Resolutions

SRN-838: Renewable Energy Competitiveness and Strategic Policy Mechanism

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON RENEWABLE ENERGY COMPETITIVENESS AND STRATEGIC POLICY MECHANISMS TO ATTAIN SUSTAINABLE ENERGY DEVELOPMENT AND ATTRACT POTENTIAL INVESTORS BY PROMOTING EASE OF DOING BUSINESS IN THE ENERGY SECTOR

Whereas, Republic Act No. 9513, otherwise known as the “Renewable Energy Act of 2008” mandates that the government develop the country’s renewable energy resources to promote a shift to more sustainable, reliable and affordable energy. Under the law, the State recognizes the need to increase the utilization of renewable energy (RE) by institutionalizing the development of national and local capabilities in the use of RE systems, and promoting its efficient and cost-effective commercial application by providing fiscal and non-fiscal incentives;

Whereas, in order to attract more investors by promoting ease of doing business and productivity in the energy sector, the law provides for incentives for RE products and activities such as income tax holiday for the first seven years of its commercial operations, additional income tax exemption on the income attributable to the investment and duty free importation of RE machinery, equipment and materials within the first ten years upon the issuance of a certification of an RE developer. Further, the sale of fuel or power generated from RE sources shall be subject to zero percent value added tax and all sales from the sale of carbon emission credits shall be exempt from any and all taxes;

Whereas, the government developed strategic programs to increase its utilization to establish the framework for the accelerated development· and advancement of REresources. In maximizing the benefits granted to RE investors, it should have helped increase employment by hiring local skilled graduates and provided social and economic opportunities in local investments;

Whereas, after almost six years from the passage of RA 9513, the country has not yet achieved the sustainable energy development needed to reduce the heavy dependence on fossil fuel imports. Though the fiscal and non-fiscal incentives are tools to promote investment in the RE sector, there is a need to review the policy mechanisms for RE development to open the gateway of RE investments. The energy sector is one of the available business opportunities in the country and relative thereto, a favorable business climate should encourage potential investors and developers, both domestic and foreign;

Whereas, the innovative power of a competitive free market in the RE sector is vital to the country’s economy. Not only the RE sector but also other business opportunities such as in agriculture, mining, retail and tourism will benefit from the eradication of bureaucratic procedures and corruption in 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 renewable energy competitiveness and strategic policy mechanisms to attain sustainable energy development and attract potential investors by promoting ease of doing business in the energy sector.

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SRN-620: Impact of Slow and Expensive Internet Connection

RESOLUTION DIRECTING THE COMMITTEE ON TRADE, COMMERCE AND ENTREPRENEURSHIP TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE IMPACT OF SLOW AND EXPENSIVE INTERNET CONNECTION PROVIDED TO CONSUMERS WHICH ADVERSELY AFFECTS EASE OF DOING BUSINESS IN THE PHILIPPINES AND ADVANCEMENT OF TELECOMMUNICATIONS SERVICES AND FACILITIES IN ALL AREAS OF THE COUNTRY

 

Whereas, Sections 13 and 19 of Article XII on National Economy and Patrimony of the 1987 Philippine Constitution provide that the State shall pursue a trade policy that serves the general welfare and utilizes all forms and arrangements of exchange on the basis of equality and reciprocity and shall regulate or prohibit monopolies when the public interest so requires;

Whereas, the State recognizes the vital role of communications in nation building and it has become the objective of government to promote advancement in the field of telecommunications and the expansion of telecommunication services and facilities in all areas of the Philippines. Executive Order No. 59 (s 1993) required mandatory interconnection for other telecommunications firms and thereby encouraged investment in telecommunications infrastructure by service providers duly authorized by the National Telecommunications Communications (NTC);

Whereas, based on the State of the Internet report made by Massachusettsbased Akamai Technologies Inc., the Philippines had an average peak Internet connection speed of 32.6 megabits per second (Mbps) in the 4th quarter of 2013, representing a 103% quarter-on-quarter growth and a 144% rise from the same period in 2012. According to news reports, the Philippines’ average peak Internet connection speed is faster than that of China and several countries in the AsiaPacific region but its low use of broadband technology as well as high costs for Internet users compared to other countries mean slow average connection speeds for consumers. Reports showed that the Philippines had the slowest Internet connection among members of the Association for Southeast Asian Nations (ASEAN);

Whereas, there is a need to ensure that all users of Internet services shall have access to it wherever they may be within the Philippines at an acceptable standard of service and at a reasonable cost. According to the “ASEAN Average Internet Speed Index 2014” report by the ASEAN DNA, the Philippines is at the bottom of the list of ASEAN countries (3.6 Mbps), way below the ASEAN average of 12.4 Mbps;

Whereas, Filipino consumers spend around One Thousand Pesos (Php 1,000.00) per month for Internet services with speed up to two (2) Mbps while some telecommunication companies offer speed up to five (5) Mbps at around Two Thousand Pesos (Php 2,000.00). Comparing the prices of Internet services among Southeast Asian countries, the cost to Filipino consumers is more expensive than Internet costs in Singapore and Thailand, which have the fastest Internet connections globally;

Whereas, in this era of advanced technology, improving Internet connection in the Philippines is crucial to the ASEAN Economic Integration (AEC) in 2015, which aims to transform the region into a single market and production base, and a highly competitive region. To maximize benefits from the AEC for the Filipino people, there is a need to promote an efficient and balanced flow of information into, out of and across the country by providing an environment for the emergence of communications structures that will benefit the vast majority of consumers in the country, which has broad economic growth spurred by increasing competition;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the Committee on Trade, Commerce and Entrepreneurship to conduct an investigation, in aid of legislation, on the impact of’ slow and expensive Internet connection provided to consumers which adversely affects ease of doing business in the Philippines and advancement of telecommunication services and facilities in all areas of the country.

 

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SRN-651: Cybersex Syndicates

RESOLUTION DIRECTING THE COMMITTEE ON YOUTH TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE EXPLOITATION AND ABUSE OF MINORS BY CYBERSEX SYNDICATES AND THE RAMPANT SPREAD OF ONLINE CHILD PORNOGRAPHY

Whereas, the Philippines is a signatory to the United Nations Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography. The United Nations (UN) called the attention of countries around the world on the growing availability of child pornography on the Internet and other evolving technologies. In its conclusion, the UN Convention called for the worldwide criminalization of the production, distribution, exportation, transmission, importation, intentional possession and advertising of child pornography, and stressing the importance of closer’ cooperation and partnership between Governments and the Internet industry;

Whereas, in response to the State’s duty to protect the fundamental rights of every child from all abuse prejudicial to his/her development, Republic Act No. 9775 otherwise known as the “Anti-Child Pornography Law of 2009” was enacted into law. It provides that any person who employs, induces or coerces a child to be engaged or involved in explicit sexual activities, whether visual, audio, or’ written combination thereof, and knowingly distributes it in any manner;

Whereas, in a report by the United Kingdom online newspaper Daily Mail, at least 58 Filipino suspects have been arrested in connection to a Scottish teenager’s suicide following a threat to send compromising images of him to his family and friends unless he paid them. The widespread incidence of prostitution and pornography in the Philippines reaches every part of the globe through cyberspace, and cybercrime dens operating in the country have reached international victims;

Whereas, International watchdog Virtual Global Task Force listed the Philippines as among the top ten countries with rampant cyber pornographic activities involving mostly boys and girls age 10-14. Based on news reports, over 31 provinces are considered by the police as cybercrime “hotspots” for harboring cybersex and cyberporn hubs, and are being closely monitored. Reports showed that most patrons of these multi-billion-dollar cyber activities are from the United States of America and European countries;

Whereas, considering that the youth are the primary users of mass media, there is a need to ensure that those who have access to Internet Technology are protected from predators who search out children who are vulnerable and easily manipulated. To be involved in any way in child pornography will cause detrimental and irreversible effects to a child’s physical, moral, spiritual, intellectual, and social well-being;

Whereas, to address the rampant spread of child pornography, Republic Act No. 10175 otherwise known as the “Cybercrime Prevention Act of 2012” was passed into law to further penalizes acts punishable under RA No. 9775 by one degree higher. While rigid measures have been adopted, the government should be able to properly implement these laws and the violators should be penalized accordingly. Only constant vigilance will start the possible eradication of these pornographic materials involving children, in the hope of building a nation that values the dignity of every human person and guarantees full respect for human rights;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the Committee on Youth to conduct an investigation, in aid of legislation, on the exploitation and abuse of minors by cybersex syndicates and the rampant spread of online child pornography.

 

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SRN-652: Maritime Accidents

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE SEAWORTHINESS OF VESSELS TO ENSURE SAFE AND EFFICIENT OPERATIONS IN ORDER TO AVOID MARITIME ACCIDENTS WHICH HAVE PLAGUED THE PHILIPPINE SEAS IN THE PAST DECADES

Whereas, Article 1732 of the Civil Code states that common carriers are persons, corporations, firms or associations engaged in the business of carrying or transporting passengers for passengers or goods or both, by land, water, or air for compensation, offering their services to the public. Further, under the Carriage of Goods by Sea Act provides that the carrier shall be bound before and at the beginning of the voyage to exercise due diligence to make the ship seaworthy;

Whereas, the carriers are deemed to impliedly warrant the seaworthiness of the ship. For a vessel to be seaworthy, it must be adequately equipped for the voyage and manned with a sufficient number of competent officers and crew. The failure of a common carrier to maintain in seaworthy condition the vessel involved in its contract of carriage is a clear breach of its duty prescribed in Article 1755 of the Civil Code;

Whereas, no less than the Supreme Court held that these provisions owed their conception to the nature of the business of common carriers. This business is impressed with a special public duty. The public relies on the care and skill of common carriers in the vigilance over the goods and safety of the passengers, especially because with the modern development of science and invention, transportation has become more rapid, more complicated and somehow more hazardous;

Whereas, despite the explicit provisions of the laws and the jurisprudence laid down by the Supreme Court, maritime accidents are unfortunately common and quite frequent in the Philippines. Considering the country’s geographical position, eight (8) deadliest ferry disasters occurred in the last two decades and among which, Sulpicio Lines, Inc. owned three vessels: MV Dona Paz in 1987, MV Dona Marilyn in 1988 and MV Princess of the Orient in 1998. The worst maritime disaster happened in December 1987 when MV Dona Paz ferry collided with a tanker, leaving more than 4,000 people dead;

Whereas, on August 11, 2006, the MIT Solar I sank and brought about the Guimaras oil spill. Maritime accidents mentioned in the news reports by the Department of Social Welfare and Development and the National Disaster Risk Reduction and Management Council (NDRRMC) include the MIB Sunjay on January 15, 2006, M/B Leonida II on November 25, 2006, M/V Catalyn on June 10, 2007, M/V Blue Water Princess I on July 12, 2007 and M/V Don Wilfredo on February 14, , 2008; Whereas, on April 16, 2014, a Korean Ferry, MV Sewol sank while navigating Korea’s domestic water. This tragic incident took the lives of 475 people, mostly Korean high school students. Questions on the integrity of the stability of the vessel due to the alterations that were done when the ship was cited to be one of the probable causes of the ship’s sinking. MV Sewol was 18 years old when sold to Korea by a japanese company, Hayashikane Shipbuilding & Engineering Co. Ltd.;

Whereas, due to the prohibitive cost of building and/or buying a new ship, Filipino shipping companies resort to buying a second hand ship from japan. japan has a policy that does not allow shipping vessels that are more than 20 years old to trade in their domestic waters. In effect, japanese ship owners sell their “old” ships to other countries like Korea and Philippines at a cheaper cost. Filipino ship owners, upon buying these ships, do alterations to accommodate more passengers and cargo loads to maximize profit;

Whereas, with more than 7,000 islands, transportation by sea is crucial to the Philippines. Maritime accidents lead to tragic loss of lives and irreparable damage to the environment. These untoward accidents placed in jeopardy the credibility and competence of the maritime officials and employees. The issues on the navigational experience of the concerned government agencies in handling the vessels as well as the training of the maritime officers at times of distress, and the seaworthiness of the vessel remained unanswered through the years;

Whereas the national government has the duty to implement positive measures that can alleviate, if not resolve, the recurring maritime accidents over the past decades. It should give appropriate emphasis on the seaworthiness of the vessels being used by the shipping companies and must demonstrate stronger commitment in the effective implantation of the laws in order to safeguard the safety of the public;

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 seaworthiness of vessels to ensure safe and efficient operations in order to avoid maritime accidents which have plagued the Philippine seas in the past decades.

 

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SRN-709: Development of a National Industrial Strategy Roadmap for E-Commerce

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE DEVELOPMENT OF A NATIONAL INDUSTRIAL STRATEGY ROADMAP FOR E-COMMERCE WITH THE END VIEW OF REVIEWING THE PROVISIONS OF REPUBLIC ACT NO. 8792

Whereas, Republic Act No. 8792, also known as the E-Commerce Act of 2000 recognizes the vital role of information and communications technology (ICT) in nation-building; the need to create an information-friendly environment which supports and ensures the availability, diversity and affordability of ICT products and services;

Whereas, under the law, there shall be an installed electronic online network among government departments, agencies, bureaus, down to the division level and to the regional and provincial and regional offices as practicable as possible, government owned and controlled corporations, government units, other public instrumentalities, universities, colleges and other schools, and universal access to the general public;

Whereas, to facilitate the rapid development of the government information infrastructure (GIl), the Department of Transportation and Communications, National Telecommunications Commission and the National Computer Center were mandated to aggressively promote and implement a policy environment and regulatory or nonregulatory framework that shall lead to the substantial reduction of costs of including, but not limited to, lease lines, land, satellite and dial-up telephone access, cheap broadband and wireless accessibility to the government and the general public;

Whereas, the Philippine Development Plan of 2011-2016 adopts an inclusive growth framework and mandates the government to create a national industrial strategy that shall promote job generation and boost investment in the country. The Department of Trade and Industry, through the Industry Development Group, coordinated the fifty seven different industry associations to produce roadmaps which should guide the growth and development of various industries;

Whereas, in the latest World Economic Forum Global Information and Technology report, the Philippines showed a marked improvement with a rank of 78 out of 148 countries from its previous ranking of 86. In order to sustain this development, there is a need to assess the roadmap for the E-Commerce sector through the aid of appropriate government agencies to promote innovation and further improve the industry’s growth.

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 development of a national industrial roadmap for E-Commerce with the end view of reviewing the provisions of Republic Act No. 8792.

 

 

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SRN-734: Emission Testing Centers

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE EFFICIENCY OF EMISSION TESTING CENTERS IN THE ISSUANCE OF EMISSION COMPLIANCE CERTIFICATES AS ONE OF THE BASIC REQUIREMENTS OF THE LAND TRANSPORTATION OFFICE BEFORE A VEHICLE IS PROCESSED FOR RENEWAL REGISTRATION

Whereas, Republic Act (RA) No. 8749 otherwise known as the “Philippine Clean Air Act” was approved last 23 June 1999. One of its primary objectives is to maintain the quality of air and protect human life from the dangers of air pollution. The national government should be able to provide for a holistic national program of air pollution management through cooperation and self-regulation to be mainly focused on pollution prevention rather than control;

Whereas, RA 8749 and its implementing rules and regulations provide that the Department of Trade and Industry (DTI), the Department of Transportation and Communications (DOTC), through the Land Transportation Office (L TO), and the Department of Environment and Natural Resources (DENR) shall formulate and implement the National Motor Vehicle Inspection and Maintenance Program that will promote the efficient and safe operation of motor vehicles and ensure the reduction of emissions from motor vehicles. The inspection and maintenance program requires all vehicles, as a requisite for renewal of registration, to undergo mandatory inspection to determine compliance with the in-use emission standards;

Whereas, interagency collaboration and cooperation had indeed been a challenge since the passage of the Philippine Clean Air Act of 1999 and thereby giving rise to the need to assess the enforcement capacity of these agencies since they share the responsibility in the management and maintenance of air quality in the country. The continuing increase in motor vehicles, lack of mass public transit system, and worsening traffic conditions further contribute to increasing air pollution;

Whereas, there had been reports that the private and public emission testing centers in LTD are remiss in their duties in properly implementing the law through the issuance of false emission compliance certificates (ECCs). Needless to state, all motor vehicles (MV) must comply with exhaust emission standards prior to registration and operation in public highways. However, some emission testing centers in both private and public levels engage in illegal transactions by allowing motor vehicles to avail of a non-appearance scheme or ghost testing of these . vehicles wherein they made it appear that said vehicles are inspected and subjected to the tests in exchange of additional fees;

Whereas, the national government should be able to provide a quick systematic solution to the proliferation of these false ECCs in order to promote overall motor vehicle safety and prescribe an intensive convergence program towards the full implementation of the Philippine Clean Air Act of 1999;

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 efficiency of emission testing centers in the issuance of Emission Compliance Certificates as one of the basic requirements of the Land Transportation Office before a vehicle is processed for renewal registration.

 

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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.
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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.

 

 

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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.
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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.

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