JOURNAL NO. 64 Wednesday, April 22, 2009 CALL TO ORDER At 4:00 p.m., Deputy Speaker Ma. Amelita C. Villarosa called the session to order. NATIONAL ANTHEM AND PRAYER Pursuant to Section 71, Rule XI of the Rules of the House, the Members sang the National Anthem and thereafter observed a minute of silent prayer. SUSPENSION OF SESSION At 4:01 p.m., the Chair motu proprio suspended the session. RESUMPTION OF SESSION At 5:31 p.m., the session was resumed. ROLL CALL Thereupon, on motion of Representative Del R. De Guzman, the Chair directed the Secretary General to call the Roll and the following Members were present: Abante Abaya Aggabao Agyao Albano Alcala Alfelor Amatong Angara Angping Antonino Apostol Aquino Arnaiz Arroyo (D.) Balindong Barzaga Belmonte Biron Bonoan-David Briones Cabilao Cajayon Cajes Cari Casiño Castelo Daza Castro Celeste Cerilles Chatto Chavez Chipeco Codilla Coquilla Coscolluela Cruz-Gonzales Cua Dangwa Datumanong Dayanghirang Daza De Guzman De Venecia Defensor (A.) Defensor (M.) Del Mar Diaz Dimaporo Dueñas Dumarpa Dy Emano Enverga Escudero Estrella (C.) Estrella (R.) Fernandez Fua Fuentebella Garay Garcia (A.) Garcia (P.) Garcia (V.) Garin Gatchalian Gatlabayan Golez Gonzalez Guingona Gullas Hofer Hontiveros Ilagan Jaafar Jala Jalosjos Jikiri Joson Labadlabad Lacson Lagdameo Lagman Lim Limkaichong Locsin Lopez (C.) Lopez (J.) Madrona Malapitan Mandanas Mangudadatu Mariano Matugas Maza Mercado Miraflores Mitra Nava Nicolas Noel Nograles Ocampo Olaño Ong Ortega Padilla Pancho Pancrudo Piamonte Pichay Ping-ay Pingoy Piñol Prieto-Teodoro Puentevella Puno Ramiro Remulla Reyes (C.) Reyes (V.) Robes Rodriguez Rodriguez-Zaldarriaga Roman Romarate Romualdez Romualdo Romulo Roxas Salimbangon Salvacion San Luis Santiago (J.) Seachon-Lanete Seares-Luna Suarez Susano Sy-Alvarado Taliño-Mendoza Teodoro Teves Tieng Tupas Umali (A.) Umali (C.) Uy (R. A.) Uy (R. S.) Valdez Vargas Velarde Villafuerte Villarosa Vinzons-Chato Violago Yap Yu Zamora (M.) Zamora (R.) With 159 Members responding to the Call, the Chair declared the presence of a quorum. The following Members appeared before and/or after the Roll Call: Alvarez (A.) Bondoc Cayetano Duavit Ermita-Buhain Fabian Gonzales (A.) Gunigundo Kho Tañada Subsequently, the Chair recognized Rep. Teodoro L. Locsin Jr. for a parliamentary inquiry. PARLIAMENTARY INQUIRY OF REP. LOCSIN Referring to a new Resolution which he had a copy of, and which stated the phrase, “Congress as a constituent assembly,” Rep. Locsin asked what was the use of the same when it was called a House Resolution. He stressed that although either the Senate or House can propose amendments to the Constitution and approve them, both need to convene as a constituent assembly. He observed that what said Resolution contained were not amendments but prohibitions on term limits which merely insulted the President and the legislators who had not asked for any exemptions therefrom; Congress can convene as a constituent assembly only when it has a specific amendment in mind; and Congress performs a legislative and not any constituent function when it crafts laws and the Constitution. He opined that the original Nograles Resolution was the only resolution that passed the test and the Speaker could have signed the instant Resolution merely for political peace. REMARKS OF REP. DEFENSOR (A.) Affirming Rep. Locsin’s position, Majority Leader Rep. Arthur D. Defensor Sr. suggested that his colleague attend the Committee on Constitutional Amendments’ meeting on said Resolution at the proper time. PARLIAMENTARY INQUIRY OF REP. HONTIVEROS After the Chair informed her that House Resolution No. 1109 has been received by the Bills and Index Service only that day, April 22, 2009, at 9:30 in the morning, Rep. Risa N. Hontiveros raised a point of order, citing Section 41, Rule X of the Rules on Bills, Resolutions, Messages, Memorials and Petitions. Inasmuch as the date of filing of said Resolution was on that day, Wednesday, and the meeting of the Committee on Rules is every Tuesday, she pointed out that the inclusion of the Resolution in the day’s Order of Business under Resolutions is a violation of the aforementioned Rules of the House considering that it must still pass through the Committee on Rules which shall, through the Majority Leader, determine the appropriate committee to which it shall be referred. Since it would be up for First Reading after the Committee on Rules acts on it on Tuesday next week, she therefore said that it should not be included in the day’s Order of Business. With the permission of the Chair, Rep. Defensor (A.) replied that if the Resolution has not been properly referred to an appropriate committee, then it should not be included in the Order of Business under the Resolutions on First Reading. Rep. Hontiveros thereafter articulated her understanding that House Resolution No. 1109 would be struck out in that day’s Order of Business. PARLIAMENTARY INQUIRY OF REP. RODRIGUEZ Upon recognition by the Chair, Rep. Rufus B. Rodriguez read to the Body the first “Whereas” clause of House Resolution No. 1109 and concluded that this Resolution has now precluded the Body from discussing the Nograles Resolution because it is illegal. Rep. Rodriguez also inquired whether the Body would be able to proceed with its deliberations on House Resolution No. 737 in view of the filing of House Resolution No. 1109 which has about 174 signatories. In response, Rep. Defensor (A.) stated that House Resolution No. 1109 has nothing to do with House Resolution No. 737. He claimed that House Resolution No. 1109 has not been referred to the Committee on Constitutional Amendments for its appropriate action. In his rejoinder, Rep. Rodriguez however disagreed that House Resolution No. 1109 has nothing to do with House Resolution No. 737. MOTION OF REP. DEFENSOR (A.) On motion of Rep. Defensor, there being no objection, the Body approved to consider the Reference of Business. MANIFESTATION OF REP. VILLAFUERTE However, before the Body could proceed with the Reference of Business, the Chair recognized Rep. Luis R. Villafuerte who manifested that the contents of House Resolution No. 1109 are inconsistent with House Resolution No. 737. The inconsistency, he said, lies in the fact that based from Supreme Court decisions and even historical precedents, no specific constitutional amendment can be submitted, considered, approved or even disapproved until and unless a constituent assembly is convened. Rep. Villafuerte informed the Body that the objective of his Resolution is that when the House is convened as a constituent assembly, the latter will not yet accept proposals for constitutional amendments but trigger a justiciable controversy regarding the issues on how the Members will vote and when consideration of proposals for amendments becomes timely and appropriate. It is because of this inconsistency, he said, that he believes that the Body should temporarily suspend the consideration of House Resolution No. 737 and await the decision of the Committee on Constitutional Amendments thereon. At this juncture, Deputy Speaker Villarosa relinquished the Chair to Deputy Speaker Raul V. Del Mar. Rep. Villafuerte then opined that the signatories to House Resolution No. 1109 are in estoppel to consider proposals to amend the Constitution. Nonetheless, he agreed with Rep. Defensor (A.) to refer House Resolution 1109 to the appropriate committee for its decision. Prior to its referral, he stated that the Members cannot prejudge the measure. The Chair noted the manifestation. MANIFESTATION OF REP. DEFENSOR (A.) Upon recognition by the Chair, Rep. Defensor manifested that the Body take up first the Reference of Business before Rep. Hontiveros is recognized for her manifestation. MANIFESTATION OF REP. CERILLES Whereupon, Rep. Antonio H. Cerilles sought recognition from the Chair for a parliamentary inquiry which he surmised has a higher order in preference than a manifestation. MOTION OF REP. HONTIVEROS With Rep. Cerilles acceding to the request of the Chair and upon recognition, Rep. Hontiveros moved to strike out House Resolution No. 737 from the Order of Business. SUSPENSION OF SESSION The Chair suspended the session at 6:09 p.m. RESUMPTION OF SESSION At 6:13 p.m., the session was resumed. MOTION OF REP. DEFENSOR (A.) In view of the manifestation of Rep. Hontiveros, Rep. Defensor moved to refer House Resolution No. 1109 to the Committee on Rules. OBJECTION OF REP. CASIÑO Rep. Casiño however objected to the motion citing that the referral of the measure, which Rep. Defensor himself has agreed to be unconstitutional, is only a waste of time. In reply, Rep. Defensor claimed that whatever are the contents of House Resolution No. 1109 or whatever the thoughts of the Members thereto, the measure is entitled to legislative due process. He then reiterated his motion. Rep. Casiño likewise reiterated his objection. Rep. Defensor then moved for a division of the House. VIVA VOCE VOTING ON THE MOTION OF REP. DEFENSOR (A.) The Chair then called for a viva voce voting on the motion of Rep. Defensor and with majority of the Members voting in favor of the motion, the same was approved. MOTION OF REP. VILLAFUERTE Rep. Villafuerte informed the Body that he was able to convince Rep. Hontiveros not to proceed with her motion to delete House Resolution No. 737 from the Order of Business but to move instead for the suspension of its consideration. This would be until the Body, he said, would have been able to resolve what to do with House Resolution No. 1109 in the light of the constitutional principles that have been enumerated therein. He reiterated that until and unless a constituent assembly is convened, the House cannot consider any specific proposed Constitutional amendments. He then moved to suspend consideration of House Resolution No. 737. MOTION OF REP. HONTIVEROS After confirming the statements of the Chair that she would no longer pursue her previous motion, Rep. Hontiveros seconded the motion of Rep. Villafuerte to suspend the consideration of House Resolution No. 737. POINT OF ORDER OF REP. GARCIA (P.) Rep. Garcia (P.) pointed out that when the House began consideration of House Resolution No. 737, it was acting in its constituent power and performing its constituent functions, and this was made clear from the very beginning. He explained that until they take up again and submit to the Body further consideration of House Resolution No. 737, they cannot make any motion with respect to the consideration of said measure. He said that it is not correct to say that they have to first convene as a constituent assembly before they can propose amendments to the Constitution because Section 1, Article XVII of the Constitution provides that any amendment to, or revision of the Constitution may be proposed by Congress, upon a vote of three-fourths of all its Members, and that said section does not say that Congress must convene as a constituent assembly. Whereupon, Rep. Garcia reiterated that the House is acting on the said Resolution as a component of Congress and that the same is being considered by the constituent Congress of the Philippines and not by a constituent assembly since there is no joint session assembled. MANIFESTATION OF REP. VILLAFUERTE Rep. Villafuerte sought recognition from the Chair. REMARKS OF THE CHAIR The Chair reminded the Body that a proper motion must be made first to resume the consideration of House Resolution No. 737 because at that point, the consideration of said measure is still suspended. SUSPENSION OF SESSION The Chair motu proprio suspended the session at 6:28 p.m. RESUMPTION OF SESSION At 6:29 p.m., the session was resumed. MOTION OF REP. DEFENSOR (A.) Rep. Defensor moved for the approval of Journal No. 63, dated April 21, 2009. CORRECTIONS TO THE JOURNAL Before the Body could act on the motion, some Members gave their corrections to the Journal of the previous session, to wit: 1. On page 9, Rep. Casiño inquired why his name was in the list of those present when he was not in the Session Hall when the second roll call was made. As he stressed that the question of quorum is only important because they will be voting on important measures in the next few days, he then sought assurance from the Secretariat that only those who are actually in the session hall be considered present; 2. On page 11, under the heading “Division of the House,” Rep. Teofisto DL. Guingona III said that the paragraph should start with REPRESENTATIVE DEFENSOR STA-TED which the latter amended to read as THE MAJORITY LEADER STATED; 3. On page 12, Rep. Rufus B. Rodriguez asked that the four cases he had mentioned, namely: PABLITO SANIDAD VS. COMELEC, RAMON GONZALES VS. COMELEC, ENRIQUE GARCIA VS. COMELEC and LAMBINO VS. COME-LEC be reflected under the heading “Ex-planation of Rep. Rodriguez’ Appeal.” Likewise, Rep. Rodriguez asked that the different Congresses of 1956, 1966, 1967 and the 13th Congress be included under the same heading where a resolution was first passed calling for the convening of a con-stituent assembly before amendments to the Constitution were considered; 4. On page 15, second paragraph, Rep. Pablo P. Garcia stated that the phrase “political condemnations” be changed to POLITI-CAL MOTIVATIONS; 5. On page 3, second paragraph, under the heading “Appeal of Rep. Hontiveros,” she asked that the phrase THE REPLY OF THE MAJORITY FLOOR LEADER be inserted so that the paragraph would read as follows: With the permission of the Chair and in response to THE REPLY OF THE MAJORITY FLOOR LEADER to her query the previous day …”; and 6. On page 9, Rep. Daza asked that his name be included in the second roll call since he was at the Session Hall during that time. Thereafter, the Chair asked the Secretariat to reflect all the corrections made on the Journal of the previous session. MOTION OF REP. DEFENSOR (A.) Rep. Defensor moved that the Body proceed to the Reference of Business. Before the Body could act on the motion, the Chair recognized Rep. Cerilles for a parliamentary inquiry. PARLIAMENTARY INQUIRY OF REP. CERILLES Rep. Cerilles inquired as to what happened to House Bill No. 6054, authored by Rep. Garcia (P.), regarding the conduct of election on May 10, 2010. SUSPENSION OF SESSION On motion of Rep. Defensor (A.), the Chair suspended the session at 6:39 p.m. RESUMPTION OF SESSION At 6:39 p.m., the session was resumed. PARLIAMENTARY INQUIRY OF REP. CERILLES (Continuation) In reply to Rep. Cerilles’ inquiry, Rep. Defensor (A.) stated that House Bill No. 6054 is in the Unfinished Business. Rep. Cerilles referred to the day’s issue of the Daily Tribune entitled: “Coming Soon: Failure of Elections” wherein the author said that it is impossible for the Commission on Elections (Comelec) to conduct full automation for 2010 elections, this as he recalled that House Bill No. 6054 contains safeguards aside from the fact that it has mentioned existing laws. Rep. Defensor (A.) assured that the matter will be taken up with the leadership and will be accorded priority. Rep. Cerilles stressed that he took the floor to remind the Body that in the event of a failure of elections in 2010, then it would be on record that he had raised a warning. APPROVAL OF THE JOURNAL Thereupon on motion of Rep. Defensor (A.), there being no objection, the Body approved the Journal of the previous session dated April 21, 2009, as corrected. REFERENCE OF BUSINESS On motion of Rep. Defensor (A.), there being no objection, the Body proceeded to the Reference of Business. Upon direction of the Chair, the Secretary General read on First Reading the titles of the following Bills and Resolutions, including the Committee Report which where referred to the appropriate Committees hereunder indicated: BILLS ON FIRST READING House Bill No. 6212, entitled: “AN ACT PROVIDING FOR THE RESET-TLEMENT, AID AND REHABILITA-TION SERVICES FOR THE UNDER-PRIVILEGED AND HOMELESS CITI-ZENS AFFECTED BY THE DEMOLI-TION OF HOUSES/DWELLINGS ALONG DANGER AREAS AS WELL AS THE VICTIMS OF DISASTERS AND CALAMITIES AND THOSE AFFECTED BY GOVERNMENT INFRASTRUC-TURE PROJECTS IN URBAN AREAS AND FOR OTHER PURPOSES” By Representative Bonoan-David TO THE COMMITTEE ON HOUSING AND URBAN DEVELOPMENT House Bill No. 6213, entitled: “AN ACT AMENDING REPUBLIC ACT NO. 9490, OTHERWISE KNOWN AS THE 'AURORA SPECIAL ECONOMIC ZONE ACT OF 2007' ” By Representative Angara TO THE COMMITTEE ON ECONOMIC AF-FAIRS, THE COMMITTEE ON TRADE AND INDUSTRY, THE COMMITTEE ON WAYS AND MEANS AND THE COMMITTEE ON APPROPRIATIONS House Bill No. 6214, entitled: “AN ACT PROVIDING FOR A PROACTIVE APPROACH IN RECYCLING USED PLASTIC BAGS BY STORES AND OTHER RETAIL OUTLETS” By Representative Bonoan-David TO THE COMMITTEE ON ECOLOGY House Bill No. 6215, entitled: “AN ACT ESTABLISHING A SPECIAL ECONOMIC ZONE AND FREE PORT IN THE PROVINCE OF ILOILO” By Representative Santiago (N.) TO THE COMMITTEE ON ECONOMIC AF-FAIRS, THE COMMITTEE ON TRADE AND INDUSTRY, THE COMMITTEE ON WAYS AND MEANS AND THE COMMITTEE ON APPROPRIATIONS House Bill No. 6216, entitled: “AN ACT PROVIDING FOR THE REHA-BILITATION AND EXPANSION OF THE TUBALAN PORT IN BARANGAY TUBALAN, MUNICIPALITY OF MALITA, PROVINCE OF DAVAO DEL SUR AND APPROPRIATING FUNDS THEREFOR” By Representative Bautista TO THE COMMITTEE ON PUBLIC WORKS AND HIGHWAYS AND THE COMMIT-TEE ON APPROPRIATIONS RESOLUTIONS House Resolution No. 1096, entitled: “A RESOLUTION TO CONDUCT AN IN-QUIRY IN AID OF LEGISLATION INTO THE CONDUCT OF THE POLICE IN THE HANDLING OF THE INVESTIGA-TION OF THE CIRCUMSTANCES SURROUNDING THE DEATH OF MRS. TRINIDAD ARTECHE ETONG, WIFE OF BROADCASTER/JOURNALIST TED FAILON, LAST 16 APRIL 2009” By Representative Hontiveros TO THE COMMITTEE ON RULES House Resolution No. 1097, entitled: “RESOLUTION CALLING FOR THE CON-DUCT OF A CONGRESSIONAL IN-QUIRY IN AID OF LEGISLATION TO DETERMINE IRREGULARITIES DUR-ING THE ELECTRONICS ENGINEER-ING LICENSURE EXAMINATION HELD ON MARCH 28-29, 2009” By Representative Hontiveros TO THE COMMITTEE ON RULES House Resolution No. 1098, entitled: “RESOLUTION TO INVESTIGATE, IN AID OF LEGISLATION, THE ALLEGED ABUSE OF AUTHORITY OF, AND IN-TERFERENCE BY, THE NATIONAL ELECTRIFICATION ADMINISTRA-TION ON ELECTRIC COOPERATIVES REGISTERED WITH THE COOPERA-TIVE DEVELOPMENT AUTHORITY, WHICH ARE ALREADY OUTSIDE OF ITS JURISDICTION” By Representative Magsaysay TO THE COMMITTEE ON RULES House Resolution No. 1100, entitled: “RESOLUTION EXPRESSING THE SENSE OF THE HOUSE OF REPRESENTA-TIVES ON THE LEGISLATIVE INTENT OF REPUBLIC ACT NO. 9286, SPE-CIFICALLY SECTION 2 THEREOF, ON THE DETERMINATION OF COMPEN-SATION OF LOCAL WATER DISTRICT GENERAL MANAGERS” By Representative Gonzales (N.) TO THE COMMITTEE ON PUBLIC WORKS AND HIGHWAYS House Resolution No. 1101, entitled: “A RESOLUTION EXPRESSING THE HOUSE OF REPRESENTATIVES PRO-FOUND CONDOLENCES TO THE FAM-ILY OF NEWS ANCHOR AND FORMER REPRESENTATIVE OF FIRST DIS-TRICT OF LEYTE PROVINCE MARIO TEODORO 'TED FAILON' ETONG FOR THE DEMISE OF HIS WIFE, TRINIDAD ETONG” By Representative Mariano TO THE COMMITTEE ON RULES House Resolution No. 1102, entitled: “RESOLUTION COMMENDING NONITO 'THE FILIPINO FLASH' DONAIRE, JR. FOR DEFENDING HIS TITLE AND BRIAN 'THE HAWAIIAN PUNCH' VILORIA FOR CLAIMING THE IBF LIGHT-FLYWEIGHT CROWN DURING THEIR LATEST MATCHES DUBBED AS 'THE FLASH AND THE FURIOUS' AT THE ARANETA COLISEUM” By Representative Puentevella TO THE COMMITTEE ON RULES House Resolution No. 1103, entitled: “RESOLUTION CALLING FOR THE HOLD-ING OF A REFERENDUM SIMULTA-NEOUSLY WITH THE MIDTERM MAY 2010 ELECTIONS, IN ORDER TO SECURE A CLEAR PEOPLE'S MAN-DATE ON THE NEED TO AMEND THE 1987 PHILIPPINE CONSTITUTION” By Representatives Teves, Arnaiz and Lim-kaichong TO THE COMMITTEE ON SUFFRAGE AND ELECTORAL REFORMS House Resolution No. 1104, entitled: “RESOLUTION EXPRESSING THE PRO-FOUND CONDOLENCE OF THE HOUSE OF REPRESENTATIVES ON THE DEMISE OF UNDERSECRETARY MARILOU D. FROSTROM, HEAD OF THE OFFICE OF REGIONAL CON-CERNS OF THE PRESIDENTIAL MAN-AGEMENT STAFF” By Representative Angping TO THE COMMITTEE ON RULES House Resolution No. 1105, entitled: “RESOLUTION EXPRESSING THE DEEP SORROW AND PROFOUND CONDO-LENCE OF THE HOUSE OF REPRE-SENTATIVES ON THE DEMISE OF PRESS UNDERSECRETARY JOSE CA-PADOCIA, JR., UNDERSECRETARY MARILOU FROSTROM, ASSISTANT DIRECTOR OF THE PRESIDENTIAL MANAGEMENT STAFF PERLITA BANDAYANON, BRIGADIER GEN-ERAL CARLOS CLET, PHILIPPINE AIR FORCE PILOTS MAJOR RONALDO SACATANI AND CAPTAIN ALVIN ALEGATA, NAVY PO3 DEMILYN REYNO AND S/SGT ROE GEM PEREZ” By Representative Angping TO THE COMMITTEE ON RULES House Resolution No. 1106, entitled: “RESOLUTION DIRECTING THE HOUSE COMMITTEE ON TRANSPORTATION TO CONDUCT AN INQUIRY IN AID OF LEGISLATION TO REVIEW THE MEMORANDUM OF AGREEMENT ENTERED INTO BETWEEN THE LAND TRANSPORTATION FRANCHISING AND REGULATORY BOARD (LTFRB) AND THE PHILIPPINE ACCIDENT MANAGERS INC. (PAMI) AND UNI-VERSAL TRANSPORT SOLUTION INC. (UNITRANS) FOR THE PASSENGER PERSONAL ACCIDENT INSURANCE PROGRAM” By Representative Madrona TO THE COMMITTEE ON RULES House Resolution No. 1107, entitled: “RESOLUTION DIRECTING THE COM-MITTEE ON HOUSING AND URBAN DEVELOPMENT TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE COMPLAINTS OF COM-MUNITY MORTGAGE PROGRAM ORIGINATORS REGARDING THE IM-PLEMENTATION BY THE SOCIAL HOUSING FINANCE CORPORATION OF ITS CORPORATE CIRCULAR NO. CMP – 08-006, SERIES OF 2008 RE: POLICY GUIDELINES STRENGTHEN-ING THE IMPLEMENTATION OF THE COMMUNITY MORTGAGE PRO-GRAM” By Representatives Valencia and Nograles TO THE COMMITTEE ON RULES House Resolution No. 1108, entitled: “RESOLUTION DIRECTING THE COM-MITTEE ON HOUSING AND URBAN DEVELOPMENT TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE COMPLIANCE BY THE BALIKATAN HOUSING FINANCE, INC. ON THE RECOMMENDATIONS MADE IN COMMITTEE REPORT NO. 1500 ON HOUSE RESOLUTION NO. 604 RE: DIRECTING THE COMMITTEE ON HOUSING AND URBAN DEVELOP-MENT OF THE HOUSE OF REPRESEN-TATIVES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE FORECLOSURE OF LOW-COST HOUS-ING UNITS THAT ARE NOW OWNED BY BALIKATAN HOUSING FINANCE, INC.” By Representatives Valencia and Nograles TO THE COMMITTEE ON RULES House Resolution No. 1109, entitled: “A RESOLUTION CALLING UPON THE MEMBERS OF CONGRESS TO CON-VENE FOR THE PURPOSE OF CON-SIDERING PROPOSALS TO AMEND OR REVISE THE CONSTITUTION, UPON A VOTE OF THREEFOURTHS OF ALL THE MEMBERS OF CON-GRESS” By Representatives Nograles, Defensor (A.), Villarosa, Ortega, Datumanong, Salimban-gon, Del Mar, Gullas, Daza, Pablo, Defen-sor (M.), Salvacion, Matugas, Syjuco, Jala, Nicolas, Romualdo, Ramiro, Magsaysay, Emano, Garcia (A.), Remulla, Agbayani, De Guzman, Cua (J.), Apostol, Villafuerte, Romualdez, Alfelor, Diaz, Pancho, Cer-illes, Susano, Dayanghirang, Angping, Sandoval, Pancrudo, Chatto, Gatlabayan, Estrella (R.), Bravo, Barzaga, Valencia, Diasnes, Lapus, Seares-Luna, Bondoc, Roxas, Lagdameo, Sy-Alvarado, Hofer, Bonoan-David, Dueñas, Marañon, Go, Chong, Uy (E.), Arago, Puno, Coquilla, Macapagal-Arroyo, Robes, Arroyo (D.), Lim, Castelo-Daza, Bagatsing, Santiago (J.), Rodriguez-Zaldarriaga, Gonzales (A.), Gunigundo, Kho, Enverga, Lazatin, Ong, Antonino, Zamora (M.), Garin, Malapitan, Briones, Cajayon, Singson (R.), Romulo, Solis, Reyes (V.), San Luis, Ferrer, Arroyo (I.), Albano, Aquino, Jaafar, Cagas, Amante, Mendoza, Romarate, Belmonte, Ecleo, Pichay, Balindong, Uy (R. A.), Mercado, Labadlabad, Codilla, Miraflores, Bautista, Yap, Garay, Dumpit, Vargas, Al-varez (A.), Alvarez (G.), Suarez, Cari, Silverio, Gonzalez, Roman, Cajes, Tupas, Gatchalian, Reyes (C.), Duavit, Dimaporo, Agyao, Uy (R.S.), Bulut, Ungab, Celeste, Nava, Ablan, Biron, Domogan, Yu, Dangwa, Teves, Mamba, Crisologo, Chun-galao, Almario, Ermita-Buhain, Clarete, Ja-losjos-Carreon, Santiago (N.), Garcia (V.), Violago, Jikiri, Teodoro, Mangudadatu, Lacson, Garcia (P.), Taliño-Mendoza, Du-marpa, Garcia (P.J.), Amatong, Singson (E.), Abante, Seachon-Lanete, Castro, Zial-cita, Arbison, Tan, Jalosjos, Olaño, Bichara, Arenas, Cuenco, Lopez (J.), Mad-rona, Prieto-Teodoro, Piñol, Valdez, Du-rano, Estrella, Soon-Ruiz and Cojuangco TO THE COMMITTEE ON RULES ADDITIONAL COAUTHORS With the permission of the Body, the following Members were made coauthors of the Bills and Resolution hereunder indicated: Rep. Ma. Theresa B. Bonoan-David for House Bills No. 1212, 1214 and 5082; Rep. Paul Ruiz Daza for House Bill No. 1772; Rep. Ma. Amelita C. Villarosa for House Bills No. 2677 and 6035; Rep. Henry M. Dueñas Jr. for House Bills No. 5843 and 5860; Rep. Narciso D. Santiago III for House Bills No. 5853, 5854 and 5860; Rep. Carmelo F. Lazatin for House Bills No. 5853, 5911 and 6073; Rep. Anna York P. Bondoc for House Bills No. 6122 and 6210; Rep. Leonila V. Chavez for House Bill No. 6182; and Rep. Pedro “Loloy” P. Romualdo for House Resolution No. 948. COMMITTEE REPORT Report by the Committee on Oversight (Committee Report No. 1942), re: “ITS INQUIRY ON THE POSSIBILITY OF CHARGING A FIVE-CENTAVO REGU-LATORY FEE TO DIGITALLY CON-NECT THE NATIONAL TELECOMMU-NICATIONS COMMISSION, COMMIS-SION ON INFORMATION AND COM-MUNICATIONS TECHNOLOGY, BU-REAU OF INTERNAL REVENUE AND TELECOMMUNICATIONS COMPA-NIES THROUGH THE INSTALLATION OF AN ELECTRONIC 'METERING' DE-VICE IN ORDER TO CAPTURE ALL REVENUE STREAMS FROM THE IN-DUSTRY AND GENERATE CORRECT REVENUES IN LINE WITH THE BAL-ANCING THE BUDGET AGENDA OF PRESIDENT GLORIA MACAPAGAL-ARROYO AND THE COMPUTERIZA-TION OF ALL PUBLIC SCHOOLS” Informing the House of its Findings and Rec-ommendations Sponsors: Representatives Suarez, Vinzons-Chato, Magsaysay and Romualdo TO THE COMMITTEE ON RULES Thereafter, the Chair recognized Rep. Hermilando I. Mandanas for his parliamentary inquiry. PARLIAMENTARY INQUIRY OF REP. MANDANAS Rep. Mandanas inquired whether upon approval by the House of House Resolution No. 737, it would be brought to the Senate for its approval. Rep. Defensor (A.) clarified that in accordance with the Rules of the House, House Resolution No. 737 will be transmitted to the Senate for consideration. On the matter of whether there would be a justiciable controversy with regard to said Resolution is a matter that can be fully appreciated by the legal experts, Rep. Defensor (A.) clarified. He added that lawyers are strongly divided on the issue as to when is the appropriate time for them to consider a justiciable controversy for the Supreme Court to give it due course. Rep. Mandanas expressed concern on the process rather than the actual legality, this as he asked whether any Member of the House can present a resolution amending the Comelec “Charter Change" or parliamentary system instead of the present system, which is not legal but more of in accordance with the Rules. At this point, Rep. Liza Largoza Maza sought recognition on a parliamentary inquiry. PARLIAMENTARY INQUIRY OF REP. MAZA Rep. Maza noted that majority of the authors of House Resolution No. 1109 are also the authors of House Resolution No. 737 and inquired whether it is in order for a Member to propose two different resolutions on the same subject matter. Given that these two resolutions are talking about different modes, she opined that the proper action of this Body, as what they have always been doing in practice, would be to reconcile these two different resolutions on the same subject matter in the Committee on Constitutional Amendments. Saying that House Resolution No. 737 was already on the floor for debate, Rep. Defensor pointed out that the other resolution was not related to the former and still had to be included by the Committee on Rules in the Order of Business and that the Chamber did not yet know what the Committee on Constitutional Amendments would do about the measure. Rep. Maza opined that the House was not united in the manner of amending the Constitution and that the process being offered at the moment was absurd. REMARKS OF REP. VILLAFUERTE Recognized by the Chair and then reacting to Rep. Mandanas’ previous query, Rep. Villafuerte cited a 2006 Supreme Court decision stating that the powers provided under Article XVII of the Constitution were called constituent powers. If Congress thus acts under said provision, he concluded, it acts not as a legislature exercising legislative powers but as a constituent body exercising constituent powers. As regards Rep. Maza’s comments, he stressed that forum shopping did not apply in the judicial proceedings. ACKNOWLEDGMENT OF GUESTS At this point, Rep. Del R. De Guzman acknowledged the guests of Reps. Ferdinand Martin G. Romualdez, Paul Ruiz Daza, Emil L. Ong, Luis R. Villafuerte, Carol Jayne B. Lopez, Erwin L. Chiongbian, Rufus B. Rodriguez, Rolando “Klarex” A. Uy, Rene M. Velarde, Irwin C. Tieng, Ma. Carissa O. Coscolluela, Roilo S. Golez, Yevgeny Vincente B. Emano, Emmylou “Lala” J. Taliño-Mendoza and Diosdado Macapagal Arroyo. UNFINISHED BUSINESS: COMMITTEE REPORT NO. 1762 ON HOUSE RESOLUTION NO. 737 On motion of Rep. De Guzman, there being no objection, the Body resumed the consideration of House Resolution No. 737, as embodied in Committee Report No. 1762 and submitted by the Committee on Constitutional Amendments. Upon direction of the Chair, the Secretary General read the title of the Resolution, to wit: “RESOLUTION PROPOSING AMEND-MENTS TO SECTIONS 2 AND 3, ARTICLE XII OF THE CONSTITUTION TO ALLOW THE ACQUISITION BY FOREIGN CORPORATIONS AND ASSOCIATIONS, AND THE TRANSFER OR CONVEYANCE THERETO, OF ALIENABLE PUBLIC LANDS AND PRIVATE LANDS.” MOTION OF REP. VILLAFUERTE Upon recognition by the Chair, Rep. Villafuerte moved to suspend the consideration of House Resolution No. 737 until after reconciling conflicting provisions with House Resolution No. 1109. OBJECTION OF REP. DEFENSOR (A.) Rep. Defensor objected to the motion. DIVISION OF THE HOUSE On motion of Rep. Villafuerte, there being no objection, the Chair called for a viva voce voting on the motion to suspend the consideration of House Resolution No. 737; and with majority voting against it, the same was lost. POINT OF ORDER OF REP. CASIÑO Upon recognition by the Chair, Rep. Teodoro A. Casiño asked the Majority Leader not to shout on the microphone during voting because it influenced the impression that the ayes had it even if it did not. QUESTION OF QUORUM Upon recognition by the Chair, Rep. Guingona subsequently questioned the quorum. ROLL CALL On motion of Rep. Defensor (A.) and upon the Chair’s direction, the Secretary General called the Roll and the following Members were present: Abaya Alfelor Angara Angping Apostol Aquino Arnaiz Balindong Barzaga Biron Bondoc Bonoan-David Cajes Cari Cerilles Chatto Chipeco Coquilla Coscolluela Crisologo Cruz-Gonzales De Guzman De Venecia Defensor (A.) Del Mar Duavit Dueñas Dumarpa Emano Enverga Ermita-Buhain Escudero Estrella (R.) Fua Garcia (A.) Garcia (P.) Garin Gatchalian Gatlabayan Golez Gonzalez Guingona Gunigundo Hofer Hontiveros Ilagan Jaafar Jikiri Joson Labadlabad Lagdameo Lagman Lopez (C.) Lopez (J.) Madrona Mandanas Mariano Maza Mercado Miraflores Mitra Nava Nicolas Noel Olaño Ong Ortega Padilla Pancrudo Piamonte Pingoy Piñol Puno Remulla Robes Roman Romualdez Romualdo Romulo Salimbangon Salvacion San Luis Seares-Luna Sy-Alvarado Taliño-Mendoza Tañada Tupas Uy (R.A.) Valdez Velarde Villafuerte Villanueva Vinzons-Chato Yap Yu Zamora (R.) With 96 Members responding to the Call, the Chair declared the absence of a quorum. ADJOURNMENT OF SESSION In view of the absence of a quorum, the Chair motu proprio declared the session adjourned until four o’clock in the afternoon of Monday, April 27, 2009. It was 7:28 p.m. I hereby certify to the correctness of the foregoing. (Sgd.) ATTY. MARILYN B. BARUA-YAP Secretary General Approved on April 27, 2009. DOCUMENTS DISTRIBUTED Printed copies of the following documents were distributed to the Members during the session: 1. House Bill No. 2096, entitled: “AN ACT DECLARING THE AGRO-LIVESTOCK AND ECOTOURISM PARK LOCATED IN BARANGAY CULASIAN, MUNICIPALITY OF TITAY, PROVINCE OF ZAMBOANGA SIBU-GAY AS AN ECOTOURISM SPOT AND APPROPRIATING FUNDS THEREFOR” 2. House Bill No. 2982, entitled: “AN ACT DECLARING LAKE PINA-MALOY IN THE MUNICIPALITY OF DON CARLOS IN THE PROVINCE OF BUKIDNON AS A TOURIST ZONE AND APPROPRIATING FUNDS THEREFOR” 3. House Bill No. 6043, entitled: “AN ACT SEPARATING THE CALAPE NATIONAL HIGH SCHOOL – CAR-NAZA ANNEX IN BARANGAY CARNAZA, MUNICIPALITY OF DAAN-BANTAYAN, PROVINCE OF CEBU FROM THE CALAPE NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDEPENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS CARNAZA NATIONAL HIGH SCHOOL AND APPROPRIATING FUNDS THEREFOR” 4. House Bill No. 6044, entitled: “AN ACT SEPARATING THE CALAPE NATIONAL HIGH SCHOOL – PAYPAY ANNEX IN BARANGAY PAYPAY, MUNICIPALITY OF DAANBANTA-YAN, PROVINCE OF CEBU FROM THE CALAPE NATIONAL HIGH SCHOOL, CONVERTING IT INTO AN INDE-PENDENT NATIONAL HIGH SCHOOL TO BE KNOWN AS PAYPAY NA-TIONAL HIGH SCHOOL AND APPRO-PRIATING FUNDS THEREFOR” 5. House Bill No. 6045, entitled: “AN ACT ESTABLISHING A NATIONAL HIGH SCHOOL IN BARANGAY LO-CUBAN, MUNICIPALITY OF DUMA-LINAO, PROVINCE OF ZAMBOANGA DEL SUR TO BE KNOWN AS LOCU BAN NATIONAL HIGH SCHOOL AND AP-PROPRIATING FUNDS THEREFOR” 6. House Bill No. 6047, entitled: “AN ACT CHANGING THE NAME OF BONTOC NATIONAL HIGH SCHOOL IN BARANGAY SAN RAMON, MU-NICIPALITY OF BONTOC, PROVINCE OF SOUTHERN LEYTE TO BONTOC NATIONAL AGROFISHERIES TECH-NICAL SCHOOL”