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”