No. 22 September 21, 2011

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REPUBLIC OF THE PHILIPPINESSena" t e

Pasay City

JournalSESSION NO. 22

Wednesday, September 21,2011

FIFTEENTH CONGRESSSECOND REGULAR SESSION

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SESSION NO. 22Wednesday, September21, 2011

CALL TO ORDERAt 3:29 p.m., tbe Senate President, Hon. Juan

Ponce EI1I'ile, called the session to order.PRAYER

Sen. Joker P. Arroyo read the following devotionalprayers, to wit:

Lord, give us wisdom to discernWhen what is false must be revealedOr if we need Your grace and strengthTo close our lips and keep them sealed.

- D, De Haan

Help us, Lord, to work togetherWith the gifts that You bestow:Give us unity o f purposeA . ' we serve You here helow.

- SperAmen,

ROLL CALLUpon direction of the Chair, the Secretary of the

Senate, Atty. Emma Lirio-Reyes, called the roll, towhich the following senators responded:

Angara, E. J.Arroyo, J. P.Cayetano, P. S.Defensor Santiago, M.Drilon, F. M.Ejercito Estrada, J.Enrile, J. P.Guingona lll, T. L.Honasan, G. B.Lacson, P. M.

Legarda, L.Marcos Jr., F. R.Pangilinan, F. N.Pimentel lll, A. L.Recto, R. G.Revilla Jr., R. B.Sotto lll, V. C,Trillanes IV, A. F.Villar, M.

With 19 senators present, the Chair declaredthe presence of a quorum.Senators Cayetano (Al, Escudero, Lapid andOsmefia arrived after the roll call.

DEFERMENT OF THE APPROVALOF THE JOURNALUpon motion of Senator Sotto, there being no

objection, the Body deferred the consideration andapproval ofthe Journal of Session No. 21 (September20,2011) to a later hour.ACKNOWLEDGMENTOF THE PRESENCE OF GUESTS

At this juncture, Senator Satta acknowledged thepresence in the gallery of the following guests:Jtf

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WEDNESD/\Y. SEPTEMBER 2 L 20 II

By leasing its bandwidth to Innove, Altimaxhas arrogated unto itself the very authorityvested in the Congress of the Philippines.Binastos pa ng Altimax ang buang proseso.Binastos po tayong lahat ng Altimax. Tayonglahat at ang bawot Pilipino.By entering into an illegal arrangement withAltimax, Innove has circumvented the procedure

establ ished by the NTC for the appl ication andgrant of additional radio frequencies. Furthermore, Innove has been able to use the Altimaxfrequencies even if such frequencies weresupposedly granted (0 provide MMDS serviceonly - and that excludes WIMAX service.

What is worse is that Altimax. which hasclearly failed to perform its franchise obligations,has been allowed to derive substantial revenuessolely from the illegal lease of its allocatedbandwidth to Innove.

It is apparent that rrom the beginning, Altimaxnever intended to carry out the purportedservices for which its franchise was granted byCongress. But Altimax goes about its businessto this day for purposes that are clearly contraryto law. Wola na pong ibang pinagkakitaan angAltimax maliban sa panlolokong ito.

This is nothing but an absolute affrontto this august Body, to Congress and to theconsuming pUblic. Deep in your heart of hearts,each of us present here today must find itdifficult to disagree.

Given these simple facts, the followingglaring questions are now before us:L How can we overlook the terms of the

franchise of Altimax as public utility andignore the ipso facto revocation thereof afterhaving spent the last decade doing nothingbut engaging in illegal transactions for purelyprivate gain?

2. How can we overlook the terms of the rranchise of Altimax and consider as valid itsMOA with Innove, thereby countenancingthese illegal transactions worth over PI60million?

3. How can we overlook the fact that Altimax,a company which never even started to rollout its own operations, has already earnedmillions of pesos by essentially sublettingthe privi leges granted through its franchiseto Innove?All of these happened and continue to

subsist right under our very noses.It behooves LIS, therefore, to look at thefundamental law of the land for guidance as to

how to proceed in the face of this controversialand anomalous condition.

Article XII, Section II of the 1987Constitution states that franchises are grantedunder the condition that it shall be subject toamendment, alteration or repeal by the Congresswhen the common good so requires. No lessthan that constitutional mandate to protect thecommon good requires us today to carefullyreview and examine the franchise of Altimaxand its compliance, or shall I say noncompliancewith its terms. We not only have the power to doso; we are, in fact, compelled by our positiveduty as Members of this august Chamber.

Allow me to further direct your attention toSection 22 of the same Article XII of the 1987Constitution, which states that, "Acts whichcircumvent or negate any of the provisions ofthis Article shall be considered inimical to thenational interest and subject to criminal and civilactions, as may be provided by law."

The fundamental law of our land and ourduty as legislators call on us to act accordinglytoday to correct this anomaly, lest we form partof the problem. We are all witness to an outrightmockery of the laws which granted thefranchises of Altimax and Innove. Must we allstand here blind before these facts that havebeen undeniably brought before us? Are we, thevery representatives to whom our people lookfor guidance, to be held complicit by omission asthese corporations arrogantly trample upon theclear letter of the law?

The franchise of Altimax itself states thatthe radio spectrum is a finite resource that is apart of the national patrimony and the usethereof is a privilege conferred upon the granteeby the State and may be withdrawn anytime,after due process. It is time for us now aslegislators to go beyond the formulation ofpolicy and delve into the proper implementationof the law according to the powers and dutiesexpressly vested in us by the Constitution.

The violations that I have asked you toexamine with me here today are so crystal clearand unequivocal that there is no room for anyinterpretation other than the fact that Altimaxhas no valid congressional franchise and, assuch, should not have been granted provisionalauthorities by the National TelecommunicationsCommission, and all those who are responsiblefor such blatant circumvention of the lawsshould be immediately held accountable.

The National Telecommunications Commission must immediately act to recall the radio

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frequencies illegally held by Altimax and toimmediately stop the illegal leasing of Altimax'sallocated radio frequencies to Innove. This theNational Telecommunications Commissionshould do unless we allow it to continue to bea party to these irregularities.

May I end by humbly proposing that thismatter be referred to the proper committee forpurposes not only of investigating, in aid oflegislation, but more importantly, in the exerciseof our oversight functions and our duty to seeto it that the laws we pass are implementedfaithfully and that any violation thereof are dealtwith in accordance with the laws of the land.INTERPELLATION OF SENATOR SOTTO

At the outset, Senator Satta congratulatedSenator Ejercito Estrada for calling the Chamber'sattention to the issue. He then asked on the detai Isof the franchise of Altimax Broadcasting. In reply,Senator Ejercito Estrada adverted to the title ofRepublic Act No. 8607, to wit: "AN ACT GRANTING THE ALTIMAX BROADCASTING COMPANYINCORPORATED A FRANCHISE TO CONSTRUCT, INSTALL, ESTABLISH, OPERATE ANDMAINTAIN RADIO AND TELEVISION BROADCASTING STATIONS IN THE PHILIPPINES."He revealed, however, that since March 1998 whenits franchise was approved by Congress, Altimaxwas not able to meet the condition imposed by thelaw to start operations within one year after thegrant of franchise, and having failed to comply, itsfranchise therefore is considered revoked ipso Jacto.Senator Satta said that he was glad that he was notyet then the Chair of the Committee on PublicServices that was tasked to take up and considerapplications for franchises, as he assumed the postonly in July 1998. Senator Ejercito Estrada saidthat he was also glad that his father was not thePresident at that time.

Replying to flllther queries, Senator EjercitoEstrada aftirmed that in spite of the fact that Altimaxnever started operations, the National Telecommunications Commission (NTC) proceeded to issueprovisional authorities which were, in fact, extendedfor three years up to June 29, 2005.

Senator Sotto stated that he was particularlyinterested in the role of Innove which used to be hisinternet service provider and to which he issuedmonthly checks. Senator Ejercito Estrada revealed

WEDNESDAY. SEPTEMBER 21. 2011

that the Memorandum of Agreement between Altimaxand I,lnove was signed in 2009, generating for Altimaxan income of P70 million to P90 million for twoyears, from 2009 to 20 IO.

Upon Senator Sotto's request, Senator EjercitoEstrada gave assurance that he would secure a copyfrom NTC of the MOA between Altimax and Innoveand a copy of the latter's own franchise. At thispoint, Senator Sotto proposed that Senator EjercitoEstrada's speech be referred to the Committee onPublic Services.

Senator Ejercito Estrada explained that the mainissue at hand was the illegal leasing of the radiofrequencies to In nove by Altimax whose franchiseis considered revoked ipso Jacto or by the mere factthat it has already lost its legislative franchise fornon-operation.

Asked on the identity of the owners of bothInnove and Altimax, Senator Ejercito Estrada saidthat he only has a copy of the stockholders'information on Altimax. Senator Sotto recalled thatwhen he used to be a subscriber of Innove, he knewit to be a company attached to Globe Communications.Senator Ejercito Estrada said that, indeed, it wascommon knowledge that Innove was owned byGlobe. Senator Sotto presumed that Innove is aninternet provider while Altimax is a radio and televisionbroadcasting company.INQUIRY OF THE CHAIR

Replying to the queries of the Chair, SenatorEjercito Estrada said that the stockholders of Altimaxwere as follows: Bethlehem Holdings; Velarde, Inc.;Maria Cecilia Cruzabra; Joaquin Teng, Jr.; MariaLoreto Santos; Jesus Manalastas; and Dennis Abaoil.He further disclosed that Bethlehem Holdings, whichpartly owns Altimax, is owned by Globe, and thatAltimax never operated on its own but instead leasedits frequencies to Innove.

The Chair remarked that the case at hand wasvery interesting. Senator Ejercito Estrada agreed, ashe expressed hope that the Committee on PublicServices could immediately conduct a public hearingon the issue.INTERPELLATION OF SENATOR OSMENA

Asked by Senator Os men a whether Altimax is

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already owned by Innove, Senator Ejercito Estradareplied in the negative. He reiterated that theissue at hand is Altimax's noncompliance with anyof the conditions of its f r a n c h i s e ~ f i r s t l y , that itshould commence operations within one year fromthe approval of its permit by NTC; secondly, thatit should operate continuously for two years; andthirdly, that it should commence operations withinthree years from the effectivity of its f r a n c h i s e ~ should have rendered its legislative franchise revokedipso facto.

On whether he was saying that the NTCconveniently overlooked the conditions imposed inthe legislative franchise of Allimax, Senator EjercitoEstrada pointed out that NTC did not only overlookthe conditions that were handed down in the franchisebut it even extended Altimax's provisional authoritiesup to three years. He said that by virtue of itsfranchise, Altimax is supposed to construct, install,establish, operate and maintain radio and televisionstations in the Philippines and, for the purposes ofcarrying out its service, it was originally assignedfrequencies in the 2596-2644 band, although this wasreplaced with the frequencies 2597-2627 by virtue ofthe NTC order dated June 23, 2009.

Asked when the MOA was signed, SenatorEjercito Estrada replied that the MOA was signedon October I, 200 I, and the arrangement allowsIn nove co-use of specific frequencies of Altimax'stransmission and broadcast equipment for therolling out of broadband wireless access to Innove'ssubscribers.

Asked whether it would be illegal for Innove tobuy Altimax should it so desire, Senator EjercitoEstrada stated that nobody could stop Innove frombuying the company, but he maintained that Altimaxdid not comply with any of the conditions of itsfranchise.

Asked if the NTC extended the franchisenotwithstanding the violations of the conditions of thefranchise, Senator Ejercito Estrada said that Altimaxhad already signed a new lease before the NTCextended the provisional authorities.

On whether it is legal for a franchise holder tolease its facilities or its assets to another franchisee,Senator Ejercito Estrada adverted to Section 12 ofRA 8607 which granted the franchise to Altimax,to wit:

Section 12. Sale, Lease. Transfer, Usufruct,Etc. - The grantee shall not lease, transfer,grant the usufruct of, sell nor assign thisfranchise or the rights and privileges acquiredthereunder to any person 1 firm, company,corporation or other commercial or legal entity,nor merge with any other corporation or entity,nor shall the controlling interest of the granteebe transferred, whether as a whole or in partsand whether simultaneously or contempora-neously, to any such person, firm, company,corporation or entity without the prior approvalof the Congress of the Philippines: Provided,that the foregoing limitation shall not apply to:(I ) Any transfer or issuance of shares of stock

in the implementation of requirement for thedispersal of the grantee's ownershippursuant to Section 13 of this Act;(2) Any transfer or sale of shares of stock to aninvestor or investors;(3) Any issuance of shares of stock to any local

investor pursuant to or in connection withany increase in the grantee's authorizedcapital stock which shall result in the dilutionof the stockholdings of the grantee's thenexisting stockholders;

(4) Any combination thereof where suchtransfer, sale or issuance is effected in orderto enable the grantee to raise the necessarycapital or financing for the provision of anyof the services authorized by this Act and!or carry out any of the purposes for whichthe grantee has been incorporated ororganized: Provided, further, that any suchtransfer, sale or issuance is in accordancewith any applicable constitutional limitation.Any person or entity to which this franchiseis sold, transferred or assigned shall besubject to all the same conditions, terms,restrictions and limitations of this Act.

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He believed that transferring ownership controlof the company is not allowed without the priorapproval of Congress.

But Senator Osmena recalled that subsequentfranchises granted by Congress included an ipsofacto clause which provides that in the event asubsequent franchise was issued with a moreadvantageous set of conditions, for instance, theright to transfer shares, the same would automaticallyapply to other existing franchises, including thefranchise of Altimax. Senator Ejercito Estrada repliedthat he was not familiar with the other franchisesthat were issued by Congress after 1998.

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Senator Osmefia suggested that the Altimaxissue be studied and he requested an inventory ofall franchises that were granted by Congress todetermine which were still in effect. Senator EjercitoEstrada suggested that the chair of the Committeeprovide the Senate a I st of franchises granted byCongress since 1998 that could be cross-checkedwith the record of the NTC.

At this point, Senator Drilon expressed hisintention to interpellate on the speech.SUSPENSION OF SESSION

Upon motion of Senator Satta, the session wassuspended.

II was 4:17 p.m.RESUMPTION OF SESSION

At 4: 18 p.m., the session was resumed.SUSPENSION OF THE INTERPELLATIONSON THE PRIVILEGE SPEECH

Upon motion of Senator Sotto, there being noobjection, the Body suspended the interpellations onthe privilege speech of Senator Ejercito Estrada.DEFERMENTOF THE REFERENCE OF BUSINESS

Upon motion of Senator Sotto, there being noobjection, the Body deferred the Reference ofBusiness to a later hour.SPECIAL ORDER

Upon motion of Senator Sotto, there being noobjection, the Body approved the transfer ofCommittee Report No. 56 on Senate Bill No. 2965from the Calendar for Ordinary Business to theCalendar for Special Orders.COMMITTEE REPORT NO. 56ON SENATE BILL NO. 2965

Upon motion of Senator Sotto, there being noobjection, the Body considered, on Second Reading,Senate Bill No. 2965 (Committee Report No. 56),entitled:

WEDNESDAY, SEPTEMBER 21, 2011

AN ACT PROTECTING INDIVIDUALPERSONAL INFORMA TlON INlNFORMA TION AND COMMUNICATIONS SYSTEMS IN THE GOVERNMENT AND THE PRIVATE SECTOR,CREATING FOR THIS PURPOSE ANATIONAL DATA PROTECTIONCOMMISSION, AND FOR OTHERPURPOSES.

Pursuant to Section 67, Rule XXIII of the Rulesof the Senate, with the permission of the Body, uponmotion of Senator Sotto, only the title of the bill wasread without prejudice to the inseltion of its full textinto the Record of the Senate.

Thereupon, the Chair recognized Senator Angarafor the sponsorship.MANIFESTATION OF SENATOR SOTTO

Senator Sotto stated that present in the hall wereguests of Senator Angara from the Data PrivacyGroup, Mr. Martin Crisostomo, executive director ofthe Business Process Association of the Philippines,and Ms. Angelica Peterson, executive director of theAustralia-New Zealand Chamber of Commerce.SPONSORSHIP SPEECHOF SENATOR ANGARA

Senator Angara said that he was pleased andhonored to present to the Body Senate Bill No. 2965,a measure that wou Id protect the confidential ity andsecrecy of data as well as their transmission in thePhilippines.

Following is the full text of his speech:UPHOLDING DATA PRIVACY

Electronic devices, transactions andprocesses characterize the information age inwhich we live.

OUf personal information, pension contribu-tions, bank accounts, credit card transactionsand medical history are now digitally encodedand can be accessed at a click of a mouse or apush of a button. This liberates us from red tapebut also exposes our confidential information tonew dangers, especially to theft and misuse.

Advances in infonnation and communicationstechnology (ICT) enable businesses and governments to process, analyze, store and transmit

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large amounts of data. This is empower-ing forservices delivery but is also fraught with risk.In this digital era, information is the currency

of power - - valuable, coveted, but at a very highrisk.Risks

In the United States, the Verizon RISKTeam, well-known telco in America, togetherwith the U.S. Secret Service and the Dutch HighTech Crime Unit, investigated 761 breaches andexamined 3.8 million data records compromisedas a consequence in 2010.

Ninety-six percent of records compromisedwere payment card data (Point of Sale, gaspumps, ATMs etc.). Authentication data, suchas usemames and passwords, accounted for threepercent and personal information, one percent.Hacking and malware were the major culprits.

The Philippines was one of 22 countrieswhere data breach occurred in that year,

The good news is that the successfulidentification, prosecution, and incarceration ofperpetrators have helped reduce the magnitudeof breaches. From 360.8 million records compromised in 2008, this went down to 143.6 millionin 2009, and 3.8 million in 2010, but that is still ahuge volume.

Nevertheless, data breaches are very costly.Such incidents cost U.S. companies US$204 percompromised customer record in 2009, or anaverage total per-incident cost ofUS$6.75 million.PrivlIcy vs Security

IBM made an important distinction betweenprivacy and security. Security is centered oninfrastructure that allows or prohibits access todata based on authorization through passwordsand encryption. On the other hand, privacycontrols ensure that authenticated users do havelegitimate reason to access specific infonnation.

To illustrate, IBM cited two recent cases.The first involved doctors and nurses at UCLAMedical Center who were caught lookingthrough the medical records of pop star BritneySpears. The other incident involved U.S. StateDepartment contractors who scanned thepassport records of presidential candidates,including that of President Barack Obama.

These incidents were not about hackingbecause these people had the appropriate accessrequirements. However, they did not need toknow such information, and they only succeededin accessing them out of pure curiosity.

This demonstrates the complicated nature ofhandling sensitive personal data. We need alegislative framework aligned with internationalstandards to safeguard information stored in theICT systems of both the government and theprivate sector.Creating a con({ucive business enviromenf

None other than the Information Technologyand Business Process Outsourcing (IT-BPO)industry has been clamoring for such a framework.This sunshine industry, IT-BPO, has grownexponentially, posting almost a threefold growth

in revenues over the last five years - fromUS$3.3. billion in 2006 to US$9 billion in 2010.This was accompanied by massive job generation of236,000 in 2006 to 525,000 last year.

The Business Processing Association of thePhilippines (BPAP), the umbrella organization ofour IT-BPO companies, believes that the countrycan earn as much US$25 billion in revenues, orabout 8.6 percent of gross domestic product, aswell as create 4.5 million direct and indirect jobs,if the government can foster a conducivebusiness environment.

The Philippines has received much interestas a global hub for outsourced services. Intwo separate occasions, we topped India-theindustry pioneer-as the contact center of theworld.

Since 2003, the Philippines has consistentlyranked in the Top 10 of the A.T. Kearney GlobalServices Location Index (GSLI) on the strengthof our financial attractiveness.

However, we have slipped down the rankings from No.4 in 2005 to NO.9 in 2011. In termsof business environment, we were at 42 nd placeout of 50 countries.

The government offers a host of fiscalincentives, such as tax hoi idays and other taxand duty exemptions, but that is not all thatmatters. The industry also needs an environmentthat encourages business and at the same timeprotects it.

Take the case of the IT-BPO industry. Itdeals with confidential information protected byprivacy laws in clients' home countries. Hence,locators also prefer destinations where thesecurity and privacy of their data and intellectualproperty are upheld.Delicate balallce

However, we are cautious not to craft dataprivacy laws that overreach the original intention, r

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of providing a safe and stable environment forbusinesses. We must look into the experiencesof our BPO competitors such as India, and avoidreplicating their mistakes in crafting overlystringent privacy regulations.

Earlier this year, the Chinese governmentreleased draft privacy regulations proposingthat:

companies holding personal data such as IToutsourcing finns must tirst receive explicitconsent to divulge data to third parties; andpersonal data cannot be shared unlessspecifically allowed by law or governmentauthorities.Some business leaders expressed concerns

that such regulations would hamper the growthof China's IT-BPO industry given that theseregulations were stricter than their Westerncounterparts.

In India, new rules in their InformationTechnology Act initially caused uproar in theBPO industry. Observers initially interpreted thatthe new regulations would require firms to firstobtain written consent through letter, fax or mailbefore collecting any personal data. This woulddiscourage data-handling and push locators torecall jobs they have outsourced to India.Adherellce 10 global stallllartls

Ou r proposal will keep our informationsystems safe without unnecessarily restrictingour IT-BPO industry and other ICT-drivensectors. This is why we have chosen to followthe Asia-Pacific Economic Cooperation (APEC)Privacy Framework over other private regulationsas it provides ample flexibility in implementation.

The proposed Data Privacy Act upholds thefollowing APEC information privacy principles:

Preventing Harm;Notice;Collection Limitation;

Uses of Personal Information;Choice;

Integrity of Personal Information;Security Safeguards;Access and Correction; andAccountabi I ty.

On top of this, the measure will also adopta Safe Harbor clause to ensure that we complywith the data processing procedures that mightarise in countries with stricter privacy laws.

WEDNESDAY, SEPTEMBER 21. 2011

Tlte Natiollal Privacy CommissiollIt is up to us to make the Philippines as

dynamic as the times require.The proposed Data Privacy Act will form the

National Privacy Commission to oversee, monitorand enforce standards for data protection andprivacy regulation, especially to keep the IT-BPOindustry, our foremost jo b generator today,globally competitive.

The Commission will have the power toissue cease and desist orders and imposetemporary or permanent bans whenever theprocessing of personal information is founddetrimental to national security or publ ic safety.The Commission may also recommend to theDepartment of Justice whom to prosecute andpenalize in cases of breaches.

The National Privacy Commission will alsowork with other agencies, as well as the privatesector, in securing data handled by government.Th e passage of this law will not only create abusiness environment attractive to outsourcingclients but also enhance the way we in government conduct our business. At the same time, wewill impose substantial punitive measuresagainst offenders, ranging from jail time of up toseven years and fines up to P4 million.Conclusion

In conclusion, let me say that transitioningtowards an ICT-based economy demands thatwe legislate the very policy that will boost ourinformation security systems and processes.

The Data Privacy Act will enable ou r ITBPO industry to maximize its potential which ispresently hindered by several constraints,including our lack of privacy controls.

Coupled with the other ICT laws we arepushing for in this august Chamber theCybercrime Prevention Act and the measurecreating the Department of Information andCommunications Technology the DataPrivacy Act will form a triad of laws that willsend a very strong signal that the Philippinesis a serious player in the global knowledgebased economy. And it is high time we trulybecame one.

SUSPENSION OF CONSIDERATIONOF SENATE BILL NO. 2965

Upon motion of Senator Sotto, there being noobjection, the Body suspended consideration ofth e bill.

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WEDNESDAY. SEPTEMBER21. 2011

BIRTHOAY GREETINGSAt this juncture, Senator Satta extended birthday

greetings to Senator Angara, who will be celebratinghis birthday on Friday, September 23, 2011, andSenator Revilla, who will be celebrating his on Sunday,September 25, 20 II .MANIFESTATION OF SENATOR SOTTO

Senator Sotto manifested that Senator Drilonwould no longer interpellate Senator Ejercito Estradaon h s speech.REFERRAL OF SPEECHTO COMMITTEE

Thereupon, upon motion of Senator Sotto, therebeing no objection, the Chair referred the privilegespeech of Senate President Pro Tempore EjercitoEstrada and the interpellations thereon to theCommittee on Public Services.COMMITTEE REPORT NO. 49ON SENATE BILL NO. 2865

(Continua/ion)Upon motion of Senator Satta, there being no

objection, the Body resumed consideration, on SecondReading, of Senate Bill No. 2865 (Committee ReportNo. 49), entitled

AN ACT PROVIDING FOR A NATIONALPOLICY ON REPRODUCTIVEHEALTH AND POPULATION ANDDEVELOPMENT.

Senator Sotto said that the parI iamentary statuswas still the period of interpellations.SUSPENSION OF SESSION

Upon motion of Senator Sotto, the session wassuspended.

1/ was 4:38 p.m.RESUMPTION OF SESSION

At 4:46 p.m., the session was resumed.Upon resumption, the Chair recognized SenatorsCayetano (P) and Defensor Santiago, cosponsors

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of the measure, and Senator Osmefia for hisinterpellation.INTERPELLATION OF SENATOR OSMENA

Asked by Senator Osmefia why there wasno definition of the term "conception" in the billwhen the Constitution specifically mentions it,Senator Cayetano (P) recalled that the framers ofthe Constitution had a ~ e n g t h y debate on the properdefinition of the term and it was her personal viewthat it should not be defined in the bill to avoidconfusion. Besides, she said, she would defer to theConstitutional Commission that put the definition inthe record, as intended.

But Senator Osmefia pointed out that there areconcepts or thrusts in the Constitution that requirelegislative action to operationalize or implement them,and defining "conception" is one of them. In thisregard, he asked if Senator Cayetano (P) wouldconsider, at the proper time, an amendment definingthe word "conception," as referring to the period offertilization, meaning, there is no need to wait for thezygote to be implanted in the uterus to consider theexistence of human life.

In response, Senator Cayetano (P) quoted thefollowing excerpts from the Record of theConstitutional Commission containing the discussionon the issue of whether a fertilized ovum is alreadyelevated to the category of a person as to enjoyconstitutional right:

Commissioller Bemus: My own thinking wouldbe that it is not a person yet. That is my ownthinking. So perhaps this whole sentence mustbe modified to express it in such a way that it isnot an assertion that this begins to become aperson from the very first moment of ninemonths before birth.Commissioner Bacani (reacting to a reportby Fr. Robert Henly): From the moment of

conception, a new biological entity exists.Commi,u'ioner Rigos: But our religious author-ities sharply differ in their opinion as to whenhuman life can definitely be regarded to havecommenced.Commissioller Aquillo: The unfertilized egg haslife and if fertilized takes on human proportions.I am willing to concede to that but the law andour Constitution should deal with reality, notobscurity, the known rather than the unknown.We should deal with facts rather than

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conjectures. It may be true that when the spermshakes hand with the egg it may eventually livebut it may also die. The Constitution should notdeal with speculation. The phenomenon called"life" takes time to develop. In other words, afetus represents nothing more than a potentialityfor life. Conception is a process over time. It isnot an event by itself. We do not have to resolvethe question of when life begins now, when eventhose who are trained in their respective fields ofmedicine, philosophy or theology are unable toarrive at a consensus.Moreover, Senator Cayetano (P) read Commis

sioner Aquino's response to the question of Commissioner Nolledo on whether a fertilized ovum has life,to wit:

Commissioner AquillO: That belongs to the fieldof medicine xxx as the Commissioner will note,even the Commission cannot settle the questionof whether a fertilized egg has the right to life ornot. Those experts in the fields of medicine andtheology cannot settle this question. It is badenough for us to preempt this controversialissue by constitutionalizing the ovum. It wouldbe doubly tragic for us to provide ambiguitieswhich may even disturb certain jurisprudence.Senator Cayetano (P ) also cited statements from

experts in th e international community on th e matter,to wit:

From a professor, Division of Anatomy andFaculty of Surgery, University of Toronto:Human development begins after the union ofmale and female gametes during a processknown as fertilization;

From the American College of Obstetriciansand Gynecologists and the U.S. Department ofHealth and Human Services: Pregnancy beginswhen a pre-embryo co mpletes implantation intothe lining of the uterus; andFrom the U.S. FDA definition (also used byBritish Medical Association, American MedicalAssociation and U.S. National Institute ofHealth and American College of Obstetrics an dGynecology: Pregnancy encompasses the periodof time from confirm-ation of implantation untilexpulsion 01' extraction of the fetus.

Senator Cayetano (P) also quoted ConclusionsI, 2 and 3 of the Medical Expelts' Declaration on


Action of Contraceptives signed by 24 medical expertsin the Philippines including Health Secretary Ona,former Health Secretaries Cabral an d Romualdez,to wit:

On Monday 8, August 2011, 21 experts fromdiverse scientific fields including biochemistry,physiology, pharmacology, obstetrics and gynecology, reproductive endocrinology and fel1ility,internal medicine, demography and public healthgathered to examine raging questions on pregnancy and contraception applying scientific andevidence-based analysis. These are our conclusions:1. Conception is not an exact scientific term.

For some, it means implantation. For others,it is an event that occurs at sometime afterfertilization. No one at the meeting equatesconception with fertil ization.

2. Fertilization encompasses the process ofpenetration of the egg cell by the spenn celland the combination of their genetic materialto form the fertilized egg or the zygote. Theprocess is estimated to take about 24 hours.At present, there is no accepted laboratoryor clinical method of determining if andexactly when natural fertilization has takenplace. But we accept that it has occurredafter a pregnancy has been detected. Naturallaws occur all the time. Thirty-three percentto 50% of all fertilized eggs never implantwithout the woman doing or taking anything.

3. All contraceptives including hormonalcontraceptives and IUDs have beendemonstrated by laboratory and clinicalstudies to act primarily prior to fertilization.Honnonal contraceptives prevent ovulationand makes cervical mucus impenetrable tosperm. Medicated IUDs act like hormonalcontraceptives. Copper IUDs incapacitatesperm and prevent fertilization.

Senator Cayetano (P) explained that she opted notto include a definition ofthe beginning oflife in th e billfo r many reasons because she did not feel competentto answer the question; scientists in the internationalcommunity had conflicting views on th e issue; andeven local medical experts admit that there are varyingdefinitions. However, she said that she was willing tostudy and clarify th e concerns of Senator Osmenaover th e definition as it may relate to abortion.

For his part, Senator Osmena agreed with thedefinition in th e Black's Law Dictionary of conception as "the fecundation of the female ovum by themale's spermatozoa resulting in human life capable

"I'"

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of survival and maturation under normal conditions"or the union of the sperm and the egg. He underscored the importance of pinpointing in the proposedAct where life might begin and whether the use ofcertain chemicals can destroy it. Saying that he wasnot against the lise of condoms and birth control pillsthat are proven not to destroy life being formed in theovum, he said that he would, however, object to approving the use of any chemical that can destroy the unionof the sperm and the egg because that is tantamountto destroying life. He said that he wanted a cleardeflllition to pinpoint the moment when it would bewrong to interfere with the process of pro-creation.REMARKSOF SENATE PRESIDENT ENRILE

At this juncture, Senate President Enrile stressedthat the question that needed to be settled is whenlife actually begins since -the Constitution itselfprotects the life of the unborn from conception. Hebelieved that it is also important to know whether thesperm or the ovum by itself is alive. He pointed outthat the sperm of a man can only fertilize the egg ofa woman, which is created specifically for it so thatlife can be created from the fusion of these twoelements. I-Ie said that the doctors he had consultedagreed that by themselves alone, the sperm and theegg are living organisms as evidenced by their mobilityand ability to develop. He stated that Darwinism,in fact, applies this in the case of the sperm sinceonly the fittest one is able to survive. He said thatonly one of the 60 million gametes present in a cubiccentimeter of semen is needed to fertilize the ovum.Moreover, he stated that once these two elementsare fused into one, transformation and growth begins;and the fertilized egg would not be able to attachitself to the uterus unless it has life at that point.

Senator Cayetano (P) asked if it was SenatePresident Enrile's position that the egg of the womanand the sperm of the man, on their own, have life andtherefore must be protected. Senate President Enrilebelieved that procreation starts when the man andthe woman perform their assigned task in the divineprocess. He maintained that by themselves, thesperm and the egg have life, albeit one that is not yethuman as each one cannot produce a human beingwithout the other.

Senate President Em'ile stressed that, on theirown, the sperm cells and the egg cells have life - theovum survives 48 hours and the sperm, 72 hours.

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On whether it was his position that since thesperm of a man and the egg of a woman, oncejoined, can become a human life and there should beno interference therewith, Senate President Enrileanswered in the affirmative.

On whether it is interference when, during sexualintercourse, a man and a woman avail themselves ofthe withdrawal method or a man uses a condom toprevent the union of the sperm and the egg cells,Senate President Enrile answered in the affirmative,adding that it is the same when a man manipulateshimself alone only for pleasure. He stressed thatGod gave man the nature of sex for a purpose whichis to create life.

Senator Cayetano (P) acknowledged the viewsof Senate President Enrile but she reasoned that shewas brought up by her parents to be a responsibleperson, to have a job and be a good mother so she cansupport her family, thus, she availed of contraceptivesto have a certain number of children. She reiteratedthat the discussion on the RH bill was centered onmaking contraceptives and reproductive health facilitiesavailable to people with different views.

Senate President Enrile stated that he was notimposing his views on Senator Cayetano (P) in thesame way that he would not accept her view if hedisagreed with it. Further, he said that he was onlyexpressing a view on what he believed he had - anature that he himself did not create but was createdby someone else. He explained that if it is allowed tobe used as it was intended, then it proceedsprogressively to the creation of a human life.

Senator Cayetano (P) emphasized that the RHbill seeks to provide women, their spouses and theirfamilies all the options and information on reproductive health so that they can decide what is applicableand acceptable to them. None of the lawmakers, shestressed, should coerce the people or use their moralsuasion to decide for the people.

Senate President Enrile stated that legislatorscannot enforce their views on the people but themajority will define the policy that would be adoptedin the bill.REMARKS OF SENATOR RECTO

At this juncture, Senator Recto noted that one ofthree ideas being discussed on the floor is fertilization,'r

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the reason why Senate President Enrile, SenatorSotto and himself had filed a bill on the Right to Life.He stated that this bill would have an effect onSection 9 (Family Planning Supplies as EssentialMedicines), particularly on the type of contraceptivesthat would be considered legal. He proceeded toread the pertinent portion of Section 9, to wit:

SEC. 9. Family Planning Supplies as Essen-tial Medicines. - The National Drug Formularyshall include hormonal contraceptives,intrauterine devices, injectables and other safe,legal and effective family planning products andsupplies in accordance with Section 17 (d).On the suggestion that the bill lists the contra

ceptives to be used when life begins, be it duringfertilization or implantation, Senator Cayetano (P)welcomed the idea and gave assurance that at theproper time, the Committee would accept anamendment to the general enumeration of the allowedcontraceptives. She clarified that Section 17 refers tothe duty of the Food and Drug Administration to onlyallow safe and efficacious medicines, includingcontraceptives. She proposed that a proviso be addedto wit: "Provided, That the contraceptive action ofsuch products take place prior to feltilization," notingthat her resource persons have revealed that thecontraceptives available in the market take effectprior to teltilization.REMARKS OF SENATOR LACSON

At this juncture, Senator Lacson proposed torephrase the word "fertilization" to "prior to sexualact," recalling that he brought up the idea dUI'ing thefirst day of interpellation as he had serious reservationson the use of morning-after pill. He said that theAmerican Association of Obstetrics and Gynecologistsallowed the use of the morning-after pill after sexualintercourse, although the label is misleading becauseit actually works for up to 72 hours after sexualintercourse. He argued that if there is a possibility oflife after sexual intercourse, then contraceptives thatprevent pregnancy should not be allowed.

Senator Cayetano (P) pointed out that Americanshave more liberal views given that they allow abortion.She explained that the morning-after pills, Postinorbeing one of them, make the environment nonconducive to lessen the mobility of the sperm andthereby preventing it from meeting the egg. However,she revealed that once the sperm ferti I zes the egg,


Postinor can no longer expel or destroy the tertilizedegg and neither will it prevent implantation.

Senator Lacson argued that after sexualintercourse, nobody would know for sure if thesperm has not met the egg, so the possibility of lifeis always there. Senator Cayetano (P) countered thatnobody knows at what point the sperm and the eggcell meet either.

On whether Postinor is the same contraceptiveas Levonelle One Step or Levonelle 1500, SenatorCayetano (P) answered in the affirmative.

Asked if Levonelle can destroy the fertilized egg,Senator Cayetano (P) answered in the negative.But Senator Lacson asserted that according tomedical professionals, it can destroy the fertilizedegg. He stated that he would withdraw his supportfor the bill, even if he is one of its authors, if it willallow the use of Levonelle. He stressed that he doesnot want anybody or any contraceptive to interferebecause nobody knows if there is life after the sexualact. Senator Cayetano (P) believed that the topic isa non-issue because the morning-after pill is not aregistered contraceptive.

But Senator Lacson maintained that such pillscan take many names.MANIFESTATIONOF SENATOR DEEFENSOR SANTIAGO

At this juncture, Senator Defensor Santiagopointed out that the Records of the ConstitutionalConvention reflect the discussion on the issue of thesanctity of life that ended up with the constitutionalprovision that says: "The sanctity of life of themother and the unborn child should be protectedequally from conception." She said that the membersof he Constitutional Commission had a lively argumentabout the meaning of "conception" but it wasCommissioner Cirilo Rigos, a Protestant cleric, whosaid: "Let us leave that for Congress to determine."She said that this is what the Body was trying to do.

As regards conception, Senator Defensor Santiagosaid that the Constitution provides that the sanctity oflife, with its concomitant obligation for the state andall other persons to protect the same, should beginat the moment of conception. Thereafter, she readinto the record the following paper on conception,pregnancies and stages of human reproduction:, r

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W ~ D N E S D A y, SEPTEMBER 2 L 20 II

Conception is defined as the process bywhich a set of human cells becomes indulge withcharacteristics identified as human life, Theprecise moment when the set of cells may becalied human cannot be presently determinedscientifically, Nobody knows, Biologically, thismoment can only occur sometime after fertiliza-tion, Does that fertilized egg already have asoul? The scientific medical community doesnot, at this time, claim sufficient authority toanswer that question, and even legislators wouldnot be able to answer it either.Normally, sh e said, answers to these technical

questions will depend on the technical peopleor techn ical working staff. She stated that ifSenator Osmena felt that it would be helpful toinclude a definition of "conception" in the bill,the cosponsors would be open to it for as longas it is made clear that it is not a medical definitionbut a working definition 01' a definition for purposesof the bill only,

Pregnancy is defined as the period afterimplantation before childbirth occurs, Theoccurrence of pregnancy is detectable only afterthe implanted cells begin to produce thehormone, chorionic gonadotropin, which isabout two weeks after implantation,

When the egg and the sperm fertilize, it willattach to the uterine wall - that is calledimplantation, Because they are biologicallyactive, meaning to say. they have living ormetabolic active structures, both the ovum andthe sperm may be considered living human cellsbut are not individual human beings, They arenot endowed with human life,She stated that Senate President Enrile was

correct in saying that they are living human celis,except that they are not human beings yet

After fertilization, the resulting zygote hasthe potential for being endowed with human life,Thus, it is possible that human life begins at themoment when the chromosomes become capableof d vid ing,She stated that when the chromosomes start

dividing, the features of the fetus come out: its head,ears, shoulders, etc,

However, a complete set of chromosomesis only a necessary but not a sufficient condition to human life because many zygotes do notcomplete the process and are never implanted,

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She stated that the problem is that while theremight be zygote, many things might happen in itsjourney to find a place where it can safely rest

Many zygotes do not complete the processand are never implanted, Thus, even theorganism that results from fertilization may notnecessarily have been a human life to begin with,She pointed out that this is the reason why one

cannot call it human, becanse the ferti I zed eggsometimes does not reach the stage of implantationdue to many difficulties which terminate its journey,

Implantation is also a necessary but notsufficient condition for human life becauseeven after implantation, the process may beinterrupted by many natural factors includingphysical, metabolic or inherent defects such asthe formation of what doctors call the H-mole(hyatidiform mole).

Here are the stages of human reproduction:1. Pre-/erlilizali(}11

What we have here are living cells that arebiologically active:Sperm cells - they have biological processeslike oxygen consumption, metabolism ofsugars, motility, response to stimuli, but theirchromosomes are incomplete.Ovum - they have metabolism and otherbiological processes; they respond tochemical stimuli but their chromosomes arealso incomplete,Neither the sperm nor the ovum can mUltiply,and eventually die when no fertilizationoccurs.

2. FertilizaliollOnly one out of over 100 million sperm cells

deposited during intercourse may eventuallycontact and penetrate the ovum,

It takes about one day for penetration to becomplete and for the chromosomes to joinand form a single nucleus that can begin celldivision or multiplication.Once the chromosomes are complete, all 46,the cell has the potential to become a humanorganism now called a zygote, It is possibleto consider this as a conception or thebeginning of human life but there is noscientific consensus on this because in morethan 50% of cases, development does notcontinue and the fertilized egg is expelledand dies,

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3.

4.

Pre-implalltatiollZygote takes up to four days to reach uterinecavity and begin implantation.When implantation begins, zygote has about100 cells and is called a blastocyst and itretains a potential to become a humanorganism but may still not fully develop.A number of natural causes may still stopdevelopment at this stage (physical, chemicalor metabolic), and the product dies and it isexpelled.Implall/atiollPenetration of the uterine lining-some cellsbecome trophoblast which eventually formthe placenta, others dilferentiate to becomethe embryo.In some instances, none of the cells developinto the embryo and all the cells becometrophoblasts. This is the formation of ahyatidiform mole or H-mole for short, whichrequires manual evacuation by dilation andcurettage or D and C.Many biological scientists, but not all, believethat this is when human life begins-meaning, conception. Meaning to say, conceptionbegins at implantation. And most reproductive biologists, including obstetricians, gynaecologists, deline this to be the beginning ofpregnancy.

Senator Defensor Santiago pointed out thatfertilization does not always lead to an established"viable" pregnancy, as she cited current researchwhich suggests that fertilized embryos naturally failto implant some 30% to 60% of the time. Of thosethat do implant, she noted, about 25% suffer earlypregnancy loss by the 6th week from the lastmenstrual period, and an additional 7% miscarry orare stillborn. She stated that as a result, even withoutthe use of birth control, between 50% and 70%of zygotes never result in established pregnancies,much less, birth.

She clarified that she has no strong objection ifSenator Osmena insisted, for purposes of the billonly and not for medical science in general, thatthe term "contraception" be deli ned because it wasthe very motive of the members of the ConstitutionalCommission. She said that apparently, the framers ofthe Constitution did not want to argue about whenlife begins and left it to Congress to do it.

Senator Osmena observed that the issue haddebated quite thoroughly and asked that he be given

WEDNESDAY, SEPTEMBER 21, 2011

time to prepare his amendments. He gave assurancethat he would welcome inputs from the cosponsors.INTERPELLATION OF SENATOR PIMENTEL

Preliminarily, Senator Pimentel stated that hecould not let go the point raised by Senator Lacsonabout a cut-off time when there should be no moreinterference in the sexual act. However, he averredthat there may be a device which is placed beforethe sexual act but the effect is felt thereafter. Oneparticular device, he said, is the IUD (intra-uterinedevice) and also an injectable, as mentioned bySenator Recto, that have the same mechanism: beforethe sexual act, the IUD is already in place inside theuterus and the injectable is applied, but their effect isafter the sexual act. Supposedly, he said, both devicesirritate the uterine wall to prevent the implantation ofthe fertilized egg.

In reply, Senator Cayetano (P) described theIUD as a small, T-shaped contraceptive device aboutone and one-fourth inches wide by one and threeeighth inches long, made of flexible plastic andwrapped in copper; it is hormone-free so it does notalter the natural menstrual cycle, instead, it changesthe physical environment of the reproductive track byreleasing a tiny amount of copper which prevents thesperm from meeting the egg.

As regards the injectable Depo Provera, SenatorCayetano (P) explained that it is an injectable formof progesterone, one of the same synthetic hormonesfound in the pill; women receive the shot every threemonths as this is the method which will provideoptimal pregnancy protection for that period of time.Like the pill, she said that the injectable inhibitsovulation and makes the cervical mucus thick andscanty, thus preventing the sperm from reachingthe egg.

Thereafter, Senator Pimentel manifested thathe would bring up the matter again when his turnto interpellate comes. He said that he has to consulthis own set of experts on how the IUD works sincehe was told that it prevents the implantation of afertilized egg.

Senator Cayetano (P) remarked that in earlierinterpellations, she had already described how an IUDworks. She disclosed that when it came out in the'70s, the IUD irritated the uterus but it has improvedover time.

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SUSPENSION OF CONSIDERATIONOF SENATE BILL NO. 2865

Upon motion of Senator Sotto, there being noobjection. the Body suspended consideration ofthe bill.REFERENCE OF BUSINESS

The Director of the Committee Affairs Bureau,Eduardo C. Garvida, read the following matters andthe Chair made the corresponding referrals:

BILLS ON FIRST READINGSenate Bill No, 2969, entitled

AN ACT AMENDING PRESIDENTIALDECREE NO. 269, AS AMENDED,OR THE NATIONAL ELECTRIFICATION DECREE, RESTRUCTURINGTHE ELECTRIC COOPERATIVES,PRESCRIBING ADDITIONALPOWERS AND FUNCTIONS ANDSTRENGTHENING THE NATIONALELECTRIFICATION ADMINISTRA-TION AND FOR OTHER PURPOSES

Introduced by Senator RectoTo the Committees on Cooperatives; and

Ways and MeansSenate Bill No. 2971, entitled

AN ACT GOVERNING THE CREATIONAND ACCREDITATION OF MICROENTERPRISE DEVELOPMENTINSTITUTIONS AND FOR OTHERPURPOSES

Introduced by Senator Ejercito EstradaTo the Committees on Economic Affairs;Banks, Financial Institutions and Currencies;

and Ways and MeansRESOLUTIONS

Proposed Senate Resolution No. 603, entitledRESOLUTION DIRECTING THE SENATECOMMITTEES ON LABOR, EMPLOY-

MENT AND HUMAN RESOURCESDEVELOPMENT; HEALTH ANDDEMOGRAPHY; AND CIVIL SERVICEAND GOVERNMENT REORGANIZA TlON TO LOOK INTO THE PLIGHTOF FILIPINO NURSES, THEIRWORK AND EMPLOYMENTCONDITIONS

Introduced by Senator Escudero

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To the Committees on Health and Demography; and Labor, Employment and HumanResources DevelopmentProposed Senate Resolution No. 604, entitled

RESOLUTION URGING THE COMMITTEES ON FOREIGN RELATIONS;JUSTICE AND HUMAN RIGHTS;AND LABOR, EMPLOYMENT ANDHUMAN RESOURCES DEVELOP-MENT TO CONDUCT AN INQUIRY,IN AID OF LEGISLATION, ON THEINCREASING INCIDENTS OF OFWMURDERS AND THOSE KILLEDWITH IGNOMINY WITH THE ENDIN VIEW OF FORMULATINGPOLICIES TO PROTECT OFW'SAS WELL AS FORMULATINGBETTER REPATRIATION PROCE-DURE AND A RELEVANTSYSTEM OF GIVING ASSISTANCETO THEM

Introduced by Senator VillarTo the Committees on Foreign Relations;

and Labor, Employment and Human ResourcesDevelopmentProposed Senate Resolution No. 605, entitled

RESOLUTION URGING THE COMMITTEESON PUBLIC WORKS; AND PUBLICSERVICES TO CONDUCT ANINQUIRY, IN AID OF LEGISLATION,ON THE TRAFFIC SITUATION INEDSA AND THE FORMULATIONOF A COMPREHENSIVE EDSATRAFFIC DECONGESTIONPROGRAM SPECIFYING SHORT-TERM APPROACHES AS WELL AS

#t"'r

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LONG-TERM STRATEGIES WITHTHE END IN VIEW OF RESTORINGEDSA AS A VIABLE THOROUGHFARE FOR THE TRANSPORT OFPERSONS AND GOODS

Introduced by Senator VillarTo the Committees on Public Works; audPublic Services

Proposed Senate Resolution No. 606, entitledRESOLUTION URGING THE APPRO

PRIATE SENATE COMMITTEES TOCONDUCT A STUDY, IN AID OFLEGISLATION, ON THE REPORTEDINCREASE IN CAR THEFTINCIDENTS IN THE COUNTRYWITH THE END IN VIEW OFCRAFTING A RELEVANT LAWAIMED AT DETERRING THECOMMISSION OF THE OFFENSE

Introduced by Senator VillarTo the Committees on Public Order andDangerous Drugs; and Coustitutional Amend

ments, Revision of Codes and LawsProposed Senate Resolution No. 607, entitled

RESOLUTION URGING THE SENATECOMMITTEES ON ENVIRONMENTAND NATURAL RESOURCES; ANDLOCAL GOVERNMENT TO CONDUCTAN INQUIRY, IN AID OF LEGISLATION, ON THE INVENTORY OFRICE TERRACES IN THE PROVINCEOF IFUGAO THAT ARE CLASSIFIEDAS PROTECTED AREAS, WITHTHE END IN VIEW OF AVERTINGTHEIR EXPLOITATION ANDDESTRUCTION, IN LIGHT OF THESO-CALLED "GOLD RUSH" THATOFTEN ATTRACTS BOTH LEGALAND ILLEGAL SMALL-SCALEMINING

Introduced by Senator VillarTo the Committees on Environment andNatnral Resources; and Local Government


COMMUNICATIONLetter from the Bangko Sentral ng Pilipinas,

dated 9 September 20 11, furnishing the Senatewith a copy of BSP Circular No. 736, series of20 II, dated 20 July 20 II, in compliance withSection 15(a} of Republic Act No. 7653 (TheNew Central Bank Act).To the Committee on Banks, Financial Institutions and Currencies

COMMITTEE REPORTCommittee Report No. 57, prepared and submitted

joint ly by the Committees on Justice and HumanRights; and Finance, on Senate Bill No. 2970,with Senators Dri Ion, Angara, Revi lIa Jr. andEscudero as authors thereof, entitledAN ACT REORGANIZING AND

MODERNIZING irHE NATIONALBUREAU OF INVESTIGATION,PROVIDING FUNDS THEREFOR,AND FOR OTHER PURPOSES,

recommending its approval in substitution ofSenate Bill Nos. 128,2724, and 2810.Sponsor: Senator EscuderoTo the Calendar for Ordinary Business

ADDITIONAL REFERENCE OF BUSINESSRESOLUTION

Proposed Senate Resolution No. 608, entitledRESOLUTION DIRECTING THE COM

MITTEE ON AGRICULTURE ANDFOOD TO CONDUCT AN INQUIRY,IN AID OF LEGISLATION ON THEALLEGED IRREGULARITIES ONTHE UTILIZATION OF TH EAGRICULTURE COMPETITIVENESSENHANCEMENT FUND (ACEF)

Introduced by Senator PangilinanAt the instance of Senator Sotto, the Chair

referred Proposed Senate Resolution No. 608primarily to the Committee on Agriculture and Food

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and secondarily to the Committee on Accountabilityof Public Officers and Investigations and to theCommittee on Finance.APPROVAL OF THE JOURNAL

Upon motion of Senator Sotto, there being noobjection, the Body dispensed with the reading of theJournal of Session No. 21 (September 20, 20 I I) andconsidered it approved.ADJOURNMENT OF SESSION

Upon motion of Senator Sotto, there being noobjection, the Senate President Pro Tempore declaredthe session adjourned until three o'clock in theafternoon of Monday, September 26, 2011.

II was 5:50 1'.111.

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I hereby certify to the correctness of theforegoing.

~ Y E S . - -Secretary' ( ~ f the Senate;-r4r

Approved on September 26, 20 I I

No. 22 September 21, 2011

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