ISSN 1656-507X BILL DEFINES TERRORISMcongress.gov.ph/download/13th/forum_oct05.pdf2005/10/08  ·...

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Interview with the Majority Leader Going UNICAMERAL : Good for us? CHRONICLE of an IMPEACHMENT October 2005 Vol. 2, No. 4 Official Newsletter of the House of Representatives Republic of the Philippines FUEL from nature p.6 p.2 p.3 p.4 p.8 Keeping PEACE in Muntinlupa p.7 ISSN 1656-507X ISSN 1656-507X ISSN 1656-507X ISSN 1656-507X ISSN 1656-507X BILL DEFINES TERRORISM Debt-for-equity plan ‘catches fire’ RP is AIPO President Continued on page 2 S PEAKER Jose de Venecia’s proposal to convert half of the debt owed by 100 heavily-indebted middle-income nations into equity in development projects to achieve the UN Millennium Development Goals (MDGs) is “catching fire” as more influential leaders endorsed the action program. Among those who sent in their support are Cambodian Prime Minister Hun Sen, Ukraine’ chairman of the Verkhovna (Parliament) Volodymyr Lytvyn and the United Nations Educational, Scientific and Cultural Organization (UNESCO). During a recent meeting in Washington DC, Senior US Sen. Daniel Inouye told de Venecia he would place in the US Congressional record the full text of the Philippine leader’s debt-for- equity program in giving it his full endorsement. The latest support followed UN Secretary-General Kofi Annan’s unprecedented endorsement in which he praised de Venecia for using debt conversions in dealing with external debt to “finance sustainable development programs.” Annan asked de Venecia to bring the Philippine proposal “to the attention of world leaders” because it is innovative and could be one of the key programs to achieving the UN MDGs. E DUCATION and public infrastructure are getting the lion’s share in the proposed P1.053-trillion General Appropriations Act (GAA) for 2006. Speaker Jose de Venecia hopes the new GAA would pass House plenary scrutiny by late November to give the Senate time to review and pass the same for bicameral deliberations before Christmas. “There will be no budget re-enactment next year,” de Venecia said following the submission of the GAA documents by Budget Secretary Romulo Neri last August 24. Appropriations Committee Chairman Rolando Andaya Jr. said the trillion-peso budget is being reviewed by the 160-member appropriations panel with a “fine-toothed comb.” The Andaya panel has not let up on its public hearings on the proposed GAA by department even during the recess. Congress resumes session on November 7. Of the P1.053 trillion outlay, P734.1 billion are new appropriations that include P57.1 billion of Unprogrammed Appro- priations, which will be provided as standby authority to be released only when revenue collections exceed projected targets. The rest are classified as Automatic/Continuing Appropriations. Capital outlay in the proposed GAA has been increased from P64 billion to P97.8 billion, indicating up- scaled infrastructure develop- ment to reinforce the government’s fight to reduce poverty. The increased education budget will be used partly to build 7,000 classrooms and to purchase 18.1 million pairs of English textbooks and manuals amounting to P1.18 billion. The President also Continued on page 8 Education, Education, Education, Education, Education, infrastructure infrastructure infrastructure infrastructure infrastructure top P1-T top P1-T top P1-T top P1-T top P1-T 2006 budget 2006 budget 2006 budget 2006 budget 2006 budget The ‘ great Charter debate’ begins Is it goodbye Is it goodbye Is it goodbye Is it goodbye Is it goodbye to presidential to presidential to presidential to presidential to presidential system? system? system? system? system? C ONSTITUTIONAL reform is in the front- burner in the House of Representatives as the 236- member chamber begins plenary debate on a concurrent resolution this November—a major move that could put the country on the verge of a historic change in its political system. Rep. Constantino G. Jaraula, chairman of the House Committee on Constitutional Amendments, said he is ready to present and defend in World leaders’ endorsements pour in Continued on page 3 By Diony P. Tubianosa W ITH threats from regional and global terrorism far from diminished, the House of Representatives has moved a step closer to approving an anti- terrorism bill, the first in the country, that defines acts of terror and provides heavy penalties for them ranging from fines to imprisonment. Two major House committees—Justice chaired by Rep. Simeon Datumanong and Foreign Affairs headed by Rep. Antonio Cuenco—have finalized the joint Committee Report on the proposed Ant-Terrorism Act of 2005, and plenary debate on the consolidated version could begin on November 7 when Congress returns from a three-week recess. The debate will open amid warnings that the country faces “a clear and present danger” of terrorist attacks following three suicide bombings in Bali, Indonesia on October 1 blamed on the Jemaah Islamiyah (JI) which left 26 people dead and scores of others wounded. Cross-border terrorism has emerged as one of the leading security threats to the country, according to official reports, with the JI said to have active terrorist cells in Mindanao and Metro Manila. “We should not wait for bigger terror attacks to convince us of the immediacy and indispensability of the law,” Cuenco said. The proposed Act strongly condemns terrorism as a “crime against the laws of nations and against humanity” and spells out the policy of the State to “safeguard and protect lives, liberties and the environment, promote the freedom and dignity of the people,” among others. The draft bill defines terrorism as “…the premeditated, threatened, actual use of violence or force or any other means that deliberately cause harm to persons, or of force and other destructive means against property or the environment, with the intention of creating or sowing a state of danger, panic, fear, or chaos to the general Continued on page 2 Sets heavy penalties for acts of terror VERY CONVINCING. Speaker Jose de Venecia (second from left) defended his advocacy of the shift to the parliamentary system and the rehabilitation of the Northern Luzon rail system before members of the Manila Overseas Press Club during its Congress Night. MOPC chairman and Philippine Star publisher Maximo Soliven (at left, handing a plaque to Speaker Jose de Venecia) lauded De Venecia’s “eloquent and impassioned” appeal which he found “very convincing.” At right is MOPC president Antonio Lopez and Manila Standard Today columnist Emil Jurado. Cuenco Datumanong Tobias Engay

Transcript of ISSN 1656-507X BILL DEFINES TERRORISMcongress.gov.ph/download/13th/forum_oct05.pdf2005/10/08  ·...

Page 1: ISSN 1656-507X BILL DEFINES TERRORISMcongress.gov.ph/download/13th/forum_oct05.pdf2005/10/08  · MOPC chairman and Philippine Star publisher Maximo Soliven (at left, handing a plaque

Interviewwith theMajorityLeader

GoingUNICAMERAL:Good for us?

CHRONICLEof anIMPEACHMENT

October 2005Vol. 2, No. 4

Official Newsletter of theHouse of Representatives

Republic of the Philippines

FUELfromnature

p.6

p.2

p.3

p.4

p.8

KeepingPEACEin Muntinlupa

p.7

ISSN 1656-507XISSN 1656-507XISSN 1656-507XISSN 1656-507XISSN 1656-507X

BILL DEFINES TERRORISM

Debt-for-equity plan ‘catches fire’

RP isAIPOPresident

Continued on page 2

SPEAKER Jose de Venecia’sproposal to convert half of the

debt owed by 100 heavily-indebtedmiddle-income nations into equityin development projects to achievethe UN Millennium DevelopmentGoals (MDGs) is “catching fire” asmore influential leaders endorsedthe action program.

Among those who sent intheir support are CambodianPrime Minister Hun Sen,Ukraine’ chairman of theVerkhovna (Parliament)

Volodymyr Lytvyn and the UnitedNations Educational, Scientificand Cultural Organization(UNESCO).

During a recent meeting inWashington DC, Senior US Sen.Daniel Inouye told de Venecia hewould place in the USCongressional record the full textof the Philippine leader’s debt-for-equity program in giving it his fullendorsement.

The latest support followedUN Secretary -General Kofi

Annan’s unprecedentedendorsement in which he praisedde Venecia for using debtconversions in dealing withexternal debt to “financesustainable developmentprograms.”

Annan asked de Venecia tobring the Philippine proposal “tothe attention of world leaders”because it is innovative and couldbe one of the key programs toachieving the UN MDGs.

EDUCATION and publicinfrastructure are getting

the lion’s share in the proposedP1.053-trillion GeneralAppropriations Act (GAA) for2006.

Speaker Jose de Veneciahopes the new GAA would passHouse plenary scrutiny by lateNovember to give the Senatetime to review and pass thesame for bicameraldeliberations before Christmas.

“There will be no budgetre-enactment next year,” deVenecia said following thesubmission of the GAAdocuments by Budget SecretaryRomulo Neri last August 24.

A p p r o p r i a t i o n sCommittee Chairman RolandoAndaya Jr. said the trillion-pesobudget is being reviewed by the160-member appropriationspanel with a “fine-toothedcomb.”

The Andaya panel has notlet up on its public hearings onthe proposed GAA bydepartment even during therecess. Congress resumessession on November 7.

Of the P1.053 trillionoutlay, P734.1 billion are newappropriations that includeP57.1 billion ofUnprogrammed Appro-priations, which will beprovided as standby authority tobe released only when revenuecollections exceed projectedtargets. The rest are classified asA u t o m a t i c / C o n t i n u i n gAppropriations.

Capital outlay in theproposed GAA has beenincreased from P64 billion toP97.8 billion, indicating up-scaled infrastructure develop-ment to reinforce thegovernment’s fight to reducepoverty.

The increased educationbudget will be used partly tobuild 7,000 classrooms and topurchase 18.1 million pairs ofEnglish textbooks and manualsamounting to P1.18 billion.

The President also

Continued on page 8

Education,Education,Education,Education,Education,infrastructureinfrastructureinfrastructureinfrastructureinfrastructure

top P1-Ttop P1-Ttop P1-Ttop P1-Ttop P1-T2006 budget2006 budget2006 budget2006 budget2006 budget

The ‘great Charterdebate’ begins

Is it goodbyeIs it goodbyeIs it goodbyeIs it goodbyeIs it goodbyeto presidentialto presidentialto presidentialto presidentialto presidential

system?system?system?system?system?C O N S T I T U T I O N A L

reform is in the front-burner in the House ofRepresentatives as the 236-member chamber beginsplenary debate on a concurrentresolution this November—amajor move that could put thecountry on the verge of ahistoric change in its politicalsystem.

Rep. Constantino G.Jaraula, chairman of the HouseCommittee on ConstitutionalAmendments, said he is readyto present and defend in

World leaders’ endorsements pour in

Continued on page 3

By Diony P. Tubianosa

WITH threats from regionaland global terrorism far

from diminished, the House ofRepresentatives has moved a stepcloser to approving an anti-terrorism bill, the first in thecountry, that defines acts of terrorand provides heavy penalties forthem ranging from fines toimprisonment.

Two major Housecommittees—Justice chaired byRep. Simeon Datumanong and

Foreign Affairs headed by Rep.Antonio Cuenco—have finalizedthe joint Committee Report on theproposed Ant-Terrorism Act of2005, and plenary debate on theconsolidated version could beginon November 7 when Congressreturns from a three-week recess.

The debate will open amidwarnings that the country faces “aclear and present danger” ofterrorist attacks following threesuicide bombings in Bali,Indonesia on October 1 blamed onthe Jemaah Islamiyah (JI) which left26 people dead and scores of otherswounded.

Cross-border terrorism hasemerged as one of the leadingsecurity threats to the country,according to official reports, withthe JI said to have active terroristcells in Mindanao and MetroManila.

“We should not wait for biggerterror attacks to convince us of theimmediacy and indispensability ofthe law,” Cuenco said.

The proposed Act stronglycondemns terrorism as a “crimeagainst the laws of nations andagainst humanity” and spells outthe policy of the State to “safeguardand protect lives, liberties and theenvironment, promote thefreedom and dignity of the people,”among others.

The draft bill defines terrorismas “…the premeditated, threatened,actual use of violence or force orany other means that deliberatelycause harm to persons, or of forceand other destructive meansagainst property or theenvironment, with the intention ofcreating or sowing a state of danger,panic, fear, or chaos to the general

Continued on page 2

Sets heavy penalties for acts of terror

VERY CONVINCING. Speaker Jose de Venecia (second from left) defended his advocacy of the shift to the parliamentarysystem and the rehabilitation of the Northern Luzon rail system before members of the Manila Overseas Press Clubduring its Congress Night. MOPC chairman and Philippine Star publisher Maximo Soliven (at left, handing a plaque toSpeaker Jose de Venecia) lauded De Venecia’s “eloquent and impassioned” appeal which he found “very convincing.”At right is MOPC president Antonio Lopez and Manila Standard Today columnist Emil Jurado.

CuencoDatumanong

Tobias Engay

Page 2: ISSN 1656-507X BILL DEFINES TERRORISMcongress.gov.ph/download/13th/forum_oct05.pdf2005/10/08  · MOPC chairman and Philippine Star publisher Maximo Soliven (at left, handing a plaque

3October 20052 October 2005

June 27, GMA: I am sorry President Arroyo, in a nationally televised speech, finally breaks her silence and apologizes for talking with an election official about her hopes fora million-vote margin in last year’s election, calling it a lapse in judgment.

July 13, Makati rallySusan Roces, the late Presidential candidate Fernando Poe Jr.’s widow, appears before an estimated crowd of 40,000 people in an anti-GMA rally inMakati City and calls on the people to be wary of proposed Constitutional changes and urges the youth to give importance to the virtue of honesty.

July 16, Luneta rallyAbout 125,000 people consisting mainly of constitutional advocates, supporters and allies of President Arroyo converge at the Quirino grandstandat the Luneta Park for the “Prayer Rally for Peace, Unity and Guidance through the Rule of Law.”

July 25, Opposition fails to get enough votesOpposition fails to muster the 79 votes needed to send the case to the Senate for trial. Only 42 congressmen sign the complaint.

IMPEACHMENT TIMELINE

The FORUMThe FORUMThe FORUMThe FORUMThe FORUM is published by the PUBLISHINGAND DESIGN SERVICE, Public Relations andInformation Department, House of Representatives,with offices at Constitution Hills, Quezon City andTelephone Nos. 9315335 and 9315001 local 7651 or7552.

Editorial Board: Dep. Sec. Gen. Emmanuel A.Albano, Chairman; Exec. Dir. Ma. Bernadette C. dela Cuesta, Vice-Chairman

Editor: Dep. Sec. Gen. Emmanuel A. Albano

Managing Editor: Dir. Ferdinand M. Bolislis

Assistant Editor: Melissa M. Reyes

Staff Writers: Diony P. Tubianosa, Abigail M.Macabeo, Raymond G. Pasiliao, ChristianFerdinand D. Pamintuan, Michelle M. Sapnu,Jacqueline Rey-Juliano, Isagani C. Yambot Jr.,Ceferino M. Acosta III

ISSN 1656-507X

September 6

Broad united front against GMA formedFormer President Aquino, Susan Roces, religious leader andex-Presidential candidate Bro. Eddie Villanueva andmembers of the newly formed Bukluran para saKatotohanan (Coalition for the Truth) march from St.Peter’s Church on Commonwealth Avenue to the BatasanComplex, bringing to the streets their call for PresidentArroyo to step down. Bukluran later launches a signaturecampaign to revive the impeachment complaint againstMrs. Arroyo possibly through a people’s tribunal.

COPYRIGHT NOTICE

Section 176 of the RA 8292 provides:“No copyright shall subsist in any workof the Government of the Philippines.However, prior approval of thegovernment agency or office whereinthe work is created shall be necessaryfor exploitation of such work for profit.”

plenary House ConcurrentResolution No. 26 “callingCongress to convene jointly topropose amendments to, orrevision of, the 1987Constitution.”

The resolution calls for areview of the country’s politicalstructure, proposing a shift fromthe bicameral presidential systemto a unicameral parliamentarygovernment and from a unitary tothe federal system.

In the two-page resolution, theJaraula panel limits the proposedcharter amendments to two otherareas of concern.

One is a review of theConstitution’s basic economicprovisions aimed at maximizing thebenefits and welfare for the Filipinopeople without being shackled byunnecessary and impracticalconstraints and limitations.

The other is the transitoryprovision setting the mechanismfor the orderly transition from thepresent to the new form and systemthat may be adopted.

Speaker Jose de Venecia, aproponent of the parliamentarysystem and a charter reformadvocate since 1992, and Jaraulaare the principal authors of HCR

26, joined by Majority LeaderProspero Nograles, Reps. ExequielJavier, Mauricio Domogan, ClavelMartinez, Douglas Cagas, AssistantMajority Leaders Hussin Amin andDel de Guzman, and members ofthe sponsoring panel.

De Venecia and Jaraula saidthe parliamentary system hasproved to be successful asevidenced by the rise of theparliamentary powers of Europe aswell as of Japan, Singapore,Malaysia, Thailand, and mostrecently India in Asia and ofAustralia further south.

They said a review of theCharter’s economic provisions isnecessary in order to increase theinf low of direct foreigninvestments.

Direct foreign investmentshave powered China’s rise as amajor economic power since 1979,giving it sustained economicgrowths and lifting more than 400million Chinese from abjectpoverty.

The two said direct foreigninvestments have also fueled therise of the economic powers of Asiain Singapore, Malaysia, Thailand,Hongkong and most recently India.

“Let’s not peddle non-existentghosts. It’s good to be nationalistic,

but economic development inprosperous nations has been fueledlargely by direct foreigninvestments,” de Venecia said.

President Arroyo called for animmediate and thorough review ofthe country’s political structure asshe supported Charter reform inher much-applauded State-of-the-Nation Address last July in orderto create political stability topromote economic growth.

The President later issued anExecutive Order creating theConstitutional ConsultativeCommission (ConCom) headed byformer University of thePhilippines President Jose Abueva,a strong advocate of federalism.The Commission started work lastSeptember and has until December15 to submit to the President itsrecommended amendments after aseries of nationwide consultations.

De Venecia said the plenarydebate in Congress and theCommission’s work can proceedsimultaneously.

Press Secretary Ignacio Bunyesaid “its creation is not meant tosupplant or hinder the work ofCongress but to support it bybringing the debate directly to theattention of our people.” DionyP. Tubianosa

Continued from page 1

Research, Production & Circulation: Cynthia A.Bagaforo, Virginia B. Rizardo, Maricar S.Magbitang, Vanessa T. Valdez, Fedes Maria C.Cruz, Crispin E. Mendiola, Rey A. Sinco, FedericoGarcia

Design and Lay-out: Waldemar T. Alvarez

Photography: Tobias F. Engay, Jeremias E. Ereño,Perfecto C. Camero, Marceliano C. Achanzar

Entered as second class mail matter at the BatasanPambansa Post Office. All rights reserved.

After the longestmarathon session in thepost-war history of thePhilippine legislature, theHouse affirmed September 6the Justice Committeereport dismissing all threecomplaints to impeachPresident Arroyo.

The roll-call vote, whichcommenced at about 3:40a.m. and took all of 13 hoursto complete, was 158 infavor and 51 against with sixabstentions. In theaftermath, Speaker deVenecia and senior Houseleaders immediately calledfor a “period of healing andreconciliation.”

Here is how eventsunfolded in the House, muchof it reported widely inmedia. We have providedother developmentshappening in thebackground that led to thecomplaints’ “decisive end.”

CONGRESSMAN Antonio V.Cuenco, leader of the PhilippineDelegation to the 26th ASEANInter-Parliamentary Organization(AIPO) held in Vientiane, Laos onSeptember 18-23, accepted thepresidency of the regionalparliamentary institution in behalfof Speaker Jose de Venecia, Jr. whowas then in the United Statesattending various meetingsincluding the UN Summit ofSpeakers of Parliament.

In accepting the presidency ofAIPO, Cuenco underscored theneed for greater cohesion andcloser cooperation among themember parliaments in order totranslate the resolutions of AIPOinto concrete action.

“It is high time that AIPOtransform itself from aninnocuous resolution-passingsocial gathering to a moreeffective and closely integratedinstitution that would implementresolutions to benefit directly theparliaments’ constituents,”Cuenco stressed.

Among other vital issues, he

said, member parliaments couldagree to pass a resolution callingfor an extradition treaty or asimilar administrative mechanism,to go after drug traffickers andbring them to justice.

Cuenco also spoke aboutpolitical, economic, and socio-cultural cooperation; and hailedthe role of womenparliamentarians in bringingabout socio-economic progress intheir communities.

The Philippine presidency ofthe AIPO will focus on theseconcrete steps in order for AIPOto become a realistic and relevantorganization, he said.

The Philippine Delegation tothe 26th AIPO General Assemblywas composed of the followingmembers of the House: Hon.Antonio V. Cuenco, leader of thedelegation; Hon. Roque Ablan,Jr.; Hon. Vincent Garcia; Hon.Eduardo Zialcita; Hon. MilagrosMagsaysay; Hon. EulogioMagsaysay; Hon. RodolfoAntonino; Hon. Iggy Arroyo andHon. Josefina Joson.

RP takes AIPO presidency

RP ASSUMES AIPO PRESIDENCY. Cebu Rep. Antonio Cuenco (4th from left),leader of the Philippine Delegation to the just concluded 26th ASEAN Inter-Parliamentary Organization meeting in Vientiane, Laos, presents to SpeakerJose de Venecia the AIPO gavel symbolic of the Speaker’s assumption to theAIPO presidency earlier received by Cuenco in behalf of de Venecia. Thedelegation included (from left) Reps. Ma. Milagros Magsaysay, RodolfoAntonino, Eulogio “Amang” Magsaysay and Josefina Joson. Also shown areDep. Sec-Gen. Josefina Azarcon and IPRS Exec. Dir. Natalia Fernandez.

Leny Achanzar

The United NationsDevelopment Program (UNDP)and various Asian and Europeanheads of parliament also gave theirendorsement following de Venecia’spresentation of the action programat the UN Summit of Speakers ofParliaments in New York lastSeptember and before seniorofficials of the InternationalMonetary Fund in Washington DC.

President Gloria Macapagal-Arroyo also strongly endorsed thePhilippine debt-for-equity programto world leaders during herunprecedented address at theSecurity Council and the Inter-faith Summit and the UN-ASEANSummit at the UN headquarterslast September.

From New York, de Veneciaflew to Washington DC where hehad a grueling schedule of meetingsto explain his proposal.

He addressed the US ASEANBusiness Council and the highlyinfluential Heritage Foundation,the leading conservative think-tankin the US with ties to theRepublican Party, and hadsuccessive meetings with Inter-American Development Bank

Executive Vice-President DennisFlannery; Eximbank ActingChairman and President JimLambright; Ambassador RichardSolomon of the US Institute forPeace; US Director of NationalIntelligence John Negroponte;Undersecretary Josette Shiner ofthe US State Department; seniorRepublican Sen, Richard Lugar,senior Democratic Sen. DanielInouye and officials of the WorldBank.

In perhaps his most importantappearance, he addressed seniorIMF officials led by three deputymanaging directors at the IMFauditorium where he fieldedquestions on the details of hisproposal in a session that lasted twohours.

A luncheon was later tenderedin de Venecia’s honor by IMFdeputy managing director AgustinCarstens who said the proposalraised new ideas that need to beworked out “to see if these canmove forward in the future.”

Later, Foreign SecretaryAlberto Romulo called theUNESCO support for the debt-for-equity and interfaith initiatives “asignificant step towards securing

Continued from page 1public or segment thereof, or ofcoercing or intimidating thegovernment to do or refrain fromdoing an act.”

The joint Committee Reportprovides for stiff penalties such asimprisonment of not less than six(6) years and one day to 12 years

and a fine, ranging from P50,000to P100,000 and from P5-millionto P10-million as qualified underthe provisions of the proposed Actand/or perpetual disqualificationfrom public office in case theviolators are public officials,employees or agents ofgovernment, or deportation after

serving sentence if the offender isan alien.

Under the draft bill, the Statewould consider as an act ofterrorism any of the following asperpetrated by any person or groupof persons, whether natural ofjuridical:

1. Threatening or causing

death or serious bodily harm to aperson or persons;

2. Threatening or causingserious risk to health or safety ofthe public or any segment of thepublic;

3. Threatening or causingsubstantial damage or wantondestruction or resorting to arsonon critical infrastructure orproperty, public or private;

4. Causing serious orunlawful interference with orserious unlawful disruption of anessential service, facility or system,whether public or private;

5. Hijacking or threateningto hijack any kind or aircraft,electric or railroad train,locomotive, passenger bus or othermeans of mass transportation, orpublic conveyance, or piracy of shipor sea vessel;

6. Taking or threatening tokidnap or deprive any person ofhis/her liberty;

7. Killing or violentlyattacking an internationallyprotected person or depriving theliberty of such person in violationof the Convention on theProtection and Punishment ofCrimes Against InternationallyProtected Persons, includingDiplomatic Agents, and otherinternational agreements;

8. Attacking or threateningto attack the cyberspace, bydestroying the actual machinery ofthe information andcommunication infrastructure,disrupting the informationtechnology underlying the internet,government or private networks orsystems, or committing anyunlawful act against networks,servers, computers or otherinformation and communicationsystems;

9. Willfully destroying thenatural resources in land, waterand air, such as forests or marineresources, or intentionally causingoil or toxic spillages, or othersimilar acts of destruction againstthe environment that threatensecological security;

10. Unlawfully manufacturing,processing, selling, acquiring,possessing, using, diverting,supplying or transporting chemical,biological, radiological or nuclearagents, or equipment andinstruments used in theirproduction, distribution, release orspread that would endangerdirectly or indirectly the safety ofone or more individuals, or tocause mass destruction or greatdamage to property; or

11. Unlawfully manufacturing,

Continued from page 1

AUGUST 10First committee

hearing suspended

The House JusticeCommittee postpones itsfirst-ever hearing on theimpeachment complaintsagainst President Arroyodue to crampedvenue andbickering overrules.

AUGUST 16Hearing resumes

After four hours ofdiscussion overprocedures, thesecond hearing endswithout resolvinganything.

AUGUST 17Debatescontinue

Debates continue onwhether thecommittee shouldfirst decide on theprejudicial questionsor proceed to thedeterminationof form andsubstance.

JUNE 27First complaint filed

Lawyer Oliver Lozano filesa verified impeachmentcomplaint against Pres.Gloria Macapagal Arroyo,endorsed by Rep.Rodante Marcoleta (PartyList, Alagad). On July 4, asecond complaint islodged by lawyer JoseLopez, endorsed by Rep.Antonio Alvarez (1st

District, Palawan).

A DECISIVE END

Continued on page 6

AUGUST 30Walkout ends 6th hearing

Justice Committee Chairman Rep.Simeon Datumanong rules an end todebates and calls for a vote on whichof the three impeachment complaintsshould be admitted. The Committeevotes on the first of two “prejudicialquestions” which will determinewhether the opposition’s chargesagainst thePresident constitutea separate anddistinct complaint.The resulting 52“yes” votes versus two“no” votes triggers awalkout by minoritycongressmen.

AUGUST 24

From sevenquestions to two

The Justice Committee cutsdown the original sevenprejudicial questions to two.First, is the amendedcomplaint endorsed by theminority a separatecomplaint instead of anamendatory one? Second,is the amended complaintbarred from considerationby the one-year rule (whichprovides that noimpeachment proceedingsshall be initiated against thesame official more than oncewithin a period of one year)?

JULY 25Amendedcomplaint

An amended version ofthe first impeachmentcomplaint is filed byLopez, other lawyersand severalcongressmen,endorsed by Reps.Satur Ocampo, RafaelMariano, CrispinBeltran, Joel Virador,among others.

AUGUST 10Sevenquestions

Rep. Edcel C.Lagman enumeratesseven very relevantquestions or issueshe says must first bedebated upon andresolved todetermine whichcomplaint orcomplaints shall besubject to thejurisdiction of theJustice Committee.

AUGUST 23

First votingheld

The House JusticeCommittee junks theappeal of pro-impeachmentcongressmen to startdeliberation on allthree referredimpeachmentcomplaints, voting54-24 in favor of firstresolving sevenprejudicial questionsconcerning thecomplaints, claimingvictory of the rule oflaw.

August 1

Ex- Palace aide cries briberyMichaelangelo Zuce, a former aide toPresident Arroyo’s political adviser, whoworked at the Presidential Liaison Officefor Political Affairs, claims PresidentArroyo had met with several electionofficials at her own house and saw thewife of a suspected jueteng barondistributing what he assumed to bebribes to the officials before the voting.

August 9

“Exorcism”Two priests and Akbayan membersof Congress perform “exorcismrites” at the Batasan Pambansabuilding to rid it of evil spirits onthe eve of the impeachmentHearings against Pres. Arroyo.Other congressmen angrilydenounce the act as self-righteousand disrespectful.

global peace and equitabledevelopment.”

The UNESCO “is using itsvaluable moral influence to assistindebted developing countries inachieving peace and developmentgoals, especially through education,science and culture,” Romulo said.

De Venecia’s programproposes to convert 50 percent ofthe debt-service receipts of lendinginstitutions and multinationalcommercial banks into “equitydevelopment and anti-povertyprojects that poor countries areundertaking to meet their nationalMDG goals over 2005-15.”

The MDG projects that debtorcountries like the Philippines canoffer as objects of debt-for-equityinvestments are reforestation, masshousing, energy, eco-tourism,irrigation and post-harvestfacilities, land reclamation andwealth-creating projects andeducation and culture, de Veneciasaid.

“If the global community is torealize its MDG vision of halvingthe world’s most abject poor in tenyears’ time, it will need theconcerted action of the richestcountries,” de Venecia said.

Debt-for-equity plan ‘catches fire’World leaders’ endorsements pour in

Speaking at the World Summit of Speakers of Parliament atthe United Nations General Assembly plenary hall, HouseSpeaker Jose de Venecia unveiled before top parliamentaryleaders his proposal to ease the debt burden on some 100middle-income developing nations. The Inter-ParliamentaryUnion (IPU) led by its president Sen. Sergio Paez Verdugoof Chile vowed to tackle the Philippine leader's global debt-for-equity in MDG projects at its next executive councilmeeting in Geneva this October. The Paris Club which iscomposed of 21-member nations including the powerful G-8welcomes the proposal. De Venecia’s well-applauded six-minute speech also earned favorable response from UNSecretary General Kofi Annan calling the proposal “a creativeway of approaching the issue of external debt.”

Acts of terror listed; penalties set

Elmer G

. Cato

Goodbye to presidential system?Goodbye to presidential system?Goodbye to presidential system?Goodbye to presidential system?Goodbye to presidential system?

House votes 158-51vs. impeachment

House Members dismissthe impeachmentcomplaint in a record-setting 23-hour marathonsession. The final tally isannounced by DeputySpeaker Gerry Salapuddin:158 for upholding thecommittee on justice reportdismissing the threecomplaints, 51 against it,

with six abstentions.

SEPTEMBER 6

Research by Virge R

izardo

Jerry Ereño

August 24

Lawmaker withdraws signatureRep. Eulogio Magsaysay (Party List,Association of Volunteer Educators)withdraws his signature from the pro-impeachment complaint weeks after revealingthat administration congressmen attemptedto bribe him to prevent him from signing theimpeachment complaint. Magsaysay says hesuffered sleepless nights since he signed thecomplaint.

Paneldismissescomplaints

The JusticeCommittee decidesto dismiss the impeachment complaintagainst President Arroyo. It voted todeclare insufficient in substance theimpeachment complaint filed by lawyerOliver Lozano, although it was found tobe sufficient in form. Lawmakers alsoresolved that the same committee isbarred from considering theimpeachment cases filed by lawyerJose Lopez and the amended complaintsubmitted by the minority. Finally thecommittee report was approved andsent to plenary.

AUGUST 31

Leny Achanzar

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5October 20054 October 2005

Will a shift to a unicameral system benefit us?

If the basis for makingan answer is the

apparent socio-economic andpolitical advantage or advantagesreaped by neighboring countriesin Asia— which apparentlyadopted this type of government—

In terms of legislativework, the shift to

unicameralism will make a bigdifference.

First, the question of costsand savings is too clear for anyargument. A two-chamberlegislature will certainly be moreexpensive to operate and maintainthan a one-chamber system. It isas simple as that.

Now the important concern.Under present-day practice andexperience, legislation on abicameral basis means that no lawcan succeed unless one chambercooperates or that a “legislationthat passes one chamber is notguaranteed to pass the other.”This may not be what a bicameralstructure—a House ofRepresentatives and a Senate,which are totally separate andequal in power, but completelydependent on each other to passlegislation—envisions, but this isthe unfortunate reality. And thisreality must be addressed to avoidhaving two armies—the Houseand the Senate—in battle.

The relevant strength built intoa unicameral structure denies thepossibility of having two armiesbattle against each other toachieve the same objective.Because in a unicameral system,

Yes, because it will expedite thelegislative process. This meansthat we do not have to go to the“layering.” Look at a bill that isfiled. First, it will be discussed inthe committee. Second, it will bepresented to the floor for plenarydebate. Once the bill is approvedfor third reading, it is transmittedto the Senate where the bill willbe considered in the samemanner. Then it will be presentedin the bicameral conferencecommittee meeting to settle orreconcile conflicting provisions inthe bill. Thus, it will be better ifthere would just be one body thatwould perform these legislativeactions and carry out theimplementation. Considering thatour country needs a massiveuplift in its economic problems,the unicameral parliamentarysystem would provide for thespeedy passage of laws and willeliminate the time-consumingprocess of having two separatedeliberations. The setback,however, in this form ofgovernment is that the primeminister will be elected by themembers. Since a fewer numberwill elect the head of the state,there will be a suspicion that theleadership can be bought.Interview by Michelle M. Sapnu

What we are in moreurgent need of today is

not a quick shift in the form ofgovernment, but a radical changein our mindset.

What good would a changein system do, if the same will stillbe composed of and run by thesame people?

A presidential system ofgovernment—supported by abicameral legislature andindependent judiciary—is good,intrinsically. It has been oursystem for most parts of our recenthistory. It has its strengths, but Imust admit that it also has itsdrawbacks as well. The results ofthe recent impeachment caseagainst President GloriaMacapagal Arroyo would showthat.

In that impeachmentproceeding, we all witnessed hownumbers can subvert the truth,and overwhelm efforts to hold noless than the Presidentaccountable for her actions.

Can this predicament besquarely addressed and avoidedif we shifted to a unicameralparliamentary form ofgovernment? Doubtful will be themost civil answer that I can give.

As long as patronage politicscharacterizes decision-making

I think i t is longoverdue. The

presidential form of governmenthas been with us for a long timeand it has not shown any benefitfor our country. It is about timethat we try parliamentary as it hasbeen proven successful in manyother countries. For one thing, thepresent crisis that the country isfacing could have been avoidedbecause there will be no need forthe minority to agitate the peopleto remove the president. If thereis loss of confidence inleadership, the party can justchange the president withouthaving to go into people’s poweror coup de etat . Moreover,legislat ion wil l be moreresponsive and faster. Now,where the two Houses exist—theHouse of Representatives andthe Senate—many bills alreadyapproved in the House on thirdreading may not even be touchedin the Senate. With a unicameralparliament this will be avoided. Ifa bill is approved on third reading

at the risk of beingsimplistic, you would

have the Senate and theHouse that we have today in

one legislative battleground withone set of rules and procedures.The concept and workings of theprinciple of check and balance isnot diminished. Nor is the idea ofa parliamentary opposition, theminority facing the majority,rendered less meaningful. Theonly difference is that all this willnow be within one body, thusavoiding the “one-house veto,” apractice nurtured by the existingbicameralism that we have, whichhas spelled the death of manylegislative proposals.

This is not to say thatunicameralism will lessen thepractice of the art and science ofcompromises and bargaining—the decisions to do things one wayrather than another in order toattain certain objectives thatcharacterize a bicameral systemof legislation. Such legislativepractices will be very much alivebut in an atmosphere where thereis greater prospect of promptcongressional action, where thedifferences in perspectives andconstituencies—as argued in abicameral system —will no longerbe a negative factor.

Neither is it implied that thereis a casual relationship betweenunicameralism and good (or more)laws and between bicameralismand inferior (or fewer) legislations.What is simply assured in aunicameral system, with onelegislative “rites of passage,” is agreater opportunity for a moreresponsible and a moreresponsive legislative work.Interview by Victoria Palomar

and considering further that thePhilippines belongs to the samegeo-political environment, it wouldseem that all indications point tothe fact that it would be favorableto the country. The argument thatit was favorable for theneighboring countries on the basisof the growth they have exhibitedin the last 15 years or so—andconsidering further how we lagged

behind in performance, economicand otherwise—seem to favor theshift to parliamentary system.

We have tried for so long thePresidential system, the systemwith which I was born to. Iremember the first book I read inthe 1960s. You know, I was aproduct of public education. As amatter of fact, we only had onebook when I was in Grade 1. Inthe inside back cover is anadmonition by the President of thePhilippines, Diosdado Macapagal.He said, “You take care of thisbook because this will be used byyour brothers and sisters afteryou.” That was my first encounterwith the presidential system. Weare stil l with the presidentialsystem but we have not, I think,gone into the kind of developmentthat our people long for in general.

In particular, theparliamentary system addressesthe problem of bureaucracy—toomuch red tape for too small publicservice. The concept of checksand balances, which is a featureof the presidential system, couldbe more than offset by the swiftdelivery of basic services to thecommon people—the mostconcrete manifestation of publicwelfare. Interview by Abigail M.Macabeo

in the House that wil l beequivalent to have passed thebill already. Interview byAbigail M. Macabeo

and state governance, noshift to any form ofgovernment will beviable, even necessary.What we need is a newbreed of polit icsanchored on a genuinedesire to render publicservice, one that stronglyadheres to the principlesof good and honestgovernance.

This will definitelynot happen overnight.The shift will be gradual,as it wil l require acontinuing change inattitude and mindsetamong those inposition to govern. Ihope the emergingcrop of young politicianswould rise to thischallenge. Interview byMelissa M. Reyes

Deputy SpeakerREP. RAUL V. DEL MAR

(1st Dist., Cebu City, LAKAS)Rep. SIMEON L. KINTANAR

(2nd Dist., Cebu, NPC)

Rep. RODANTE D. MARCOLETA(Party-List, ALAGAD)

Rep. DANILO E. SUAREZ(3rd Dist., Quezon, LP)

Rep. AGAPITO “BUTZ” A. AQUINO(2nd Dist., Makati City, LDP)

T h epr inc ipa l

identifying trait of apresidential form ofgovernment is thedoctrine of “separationof powers.” Inherent insuch doctrine is theprinciple of checksand balances. Inlegislation, the

executive and thelegislature could check

one another and balancethe exercise of political

power.In a parliamentary

form of government, theseparation of powersbetween the Executiveand the Legislature is

Rep. EMMYLOU “LALA” J.TALIÑO-SANTOS

(1st Dist., North Cotabato,Nacionalista Party)

lost, as members of the executivearm are simultaneously membersof the legislature. The structure issuch that the executive arm aswell as the Prime Minister, ineffect, would remain in power onlyinsofar as it enjoys the support ofthe majority of the legislature.However, in their hands also liesthe power to dissolve thelegislature and call for newelections. This is the controldevice one has against the otherto demand immediate politicalresponsibility.

The desire to shift mustassume that the present state ofthe Philippine political set-up ismature enough, both in theleadership and the electorate, tomeet a change. The shift would

“The unicameralsystem denies thepossibility ofhaving twoarmies battleagainst eachother to achievethe same

objective.”

“It is longoverdue. Thepresidentialsystem hasnot shownany benefitfor ourcountry.”

“The growth ofour neighboringcountries seem tofavor a shift tothe parliamentarysystem.”

“What good would a change insystem do, if the same will stillbe composed of and run by thesame people?”

“Considering that our countryneeds a massive uplift in itseconomic problems, the

unicameralparliamentarysystem wouldprovide for thespeedy passageof laws.”

“A unicameral systemworks faster.”

If Speaker Jose de Venecia Jr. were to choose, he would ratherhave a one-chamber parliament, rather than two Houses ofCongress.

The Speaker has been vocal and clear about his stand for more than a decadenow.

He said our presidential system was all right at first, having been ably supportedand guided by the US’ still-strong presence when the Philippines was rising on its feetand setting up its own government.

But the country’s turbulent recent past and troubled experience with thepresidential system is increasingly becoming eloquent proof that it cannot work tothe benefit of the people, he said.

In proposing a shift to parliamentary, he pointed out that our country has lagged

behind Southeast Asian economies, whose governments are parliamentary and, insome cases, also federal.

To him, the present system is “very inefficient, very slow, and costly.” For example,in the 12th Congress, of the 1,200 bills the House has approved, only 173 have beenapproved by the Senate.

“A unicameral parliament will eliminate poor efficiency and wastage, makelawmaking more transparent, enact laws more quickly, avoid pasikatan and doaway with gridlock, duplication of efforts and constant battle between Senate andHouse.

“By amending the Charter, we will be able to provide a brighter future for youand your children, and spur development for our country to match our neighbors’prosperity,” he said.

Some Members of the House share their views:

be beneficial as the tediousprocess of legislation under abicameral form of Congress islessened. There will only be onebody approving a bill unlike nowthat two houses have to approvetheir own versions to come upwith an approved bill. In mostcases, the bicameral conferencecommittee has the last say whenthere is a variance in bothversions. In a unicameral system,though debates will remain, asecond round of debate iseliminated. As it is now, a bill isfiled, sponsored, deliberated, andapproved by two housesseparately. The legislativeprocess in a unicameral form isshortened and therefore fasterthan in a bicameral system.Besides, since poli t icalresponsibility is easier placed incase there is lack, failure orrefusal to legislate, the controldevice is an effective tool, if nota deterrent, against mediocrity inlegislation or abuse in legislativediscretions. Interview byRaymond G. Pasiliao

YES.

YES.

YES.

YES.

NO.

YES & NO.

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6 October 2005

Kabuhayan showcases high-quality local goodsBy Lilo F. Antonio

MORE THAN ah u n d r e de n t e r p r i s i n gf i r m sp a r t i c i p a t e dgathered for the

Congressional SpousesFoundation, Inc. (CSFI) annuallivelihood trade fair, dubbed“Kabuhayan 2005,” at theMegatrade Hall II, SM Megamallin Ortigas Center from September2 to 4.

CSFI Chairperson andPresident Gina de Venecia proudlypresented the vast array of productsfrom the different regions ofLuzon, Visayas and Mindanao toopening day guests led by PresidentArroyo. On display and sale wereembroidered piña and jusi fabricsfrom Aklan, intricate woodcarvings from Laguna, tasty kakaninfrom Bulacan, fresh and driedbangus from Pangasinan, bagnet andlongganisa from the Ilocos, sweet

Speaker Jose de Venecia with Central Bank Gov. Amando Tetangco Jr. andMrs. Gina de Venecia (3rd and 4th from left) prepare to cut the ceremonialribbon at Kabuhayan 2005. The three-day fair offered native quality productsfrom various regions nationwide. Assisting them are (from left) DTI Asec.Carissa Cruz, CSFI members DTI Usec. Nelly Villafuerte, Thelma Dumpit (partlyhidden), Aleli Arroyo, Melanie Alvarez, Dr. Pat Gonzalez, Betty Nantes, andVicky Ablan. DTI Secretary Peter Favila is on the front row.

DTI Secretary Peter B. Favila (left) welcomes President Arroyo at the Kabuhayan2005 National Livelihood Trade Fair held at the SM Megatrade Hall II, SMMegamall in Mandaluyong City last September 2-4. Also welcoming thePresident are DTI Asec. Carissa Cruz (2nd row, left), Mrs. Gina de Venecia (tothe President’s left) and Rep. Anna York Bondoc (front row, right). More thana hundred exhibitors participated in the annual fair.

pomelos from Nueva Vizcaya,handicraft from Ifugao, and manyother products, both traditionaland innovative.

Trade and Industr y

Undersecretary and CSFI memberNelly Villafuerte, who chaired“Kabuhayan 2005,” affirmed theannual event’s purpose to promotelocal products and boost the

production of quality goods for thenational and global markets.

Topping the opening day’sguest list, with the President herself(who enjoyed a tour of the booths

and sampled many products), wereSpeaker Jose de Venecia, Trade andIndustry Secretary Peter Favila, andBangko Sentral Governor AmadoTetangco.

ALARMED by reports that morethan 28 children, or more than onechild per hour every day, werebeing arrested and exposed tohuman rights violations while inprison, the House Committee onJustice passed House Bill 95 toguarantee the welfare andprotection of children in custody.

The Philippine Legislators’Commission on Population andDevelopment (PLCPD) revealedthat an average of 10,515 childrenare arrested and detained each year.The present law authorizes thearrest of children as young as 9years old. In response, the bill seeksto raise the age of criminal liabilityto 12 years old.

Worse, the DSWD reportedthat of the 4,544 children who werearrested and detained in 2003, 441were girls who were raped whiledetained, and young boys werebeing put in prison quarters withhardcore criminals and pedophiles,

and exposing them to the dangersof gang wars.

“Aside from increasing thecriminal liability to 12 years old, wehave also proposed theestablishment of residential carecenters for children/juveniles thatwould serve as rehabilitationhomes,” said Rep. Juan Edgardo M.Angara, principal author of the bill.

He added that under the billan Office of Juvenile Justice andDelinquency Prevention (OJJDP)will be created to oversee andsupervise the implementation ofthe comprehensive juvenile justicesystem law and ensurecoordination with governmentagencies and other institutionsfocused on juvenile justice anddelinquency prevention.

PLCPD and the JuvenileJustice Network Philippines (JJNP)are pushing for a comprehensivejuvenile justice and preventionpolicy, and are urging LGUs toprovide separate quarters foryouth offenders and forgovernment to create a separatejustice system for juveniledelinquents. The groups alsocondemn capital punishment forchildren. Isagani C. Yambot Jr.

Safer jailsfor kids sought

FIRST-TIME visitors to the House CommitteeAffairs Department (CAD) on the third floorof the Mitra Building will now find it easierto navigate their way around the variouscommittee offices.

An information desk has been installed atthe CAD office entrance to provide readyinformation on the CAD, including committeemembership listings, copies of newspublications, and others.

Almost all of the 57 standing committeesand 16 special committees hold office in theMitra Building. Michelle M. Sapnu

Infodesk greets committee visitors

ETHANOL, coconut husks andcogon grass are being eyed toreduce the country’s dependenceon imported fuel products.

House Bill 4629, sponsored byRep. Juan Miguel Zubiri (3rd Dist.Bukidnon), promoting ethanol asan alternative transport fuel,recently passed on second reading.The measure is expected to boostthe sugar industry and generatemore jobs while lessening toxic andgreenhouse emissions andgradually phase out the use ofharmful gasoline additives found tobe harmful to human health andthe environment as well.

The bill also stipulates that theDepartment of Energy (DOE) shalladopt a National Bioethanol FuelProgram that will implement amandated blending of gasolinewith a minimum of 5% bioethanolwithin two years from the approvalof this bill. A minimum of 10%bioethanol shall be blended withgasoline by the fifth year from this

measure’s effectivity.DOE experts said the use of a

5% ethanol fuel blend is expectedto lessen gasoline consumption by236 million liters resulting in $129million in foreign exchange savingseach year.

Ethanol is cheaper and moreenvironment-friendly, owing to itsderivation from crops such as corn,grain sorghum, wheat, sugarcaneand other agricultural feedstock,according to experts.

Meanwhile, Rep. Dante E.Suarez (3rd Dist., Quezon) ispushing for the mass productionand gasification of local rawmaterials like coconut husks andcogon grass as an answer to thecountry’s current oil crisis.Gasification is the conversion ofsoluble and suspended materialsinto gas with anaerobiccomposition. Suarez said theprocess is already being used infactories and industrial plants inEurope. Jacqueline R. Juliano

Indigenous fuelsIndigenous fuelsIndigenous fuelsIndigenous fuelsIndigenous fuelsto cut oil importo cut oil importo cut oil importo cut oil importo cut oil importststststs

CSFI Photos

selling, acquiring, supplying,disposing, using or possessingexplosives, bombs, grenades,projectiles, devices or other lethalweapons, or substances ormachinery used or intended to beused for the manufacture ofexplosives in furtherance of, orincident to, or in connection with,an act of terrorism defined herein.

The proposed Act alsoprovides penalties for the followinginstances of violations: conspiracyor proposal to commit terrorism;inciting to terrorism; and acts thatfacilitate, contribute to or promoteterrorism.

Datumanong said existingthreats from terror groups havemade the passage of an anti-terrorism act more necessary.

Quoting from Section 2 of thejoint report, he said: “Without anymeasure derogating from thevalues, rights and freedomsenshrined in the PhilippineConstitution, the State shall takeall the necessary measures toprevent, suppress, and penalizeterrorism as defined in theproposed Act.”

The proposed bill provides fora 72-hour detention period withinwhich the State must file formalcharges against any suspectedterrorist.

Compared to the anti-terrorism laws of other countries,the Philippines would have one ofthe shortest detention periodsbefore filing formal charges.Indonesia has 48 hours, Malaysiaand Thailand one year, andSingapore and the United States anindefinite period of detention,according to records.

Bill defines terrorismContinued from page 3

Committee staff in infodesk duty.

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7October 2005

A hi-tech way to keep peace in MuntinlupaA hi-tech way to keep peace in MuntinlupaA hi-tech way to keep peace in MuntinlupaA hi-tech way to keep peace in MuntinlupaA hi-tech way to keep peace in MuntinlupaBy Melissa M. Reyes

MUNTINLUPACity Rep.R o z z a n oR u f i n o“Ruffy” B.

Biazon is naturally drawn tomatters of peace and order.

His father, retired general nowSen. Rodolfo G. Biazon, is,likewise, keenly aware of the vitalrole peace and order plays insociety.

Says young Biazon: “Ourcities’ growth depends on the kindof business-friendly environmentwe create. Along with a goodbusiness climate is a sound peaceand order situation.”

Young Biazon also believesthat technology plays an importantpart in providing effective lawenforcement.

“I want to maximizetechnology to help our local policekeep our citizens safe and secure,”he said.

To prove his point, his districtbecame one of the first to use amodern crime monitoring system.Made possible through his“Kapayapaan Program,”Muntinlupa’s police station nowuses the Geographic InformationSystem (GIS) Web-Based CrimeMapping System to monitorincidence of crime in the city.

The modern P8-million systemwas turned over to the MuntinlupaPolice September 30 last year, andis now being configured accordingto the needs of the local police.

Implemented through theassistance of Amellar Corp., one ofthe countr y’s pioneers indeveloping IT solutions, the GISprovides local government unitsthe necessary technology forelectronic governance, like the GISSystem.

Amellar’s first product, theAutomated Real Property TaxAdministration System, is used bycities like Antipolo, Caloocan,Tagaytay, and Parañaque.

The GIS technology has threecomputers working as servers, sixcomputer workstations, sixprinters, a Local Area Network(LAN) and Wide Area Network(WAN), and GIS Software Tooland GIS customized applications.

Customized programs enableusers to perform tasks and

By Raymond G. Pasiliao

A FORTY-YEARold privacy lawhas capturedpublic attentionwith the recentcontroversy over

alleged recorded conversationsbetween a ranking Comelec officialand some prominent politicians,including the President herself.Enacted way back in 1965 underthe 1935 Philippine Constitution,Republic Act 4200 prohibits andpenalizes wiretapping and otherrelated violations of the privacy ofcommunication.

Considering its vintage, thelaw is quite outdated and is indesperate need of amendment orrevision, according to a number oflegislators, among them Rep.Crispin Remulla, Chairman of theCommittee on Public Information,who presided over thecongressional hearings on thealleged wiretapped tapes. RA 4200does not provide penalties for‘electronic’ wiretapping. Until it isrepealed, amended, or revised,however, RA 4200 continues to bein effect.

The Anti-Wiretapping Law wasenacted in consonance with theConstitutionally guaranteed right ofprivacy of communication. RA4200, entitled “An Act to Prohibitand Penalized Wire Tapping andOther Related Violations of PrivateCommunication and OtherPurposes,” prohibits the followingacts:• Tapping any wire or cable or

using any other device or

Court Order as an exceptionWiretapping or recording

private conversations may bepermitted when a peace officer orlaw enforcer is authorized bywritten order of the Court in casesinvolving the crimes of treason,espionage, provoking war anddisloyalty in case of war, piracy,mutiny in the high seas, rebellion,conspiracy and proposal to commitrebellion, inciting to rebellion,sedition, conspiracy to commitsedition, inciting to sedition, andkidnapping, as well as espionageand other offenses against nationalsecurity.

The Court Order authorizingthe tapping or recording shall onlybe issued upon written applicationand the examination under oath oraffirmation of the applicant andthe witnesses he may produce.

To secure the writtenauthorization from the court, theapplicant must be able to show thatthere are reasonable grounds tobelieve that any of the crimesreferred to above has beencommitted or are being committedor are about to be committed. In

cases involving the crimes againstnational security, written authorityshall be granted only upon priorproof that a rebellion or the acts ofsedition have actually been or arebeing committed.

The applicant must also beable to show that there arereasonable grounds to believe thatevidence will be obtained essentialto the conviction of any person for,or to the solution of, or to theprevention of, any of the saidcrimes; and that there are no othermeans readily available forobtaining such evidence.

Eminent constitutionalist Fr.Joaquin Bernas opines that anotherexception to RA 4200 would liewhen the information or mattersto be divulged are of great publicconcern, citing the American caseof New York Times v. United Statesdecided by the United StatesSupreme Court.

InadmissibilitySection 4 of RA 4200 provides

that any wiretapped materials orany information secured by anyperson in violation of the Act shallnot be admissible in evidence inany judicial, quasi-judicial,legislative or administrativehearing or investigation. Theprohibition illustrates the doctrineof “fruit of the poisonous tree,”meaning that evidence discovereddue to information found throughillegal means may not beintroduced in any proceeding.

Supreme court rulingsIn the case of Gaanan v. IAC,

the Court ruled that listening in

on a telephone conversationthrough an extension phone doesnot violate RA 4200, an extensionphone not contemplated by the lawas one of the devices used inwiretapping.

As held by the Court, anextension telephone cannot beplaced in the same category as adictaphone, dictagraph or theother devices enumerated inSection 1 of RA 4200, as this casewas installed for ordinary office useand not for tapping others’conversations, on the one hand.On the other hand, the case ofRamirez v. Court of Appealsinvolved a transcript of a telephoneconversation which was sought tobe introuced in court by one of theparties to the conversation. TheSupreme Court denied thispetition, stating that RA 4200makes it illegal for any person notauthorized by all the parties to anyprivate communication to secretlyrecord such communication bymeans of a tape recorder.Consequently, even a party privy toa communication who records hisprivate conversation with anotherwithout the knowledge of the latterviolates the law.

Balancing of interestsStriking a balance between the

right of privacy of communicationand freedom of expression is adifficult task, yet Fr. Bernas is ofthe opinion that privacy concernsmust give way when balancedagainst the interest ofdisseminating information ofparamount public importance.

Protecting Privacy of Communication

RA 4200: The Anti-Wiretapping Law

Continued on page 8

Peace and order is the key to a robust economy, saysMuntinlupa City Rep. Ruffy Biazon.

activities like tag vector data toexternal databases, conduct searchand geographic queries oninformation including land area,population, road type, crimescenes, police force ef fectivecoverage, and crime trends.

Specifically, the GIS enablesMuntinlupa Police policymakers

to view, explore, and analyze databy geographic location anddiscover concealed crime patterns,relationships and trends that arenot normally evident in textualformats.

Besides orientation on thesystem’s software and hardware,qualified Muntinlupa lawenforcers will also be trained in allcrime mapping applications, andgiven technical support for a yearuntil they have mastered thetechnology.

Trainees will be givendocumentation like User’sManuals, technical references,training materials and standardoperating procedures (SOP) andpolicy recommendations.

Biazon says proudly : “I amconfident that this newtechnology will make our policemore efficient in their reporting,more proactive in preventingcrime and more effective indeploying resources in the eventof an emergency.”

arrangement to secretly overhear,intercept or record a privatecommunication or spoken word,• Possessing any tape, wire,

disc or other record, or copies, ofan illegally obtained recording ofa private communication, knowingthat it was illegally obtained• Replaying an illegally

obtained recording for anotherperson, or communicating itscontents, or furnishing transcriptsof the communication, whethercomplete or partial• Acts of peace officers

violating provisions of RA 4200 onthe proper procedure for securingand implementing a court orderauthorizing the wiretapping of aprivate communication• Wilfully or knowingly aid,

permit or cause to be done the actsproscribed.

It must be noted that RA 4200does not only prohibit the tappingof telephone lines to listen in ontelephone conversations, but alsocriminalizes any act of using anyother device or arrangement tosecretly overhear, intercept, orrecord private communications.

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8 October 2005

Interview with Majority Leader Prospero C. Nograles

PENALTY FOR PRIVATEOR UNAUTHORIZED USEOF OFFICIAL MAIL P500

TO POSTMAN: PLS. DELIVER TO ADDRESSEE OR CURRENT OCCUPANTPUBLISHING AND DESIGN SERVICE, PUBLIC RELATIONS AND INFORMATION DEPARTMENT, HOUSE OF REPRESENTATIVES

BATASANG PAMBANSA COMPLEX, CONSTITUTION HILLS, QUEZON CITYTEL. NOS. 9315335 and 9315001 LOCAL 7651 OR 7552

HON. JOSE C. DE VENECIA JR.OFFICE OF THE SPEAKERHOUSE OF REPRESENTATIVESCONSTITUTION HILLS, QUEZON CITY

For updates, visit www.congress.gov.ph

‘Fairly certain on 3 top measures’

provided P13.1 bil l ion asCompensation Adjustment Fundfor salary increases of governmentemployees as well as other ‘specialpurpose funds’ such as the P181-bil l ion Allocation for LocalGovernment Units and thePension and Gratuity Fund worthP52.5 billion.

P1-trillion budgetContinued from page 1

Neri said government isinvesting heavily on job creation,education, health care, power andelectrif ication, roads andtransportation infrastructure nextyear, in support of PresidentGloria Macapagal Arroyo’s 10-point agenda laid out in theMedium-Term PhilippineDevelopment Plan (MTPDP).

Under the new programs, hesaid P4.8 billion have been set

aside for unpaid premiums to theGovernment Service InsuranceSystem and other GFIs to improvethe services and benefits extendedby these entities to civil servants.

Neri said the proposed budgetis consistent with the deficit targetof P124.9 billion or 2.1 percent ofGDP, which is lower than thisyear’s deficit of P180 billion or 3.4percent of GDP and last year’sP187 billion or 3.9 percent of GDP.

Debt service in next year’sproposed national budgetcornered P340 billion, on the onehand, he said. On the other hand,Andaya noted that the P340-billion budget for interestpayments is P38.3 billion biggerthan the P301.7-billion authorizedfor the same purpose in this year’sGAA.

Broken down by expenseclass, Neri said the other “big

The case of De Jonge v. Stateof Oregon, decided by the U.S.Supreme Court in 1937, is still inpoint:

“The greater the importanceof safeguarding the communityfrom incitements to overthrow ofour institutions by force andviolence, the more imperative is theneed to preserve inviolate theconstitutional rights of free speech,free press and free assembly inorder to maintain the opportunityfor free political discussion, to theend that government may beresponsive to the will of the peopleand that changes, if desired, maybe obtained by peaceful means.

“Therein lies the security ofthe Republic, the very foundationof constitutional government.”

Anti-Wiretapping LawContinued from page 7

WITH adisarmingsense ofhumor, witand charm

that can be devastatinglyeffective, Rep. Prospero Nogralesof Davao City has come a longway from a quiet start asMajority Leader in July 2004,when the 13th Congress opened.During the First RegularSession, he shepherded vitalpieces of legislation—mostlyunpopular revenue-generatingmeasures the governmenturgently required to reduce thebudgetary deficit and put thecountry’s financial house inorder. A major political ally ofSpeaker Jose de Venecia and thepre-eminent political leader fromMindanao in the 13th Congress,his rise in stature coincided withthe onset of perhaps the mostdifficult challenges faced by theHouse leadership.

The FThe FThe FThe FThe Forumorumorumorumorum asked himabout his views on some of thesechallenges. Excerpts:

What are the legislativepriorities of the House in theimmediate post-impeachmentperiod?

We are movingsimultaneously on three fronts.First, we must pass the P1-

trillion General AppropriationsAct by mid-November to give theSenate ample time to debate andapprove the measure beforeChristmas. The Houseleadership is committed to themeasure’s speedy approval.Second, the latest suicidebombing in Bali, Indonesia hasmade approval of the Anti-Terrorism Act this year all themore critical. We need tostrengthen the government’shand in defending our people—and the Republic—fromdisruptive and lethal actions byextremists. The Bali bombingsprove that regional terrorismremains a major threat tonational security and ourpeople’s safety. Finally, we haveto buckle down to work and

debate in plenary the concurrentresolution—sponsored by theHouse Committee onConstitutional Amendments—seeking to amend the 1987Constitution.

That’s a busy schedule forthe rest of the year for theHouse. What’s the best-casescenario?

We’re fairly certain thatthese three pieces of vitallegislation will move accordingto our expectations. The variouscommittees have wrapped upaction on the anti-terror andcharter reform measures and theAppropriations panel is windingdown its hearings. We haveconsistently shown in this Houseour willingness to go onextended sessions if dutyrequires to approve measuresthat are vital to our country andpeople.

What’s the latest on thereorganization of some Housecommittees?

It has always been theSpeaker’s decision, upon properconsultation with members ofthe majority coalition, who toname chairmen of the Housecommittees. This is hisprerogative as leader of thischamber and a long-standingtradition in this institution. But

we are stressing the need forproper consultation withmembers of the MajorityCoalition to listen to themembers’ views. Once theleadership has made a decision,it is incumbent upon coalitionmembers to defend it.

What policy will theleadership use as basis for itsdecisions?

The policy of proportionalrepresentation—that no partyshall get more or less—than whatit is entitled to.

This is proving to be anextremely difficult process?

Admittedly it is. But werecognize that coalition buildinginvolves these difficulties. This iswhat makes it a challenge and anextreme test of outstandingleadership.

Executive Order 464 hasraised new tensions betweenMalacañang and Congress.What is the stand of the Houseon EO 464?

The matter ofconstitutionality of the EO 464has been raised to the SupremeCourt. We reiterate our viewthat the House shall continue toexercise its inherent duty toinvite the executive heads andofficers “in aid of legislation”and by virtue of the people’sright to public information. Werecognize that respecting therights of witnesses and resourcepersons appearing before theHouse is a limitation upon its

executive powers to investigateand hear executive officers evenin Executive session.

On this principle theHouse has continued itscongressional hearings?

We maintain that the Houseshall respect the ExecutiveDepartment’s prerogatives andexpect it to equally respect theprerogatives of the House ofRepresentatives.The House hasnot used its congressionalhearings for partisan politicalpurposes...and has never abusedwitnesses or shown disrespect forthe rights of those who appearbefore the House committees.

ticket” items are “personalservices” or payroll for the 1.1million national governmentemployees amounting to P330.5billion, up by P42 billion from thecurrent level. Local governments’share from national taxes willclimb to P166.5 billion from thisyear’s P151.6 billion, partlysourced from projected incomefrom the E-VAT law. Diony P.Tubianosa