Bsaiii Legislative Record

BENIGNO S. AQUINO III’S LEGISLATIVE AGENDA Bills filed by BENIGNO S. AQUINO III IN THE SENATE Senate Bill

Summary

SBSA filed a bill amending section 4 of RA 9184 or the Government Procurement Act to make it very clear that it applies to all government procurement activities, regardless of source of funds, whether local or foreign, Amending the and that only treaties or international or Government executive agreements entered into by the Procurement Act government prior to its enactment shall be (SB 2160) exempt from its coverage. This bill was filed in light of the declaration by the DOJ of the validity of the NBN-ZTE deal citing its international and executive agreement nature as reason for its exemption from the procurement process as stipulated in RA 9184.

Status

Pending in the Committees on Constitutional Amendments, Revision of Codes and Laws, and Finance

Budget Impoundment Control Act (SB 3121)

Impoundment is the power of the President to refuse the release of funds appropriated by Congress. However, this power has been used and abused by the President and in the process “emasculating Congress’ authority to Pending in the check the President’s authority to spend public Committee on funds.” That is why SBSA filed Senate Bill 3121 Finance or the Budget Impoundment Control Act which requires the President to submit to Congress for approval the “Rescission or Reservation of a Budget Appropriation” every time he/she decides to impound part of the budget.

Increasing Penalties for Non-compliance in the Wage Rationalization Act (SB 2036)

Pending in the Committee on SBSA filed Senate Bill 2036 which seeks to Labor, increase the penalties imposed on corporations Employment or work establishments who are non-compliant and Human with the minimum wage set by law. Resources Development

Banning the reappointment of members of the JBC that already served a full term (SB 1710/

SBSA filed a bill banning reappointments to the Judicial and Bar Council in order to avoid the possibility of instances where its members, in their desire to be reappointed to the Council, succumb to pressure from the executive to nominate individuals based on political considerations instead of their actual merits

Passed in the Senate Pending in the House of Representatives 1|Page

CR 23)

and qualifications, seriously undermining the quality of judicial appointments and the independence of the judiciary as a whole. Local Chief Executives, by virtue of RA 7160 (the Local Government Code) and RA 6970 (DILG Act of 1990) as amended by RA 8551, have “operational supervision and control” over PNP units assigned at their territorial jurisdiction. They shall also have the power to choose their provincial police director and chief of police. They also have the power and authority to recommend the recall or reassignment of the chief of police.

Reform in the appointment of PNP directors (SB 2978/ CR 242)

However, conflict arose between the local chief executives and the Philippine National Police/ National Police Commission because there was no clear delineation of powers and functions over the appointment of chief of polices or their dismissal.

Passed in the Senate

Pending in the House of Representatives SBSA filed a resolution in order to ascertain the facts surrounding the conflict and determine whether the practice of the appointment and or removal of chief of polices is consistent with the law. In conjunction with the resolution, SBSA filed Senate Bill 2978 amending the DILG Act and which clarifies with specificity the powers and functions of the local chief executives and the PNP/NAPOLCOM with regards to chief of polices. It also gives term limits to chief of polices in the provinces.

Preservation of Public Infrastructures (SB 2035)

Senate Bill 2035 seeks to prevent “faulty and defective infrastructure” by raising the standards in the construction of all public Pending in the infrastructures and by penalizing the Committee on contractors of defective infrastructures. It also Public Works requires the Bureau of Maintenance under the DPWH to conduct periodic inspections of public infrastructures.

Productivity Incentives Act (SB 1370/ CR 105)

SBSA filed Senate Bill 1370 which grant Productivity Incentives Bonuses to employees for net profits gained by any company or business establishment. This aims to improve the performance and productivity of employees in the private sector.

Pending in the Committee on Labor, Employment and Human Resources Development 2|Page

SBSA filed Senate Bill 1719 which seeks to enforce the checks and balances on the Prevention of rePresident’s appointive powers by limiting the appointment and number of times an official may be rebypassing the appointed when his or her appointment has not CA been “favorably acted upon by the Commission (SB 1719) on Appointments at the close of the session of Congress.”

Pending in the Committee on Constitutional Amendments, Revision of Codes and Laws

SBSA filed Senate Bill 2159 which holds responsible superior and senior officers, who by their consent, toleration or negligence in the control and supervision of their subordinates, violates and abuses the rights of the citizens.

Pending in the Committee on Justice and Human Rights

Superior Responsibility (SB 2159)

Resolutions filed by Benigno S. Aquino III Resolution

Summary According the Local Government Code, barangay officials Sangguniang Kabataan officials are exempted from tuition matriculation fees when in attendance in State Universities Colleges. However, various SUCs imposed limitations on availment of these educational benefits.

and and and the

Matriculation of the SK and Barangay Officials in SUCs SBSA filed a resolution investigating the said incident considering (SRN. 975) that these officials are legally entitled to such benefits because of their significant contributions to peace and order and development of their respective barangay community. Investigation into the possibility of SBSA filed a resolution questioning the need to elect members of a Constitutional the Constitutional Convention that will amend the 1987 Constitution through the May 2010 National Elections. Convention (SRN 819) Investigation into the Bataan Gun SBSA filed a resolution seeking an investigation into the Bataan gun smuggling which took place last August 21, 2009. Smuggling (SRN 1327) Investigation into the warrantless arrests of Magdalo members (SRN 1047)

SBSA filed a resolution questioning the “warrantless arrests” of a group alleged of plotting a raid to rescue detained Magdalo members. The “warrantless arrests” violates their inherent human rights as protected in the Constitution. SBSA filed a resolution investigating the events immediately 3|Page

Investigation into following the Manila Peninsula Stand-off wherein media the human rights personnel were arrested and their equipment confiscated which is abuses during in violation of the Freedom of the Press. the Manila Peninsula Stand-off (SRN 229) Investigation into the Pyrotechnics Regulation (SRN 877)

SBSA filed a resolution seeking an investigation into the explosion in the Starmaker Factory at Trece Martirez, Cavite. The investigation is intended to determine whether there was lapse in the regulation of the fireworks industry.

Investigation into the UDHA implementation (SRN 402)

SBSA filed a resolution questioning the demolition by the Metro Manila Development Authority of illegal shelters without providing relocation sites for the displaced families contrary to RA 7270 or the Urban Development and Housing Act.

Legislative Concerns of Benigno S. Aquino III Amendments to EPIRA SBSA introduced amendments to SBN 2121, seeking to strengthen the prevention of market power abuse and unfair trade practices in the power industry and in furtherance of which, increases the penalties for violations of prohibited acts. Opposition to the sale of TRANSCO SBSA opposed the privatization of the National Transmission Corporation (TRANSCO) on the grounds that it is a revenue generating monopoly which generates P16.7 Billion in revenues, thus depriving additional government income for public service use. He also opposed the franchise because the National Grid Corporation of the Philippines, the one to whom the TRANSCO franchise was awarded, only has a financial capacity of P8.157 Billion with an authorized capital stock of P2 Billion for 2008. SBSA questions how NGCP can manage a corporation twice its size. Also, the downpayment for the corporation amounts to P46 Billion which the NGCP does not have. In the end, SBSA’s concern is that energy consumers might suffer from the deal because he is not convinced that NGCP is “willing and able to manage, operate and expand the national grid…” Opposed JPEPA 4|Page

SBSA voted against the Japan-Philippines Economic Partnership Agreement because the treaty is one-sided benefiting Japan more than it would benefit the Philippines. SBSA wants a renegotiation of the treaty which is much more advantageous and beneficial to the Filipino people. Opposed the Supplemental Budget for the Implementation of Automated Elections SBSA opposed the P11.4 Billion supplemental budget for the implementation of the Automated Elections because the Commission on Elections cannot effectively implement automated polls with the little time that they had. Also, there are several vulnerabilities in the system that may cause problems for the May 2010 elections. Amended the Pre-Need Code SBSA amended SBN 2077 to further protect the plan holders and to prevent officers of the Pre-need firms from engaging in irregular practices within the firm which might endanger the financial interests of the policy holders. Amended the COOP Code SBSA amended substitute SBN 2264 (Amending RA 6963 or the Cooperative Code). SBSA seeks to make cooperatives as vehicles for social and economic progress for the marginalized sectors by organizing themselves in addressing their social and economic needs in their communities while fulfilling their social responsibilities. Reproductive Health SBSA is against abortion. However, he is in favor of giving couples the right to chose how best to manage their families so that in the end, their welfare and that of their children are best served. And in situations where couples, especially the poor and the disadvantaged ones, are in no position to make an informed judgment, the state has the responsibility to provide that information. The National Budget SBSA scrutinizes the budget in an effort to prevent the administration from further corrupting public funds and become more 5|Page

prudent in its fiscal spending. He also introduced the following amendments; (1) Clarifying the term “excess of the original revenue targets” to mean excess revenue target for the whole fiscal year. This aims to prevent the Department of Budget and Management from over releases. (2) Limiting fund transfers to NGOs and POs until funds previously transferred to such organizations have been liquidated. This aims to prevent another “Fertilizer Fund Scam” from occurring. (3) Effectivity of the 2009 General Appropriations Act will start on January 1, 2009 and requires that the funds released prior to the approval of this Act for the operations for FY 2009 be subtracted from the 2009 Budget and. (4) SBSA increased the budget of the Commission on Human Rights by P1.514 Million. Amended the Kilos Asenso Fund SBSA amended the 2008 General Appropriations Act seeking greater transparency in the release of the P3 billion Kilos Asenso Support Fund. Corruption and irregular government practices (NBN-ZTE deal, Fertilizer Fund Scam, Euro Generals controversy, etc.) SBSA has always been a champion of anti-corruption efforts and has always participated in committee hearings and plenary discussions on how to address such issues in order that it may not be repeated. Public funds should be used for public services for the general welfare and should not be used for the luxuries of those who control the funds. Amendments to the Motorcycle Helmets SBSA made amendments to SBN 1863 requiring motorcyclist to wear helmets of the quality approved by the Bureau of Product Standards under the Department of Trade and Industry. 1.0

Works in the Committee on Local Government Bills passed by the Committee on Local Government 6|Page

Bills on Local Holidays HBN 2160 (March 16 as Romblon Foundation Day) R.A. No. 9162 (signed into law on June 11, 2009) HBN 5280 (March 21 as Victorias City Charter Day in Negros Occidental R.A. No. 9643 (signed into law on June 11, 2009) HBN 5288 (August 28 as Cagayan de Oro City Day) R.A. No. 9644 (signed into law on June 11, 2009) HBN 6014 and SBN 2993 (Amending R.A. 5412 - Charter of the City of General Santos) R.A. No. 9649 (signed into law on July 7, 2009) HBN 1125 ((July 18 as T’nalak Festival in South Cotabato)) R.A. No. 9654 (signed into law on July 17, 2009) HBN 1314 (September 18 as Bislig City Charter Day in Surigao del Sur) R.A. No. 9683 (signed into law on August 4, 2009) HBN 3685 (October 2 as Majayjay Day in Laguna) R.A. No. 9701 (signed into law on August 7, 2009) HBN 206 (September 29 as Balilihan Day in Bohol) R.A. No. 9706 (signed into law on August 7, 2009) HBN 5285 (August 10 as San Jose City Charter Day in Nueva Ecija) Approved on Third Reading HBN 5284 (September 10 as Foundation Day of San Jose del Monte City in Bulacan) Approved on Third Reading HBN 2495 (July 31 as Battle of Paye Day in Marinduque) Approved on Third Reading HBN 5286 (October 12 as Getafe Foundation Day in Bohol) Approved on Third Reading HBN 5287 (January 12 as Charter Day of Talisay City in Cebu) Approved on Third Reading HBN 521 (June 23 as Palawan and Puerto Princesa City Day) Approved on Third Reading 7|Page

Redistricting and Cityhood Bills HBN 3224 (Reapportionment of the Lone Legislative District of Agusan del Sur) R.A. No. 9508 (signed by the President on Oct. 20, 2008) HBN 3693 (Reapportionment of the Lone Legislative District of Malolos City, Bulacan) R.A. No. 9591 (lapsed into law on May 1, 2009) HBN 4163 (Reapportioning the Province of Camarines Norte from lone to 2 Legislative Districts) Approved on Third Reading HBN 4254 (Reapportioning the Province of Cavite from 4 to 7 Legislative Districts) Approved on Third Reading HBN 4264 (Reapportioning the Province of Camarines Sur from 4 to 5 Legislative Districts) Approved on Third Reading HBN 5226 (Creating the Charter of Biñan City in Laguna) Approved on Third Reading HBN 5007 (Reapportioning the City of Lapu-Lapu as Lone Legislative District) Approved on Third Reading HBN 4054 (Reapportionment of Iligan City as Lone Legislative District) Approved on Third Reading HBN 4053 (Reapportionment of the Province of Lanao del Norte) Approved on Third Reading

HBN 4267 (Reapportionment of the Province of Pangasinan from 6 to 7 Legislative Districts) Conducted Committee Hearings HBN 5273 (Reapportionment of Puerto Princesa City as Lone Legislative 8|Page

District) Conducted Committee Hearings Bills Amending the Local Government Code SBN 2005 (LGUs’ choice of depository banks) Approved on Third Reading SBN 2006 (Posting and publishing of summary of income and expenditures) Approved on Third Reading SBN 2325 and HBN 5624 (Reducing the Amusement Tax) R.A. No. 9640 (lapsed into law on May 26, 2009) HBN 5258 (Charter of Dasmariñas City, Cavite) C.R. No. 514 (filed on May 28, 2009), Pending Third Reading Other Bills from the Committee HBN 3389 (Creating the Bacolor Rehabilitation Council) R.A. No. 9506 (signed by the President on Sept. 28, 2008) HBN 3206 (Amending the Territorial Jurisdiction of San Jose, Dinagat Islands) Approved on Third Reading SBN 1757 (Regulating the Use of Sidewalks for Commercial and Other Purposes) Approved on Third Reading SBN 2978 (Substitute bill for P.S. Res. No. 190 - Implementation of PNP Laws) Approved on Third Reading HBN 5652 (Creating Barangay Banawa-Englis in Cebu City) Committee Report for Signature of Members SRN 402 (Implementation of UDHA) Conducted Committee Hearings SBN 1993 (Local Management Information System) Conducted Committee Hearings 9|Page

SBN 2, 199, 539, 1441, 1529, 2513, 2516, 247, 441, 522, 599, 2137, 2138, 2414, and 2427 (Benefits for Barangay Officials, Tanods and Volunteers) Conducted Committee Hearings Issues of Benigno S. Aquino III Executive Clemency While SBSA recognizes that Executive Clemency is part of the powers and prerogatives of the President, of late it has been abused and its abuse is leading to the deterioration of law and order. MOA-AD, Bangsamoro SBSA opposes the signing of the Memorandum of Agreement on Ancestral Domain because it is unconstitutional and its signing would violate national integrity. EO 464 (Executive Privilege) EO 464, or the gag order from the President on her executives is a clear violation of the principle of checks and balances. With this executive order, the government is neglecting its responsibility to inform the public, which is consequently the public’s right. Pardon of Former President Erap Estrada SBSA lauds the former President for undergoing proceedings. In the end, the rule of law should prevail.

court

JDV Amnesty Bill SBSA cautions the passing of an “all-encompassing” amnesty bill, because while amnesty may be given for political crimes, such

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amnesties must be given on a case to case basis with a rigorous assessment of the case and the facts surrounding which. Public Safety and Security SBSA has consistently questioned the agencies who were supposed to have prevented disasters such as fireworks factory blasts and sinking of ships, for their lack of regulation of the industries which they monitor, with the end view of preserving public safety.

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