Author: teambam

SRN-760: Anti-Hazing Law

RESOLUTION DIRECTING THE APPROPRIA TE SENATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE RECURRENT DEATHS DUE TO HAZING OR OTHER INITIATION RITES WITH THE END VIEW OF AMENDING THE PROVISIONS OF REPUBLIC ACT NO. 8049 OTHERWISE KNOWN AS THE ANTI-HAZING LAW

Whereas, the Anti-Hazing Law of 1995 prohibits physical violence during initiation rites of fraternities and similar organizations and penalizes with life imprisonment activities that result in “death, rape, sodomy or mutilation.” Under the law, if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals;

Whereas, no hazing or initiation rites in any form or manner by a fraternity, sorority or organization shall be allowed without prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation. The written notice shall indicate the period of initiation activities which shall not exceed three (3) days, shall include the names of those to be subjected to such activities, and shall further contain an undertaking that no physical violence be employed by anybody during such initiation rites;

Whereas, on July 2012, Marc Andre Marcos, a freshman law student at San Beda College, was apparently beaten to death in a suspected hazing ritual by the Lex Leonum fraternity. On the same year, Marvin Reglos, also freshman law student at San Beda College died due to injuries allegedly sustained during hazing rites of Lambda Rho Beta. On September 2011, Nor Silongan, 16, a criminology student at Notre Dame of Tacurong College, succumbed from injuries inflicted during hazing rites of Tau Gamma Phi. On October 2010, Noel Borja, 17, an Alternative Learning Systems student, was found stuffed inside a plastic drum by the Pasig River near the Parol a compound in Binondo, Manila. On August 2010, the bruised body of 19-year· old EJ Karl Intia, a student of the University of Makati, was retrieved from a ravine in Sta. Maria, Laguna province, after undergoing initiation into Alpha Phi Omega;

Whereas, despite the express provisions of the Anti-Hazing Law, untimely and senseless deaths of neophytes occur almost every year. Another hazing death was reported last June 28, 2014. Guillo Cesar Servando, sophomore student of the De La Salle- College of St. Benilde, died due to severe beating allegedly inflicted by the members of Tau Gamma Phi fraternity during initiation rites of several neophytes;

Whereas, considering that there is a wanton disregard of the law, there is a need to review the provisions of the law in order to strengthen the regulation of the activities of fraternities and to effectively enforce the Anti-Hazing law;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an investigation, on the recurrent deaths due to hazing or other initiation rites with the end view of amending the provision of Republic Act No. 8049 otherwise known as the Anti-Hazing Law.
PDFiconDOWNLOAD SRN 760

SRN-762: Fiscal and Non-Fiscal Incentives to Foreign Investors

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE PROCEDURE OF REGISTRATION OF FOREIGN INVESTMENTS AND FEES IMPOSED BY GOVERNMENT AGENCIES IN ORDER TO RATIONALIZE THE ADMINISTRATION OF FISCAL AND NON-FISCAL INCENTIVES TO FOREIGN INVESTORS

Whereas, the Department of Trade and Industry, through the Bureau of Investments (BOI), is the agency responsible for the promotion of investments in the Philippines. BOI is mandated to assist Filipino and foreign investors to venture in desirable areas of economic activities;

Whereas, there are several laws governing investments in the Philippines. Among others, Republic Act No. 8756 provides for the terms, conditions and licensing requirements of regional, or area headquarters, regional operating headquarters and regional warehouses of multinational companies. On the other hand, Republic Act No. 7042 otherwise known as the “Foreign Investments Act of 1991” opened up more areas of Philippine economy to foreign investment but with the exception of the restrictions in certain nationalized enterprises under the Philippine Constitution. As much as 100% foreign equity is permitted in areas of activities not otherwise mentioned in the Negative List in the Foreign Investments Act;

Whereas, it is the policy of the State to attract, promote and welcome productive investments from foreign individuals, partnerships, corporations and governments, including their political subdivisions, in activities which significantly contribute to national industrialization and socioeconomic development to the extent that foreign investment is allowed under the Philippine Constitution and other relevant laws;

Whereas, foreign entities may opt to form their business as a domestic subsidiary, branch, representative office, regional headquarters or regional operating headquarters. Other forms of investments may be done through joint venture, purchase of shares in an existing domestic corporation, merger or consolidation, technology transfer arrangements or through a management contract with a domestic corporation;

Whereas, there are various permits, clearances and other requirements to be submitted to the different government agencies, depending on the form of business entity, before a foreign investor can register and do business in the Philippines. This includes business permit/licenses from local government units, environment compliance certificate from the Department of Environment and Natural Resources, Alien Employment Permit from the Department of Labor and Employment, tax identification number from the Bureau of Internal Revenue;

Whereas, the requirements vary not only based on the form of business entity, but also on the location where the business will be registered. The local government units may require the foreign investor additional requirements in addition to the locational clearance, lease contract, Mayor’s permit registration of building owner or landlord a real estate lessor or lease contract or the transfer of certificate of title, whichever is applicable, business name registration with the Department of Trade and Industry or articles of incorporation or partnership, as the case may be, barangay clearance and public liability insurance;

Whereas, the foreign investors also have to submit requirements depending on the type of business they will engage in the Philippines. Among others, the foreign nationals are required to present and/or submit their Resident Certificate, contractor’s license, National Grains Authority in case of dealer of rice/corn and wheat, accreditation certificate issued by the Department of Trade and Industry in case of auto repair shop, electronics, radio and other electrical equipment, Department of Labor and Employment in case of recruitment agency, Philippine Overseas Employment in case of manning and crewing services, Central Bank Authority in case of banking institution, pest control license issued by fertilizers and insecticides in case of pest control services, occupancy permits, future commodity merchant/broker’s license issued by the Securities and Exchange Commission;

Whereas, based on jurisprudence, the BOI as a policy-making body is charged with the duties, among others, of preparing an annual investment priorities plan that gives incentives to specific activities, of recommending to the Bureau of Immigration the entry of foreign nationals for employment purposes, and of inspecting registered enterprises for compliance purposes;

Whereas, the numerous permits/clearances and requirements, as well as the non-uniformity of fees being imposed, are burdensome for investor and may hinder the nation’s achievement of its investment and growth targets. There is a need to simplify the procedure of registration for foreign investors in order to promote investments in the Philippines;

Whereas, there are reported cases of harassment of foreign nationals doing business in the country and in effect, these instances discourage prime potential investments. Good governance is key in promoting ease of doing business. All forms of harassment and corruption at any level of government serve to weaken our national competitiveness and a stumbling block in sustaining economic development;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on the procedure of registration of foreign investments and fees imposed by government agencies in order to rationalize the administration of fiscal and non-fiscal incentives for foreign investors.

 

 

PDFiconDOWNLOAD SRN 762

SRN-809: Congestion in the Ports of Manila

RESOLUTION DIRECTING THE COMMITTEE ON TRADE, COMMERCE AND ENTREPRENEURSHIP TO CONDUCT AN INQUIRY, IN AID: OF LEGISLATION, ON THE ALARMING DISTURBANCE ON THE OPERATIONS OF LOCAL BUSINESS, IMPORTERS AND EXPORTERS DUE TO THE CONGESTION IN THE PORTS OF MANILA

Whereas, the State recognizes the indispensable role of the private sector, encourages private enterprise, and’ provides incentives to needed investments. It is also settled in jurisprudence that although the Philippine Constitution enshrines free enterprise as policy, it nevertheless reserves to the government the power to intervene whenever necessary for the promotion of general welfare;

Whereas, the different government agencies have yet to address the gridlock in the ports which already resulted in untimely delays in the shipment of goods. The prices of goods carried by importers and exporters have already been severely affected. The delays in the cargo deliveries also affected ‘the prices of agricultural products. Even manufacturers of fresh produce cannot fully ship out the goods due to possible spoilage because of long cues in the ports. Ultimately, Philippine exports have become highly uncompetitive;

Whereas, the problem on port congestion is not only exclusive to the Philippines but it has also hit other ASEAN countries such as Indonesia and Vietnam. Based on news reports, Saigon Newport proposed to the Vietnamese government diversion of traffic to alternate ports such as the two new ports of Ben Nghe and Phu Huu, as well as to upgrade the ports of Cat Lai port. This is similar to the Philippine government’s call to divert Manila shipments to the underutilized ports of Batangas and Subic;

Whereas, according to the Philippine Ports Authority (PPA). data showed that containerized cargo volume went down 3.12 percent to 418,204 twenty-foot equivalent units (TEUs) in April compared to the 431.654 TEUs handled in the same period last year due to the imposition of the day-time truck ban issued last February 2014. Foreign boxes declined by six percent to 247,5471″EUs wherein import boxes retreated by 4.16 percent to 131,095 TEUs while export boxes dropped 8.1 percent to 116,452 TEUs.;

Whereas, the Bureau of Export Trade Promotion under the Department of Trade . and Industry also said that the previous estimated 2013 export tally was at Php 76 Billion, with the growth range pegged between 5.8% and 7.2%. At the rate of the disturbance on the operations of local businesses, ~xporters and importers, the target for exports in 2014 might not be achieved. On the other hand, the Philippine Economic Zone Authority (PEZA) has reviewed its targets in the 8% growth in exports from PEZA administered ports due the problem on the congestion of ports;

Whereas, the decrease in trade volume affected the law on supply and demand, which resulted to abrupt price increases. Further, the inefficient operations of the ports had an adverse effect on free enterprise and the competitiveness of Philippine goods. With , , the upcoming ASEAN integration in 2015, there is a need to have immediate and long-term solutions to the problems on port congestion since the flow of goods had been restricted by the issuance of policy orders of the different government offices/agencies.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the Committee on Trade, Commerce and Entrepreneurship to conduct an inquiry, in aid of legislation, on the alarming disturbance on the operations of local business, importers and exporters due to the congestion in the ports of Manila.
PDFiconDOWNLOAD SRN 809

SRN-841: Mrt-3 Malfunction

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE FREQUENT ACCIDENTS CAUSED BY THE INEFFICIENT OPERATIONS AND MAINTENANCE OF THE METRO RAIL TRANSIT LINE 3 (MRT-3) WITH THE END VIEW OF ENSURING THE SAFETY OF ITS PASSENGERS

Whereas, the government heavily subsidizes MRT-3 with a maximum fare set at Php 14.00 from the first station (North Edsa) to the last station (Edsa-Taft). The riding public considers the MRT -3 as one of the most affordable means of public transportation in Metro Manila;

Whereas, last 26 March 2014, the passengers onboard MRT-3 were injured when its driver failed to observe the red light status at the Guadalupe station. The train accelerated without getting clearance from the control center. The MRT -3 is equipped with an automatic train protection system, which kicked in and locked the brakes of the train;

Whereas, despite the previous accidents, the management of MRT issued a statement that MRT-3 remains a safe mode of transport in Metro Manila. In the past few months, there had been computer glitches, which paralyzed a significant portion of MRT -3. This resulted to disgruntled passengers who experience more than hour-long queues at the MRT-3 stations especially during rush hours. Based on news reports, the MRT-3 management admitted that they have been taking measures to prevent similar accidents although the management did not elaborate on the recurring mechanical problems;

Whereas, unresolved MRT problems continue to plague the riding public. On 13 August 2014, an MRT train got derailed along EDSA-Taft station after a coach crashed through the train barrier. Over 30 passengers were injured’ and numerous commuters were stranded because of this accident. Needless to state, the deterioration of the MRT poses grave danger not only to its passengers, but also the public in general;

Whereas, the Metro Rail Transit Corporation (MRTC) has attested that there is fI need to have a qualified maintenance provider for the MRT system. There h~d also been calls to direct the DOTC to an independent technical audit of the MRT -3 system in order to have a financially and technically qualified maintenance provider with adequate experience to maintain the MRT-3 system;

Whereas, to provide the public a safe metro rail system and enhance the quality of service, there is indeed a need to have a technical audit of the MRT -3, which has to be independent in order to have an objective approach to the process. The different government agencies as well as the private sector should propose long-term solutions to the inefficient operations and maintenance of the MRT-3. A system of shared oversight responsibility should be put in place to ensure the balance of the public and industry interests;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an investigation, in aid of legislation, on the frequent accidents caused by the inefficient operations and maintenance of the Metro Rail Transit Line 3 (MRT-3) with the end view of ensuring the safety of its passengers.

PDFiconDOWNLOAD SRN 841

SRN-1266: Death Penalty Cases Involving Overseas Filipino Workers (OFW)

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE DEATH PENALTY CASES INVOLVING OVERSEAS FILIPINO WORKERS AND THE DELAY IN THE DISPOSITION OF OVERSEAS-RELATED CASES, PARTICULARLY ILLEGAL RECRUITMENT AND TRAFFICKING

Whereas, under Republic Act No. 8042 otherwise known as the “Migrant Workers and Overseas Filipinos Act of 1995, it is a declared policy of the State shall, at all times, uphold the dignity of its citizens whether in country or overseas, in general, and Filipino migrant workers, in particular. Free access to the courts and quasi-judicial bodies and adequate legal assistance shall not be denied to any persons by reason of poverty. In this regard, it is imperative that an effective mechanism be instituted to ensure that the rights and interest of distressed overseas Filipinos, in general, and Filipino migrant workers, in particular, documented or undocumented, are adequately protected and safeguarded;

Whereas, in its effort to protect the overseas Filipino workers (OFWs), the Philippine government is committed to ensure accountability to and representation of migrant workers. According to the Department of Foreign Affairs, there are at least 805 Filipinos facing drug-related cases worldwide (as of September 2014). Most of the cases are in Asia at 341, 244 in the Middle East and Africa and 116 in the United States, and 104 in Europe;

Whereas, based on data by the DFA, 45 OFWs are on death row, but their death sentences are not yet final as the cases are on various stages of appeal. The common occurrence is they get arrested and undergo investigation and trial without any representation or legal counsel from the embassy. Because of this, they are deprived of due process and go straight to jail without any legal assistance or intervention from the Philippine government;

Whereas, from January 2011 to August 2012, only 196 OFWs have received help from the DFA’s legal assistance fund and attributed this to the limitations under Sections 18 and 19 of Republic Act No. 10022 which amends the Migrant Workers and Overseas Filipinos Act of 1995.” The Legal Assistance Fund shall be used exclusively to provide legal services to migrant workers and overseas Filipinos in distress in accordance with the guidelines, criteria and procedures promulgated in accordance with the law. The expenditures to be charged against the Fund shall include the fees for the foreign lawyers to be hired by the Legal Assistant for Migrant Workers Affairs to represent migrant workers facing charges or in filing cases against erring or abusive employers abroad, bail bonds to secure the temporary releases and other litigation expenses;

Whereas, funds for legal assistance for OFWs in distress have been slashed since 2010, even if at least P52 million in legal funds for OFs were unused since 2011. On the other hand, from 2010 to 2014, the average OFW remittances per year amount to $22 billion according to the Bangko Sentral ng Pilipinas (BSP). Based on news reports, Foreign , . Affairs Secretary Albert del Rosario said that only P7,8 million ($174,000) of the P60- million legal assistance fund ($1.34 million) (LAF) available for 2012 was utilized. The average annual combined budget of the DFA and Department of Labor and Employment (DOLE) for the protection of OFWs is only $202 million. The annual budget allotted for the protection of OFWs is no even one percent of the total remittances they send each year;

Whereas, several studies had been conducted to address the problems of migrant workers. Countries of destination should consider providing technical and financial assistance in capacity-building projects. They also should consider developing mechanisms to protect the welfare of temporary workers by signing bilateral agreements or memorandums of understanding (MOUs) with countries of origin that explicitly address workers’ protection. Although the Philippines has signed 12 bilateral agreements with destination countries, these MOUs and agreements are merely generalities and guidelines on migrant workers; they do not give bases for enforcing compliance on wages and other terms of employment!

Whereas, there is a need to review the existing rules and regulations in order to protect migrant domestic workers. The government agencies concerned should be able to provide better recruitment regulation and improve the working conditions of the migrant workers. Moreover, it is crucial to provide legal aid and representation to distressed overseas Filipino workers, To this end, the government will be able to improve labor migration policies, administration and practices;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate committees to conduct an inquiry, in aid of legislation, on the death penalty cases involving overseas Filipino workers and the delay in the disposition of overseas-related cases, particularly Illegal Recruitment and Trafficking.

 

 

PDFiconDOWNLOAD SRN 1266

Bam on CJ Servillon, FOI, BBL Funding

On death of JRU player CJ Servillon

We send our condolences sa kanyang pamilya.

Pero ang laki ng diskusyon na lumabas. Sabi ng mga tao, kapag may mga tournament, handa ba tayo sa mga ganyang klase ng aksidente o ganyang klase ng insidente?

Dapat siguro, ang mga nag-to-tournament handang-handa, mga ambulansiya, first aid, lahat ng kailangang maitulong sa ating players, sana mayroon sila.

Actually, kahit iyong audience. Kahit sino na magkaroon ng kapansanan, kailangang handa na matulungan nila.

Si Senator Angara na head ng Committee on Sports sa Senado ay magsasagawa ng isang imbestigasyon. Nasabi niya na babantayan nila ang mangyayari dito. Tutulungan natin si senator kapag panahon na ng imbestigasyon.

We just want to make sure sa mga tournament, actually kahit sa mga liga. Noong bata kasi ako, sumasama ako sa mga liga-liga.

Dapat talaga ang mga ganyang klaseng tournament, handa talaga sa kahit anong masamang insidente na mangyayari, sa athletes, sa audience, sa coach o sa referee.

On the Filing of House FOI Committee Report

Iyong FOI sa Senado matagal nang naipasa. Pasado na po iyan sa amin last year pa. Wala pong kumontra sa amin sa Senado.

Sa Kongreso, hinihintay natin ang FOI version nila. Kapag sinabi pong napasa na iyong committee report, mahalagang-mahalaga po iyan, kasi ibig pong sabihin niya, iyong pinaka-basic, iyong committee level, nakalampas na po ito.

Ang susunod niyan sa plenary na.  At kung makapasa po iyan sa plenaryo, on its way na po iyan sa pagiging isang batas.

Alam ko po na isa iyan sa mga goals ni Speaker Belmonte na maipasa ang FOI bill before the end of P-Noy’s term, kung hindi po ako nagkakamali.

Magandang pangitain po iyan sa FOI bill. Palagay ko po, ilang buwan lang, maipasa na ang bill.

On Passage of BBL’s P37B Funding

Sa Senado, hindi pa po natin ito nailalabas sa committee. Kaya medyo mahaba-haba pa po ang proseso sa Senado.

Pero ito pong P37 billion na iyan, siyempre maraming magkukuwestiyon kung saan pupunta iyan.

Again ang sabi ko naman palagi, ang perang iyan, hindi naman iyan mapupunta sa armas.

Pupunta iyan sa imprastruktuka, pupunta iyan sa mga eskuwelahan, pupunta iyan sa support services. Iyon ho ang balak.

We just need to make sure na doon nga pupunta ang perang iyan.

SRN-1267: Bureau of Internal Revenue

RESOLUTION ’15 IIPR 13 r 5 :36 DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE PROPER IMPLEMENTATION OF THE REVENUE REGULA TlONS AND MEMORANDUM CIRCULARS ON ELECTRONIC FILING AND PAYMENT SYSTEM BY THE BUREAU OF INTERNAL REVENUE

Whereas, it is settled in jurisprudence that the power to tax is an attribute of sovereignty and as such, inheres in the State. Tax statutes are strictly construed against the taxing authority. As such, tax laws may not be extended by implication beyond the clear import of their language, nor their operation enlarged so as to embrace matters not specifically provided;

Whereas, the Bureau of Internal Revenue (BIR) issued Revenue Regulation (RR) 5- 2015 last 17 March 2015. Said revenue regulation amends RR No. 6-2014, which requires all non-eFPS taxpayers enumerated in Section 4 of RR 6-2014, to mandatorily use the eBIR Forms facility in electronically submitting and filing all the tax returns. Taxpayers shall receive a system-generated notification email and filing reference number, which shall be submitted to the authorized agent bank for the payment of taxes due;

Whereas, notwithstanding that the revenue regulation was issued less than a month before the 15 April 2015 deadline, failure to comply with RR 5-2015 shall result to a penalty of P1,000.00 per return and 25% surcharge of the tax due to be paid for filing in the wrong venue. With such short notice, the mandated taxpayers may not have ample time to adjust their systems and processes to be able to comply with the mandatory requirement to file and pay electronically;

Whereas, the stiff penalties imposed on those who are unable to comply with the said regulation seems to be excessive and unjustly burdensome for taxpayers. The use of “wrong venue filing” as basis for this penalty, pursuant to Section 248(A)(2) of the National Internal Revenue Code, seems unreasonable given that taxpayers who pay manually would be physically at their assigned BIR office;

Whereas, on 30 March 2015, BIR issued Revenue Memorandum Circular (RMC) 14- 2015 which provides for the guidelines in filing, receiving and processing using the eBIR Forms and eFPS. Those who are not mandated to use eFPS/eBIR Forms and those who have not opted to file electronically shall follow the existing procedures on manual filing. Taxpayers mandated to use eBIR forms and file electronically who had already filed manually, are mandated to re-file electronically on or before 15 April 2015. Those who refile electronically on or before 15 April 2015 shall not be subject to the penalties;

Whereas, on 10 April 2015, another revenue memorandum circular (RMC 18-2015) was issued by the BIR wherein “No Payment” returns filed manually shall be re-filed electronically on or before 15 June 2015. The penalties imposed under RR No. 5-2015 on filing using a mode/venue different from that prescribed shall be waived provided that the subject income tax returns have been re-submitted electronically in the BIR’s systems on or before 15 June 2015.

Whereas, based on numerous complaints from the taxpayers, the issuance of the revenue regulations and the memorandum circular has caused confusion regarding the proper implementation of the revenue regulations and the memorandum circular. Problems also arose such as, not all mandated taxpayers are computer-literate and some taxpayers have reported encountering delays or technical issues enrolling into the BIR online system. Not only did taxpayers not have sufficient lead time to comply with the new requirements, BIR employees from the different RDOs were not familiar with the process and failed to correctly answer the queries of the taxpayers;

Whereas, there is confusion as to whether taxpayers may continue to use the pre-printed BIR forms, or must use returns generated by the eBIR Forms package. BIR National Officials opined that taxpayers who are not mandated to file electronically may continue to use pre-printed forms, but may also opt to use returns generated electronically. However, BIR officials at the regional and district level insist that all taxpayers must use returns generated by the eBIR Forms package. The tax bureau should be able to balance its power to tax vis-a-vis the duty of the taxpayers to properly and correctly file the tax returns and accordingly, pay the taxes due to the government;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate committees to conduct an inquiry, in aid of legislation, on the proper implementation of the revenue regulations and memorandum circulars on Electronic Filing and Payment System by the Bureau of Internal Revenue.
PDFiconDOWNLOAD SRN 1267

SRN-1268: Youth Unemployment

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE INCREASE OF YOUTH UNEMPLOYMENT AND THE NEED TO CREATE EMPLOYMENT OPPORTUNITIES AND FORMULATE PROGRAMS TO ADDRESS THE NEEDS OF YOUNG FILIPINOS, INCLUDING THE UNEMPLOYED YOUTH, WORKERS IN VULNERABLE EMPLOYMENT AND YOUNG ENTREPRENEURS

Whereas, the 1987 Philippine Constitution provides that the State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. The State also recognizes the role of the youth in nation building and shall promote and protect their physical, moral, spiritual, intellectual and social well-being;

Whereas, according to the Philippine Statistics Authority (PSA) and the National Statistics Office (NSO), the unemployment rate increased to 6.6 percent in January 2015, from 6 percent as reported in October 2014. The employment rate is estimated at 93.4 percent in January 2015, up from 92.5 percent last 2014. There were 37.4 million employed people: 54.6 percent worked in the services sector, 29.5 in agriculture and 15.9 percent in industry sector;

Whereas, the age bracket from 15 to 24 years old accounted for 49.1 percent of . total unemployed, while the age group 25 to 34 accounted for 31.6 percent. This is estimated at around 8.5 million youth unemployed, a slight increase from last year, which is 8.2 million. By educational attainment, 20.4 percent were college graduates, 13.0 percent were college undergraduates, and 34.4 percent were high school graduates. Underemployment has marginally decreased this year, a decrease of 42,000 underemployed Filipinos this year, but that is still 6.9 million Filipinos underemployed;

Whereas, based on the data by the PSA, the quality and type of employment also remains a challenge. Employment growth is greatly attributed to the increased number of part time employment, alongside the increase in self-employment (407,000 new selfemployed workers) and unpaid family workers (292,000). Together, they contributed to 68.3% of those employed. However, this type of employment is considered vulnerable and thus, marginally contributory to the overall growth of the economy;

Whereas, quite a number of policy initiatives had been introduced to address youth unemployment problems including provision of labor market information, skills training and upgrading, online job-matching and improving entrepreneurship skills. Through the years, there has been mismatch between the available jobs and available skills in the labor force, which is considered as one of the main reasons for youth unemployment. There are employment opportunities but the young people are not fully equipped to handle the jobs available;

Whereas, there is a need to address the lack of capacity, coordination and collaboration among the relevant government offices and institutions such as the Department of Labor, Department of Education, Commission on Higher Education, the Technical Education and Skills Development Authority and the National Economic Authority, among others. In order to strategically and significantly promote job generation for young Filipinos and propose interventions on economic policies, there should be a coordinated policy framework to address the challenges of youth unemployment;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate committees to conduct an inquiry, in aid of legislation, on the increase of youth unemployment and the need to create employment opportunities and formulate programs to address the needs of young Filipinos, including the unemployed youth, workers in vulnerable employment, and young entrepreneurs.
PDFiconDOWNLOAD SRN 1268

SRN-100: National Convergence and Strategy and Policy

A RESOLUTION DIRECTING THE COMMITTEE ON TRADE AND COMMERCE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE NATIONAL CONVERGENCE STRATEGY AND POLICY FOR ADDRESSING OBSTACLES TO ENTERPRISE DEVELOPMENT TOWARDS THE URGENT REALIZATION OF JOBCREATING, BROAD-BASED GROWTH THAT BENEFITS ALL FILIPINOS

WHEREAS, the Philippines has been recognized globally as Asia’s “rising star” and I . “breakout nation” because of its strong economic performance and high growth amidst the global economic slowdown, outpacing all other Asian countries, including China, during the first quarter of 2013;

WHEREAS, the country continues to experience high unemployment and poverty rates, despite its high and fast-paced growth, and the strong economy continues to be exclusive and beneficial to only a few;

WHEREAS, the most pressing challenge to government today is how to effectively leverage the country’s growth momentum to positively impact on the lives of the majority of the Filipinos, who are in dire need of decent jobs, sustainable livelihood and income opportunities;

WHEREAS, the President’s 2013 State of the Nation Address has articulated the present government’s commitment to achieving inclusive growth in the country, and recognizes that job creation is key to translating high growth to sustained and broad-based growth;

WHEREAS, studies show that job creation for inclusive growth can be greatly facilitated by the promotion of enterprise development, particularly through strategies and programs to encourage the development of micro enterprises, small and medium enterprises (SMEs), and inclusive businesses particularly in the country side, where most of the poor are situated;

WHEREAS, research has revealed that one of the most significant barriers to enterprise development is the poor regulatory environment for doing business in the country, as reflected in the Philippine’s low ranking of 138th place among the 150 economies surveyed in the World Bank’s Ease of Doing Business Index in 2013;

WHEREAS, another major barrier to enterprise development, especially for SMEs, is the lack of access to credit and financing, given the restrictive, conventional, collateral-based requirements of banks and limited financing alternatives;

WHEREAS, other challenges encountered by SMEs include lack of access to markets, lack of technology support, poor incentives, and poor investments in infrastructure especially in the countryside;

WHEREAS, there is a need for government, the private sector, development partners and concerned citizen groups to coordinate and ensure a convergence of efforts and strategies to address these concerns and overcome the challenges that have hampered enterprise development in the country.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved by the Senate of the Philippines to direct the Committee on Trade and Commerce to conduct an inquiry, in aid of legislation, on the national convergence strategy and policy to overcome the obstacles to enterprise development towards the urgent realization of job-creating and broad-based growth that benefits all Filipinos.
PDFiconDOWNLOAD SRN 100

SRN-101: Rule X of Senate Rules

RESOLUTION TO PROVIDE FOR A SENATE COMMITTEE ON TRADE, COMMERCE, AND ENTREPRENEURSHIP AND DEFINING ITS JURISDICTION, AMENDING FOR THE PURPOSE SECTION 13 (9) RULE X OF THE SENATE RULES

Whereas, the Committee on Trade and Commerce is one of the regular standing committees of the Senate to address, among others matters relating to domestic and foreign trade and private corporations;

Whereas, the conduct of trade and commerce in the Philippines, both domestic and foreign, involves not only private corporations but also small and medium enterprises run by private individuals;

Whereas, the evolution of business and entrepreneurial practice, both domestic and foreign, has opened up new platforms and models of conducting business, trade, and commerce, including but not limited to: e-commerce sites, outsourced services delivered through Internet and communications technologies (ICT), telecommuting, home-based enterprises, social enterprises, and other models not formerly covered by the Senate Committee on Trade and Commerce, as earlier defined;

Whereas, in recognition of the fact that over 90 percent of trade and commerce in the Philippines is conducted through micro, small, and medium enterprises (MSMEs); and, moreover, of the fact that entrepreneurs have unique concerns apart from those of private corporations;

Whereas, in recognition of the fact that a new business model called the “social enterprise” has arisen and has taken root in the Philippines, fusing traditional for-profit goals and mission-oriented objectives of uplifting Filipino communities as an integral part of business operations and strategy;

Whereas, the proposal to provide for a Committee on Trade, Commerce and Entrepreneurship will be consistent with the Senate Rules that describe the committee to have jurisdiction over significant matters and a wide array of issues on trade, commerce, and business, and the concerns of both corporations and MSMEs alike.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to provide a Senate Committee on Trade, Commerce and Entrepreneurship and defining its jurisdiction, amending for the purpose

Section 13 (9) Rule X of the Senate Rules to read as follows: “Section 13. After the organization of the Senate in the manner provided in Rule IX, the following permanent committees shall be formed, with the duties and general jurisdiction specified hereunder:

1) Committee on Rules. — xxx

2) Committees on Ethics and Privileges – xxx

xxx

xxx

xxx

9) Committee on Trade, Commerce and Entrepreneurship – Nine (9) members. All matters relating to domestic and foreign trade and private corporations; micro, small, and medium enterprises (MSMEs): social enterprises; the promotion of entrepreneurship and the regulation of entrepreneurial practice; patents, copyrights, trade names and trademarks; standards, weights, measures and designs; quality control; control and stabilization of prices of commodities; consumer protection; handicraft and cottage industries; and marketing of commodities.

xxx”
PDFiconDOWNLOAD SRN 101

Scroll to top