LEDAC COMMON LEGISLATIVE MEASURES
15th Congress

Arranged per Cabinet Cluster

(As of November 5, 2012)

 

Short Title/Pending Bills

 

Salient Features of Administration Draft

GOOD GOVERNANCE ANTI-CORRUPTION
1. STRENGTHENING THE ANTI-MONEY LAUNDERING?
Enacted into RA10167 (June 18, 2012)

Senate: Enrolled Copy of the Bills forwarded to

OP Signature on June 15, 2012 Bicameral Conference Committee Report Ratified (June 6, 2012) Approved on Third Reading (June 5, 2012)

SB 3009 (CR 80) in substitution of SB 2484 (Sen. Osmeña III) and SB 2783 (Sen. Lacson)

Pending on Second Reading (Interpellations) SB 3123 (CR 145) taking in consideration HB 4275

House: Enrolled Copy of the Bills forwarded to

OP for Signature on June 15, 2012 Bicameral Conference Committee Report Ratified (June 6, 2012) Approved on Third Reading (Dec. 5, 2011)

HB 4275 (CR 672) in substitution of HB 3323 (Rep. R. Golez) and HB 698 (Rep. R. Rodriguez & Rep. M. Rodriguez) Sponsor: Rep. Apostol/Committee on Banks and Financial Intermediaries

Certified Urgent by the President 01 Dec 2011

TERRORIST FINANCING SUPPRESSION ACT OF 2010?
Enacted into RA 10168 (June 18, 2012)

Senate: Enrolled Copy of the Bills forwarded to

OP for Signature on June 15, 2012 Approved on Third Reading (June 6, 2012)

SB 3127 (CR 125) in substitution of SB 2676 (Sen. Angara)

House: Enrolled Copy of the Bills forwarded to

OP for Signature on June 15, 2012 Adopted SB 3127 (June 6, 2012) Approved on Third Reading (February 7, 2012)

HB 5015 (CR 1272) in substitution of HB 2158 (Rep. Nograles), HB 753 (Rep. Antonino) & HB 3027 (Rep. Biazon) Sponsors: Reps. Antonino & Nograles/Committee on Justice

Certified Urgent by the President 27 Oct. 2011

To further amend RA No. 9160, otherwise known as the Anti-Money Laundering Act of 2001, as amended.Proposed amendments include:

  • Revision of the definition of money laundering to include acts of conversion, transfer, disposition, movement, acquisition, possession, use, concealment, or disguise of the proceeds of unlawful activity as constituting the crime of money laundering.
  • Inclusion of additional unlawful activities as predicate offenses to the crime of money laundering such as participation in an organized criminal group and racketeering, terrorism, including terrorist financing, trafficking in human beings and migrant smuggling, sexual exploitation, including sexual exploitation of children, fraud, counterfeiting currency, and environmental crime.
  • Restoration of the Anti-Money Laundering Council’s (AMLC) power to freeze any monetary instrument or property alleged to be related in any way to unlawful activity and money laundering.
  • Allowing ex parte bank inquiry and without court order.
  • Inclusion of designated non-financial business and professions among the covered institutions.
  • Granting the AMLC the authority to retain 25% of the net proceeds of the forfeited assets.
  • A system of special incentives and rewards shall be established for Government agencies and personnel who helped and assisted in the successful investigation, prosecution, and conviction of persons involved.
  • Any person who, directly or indirectly, willfully and without lawful excuse, provides, collects or uses property or funds or makes available property or financial service or other related services, by any means, with the unlawful and willful intention that they should be used or in the knowledge that they will be used, in full or in part: (a) to carry out a terrorist act or acts; (b) by a terrorist entity or organization; or (c) by an individual terrorist shall be guilty of the crime of terrorist financing.
  • Every person who (a) uses property, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out any terrorist act; or (b) possesses property intending that it be used or knowing or having reasonable grounds to believe that it will be used, directly or indirectly, in whole or in part, for the purpose of facilitating or carrying out a terrorist act shall be guilty as a principal of the crime of terrorist financing.
  • It shall also be unlawful for any person to deal with property of terrorists.
  • The Anti-Money Laundering Council (AMLC), on its own initiative or upon request of the Anti-Terrorism Council (ATC), shall be authorized to investigate property or funds of any person when there is probable cause to believe that they are committing, attempting or conspiring to commit, or participating in or facilitating the commission of a terrorist act or terrorist financing.
  • The AMLC, on its own initiative or upon request of the ATC, shall be authorized to issue freeze order on the basis of probable cause.
  • Release of funds for humanitarian consideration may be allowed upon application with the Court of Appeals.
  • Upon receipt of the notice of freeze order, the covered institution or government agency shall immediately preserve the subject property or funds and shall furnish a copy of the notice of the freeze order upon the owner or holder of the property or funds.
  • Terrorism Financing and other violations under this Act shall be included in the list of predicate offenses or unlawful activities under the proposed amendment to the Anti-Money Laundering Act (AMLA).
  • The draft bill also provides for the extra-territorial application of the Act.

The Philippines shall negotiate the inclusion of terrorist financing among extraditable offenses in all future treaties.

2. INSTITUTING REFORMS IN LAND ADMINISTRATION?Senate: Pending with the Committees on Environment and

Natural Resources; Civil Service and Government Reorganization; and Finance

SB 2114 (Sen. Escudero)
SB 1366 (Sen. Legarda)
SB 142 (Sen. P. Cayetano)
SB 643 (Sen. Estrada)
SB 1914 (Sen. Santiago)
SB 2032 (Sen. Angara)
SB 2776 (Sen. Lacson)

House: Draft substitute bill approved by the

Committee on Government Reorganization and referred to the Committee on Appropriations

HB 44 (Rep. R. Rodriguez)
HB 408 (Rep. Angara)
HB 826 (Rep. D & G. Arroyo)
HB 2620 (Rep. D. Arroyo)
HB 2970 (Rep. Escudero)

  • The creation of the Land Administration Authority (LAA) which shall be the sole agency that shall prepare, issue and register all titles to land. The LAA shall be composed of one (1) Director General, four (4) Deputy Director General and five (5) Assistant Director General;
  • The LAA shall have the following functions: land survey and mapping, land registration, public land administration and keeping of land records;
  • The creation of the Stakeholders’ Advisory Committee which shall advise the LAA on the formulation of policies and policy development pertaining tom land administration and public land management and shall monitor their implementation;
  • Permanent field offices at the city and provincial levels shall be established and shall be called Land Offices;
  • The creation of Land Adjudication Board (LAB) which shall be the quasi-judicial body of the LAA;
  • Local Land Adjudication Boards (LLAB) shall be created in all provincial and city Land Offices that shall serve as first level board;
  • The transfer of the powers and functions of the Land Registration Authority (LRA), Land Management Bureau (LMB), and the DENR-CARP to the LAA; and making NAMRIA an attached agency of the LAA.
3. AMENDMENTS TO THE PROCUREMENT LAW*?Senate: Pending with the Committees on Constitutional

Amendments, Revision of Codes and Laws; and Finance

SB 179 (Sen. Trillanes)
SB 426 (Sen. Trillanes)
SB 560 (Sen. Estrada)
SB 764 (Sen. Estrada)
SB 770 (Sen. Estrada)
SB 2089 (Sen. Escudero)
SB 2425 (Sen. Defensor-Santiago)

House: Pending with the Committee on Appropriations

HB 105 (Rep. Abaya)
HB 429 (Rep. Angara)
HB 697 (Rep. R. Rodriguez)
HB 949 (Rep. R. Umali)
HB 1934 (Rep. Arnaiz)
HB 2872 (Rep. Ejercito)
HB 3006 (Rep. R. Rodriguez)
HB 3022 (Rep. Escudero)
HB 1 (Rep. Abaya)
HB 4283 (Speaker Belmonte)
HB 4715 (Rep. Aglipay)
HB 4921 (Rep. Acop)
HB 4955 (Rep. Aumentado)
HB 4973 (Rep. Nograles)
HB 5366 (Rep. Gunigundo)
HB 6337 (Rep. Aumentado)
HB 6411 (Rep. Aumentado)

  • Parties shall apply, as a first option, the provisions of this act, for any procurement that may arise. Should the foreign government or international financing institution waive the application of this act and insist on using another option, they shall explain in writing the reasons and commit to review their positions at regular intervals.
  • Specifications for the Procurement of goods shall be based on relevant characteristics and/or performance requirements. Reference to brand names shall not be allowed, except in the following instances:
  1. When reference to brand name is necessary to clarify an otherwise incomplete specification; or,
  2. If it has been determined that a degree of standardization is necessary in order to ensure continuity for certain essential features.
  • Decisions of the [BAC] Procuring Entity in all stages of procurement may be protested to the [head of the procuring] Government Procurement Policy Board (GPPB).
HUMAN DEVELOPMENT AND POVERTY REDUCTION
4. Amendments to the EPIRA (RA 9136)?(Extending the implementation of the lifeline rate)Enacted into RA 10150 (21 June 2011)
(Certified Urgent by the President, 31 May 2011)
  • Provides for the outright extension of Section 73 thereby extending its effectivity for an additional ten (10) years. The immediate result of this is the continued receipt of 2.02 million households nationwide of discounted electricity rates.
Other amendments to EPIRASenate: Pending with the Committees on Energy;

Public Services; Ways and Means; Finance; and Local Government

SB 2037 (Sen. Angara)
SB 2160 (Sen. Enrile)
SB 2343 (Sen. Enrile)
SB 697 (Sen. Estrada)
SB 2551 (Sen. Villar)

House: Pending with the Committee on Energy

HB 1135 (Rep. Mercado)
HB 1428 (Rep. Baguilat)
HB 311 (Rep. Golez)
HB 1937 (Rep. Gomez)
HB 4543 (Rep. Benaldo)
HB 4847 (Rep. Mariano)
HB 5036 (Rep. Cabaluna)
HB 5508 (Rep. R. Rodriguez)
HB 3081 (Rep. Unabia) – substituted by HR 823 which was later adopted as HR 77 on Feb. 1, 2011
HB 5678 (Rep. Evardone)
HB 6061 (Rep. Climaco )
HB 6101 (Rep. Romualdo)
HB 6363 (Rep. R. Rodriguez)
HB 6173 (Rep. Casino)

  • The Energy Regulatory Commission (ERC) will remain an independent and quasi-judicial body.
  • The composition of the ERC shall include a Lawyer, Economist, Engineer, Consumer and Business sector representatives.
  • The term of office of the ERC Members will be rationalized.
5.Enhancing the Curriculum and Increasing the Number of Years for Basic Education?Institutionalization of Kindergarten:
Enacted into RA 10157 (Jan. 20, 2012)

Increasing the No. of Years of Basic Education:

Senate: Pending on Second Reading (Period of Committee Amendments closed)

SB 3286 (CR 409) in consideration of

SB 2713 (Sen. Recto)

House: Approved on Second Reading

(Oct. 17, 2012)

HB 6643 (CR 2438) in substitution of
HB4219 (Speaker Belmonte)
HB 4199 (Rep. Escudero)
HB 2182 (Rep. Magsaysay)
HR 12 (Rep. Teodoro)

Institutionalizing kindergarten in the basic education curriculum

  • It seeks to provide for a quality 12-year basic education program that each Filipino is entitled to.
  • Basic education shall include Kindergarten and 12 years of elementary and secondary education
6. Providing a Definite Targeting Strategy in Identifying the Poor (Amendments to RA 7875 or the National Health Insurance Act of 1995, as amended)??Senate: Pending on Second Reading

(For Interpellations)

SB 2849 (CR 40)

House: Approved on Third Reading

(May 21, 2012)

HB 6048 (CR 2060)

To achieve universal healthcare for all Filipinos. This will ensure health care insurance for 5.3 million poor families (bottom 20% of the population).This proposed bill is pursuant to the policy of the State to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all people at affordable cost. It empowers the Philippine National Health Insurance Corporation (PHILHEALTH) to:

  • Visit, enter and inspect facilities of health care providers and employers and to secure copies of their medical, financial and other records pertinent to the claims, accreditation, premium contribution records, and that of their patients or employees, where applicable, who are members or dependents of the program;
  • Enter into agreements with national agencies and local governments to require proof of PHILHEALTH membership before transacting with private individuals or groups; and
  • Impose surcharges of three percent per month or any rate as may be fized by the PHILHEALTH in case of delay in remittance of contributions which are due within the prescribed period, and waive or release, in whole or in part, such interest or surcharges imposed upon employers regardless of the amount involved under such valid terms and conditions it may prescribe.
7.Department of Housing and Urban Development (DHUD)?Senate: Approved on Third Reading

(July 24, 2012)

Approved on Second Reading (June 6, 2012)
SB 3199 (CR 142) in substitution of the
SB 751 (Sen. Estrada), SB 66 (Sen. Zubiri)
And SB 136 (Sen. Drilon)

House: Pending on Second Reading

(For Interpellations)

HB 6231 (CR 2216) in substitution of HB 384
(Rep. G. Arroyo); HB 1157 (Rep. Biazon);
HB 2216 (Rep. Valencia); HB 1231 (Rep.
Castelo); HB 5281 (Rep. Lazatin)

HUDCC draft bill as working reference.

To create a Department of Housing and Urban Development to address the absence of an adequate and coherent institutional framework that will enable a holistic management of the housing and urban development sector, address the weakness of the present set-up and define the horizontal and vertical relationship of the department with other government agencies and LGUs. This will provide housing and secure tenure to at least 350,000 homeless families per year, especially the poor. Specifically provides:

  • The DHUD shall be the primary national government entity responsible for the management of housing and urban development. It shall be the main planning and policy-making, program coordination, and performance monitoring entity for all housing and urban development concerns;
  • The DHUD shall be headed by a Secretary assisted by two (2) Undersecretaries and three (3) Assistant Secretaries;
  • The following shall be agencies attached to the DHUD: National Housing Authority (NHA), Housing Guaranty Corporation (HGC), National Home Mortgage Finance Corporation (NHMFC), Home Development Mutual Fund (HDMF), Social Housing Finance Corporation (SHFC), and Housing and Urban Development Adjudication Commission (HUDAC);
  • Renaming and reconstituting the Housing and Land Use Regulatory Board (HLURB) into the Human Settlement Adjudication Commission (HSAC) composed of a Chairperson and fourteen (14) full-time Members
  • Appointing and defining the jurisdiction of Housing and Land Use Arbiters. Decisions, awards or orders of the Housing and Land Use Arbiters shall be final and executory unless appealed to the HUDAC within ten (10) calendar day from receipt;
  • The HDMF, SSS and GSIS shall allocate funds annually to implement home lending and housing assistance programs which qualified members of these institutions may avail of;
  • The Housing and Urban Development Coordinating Council’s (HUDCC’s) functions, equipments, funds, chooses in action, records and pertinent transactions, shall be transferred to the DHUD.
8.Strengthening and Reorganizing the National Food Authority (NFA)?Senate: Pending with the Committees on

Government Corporations and Public Enterprises; Trade and Commerce; Finance; and Agriculture and Food

SB 2347 (Sen. Legarda)
SB 772 (Sen. Estrada)
SB 766 (Sen. Estrada)
SB 449 (Sen. Estrada)

House: Pending with the Committees on Government

Enterprises and Privatization; Agriculture & Food; and Food Security

TWG conducting out-of-town public hearings

HB 160 (Rep. Yap)
HB 1528 (Rep. Cua)
HB 2544 (Rep. Ejercito)
HB 3279 (Rep. Ejercito)
HB 4261 (Rep. Ong)
HB 4284 (Speaker Belmonte)
HB 4603 (Rep. D. Arroyo)
HB 4626 (Rep. Enrile)

To ensure food security and stability of both the supply and prices of food grains and to carry out regulatory and developmental functions to support farmers to increase productivity, profitability and to ensure consumers’ accessibility and affordability of food grains and availability at all times. Specifically:

  • There shall be created a National Food Corporation (NFC)primarily mandated to maintain and manage a national Strategic Rice Reserve and Government Rice Buffer Stock by July of each year.It shall also be engage in the business of trading, marketing, importing and exporting basic and prime food products.
  • The NFC shall start on a clean slate basis. All assets and liabilities of NFA not transferred shall be retained and administered, disposed of and liquidated by the NFA.
  • There shall also be created a Food Development and Regulatory Administration (FDRA) which shall carry out regulatory, scientific and developmental functions for strengthening the efficiency of the food supply chain in order to increase the value of farmers’ produce as a component of food products for export.
  • In addition, the Department of Agriculture seeks to incorporate additional provisions to the version introduced by Rep. Cua, as follows:
  1. Providing the NFC the authority to establish an Agricultural Commodity Exchange System (ACES) that will not be subject to taxes except for a service fee of at most 1%;
  2. Allowing the FDRA to establish rules and regulation with respect to export without need for certification of surplus;
  3. To include a rice-smuggling provision that will increase the penalties for such acts, consider it as economic sabotage and deem the offense as non-bailable; and,
  4. To include a provision that requires the enactment of a law, if either the NFC or the FDRA will be organized or privatized.
9. Additional benefits and protection to household helpers (Kasambahay Bill)??Pending in the Bicameral Conference Committee

Senate: Approved on Third Reading (Dec. 13, 2010)
SB 78 (CR 7)

House: Approved on Third Reading

(Sept. 5, 2012)

HB 6144 (CR 2160) in substitution of:
HB 553 (Rep. Enrile)
HB 729 (Rep. R. Rodriguez)
HB 1815 (Rep. Aglipay)
HB 4896 (Rep. Mercado-Revilla)
HB 3 (Rep. R. Singson)
HB 1140 (Rep. D. Arroyo)
HB 4753 (Rep. Bagasina)
HB 5289 (Rep. E. Magsaysay)
HB 5136 (Rep. Singson)
HB 2400 (Rep. Acop)

  • Pegs the monthly salary rates of house helpers at P2,500 in the National Capital Region, P2,000 in other chartered cities and first class municipalities and P1,500 in other municipalities
  • Viewed to significantly impact and improve minimum working conditions and ensure protection to an estimated 2.5 million domestic workers through mandatory coverage under Social Security System (SSS), Philhealth and Employees Compensation Commission (ECC).
10. Expanding the coverage of Science and Technology Scholarship Program??Senate: Pending with the Committees on Science

and Technology; and Government Corporations and Public Enterprises

Conducted public hearings on May 21, 2012
SB 3074 (Sen. Enrile)

House: Draft substitute bill approved by the

Committee on Science and Technology and pending with the Committee on Appropriations

HB 2829 (Rep. Primicias-Agabas)
HB 3676 (Rep. Palmones)

  • Creates a Science and Technology Scholarship Fund which shall be administered by the DOST.
  • It shall not be covered by laws, circulars and orders on reversion of funds to the National Treasury since it will be used to finance the education of the underprivileged but deserving students.
  • To ensure the continuous implementation of the program, the budget of the DOST shall be increased in the amount of P300 million.
  • To qualify for the scholarship program, the applicant must be a member of the top 5% of the graduating class, resident of the municipality for at least 4 years; of good moral character and in good health; and qualify in the DOST-SEI scholarship examination.
  • Provisions for setting up a fund as seed money which proceeds/interests shall finance the scholarship program, and the conduct of review of the program every five years.
11.Amending PD 269 for the purpose of the Government’s Rural Electrification Program??Senate: Pending with the Committees on Cooperatives; and Ways and Means

SB 2969 (Sen. Recto)

House: Pending on Second Reading

(Period of Interpellations)

HB 6214 (CR 2191) in substitution of HB
1018 (Rep. Paez); HB 5306 (Batocabe); HB
5244 (Rep. Aumentado; HB 5380 (Rep.
Rivera); HB 5578 (Rep. Abad); and HB 1019 (Rep. Paez)

  • Provides electric cooperative’s (ECs) option of conversion to either (1) stock cooperatives to avail of the fiscal and non-fiscal incentives under the Philippine Cooperative Code of 2008 or (2) stock corporation with the SEC. Those registered with SEC shall no longer enjoy incentives entitled upon all ECs.
  • Supervision in the operations of all electric cooperatives shall be with NEA while registration is wi CDA (similar to the handling of the BSP and SEC for banks)
  • NEA to develop, set and enforce financial and technical compliance standards for the efficient operation of all ECs.
  • NEA step-in rights for ailing cooperatives including take-over of operations, and the power to replace the EC board in the case of failure to meet operational standards. Upon take over, NEA may convert ailing EC to either stock cooperative or stock corporation.
  • NEA financing and guarantee assistance contingent upon observance of compliance standards in the operations of the electric cooperatives.
  • Focus on expansion of the distribution system in rural areas.
  • Independence of the Board of Directors and officers of ECs from Local Politics.
  • CDA to act as guardian of the shareholder and NEA to act as guardian of the member-consumers.
12.Restructuring the Excise Tax on Alcohol and Tobacco Products?Senate: Pending on Second Reading

(Period of Sponsorship)

SB 3299 (CR 411) in substitution of
SB 3249 (Sen. Santiago)
SB 2763 (Sen. Lacson) (alcohol only)
SB 2998 (Sen. Santiago) (tobacco only)
SB 2764 (Sen. Lacson)

House: Approved on Third Reading

(June 6, 2012)

Approved by the Committee on Ways and Means (May 9, 2012)

HB 5727 (CR 2171) in substitution of the following:
HB 4787 (Rep. Mandanas)
HB 2687 (Rep. Limkaichong)
HB 3332 (Rep. E. Singson)
HB 3465 (Rep. Abad)
HB 3489 (Rep. Tupas)
HB 3666 (Rep. Javier)
HB 5727 (Rep. Abaya)

Complementary measure to the Healthcare Financing Bill which is also included in the current LEDAC Common Legislative Agenda

  • To bill aims to make companies engaged in the alcohol and tobacco industry to internalize negative externalities of alcohol drinking and tobacco smoking, adopting a single rate for all such products.
  • Allows automatic adjustment of the tax rates using the relevant NSO-established tobacco and alcohol indexes, which will track inflation and, thus, maintain the buoyancy of the revenues from this source since the authority to increase the rates expired 1 January 2011. The tax rates on alcohol products are graduated according to the alcohol content instead of their manner of production.
  • Directs specified portions of the incremental revenues to be earned from the excise tax towards (a) programs for promoting economically viable alternatives for tobacco farmers and workers; and (b) augmenting the funds for universal health care program of the government.
  • Safety nets shall be provided to companies and other entities/individuals, i.e. domestic manufacturers of liquors, who will be affected or displaced during the transition to the new tax structure. Social safety nets may include trainings for alternative livelihood programs, among others.
13. Responsible Parenthood, Reproductive Health and Population and Development?Senate: Pending on Second Reading

(Period of Amendments)

SB 2865 (CR 49) in substitution of SB 2378 (Sen. Defensor-Santiago) and SB 2768 (Sen. Lacson) taking into consideration SR 238 (Sen. P. Cayetano)

House: Pending on Second Reading

(Period of Amendments)
HB 4244 (CR 664) in substitution of HB 96 (Rep. Lagman), HB 101 (Rep. J. Aquino), HB 513 (Reps. Bag-ao & Bello), HB 1160 (Rep. Biazon), HB 1520 (Rep. Syjuco), HB 3387 (Reps. Ilagan & De Jesus) Sponsors: Reps. Espina, Lagman, Garin, Bag-ao, Bello/Committee Population and Family Relations

   Proposed amendments to HB 4244:

  • Delete “sexual orientation in Sec. 2 Declaration of Policy
  • Insert “within the limits set by the Constitution and” on Sec. 3 (a) Guiding Principles
  • Add “provided that the State may provide additional funding support to promote natural methods of family planning” in Sec. 3(e) Guiding Principles
  • Revise Sec. 7. Access to Family Planning to read: “except in the case of specialty hospitals and hospitals owned and operated by a religious group, provided, that these hospitals may render such devices on an optional basis.”
  • Change Grade “Five to “Six” in Sec. 16. Mandatory Age-Appropriate Reproductive Health and Sexuality Education
  • Add “with due regard to religious affiliation on Sec. 16 (1) Values Formation
  • Delete “and encourage them to have two children as the ideal family size. Attaining the ideal family size is neither mandatory nor compulsory. No punitive action shall be imposed on parents having more than two children” in Sec. 20. Ideal Family Size
  • Delete paragraph 2 of Sec. 28. Prohibited Acts for being vague and unclear
  • Insert “charged with the duty to implement the provisions of this Act” as a qualification to public official on Sec. 28 (b)
14. Amending RA 7279 or the Urban Development and Housing Act or UDHA (20% Balanced Housing)?Senate: No bill filed.

House: Approved on Third Reading (Dec. 13, 2011)

HB 5446 (CR 1498) in substitution of HB 3188 (Rep. Herrera-Dy), HB 3189 (Rep. Herrera-Dy), HB 3451 (Rep. Revilla), HB 4022 (Rep. Bello), HB 4371 (Rep. Valencia) and HB 5282 (Rep. Lazatin) Sponsors: Rep. Valencia/Committee on Housing and Urban Development

  • Amends Section 18 of the UDHA to include a system to be specified in the Framework Plan whereby developers of proposed subdivision and condominium projects shall be required to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total condominium/subdivision project cost, at the option of the developer
  • The socialized housing should be within the same city or municipality, whenever feasible, and in accordance with the standards set by the Housing and Land Use Regulatory Board (HLURB) and other existing laws
ECONOMIC DEVELOPMENT
15. ANTI – TRUST*?Senate: Pending on Second Reading

(For Interpellations)

SB 3098 (CR 97)

House: Pending on Second Reading (Interpellations)

Approved on Second Reading (August 8, 2011) Reconsidered Approval on Second Reading (August 15, 2011)

HB 4835 (CR 1215) in substitution of HB 549(Rep. Enrile), HB 913 (Reps. S. Yap & Cari), HB 1007 (Reps. Alvarez, Apostol & Speaker Belmonte), HB 1583 (Reps. D. Arroyo, G. Arroyo), HB 1733 Rep. Teodoro), HB 1980 (Reps. R. Rodriguez, M. Rodriguez, Miraflores& A. Golez), HB 3100 (Rep. A. Garin), HB 3144 (Reps. Benitez & Aumentado), HB 3244 (Rep. G. Arroyo), HB 3476 (Rep. R. Umali), HB 3534 (Rep. Tanada), HB 3985 (Reps. Gullas, Aumentado & Nograles)Sponsor: Rep. A. Garcia/Committee on Trade and Industry

  • There shall be created a Philippine Fair Competition Commission (PFCC) which shall have original and exclusive jurisdiction to enforce, implement and administer the provisions of the Act.
  • It shall be unlawful for firms to engage in horizontal and vertical agreements that prevent, distort or restrict competition, unless otherwise exempted.
  • It shall be unlawful for one or more firms to abuse their dominant position, by engaging in unfair methods of competition, or in unfair or deceptive trade practices, or entering into combinations in the form of trust or otherwise, or conspiracy, with the purpose and effect to prevent, restrict, or distort competition.
  • No firm engaged in commerce or trade shall acquire, directly or indirectly, the whole or any part of the stock or other share capital, or the whole or any part of the assets, of one or more firms engaged in any line of commerce or trade where the effect of such acquisition of such stocks, share capital, or assets, or of the use of such stock by voting or granting of proxies or otherwise maybe to substantially lessen competition, or tend to create a monopoly.
  • Any civil or criminal action to enforce any cause of action arising from a violation of any provision of this Act shall be forever barred unless commenced within five (5) years after the cause of action accrues. The running of the statute of limitation shall be suspended during the pendency of any proceeding.
16. Rationalizing the Grant and Administration of Fiscal Incentives for the Promotion of Investments and Growth*?Senate: Pending with the Committees on Economic

Affairs; and Ways and Means

Joint Committee Hearings on 1 Mar. 2011 &15 Aug. 2011

SB 2142 (Sen. Recto)
SB 2379 (Sen. Villar, Jr.)
SB 2755 (Sen. Angara)

House : Approved on Third Reading

(August 15, 2011)

HB 4935 (CR 1261) in substitution of HB 938 (S.Yap), HB 3162 (Rep. G. Macapagal- Arroyo); HB 4402 (Rep. A. Garcia) and HB 4152 (Speaker Belmonte) Sponsors: Reps. Mandanas, A. Garicia, A. Yap. G. Arroyo, F. Belmonte & N. Gonzales/Committee on Ways and Means

It is an act rationalizing the grant of fiscal incentives for the promotion of investments and growth, and for other purposes. It shall be known as “The Consolidated Investment Incentives Code of the Philippines.” This bill is in consonance with the State policy to ensure that investment incentives shall promote substantial social and economic spillovers, equitable development across income classes and across provinces, are fiscally sustainable, financially and economically justifiable and are consistent with international treaties. Specifically:

  • It requires all Investment Promotion Agencies to administer fiscal incentives, as enumerated in the proposed bill, to their respective registered export enterprises to the extent of their registered activities;
  • Registered domestic enterprises, which invest in activities listed in the Investment Priorities Plan (IPP), shall enjoy tax incentives only by locating in any of the less developed areas. They may choose either Full Income Tax Holiday or Reduced Income Tax. However, their choice shall be final and cannot be changed for the duration of their registration;
  • It empowers the President upon joint recommendation of the Secretary of Finance, Secretary of Trade and Industry and Director-General for Economic Planning, to allow the registration of, and grant of tax incentives to, a strategic project that will undertake an activity that is not listed in the IPP either as an export-oriented or domestic-oriented enterprise;
  • It allows the Philippine PEZA to confer upon private developers of PEZA ecozones the 5% tax on gross income earned in lieu of all national and local taxes except the value-added tax and real property tax;
  • It authorizes the Bureau of Customs to examine the entry and exit of imported articles into the economic zones and free ports for the purpose of determining the quantity and description of subject imported article.
17. Amendments to RA 6957 as amended by RA 7718 or the Act Authorizing the Financing, Construction, Operations and Maintenance of Infrastructure Projects by the Private Sector?Senate: Pending with the Committees on Public

Works; Local Government; Ways and Means; and Finance

SB 2710 (Sen. Recto)

House: Pending with the Committees on Public

Works and Highways; and Government Enterprises and Privatization

TWG on-going

HB 759 (Rep. Antonino)
HB 4151 (Speaker Belmonte)
HB 4919 (Rep. Daza)
HB 5238 (Rep. Acop)

To increase investments in infrastructure by creating an enabling environment for private sector investment in infrastructure. Specifically:

  • Unsolicited proposal for projects may be submitted to the concerned government agency, GOCC or local government unit which may (1) use the unsolicited proposal as the basis for public bidding, (2) accept the unsolicited proposal on a negotiated basis, or (3) reject the proposal;
  • Upon certification and recommendation of NEDA, the President may classify certain projects as “Projects of National Significance”;
  • Conditions to qualify as Projects of National Significance: (1) total cost of at least P5 billion and (2) project is located or affects 2 provinces;
  • Projects of National Significance shall enjoy incentives such as real property tax exemption, maximum of 50% of 1% of gross sales/receipts imposable local tax and automatic grant of business permits.
18. Amendments to the Charter of the People’s Television Network, Inc.??Senate: Pending in Second Reading (Sponsorship Speech, Oct. 17, 2012)

SB 3316 (CR 454) in consideration of:
SB 2985 (Sen. Legarda)
SB 3070 (Sen. Guingona)

House: Pending with the Committees on Government

Enterprises and Privatization; and Public Information (Committee Report for filing)

Draft Committee Report for approval of Appropriations Committee

HB 5061 (Rep. Torres-Gomez)
HB 5147 (Rep.Cua)

  • The bill seeks to amend PTV-4’s charter in order to ensure its long-term viability and increased productivity.
  • DENR and Bureau of Lands shall identify and appropriate alienable government land for the Network to establish and build its main broadcast center and major provincial stations, for possible future expansion.
  • An Advisory Board shall be created, which shall be composed of seven (7) sectoral members with expertise in their respective fields. The members shall be appointed by the President and shall serve for a fixed term of one (1) year.
  • The members of the Board of Directors shall elect amongst themselves the Chairman of the Board.
  • Additional authorized capital stock of the Network shall be subject to the GAA.
  • The Network shall be allowed to generate funds from advertising airtime sale in accordance with the policies and rates set by the Board of Directors. All fees or revenues shall be retained and utilized solely for its operations and capital expenditures.
  • Positions in the Network considered as creative and artistic in nature shall be exempted from the qualification standards and civil service eligibility requirements.
19. Protecting individual personal data in information and communications systems in government and in the private sector (Data Privacy Act)?Enacted into RA 10173 (August 15, 2012)

Senate: Bicameral Conference Committee Report

Ratified (June 6, 2012) Approved on Third Reading (March 20, 2012)

SB 2965 (CR 56)

House: Bicameral Conference Committee Report

Ratified (June 6, 2012) Approved on Third Reading (March 9, 2011)

HB 4115 (CR 554) in substitution of HB 890 (Rep. S. Yap) & HB 1554 (Rep. Romulo) Sponsors: Reps .C. Jalosjos & Tinga/Committees on Government Reorganization and Information and Communications Technology

  • Seeks to establish fair practices, regulations, and protective mechanisms on the usage of individual’s personal information in both private and governmental information and communications systems. They also seek to provide a set of rules which prohibits the misuse of personal data without preventing it from being used for legitimate or beneficial purposes.
  • It shall apply to the processing of all types of personal information and to any natural and juridical person involved in personal information processing and to all sensitive data maintained by the government.
  • Provides that the Commission on Information and Communications Technology shall administer the rules on the protection of data (HB 4115) and seeks to establish a National Privacy Commission that would regulate the use and treatment of sensitive and personal information.
  • Provides for accountability for transfer of personal information and the corresponding penalties to violations of data privacy.
20. Broader Protection for Consumers (Amending RA 7394 or the Consumer Act of the Philippines)?Senate: Pending with the Committee on Trade and

Commerce; Health and Demography; and Ways and Means

SB 2975 (Sen. Recto)
SB 2514 (Sen. Lapid)
SB 1924 (Sen. Santiago)
SB 1527 (Sen. Santiago)
SB 1446 (Sen. Zubiri)
SB 1085 (Sen. Villar)
SB 954 (Sen. Lapid)
SB 606 (Sen. Estrada)

House: Approved by the Committee on Trade and Industry

TWG consolidated bill for approval

HB 5059 (Rep. Apacible)
HB 436 (Rep. Angara)
HB 518 (Rep. Teodoro)
HB 5181 (Rep. Teodoro)
HB 1225 (Rep. D. Arroyo)
HB 3120 (Rep. Villarosa)
HB 3833 (Rep. R. Rodriguez)
HB 679 (Rep. Romualdo)
HB 4388 (Rep. R. Rodriguez)

  • Provides for eight (8) Consumer Bill of Rights, namely, the right to basic needs, to choose, to representation, to redress, to consumer education, safety, a healthy environment, and to information.
  • Provides for five (5) consumer responsibilities, i.e. critical awareness, action, social concern, environmental awareness and solidarity.
  • Mandates the English and Filipino translation of product labels written in foreign characters/languages; relevant and truthful advertisement; and safeguards in sales and promotions campaigns.
  • Grants the BangkoSentral the jurisdiction to implement Consumer Credit Transactions and making the National Consumers Affairs Council directly attached to the Office of the President.
  • Increases the present penalties of RA 7394 or Consumer Act and sets uniform penalty to be imposed for violation of any of the provisions of the Consumer Act; and lengthening the period of prescription to file claims from 2 to 3 years.
21. Reorganizing the Philippine Statistical System (Repealing EO 121)?Senate: Pending with the Committees on Economic

Affairs; Civil Service & Government Reorganization; Finance Conducted Joint Committee Hearing on 22 Nov. 2010

SB 347 (Sen. Trillanes)
SB 103 (Sen. Escudero)

House: Approved on Third Reading

(June 4, 2012)

HB 6229 (CR 2204) in substitution on HB 1382 (Rep. Durano); HB 2205 (Rep. Escudero); HB 3220 (Rep. R. Rodriguez); HB 3334 (Rep. N. Gonzales)

  • The Philippines Statistical System (PSS) consists of statistical organizations at all administrative levels, the personnel therein and the national statistical program. The PSS shall remain decentralized with a strong coordination feature. A Philippine Statistical Authority (PSA) shall be created which shall be attached to the National Economic Development Authority (NEDA). The PSA shall be composed of the PSA Board and PSA Offices on sectoral statistics, censuses and technical coordination, civil registration and central support, and field statistical services. It shall be the central statistical authority of the government on primary data collection. The PSA Board shall be the highest policy making body on statistical matters.
  • The PSA shall be constituted from among the existing personnel of the major statistical agencies. The following agencies shall be abolished and their property, records, and personnel shall be transferred to the PSA: National Statistics Office (NSO), Bureau of Agricultural Statistics (BAS), Bureau of Labor and Employment Statistics (BLES), and the National Statistical Coordination Board (NSCB).
  • A National Statistician shall also be designated with the rank of Undersecretary, to be assisted by three (3) Deputy National Statisticians. An inter-agency committee on statistics shall also be created which will resolve agency and sectoral concerns on statistical matters. The Philippine Statistical Research and Training Institute (PSRTI) shall also be created to conduct statistical research and training.
  • Other features of the Bill include: the creation of the Philippine Statistical Development Program; the obligation to provide information; the confidentiality of information; and the posting of statistical personnel in government offices.
SECURITY, JUSTICE AND PEACE
22. Establishing Archipelagic Sea lanes in the Philippine Archipelagic Waters, Prescribing the Rights and Obligations of Foreign Ships and Aircrafts Exercising the Right of Archipelagic Sea Lanes Passage Through the Established Archipelagic Sea Lanes and Providing for Associated Protective Measures Therein?Senate: Pending with the Committee on Foreign

Relations Committee Hearing held on April 27, 2012

SB 2738 (Sen. Trillanes)

House: Approved on Third Reading (Jan. 24, 2011)

HB 4153 (CR 1245) by Speaker Belmonte Sponsor: Rep. Bichara/Committee on Foreign Affairs

  • It establishes the archipelagic sea lanes in the Philippine Archipelagic Waters, prescribing the rights and obligations of foreign ships and aircrafts exercising the right of archipelagic sea lanes passage through the established archipelagic sea lanes and providing for the associated protective measures.
23. Defining the Maritime Zones of the Philippines?Senate: Pending with the Committee on Foreign Relations

SB 2723 (Sen. Osmena III)
SB 2737 (Sen. Trillanes)

House: Approved on Third Reading (Nov. 29, 2011)

HB 4185 (CR 831) by Reps. R. Golez & Aumentado Sponsor: Rep. Bichara/Committee on Foreign Affairs

The proposed bill is a general declaration of the maritime zones under the jurisdiction of the Philippines. It mentions, in general terms, the rights that the Philippines may exercise over these maritime zones. The Maritime zones of the Philippines are comprised of the internal waters, archipelagic waters, territorial sea, contiguous zone, exclusive economic zone and continental shelf.This is to provide the flexibility in enacting laws pertinent to the rights and obligations that the Philippines would like to exercise over the maritime zones in the future.

The Philippines is a signatory and party to the 1983 United Nations Convention on the Law of the Sea (UNCLOS). This proposed bill is pursuant to the UNCLOS recognition that the Philippines and other coastal States have the right to establish various maritime zones and jurisdictions over which it can exercise sovereignty and appurtenant sovereign rights.

24. Whistleblower’s Bill*?Senate: Pending on Second Reading

(Period of Interpellations)

SB 2860 (CR 47) in substitution of SBs 1063, 1883, 2112 and 2836 and in consideration of SBs 1987, 2173 and 2368

House: Approved on Third Reading (March 21, 2012)

HB 5715 (CR 1694) in substitution of HB 132 (Rep. Casino); HB 452 (Rep. Angara); HB 1832 (Rep. Teodoro); HB 2110 (Rep. R. Rodriguez); HB 2471 (Rep. Arenas); HB 2675 (Rep. Quisumbing); HB 2922 (Rep. Escudero) Sponsor: Rep. Tupas/Committee on Justice

  • “Whistleblower” shall refer to an informant or any person who has personal knowledge or access to data of any information or event involving improper conduct by a public officer and/or a public body.
  • Before a person is provided protection as a whistleblower or informant for the State, he shall first execute a Memorandum of Agreement (MOA) which shall set forth his/her responsibilities.
  • Substantial breach of the MOA shall be a ground for the termination of the protection provided under the Act.
  • A whistleblower, informant or any person who has made a disclosure under this Act shall have, as defense in any other inquiry or proceeding, the absolute privilege with respect to the subject matter of his/her disclosure or information given to the proper authorities.
  • When determined to be necessary and appropriate, a whistleblower or informant, even if the disclosure is made in confidence, shall be entitled to personal security. Should, at anytime, the identity of the informant be revealed, or his anonymity compromised, the whistleblower or informant shall, in addition to the other benefits under this Act, and when warranted, be entitled to the benefits of R.A. No. 6891.
  • There should be included a provision for the creation of the Council, to be attached to the Office of the Ombudsman and composed of members whose rank shall not be lower than a director to be designated by the concerned heads of departments.
  • The enumeration of improper conduct by public officer and/or public body should not include “Title II” of the Revised Penal Code since these are “Crimes Against the Fundamental Laws of the State
  • Funding for the additional benefits under the Witness Protection Program will be sourced Whistleblower’s Budget.
  • Once admitted into the program, a whistleblower or informer may perpetuate his testimony pursuant to Rule 134 of the Revised Rules of Court.
25. Witness Protection*?Senate: Pending in the Committee in the Committee

on Justice and Human Rights; and Finance

SB 2368 (Sen. Escudero)
SB 2173 (Sen. Pangilinan)
SB 187 (Trillanes)
(These bills were considered in SB 2860 now pending on 2nd Reading, Period of Interpellations)

Note: The Committee, upon representation by the

DOJ, has tentatively decided to submit a separate report on Witness Protection

House: Approved on Third Reading

(July 31, 2012)

HB 5714 (CR 1693) in substitution of HB 15 (Rep. R. Golez); HB 419 (Rep. Angara); HB 473 (Rep. Angara); HB 608 (Rep. Angara); HB 629 (Rep. Datumanong); HB 1285 (Rep. P. Garcia); HB 1476 (Reps. D. Arroyo & G. Macapagal-Arroyo); HB 1644 (Reps. R.Rodriguez& M. Rodríguez); HB 1979 (Rep. R. Rodriguez); HB 2724 (Rep. R. Rodriguez); HB 2771 (Rep. Teodoro); HB 3048 (Rep. Escudero); HB 3079 (Rep. Nograles); HB 4080 (Rep. Escudero); HB 4079 (Rep. Escudero); HB 5060 (Rep. Palmones) Sponsor: Rep. Tupas/Committee on Justice

  • An organic Witness Protection, Security and Benefit Program (WPSBP) security unit shall be created to provide security and protective services.
  • The Senate of the Philippines or the House of Representatives, as the case may be, shall provide for a separate “Witness Protection, Security and Benefit Program” for their resource persons and/or witnesses.
  • Before a person is provided protection under this Act, he shall first execute a Memorandum of Agreement (MOA) which shall set forth his responsibilities including not to enter into an amicable settlement through the execution of an affidavit of desistance.
  • Substantial breach of the MOA may be a ground for criminal action.
  • When the circumstances warrant, the witness shall be entitled to relocation and/or change of personal identity at the expense of the program. This right may be extended to any member of the family of the witness within the second civil degree of consanguinity or affinity who is under threat.
  • Upon request of the program the TESDA and/or DepEd shall provide vocational training to qualified witnesses to encourage them to be self sufficient in preparation for their reintegration to mainstream society. The Department of Labor and Employment (DOLE) and/or Overseas Workers Welfare Administration (OWWA) shall likewise render assistance for the placement and employment of covered witnesses locally and abroad.
  • In extremely meritorious cases, to be determined by the Secretary of Justice and upon request of the witness, he may be relocated abroad.
  • The coverage of a witness under the program shall be one of the circumstances under which the perpetuation of the testimony of a witness shall be allowed in addition to those provided for in Rule 24 in relation to Rule 134 of the Revised Rules of the Court of the Philippines.
26. Strengthening the Modernization of the Armed Forces of the Philippines, Extending the Implementation of the AFP Modernization Act?Bicameral Conference Committee Ratified in both Chambers (Sept. 19, 2012)

Senate: Approved on Third Reading

(June 4, 2012)

SB 3164 (CR 138) in substitution of the following:
SB 351 (Sen. Trillanes)
SB 693 (Sen. Estrada)
SB 2705 (Sen. Recto)
SB 2938 (Sen. Lacson)

House: Approved on Third Reading (July 31, 2012)

HB 6410 (CR 2277) in substitution of
HB 2112 (Rep. R. Rodriguez)
HB 1162 (Rep. Biazon)
HR 93 (Rep. R. Rodriguez)
HB 76 (Rep. A. Garcia)
HR 3 (Rep. Biazon)
HB 4949 (Rep. Biazon)
HR 578 (Rep. Biazon)
HR 333 (Rep. R. Rodriguez)

To amend various sections of RA 7898, otherwise known as the AFP Modernization Act, including the extension of the implementation of the AFP Modernization Program until the year 2025.

  • It entails the development and employment of certain capabilities that can address the assessed threats, provided that the acquisition of air force, nay and army equipment and material of such types and quantities shall be made in accordance with the need to develop AFP capabilities pursuant to its modernization objectives, provided further, that the acquisition of new equipment and weapons systems shall be synchronized with the phase-out of uneconomical and obsolete major equipment and weapons systems in the AFP inventory, provided finally, that no supply contract shall be entered unless such contract provides for, in clear and unambiguous terms, an after sales services and the availability of spare parts.
  • It extends the effectivity of the “AFP Modernization Act” and the AFP Modernization Program until year 2025;
  • It authorizes the Department of National Defense and the Armed Forces of the Philippines to enter into and execute contracts of sale, lease and joint venture agreements involving defense real properties, and to enter into public-private partnerships in order to raise additional proceeds needed for the Modernization Program of the AFP;
  • It creates a trust fund to be known as the AFP Modernization Act Trust Funds. Said trust fund shall be used exclusively for the AFP Modernization Program.
27. Amendments to the National Defense Act*?Senate: Pending with the Committees on National

Defense and Security; Foreign Relations;and Finance

Conducted Joint Committee Hearing on 15 Feb. 2011

SB 110 (Sen. Honasan)
SB 675 (Sen. Estrada)
SB 438 (Sen. Estrada)
SB 2917 (Sen. Estrada)

House: Pending with the Committee on National

Defense and Security

TWG deliberations on-going

HB 865 (Rep. Biazon)

  • The Department of National Defense (DND) is the primary government agency charged with the duty of executing the national defense program of the country.
  • The DND shall institute and implement a Philippine Defense Reform Program.
  • The DND shall enter into Defense/Military Cooperation Agreements to encourage and to develop multi-faceted ties of friendship and cooperation between the defense and armed forces of another country.
  • The exercise of authority, direction and control over the AFP shall be carried out through the Chain of Command, beginning from the President as the Commander-in-Chief.
  • The AFP shall be composed of two major components: (a) a Regular Force adequate for the security of the State; and (b) a Citizen Armed Force, alternately referred to as the Reserve Force.
  • The Chief of Staff of the Armed Forces of the Philippinesshall serve as the principal military advisor to the President and the Secretary of National Defense.
  • The Philippine Army (PA), is the primary ground force component of the AFP; the Philippine Navy (PN) is the primary naval force component of the AFP; and, the Philippine Air Force (PAF) is the air force component of the AFP
  • The Philippine Military Academy is the primary training and educational institution of the AFP, which shall be its principal source of regular officers
  • The AFP Promotion System shall be governed by the principle that as officers are promoted from one grade to the next higher grade, the criteria of competence, individual merit and potentials increase in importance while that of seniority diminishes in significance, such that for promotion to senior grade levels, the criteria of competence, merit and potentials become the primary consideration while seniority becomes secondary.
  • Every Filipino shall endeavor to instill upon themselves basic, suitable and sufficient military training and knowledge through the Reserve Officer Training Corps or Compulsory or Voluntary Military Training.
  • The citizen soldiers, alternately referred to as reservists, who compose the Reserve Force are those reservists of the AFP who are incorporated into the Reserve Force.
  • It shall be mandatory for all able-bodied citizens between the ages of eighteen (18) and twenty-five (25) years who are not reservists, to register for military instruction. The DND shall promulgate implementing rules for the annual registration within (1) one year from the effectivity of this Act.
  • Elected officials and appointees may be commissioned in the Reserve Force subject to the existing AFP rules and regulations.
  • The DND shall operate, maintain and secure, through the Government Arsenal, a facility for the manufacture, production and supply of arms and ammunition for the use of the AFP, and by the other law enforcement agencies of the Government, subject to rules and regulations to be prescribed by the Secretary of National Defense.
  • The National Defense College of the Philippines shall train and develop the competence of potential national defense leaders, civilian officials of the different agencies and instrumentalities of the Government, and selected executives from the private sector in the formulation and review of national security policies and undertake research and studies as basis for the formulation of national defense and security policies, plans and programs.
  • Office of Civil Defense (OCD) shall have the primary mission of administering a comprehensive national civil defense and disaster risk reduction and management program by providing leadership in the continuous development of strategic and systematic approaches as well as measures to reduce the vulnerabilities and risks to hazards and manage the consequences of disasters.
  • The Philippine Veterans Affairs Office shall be the government agency responsible for administering the benefits due to veterans, their heirs and beneficiaries and shall provide medical care and treatment to veterans pursuant to existing laws.
28. Amending RA 9372 or the Human Security Act of 2007?Senate: No bill filed.

House: No bill filed. (Draft Administration bill with the

Office of the Speaker for filing)

Administration bill drafted by the Anti-Terrorism Council in consultation with concerned agencies

  • Amends the definition of “Terrorism” or “Terrorist Acts” to allow prosecution based either on the creation of fear OR a purpose to coerce the government to give in to any demand. Further adoption or incorporation of the definition of “terrorist acts” consistent with the Universal Anti-Terrorism Treaties of which PH is a State Party.
  • Criminalizes incitement to commit a terrorist act or acts on accordance with UN Security Council Resolution No. 1624.
  • Proposes amendments with respect to the conduct of surveillance of suspects, interception and recording of communications.
  • Includes the qualifying element of “malicious intent” or “inexcusable negligence” with respect to all the provisions imposing penalties on law enforcement agents and other officials to correspond to the prescribed penalties thereof.
  • Inclusion of the right of a foreign national under custodial investigation to communicate without delay with the nearest appropriate representative of the State consistent with the pertinent UN Convention (Sec. 21).
  • Proposes amendments with respect to examination of bank deposits, accounts and records.
  • Proposes amendment of the proviso that, upon acquittal of accused person, a penalty of P500,00 a day for the period in which properties, assets or funds of acquitted person were seized shall be paid to the acquitted person as liquidated damages. Instead, it is proposed that the amount be amended to P500,000 as this is over and above existing law, wherein there no comparable provision (Sec. 41, p. 3)
  • Proposed amendment of the proviso in Sec. 50 which states that, upon acquittal person shall be entitled to the payment of P500,000 for every day that she or he has been detained. This proviso has clearly discouraged law enforcement authorities from filing charges under this law. Instead, it is proposed that the amount be amended to P500,000 as this is over and above the amounts provided in any other existing law
  • Incorporates a clause to allow PH to exercise extra-territorial jurisdiction over foreign nationals who are in
  • PH, regardless of whether the crime of terrorism was committed outside PH, in accordance with our treaty obligations.
CLIMATE CHANGE ADAPTATION AND MITIGATION
29. National Land Use Policy*Senate: Pending on Second Reading

(Period of Sponsorship)
SB 3091 (CR 94)

House: For Second Reading

HB 6545 (CR 2388) in substitution of:
HB 414 (Rep. Angara)
HB 478 (Rep Bag-ao)
HB 722 (Rep. R. Rodriguez)
HB 829 (Rep. D. Macapagal-Arroyo)
HB 1233 (Rep. Castelo)
HB 1348 (Rep. Cerilles)
HB 1695 (Rep. Biazon)
HB 3533 (Rep. Tanada)

The PLLO conducted an inter-agency meeting on March 5, to harmonize positions of concerned agencies

  • There shall be a National Physical Framework Plan (NPFP) that defines the urban, rural and regional development in the country.
  • There shall be created a Land Use Policy Committee (LUPC) under the NEDA Board which shall act as the highest policy making body on land use and resolve land use policy conflicts between or among national government agencies.
  • Within 5 years after the effectivity of the Act, the DENR shall complete the delineation on the ground of forest lands and national parks, and submit the same to Congress for enactment into law pursuant to Section 4, Article XII of the Constitution.
  • Within 2 years from the effectivity of the Act, the DENR, DOJ, DAR and the NCIP shall work out a harmonized land registration and titling system.
  • Upon recommendation of the DENR Secretary, duly reviewed and endorsed by the LUPC, and after due consultations with concerned LGUs and affected parties, Congress may authorize the reversion of alienable and disposable lands of the public domain or portion thereof to forestlands.
  • Structures of any kind shall not be built in waterways easements.
  • Each city/municipality shall designate adequate land for housing or residential purposes, including socialized housing and resettlement areas, for the immediate and future needs of the local population as well as the underprivileged and homeless in their territory.
  • Agricultural lands are deemed converted to non-agricultural uses upon approval by DAR of the application for conversion.
  • All mineral lands with exhausted mineral resources, upon prior determination by the Mines and Geosciences Bureau, shall revert to its original land classification, forestland or agricultural land.
30. Water Sector Reform Act?Senate: Pending with the Committees on: Public

Services; Ways and Means; Civil Service and Government Reorganization; and Environment and Natural Resources

Joint Committee Hearing (12 March 2012)

SB 2997 (Sen. Angara)
SB 2641 (Sen. Angara)
SB 933 (Sen. Lapid)
SB 611 (Sen. Estrada)
SB 1857 (Sen. Defensor-Santiago)
SB 2387 (Sen. Estrada)

House: Pending with the Committee on Government

Reorganization

TWG deliberations on-going

HB 1679 (Rep. R. Rodriguez)
HB 4137 (Rep. Herrera-Dy)
HB 4282 (Speaker Belmonte)
HB 5790 (Rep. Teodoro)
HB 5497 (Rep. Quimbo)

The PLLO has initiated a briefing by DPWH Secretary Singson for committee members of concerned House Committees and leaders of the House of Representatives on water sector reform on March 6, 2012

To improve service levels and increase coverage by restructuring the various agencies in the water sector and rationalizing the role of various agencies and ensure efficient management of water resources. Specifically:

  • There shall be created an independent, quasi-judicial regulatory body to be named the Water Regulatory Commission (WRC) under the administrative supervision of the Office of the President;
  • The WRC shall be made up of Provincial Regulatory Units and the Central Regulatory Unit;
  • The regulatory divisions or units of the MWSS, NWRB and LWUA shall be transferred to the WRC;
  • There shall be a Secretariat to provide the WRC with technical and other support, to be headed by an Executive Director appointed by the WRC;
  • No public water supply or sanitation service provider shall commence or conduct the business of providing water supply and sanitation services without first obtaining a license to operate, through the regulatory units;
  • The WRC shall specify the requirements and procedure for existing holder of Certificate of Public Convenience/Certificates of Public Convenience and Necessity issued by the NWRB, and/or Conformance issued by the LWUA, to convert their existing certificates into licenses issued by the Commission;
  • The WRC shall have the power to issue subpoena duces tecum and subpoena ad testificandum, appoint a Commissioner to hear and receive evidence, cite any person or party in contempt;
  • The WRC shall be subrogated to all the rights, and assume all the obligations of the Water Utilities Division of the NWRB, the Regulatory Offices of the MWSS and LWUA.
31. Delineation of the Specific Forest Limits of the Public Domain??;Senate: Pending in the Committees on Environment

and Natural Resources; Local Government; and Finance

TWG Meetings held on 10 & 29 March 2011, 5 & 18 May 2011

Conducted Joint Committee Meeting on 26 January 2011; and 12 March 2012

SB 1367 (Sen. Legarda)
SB 2994 (Sen. Recto)

House: Approved on Third Reading

(March 21, 2012)

HB 5860 (CR 1870) in substitution of HB 2944 (Rep. R. Rodriguez) and HB 5112 (Rep. Palmones)

  • Defines what constitutes forestlands, to wit: (a) all lands of the public domain already classified as forestland as per existing land classification maps issued by the DENR; (b) all permanent forest reserves proclaimed as such by the President or declared by law; (c) such areas within the unclassified lands of the public domain that were assessed and delineated by the DENR in accordance with pertinent laws, rules and regulations.
  • Provides guidelines in determining specific limits of forest lands in the country.
  • Creates the National review and Evaluation Committee to process, evaluate and approve all completed assessment and delineation of forest limits. The Committee shall be composed of the DENR Secretary as Chairman with NEDA Director-General as Vice Chairman and the Secretaries of DILG, DA, DAR, the Chairman of the HUDCC and the President of the League of Provinces, as members.
  • Immediately after the final forest line has been determined following the prescribed guidelines, the DENR shall delimit and establish the permanent boundary monuments on the ground.
  • A Land Classification Adjudication Board shall be created to resolve controversies arising from Land Classification as a result of the delimitation of forestlands pursuant to this Act.
32. Imposing stiffer penalties on the offense of stealing or tampering Government Risk Reduction and Preparedness Equipment, Accessories and other facility items??Senate: Pending on Second Reading (Interpellations)

SB 9532 (CR 320) in substitution of SB 2955 (Sen. Enrile) and SB 2638 (Sen. Zubiri)

House: Approved on Third Reading

(March 21, 2012)

HB 5932 (CR 1941)in substitution of HB 4010
(Rep. Palmones) and HB 5175 (Rep. Quimbo)

  • Provides that it shall be unlawful to dismantle, disassemble, remove, transfer or in anyway tamper or steal any disaster warning and risk-reduction instrument for the purpose of gathering meteorological and seismological data and information.
  • Mere possession, without authority, of any of the listed device of instrument; selling or buying of any stolen device or instrument; and tampering, dismantling and disassembling of any of the device or instrument listed shall be punishable with stiffer penalties under the bill.
  • Government employees found guilty of committing offenses under this Act, in addition to the provided penalties, shall forfeit all his/her retirement benefits and shall be barred from any employment in government.
  • Under the bill, incentives shall be provided to person/s that will provide information leading to the apprehension of violators.
  • Possession or custody of any of the listed device or equipment or any of its accessories by any person without proper authority shall be prima facie evidence that such is a fruit of an offense defined in the bill.
  • For stealing of disaster warning and risk-reduction instruments and their accessories, the fine ranging from P200,000 to P300,000 shall be charged to P1 Million to P3 Million.
  • For tampering of or destroying disaster warning and risk-reduction instruments and their accessories, the fine ranging from P100,000 to P150,000 shall be charged to P500,000 to P1 Million.
  • A clause on the need to determine whether damage done on disaster warning and risk reduction instruments and their accessories were accidental or intentional to serve as basis for imposition of penalties.

*SONA 2010 Bills
?SONA 2011 Bills
?LEDAC CLA 28Feb2011
?LEDAC CLA 16August 2011

Sources: PLLO and Congress

LEDAC COMMON LEGISLATIVE AGENDA
by legislative status
(as of November 5, 2012)

           Enacted into Law/Completed the Legislative Process (5)

  1. OCC Governance Act (RA 10149, 6 June 2011)
  2. Lifting Nightwork Prohibition for Women (RA 10151, 21 June 2011)
  3. Synchronized ARMM Elections (RA 10153, 30 June 2011)
  4. Amending the Anti-Money Laundering Act (RA 10167, 18 June 2012) (N.B.: AMLA amendments on expanded coverage is pending on 2nd Reading in both Chambers)
    Defining the Crime of Financing Terrorism (RA 10168, 6 June 2012)
  5. Data Privacy Act (RA 10173, 15 August 2012)
  • General Appropriations Act for FY 2011 (RA 10147, 27 December 2010) – certified urgent, 8 November 2010
  • Lifeline Rate Extension (RA 10150, 21 June 2011) – one of the proposed amendments to EPIRA
  • Institutionalizing Kindergarten Education (RA 10157, 20 June 2011) – a component of the K to 12 basic education program
  • General Appropriations Act for FY 2012 (RA 10155, 15 December 2011)- certified urgent, 10 October 2011
  • Joint Resolution Increasing the FY 2011 Corporate Operating Budget of the NAPOCOR (JR 2, 23 December 2011) – certified urgent, 8 December 2011
  • Joint Resolution Annulling the Voters Registration in the ARMM (JR 3, 11 June 2012), certified urgent, 15 May 2012

    Bicameral Conference Committee Report Ratified by both Chambers (1)

  1. AFP Modernization Program***

    Pending in the Bicameral Conference Committee (2)

  1. Kasambahay Act **
  2. Anti-Pilferage Act of Risk Reduction and Preparedness Equipment

    Approved on Third Reading in Either Chamber (12)

  1. Whistleblowers Act* (Pending on Second Reading in the Senate)

10. Health Insurance Program (Pending on Second Reading in the Senate)***

11. Witness Protection* (Pending on Second Reading in the Senate)

12. Defining Maritime Zones of the Philippines (pending in Senate Committee)

13. Designating Archipelagic Sea Lanes (pending in Senate Committee)

14. Rationalization of Fiscal Incentives * (pending in Senate Committee)

15. Balanced Socialized Housing (no bill filed in the Senate)

16. Reorganizing the Philippine Statistical System (pending in Senate Committee)

17. Delineating Forest Limits Act** (pending in Senate Committee)

18. Restructuring the Excise Tax on Alcohol and Tobacco Products (Pending on Second Reading in Senate)***

19. Department of Housing and Urban Development (Pending on Second Reading in the House)

20. National Land Use Act* (Pending on Second Reading in the Senate)

    Approved on Second Reading in the House (1)

21. Increasing the Number of Years of Basic Education (Pending on 2nd Reading in Senate)

    Approved on Second Reading in the House (1)

22. Amendments to the Charter of the People’s Television Network** (Committee Report for filing in the House)

    Pending on Second Reading in Both Chambers (2)

23. Responsible Parenthood, Reproductive Health and Population and Development***

24. Anti-Trust Act*

N.B.:Amending the Anti-Money Laundering Act (expanded coverage)

    Pending on Second Reading in the House (1)

25. Amendments to the NEA Charter** (Pending in Senate Committee)

    Pending in Committee in Both Chambers (10)

26. Science and Technology Scholarship Program **

27. Land Administration Reform

28. Amendments to the Government Procurement Reform Law *

29. Reorganizing the National Food Authority (NFA)

30. Amendments to the EPIRA

31. Granting Broader Protection for Consumers

32. National Defense and Security Act *

33. Amendments to RA 9372 (Human Security Act)

34. Rationalizing the Economic Regulation of Water Utilities

*SONA 2010
** SONA 2011
*** SONA 2012
OTHER PRIORITY BILLS

  1. Compensation to Human Right Violations Victims**
    (Approved on 3rd Reading in HOR; CR for filing in the Senate)
  2. Rationalization of taxes on international carriers
    (Approved on 3rd Reading in HOR; pending in Senate Committee)
  3. Modernization of the Bureau of Corrections**
    (Pending in Committee in both Chambers)
  4. Strengthening the National Bureau of Investigation**
    (Pending on 2nd Reading in Senate; Pending in HOR Committee)
  5. Amendments to Absentee Voting Law
    (Pending in Senate Committee; Senate bill on media absentee voting – pending
    on 2nd Reading in Senate; Approved on Third Reading in HOR)
  6. Freedom of Information**
    (Pending on Second Reading in Senate, Pending in HOR Committee)
  7. Strategic Goods Regulation
    (Pending in Committee in both Chambers)
  8. Philippine Military Pension System**
    (no bill filed)
  9. Amendments to Mining Act***
    (Pending in Committee in both Chambers)

OTHER SIGNIFICANT MEASURES

  1. Cybercrime Prevention
    (RA 10175, September 13, 2012)
  2. Amending the Anti-Trafficking in Persons Act
    (Pending in the Bicameral Conference Committee)
  3. Amending the Intellectual Property Code
    (Approved on 3rd Reading in HOR; Approved on 2nd Reading in Senate
  4. Tripartism Bill
    (CR for filing in HOR; Approved on Second Reading in Senate)
  5. Conciliation-Mediation Bill
    (Pending in House Committee; Approved on 2nd Reading in Senate)
  6. Right to Self-Organization
    (Approved on 2nd Reading in HOR; Pending in Senate Committee)
  7. Assumption of Jurisdiction
    (Pending in HOR Committee; Pending on 2nd Reading in Senate)
  8. Involuntary Disappearance
    (Bicameral Conference Committee Report Ratified
  9. Department of Information and Communications Technology
    (For consideration of the Bicameral Conference Committee)

10. Career Executive Service Act
(Approved on 3rd Reading in Senate; Pending in HOR Committee)

11. Early Years Act
(Approved on 3rd Reading in Senate; Committee Report for filing in HOR)

12. Immigration Act
(Pending in Committee in both Chambers)

13. Passport Act
(Approved on 3rd Reading in HOR; Pending in Senate Committee)

*SONA 2010
** SONA 2011
*** SONA 2012

Source: PLLO

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