Legislation

SRN-371: Local Water Districts

RESOLUTION DIRECTING THE APPROPRIA TE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE IMPLEMENTATION OF LOCAL WATER DISTRICTS OF THEIR PROJECTS AND THE PARTICIPATION OF THE LOCAL WATER UTILITIES ADMINISTRATION IN THE WATER SUPPLY PROVISION IN THE COUNTRYSIDE TO PROTECT CONSUMERS, WITH THE END VIEW OF AMENDING PROVISIONS OF PRESIDENTIAL DECREE NO, 198 AND OTHER PERTINENT LAWS

Whereas, under Presidential Decree (PO) No. 198, one ofthe prerequisites to the orderly and well-balanced growth of urban areas is an effective system of local utilities, the absence of which is recognized as a deterrent to economic growth, a hazard to public health and an irritant to the spirit and well being of the citizenry. Domestic water system and sanitary sewers are two of the most basic and essential elements of local utility systems, thus, creating the Local Water Utilities Administration (LWUA) in the national level and also establishing of water districts in provinces, cities and municipalities;

Whereas, it is further stated under the Provincial Water Utilities Act of 1973, the creation, operation, maintenance and expansion of reliable and economically viable and sound water supply and wastewater disposal systems for population centers of the Philippines is hereby declared to be an objective of national policy of high priority. For purposes of achieving said objectives, the formulation and operation of independent, locally controlled public water district is found and declared to be the most feasible and favored institutional structure;

Whereas, Chapter VI of PO No. 198 provides that the Administration may make loans from its Revolving Loan Funds to qualified local water utilities upon the fulfillment of the qualifications set by law. In line with this, LWUA is also authorized to monitor the performance of the water districts based on the system set by the Administration. LWUA is also mandated to provide management advisory, technical assistance and personnel training in order to fulfill its role of providing a supervised credit scheme. The Administration may also require reports, conduct investigations and review all available information to determine the compliance of the water districts;

Whereas, the LWUA has provided financial assistance and loans in favor of local water districts for the construction and improvement of its service to provide safe and potable water to the public. However, said LWUA financial assistance and loans granted to local water districts are passed on to consumers and the general public as additional water rates;

Whereas, there is a need to inquire into the loans given by LWUA to a number of local water districts, like the Bacolod City Water District (BACIWA) which was granted a loan by the LWUA in the amount of Five Hundred Thirty Seven Million Pesos (Php 537,000,000.00). There were reports that it was haphazardly implemented to the detriment of the consuming public;

Whereas, there is a need to revisit the provisions of existing laws as well as rules and regulations creating the local water district in order to protect the consumers for paying a higher amount for services not being efficiently rendered by the said districts;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to cpnduct an inquiry, in aid of legislation, on the implementation of local water districts of their projects and the participation of the local water utilities administration in the water supply provision in the countryside to protect consumers, with the end view of amending provisions of Presidential Decree No. 198 and other pertinent laws.

 

 

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SRN-573: Bus Companies to Provide Financial Assistance to the Victims of Road Accidents

A RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE FAILURE OF THE BUS COMPANIES TO PROVIDE FINANCIAL ASSISTANCE TO THE VICTIMS OF ROAD ACCIDENTS CAUSED BY THE NEGLIGENCE OF THE BUS DRIVERS/OPERATORS WITH THE END VIEW OF REVIEWING THE PROVISIONS OF THE CIVIL CODE OF THE PHILIPPINES, TRANSPORTATION LAW AND OTHER PERTINENT LAWS

Whereas, under Article 1733 of the Civil Code of the Philippines, it provides that common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case;

Whereas, though a common carrier is not an absolute insurer of all risks of travel, the bus companies should be able to render their services with the greatest skill and utmost foresight since they are duty bound to safely transport their passengers to their destinations, In the event they cause injury to their passengers or worse, cause their untimely death, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence, Further, the families of the victims are entitled to damages in accordance with Article 2206 of the Civil Code on the death of a passenger caused by the breach of contract by a common carrier;

Whereas, based on news reports, the families of the victims of the Florida bus accident last 07 February 2014 in Bontoc, Mountain Province, were contemplating on filing a class lawsuit against the owners ofthe bus company. It was further reported that the Land Transportation Franchising and Regulatory Board (LTFRB), together with the Insurance Commission, were able to convince the owners of G.V. Florida Transport to shell out money for the fatalities, lTFRB chairman Winston Ginez said each family of the lS fatalities will receive P1S0,000 in insurance benefits-Pl00,000 from G’v. Florida Transport, Inc. and PSO,OOO from an insurance consortium;

Whereas, in a separate report conducted by the LTFRB on the most dangerous and accident-prone bus companies, it shows that Don Mariano has been involved in several road accidents in recent years. In 2011, it was involved in three accidents result.ing in two injuries and damage to properties. Last July 2012, a Don Mariano bus almost fell off the EDSA flyover in Ortigas, which damaged part of the rails and hurt eight passengers. Admiral Transport was involved in two accidents in 2010, one resulted in a death and the other caused physical injuries. Several bus companies were also included in the report; ·

Whereas, the erring bus companies continue to renege their obligation to provide financial assistance to the victims of the road mishaps caused by the negligence of the bus owners/drivers. While some of the bus companies offer assistance to the victims, the amounts given fall short of what has been lost, that is the precious lives of the victims. While they might experience heavy financial burden on the payment of these obligations, the rule of law must still prevail. The safety of their passengers is the paramount consideration. Failure to adhere to that higher duty of care constitutes negligence and thus, they should be held liable for the death of its passengers, and the injuries caused by such road accidents;

Whereas, existing Philippine laws impose duties and liabilities upon the common carriers for the safety of its passengers. The government should be alarmed at the increasing number of bus accidents in the country and the failure of these operators to provide the adequate financial assistance to the victims. Despite the provisions of the Civil Code and other pertinent laws, the bus operators/owners still manifest their unwillingness to attend to the financial needs of the victims despite repeated demands;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an investigation, on the failure of the bus companies to provide financial assistance to the victims of road accidents caused by the negligence of the bus drivers/operators, with the end view of reviewing the provisions ofthe Civil Code ofthe Philippines, Transportation Law and other pertinent laws.

 

 

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SRN-1354: Earthquake and Disaster Preparedness in Metro Manila

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE EARTHQUAKE AND DISASTER PREPAREDNESS IN GREATER METRO MANILA IN ORDER TO ENSURE THE SAFETY AND DISASTER RESILIENCE OF LOCAL COMMUNITIES

WHEREAS, Republic Act No. 10121, otherwise known as the “Philippine Disaster Risk Reduction and Management Act of 2010”, provides for the development of a National Disaster Risk Reduction and Management (NDRRM) Framework to guide the development of a NDRRM Plan. To this end, there is a need for a comprehensive, all-hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management;

WHEREAS, the 2014 World Risk Report of the UN University’s Institute for Environment and Human Security (UNU-EHS) ranked the Philippines as second to the highest in terms of risk of exposure to natural hazards among 171 countries. Another study published by risk analysis firm Verisk Maplecroft in March 2015 ranked the nation’s capital, Metro Manila, as fourth in terms of risk exposure among 1,300 cities worldwide;

WHEREAS, the Greater Metro Manila Area (GMMA) is particularly vulnerable to earthquakes because of the presence of a Valley Fault System composed of a 10-kilometer East Valley Fault in Rizal and a 100-kilometer West Valley Fault that runs through different cities and municipalities of Bulacan, Rizal, Metro Manila, Cavite and Laguna;

WHEREAS, the Metropolitan Manila Earthquake Impact Reduction Study was undertaken in 2004 to develop a master plan and strategies to minimize the impact of an earthquake in Metro Manila. According to the MMEIRS findings, a potential rupture of the 90-kilometer West Valley Fault would lead to heavy or partial damage to 40% of all residential buildings, 34,000 deaths, and 114,000 injuries. Fire caused by the earthquake would cause an additional 18,000 deaths. Among public buildings, schools will suffer the most damage, followed by hospitals and fire stations;

WHEREAS, the West Valley Fault has moved four times in the past 1,400 years at an interval of 400 to 600 years. The last big earthquake took place 357 years ago, in 1658. While the exact timing cannot be predicted, the Philippine Institute of Volcanology and Seismology (PHIVOLCS) recently issued statements warning against the possibility of another earthquake should the West Valley Fault move;

WHEREAS, reports regarding the devastating effects of the 7.8 and 7.3 magnitude earthquakes that recently struck Nepal. highlight the urgency for the Philippines to assess its own readiness to face earthquakes and other major disasters. More than 7,000 persons died and at least 14,000 others were injured as a result of the Nepal earthquakes, according to the country’s National Emergency Operation Centre. The research consultancy, IHS, estimated the cost of reconstruction at US$6 Billion, equivalent to 30% of Nepal’s annual economic output;

WHEREAS, a significant factor in ensuring earthquake safety is ensuring the ability of houses, buildings and all public infrastructure to withstand earthquakes even with magnitudes of 8 to 10. There is a need to audit the safety of existing and future construction projects to ensure their strict adherence to relevant and appropriate regulations, standards and guidelines, including those provided by the National Building Code, and the safety of their locations in accordance with the FVS Atlas recently published by PHIVOLCS;

WHEREAS, another important factor in earthquake and disaster preparedness is promoting public awareness regarding disaster risks and involving all citizens and communities in disaster risk reduction and preparedness efforts. Realizing the vulnerabilities of the country to natural disasters, the government should prioritize the institutionalization of systems, plans, programs and approaches at both the national and local levels to build the disaster resilience of local communities, especially in vulnerable areas in the GMMA;

WHEREAS, there is a need to assess and strengthen the capacities and preparedness of the concerned national government agencies, local government units, and partner stakeholders to mitigate and prepare for, respond to, and recover from the impact of a massive earthquake. The government, together with the private sector and non-government organizations, should be able to build the safety and disaster resilience of local communities, especially in the most vulnerable areas;

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 earthquake and disaster preparedness in Greater Metro Manila in order to ensure the safety and disaster resilience of local communities.

 

 

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Republic Act 10755: Authorizing The Punong Barangay to Administer the Oath of Office

AN ACT AUTHORIZING THE PUNONG BARANGAY TO ADMINISTER THE OATH OF OFFICE OF ANY GOVERNMENT OFFICIAL, INCLUDING THE PRESIDENT OF THE REPUBLIC OF THE PHILIPPINES, AMENDING FOR THE PURPOSE SECTION 41 OF EXECUTIVE ORDER NO. 292 OTHERWISE KNOWN AS THE ADMINISTRATIVE CODE OF 1987, AS AMENDED BY R.A. 6733

 

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Republic Act No. 10844: Department of Information and Communication Technology Act of 2015

AN ACT CREATING THE DEPARTMENT OF INFORMATION AND COMMUNICATIONS TECHNOLOGY, DEFINING ITS POWERS AND FUNCTIONS, APPROPRIATING FUNDS THEREFOR, AND FOR OTHER PURPOSE.

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Republic Act No. 10644: Go Negosyo Act

AN ACT PROMOTING JOB GENERATION AND INCLUSIVE GROWTH THROUGH THE DEVELOPMENT OF MICRO, SMALL AND MEDIUM ENTERPRISES

 

The Go Negosyo Act gives Filipinos – from a simple housewife to ordinary employee – a chance to establish their own business that will help sustain their everyday needs and for their families.

The Act mandates the creation of Pinoy Negosyo Centers, under the Department of Trade and Industry (DTI), in each city and municipality around the country. These Pinoy Negosyo centers are meant to make it easier for entrepreneurs to register and start up their businesses, as well as gain access to sources of financing.

In addition, the Pinoy Negosyo Centers will provide courses and development programs, training, give advice on business conceptualization and feasibility, financing, management, capability building, human resources, marketing and other support services.

 

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Republic Act No. 10643: Picture-Based Health Warning Law

AN ACT TO EFFECTIVELY INSTILL HEALTH CONSCIOUSNESS THROUGH GRAPHIC HEALTH WARNINGS ON TOBACCO PRODUCTS

 

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Republic Act No. 10635: Maritime Industry Authority (Marina)

AN ACT ESTABLISHING THE MARITIME INDUSTRY AUTHORITY (MARINA) AS THE SINGLE MARITIME ADMINISTRATION RESPONSIBLE FOR THE IMPLEMENTATION AND ENFORCEMENT OF THE 1978 INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS, AS AMENDED, AND INTERNATIONAL AGREEMENTS OR COVENANTS RELATED THERETO

 

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Senate Bill No. 2210: Poverty Reduction Through Social Entrepreneurship (Present) Act

The State shall promote a just and dynamic social order that will ensure the prosperity and independence of the nation and free the people from poverty through policies that provide adequate social services, promote full employment, a rising standard of living, and an improved quality of life for all. The State shall provide social justice in all phases of national development and that the State values the dignity of every human person and guarantees full respect for human rights.

The goals of the national economy are a more equitable distribution of opportunities, income, and wealth; a sustained increase in the amount of goods and services produced by the nation for the benefit of the people; and an expanding productivity as the key to raising the quality of life for all, especially the underprivileged. The State shall promote industrialization and full employment based on sound agricultural development and agrarian reform, through industries that make full and efficient use of human and natural resources, and which are competitive in both domestic and foreign markets.

The State also recognizes the important role of enterprises in the economy as the major agent of development, creating off-farm employment opportunities and providing transitional means for improving the livelihood of the people.

Towards this end, the State shall pursue an inclusive growth strategy that promotes an environment conducive to the development and growth of a vibrant social enterprise sector engaged in poverty reduction, economic and social development. It shall empower the poor as primary stakeholders in social enterprises, establish mechanisms essential to realizing their potential and achieving their full growth, and extend the assistance necessary for their advancement. The State shall likewise provide technical and financial assistance, incentives and other services to enable Social Enterprises to develop into viable and vital anti-poverty agents, and a strong social entrepreneurship movement that will be instrumental in reducing poverty in the country.

 

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Senate Bill No. 2226: Student-Athletes Protection Act of 2014

Article XIV, Section 1 of the 1987 Constitution recognizes the role of the State to protect and promote the right of all citizens to quality education at all levels, and to take appropriate steps to make such education accessible to all. Further, Section 19 (1) of the same Article provides that the State shall promote physical education, sports programs and competitions alongside training for international competitions to foster self-discipline, teamwork and excellence for the attainment of a healthy and alert citizenry. Thus, the State shall recognize and uphold the rights of Student-Athletes to further hone their skills and abilities in their respective fields of amateur sports without neglecting their education and general well-being.

It is the intention of this law to protect and promote the rights of the Student- Athlete, who is, first and foremost, a student. To this end, the rights guaranteed by this law and the obligations imposed on schools and athletic associations and their officials, athletic directors, coaches, members of the coaching staff, administrators, alumni, and representatives shall seek to ensure that the Student-Athlete attains quality education while honing his skill and reaching his full potential as an athlete in an amateur sports setting.

 

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