLUDED IN TilE
GENERAL APPROPRIATIONS ACT.

4.

On line 8, delete the word "annual";

5.

Paragraphs on the plantilla positions for

SEC Dacolod were added, to read as follows:

SUM OF TEN MILLION PESOS (1'111'

10,000,000.00), IN ADDITION TO SEC'S
CURRENT ANNUAL DUDGET AND ON
TOP OF ITS REGULAR RETENTION
INCOME AS PROVIDED IN TIlE SECURITIES REGULATION CODE, IS IIEREDY
AUTIIORIZED TO DE APPROPRIATED TO
TIlE SEC TO FINANCE TIlE OPERATION
OF TIlE SEC OFFICE IN DACOLOD CITY
FOR TIlE FIRST FISCAL YEAR AFTER
TIlE EFFECTIVITY OF TillS ACT.

TIlE FOLLOWING ITN (IO)ADDmONAL

PLANTILLA POSITIONS ARE IIEREBY
CREATED FOR TIlE INITIAL OPERATION
OF TilE SEC OFFICE IN DACOLOD CITY:
NUMOER OF
POSITIONS

POSITIONrrtTLE

SALARY
GRADE

SEC EXTENStON OFFICE

DIRECTOR

26

SEC EXECUTIVE
ASSISTANT

13

SEC CLERKIMESSENGER

10

SEC UTILITY/DRIVER

SECURITIES LEGAL
COUNSEL II

19

SECURITIES SPECIALIST II

18

SECURITIES SPECIALIST I

17

SEC RECORDS
SPECIALIST II

13

SEC SUPPORTI
CLERICAL I

10

SEC COMPUTER
OPERATOR

FOR EACII FISCAL YEAR TIIEREAFTER, TIIERE IS AUTIIORIZED TO DE

APPROPRIATED TO TilE SEC IN TIlE
ANNUAL GENERAL APPROPRIATIONS
ACT SUCII ADDITIONAL SUMS AS MAY
DE NECESSARY FOR TIlE CONTINUED
OPERATION AND MAINTENANCE OF
TIlE SEC OFFICE IN DACOLOD CITY AND
SUCII OTIIER SUMS AS MAY DE
PROVIDED DY LAW FOR TIlE SALARIES
OF ITS OFFICERS AND EMPLOYEES TO
REFLECT PA Y RATE CIIANGES MADE IN
ACCORDANCE WITII TilE SECURITIES
REGULATION CODE.

7.

SEC. 5.IAIPLEMENTING RULES AND

REGULATIONS. - TIlE SEC SHALL ISSUE
TilE NECESSARY RULES AND REGULATIONS FOR TilE EFFECTIVE IMPLEMENTATlON OF TillS ACT.
8.

6.

Add a new Section 4 on appropriations to

read as follows:
SEC. 4. APPROPRIATIONS.

- TilE

Add a new Section 6 on separability clause

to read as follows:
SEC. 6. SEPARABILITY CLAUSE. IF ANY SECTION OR PROVISION OF
TillS ACT SIIALL DE DECLARED
UNCONSTITUTIONAL OR INVALID,
TIlE OTIIER SECTIONS OR PROVISIONS NOT AFFECTED TI IEREDY SIIALL
CONTINUE TO DE IN FULL FORCE
AND EFFECT.

TIlE DEPARTMENT OF DUDGET AND

MANAGEMENT (DDM) SIIALL IMMEDlATELY ISSUE A NOTICE OF ORGANIZATION, STAFFING AND COMPENSATION ACTION (NOSCA) OR SUCII
SIMILAR OOCUMENTS NECESSARY FOR
TilE SAME PURPOSE.
PROVIDED, TIIATNOTIIING IN TillS
SECTION SIIALL DE CONSTRUED AS
TO LIMIT TIlE POWERS OF TilE SEC
UNDER REPUDLIC ACT NO. 8799, OR
TilE SECURITIES REGULATION CODE,
TO DETERMINE ITS OWN POSITION
AND CLASSIFICATION SYSTEM AND
QUALIFICATION STANDARDS.

Add a new Section 5 on implementing rules

to read as follows:

9.

Add a new Section 7 on repealing clause

to read as follows:
SEC. 7. REPEALING CLA USE. - ALL
LA WS, DECREES AND ORDERS OR PARTS
TIIEREOF INCONSISTENT IIEREWITII
ARE IIEREDY REPEALED OR MODIFIED
ACCORDINGLY.

ID. Section 4 was renumbered as Section 8 and

amended as follows:

a.

on line 10, the title

CLAUSE was added.

EEFECTIVITY

541

TUESDAY, NOVEMBER to, 20t S

FURTIIER AMENDMENT
OF SENATOR OSMENA
AS MODIFIED ny TilE CIIAIR
Senator Os men a proposed that on line II, the
phrase "the Official Ga:elle or in two (2) national
newspapers" be deleted and replaced with the
following: TillS ACT SIIALL TAKE EFFECT
FIFTEEN (IS) DAYS AFTER ITS PUDLICATION
IN A NEWSPAPER OF GENERAL CIRCULATION
IN TilE PIIILlPPINES.
SUSPENSION OF SESSION
With the permission of the Dody, the Chair
suspended the session.

SUSPENSION OF CONSIIlERATION
OF 1I0USE llILL NO, 2360
Upon motion of Senator Angara, there being no
objection, the Dody suspended consideration of the bill.
COMMITTEE REPORT NO. 264
ON SENATE IlILL NO, 2968
(Colltillllal iOIl)
Upon motion of Senator Angara, there being no
objection, the Dody resumed consideration, on Second
Reading, of Senate Dill No. 2968 (Committee Report
No. 264), entitled
AN ACT MODERNIZING TIlE CUSTOMS
AND TARIFF ADMINISTRATION.

II was 4:42 p.lII.

RESUMPTION OF SESSION
At 4:42 p.m., the session was resumed.
As proposed by the Chair and accepted by
Senator Osmena, there being no objection, the Dody
approved the rewording of the Effectivity Clause, as
follows: TillS ACT SIIALL TAKE EFFECT
FIFTEEN (15) DAYS AFTER ITS PUDLICATION
IN TWO (2) NEWSPAPERS OF GENERAL
CIRCULATION IN TIlE PIllLlPPINES.

Senator Angara stated that the parliamentary

status was the period of interpellations.
TI,ereupon, the Chair recognized Senator Angara,
sponsor of the measure.
TERMINATION OF TilE PERIOD
OF INTERPELLATIONS
There being no reservation to interpellate, upon
motion of Senator Angara, there being no objection,
the Dody closed the period of interpellations.

TERMINATION OF TilE PERIOD

OF COMMITTEE AMENDMENTS

SUSPENSION OF CONSIIlERATION
OF SENATE llILL NO, 2968

There being no other committee amendment,

upon motion of Senator Angara, there being no
objection, the Dody closed the period of committee
amendments.

Upon motion of Senator Angara, there being no

objection, the Dody suspended consideration of the bill.

TERMINATION OF TilE PERIOD

OF INDIVIDUAL AMENDMENTS
There being no individual amendment, upon
motion of Senator Angara, there being no objection, the Dody closed the period of individual
amendments.
APPROVAL OF HOUSE llILL NO, 2360
ON SECOND READING
Submitted to a vote, there being no objection,
House Dill No. 2360 was approved on Second
Reading.

ADJOURNMENT OF SESSION
Upon motion of Senator Angara, there being no
objection, the Chair declarcd the session adjourned
until three o'clock in the afternoon of the following day.
II was 4:44 p.m.

I hereby certify to the correctness of the

foregoing.

~!l~s

'yale /
f'r h

Secrelary of Ihe

~\

Approved on November 11,2015