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Congressional Record

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R EP ESE
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H O USE O

ATIVES
1907
PLENARY PROCEEDINGS OF THE 17th CONGRESS, FIRST REGULAR SESSION
PH
ILIPPINES
House of Representatives
Vol. 4 Wednesday, February 15, 2017 No. 71

CALL TO ORDER REP. CRISOLOGO. The approval of the Journal


of the previous session
At 4:00 p.m., Deputy Speaker Pia S. Cayetano
called the session to order. THE DEPUTY SPEAKER (Rep. Cayetano). To
approve?
THE DEPUTY SPEAKER (Rep. Cayetano). The
session is called to order. REP. CRISOLOGO. I move for the deferral of the
approval of the Journal of the previous session.
NATIONAL ANTHEM
THE DEPUTY SPEAKER (Rep. Cayetano). Is
THE DEPUTY SPEAKER (Rep. Cayetano). there any objection? (Silence) The Chair hears none;
Everyone is requested to rise for the singing of the the motion is approved.
Philippine National Anthem. The approval of the Journal of the previous session
is hereby deferred.
Everybody rose to sing the Philippine National
Anthem. REP. CRISOLOGO. Mme. Speaker, I move that we
now proceed with the Reference of Business.
PRAYER
THE DEPUTY SPEAKER (Rep. Cayetano). Is
THE DEPUTY SPEAKER (Rep. Cayetano). there any objection? (Silence) The Chair hears none;
Please remain standing for a minute of silent prayer the motion is approved.
and meditation.
REFERENCE OF BUSINESS
Everybody remained standing for the silent
prayer. The Secretary General read the following House
Bills and Resolutions on First Reading, and the Deputy
THE DEPUTY SPEAKER (Rep. Cayetano). The Speaker made the corresponding references:
Dep. Majority Leader is recognized.
BILLS ON FIRST READING
REP. CRISOLOGO. Mme. Speaker, I move that
we defer the calling of the roll. House Bill No. 4991, entitled:
I so move, Mme. Speaker. AN ACT AMENDING ACT NUMBER 3815
ENTITLED, THE REVISED PENAL CODE,
THE DEPUTY SPEAKER (Rep. Cayetano). There BY CLASSIFYING ACTS COMMITTED
being no objection, the calling of the roll is hereby AGAINST PREGNANT WOMEN AND
deferred. PERSONS WITH DISABILITIES AS AN
AGGRAVATING CIRCUMSTANCE
REP. CRISOLOGO. Mme. Speaker, I move that By Representative Velasco-Catera
we defer the approval of the Journal of the previous TO THE COMMITTEE ON REVISION OF LAWS
session.
I so move, Mme. Speaker. House Bill No. 4992, entitled:
AN ACT PROMOTING THE CREATION AND
THE DEPUTY SPEAKER (Rep. Cayetano). I am DEVELOPMENT OF A SUSTAINABLE
sorry, I did not hear you. Is that a deferral? TRANSPORTATION SYSTEM
2 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

By Representative Velasco-Catera AGENCIES TO INDICATE THE BLOOD


TO THE COMMITTEE ON TRANSPORTATION TYPE OF INDIVIDUALS IN THE
IDENTIFICATION CARDS CERTIFICATES
House Bill No. 4993, entitled: AND LICENSES
AN ACT PUNISHING POLICE OFFICERS By Representative Aglipay-Villar
WHO COMMIT ROBBERY IN RELATION TO THE COMMITTEE ON HEALTH
TO POLICE OPERATIONS
By Representative Roque (H.) House Bill No. 5004, entitled:
TO THE COMMITTEE ON PUBLIC ORDER AN ACT INCREASING THE AGE FOR
AND SAFETY DETERMINING STATUTORY RAPE AND
OTHER ACTS OF SEXUAL ABUSE AND
House Bill No. 4994, entitled: EXPLOITATION TO PROVIDE STRONGER
AN ACT PROHIBITING THE CREMATION PROTECTION FOR CHILDREN AND
OF BODIES OF CRIMES UNDER AMENDING FOR THIS PURPOSE ACT NO.
INVESTIGATION 3815, AS AMENDED, ALSO KNOWN AS THE
By Representative Roque (H.) REVISED PENAL CODE AND REPUBLIC
TO THE COMMITTEE ON PUBLIC ORDER ACT NO. 7610, ALSO KNOWN AS THE
AND SAFETY SPECIAL PROTECTION OF CHILDREN
AGAINST ABUSE, EXPLOITATION AND
House Bill No. 4995, entitled: DISCRIMINATORY ACT
AN ACT CREATING THE DEPARTMENT OF By Representative Roa-Puno
WATER RESOURCES AND SERVICES AND TO THE COMMITTEE ON WELFARE OF
APPROPRIATING FUNDS THEREFOR CHILDREN
By Representative Suansing (E.)
TO THE COMMITTEE ON GOVERNMENT House Bill No. 5005, entitled:
REORGANIZATIONAND THE COMMITTEE AN ACT TO INCLUDE IN THE CURRICULA
ON PUBLIC WORKS AND HIGHWAYS OF ALL LEVELS OF BASIC EDUCATION
IN PUBLIC AND PRIVATE SCHOOLS AT
House Bill No. 4996, entitled: LEAST TWO (2) HOURS OF PHYSICAL
A N A C T F U RT H E R A M E N D I N G EDUCATION A WEEK
COMMONWEALTH ACT NO. 146 OR THE By Representative Roa-Puno
PUBLIC SERVICE ACT, AS AMENDED TO THE COMMITTEE ON BASIC EDUCATION
By Representative Del Rosario AND CULTURE
TO THE COMMITTEE ON ECONOMIC
AFFAIRS House Bill No. 5006, entitled:
AN ACT CREATING A CENTER FOR THE
House Bill No. 4997, entitled: CONSERVATION OF THE SINARAPAN FISH
AN ACT PROVIDING ASSISTANCE TO SPECIES AND PROVIDING MEASURES
FRESH GRADUATES BY WAIVING FOR THEIR PROTECTION
GOVERNMENT FEES AND CHARGES By Representatives Salon and Lee
COLLECTED IN CONNECTION WITH TO THE COMMITTEE ON AQUACULTURE
DOCUMENTARY REQUIREMENTS FOR AND FISHERIES RESOURCES
EMPLOYMENT
By Representative Aglipay-Villar House Bill No. 5007, entitled:
TO THE COMMITTEE ON LABOR AND AN ACT CONVERTING THE MISAMIS
EMPLOYMENT OCCIDENTAL PROVINCIAL HOSPITAL
(MOPH) IN THE PROVINCE OF MISAMIS
House Bill No. 4998, entitled: O C C I D E N TA L I N T O A M E D I C A L
AN ACT PROVIDING PALLIATIVE AND END TRAINING CENTER TO BE KNOWN AS
OF LIFE CARE, APPROPRIATING FUNDS THE MISAMIS OCCIDENTAL MEDICAL
THEREFOR AND FOR OTHER PURPOSES TRAINING CENTER (MOMTC)
By Representative Aglipay-Villar By Representative Almonte
TO THE COMMITTEE ON HEALTH TO THE COMMITTEE ON HEALTH

House Bill No. 4999, entitled: House Bill No. 5008, entitled:
AN ACT REQUIRING GOVERNMENT AN ACT PROVIDING FOR THE
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 3

ESTABLISHMENT OF THE TECHNICAL MABOLO, CANIOGAN, SAN VICENTE


EDUCATION AND SKILLS DEVELOPMENT AND STO. NIO IN THE CITY OF MALOLOS
AUTHORITY (TESDA) TRAINING AND IN THE PROVINCE OF BULACAN INTO A
ACCREDITATION CENTER IN OROQUIETA NATIONAL ROAD AND APPROPRIATING
CITY, TO BE KNOWN AS THE OROQUIETA FUNDS THEREFOR
CITY TESDA TRAINING CENTER, AND By Representative Sy-Alvarado
APPROPRIATING FUNDS THEREFOR TO THE COMMITTEE ON PUBLIC WORKS
By Representative Almonte AND HIGHWAYS
TO THE COMMITTEE ON HIGHER AND
TECHNICAL EDUCATION House Bill No. 5013, entitled:
A N A C T C O N V E RT I N G T H E R O A D
House Bill No. 5009, entitled: STRETCHING FROM THE BARANGAYS
AN ACT ADDRESSING THE CLASSROOM OF SAN SEBASTIAN, SAN NICOLAS,
SHORTAGE BY RATIONALIZING THE STO. ROSARIO, MERCADO, AND SAN JOSE
ALLOCATION OF THE DEPARTMENT IN THE MUNICIPALITY OF HAGONOY IN
OF EDUCATION BUDGET FOR CAPITAL THE PROVINCE OF BULACAN INTO A
OUTLAY, AMENDING FOR THE PURPOSE NATIONAL ROAD AND APPROPRIATING
REPUBLIC ACT NO. 7880, OTHERWISE FUNDS THEREFOR
KNOWN AS THE FAIR AND EQUITABLE By Representative Sy-Alvarado
ACCESS TO EDUCATION ACT TO THE COMMITTEE ON PUBLIC WORKS
By Representative Rocamora AND HIGHWAYS
TO THE COMMITTEE ON BASIC EDUCATION
AND CULTURE House Bill No. 5014, entitled:
A N A C T C O N V E RT I N G T H E R O A D
House Bill No. 5010, entitled: STRETCHING FROM BARANGAYS OF
AN ACT PROVIDING FOR AN EXPANDED STO. NIO, SANTIAGO AND CANALATE
VOUCHER SYSTEM IN THE ELEMENTARY, IN THE CITY OF MALOLOS TO THE
SECONDARY, AND SENIOR HIGH SCHOOL BARANGAYS OF STO. NIO, SAN
EDUCATION SYSTEM, AMENDING FOR ISIDRO I & II IN THE MUNICIPALITY OF
THE PURPOSE REPUBLIC ACT NO. 6728, PAOMBONG AND TO THE BARANGAYS
AS AMENDED OF SAN PEDRO, SAN PABLO, SAN
By Representative Rocamora AGUSTIN, SAN MIGUEL, SAN JUAN, IN
TO THE COMMITTEE ON BASIC EDUCATION THE MUNICIPALITY OF HAGONOY AND
AND CULTURE BARANGAYS OF SAN JOSE, STA. LUCIA,
BULUSAN, CALIZON, BALUNGAO,
House Bill No. 5011, entitled: POBLACION IN THE MUNICIPALITY
A N A C T C O N V E RT I N G T H E R O A D OF CALUMPIT IN THE PROVINCE OF
S T R E T C H I N G F R O M B A R A N G AY BULACAN INTO A NATIONAL ROAD AND
LONGOS IN THE CITY OF MALOLOS APPROPRIATING FUNDS THEREFOR
TO BARANGAY LONGOS IN THE By Representative Sy-Alvarado
MUNICIPALITY OF CALUMPIT AND TO THE COMMITTEE ON PUBLIC WORKS
BARANGAYS IBA-IBAYO AND IBA IN AND HIGHWAYS
THE MUNICIPALITY OF HAGONOY IN
THE PROVINCE OF BULACAN INTO A House Bill No. 5015, entitled:
NATIONAL ROAD AND APPROPRIATING AN ACT PROVIDING SCHOLARSHIP GRANTS
FUNDS THEREFOR TO QUALIFIED TERTIARY EDUCATION
By Representative Sy-Alvarado STUDENTS, AND APPROPRIATING FUNDS
TO THE COMMITTEE ON PUBLIC WORKS THEREOF
AND HIGHWAYS By Representative Go (M.)
TO THE COMMITTEE ON HIGHER AND
House Bill No. 5012, entitled: TECHNICAL EDUCATION
A N A C T C O N V E RT I N G T H E R O A D
STRETCHING FROM THE BARANGAY House Bill No. 5016, entitled:
STA. CRUZ IN THE MUNICIPALITY AN ACT ESTABLISHING THE BAGUIO CITY,
OF GUIGUINTO TO THE BARANGAYS LA TRINIDAD, ITOGON, SABLAN, TUBA
OF TIKAY, SAN PABLO, STA. ISABEL, AND TUBLAY SPECIAL ECONOMIC ZONE
4 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

(BLISTT ECOZONE) IN THE PROVINCE ON THE FEBRUARY 3, 2017 - EXTRA-


OF BENGUET AND APPROPRIATING JUDICIAL KILLING OF RENATO ANGLAO,
FUNDS THEREFOR A MANOBO - PULANGIHON AND LUMAD
By Representative Go (M.) LEADER OF TRIBAL INDIGENOUS
TO THE COMMITTEE ON TRADE AND OPPRESSED GROUP ASSOCIATION
INDUSTRY AND THE COMMITTEE ON (TINDOGA) OPPOSING THE PLANTATION
ECONOMIC AFFAIRS EXPANSION IN THE PROVINCE OF
BUKIDNON
House Bill No. 5017, entitled: By Representatives Casilao, Zarate, De Jesus, Tinio,
AN ACT DECLARING KENNON ROAD IN Brosas, Castro (F.L.) and Elago
THE CITY OF BAGUIO AND PROVINCE TO THE COMMITTEE ON RULES
OF BENGUET AS A NATIONAL HERITAGE
ZONE AND APPROPRIATING FUNDS FOR House Resolution No. 765, entitled:
ITS RESTORATION, REHABILITATION, RESOLUTION DIRECTING THE COMMITTEES
CONSERVATION, DEVELOPMENT AND ON HUMAN RIGHTS AND AGRARIAN
OTHER PURPOSES REFORM TO CONDUCT A JOINT INQUIRY,
By Representative Go (M.) IN AID OF LEGISLATION, ON THE
TO THE COMMITTEE ON PUBLIC WORKS JANUARY 25, 2017-EXTRA-JUDICIAL
AND HIGHWAYS KILLING OF WENCESLAO PACQUIAO,
A FARMER-MEMBER OF SAN BENITO
RESOLUTIONS FARMERS ASSOCIATION-KILUSANG
MAGBUBUKID NG PILIPINAS (SBFA
House Resolution No. 762, entitled: KMP NEGROS), IN CALATRAVA, NEGROS
RESOLUTION DIRECTING THE PROPER OCCIDENTAL
HOUSE COMMITTEE TO CONDUCT By Representatives Casilao, Zarate, De Jesus, Tinio,
AN INQUIRY, IN AID OF LEGISLATION, Brosas, Castro (F.L.) and Elago
ON THE STATUS OF THE COMELEC- TO THE COMMITTEE ON RULES
SMARTMATIC CONTRACTS OF LEASE
WITH OPTION TO PURCHASE OF MORE House Resolution No. 766, entitled:
THAN NINETY THOUSAND (90,000) RESOLUTION TO CONDUCT AN INQUIRY, IN
UNITS OF PRECINT-BASED OPTICAL AID OF LEGISLATION, REGARDING THE
MARK READER (OMR) MACHINES FOR DEFUNDING OF PROJECT NOAH
THE MAY 2016 ELECTIONS By Representative Roque (H.)
By Representative Batocabe TO THE COMMITTEE ON RULES
TO THE COMMITTEE ON RULES
House Resolution No. 767, entitled:
House Resolution No. 763, entitled: RESOLUTION TO CONDUCT AN INQUIRY, IN
A RESOLUTION URGING THE COMMITTEE AID OF LEGISLATION, ON THE ALLEGED
ON PUBLIC ORDER AND SAFETY OF CORRUPTION AND IRREGULARITIES
THE HOUSE OF REPRESENTATIVES IN THE OPERATION AND BUSINESS OF
TO CONDUCT AN INQUIRY, IN AID OF PHILHEALTH
LEGISLATION, INTO THE MANIFEST By Representative Roque (H.)
BREAKDOWN OF DISCIPLINE IN THE TO THE COMMITTEE ON RULES
PHILIPPINE NATIONAL POLICE IN THE
LIGHT OF THE RECENT HIGH-PROFILE House Resolution No. 768, entitled:
CRIMINAL INCIDENTS ALLEGEDLY RESOLUTION TO CONDUCT AN INQUIRY,
INVOLVING OFFICERS AND MEMBERS IN AID OF LEGISLATION, REGARDING
OF THE ORGANIZATION THE ANOMALOUS CONSTRUCTION OF A
By Representatives Acop, Bataoil, Tupas, Alejano HOTEL AND CASINO WITHIN THE ARMY
and Evardone NAVY CLUB
TO THE COMMITTEE ON RULES By Representative Roque (H.)
TO THE COMMITTEE ON RULES
House Resolution No. 764, entitled:
RESOLUTION DIRECTING THE COMMITTEE House Resolution No. 769, entitled:
ON HUMAN RIGHTS TO CONDUCT AN RESOLUTION URGING PRESIDENT
INQUIRY, IN AID OF LEGISLATION, RODRIGO R. DUTERTE TO CONTINUE
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 5

THE PEACE NEGOTIATIONS BETWEEN TO ENSURE THE SAFETY OF THE


THE GOVERNMENT OF THE REPUBLIC RECIPIENTS
OF THE PHILIPPINES (GRP) AND THE By Representative Castelo
NATIONAL DEMOCRATIC FRONT OF THE TO THE COMMITTEE ON RULES
PHILIPPINES (NDFP), CONSIDERING THE
UNPRECEDENTED AND SIGNIFICANT House Resolution No. 772, entitled:
ADVANCES MADE ON THE SUBSTANTIVE A RESOLUTION URGING PRESIDENT
AGENDA OF THE NEGOTIATIONS RODRIGO ROA DUTERTE TO CREATE
FOR THE BENEFIT OF THE FILIPINO A BOARD/COMMITTEE TO STUDY,
PEOPLE RECOMMEND AND DRAFT A NATIONAL
By Representatives Zarate, Abayon, Abellanosa, POLICY PROGRAM TO COMBAT THE
Acharon, Aggabao, Albano, Almonte, Antonio, PROLIFERATION OF ILLEGAL DRUGS
Arcillas, Arenas, Aumentado, Bataoil, Batocabe, COMPOSED OF MEMBERS OF THE
Belmonte (J.), Bernos, Bertiz, Billones, Bolilia, A D M I N I S T R AT I O N , O P P O S I T I O N ,
Bordado, Bravo (A.), Bravo (M.), Brosas, Bulut- AND INDEPENDENT SCIENTISTS,
Begtang, Campos, Canama, Casilao, Castro SOCIOLOGISTS, AND OTHER EXPERTS
(F.L.), Catamco, Cerilles, Collantes, Cortes, By Representative Erice
Crisologo, Cuaresma, Cueva, De Jesus, De TO THE COMMITTEE ON DANGEROUS
Vera, Del Mar, Del Rosario, Deloso-Montalla, DRUGS
Durano, Dy, Elago, Eriguel, Escudero, Ferrer
(J.), Fortun, Garbin, Gonzaga, Gonzales House Resolution No. 773, entitled:
(A.P.), Gonzalez, Go (A.C.), Hernandez, A RESOLUTION DIRECTING THE HOUSE
Jalosjos, Kho, Lacson, Lagman, Lee, Lopez COMMITTEE ON PUBLIC ORDER
(B.), Malapitan, Mangaoang, Marcoleta, AND SAFETY TO CONDUCT AN
Martinez, Mellana, Mendoza, Mirasol, INVESTIGATION, IN AID OF LEGISLATION,
Montoro, Oaminal, Olivarez, Ong (E.), Ortega TO DETERMINE THE VERACITY OF
(P.), Pacquiao, Paduano, Palma, Panganiban, AMNESTY INTERNATIONALS REPORT
Panotes, Papandayan, Pimentel, Pineda, REGARDING THE STATE-SPONSORED
Radaza, Rodriguez (M.), Roman, Roque (H.), CONTRACT KILLING OF SUSPECTED
Roque (R.), Sacdalan, Salo, Salon, Salceda, DRUG USERS AND PUSHERS, IN ORDER
Santos-Recto, Sarmiento (E.), Savellano, TO ENACT NECESSARY MEASURES TO
Sema, Siao, Singson (E.), Tejada, Ting, Tinio, ADDRESS THE SAME
Tupas, Ty, Uybarreta, Vargas-Alfonso, Veloso, By Representative Alejano
Vergara, Villanueva, Villaraza-Suarez, TO THE COMMITTEE ON RULES
Violago, Yap (M.) and Zubiri
TO THE SPECIAL COMMITTEE ON PEACE, House Resolution No. 774, entitled:
RECONCILIATION AND UNITY A RESOLUTION DIRECTING THE
APPROPRIATE HOUSE COMMITTEE
House Resolution No. 770, entitled: TO CONDUCT AN INQUIRY, IN AID
A RESOLUTION URGING THE GOVERNMENT OF LEGISLATION, ON INCIDENTS OF
TO UNDERTAKE A FUNDING INITIATIVE MARITIME PIRACY AND KIDNAPPING
WITH THE END IN VIEW OF KEEPING IN THE PHILIPPINE WATERS AND THEIR
PROJECT NOAH OR NATIONWIDE UNABATED PREVALENCE IN THE
O P E R AT I O N A L A S S E S S M E N T O F RECENT YEARS
HAZARDS AFLOAT IN ORDER TO CARRY By Representative Alejano
ON ITS LIFE-SAVING PURPOSE TO THE COMMITTEE ON RULES
By Representative Castelo
TO THE COMMITTEE ON RULES House Resolution No. 775, entitled:
A RESOLUTION DIRECTING THE
House Resolution No. 771, entitled: APPROPRIATE HOUSE COMMITTEE
A RESOLUTION CALLING FOR THE TO ASSESS THE POSSIBLE EFFECTS
IMMEDIATE INQUIRY INTO THE OVER OF THE IMMIGRATION BAN POLICY
5 0 0 H I V- C O N TA M I N AT E D B L O O D OF THE UNITED STATES OF AMERICA
UNITS FOR DONATION ACCORDING (USA) ON FILIPINOS IN THE US WITH
TO A 2016 DOH REPORT AND THE THE END IN VIEW OF RECOMMENDING
PROMPT COUNTERMEASURE IN ORDER APPROPRIATE GOVERNMENT ACTION
6 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

OR POLICY AS WELL AS TO URGE Rep. Celso L. Lobregat for House Bills No. 2452,
THE DUTERTE ADMINISTRATION TO 2456, and 4114;
APPOINT A PHILIPPINE AMBASSADOR Reps. Wilter Sharky Wee Palma II, Ruby M.
TO THE USA TO ALLAY THE FEARS AND Sahali, Munir M. Arbison, Sitti Djalia A. Turabin-
CONFUSION BY FILIPINO COMMUNITIES Hataman, and Glona G. Labadlabad for House Bill
SURROUNDING THE IMMIGRATION BAN No. 2498;
POLICY Rep. Divina Grace C. Yu for House Bill No.
By Representative Alejano 2498;
TO THE COMMITTEE ON RULES Rep. Carlo V. Lopez for House Bills No. 4689 and
4742;
ADDITIONAL COAUTHORS Rep. Ma. Lourdes R. Aggabao for House Bill No.
4742;
Rep. Erlpe John Ping M. Amante for House Bills Rep. Edward Vera Perez Maceda for House Bill
No. 56, 475, 1208, and 4174, and House Resolution No. 2486;
No. 16; Reps. Harlin Neil J. Abayon III, Eugene Michael
Rep. Greg G. Gasataya for House Resolution No. B. De Vera, and Joey Sarte Salceda for House Bills No.
769; 2192 and 2193;
Rep. John Marvin Yul Servo C. Nieto for House Reps. Rodolfo C. Farias, Conrado M. Estrella III,
Bill No. 4526 and House Resolutions No. 198 and 769; and Lawrence H. Fortun for House Bill No. 4689;
Reps. Arthur R. Defensor Jr., Arnel U. Ty, Rep. Manuel F. Zubiri for House Bills No. 533,
Bernadette BH Herrera-Dy, Deogracias Victor DV 534, 535, 2774, 2775, and 2926;
B. Savellano, Victoria Isabel G. Noel, and Jeffrey D. Rep. Eleanor C. Bulut-Begtang for House Bills No.
Khonghun for House Bills No. 4106 and 4462; 394, 575, 3645, 4795, and 4881, and House Resolution
Rep. Alfredo Albee B. Benitez for House Bill No. 114;
No. 4389; Rep. Edcel C. Lagman for House Bill No. 4673;
Rep. Jose Antonio Kuya Jonathan R. Sy-Alvarado and
for House Bill No. 4332; Rep. Jose L. Atienza Jr. for House Bill No. 4521.
Rep. Gavini Apol C. Pancho for House Bills No.
4136, 4302, 4342, and 4343; THE DEPUTY SPEAKER (Rep. Cayetano). The
Reps. Mark O. Go, Henry C. Ong, Sitti Djalia Dep. Majority Leader is recognized.
A. Turabin-Hataman, and Ruby M. Sahali for House
Resolution No. 769; SUSPENSION OF SESSION
Rep. Anna Katrina M. Enverga for House Bill No.
102 and House Resolution No. 769; REP. CRISOLOGO. Mme. Speaker, may I move
Rep. Edgar R. Erice for House Bills No. 180 and for a one-minute suspension of the session.
4689, and House Resolution No. 198;
Reps. Micaela S. Violago and Emmanuel A. THE DEPUTY SPEAKER (Rep. Cayetano). The
Billones for House Bill No. 180; session is suspended.
Rep. Manuel Jose Mannix M. Dalipe for House
Bill No. 1393; It was 4:09 p.m.
Rep. Delphine Gan Lee for House Bill No. 2447;
Rep. Carlos O. Cojuangco for House Bills No. 392 RESUMPTION OF SESSION
and 2635;
Rep. Gus S. Tambunting for House Bills No. 1991, At 4:10 p.m., the session was resumed.
2208, 2209, 2214, 2215, 2216, 2217, 2302, 2332, 2349,
2351, and 2352; THE DEPUTY SPEAKER. (Rep. Cayetano). The
Rep. Michelle M. Antonio for House Bill No. session is resumed.
2648;
Reps. Deogracias Victor DV B. Savellano and CONSIDERATION OF H.B. NO. 4727
Sandra Y. Eriguel, M.D. for House Bills No. 4570 and 4571; Continuation
Rep. Aurelio Dong D. Gonzales Jr. for House
Resolution No. 328; PERIOD OF SPONSORSHIP AND DEBATE
Rep. Ma. Lucille L. Nava, M.D. for House Bill No.
219 and House Resolution No. 328; REP. LOPEZ (B.). Mme. Speaker, under the
Rep. Maria Vida Espinosa Bravo for House Bills Calendar of Unfinished Business, I move that we
No. 1528, 2653, 3563, 3590, 3592, and 3593; resume the consideration of House Bill No. 4727, as
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 7

contained in Committee Report No. 47, as submitted Concepcion (SFIC); Augustinian Sisters of Our Lady of
by the Committee on Justice. For this purpose, may I Consolation (OSA-ASOLC); Siervas de San Jose (SS); Lay
ask that the Secretary General be directed to read only Josephines; Holy Family School of Quezon City; Carmelite
the title of the Bill. Missionaries; Institute of Formation and Religious Studies
I so move, Mme. Speaker. (IFRS); Religious of the Good Shepherds (RGS); Religious
of the Virgin Mary (RVM); Urban Missionaries; Couples
THE DEPUTY SPEAKER. (Rep. Cayetano). Is for Christ Foundation for Family and Life (CFC FFL)De
there any objection? (Silence) The Chair hears none; La Salle; Lay PartnersCWL; and Lay PartnersSimbahang
the motion is approved. Lingkod ng Bayan.
The Secretary General is hereby directed to read Also here are: Member of the Cambodian Parliament,
only the title of the measure. Mu Sochua; Member of the Malaysian Parliament,
Kasthuri Patto; APHR Research Advocacy Director Oren
REP. LAGMAN. Objection, Mme. Speaker. Samet; and APHR Program Manager Jennifer Bayang.
They are our guests in the gallery, Mme. Speaker.
THE DEPUTY SPEAKER. (Rep. Cayetano). Yes,
what is the pleasure of Honorable Lagman? THE DEPUTY SPEAKER (Rep. Cayetano). We
welcome the guests of the Honorable Villarin. Welcome
REP. LAGMAN. Before we resume the consideration to the House of Representatives.
of House Bill No. 4727, let us first call the roll to
establish the presence of a quorum. REP. BELARO. Mme. Speaker, at this juncture, we
would also like to acknowledge the presence of the guests
SUSPENSION OF SESSION of former Speaker Jose De Venecia, as well as several
Congressmen in the House of Representativesthe
REP. CRISOLOGO. May I request for a one-minute delegation from the Universal Peace Federation, an
suspension of the session, Mme. Speaker. association composed of parliamentarians and peace
advocates from 140 countries all over the world headed by
THE DEPUTY SPEAKER. (Rep. Cayetano). The the Regional President in Asia, Dr. Chung Sik Yong; the
session is suspended. Chairman of UPF Philippines, Engineer Julius Malicdem;
and the Vice President for Government and Public Relations,
It was 4:11 p.m. Dr. Irma Astilla-Balulot, Mme. Speaker. (Applause)

RESUMPTION OF SESSION THE DEPUTY SPEAKER (Rep. Cayetano). The


guests of former Speaker De Venecia and our other
At 4:37 p.m., the session was resumed. colleagues are welcome. Thank you for visiting us.

THE DEPUTY SPEAKER (Rep. Cayetano). The REP. BONDOC. Mme. Speaker, we would like
session is resumed. to welcome as well to the Session Hall our beloved
Representative from the Fourth District of Pangasinan whose
REP. BONDOC. Mme. Speaker, it is an honor to birthday is today, the Hon. Gina De Venecia. (Applause)
welcome back into the Session Hall our beloved former
Speaker and Representative from the Fourth District of THE DEPUTY SPEAKER (Rep. Cayetano). We
Pangasinan, the Hon. Jose C. De Venecia Jr. who is with welcome our colleague, lovingly called by most of us as
us today, Mme. Speaker. (Applause) Manay Gina, and we greet her a very happy and blessed
birthday today. (Applause)
THE DEPUTY SPEAKER (Rep. Cayetano). We
welcome Speaker De Venecia. SUSPENSION OF SESSION

REP. LOPEZ (B.). Also, Mme. Speaker, we would REP. BONDOC. Mme. Speaker, I move for a few
like to acknowledge the presence of the guests in the minutes suspension of the session, so that we can spend
gallery. They are guests of the Hon. Tomasito Tom time with our honored guests.
S. Villarin from the AKBAYAN Party-List, namely: I so move, Mme. Speaker.
In Defense of Human Rights and Dignity Movement
(iDEFEND); Association of Major Religious Superiors THE DEPUTY SPEAKER (Rep. Cayetano). The
in the Philippines (AMRSP); Canossian Daughters session is suspended.
of Charity (FdCC); Canossa Health and Social
CenterTondo; Franciscan Sisters of the Immaculate It was 4:41 p.m.
8 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

RESUMPTION OF SESSION Daza Matugas


De Jesus Mercado
At 4:49 p.m., the session was resumed. De Venecia Mirasol
De Vera Montoro
THE DEPUTY SPEAKER (Rep. Cayetano). The Defensor Noel
session is resumed. Del Mar Nograles (J.J.)
Deloso-Montalla Nograles (K.A.)
ROLL CALL Durano Nolasco
Elago Nuez-Malanyaon
REP. CRISOLOGO. Mme. Speaker, I move that Enverga Oaminal
we call the roll. Eriguel Olivarez
I so move, Mme. Speaker. Ermita-Buhain Ong (E.)
Escudero Ortega (P.)
THE DEPUTY SPEAKER (Rep. Cayetano). Is Espina Ortega (V.N.)
there any objection? (Silence) The Chair hears none; Estrella Pacquiao
the motion is approved. Farias Paduano
The Secretary General will please call the roll. Fernando Palma
Ferrer (J.) Pancho
The Secretary General called the roll, and the Fortun Panganiban
result is as follows, per Journal No. 71, dated February Fortuno Panotes
15, 2017: Fuentebella Papandayan
Garbin Pichay
PRESENT Garcia (G.) Pimentel
Garcia-Albano Pineda
Abayon Belmonte (R.) Garin (S.) Primicias-Agabas
Abellanosa Bertiz Gasataya Quimbo
Abu Billones Gatchalian Radaza
Acharon Biron Go (M.) Ramos
Acop Bondoc Gonzaga Relampagos
Acosta Bordado Gonzales (A.P.) Revilla
Acosta-Alba Bravo (A.) Gonzales (A.D.) Roa-Puno
Adiong Bravo (M.V.) Gonzalez Rocamora
Agarao Brosas Gullas Rodriguez (I.)
Aggabao Bulut-Begtang Hernandez Rodriguez (M.)
Aglipay-Villar Cagas Herrera-Dy Roman
Albano Calderon Hofer Roque (H.)
Alejano Calixto-Rubiano Labadlabad Sacdalan
Almonte Caminero Lacson Sagarbarria
Alonte Canama Lagman Sahali
Alvarez (F.) Casilao Lanete Salo
Alvarez (M.) Castelo Laogan Salon
Alvarez (P.) Castro (F.L.) Lazatin Sambar
Antonino Castro (F.H.) Lee Santos-Recto
Antonio Catamco Lobregat Sarmiento (C.)
Aragones Cayetano Lopez (B.) Sarmiento (E.M.)
Arbison Cerafica Lopez (C.) Savellano
Arenas Cerilles Lopez (M.L.) Sema
Atienza Chavez Macapagal-Arroyo Siao
Aumentado Chipeco Madrona Silverio
Bagatsing Cojuangco Malapitan Singson
Banal Cortes Manalo Suansing (E.)
Barzaga Cosalan Mangaoang Suansing (H.)
Bataoil Crisologo Mangudadatu (Z.) Suarez
Batocabe Cuaresma Marcoleta Sy-Alvarado
Belaro Dalipe Mario Tambunting
Belmonte (J.C.) Dalog Martinez Tan (A.)
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 9

Teves Velasco THE SECRETARY GENERAL. House Bill No. 4727,


Tiangco Velasco-Catera entitled: AN ACT IMPOSING THE DEATH PENALTY
Ting Veloso ON CERTAIN HEINOUS CRIMES, REPEALING FOR
Tinio Vergara THE PURPOSE REPUBLIC ACT NO. 9346, ENTITLED
Umali Villanueva AN ACT PROHIBITING THE IMPOSITION OF
Unabia Villaraza-Suarez DEATH PENALTY IN THE PHILIPPINES, AND
Ungab Villarica AMENDING ACT NO. 3815, AS AMENDED,
Unico Villarin OTHERWISE KNOWN AS THE REVISED PENAL
Uy (J.) Violago CODE, AND OTHER SPECIAL PENAL LAWS.
Uy (R.) Yap (M.)
Uybarreta Yu THE DEPUTY SPEAKER (Rep. Cayetano). The
Vargas-Alfonso Zamora (M.C.) Floor Leader is recognized.
Velarde Zarate
REP. LOPEZ (B.). Mme. Speaker, the parliamentary
THE SECRETARY GENERAL. Mme. Speaker, the status of the Bill is that it is in the period of sponsorship
roll call shows that 202 Members responded to the call. and debate. I move that the Hon. Reynaldo V. Umali,
Chairperson of the Committee on Justice, be recognized.
THE DEPUTY SPEAKER (Rep. Cayetano). With
202 Members present, the Chair declares the presence THE DEPUTY SPEAKER (Rep. Cayetano).
of a quorum. Honorable Umali, the Sponsor of the measure, is
recognized.
REP. ATIENZA. Mme. Speaker.
REP. UMALI. Thank you, Mme. Speaker. Thank
THE DEPUTY SPEAKER (Rep. Cayetano). Yes, you, Your Honor.
what is the pleasure of the Honorable Atienza? The Sponsors are ready for the interpellation and
questions from our colleagues.
REP. ATIENZA. Again, just to set the record straight
and make it accurate, our count is that we only have 192 REP. DAZA. Mme. Speaker.
on the floor, and this is more than a quorum, admittedly,
but it is not what the Secretariat sees on the floor now THE DEPUTY SPEAKER (Rep. Cayetano). Thank
when they declared 202 Members on the floor. To set the you.
record straight, again, we have our own count. We know
we are accurate, and they have added a little more in their REP. DAZA. Mme. Speaker.
extrapolating effort on the roll call. Thank you.
THE DEPUTY SPEAKER (Rep. Cayetano). The
THE DEPUTY SPEAKER (Rep. Cayetano). His Floor Leader is recognized.
Honors comments are noted. Thank you.
The Floor Leader is recognized. REP. LOPEZ (B.). Mme. Speaker, I move that we
recognize the Gentleman from the First District ofAgusan del
CONSIDERATION OF H.B. NO. 4727 Norte, the Hon. Lawrence H. Fortun, for his interpellation.
Continuation
THE DEPUTY SPEAKER (Rep. Cayetano). The
PERIOD OF SPONSORSHIP AND DEBATE Honorable Fortun is recognized.

REP. LOPEZ (B.). Mme. Speaker, under the REP. FORTUN. Thank you, Mme. Speaker.
Calendar of Unfinished Business, I move that we Mme. Speaker, there are several arguments against
resume the consideration of House Bill No. 4727, as the
contained in Committee Report No. 47, as submitted
by the Committee on Justice. For this purpose, may I REP. DAZA. Mme. Speaker, before the distinguished
ask that the Secretary General be directed to read only Gentleman from Butuan City proceeds with his
the title of the Bill. interpellation, I would like to raise a parliamentary
I so move, Mme. Speaker. inquiry relating to the ruling of the Chair in the session
of February 8, 2017. I was absent on that day but when
THE DEPUTY SPEAKER (Rep. Cayetano). The I read the Journal, and according to the Journal,
Secretary General is directed to read the title of the
measure. REP. FORTUN. Mme. Speaker, the Honorable Daza
10 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

mayI just would like to make an interjection. May the right to yield or not to questions. In other words,
I request, Mme. Speaker, that my clock be stopped in the one-hour limit is applicable on the Sponsor because
the meantime that the Honorable Daza is making his it is the Sponsors time and he has the floor. It is not
manifestation. applicable on the interpellator.
Now, I rose on the ruling because the Gentleman
THE DEPUTY SPEAKER (Rep. Cayetano). Yes, from Albay, Congressman Lagman, was taken off the
noted. Honorable Daza, please proceed. floor due to his misapplication of the rule; and adding
insult to injury, the rule that was cited was a rule that
REP. DAZA. Thank you, Mme. Speaker. I thought was applicable to the Sponsor, not to him.
I had already been recognized. Now, according to our rules now, and let me, Mme.
I am raising a parliamentary inquiry, Mme. Speaker, Speaker, quote from our present rules, this is Rule XXV,
in relation to the interpretation of Section 91 of the Section 160: Rulings on questions raised by Members
Rules. shall form part of the parliamentary practice of the House.
I was absent during the session of February 8, 2017, Section 161, Suppletory Provisions, says:
but I reviewed the Journal for that day, and this Journal
has been approved. The Journal says, and I quote: The parliamentary practices of the Philippine
Assembly, the House of Representatives, the
At this point, the Chair cited Section 91 of Senate of the Philippines and the Batasang
the amended Provisional Rules of the House Pambansa shall be suppletory to these rules.
regarding the one-hour limit to speak in a
debate on any question and requested Rep. Since a similar rule almost identically worded had
Lagman to wind up his interpellation. been interpreted in the Sixth Congress in the sense
Rep. Lagman maintained that he had that the one-hour limit is applied on the Member who
not spoken for more than one hour in his is on the floor and not on the interpellator, I would like
interpellation. He stressed that the counting of to recommend to the Rules Committee to revisit its
his time should not include the time used by position so that we might be able to guide it properly in
the Sponsor in stating his answers which were our proceedings; otherwise, Mme. Speaker, every time
long whereas his questions were short. He that a question is raised here, I am going to stand on a
appealed to the Body to refer to the transcript point of order until hell freezes over and until this House
of stenographic notes (TSNs) that would show properly interprets this rule. Thank you, Mme. Speaker.
the minutes that he had consumed.
THE DEPUTY SPEAKER. (Rep. Cayetano).
My parliamentary inquiry is this: Is it the Would the Majority Leader care to respond?
interpretation of the Chair, from now, or henceforth, that
Section 91 would be applied against an interpellator? REP. FARIAS. Mme. Speaker, the Gentleman did
I am asking this question, Mme. Speaker, because I not raise a point of order. He was making a manifestation
have researched Section 91 and its antecedents, and my and out of respect to the Gentleman, I did not interrupt
research shows that the one-hour limit is applicable not him. But our parliamentary situation was that the
against the interpellator but the Member who has the Honorable Fortun had the floor and was speaking on
floor. At this time, the Sponsors have the floor. So, there the issue and he could not have been interrupted.
was a misapplication of the rule by the Chair, and which,
unfortunately, was upheld during an appeal. REP. DAZA. He yielded to me, Mme. Speaker.
Let me explain, Mme. Speaker. Let us not squirm through technicalities. This is a
Section 91 of the Provisional Rules states that A democratic and deliberative Body. We are here dealing
Member shall not be allowed to speak for more than with a vital piece of legislation that is of transcendental
one hour in debate on any question. This is not a new importance to the whole country.
provision in the rules. I raised that parliamentary inquiry precisely in
According to a book, which is an authoritative order to give the Rules Committee the opportunity to
book by Dr. Inocencio Pareja, the Rules of the House revisit the proper interpretation of this rule because if
of Representatives, in the Sixth Congress, there was it does not, any time the Rules Committee questions an
already a similar rule, and this was Section 3, which interpellator for having exceeded its one-hour limit, I
says that no Member shall occupy more than one hour will raise a point of order and go to the whole process
in debate on any question of the House. This has been of voting. That, I think, is not going to save us time.
interpreted, Mme. Speaker. According to this book, on I know that we all want to save time, that is why
page 365, and I quote, Time consumed in interpellation now, I have not raised a point of order. I only raised a
is on the Member having the floor that is why he has parliamentary inquiry again with an appeal to the Rules
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 11

Committee to revisit the proper interpretation of the earlier said, Mme. Speaker, there are several arguments
rules in the interest of fairness. against the reimposition of the death penalty. This
Representation would like to zero in on four major
REP. FARIAS. May I respond, Mme. Speaker. issues: number one, the abolition of the death penalty
Like I said, the Gentleman was raising a under the 1987 Constitution; number two, the heinous
crimes as compelling reason for its reimposition;
THE DEPUTY SPEAKER (Rep. Cayetano). number three, the errors in conviction; and number four,
Parliamentary inquiry. the international commitments of our country.
I would like to go back, Mme. Speaker, to the earlier
REP. FARIAS. parliamentary inquiry while debate on the abolition of the death penalty under the
a Member had the floor. The Member cannot yield 1987 Constitution which, because of the insistence on
the floor because this is not a Privilege Hour. He is an erroneous or flawed construction, has not been settled
interpellating and he cannot yield to a Member to be in the last three or four session days that we have been
interpellated and be interrupted; otherwise, we will have debating on this proposed measure to reimpose the
an unruly conduct of business. death penalty.
So, Mme. Speaker, may I move that we continue Let me state, Mme. Speaker, Article III, Section 19,
with the interpellation of the Gentleman, and at the paragraph (1) of the 1987 Constitution, which says:
proper time, we will respond to the inquiry of the
Gentleman from Northern Samar. Excessive fines shall not be imposed,
nor cruel, degrading or inhuman punishment
REP. DAZA. With that assurance, Mme. Speaker, inflicted. Neither shall death penalty be
with that assurance, Mr. Speaker, I vest my trust and imposed, unless, for compelling reasons
confidence to the distinguished Majority Leader who is involving heinous crimes, the Congress
a man of honor and integrity that the Rules Committee, hereafter provides for it. Any death penalty
under his leadership, will revisit this provision and apply already imposed shall be reduced to reclusion
it fairly, apply it in accordance with the established perpetua.
practice of the House, which is one of the suppletory
sources for interpreting the present rules. My first question, Mme. Speaker, to the distinguished
Thank you, Mme. Speaker. Sponsor is very simple: Does the Constitution allow the
imposition of excessive fines or the infliction of cruel,
REP. FARIAS. Mme. Speaker, I did not say that degrading or inhuman punishment?
the Committee on Rules will revisit, I said I will address
the parliamentary inquiry at the proper time. REP. UMALI. The Constitution is clear, that is not
allowed, Mme. Speaker, Your Honor.
THE DEPUTY SPEAKER (Rep. Cayetano). Yes,
the Majority Leader, I think, has been very clear that REP. FORTUN. Now, Mme. Speaker, based on
he will address the parliamentary inquiry posed by the Article III, Section 19, paragraph (1), is the imposition
Honorable Daza, and at this point, we will give the floor of death penalty the rule or the strict exception?
back to the Honorable Fortun.
Please proceed with the interpellation. REP. UMALI. I believe that question has been
asked and answered, but anyway, we would like to
REP. DAZA. Mme. Speaker, will he address it now respond that the general rule is that the death penalty
or will he address it after? has been suspended and shall not be imposed, and the
exception is when there are compelling reasons for
THE DEPUTY SPEAKER (Rep. Cayetano). I heinous crimes, the same may be reimposed.
believe that he will address it at the proper time. That
was his exact words. And so, we leave it to his best REP. FORTUN. In other words, Mme. Speaker, the
discretion to address the concerns of the Gentleman. 1987 Constitution prohibits the imposition of the death
From my point of view, yesterday, we had a very fruitful penalty; and if there being any exception, it cannot be
discussion, we had two interpellators, and I think, the just any exception that Congress may deem fit, but
time is right for us to proceed at this point. rather, only the very strict exception provided for under
Thank you. Please proceed, Honorable Fortun. the Constitution, is that correct, Mme. Speaker?

REP. DAZA. Thank you, Mme. Speaker. REP. UMALI. The exception is, for compelling
reasons involving heinous crimes, the Congress may
REP. FORTUN. Thank you, Mme. Speaker. As provide for its reimposition by law.
12 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

REP. FORTUN. Thank you, distinguished happened; all death penalty convictions were reduced
Sponsor. to life imprisonment or reclusion perpetua.
Mme. Speaker, just a yes or a no from the honorable
distinguished Sponsor because this was already REP. FORTUN. And, Mme. Speaker, in the case
answered during the early interpellations, did the of death sentences on appeal or under review at that
Constitution abolish the death penalty? time, at the time the 1987 Constitution was ratified and
subsequently became effective, will the distinguished
REP. UMALI. It cannot be answered; it did not Sponsor agree with this Representation that whether
abolish, Mme. Speaker, Your Honor, the death penalty. or not death penalty may be imposed should the court
It was merely suspended, and this was the same ruling of sustain the conviction of the accused, it already ceased
the High Court in the case of People vs. Echegaray. to be an issue?
In other words, Mme. Speaker, what was there for
REP. FORTUN. Thank you, distinguished Sponsor. the appellate court to ascertain was the correctness and
Now, when the Constitution was ratified and became propriety of conviction of the accused by the lower
effective, did it not have the effect of prohibiting already court. But, as to the penalty, the appellate court could not
the imposition of death penalty by any court? anymore in any case and any other circumstance sustain
the imposition of the death penalty. Is that correct, Mme.
REP. UMALI. That is correct, but it provided for Speaker, distinguished Sponsor?
certain exceptions which authorizes Congress to provide
for its reimposition. REP. UMALI. That is correct until Republic Act
No. 7659 was enacted which reimposed death penalty in
REP. FORTUN. Now, minus Congress, Mme. 1993, until 2006, when again R.A. No. 9346 suspended
Speaker, my question is very simple. At the time the the same.
1987 Constitution was ratified and became effective,
did it not have the effect of already prohibiting the REP. FORTUN. Yes, Mme. Speaker. But my
imposition of death penalty by any court? question was, in the case of death sentences under
review by the Supreme Court at the time the 1987
REP. UMALI. May I beg the pardon of Your Constitution became effective, is it not that the Supreme
Honor, your question is at the time of the ratification Court could not anymore sustain the imposition of the
of the death penalty? In other words, that is no longer an issue.
All that the court could resolve was the propriety and
REP. FORTUN. When the 1987 Constitution correctness of the conviction of the accused, but as of
became effective, did it not have the effect of prohibiting the penalty, it cannot sustain the imposition of the death
the imposition of death penalty by any court? penalty by the lower court. Otherwise, Mme. Speaker,
the decision to the contrary would be a violation of the
REP. UMALI. My response to that was that it was 1987 Constitution. Is that correct?
merely suspended, the imposition, and the Congress is
allowed to reimpose it for compelling reasons. REP. UMALI. That is correct. As I have mentioned,
but then, there was a law passed in 1993 which
REP. FORTUN. Yes, Mme. Speaker. Absent any law reimposed the death penalty, and therefore, during
reimposing the death penalty, did the 1987 Constitution that time, which was also after the 1987 Constitution,
not have the effect of prohibiting the imposition of death reimposition of the death penalty or decision imposing
penalty by any court? the death penalty has been authorized by law.

REP. UMALI. That is correct, we agree to that. REP. FORTUN. At any rate, Mme. Speaker, what
In fact, that was what happened from the time the I was asking was prior to the law reimposing the
Constitution became effective, until 1993 when R.A. death penalty. At any rate, Mme. Speaker, may I ask
No. 7659 reimposed it. the distinguished Sponsor, if you would agree with
this Representation that the provision did not merely
REP. FORTUN. Now, Mme. Speaker, did the suspend the implementation of the death penalty
1987 Constitution also not have the effect of reducing already imposed but actually removed the sentence
to reclusion perpetua all death sentences that had and replaced it with reclusion perpetua, is that correct,
already become final and executory at the time the 1987 Mme. Speaker? In the case, Mme. Speaker, of death
Constitution became effective? sentences already imposedwhen the Constitution said
any death penalty already imposed shall be reduced
REP. UMALI. That is correct. In fact, that was what to reclusion perpetua, did it not have the effect of
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 13

permanently removing the death penalty and replacing Now, my next question, Mme. Speaker, is this: is there
it with reclusion perpetua? still any way or any chance under our Constitution or our
remedial and substantive laws that those death sentences
REP. UMALI. What is the question? already imposed but reduced to reclusion perpetua
by the 1987 Constitution be revived or reimposed?
REP. FORTUN. In particular cases, Mme. Speaker,
iyon pong mga death penalties that were already REP. UMALI. Wala po. Hindi po puwedeng i-revive
imposed when the Constitution provided that any death na iyon because laws are always interpreted in favor
penalty already imposed shall be reduced to reclusion of the accused and, therefore, kapag nagkaroon po ng
perpetua, hindi po ba ang epekto noon ay permanently constitutional provision, na kung saan sinuspinde po
reduced to reclusion perpetua iyon? iyon, hindi na po puwedeng ibalik iyon because the
Constitution cannot be interpreted; otherwise, it will
REP. UMALI. Hindi naman po, Mme. Speaker, run counter to the rules on statutory interpretation,
Your Honor, kasi nga sabi ngby specific provision where all laws or even constitutional provisions must
of the Constitution as well ay puwedeng reimpose iyan be interpreted in favor of the accused.
for compelling reasons involving heinous crimes. So,
malinaw na malinaw po sa ating Konstitusyon na hindi REP. FORTUN. Thank you, Mme. Speaker.
permanente iyan dahil puwede pong ibalik iyan and At least that is very clear now, Mme. Speaker, that
that can be found in Section 19, Article III of the 1987 the 1987 Constitution is abolitionist in its perspective
Constitution as well. on the matter of death penalty, because the framers
of the Constitution were very much aware that death
REP. FORTUN. Mme. Speaker, my question is sentences that were already imposed but would be
very specific. I am referring to the death penalty already reduced to reclusion perpetua forever and there is not
imposed. Iyon pong mga death penalty na in-impose any chance, under our jurisdiction, that these sentences
na po ng husgado at awaiting implementation na lang that were reduced to reclusion perpetua could be again
at the time the 1987 Constitution was approved and imposed with the penalty of death.
became effective, the Constitution says, any death Let me proceed, Mme. Speaker, to another
penalty already imposed shall be reduced to reclusion question on the matter of compelling reasons. Will the
perpetua. My question is, is it not that the provision of distinguished Sponsor agree with this Representation,
the Constitution had the effect of permanently reducing Mme. Speaker, when I say that under the Constitution,
to reclusion perpetua all death sentences that were the provision that says that any death penalty already
already imposed imposed shall be reduced to reclusion perpetua is clear
and unambiguous and, thus, therefore does not need any
REP. UMALI. At that time. further interpretation?

REP. FORTUN. at that time? REP. UMALI. We fully agree to that, Mme.
Speaker, and Your Honor.
REP. UMALI. I agree, I agree. Wala naman po
tayong quarrel doon sa pag-reduce ng death penalty REP. FORTUN. And, Mme. Speaker, not only is this
to reclusion perpetua pursuant to the provision of the provision very clear and free from ambiguity, it is also
Constitution, pero hindi ibig sabihin nito na permanente very importantly, immediately effective and does not
na iyon forever, dahil po noong 1996 nga, ang sinasabi need any enabling law to be applicable to any penalty
ko, or 1993, na-reimpose po ulit iyon. In fact, mayroon of death already imposed and awaiting implementation
pong binitay noong 1993, iyong si Echegaray noong na- at the time it was ratified.
reimpose iyong death penalty kaya hindi po permanente,
kung hindi, suspended lang po siya. REP. UMALI. We fully subscribe to that, Mme.
Speaker, Your Honor.
REP. FORTUN. I am referring, Mme. Speaker, to
the cases that were already decided. REP. FORTUN. Now, Mme. Speaker, does the
1987 Constitution recognize the possible existence of
REP. UMALI. Katulad ng sinabi ko, I fully agree heinous crimes? Meaning, the Constitution already
with the distinguished interpellator na na-reduce po contemplated heinous crimes and this category of
at iyon po ang ginawa ng ating gobyerno noong mga crimes is not something that cropped up only after the
panahon na iyon. 1987 Constitution was approved.

REP. FORTUN. Thank you, Mme. Chair, Mme. Speaker. REP. UMALI. I think, Mme. Speaker, Your
14 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

Honor, the Constitution is clear, and it is explicit in the same crimes considered heinous under our proposed
Constitution that heinous crimes had been recognized House Bill No. 4727.
as among the reasons, apart from compelling reasons,
for the reimposition of death penalty. REP. UMALI. Mayroon po. Iyong rape na binanggit
ko. Mayroon din po tayo sa Bill natin ngayon na kasama
REP. FORTUN. Prior to the 1987 Constitution, and there are 20 other crimes that are incorporated in the
Mme. Speaker, were there already heinous crimes Bill as presently crafted and approved by the Committee
committed in the country? on Justice.

REP. UMALI. I would like to think so because, you REP. FORTUN. Thank you, distinguished Sponsor,
know, all of these murders and/or kidnappings had been Mme. Speaker.
happening since time immemorial. The 1987 Constitution provided that any death
penalty already imposed shall be reduced to reclusion
REP. FORTUN. Thank you, Mme. Speaker. perpetua. Will the distinguished Sponsor agree with
And, were there perpetrators of these same heinous this Representation that the Constitution did not
crimes that are so considered under House Bill No. 4727 distinguish whether the crimes for which the death
that were brought to justice and convicted to suffer the penalty was already imposed were heinous or not.
penalty of death? In other words, in the provision that says all death
penalty already imposed shall be reduced to reclusion
REP. UMALI. Before the 1987 Constitution? perpetua, the Constitution did not distinguish
whether or not this death penalty was imposed for
REP. FORTUN. Yes, before the 1987 Constitution, crimes that were considered heinous or for crimes that
Mme. Speaker, mayroon na po bang mga nangyaring were considered not so heinous. Walang distinction
heinous crimes and the perpetrators of these heinous na inilagay sa ating Constitution.
crimes were brought to justice and sentenced to suffer
the penalty of death? REP. UMALI. I believe, Mme. Speaker, Your
Honor, that there is no need for such distinction because
REP. UMALI. Palagay ko po, mayroon po. I can the death penalty can only be imposed for crimes which
distinctly recall the case of the rape of Maggie Dela are heinous. Hindi naman po mai-impose-an ng death
Riva where iyong mga akusado po doon or iyong mga penalty iyong simple rape o kaya po iyong estafa or
convicted doon ay pinarusahan ng kamatayan. somethingit has to be gruesome; it has to be defined
by no less than the Supreme Court na ma-impose iyong
REP. FORTUN. Yes, Mme. Speaker, in fact, death penalty only for those types of crimes.
the distinguished Sponsor may perhaps agree with
this humble Representation that at the time the 1987 REP. FORTUN. Suffice it to say, Mme. Speaker,
Constitution was crafted and was finally ratified, there that the Constitution did not state specifically that only
were sentences of death already imposed and awaiting the death penalty imposed on offenses considered
implementation for the same crimes considered as heinous shall be reduced to reclusion perpetua. In fact,
heinous under House Bill No. 4727. Is that correct, the Constitution only says, any death penalty shall be
Mme. Speaker, distinguished Sponsor? reduced to reclusion perpetua.
Anyway, Mme. Speaker, I will proceed to the next
REP. UMALI. I am sorry I did not get the answer, kasi, question.
we are talking about prior to the 1987 Constitution. Now, In other words, Mme. Speaker, regardless of whether
you are referring to House Bill No. 4727, which is not even the crimes committed were heinous or not, all death
a law at this point in time. So, may this Representation sentences already imposed for the commission of these
be clarified as to the specifics of your question? crimes without distinction were reduced by the 1987
Constitution to reclusion perpetua. This brings me, Mme.
REP. FORTUN. I will restate, Mme. Speaker, the Speaker, to the next question on the issue of heinous crimes
question. Will the distinguished Sponsor agree with as a compelling reason to impose the death penalty. Will
this humble Representation that at the time the 1987 the distinguished Sponsor agree with this Representation,
Constitution was ratified, there were already sentences Mme. Speaker, that because the Constitution reduced to
of death already imposed and awaiting implementation reclusion perpetua the death penalty already imposed
for crimes that are considered heinous under House without distinction, whether or not these were heinous
Bill No. 4727? Ang ibig kong sabihin, iyong mga crimes, the fact that there may be heinous crimes
nangyaring mga crimes na pinatawan ng death sentence is not sufficient reason to impose death penalty. In
at the time the 1987 Constitution was approved, are the other words, the mere existence or occurrence of
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 15

certain heinous crimes is not the compelling reason REP. FORTUN. Mme. Speaker, I was asking if the
contemplated under the 1987 Constitution. distinguished Sponsor is familiar with the Philippine
Statistics Authority, because the PSA serves as the central
REP. UMALI. The Sponsor fully agrees with that, statistical authority on primary data collection in the
that heinous crime is not synonymous to compelling Philippines. It collects, compiles, analyzes and publishes
reasons, and this Representation has already enumerated important and vital statistical information. According
the compelling reasons for the imposition of the death to the Philippine Statistics Authority, Mme. Speaker,
penalty for those involving heinous crimes. there was a significant or there has been a significant
decrease every year of the crime rate in the country.
R E P. F O RT U N . I n f a c t , M m e . S p e a k e r, I would like to read for the record, Mme. Speaker.
distinguished Sponsor, the Constitution says that It says here that for reported crimes, as to the total
neither shall the death penalty be imposed except for indexed and non-indexed crimes in 2009, there
for compelling reasons involving heinous crimes. were 502,665; in 2010, there were 324,083. That is a
It was not couched in this way, neither shall the decrease of about 200,000. In 2011, from 324,000 plus,
death penalty be imposed except for heinous it decreased to 246,958; and in 2012, it decreased further
crimes. It says, except for compelling reasons to 217,812. That is only until 2012, Mme. Speaker,
involving heinous crimes. In other words, the according to the Philippine Statistics Authority data.
Constitution was couched in a manner that lays There are more recent data, Mme. Speaker, and
down a very clear State policy that the existence these are not only from the Philippine Statistics
of heinous crimes alone is not sufficient to call Authority. These are from the Philippine National
for the reimposition of the death penalty. The Police. This is the PNP Annual Report for 2015. It says
Constitution requires that there be compelling that in 2014, there were 9,756 and 9,643 murders in
reasons involving heinous crimes. What could be 2015. There is a decrease. In the case of homicide, from
one of these compelling reasons, Mme. Speaker? 3,349, it went down to 2,835; for physical injury, from
Maybe widespread criminality involving heinous 65,763, it went down to 49,845; in the case of robbery,
crimes could be a compelling reason and this from 43,726, it went down to 31,741; and in the case of
was cited by the honorable Chair of the Justice carnapping, from almost 14,000, we have now 12,000.
Committee, our distinguished Sponsor. May I ask Mme. Speaker, these are very clear statistical data that
the distinguished Sponsor, Mme. Speaker, if he is there has been, over the years, significant decrease in
familiar with the Philippine Statistics Authority. the crime rate, both for indexed and non-indexed crimes.
That is minus the death penalty, Mme. Speaker.
REP. UMALI. Mme. Speaker, again, two or
three previous interpellators had already asked these REP. UMALI. Mme. Speaker, Your Honor, I would
questions, but at any rate, I have cited pertinent portions like to commend the distinguished Gentleman for all
of the case of People vs. Echegaray where the Supreme of the data he just cited. But then again, I would like
Court ruled that these data or statistics are not necessary to quote pertinent portions of the case of People vs.
for the purpose of the reimposition of the death penalty. Echegaray, which somehow rendered the statistics
In fact, as I mentioned in the previous responses I made, immaterial, and I quote:
if you will just read the papers, watch television and/or
listen to radio on a daily basis, you will hear that these It is immaterial and irrelevant that R.A.
crimes are being committed left and right, and to me, No. 7659 cites that there has been an alarming
that is how I view that there is a compelling reason upsurge of such crimes, for the same was never
for the reimposition of the death penalty. In fact, the intended by said law to be the yardstick to
criminality that is happening everyday is becoming determine the existence of compelling reasons
graver and graver. In fact, even the President in one involving heinous crimes. Fittingly, thus, what
of his speeches mentioned that prior to the abolition R.A. No. 7659 states is that the Congress, in
or to the suspension of the death penalty under R.A. the interest of justice, public order and rule of
No. 9346, there were only 189 convictions involving law, and the need to rationalize and harmonize
heinous crimes. But from 2006 until today, there are the penal sanctions for heinous crimes, finds
now about 6,000 or an increase by 3,000 percent. But compelling reasons to impose the death penalty
I do not like to resort to or rely on the statistics for for said crimes.
purposes of pursuing this Bill on the reimposition of the
death penalty because the Supreme Court in the case This is no less than the Supreme Court which
of People vs. Echegaray had already ruled upon that has already ruled upon the matter. So, I could not
it is not necessary or a precondition for the passage of comprehend why we need to further discuss these issues,
House Bill No. 4727. most especially when in 1993, the death penalty was
16 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

already reimposed. This was after the 1987 Constitution Mme. Speaker. Suffice it to say, that based on statistics
was already effective. by the PSA and the PNP, it is not true that there is a
Now, what are we doing? In fact, this Bill that constant increase in the crime rate. In fact, the statistics
we are presenting on the floor, House Bill No. 4727, will show that there has been a significant decrease
is just a revival of the old law that has been upheld over the years.
by the Supreme Court, which is R.A. No. 7659. So, Nonetheless, Mme. Speaker, may I proceed to
with all due respect to the distinguished interpellator another point. Let me proceed to another important
that perhaps, we need not belabor on this point on data. This has relevance to the issue of correctness and
statistics because the Supreme Court had already propriety of court decisions. Is it not, Mme. Speaker,
ruled upon the matter. distinguished Sponsor, that in the case of People vs.
Mateo, decided in 2004, when the death penalty was
REP. FORTUN. Mme. Speaker, with due respect to still effective by virtue of Republic Act No. 9346,
the distinguished Sponsor, this Representation begs to no less that the Supreme Court admitted that 71.77
disagree that statistics are immaterial in the discussion percent of decisions imposing the death penalty that
on this matter, because it was the distinguished Sponsor were elevated to the court for review turned out to be
himself who raised it as one of the compelling reasons erroneous judgments. In fact, there were cases where
for the reimposition of the death penalty, the fact, the the death penalty was only reduced to a lower penalty.
claimed fact that there is widespread criminality, and But actually, the court even rendered an acquittal in
there is no way we can measure whether or not there is several cases, Mme. Speaker.
widespread criminality if we do not rely on statistics.
That is why, Mme. Speaker, the point earlier raised REP. UMALI. What is the question, Mme. Speaker,
by this Representation was that it is not enough that Your Honor?
there exists heinous crimes because there have been
heinous crimes since time immemorial. There has got REP. FORTUN. Yes, the question, Mme. Speaker,
to be widespread commission of heinous crimes so is that would the distinguished Sponsor agree that based
that probably may become a compelling reason for the on the decision of the Supreme Court, decided in 2004,
reimposition of the death penalty. when the death penalty was still in effect, there was an
Now, how do we determine widespread criminality admission from no less than the Supreme Court that
if we do not rely on statistics? That is why, Mme. 71.77 percent of the death sentences that were imposed
Speaker, this Representation went the whole hog to and elevated to the court for review turned out to be
gather the necessary data that would tell us whether erroneous judgments. The Supreme Court, in several
or not it is true that there is widespread criminality, cases, did not only reduce the penalty, but in fact, even
whether or not it is true that the absence of the penalty rendered an acquittal of the accused or the convict in
of death has been the reason there has been a constantly this case, Mme. Speaker?
increasing rate in crimes in the country. On the contrary,
Mme. Speaker, there has been no death penalty for one REP. UMALI. Mme. Speaker, Your Honor, I cannot
decade already, and in the last 10 years, there has been go against the ruling of the Supreme Court on the matter.
a consistent decline in the crime rate in the country But if I will interpret it, it even bolsters the fact that we
based on statistics not only by the Philippine Statistics need to reimpose the death penalty because of the strict
Authority, but also by the Philippine National Police, process that one has to go through before the death
Mme. Speaker. penalty is reimposed.
In fact, after the lower court has rendered and
REP. UMALI. It is unfortunate that the distinguished handed the verdict of death, there is a mode of appeal
interpellator does share the views of the Sponsor on the to the Court of Appeals, and even if the Court of
matter and equally of the jurisprudence established in Appeals would sustain the decision of the lower
People vs. Echegaray. Ultimately, if there will be issues court and even if the convict or the accused will
on legality or constitutionality, this will go back to the not appeal to the Supreme Court, there is a process
Supreme Court, and I do not see any reason the Supreme which is the automatic review by a 15-member court
Court will change its stand on the matter. of the decision of the lower court and of the Court of
At any rate, what we say here is only the position Appeals. So, it provides for a process that, I guess,
of this Representation. Ultimately, what will matter is will safeguard the welfare of the people before any
the decision of this august Chamber. Ultimately, this is death penalty will be carried out.
what will spell the difference between approval and or In fact, even before a death convict shall go to
disapproval of this Bill. the death chambers, the President has ample powers,
clemency and/or pardon to remove any death convict in
REP. FORTUN. Thank you, distinguished Sponsor, the death row from being subjected to the death penalty.
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 17

This is what we are sayingthat this is the better forward as to why we need to reimpose death penalty.
process, due process, or death with due process that will We need to tweak the present policy enunciated in
be pursued when we reimpose the death penalty against this Bill by reimposing death penalty, so that we can
what is happening now which is happening everywhere. reimpose also the rule of law and the respect of any
In fact, this is my biggest worry of all, that even law citizen of the country to respect the laws of the land
enforcers are now party to these gruesome killings and/ and to respect the rule of law.
or heinous crimes. This is what moved us and this is
what made us believe that this is a compelling reason At this juncture, Deputy Speaker Cayetano
for the reimposition of the death penalty involving relinquished the Chair to Deputy Speaker Raneo
heinous crimes. Ranie E. Abu.

REP. FORTUN. On the contrary, Mme. Speaker, the REP. FORTUN. Mr. Speaker, on the contrary,
admission by the Supreme Court that 71.77 percent of this is like a case of a cart ahead of the horse. If there
death sentences were erroneous judgments, this is an is really a need to reimpose the death penalty for
alarming data, Mme. Speaker, because it only shows compelling reasons involving heinous crimes, the
that we have a problematic criminal justice system. The admission of the Supreme Court that 71.77 percent
errors could not be mere misappreciation of the cases by of the death sentences they reviewed were erroneous
judges of lower courts. It demonstrates a problematic should be considered very seriously by this Congress.
criminal justice system, Mme. Speaker, because this Klarung-klaro po na ang daming pagkakamali at hindi
may be caused by poor law enforcement, poor case iyan pagkakamali ng Husgado lang. Nag-umpisa iyan
buildup, poor prosecution. That is why we are unable mula sa law enforcement hanggang sa prosecution,
to come up with accurate decisions. hanggang umakyat sa Husgado, kaya nagkaloko-loko
Mme. Speaker, will the distinguished Sponsor agree ang desisyon.
with this Representation that unlike other penalties like We have a problematic criminal justice system. But
reclusion perpetua and lower penaltiesin the case we commend, of course, the efforts of our Philippine
of the death penalty, when a convict has already been National Police because despite the fact that there was
executed, even if new-found evidence comes out in the no death penalty in the last 10 years, there has been
future which, under the law, can be utilized to reopen a a significant decrease in the crime rate sa atin pong
case, will there be any more chance to revive what has bansa.
been imposed, to withdraw the death penalty that has
already been imposed? THE DEPUTY SPEAKER (Rep. Abu). With due
respect to the Gentleman, may I remind the one-hour
REP. UMALI. Definitely, because if a death convict limit rule, so please wind up your interpellations.
has already been subjected to the punishment and he
will be six-feet under the ground, there will be no more REP. FORTUN. I will now go to my last point, Mr.
remedy for that. But then again, the process is there Speaker, since I only have a few minutes.
and the process is tedious and judicious, and that is the I will just state for the record, Mr. Speaker, that our
process that is now being considered. There may be country is a signatory to the Vienna Convention on the
some flaws in the criminal justice system, but then, the Law of Treaties which was signed on May 23, 1969.
Committee on Justice has deemed it necessary also to And that Treaty says that A treaty which contains no
reform the criminal justice system side-by-side with the provision regarding its termination, and which does not
reimposition of death penalty, because the Committee provide for denunciation or withdrawal, is not subject
on Justice and our Members felt that if we do not do to denunciation or withdrawal. That is in 1969.
something after 11 years of the suspension of the death In 1987, the Philippines ratified a new Constitution
penalty, if we do not do something about it, where will under which it is provided that the Philippines renounces
we go? Crimes are being committed left and right, and war as an instrument of national policy and adopts the
the gravity and the types of crimes being committed generally accepted principles of international law as
are becoming graver and graver. And now, even law part of the law of the land. But, prior to that, Mme.
enforcers are emboldened and have been emboldened Speaker, prior to the 1987 Constitution, the Philippines
to commit these crimes. ratified the International Covenant on Civil and Political
So, there has got to be a change in the policy to Rights, reinforcing its commitment to promote civil
somehowso that we can expect change; otherwise, and political rights including the right to life. On June
how can we expect that the conditions will change 24, 2006, R.A. No. 9346 was passed and approved,
after 11 years of hibernation of death penalty if we will entitled An Act Prohibiting the Imposition of Death
maintain a status quo? Penalty in the Philippines. Subsequently, after we
This is one other reason that we would like to put signed the Vienna Convention on the Law of Treaties
18 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

in 1969, ratified the ICCPR in 1986, ratified our present I am just reiterating, Mr. Speaker, that these are
Constitution in 1987, we signed in February of 2007 the international commitments and when we approved,
Second Optional Protocol to the International Covenant we ratified these commitments, Mr. Speaker, we were
on Civil and Political Rights, aiming at the abolition conscious of the fact that in 1969, we were a signatory
of death penalty in our jurisdiction. May I read, Mr. to the Vienna Convention on the Law of Treaties that
Speaker, the specific provisions: says that all instruments na wala pong withdrawal and
denunciation ay hindi po subject sa denunciation at
1. No one within the jurisdiction of a State withdrawal.
Party to the present Protocol shall be executed. Thank you, Mme. Speaker, my time is already up.
2. Each State Party shall take all necessary Thank you, distinguished Sponsor.
measures to abolish the death penalty within its
jurisdiction. REP. UMALI. Mr. Speaker, Your Honor, just to
respond to those two points.
Article II, Mr. Speaker, of the Protocol, only allows
reservations made at the time of ratification, and the THE DEPUTY SPEAKER (Rep. Abu). Please
Philippines did not make any such reservation. proceed, Mr. Sponsor.
Mr. Speaker, not only that. We have been very actively
reiterating our commitment because after all these REP. UMALI. Just two points, Mr. Speaker, Your
international instruments, mayroon pa pong mga sumunod: Honor.
On December 18, 2007, we sponsored, we were Earlier on, he cited a Supreme Court decision and
not only in favor, we did not only ratify this, we his view was that this is effectively an indictment of
sponsored resolution adopted by the General Assembly the reimposition of death penalty which I also cannot
on December 18, 2007, the resolution wherein we agree to because on the contrary, that decision will also
affirmed in unequivocal terms the commitment of the manifest that the criminal justice system is working. This
UN towards the abolition of death penalty. After that, in is precisely what we were saying that when we reimpose
2008, we also ratified a resolution that was adopted by the death penalty, there will be a long, tedious and
the General Assembly. It had the assembly welcoming judicious process that a death convict shall go to before
the global trend towards the abolition of capital
punishment and also welcoming recommendations THE DEPUTY SPEAKER (Rep. Abu). Thank
contained in the Secretary Generals report on the you, Mr. Sponsor. May I remind you that you are also
implementation of the 2007 resolution, calling for the included in the one-hour time limit rule.
abolition of death penalty.
After that, there was another resolution that we REP. UMALI. Yes, may I request for just one
ratified, on December 21, 2010, the resolution on minute, just to finish off.
the moratorium on the use of a death penalty. And in
2012, there was another resolution that we ratified. THE DEPUTY SPEAKER (Rep. Abu). Just a
The assembly advanced its call to end the use of death minute.
penalty with the passageby a recorded vote of 111
in favor; 41 against; 34 abstentions, calling for a REP. UMALI. That decision also shows that our
moratorium on the death penalty. criminal justice system is working. On the point of all
Also very recently, Mr. Speaker, there was another of these international treaties, conventions, international
resolution that we ratified, on June 24, 2014, calling laws that form part of the law of the land, suffice it to
upon all states that have not yet acceded to ratify say that this treaty, and all international agreements,
the Second Optional Protocol to the International cannot be above our Constitution which is explicit that
Covenant on Civil and Political Rights, to already Congress is authorized to reimpose death penalty for
call for the abolition of the death penalty in their compelling reasons involving heinous crimes.
respective jurisdiction. The most recent, Mr. Speaker, Thank you, Mr. Speaker. Thank you, Your Honor.
is a resolution adopted by the General Assembly na
tayo ay hindi lang pabor kung hindi cosponsor pa. Ito REP. FORTUN. May I also be accorded one
ang resolution na nananawagan ulit para tanggalin na minute to conclude, Mr. Speaker. Just one minute, Mr.
ang parusa ng kamatayan. Speaker.
Sunud-sunod po ito na mga commitments natin,
hindi lang po iyong Second Optional Protocol. Marami THE DEPUTY SPEAKER (Rep. Abu). Just a
pang sumunod after that. There are about six or seven minute. Just a minute.
resolutions that we did not only ratify. In fact, a few of
these resolutions ay sponsor pa po tayo. REP. FORTUN. Just to reiterate the fact, Mr.
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 19

Speaker, that based on our discussion, it is very THE DEPUTY SPEAKER (Rep. Abu). The session
clear that the death penalty was abolished by the is resumed.
1987 Constitution and the 1987 Constitution has
an abolitionist perspective on the matter of death REP. BONDOC. We object, Mr. Speaker. A quorum
penalty. Also that the mere existence of heinous was established earlier.
crimes is not enough compelling reason for the
reimposition of the death penalty and it has been THE DEPUTY SPEAKER (Rep. Abu). Please state
established that there are not a few but several the objection.
errors in conviction. Also, Mr. Speaker, we cannot
renege on our international commitments on the REP. BONDOC. There is a presumption of a
abolition of the death penalty. quorum, so business must continue, Mr. Speaker.
Thank you, Mr. Speaker. Thank you, distinguished
Sponsor. REP. LAGMAN. A motion to adjourn is not
debatable.
THE DEPUTY SPEAKER (Rep. Abu). Thank you,
Honorable Fortun from the First District of Agusan del THE DEPUTY SPEAKER (Rep. Abu). According
Norte. to precedence on the ruling of the Chair from way
The Dep. Majority Leader is recognized. back the Eighth Congress, a motion to adjourn is
not debatable but the motion to adjourn needs the
REP. BONDOC. Mr. Speaker, I move for the approval of the majority of the Members of the
recognition of the Gentleman from the Party-List plenary; therefore, it is subject to voting.
AKBAYAN, the Hon. Tomasito Tom S. Villarin, for
his interpellation of the honorable Sponsor. REP. LAGMAN. Then let us vote.
I so move, Mr. Speaker.
THE DEPUTY SPEAKER (Rep. Abu). Let us now
REP. UMALI. At this juncture, may the Sponsor divide the House. Those who are in favor to adjourn
also request that Deputy Speaker Castro be recognized
to respond to the interpellation. REP. LAGMAN. Mr. Speaker, before we divide
the House, we should first establish a quorum so that
THE DEPUTY SPEAKER (Rep. Abu). Deputy we could transact
Speaker Fredenil Fred H. Castro is recognized.
THE DEPUTY SPEAKER (Rep. Abu). We are in
REP. LAGMAN. Mr. Speaker. Mr. Speaker. the process of

THE DEPUTY SPEAKER (Rep. Abu). What is REP. LAGMAN. It is immaterial whether we had
the pleasure of the Gentleman from the First District a quorum previously; but presently, we do not have a
of Albay? quorum, so let us call the roll.

REP. LAGMAN. The Hon. Tom Villarin is ready to THE DEPUTY SPEAKER (Rep. Abu). The Dep.
interpellate, but as agreed upon, we will only continue Majority Leader is recognized.
the debates and the interpellation if there are sufficient
numbers in the House to constitute a quorum. I move REP. BONDOC. Mr. Speaker, let me state our
that we adjourn because of the absence of a quorum. parliamentary status before we vote. There is a motion
to adjourn which you have put to a vote; an aye vote
REP. BONDOC. Objection, Mr. Speaker. sustains the adjournment, a nay vote continues our
deliberation.
SUSPENSION OF SESSION The Majority seeks your nay, Mr. Speaker.

THE DEPUTY SPEAKER (Rep. Abu). The session THE DEPUTY SPEAKER (Rep. Abu). May you
is suspended. please repeat the questions to be voted upon.

It was 6:14 p.m. REP. BONDOC. Mr. Speaker, there is a motion


to adjourn which we have objected to; an aye vote
RESUMPTION OF SESSION sustains the adjournment, a nay vote allows us to
continue our business, and the Majority seeks a nay
At 6:14 p.m., the session was resumed. vote.
20 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

VIVA VOCE VOTING THE DEPUTY SPEAKER (Rep. Abu). For the
Gentleman from the Second District of Albay,
THE DEPUTY SPEAKER (Rep. Abu). Those who
are in favor to adjourn, please say aye. REP. LAGMAN. First District.

FEW MEMBERS. Aye. THE DEPUTY SPEAKER (Rep. Abu). First


District of Albay, the Presiding Officer, the Speaker
THE DEPUTY SPEAKER (Rep. Abu). Those who has just heard that the nay vote is the one that got the
are not in favor to adjourn, please say nay. votes.

SEVERAL MEMBERS. Nay. REP. LAGMAN. Precisely, Mr. Speaker. We have


doubts, I have doubts about the preponderance of the
THE DEPUTY SPEAKER (Rep. Abu). The motion nays over the ayes, that is why, under the rules, I am
is lost. moving for a division of the House.

REP. LAGMAN. Mr. Speaker. THE DEPUTY SPEAKER (Rep. Abu). We already
divided the House, Gentleman from Albay.
REP. BONDOC. With that, Mr. Speaker, I move
for the REP. LAGMAN. Mr. Speaker, I would like to ask
that the rules be read, on this particular matter with
THE DEPUTY SPEAKER (Rep. Abu). The Dep. respect to the division of the House.
Majority Leader is recognized.
THE DEPUTY SPEAKER (Rep. Abu). You rose
REP. LAGMAN. Mr. Speaker. on a point of order. May I please know and please cite
the rule that has been violated or the rule that you have
REP. BONDOC. recognition of the Hon. Tom been pointed out, so that the Presiding Officer will be
Villarin, guided.

REP. LAGMAN. Mr. Speaker. REP. LAGMAN. Mr. Speaker, we are saying that

REPL BONDOC. for his interpellation of the THE DEPUTY SPEAKER (Rep. Abu). What
Sponsor. particular provision of our rules of the House?
I so move, Mr. Speaker.
REP. LAGMAN. the ayes and nays did not
REP. LAGMAN. Mr. Speaker. determine the decision of the House. In other words,
we should ascertain whether the House really agreed
THE DEPUTY SPEAKER (Rep. Abu). The Rep. to continue with the proceedings. Under the rules, a
Tom Villarin from Party-List AKBAYAN motion to divide the House is in order.

REP. LAGMAN. No. REP. DAZA. Mr. Speaker.

THE DEPUTY SPEAKER (Rep. Abu). THE DEPUTY SPEAKER (Rep. Abu). Sorry,
is recognized to interpellate the distinguished Gentleman from the First District of Albay, the Presiding
Sponsor, the Deputy Speaker Fredenil Fred H. Officer heard it that the nay vote won the division of
Castro. the House and the Presiding Officer had already ruled
that the nay vote had it.
REP. LAGMAN. I am rising on a point of order. So, and the parliamentary order now is that
the Presiding Officer had already recognized the
THE DEPUTY SPEAKER (Rep. Abu). May you interpellator, Cong. Tom Villarin, from AKBAYAN
please state your point of order, honorable Gentleman Party-List. According to our rules, if the Presiding
from Albay. Officer had already recognized the interpellator who
is ready to interpellate the Sponsor, unless there
REP. LAGMAN. According to the rules of the will be another point of order, there should be no
House, if the ayes and nays would not be sufficient to interruption.
determine the decision of the House, then, I move that
we divide the House. REP. LAGMAN. That is precisely the point, Mr.
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 21

Speaker. I am rising on a point of order. Pursuant to the REP. BONDOC. Objection, Mr. Speaker.
rules of the House, a Member can ask for a division
of the House after the ayes and nays had been taken, REP. LAGMAN. will be supported by one-fifth
because there is no conclusive presumption that the nays of the Members present.
overwhelmed the ayes in this particular problem.
REP. BONDOC. Objection, Mr. Speaker.
THE DEPUTY SPEAKER (Rep. Abu). I would like
to read Rule XV on Voting, which states: THE DEPUTY SPEAKER (Rep. Abu). Please,
Dep. Majority Leader.
Section 115. Manner of Voting. The
Speaker shall rise and state the motion or REP. ATIENZA. Mr. Speaker.
question that is being put to a vote in clear,
precise and simple language. The Speaker THE DEPUTY SPEAKER (Rep. Abu). The Dep.
shall say as many as are in favor, (as the Majority Leader is recognized.
question may be) say aye. After the
affirmative vote is counted, the Speaker shall REP. BONDOC. We object to that motion, Mr.
say as many as are opposed, (as the question Speaker.
may be) say nay.
REP. ATIENZA. Mr. Speaker, we support
REP. LAGMAN. So in other words,
REP. LAGMAN. What is the reason for the
THE DEPUTY SPEAKER (Rep. Abu). the objection
Speaker shall name one Member from each side of the
question, and so on and so forth. The Speaker does not REP. ATIENZA. the motion.
doubt the result of the voting.
REP. LAGMAN. when it is very clear under
REP. LAGMAN. Well, in that case, Section 116 of Rule XV that:

THE DEPUTY SPEAKER (Rep. Abu). I heard that U p o n m o t i o n o f a M e m b e r, d u l y


the nays have it. approved by one-fifth (1/5) of the Members
present, there being a quorum, nominal
REP. LAGMAN. Mr. Speaker, then we shall go voting on any question may be called.
to the subsequent method of voting, which is to divide In case of nominal voting, the Secretary
the House. And, if it is still not conclusive, General shall call, in alphabetical order,
the names of the Members who shall state
THE DEPUTY SPEAKER (Rep. Abu). The rule their vote as their names are called x x x?

REP. LAGMAN. then we will have to count THE DEPUTY SPEAKER (Rep. Abu). The Dep.
by tellers and we could also move for nominal voting. Majority Leader is recognized.

THE DEPUTY SPEAKER (Rep. Abu). Sorry, REP. LAGMAN. There are two conditions here,
Gentleman, but the rule says that if the Speaker is in Mr. Speaker.
doubt. The Speaker is not in doubt, so the nays have
it. I heard it; the nays have it, so the Speaker says the REP. BONDOC. Mr. Speaker.
motion is lost.
May we proceed now, Majority Leader. REP. LAGMAN. First, there should be a quorum.
Number two, the motion should be approved by
REP. ATIENZA. Mr. Speaker. one-fifth of the Members present, there being a
quorum.
REP. LAGMAN. Mr. Speaker, ...
THE DEPUTY SPEAKER (Rep. Abu). The Dep.
REP. ATIENZA. Mr. Speaker. Majority Leader is recognized.

REP. LAGMAN. ...I now invoke Section 116 for REP. BONDOC. Mr. Speaker, there are preceding
nominal voting. So, let us now determine whether this conditions to Section 116, and the Speaker has read
motion them. It states under Section 115 that:
22 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

The Speaker shall rise and state the motion sa ating rules eh nandito po iyan sa libro natin? If one-
or question that is being put to a vote in clear, fifth agrees with the motion of the Gentleman from
precise and simple language. The Speaker shall Albay, then we must be allowed to conduct nominal
say As many as are in favor, (as the question voting.
may be) say aye. After the affirmative vote is
counted, the Speaker shall say as many as are THE DEPUTY SPEAKER (Rep. Abu). Uulitin
opposed, (as the question may be) say nay. ko po, napakaliwanag po ng nasa ating regulasyon,
If the Speaker doubts the result of the nasa ating rules: Gagawin lang po natin iyan
voting or a motion to divide the House is kapag duda ang Speaker sa kinalabasan ng resulta
carried, the House shall divide. ng botohan. At sinasabi ko po, at ito ang ruling
ng Chair, hindi ho siya nagdududa sa resulta ng
As the Chair has stated, he is not in doubt of the botohan. Ang resulta ho ng botohan ay panalo ang
result; therefore, there is no need for nominal voting, hindi. Kaya ho tayo ay magpapatuloy ng ating
Mr. Speaker. interpelasyon. Ang nakalagay ho, maliwanag ho
dito.
THE DEPUTY SPEAKER (Rep. Abu). According
to our rules, REP. ATIENZA. Mr. Speaker, maliwanag din po
itong binabasa ko eh.
REP. LAGMAN. Mr. Speaker, may I have the
floor. THE DEPUTY SPEAKER (Rep. Abu). Section 115
po, napakaliwanag po dito.
THE DEPUTY SPEAKER (Rep. Abu). The Chair
has already ruled. REP. ATIENZA. Wala naman pong nakalagay
dito na kayo lamang ang magde-decide; kami po ang
REP. LAGMAN. As Section 116 is not dependent magde-decide.
on Section 115...
THE DEPUTY SPEAKER (Rep. Abu). Ang
THE DEPUTY SPEAKER (Rep. Abu). May Speaker ho, ang Speaker ho. Ang nakalagay dito, If
I recognize Cong. Tom Villarin of the Party-List the Speaker doubts the result of the voting or a motion
AKBAYAN to interpellate the Sponsor. to divide the House is carried, the House shall divide.
Kung duda ho ang Speaker, saka lamang magkakaroon
REP. ATIENZA. Mr. Speaker, this Representation ng division.
would like to join the discussion, a very important
one. REP. ATIENZA. Hindi po, wala pong Speaker dito.
And sabi, Upon a motion of a Member.
THE DEPUTY SPEAKER (Rep. Abu). The Chair
recognizes Tom Villarin. THE DEPUTY SPEAKER (Rep. Abu). The Chair
has already ruled and only a legal appeal can change
REP. ATIENZA. Mr. Speaker. the ruling of the Chair.

THE DEPUTY SPEAKER (Rep. Abu). What is REP. ATIENZA. Mr. Speaker, do not overrule the
the pleasure of the Gentleman from the BUHAY Party- right. Mr. Speaker.
List?
THE DEPUTY SPEAKER (Rep. Abu). Is
REP. ATIENZA. I insist that I be given a chance the Gentleman appealing from the ruling of the
to talk. Chair?

THE DEPUTY SPEAKER (Rep. Abu). What is REP. LAGMAN. No, there is no appeal yet.
the pleasure of the Gentleman from the BUHAY Party-
List? REP. ATIENZA. Mr. Speaker, there is a Member
asking for a nominal voting. So, why does he not ask
REP. ATIENZA. The interpretation of the Dep. those present now? One-fifth among us will allow
Majority Leader of Rule XV, Section 116 is flawed. nominal voting. Bakit hindi po tayo .
Nominal voting is a right as Members of this Congress.
If one-fifth of us should want to explain our vote, we THE DEPUTY SPEAKER (Rep. Abu). The
should be allowed to do so. Bakit po ninyo inaalis iyon Gentleman is questioning the ruling of the Chair. The
WEDNESDAY, FEBRUARY 15, 2017 17th Congress 1RS v.4 Congressional Record 23

Chair has already ruled that the nays have it. We will The parliamentary status is, we are in the period of
now proceed to the interpellation by Cong. Tom Villarin sponsorship and debate on a very important measure.
of the AKBAYAN Party-List. And I have already They have listed so many interpellators. We want
recognized Cong. Tom Villarin for his interpellation to accommodate all of them and we have been very
of the distinguished Sponsor, Deputy Speaker Fred accommodating. In fact, we have been bending the
Castro. rules dahil po iyong mga nasa gallery, mga Sisters, iyan
poSisters, good evening popumunta po sila dito
REP. ATIENZA. Mr. Speaker, we are appealing para makinig ng debate. Kaya nga po iyong mga nandito,
from the Chairs sense of parliamentary appreciation. nagtitiyaga maski po hindi na sila interesado dahil alam
We have rules in the House. Rule XV, Section 116 na nila iyong boto nila. Iyon ay for the sake of those who
states that if one-fifth of those present now would want want to have a debate kaya ho we are having a debate. But
a nominal voting, the Chair has to give it to us as a our colleagues, gusto po nila na kapag nagsalita sila, dapat
matter of right. may nakikinig sa kanila na 51 percent of the Members.
It is the right of a Member to listen to the debates
THE DEPUTY SPEAKER (Rep. Abu). Is or not, and nobody can force them to listen to the
the Gentleman appealing from the ruling of the debates. Kapag magaling po iyong Speaker at maganda
Chair? iyong argument niya, puno po ito. Pero kung ang
sinasabi naman niya ay hindi naman interesting o
REP. ATIENZA. No, we are stating the section paulit-ulit, hindi po pwedeng pilitin iyong Member.
which states that we must ask the Members now, Do Kami po sa Rules ay nagtitiyaga para sa inyo na gustong
you want a nominal voting or not? If one-fifth of the mag-interpellate kasi ang nakakarami po dito, ang nagpalista po
Members want to, the Chair has to grant that. The ay 50 lang, e 293 po kami dito. Iyong mga 200 at mahigit po ay
Chair cannot just overrule a provision of the rules of hindi na gustong magdebate para ito po ay mapagbotohan na.
the House. Now, because they want to speak, we are
accommodating them, allowing them to speak. But when
THE DEPUTY SPEAKER (Rep. Abu). The rule they speak, they demand that at least 51 percent should
clearly stated that only if the Speaker is in doubt of the be present here to speak. Eh hindi na po namin problema
result of the vote iyon kung walang gustong makinig sa inyo.
If that is our status now, ako po, as the Chairman of
REP. LAGMAN. That is Section 115. the Committee on Rules, we will now force a vote on the
measure and we will now close the period of debates.
THE DEPUTY SPEKAER (Rep. Abu). will Dahil ano ang mangyayari, Sisters, Brothers? Ang
there be a division of the House. But the Speaker does mangyayari po ay hindi na ho kami makakapag-transact
not doubt the result of the vote. So we must now proceed ng business dahil ikukuwestiyon po nila ang quorum.
to the interpellation. Sila nga ho ang gustong mag-adjourn. Ni-recognize na
po ng Presiding Officer iyong susunod na magtatalumpati
SUSPENSION OF SESSION at mayroon po namang nakikinig dito, pero iyong ibang
kasama namin po ay gustong itigil na dahil kulang daw
REP. ATIENZA. Mr. Speaker, I move for a one- ang nakikinig. Iyong mga Miyembro, pwede naman
minute suspension of the session para magkasundo po silang makinig sa kwarto nila at saka pwede naman
tayo dahil hindi po tayo nagkakasundo. po nilang basahin bukas kung ano ang nangyari
dahil hindi pa naman po nagbobotohan ngayon.
THE DEPUTY SPEAKER (Rep. Abu). The session Every day, we have been calling the roll. This
is suspended for one minute. is unprecedented in any Congress. No Congress, on
record, has called the roll every single session day
It was 6:27 p.m. except this Congress. When we called the roll earlier,
ilan po ang bilang? It was 202. Pero, noong nag-
RESUMPTION OF SESSION umpisang magtalumpati iyong gustong magtalumpati
ay natabangan po sila. Hindi naman po sila natutuwa
At 6:34 p.m., the session was resumed. sa debate. Sila ay nag-uwian o nagpunta sa mga opisina
dahil may ginagawa. But, kami po rito, nagtitiyaga para
THE DEPUTY SPEAKER (Rep. Abu). The session mapagbigyan, so we can give everyone a chance and an
is resumed. opportunity to express their views for or against the matter.
The Majority Leader is recognized. So, Mr. Speaker, as the Chairman of the Committee
on Rules, I will now move to adjourn the session.
REP. FARIAS. Mr. Speaker, thank you. But before that, I will now lay on the floor that we will
24 Congressional Record 17th Congress 1RS v.4 WEDNESDAY, FEBRUARY 15, 2017

meet in the Committee on Rules. And, if these are the THE DEPUTY SPEAKER (Rep. Abu). Is there any
sentimentsI will call a caucus of the majority, and if the objection? (Silence) The Chair hears none; the motion is
majority says that debates are enough already, then let us approved.
vote on the matter. Maski gusto ko po kayong pagbigyan,
kung ayaw na ng nakararami, e baka mapilitan po REP. ATIENZA. Objection. I will have a continuous
kaming itigil na ang debate dito at pagbotohan na, objection.
tutal alam na po iyong issues. Alam na po iyong issues.
THE DEPUTY SPEAKER (Rep. Abu). The
ADJOURNMENT OF SESSION session is adjourned until four oclock in the afternoon,
February 20, 2017.
REP. FARIAS. So, with that, Mr. Speaker, I move
to adjourn the session until Monday, February 20, 2017. It was 6:39 p.m.

Published by the Publication and Editorial Service, Plenary Affairs Bureau


The Congressional Record can be accessed through the Downloads Center of the official website
of the House of Representatives at www.congress.gov.ph
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