Author: teambam

Senate Bill No. 682: Comprehensive and Continuing Urban Development and Housing Program

One of the key issues hounding the urban poor is that of housing and relocation. According to the Philippine Development Plan for 2010 to 2016, the country’s total housing need, including “backlog” and “housing for new households,” is estimated to reach around 5.9 million units by 2016. Informal settlements have increased by more than 22% (or 1.2 million) between 2003 and 2009. Meanwhile, other data show that the Philippines’ annual expenditure for housing accounts for less than 0.1 of the country’s gross domestic product (GDP)—the lowest figure in Asia.

Clearly, much more needs to be done for the country’s urban poor. To provide security of shelter is an urgent first step.

No less than the Philippine Constitution provides for the protection of the marginalized, the powerless, and the oppressed citizens of this country against any violent eviction and/or demolition. It likewise mandates the provision of decent public housing at affordable costs, coupled with basic services and livelihood opportunities. Section 10, Article XIII of the Constitution states that “urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.”

To carry out this constitutional mandate. Republic Act (RA) No. 7279 or the Urban Development and Housing Act was enacted to, among others, “uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas” and “provide for an equitable land tenure system that shall guarantee security of tenure to Program beneficiaries.” However, recent incidences of violent evictions and demolitions show the gaps of the current law, requiring the review and amendment of the law.

This bill, therefore, strengthens the Urban Development and Housing Act by further securing the urban poor from violent and unjust evictions and demolition of their homes. It also seeks to ensure that, in the case of relocation, housing beneficiaries be relocated near their homes where they have access not only to basic services but also, and just as important, to jobs and livelihood that will give them the means to raise themselves and their families out of poverty. 

 The bill further provides that consultation must be effectively done with the active participation of affected communities, particularly in the identification and approval of relocation sites. This also expands the mandate of the law by requiring developers to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total area or project cost—at the option of the developer—not only on proposed subdivision projects but all other land development projects. 

This bill also broadens the penalties on violations of the Urban Development and Housing Act.

The country’s inclusive growth imperative demands that no sector of society be left behind in progress and development. We firmly believe that it is the duty of the State to protect those who are unable to protect themselves. As the great late President Ramon Magsaysay had once said, “He who has less in life should have more in law.”

 In view of the foregoing, the immediate passage of this measure is earnestly sought.

 

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Senate Bill No. 681: National Commission on Disability Affairs Act

About 1.5% of our population is reported as persons with disabilities. Although 1.5% appears to be a small number, our fast growing population of over 100 million means that over 1.5 million Filipinos are living with disabilities or conditions that require special assistance or accommodation.

Our fellow citizens with disabilities are currently represented by the National Council on Disability Affairs (NCDA), which was created in 1981 and tasked with overseeing the implementation of policies related to Persons with Disability (PWD). NCDA operates under the Office of the President, following an Executive Order by the President in 2008.

This bill seeks to reorganize the National Council on Disability Affairs to a National Commission on Disability Affairs. The leap from council to commission will institutionalize the mandate of the government agency to address the concerns and needs of persons with disabilities. With Commissioners from DOH, DSWD, DepEd, CHED and TESDA, as well as Regional Directors for each region in the country, a National Commission on Disability Affairs will have a larger capacity and more support to collect data, identify needs and formulate policies relating to PWDs. Through this Commission, the policies formulated and recommended would be more holistic through consultations with all stakeholders and would better serve the needs of our PWDs throughout different stages of integration into society.

PWDs benefit greatly from having a stable institution that looks after their well-being and holistic integration in society at all stages of life. Our nation can certainly benefit from harnessing the talents that PWDs have to offer, if only they are properly supported and given the assistance they need to be productive citizens.

In view of the foregoing the passing of this bill is earnestly sought.


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Senate Bill No. 680: Decriminalizing Libel

The Filipino nation was built on our forefathers’ fight for freedom of expression and democracy. In the age of foreign colonizers, Jose Rizal’s Noli Me Tangere and El Filibusterismo, and Graciano Lopez Jaena’s La Solidaridad, helped to ignite the spark that galvanized a fragmented people and lit up a revolution.

Decades later, in the midst of Martial Law, Filipinos once against used the power of words and ideas to fight against tyranny and oppression. Although many of the country’s top journalists were jailed for exposing the truths behind an unjust dictatorship, they inspired an entire nation to rise up and wage a bloodless revolution for democracy.

This spirit lives on in the Information Age. Around the world, citizens are using the power of ideas and words-transmitted over a globally connected network- to expose corruption, challenge unjust regimes, pursue the common good, and ensure good governance.

In the words of the late President Corazon C. Aquino, “Freedom of expression-in particular, freedom of the press-guarantees popular participation in the decisions and actions of government, and popular participation is the essence of our democracy.”

In the Philippines, freedom of speech has given rise to a robust civil society. No less than the Bill of Rights of the 1987 Constitution protects this fundamental human right, saying; “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Moreover, the International Covenant on Civil and Political Rights (ICCPR), of which the Philippines is a state party, protects these same rights while recognizing citizens’ responsibility in exercising these freedoms. Article 19 states:

 

  1. Everyone shall have the right to hold opinions without interference.
  2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
  3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
  1. For the respect of the rights or reputations of others;
  2. For the protection of national security or of public order (ordre public), or of public health or morals.

 

In light of all of these, this representation seeks to decriminalize all forms of libel (i.e., in broadcast media or online) to encourage free and responsible discourse without necessarily compromising the State’s ability to hold persons accountable for irresponsible behavior.

 

No less than the United Nations Human Rights Committee (UNHRC) called Philippine libel laws “excessive” and incompatible with Article XIX, paragraph 3 of the ICCPR. It said: “States parties should consider the decriminalization of defamation 113 and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously-such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others.”
In view of the foregoing, the approval of this bill is earnestly sought.


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Senate Bill No. 679: Magna Carta for Scientists, Engineers, Researchers and other S & T Personnel in the Philippines

We find science and technology embedded in every branch of modern life, driving progress and innovation. It is in the best interest of the country and its people to foster our local talent in the field of Science and Technology (S&T) to drive development in the Philippines and improve the lives of millions of Filipinos.

In 2010, only 2.3% of our 31’million workforce were classified under S&T professionals1. In the two-decade assessment of science and technology human resources in our country, a two fold increase in the number of S&T professionals from 1990 to 2010 was coupled with an almost three fold increase in S&T professionals that work overseas2.

In government, the reports2 on the exodus of S&T professionals from agencies like PAGASA, PHILVOLCS, and ASTI has attracted public interest in the past years and motives for their migration were revealed, including uncompetitive local compensation and protracted processing of hazard pay.

In line with these findings, this measure aims to:

1. Remove set limits on additional salary of honoraria for S&T professionals; and
2. Foster ease in accessing benefits for S&T personnel in departments and agencies other than DOST.

It is high time we deliberately retain and empower our Filipino scientists, engineers, researchers, and other science and technology practitioners so we may harness the benefits of S&T to further our national agenda.

Regulations inimical to this interest must be addressed immediately.

In view of the foregoing, the passage of this measure is earnestly sought.

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Senate Bill No. 678: Electric, Hybrid, and Other Alternative Fuel Vehicle Promotions Act

The Department of Energy’s goal of putting 100,000 electric tricycles on the road by 2017 and the Electric Vehicles Association of the Philippines’ (EVAP) goal of 1 million electric vehicles by 2020 represent key milestones toward dramatically reducing dependence on oil and ensuring that the Philippines leads in the growing electric vehicle manufacturing industry in the Asian region.

Policy support is needed to encourage investment in manufacturing facilities, enable technology demonstration and deployment and provide incentives to promote adoption and drive consumer demand for electric, hybrid and other alternative fuel vehicles. High initial costs, lack of fiscal incentives and vehicle registration and franchising issues are seen as major barriers to this emerging industry’s growth.

Although EO 226, from which the Investment Priorities Plan (IPP) derives its legal basis, grants Income Tax Holiday (ITH) for the manufacture and assembly of electric vehicles (EVs) and alternative fuel vehicles (AEVs) including charging stations for electric vehicles, and while Executive Order No. 488, grants duty free importation for components, parts and accessories for the assembly of electric, hybrid, flexible fuel (bio-ethanol and bio-diesel) and compressed natural gas motor vehicles, high capitalization requirements were often cited as the reason for inability of investors in this emerging industry from availing these incentive.

The clamor by the industry for the grant of fiscal incentives which could bring down the acquisition cost of alternative fuel vehicles through exemption from taxes and duties for the purchase and importation of raw materials, spare parts, components and capital equipment, will take some time to be acted on by government owing to the Department of Finance’s ongoing review and rationalization of fiscal incentives.

Since any form of incentives can provide additional boost needed to drive consumer demand for alternative fuel vehicles, non-fiscal incentives such as priority in registration and issuance of plate number, priority in franchise application, exemption from Unified Vehicular Volume Reduction (UVVRP) or Number-Coding Scheme and provision for free parking spaces in new establishments could help influence consumers to choose these type of vehicles.

The enactment of this bill is earnestly requested as this will provide an enabling environment to promote the mainstream use of electric, hybrid and other alternative fuel vehicles.

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Senate Bill No. 677: Automated Teller Machine (ATM) Free Regulatory Act

You found that you are out of cash without your preferred Automated Teller Machine (ATM) in sight, worrying about what charges you may incur should you use a rival bank’s ATM. Yet, you refuse to keep a large sum of cash on hand for fear of theft or robbery.

The most convenient ATM however is often one of a different bank than the ATM cardholder who is unknowingly charged PhPlS.OO1for each withdrawal at a non-native bank or PhP2.00 for a balance inquiry. Whilst banks incur costs to facilitate interbank transactions, it is a cardholder’s right to be informed of the exact extra charge they will incur before every point of transaction, and to be able to cancel the transaction to avoid incurring the extra charge.

This bill proposes that all financial institutions be required to inform cardholders of extra charges they will incur during each ATM transaction. In addition, this bill proposes to minimize the cost of using ATMs by ensuring that during interbank transactions, only one fee will be charged to the cardholder instead of both banks charging the customer. Lastly, this bill proposes to limit any additional fee to 1% of the total transaction value.

This bill would safeguard ATM cardholders from surprise fees and would allow them to make the decision to opt out of an ATM transaction should they be unwilling to pay the extra fee. With the passing of this bill, both cardholders and financial institutions will benefit from the availability of safe, convenient transactions at an efficient cost.

In view of the foregoing, immediate approval of this bill is earnestly sought.

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Senate Bill No. 676: Safer Internet Day (SID) Act

The Internet has been integrated into the daily lives of billions around the world, with the Philippines ranked 16thout of 196 nations in 2014 with over 39 million local Internet users1.

Thanks to the World Wide Web, families here and abroad stay connected, news is readily available, our disaster preparedness has improved, and the business landscape is forever changed.

This bill calls for the celebration of National Safer Internet Day to acknowledge both the challenges and opportunities brought forth by this technology that has been integrated in the lives of families, communities and the country.

Through the celebration of National Safer Internet Day, the public would be made aware of the importance of creating a safe, secure and favorable online environment.

The Internet exposes the public to a wealth of information and varying perceptions. The lack of safeguards and controls on the web has allowed cyber abuses never before thought of.

What’s more, the Internet is con.stantly growing and changing. We are only beginning to understand its implications and tap into its capabilities.

National Safer Internet Day should be an annual reminder of our responsibilities as patrons of the Internet.

Beyond this, it is also a venue to discuss the constantly changing landscape of the World Wide Web and discover how best to maximize the ever-expanding online realm.

In view of the foregoing, the approval of this bill is earnestly sought.

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Senate Bill No. 918: World-Class Filmmakers’ Grant Act

The Philippines is home to award-winning filmmakers and artists. In the most recent Cannes Film Festival, a Filipina actress won the award for Best Actress in a film that portrayed living in poverty in the Philippines.

Filmmaking is a valuable part of our artistic landscape and is one way that we can showcase Filipino talent to audiences at home and around the world.

To enable and reward Filipino filmmakers, this bill seeks to provide incentives for the screening of award-winning films, and to award grants for talented Filipino filmmakers and artists who have won.

This bill seeks to provide incentives for the screening of award-winning films, and benefits through grants for the further creation of Filipino films under the creative control of award-winning filmmakers and artists.

The following are the salient features of the measure:

(a) Grant for Film producer of Best Film;
(b) Grant to award-winning cast and crew members; and
(c) Automatic “A” rating from the Cinema Evaluation Board.

In view of the foregoing, the passage of the bill is earnestly sought.

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Senate Bill No. 675: National Amateur Sports Training Center Act

The development of grassroots sports in the country has long been overdue. Despite the Filipinos’ love for sports and athletics, support to achieve sustained excellence in sports from the private and public sector has been lacking.

With limited resources, the Philippine Sports Commission (PSC) has sought to support our national athletes with a proper support system, international exposure, monthly training stipends and adequate training equipment. One major gap is a state-of-the-art facility where budding athletes can be turned into national champions and world icons.

Thus, the bill proposes the establishment of the National Sports Training Center (NSTC) to provide amateur athletes the facility they need for a more apt, focused and scientific training with the hope of nurturing our next generation of world-class athletes.

The NSTC would not only serve as the official venue of training for athletes, but it would also be the center for sports science research and development.

In view of the foregoing, immediate approval of this bill is earnestly sought.


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Senate Bill No. 645: Agricultural Free Patents Act

In the past 10 years, over 1.2 million Agricultural Free Patents (AFPs) have been awarded to farmers who are natural born Filipino citizens, occupying and cultivating agricultural public lands since 1960, for as long as they have paid real property tax on the land they use. The AFP is the most numerous type of land title in the hands of farmer entrepreneurs in rural areas.

Commonwealth Act No. 141 served as an important measure for supporting our hard working farmers by providing the AFP as a mechanism for land ownership. However, AFP awardees continue to face a lack of access to credit due to non-tradable and non-bankable agricultural land titles brought about by barriers in the use of these agricultural free patents.

The first barrier is the five year prohibition to encumbrance and alienation which bars owners from selling or loaning against it for five years. The second restriction is the five year repurchase provision which allows the original owner, his widow and legal heirs the right of repurchase five years from the date of sale.

Due to these restrictions, these lands become unattractive to buyers. Because of the uncertainty brought about by restrictions, there are no incentives for new owners to make improvements and additional investments. Banks are also reluctant to lend when these lands are used as collateral because it can affect a bank’s liquidity in case of foreclosure if it cannot dispose acquired assets.

Overall, the existence of the restrictions prevents the patentee from transacting the land in the formal market and instead leaves some with no option but to capitalize on the land through the informal economy where they are vulnerable to lower prices and unregulated informal credit suppliers.

This bill seeks to remove these restrictions which would allow patentees to be able to capitalize on their land in a legal and safe marketplace. By removing such restrictions, patentees will thus hold onto tradable and bankable land titles which they can use to acquire capital. 

Passing this in legislation would allow farmer entrepreneurs to make investments, create jobs, increase productivity, and reduce poverty in rural areas, fulfilling the law’s original intention. 

In view of the foregoing, the passing of this bill is earnestly sought. 

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