Resolutions

SRN-260: Deportation of Foreign Nationals who Attended or Participate in Political Rallies

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, INTO THE PROPER PROCEDURE OF DEPORTATION OF FOREIGN NATIONALS WHO ATTEND OR PARTICIPATE IN POLITICAL RALLIES IN. ORDER TO PROTECT THE RIGHT OF FOREIGNERS TO FREEDOM OF EXPRESSION

Whereas, based on international law, sovereign states shall recognize the application of basic human rights within their jurisdiction. However, international law does not impose a duty upon the states to liberally allow immigrants within their territories without any limitations. As sovereign states, nations have the right to decide who will be allowed to enter their territory or remain in the country and under what conditions;

Whereas, the Bureau of Immigration (BI) warned foreign tourist visa holders against joining rallies and other mass actions. In its official statement, the BI reiterated that tourist visa holders taking part in these rallies may face deportation for violating Philippine immigration laws. The BI further stated that foreigners have no business joining these rallies, as it is an act violating the conditions of their stay as tourists;

Whereas, under Commonwealth Act No. 613 otherwise known as “The Philippine Immigration Law of 1940”, any alien who believes in, advises, advocates or teaches the overthrow by force and violence of the Government of the Philippines, or of constituted law and authority or who disbelieves in or is opposed to organized government shall be arrested upon the warrant of arrest of the Commissioner of Immigration and deported upon the warrant of the Commissioner of Immigration after a determination by the Board of Commissioners of the existence of the ground for deportation as charged against the alien

Whereas, immigration officials detained a Canadian student who had been placed on the BI watch list for joining the protest during the State of the Nation Address (SONA) of the President of the Philippines. Said student was allowed to leave after the Bureau issued a voluntary deportation and release order. Meanwhile, another Dutch national activist who also participated in a SONA rally was also arrested by immigration officers at the international airport in Manila and was later on detained by the BI. He was asked to get a clearance from the National Bureau of Investigation (NBI) before he can leave the country;

Whereas, there is a need to review the procedure on the deportation of foreign nationals in order to’ protect the basic universai human right of freedom of speech and expression, and of the constitutional right of the people to peaceably assemble and petition the Government for redress of grievances, while balancing the right of the State to protect its own sovereignty and national interest.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, into the proper procedure of deportation of foreign nationals who attend or participate in political rallies in order to protect the right of foreigners to freedom of expression.

 

 

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SRN-266: Land Currently Occupied by the Philippine Children Medical Center

RESOLUTION EXPRESSING THE SENSE OF THE SENATE URGING THE APPROPRIATE AGENCIES TO WORK COLLA BORA TlVEL Y IN THE IMMEDIATE RESOLUTION OF THE ISSUE OF OWNERSHIP OF THE LAND CURRENTL Y OCCUPIED BY THE PHILIPPINE CHILDREN MEDICAL CENTER WITH THE END VIEW OF PROTECTING THE BASIC RIGHT OF CHILDREN TO HEALTH SERVICES

Whereas, under Presidential Decree No. 1631, it is the duty of the Government to assist and provide material and financial support in the establishment and maintenance of a “Lungsod ng Kab<itaan”, primarily to benefit the children of the Philippines, and to further enhance the research in pediatric diseases, training of medical and technical personnel, and specialized medical services for the prevention and treatment of children’s diseases. The “Lungsod ng Kabataan” was later on renamed to Philippine Children Medical Center (PCMC) in 1986;

Whereas, PCMC has been facing a long-standing issue regarding ownership of the lots it has been occupying since 1980. The land titles of these still remain with the National Housing Authority (NHA). Based on news reports, NHA is asking for Php 1.1 Billion from the PCMC to purchase the lot it has been standing on for more than thirty (30) years now. Further, NHA said that they are raising funds for the relocation of informal settlers. The NHA has already been selling the hospital’s lots by piecemeal to other government agencies. PCMC is using the remaining 3.4 hectares;

Whereas, as early as in the 1980’5, the PCMC had pleaded the national government to either donate or finance the lot on which it is presently occupying in order that PCMC will be the registered owner of the land and the improvements thereon. Past administrations had issued presidential proclamations to effect transfer of ownership of lands through donation, just in the case of the Office of the Ombudsman and the Court of Tax Appeals. These lands form portion of the 6.3 hectare of land occupied by the PCMC;

Whereas, there is a need to immediately resolve the issue of ownership of the land which PCMC presently occupies. The PCMC indeed plays a crucial role in providing health services to its special pediatric patients. It caters to an estimate of 60,000 patients annually. The specialized training that the PCMC gives doctors and other medical professional in pediatric medicine ultimately benefits the entire country;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved it is the sense of the Senate of the Philippines to urge the appropriate agencies to work collaboratively in the immediate resolution of the issue of ownership of the land currently occupied by the Philippine Children Medical Center with the end view of protecting the basic right of children to health services.

 

 

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SRN-371: Local Water Districts

RESOLUTION DIRECTING THE APPROPRIA TE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE IMPLEMENTATION OF LOCAL WATER DISTRICTS OF THEIR PROJECTS AND THE PARTICIPATION OF THE LOCAL WATER UTILITIES ADMINISTRATION IN THE WATER SUPPLY PROVISION IN THE COUNTRYSIDE TO PROTECT CONSUMERS, WITH THE END VIEW OF AMENDING PROVISIONS OF PRESIDENTIAL DECREE NO, 198 AND OTHER PERTINENT LAWS

Whereas, under Presidential Decree (PO) No. 198, one ofthe prerequisites to the orderly and well-balanced growth of urban areas is an effective system of local utilities, the absence of which is recognized as a deterrent to economic growth, a hazard to public health and an irritant to the spirit and well being of the citizenry. Domestic water system and sanitary sewers are two of the most basic and essential elements of local utility systems, thus, creating the Local Water Utilities Administration (LWUA) in the national level and also establishing of water districts in provinces, cities and municipalities;

Whereas, it is further stated under the Provincial Water Utilities Act of 1973, the creation, operation, maintenance and expansion of reliable and economically viable and sound water supply and wastewater disposal systems for population centers of the Philippines is hereby declared to be an objective of national policy of high priority. For purposes of achieving said objectives, the formulation and operation of independent, locally controlled public water district is found and declared to be the most feasible and favored institutional structure;

Whereas, Chapter VI of PO No. 198 provides that the Administration may make loans from its Revolving Loan Funds to qualified local water utilities upon the fulfillment of the qualifications set by law. In line with this, LWUA is also authorized to monitor the performance of the water districts based on the system set by the Administration. LWUA is also mandated to provide management advisory, technical assistance and personnel training in order to fulfill its role of providing a supervised credit scheme. The Administration may also require reports, conduct investigations and review all available information to determine the compliance of the water districts;

Whereas, the LWUA has provided financial assistance and loans in favor of local water districts for the construction and improvement of its service to provide safe and potable water to the public. However, said LWUA financial assistance and loans granted to local water districts are passed on to consumers and the general public as additional water rates;

Whereas, there is a need to inquire into the loans given by LWUA to a number of local water districts, like the Bacolod City Water District (BACIWA) which was granted a loan by the LWUA in the amount of Five Hundred Thirty Seven Million Pesos (Php 537,000,000.00). There were reports that it was haphazardly implemented to the detriment of the consuming public;

Whereas, there is a need to revisit the provisions of existing laws as well as rules and regulations creating the local water district in order to protect the consumers for paying a higher amount for services not being efficiently rendered by the said districts;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to cpnduct an inquiry, in aid of legislation, on the implementation of local water districts of their projects and the participation of the local water utilities administration in the water supply provision in the countryside to protect consumers, with the end view of amending provisions of Presidential Decree No. 198 and other pertinent laws.

 

 

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SRN-573: Bus Companies to Provide Financial Assistance to the Victims of Road Accidents

A RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE FAILURE OF THE BUS COMPANIES TO PROVIDE FINANCIAL ASSISTANCE TO THE VICTIMS OF ROAD ACCIDENTS CAUSED BY THE NEGLIGENCE OF THE BUS DRIVERS/OPERATORS WITH THE END VIEW OF REVIEWING THE PROVISIONS OF THE CIVIL CODE OF THE PHILIPPINES, TRANSPORTATION LAW AND OTHER PERTINENT LAWS

Whereas, under Article 1733 of the Civil Code of the Philippines, it provides that common carriers, from the nature of their business and for reasons of public policy, are bound to observe extraordinary diligence in the vigilance over the goods and for the safety of the passengers transported by them, according to all the circumstances of each case;

Whereas, though a common carrier is not an absolute insurer of all risks of travel, the bus companies should be able to render their services with the greatest skill and utmost foresight since they are duty bound to safely transport their passengers to their destinations, In the event they cause injury to their passengers or worse, cause their untimely death, common carriers are presumed to have been at fault or to have acted negligently, unless they prove that they observed extraordinary diligence, Further, the families of the victims are entitled to damages in accordance with Article 2206 of the Civil Code on the death of a passenger caused by the breach of contract by a common carrier;

Whereas, based on news reports, the families of the victims of the Florida bus accident last 07 February 2014 in Bontoc, Mountain Province, were contemplating on filing a class lawsuit against the owners ofthe bus company. It was further reported that the Land Transportation Franchising and Regulatory Board (LTFRB), together with the Insurance Commission, were able to convince the owners of G.V. Florida Transport to shell out money for the fatalities, lTFRB chairman Winston Ginez said each family of the lS fatalities will receive P1S0,000 in insurance benefits-Pl00,000 from G’v. Florida Transport, Inc. and PSO,OOO from an insurance consortium;

Whereas, in a separate report conducted by the LTFRB on the most dangerous and accident-prone bus companies, it shows that Don Mariano has been involved in several road accidents in recent years. In 2011, it was involved in three accidents result.ing in two injuries and damage to properties. Last July 2012, a Don Mariano bus almost fell off the EDSA flyover in Ortigas, which damaged part of the rails and hurt eight passengers. Admiral Transport was involved in two accidents in 2010, one resulted in a death and the other caused physical injuries. Several bus companies were also included in the report; ·

Whereas, the erring bus companies continue to renege their obligation to provide financial assistance to the victims of the road mishaps caused by the negligence of the bus owners/drivers. While some of the bus companies offer assistance to the victims, the amounts given fall short of what has been lost, that is the precious lives of the victims. While they might experience heavy financial burden on the payment of these obligations, the rule of law must still prevail. The safety of their passengers is the paramount consideration. Failure to adhere to that higher duty of care constitutes negligence and thus, they should be held liable for the death of its passengers, and the injuries caused by such road accidents;

Whereas, existing Philippine laws impose duties and liabilities upon the common carriers for the safety of its passengers. The government should be alarmed at the increasing number of bus accidents in the country and the failure of these operators to provide the adequate financial assistance to the victims. Despite the provisions of the Civil Code and other pertinent laws, the bus operators/owners still manifest their unwillingness to attend to the financial needs of the victims despite repeated demands;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an investigation, on the failure of the bus companies to provide financial assistance to the victims of road accidents caused by the negligence of the bus drivers/operators, with the end view of reviewing the provisions ofthe Civil Code ofthe Philippines, Transportation Law and other pertinent laws.

 

 

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SRN-1354: Earthquake and Disaster Preparedness in Metro Manila

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE EARTHQUAKE AND DISASTER PREPAREDNESS IN GREATER METRO MANILA IN ORDER TO ENSURE THE SAFETY AND DISASTER RESILIENCE OF LOCAL COMMUNITIES

WHEREAS, Republic Act No. 10121, otherwise known as the “Philippine Disaster Risk Reduction and Management Act of 2010”, provides for the development of a National Disaster Risk Reduction and Management (NDRRM) Framework to guide the development of a NDRRM Plan. To this end, there is a need for a comprehensive, all-hazards, multi-sectoral, inter-agency and community-based approach to disaster risk reduction and management;

WHEREAS, the 2014 World Risk Report of the UN University’s Institute for Environment and Human Security (UNU-EHS) ranked the Philippines as second to the highest in terms of risk of exposure to natural hazards among 171 countries. Another study published by risk analysis firm Verisk Maplecroft in March 2015 ranked the nation’s capital, Metro Manila, as fourth in terms of risk exposure among 1,300 cities worldwide;

WHEREAS, the Greater Metro Manila Area (GMMA) is particularly vulnerable to earthquakes because of the presence of a Valley Fault System composed of a 10-kilometer East Valley Fault in Rizal and a 100-kilometer West Valley Fault that runs through different cities and municipalities of Bulacan, Rizal, Metro Manila, Cavite and Laguna;

WHEREAS, the Metropolitan Manila Earthquake Impact Reduction Study was undertaken in 2004 to develop a master plan and strategies to minimize the impact of an earthquake in Metro Manila. According to the MMEIRS findings, a potential rupture of the 90-kilometer West Valley Fault would lead to heavy or partial damage to 40% of all residential buildings, 34,000 deaths, and 114,000 injuries. Fire caused by the earthquake would cause an additional 18,000 deaths. Among public buildings, schools will suffer the most damage, followed by hospitals and fire stations;

WHEREAS, the West Valley Fault has moved four times in the past 1,400 years at an interval of 400 to 600 years. The last big earthquake took place 357 years ago, in 1658. While the exact timing cannot be predicted, the Philippine Institute of Volcanology and Seismology (PHIVOLCS) recently issued statements warning against the possibility of another earthquake should the West Valley Fault move;

WHEREAS, reports regarding the devastating effects of the 7.8 and 7.3 magnitude earthquakes that recently struck Nepal. highlight the urgency for the Philippines to assess its own readiness to face earthquakes and other major disasters. More than 7,000 persons died and at least 14,000 others were injured as a result of the Nepal earthquakes, according to the country’s National Emergency Operation Centre. The research consultancy, IHS, estimated the cost of reconstruction at US$6 Billion, equivalent to 30% of Nepal’s annual economic output;

WHEREAS, a significant factor in ensuring earthquake safety is ensuring the ability of houses, buildings and all public infrastructure to withstand earthquakes even with magnitudes of 8 to 10. There is a need to audit the safety of existing and future construction projects to ensure their strict adherence to relevant and appropriate regulations, standards and guidelines, including those provided by the National Building Code, and the safety of their locations in accordance with the FVS Atlas recently published by PHIVOLCS;

WHEREAS, another important factor in earthquake and disaster preparedness is promoting public awareness regarding disaster risks and involving all citizens and communities in disaster risk reduction and preparedness efforts. Realizing the vulnerabilities of the country to natural disasters, the government should prioritize the institutionalization of systems, plans, programs and approaches at both the national and local levels to build the disaster resilience of local communities, especially in vulnerable areas in the GMMA;

WHEREAS, there is a need to assess and strengthen the capacities and preparedness of the concerned national government agencies, local government units, and partner stakeholders to mitigate and prepare for, respond to, and recover from the impact of a massive earthquake. The government, together with the private sector and non-government organizations, should be able to build the safety and disaster resilience of local communities, especially in the most vulnerable areas;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate committees to conduct an inquiry, in aid of legislation, on the earthquake and disaster preparedness in Greater Metro Manila in order to ensure the safety and disaster resilience of local communities.

 

 

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SRN-877: Commending and Honoring Filipino Un Peacekeepers in Syria-Israel Border (Golan Heights)

RESOLUTION COMMENDING AND HONORING FILIPINO UN PEACEKEEPERS IN GOLAN HEIGHTS FOR DEMONSTRA TING EXEMPLARY COURAGE AND RESOLVE IN THE RECENT STAND-OFF AGAINST SYRIAN REBELS, SUCCESSFULLY CARRYING OUT THEIR PEACE KEEPING MISSION, AND REFLECTING THE PROFESSIONALISM AND COMPETENCE OF THE ARMED FORCES OF THE PHILIPPINES

Whereas, peacekeepers from the Philippines form an integral part of the UN Disengagement Observer Force (UNDOF) Mission that has been monitoring a ceasefire agreement between Syria and Israel. The other countries contributing troops to the UNDOF Mission include Fiji, India, Ireland, Nepal and the Netherlands;

Whereas, Syrian rebels entered the UN-patrolled buffer zone between Syria and Israel, capturing forty-four (44) Fijan peacekeepers and demanding the surrender of Filipino peacekeepers occupying two UN encampments in the Golan Heights last 28 August 2014. Despite being surrounded and outnumbered by the Syrian rebels, the Filipino peacekeepers refused to surrender their arms and continued to defend their position, leading to a four-day stand-off;

Whereas, the first group of thirty-five (35) peacekeepers stationed at the UN encampment in Breiqa (Position 69) were rescued by Irish and Filipino forces on 30 August 2014. The second group of forty (40) Filipino peacekeepers remained in the second UN encampment in Rwhihan (Position 68), where they fought back against the Syrian rebel force. According to Philippine military officials, the Filipinos returned fire in self-defense after more than one hundred (100) gunmen attacked the camp’s gates and fired mortar rounds;

Whereas, after withstanding seven (7) hours under heavy fire, the Filipino peacekeepers, low on ammunition, successfully planned and implemented their escape on the night of 30 August 2014 under cover of darkness, with guidance and support from Philippine military and defense leaders, the UN Force Headquarters, and from Syrian, Israeli, US and Qatar governments. Burdened with heavy weapons and the cold weather, they walked for nearly two hours to meet up with other UN forces who escorted them to safety;

Whereas, the Filipino peacekeepers from Position 68 and 69 have now been repositioned to Camp Ziuoani behind UN lines. According to Philippine officials, the Filipino peacekeepers would remain in Golan until their mission ends in October 2014, despite the escalating Violence, in fulfillment of the Philippine’s commitment to international security and to the community of nations;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved that the Senate of the Philippines commend and honor the Filipino UN peacekeepers stationed in Golan Heights for demonstrating exemplary courage and resolve in the recent stand-off against Syrian rebels, successfully carrying out their peace keeping mission, and reflecting the professionalism and competence of the Armed Forces of the Philippines.

 

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SRN-929: Automotive Industry Development Roadmap

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE PHILIPPINE AUTOMOTIVE INDUSTRY DEVELOPMENT ROADMAP WITH THE END VIEW OF THE ALIGNMENT OF THE INDUSTRY WITH THE INFRASTRUCTURE PLANS OF THE GOVERNMENT

Whereas, the State recognizes the indispensable role of the private sector, encourages private enterprise, and provides incentives for needed investments. Through the years, the government issued executive orders and regulations to promote the growth of the automotive industry;

Whereas, on February 1996, Memorandum Order (MO) 346 mandated the liberalization of the automotive industry. Prior to the issuance of MO 346, the government liberalized the importation of all types of passenger cars, commercial vehicles, and motorcycles. On December 2002, Executive Order No. 156 took effect in order to restructure the Motor Vehicle Development Program (MVDP) and provide comprehensive industrial policy and direction to the program. The government continued to issue EOs which modified the tariff rates on motor vehicle parts and components and provided special incentives for certain exports;

Whereas, the automotive industry in the Philippines comprises an accumulated total of Php 120 billion in investments, principally in fifteen vehicle assembly plants, seven of which have the critical Electro-Deposition painting systems. Based on reports, the total nationwide capacity is two hundred thousand units per annum. Total projected sales for 2014 is expected to reach 250,000 units. However, locally assembled vehicles presently account for only 32% of the total supply.

Whereas, the Bureau of Investments (BOI), the Philippine Automotive Competitiveness Council, Inc. (PACCI) and relevant government agencies undertook steps in the formulation of the development roadmap for the industry. Aside from the strategic components needed to secure a better market share for locally manufactured vehicles, the appropriate fiscal and non-fiscal incentives should be in place to help boost the domestic market share. These incentives should have strong impact on job generation, additional output, increased incomes and tax revenues, and improved technology transfer;

Whereas, studies show that the cost competitiveness of Philippine auto parts companies is weak compared with the other countries in Asia because of the industry’s heavy reliance on imported raw materials and low productivity. The government should further develop and improve the strategic programs to reduce the cost of doing business by cutting red tape, which ultimately benefits the consumers;

Whereas, there is a need to ensure that the automotive industry road map is consistent with and integrated into other existing government policies and plans for the country. Given the growing local demand for automobiles and the worsening road conditions and congestion, there is a need to ensure that the automotive industry road map is aligned with the country’s infrastructure roadmap and encourages investments in alternative fuel vehicles. With the impending power crisis and current port congestion, the government should also improve its infrastructure plan to help firms bring down their costs;

Whereas, existing regulations on production, importation, registration and operation of vehicles should be reviewed for relevance and efficacy. More particularly, the databanks of the various agencies should have links to the BOI that would provide accurate data on the dimensioning of the market and the industry. This would help reduce smuggling and improve the roadworthiness of the vehicles plying the streets of the country.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on the Philippine Automotive Industry Development Roadmap with the end view of the alignment of the industry with the infrastructure plans of the government.

 

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SRN-1063: Disaster Preparedness and Mitigation

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE IMPACT OF THE ENHANCED INTER-AGENCY COORDINATION MECHANISMS OF THE NATIONAL GOVERNMENT AND THE PRO-ACTIVE RESPONSE OF LOCAL GOVERNMENT UNITS AND THE PRIVATE SECTOR ON DISASTER PREPAREDNESS AND MITIGATION IN THE COUNTRY

Whereas, laws have been enacted to strengthen disaster risk reduction and management in the country, such as the Philippine Risk Reduction and Management Act (Republic Act No. 10121) and the Risk Reduction and Preparedness Equipment Protection Act (RA 10344). In response to the effects of climate change, the government recognized the need to adopt a disaster risk reduction and management approach that is holistic, comprehensive, integrated, and proactive in lessening the socio-economic and environmental impacts of disasters including climate change, and promote the involvement and participation of all sectors and all stakeholders concerned, at all levels, especially the local community;

Whereas, the Philippines is prone to natural calamities due to the country’s geographical and physical characteristics. The Philippines is known to be the world’s largest archipelago composed of more than 7,100 islands. Based on data, it lies along the Western Pacific Basin, the world’s busiest typhoon belt, with an average of twenty typhoons each year;

Whereas, according to the National Disaster Risk Reduction and Management Council (NDRRMC), typhoon Ruby affected 456,386 families or 2,086,562 people who sought shelter in evacuation centers. On the other hand, the Department of Social Welfare and Development said that there were over 230,000 families or about one million individuals staying in the evacuation centers situated in the disaster-stricken areas. Through the help of the local government units, the communities were advised to preemptively evacuate before the typhoon. Further, a 24-hour operations center at the headquarters of the Philippine National Police was established in order to immediately respond to the needs of the affected provinces by determining the preliminary number of evacuees and the particular needs of each municipality;

Whereas, proper coordination among national government agencies, concerned local government units and the private sector in applying preparedness and mitigation measures significantly contributed to the notable decrease in the number of casualties and loss of property compared to last year’s aftermath of typhoon Yolanda. At that time, the death toll was as high as 6,092 and the damage cost rose to Php 36.62 Billion;

Whereas, the United Nations Office for Disaster Risk Reduction (UNIDSDR) said it is impressed with the Philippines’ preparations for typhoon Ruby, which involved the preemptive evacuation of at least one million Filipinos in the typhoon’s path. Moreover, in a letter to Foreign Affairs Secretary del Rosario, the ASEAN Secretary-General Le Luong Minh commended the country “for its early warning efforts and disaster preparedness plans, which mitigated losses and damages.”

Whereas, the country’s experiences with major natural calamities such as typhoons Yolanda (Haiyan) and Ruby (Hagupit) have become key opportunities for learning and for improving disaster preparedness coordination, strategies and practices. Despite the Filipinos’ vulnerability to typhoons, these experiences demonstrate how the government together with the private sector and the communities stricken by calamities can effectively – prepare for and mitigate the adverse effects of disasters;

Whereas, in the aftermath of a disaster, there is a need to assess the impact of government’s actions in order to determine best practices and effective tools used in the disaster risk and reduction programs of local government units. The national government should also be able to identify the appropriate and useful strategies for inter-agency coordination in building community awareness, disaster preparedness planning, and ensuring quick response to help ensure readiness of communities for future disasters;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on the impact of the enhanced inter-agency coordination mechanisms of the national government and the pro-active response of local government units and the private sector on disaster preparedness and mitigation in the country.

 

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SRN-1112: Alarming Increase of Crimes against Journalists

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE CIRCUMSTANCES LEADING TO THE ALARMING INCREASE OF CRIMES AGAINST JOURNALISTS WITH THE END VIEW OF EXPEDITING THE INVESTIGATION AND RESOLUTION OF THESE CASES

Whereas, journalists have been defined as “individuals who are dedicated to investigating, analyzing and disseminating information, in a regular and specialized manner, through any type of written media, broadcast media, (television or radio) or electronic media. With the advent of new forms of communication, journalism has extended into new areas, including citizen journalism!.” International Human Rights laws guarantee protection of right to life of journalists, right to personal liberty and integrity, freedom from torture and freedom of expression;

Whereas, UNESCO’s General Conference, at its 29th session, adopted Resolution 29 “Condemnation of Violence against Journalists” to condemn assassination and any physical violence against journalists as a crime against society, since this curtails freedom of expression and, as a consequence, the other rights and freedoms set forth in international human rights instruments and to urge that the competent authorities discharge their duty of preventing, investigating and punishing such crimes and remedying their consequences;

Whereas, the recent shooting of eight cartoonists and journalists who work for the French satirical magazine Charlie Hebdo in Paris, France, has sparked global outrage and underscores the need for all nations, including the Philippines, to renew their commitment to protecting and defending freedom of expression and speech and all its instruments;

Whereas, data from the Center for Media Freedom and Responsibility (CMFR) shows that there has been 217 cases of killing of Filipino journalists/media workers since 1986, as of November 2014. Out of the 217 journalists/media workers, 145 were killed in the line of duty. The Autonomous Region of Muslim Mindanao (ARMM) registered the most number of work-related killings since 1986;

Whereas, Nerlita Ledesma, a correspondent for the news tabloid Abante, was shot dead last 08 January 2015 in Balanga City, Bataan. If proven to be work-related, the killing of Ledesma will be the 146th case in the Philippines since 1986 of a journalist/media worker killed because of their profession.

Whereas, based on the report dated 16 April 2014 of the Committee to Protect Journalists (CPl), an independent and non-profit international organization, the Philippines ranked third in the Global Impunity Index, which highlights countries where journalists are slain and the government failed to prosecute the cases. The Index noted 51 unsolved murders of journalists in the Philippines from 2004 to 2013;

Whereas, five years after the Ampatuan massacre, which claimed the lives of 32 Filipino journalists last 23 November 2009 and serves as the world’s worst mass killing of journalists, there has been no conviction. Those charged for the crime are still undergoing trial;

Whereas, the lack of resolution of journalist murders in the country has worsened the plight of media practitioners and threatens to create a chilling effect on the public;

Whereas, the enforcement and the prosecutorial arm of the government should be able to effectively investigate and prosecute these senseless media killings in order to give justice to the victims and their families and put an end to impunity for crimes against journalists.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on the circumstances leading to the alarming increase of crimes against journalists with the end view of expediting the investigation and resolution of these cases.

 

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SRN-1113: Civil Aeronautics Board

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE IMPOSITION OF FINES AND PENALTIES BY THE CIVIL AERONAUTICS BOARD ON ERRING AIRLINES WITH THE END VIEW OF AMENDING THE PROVISIONS OF REPUBLIC ACT NO. 776 OTHERWISE KNOWN AS THE CIVIL AERONAUTICSACT

Whereas, under Republic Act No. 776, otherwise known as the Civil Aeronautics Act of the Philippines, the Department of Transportation and Communications (DOTC), through the Civil Aeronautics Board, is mandated by law to regulate the economic aspect of aviation, and develop and promote the air potential of the Philippines, with due regard to public interest and convenience. The DOTC and the Department of Trade and Industry issued Joint Administrative Order No.1 2012, “Air Passenger Bill of Rights,” which aims to protect travelers from what are perceived to be abusive practices by local and foreign airlines. It laid down the guidelines for several airline practices, including overbooking, rebooking, ticket refunds, cancelled and delayed flights, lost luggage and misleading advertisements on fares which were the top causes of passenger complaints in 2011;

Whereas, in case of flight cancellations attributable to the carrier, the “Air Passenger Bill of Rights” gives the passengers the right to reimburse the value of the fare, including taxes and surcharges, of the sector cancelled, or both/all sectors, in case the passenger decides not to fly, the ticket or all the routes/sectors or rebook the ticket, without additional charge, to the next flight with available space, or, within thirty (30) days, to a future trip within the period of validity of the ticket;

Whereas, there was a significant number of delayed and cancelled flights by Cebu Pacific Air last December 24 to 26, 2014 which caused severe inconvenience to the affected passengers. According to data that Cebu Pacific Air submitted to the investigating panel composed of officials of Civil Aeronautics Board last December 29, 2014, the company had a total of 20 cancelled flights and 288 delayed flights at the NAIA3 from December 24 to 26. The Manila International Airport Authority also gathered information on the number of dislocated passengers, routes affected and the total capacity versus seats sold and flown to determine if there was indeed overbooking;

Whereas, the Civil Aeronautics Board issued CAB Resolution NO.4 (BM 01-01-12- 2015) which fined Cebu Pacific in the amount of Php 52.211 Million after finding the budget airline liable for “operational lapses and mishandling of passengers” at the Ninoy Aquino International Airport Terminal 3 (NAIA3) during the Christmas holidays. The Civil Aeronautics Board also required Cebu Pacific to establish and maintain appropriate service standards for all its personnel, organic and outsourced, especially those manning the check-in counters;

Whereas, despite the issuance of rules, regulations and joint administrative orders by the government, air passengers continue to suffer the consequences due to the inefficiency of carriers that fail to render them better service. It has been settled in jurisprudence that where a business intended to serve the travelling public primarily, a contract of carriage is imbued with public interest. Indeed, the damages incurred by the air passengers should be adequately and commensurately given to them;

Whereas, there is a need to review the provisions of RA No. 776 on Violations and Penalties, where any carrier or person who violates or fails to comply with any provision of the Act, or any of the terms, conditions or limitations in a permit or amendment thereto or any orders, rules or regulations issued by the Civil Aeronautics Board shall be subject to a fine not exceeding P5, 000 for each violation.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on the imposition of fines and penalties by the Civil Aeronautics Board on erring airlines with the end view of amending the provisions of Republic Act No. 776 otherwise known as the Civil Aeronautics Act.

 

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