Month: May 2015

SRN-563: BIR Revenue Memorandum Cicular (RMC) No. 7-2014

RESOLUTION DIRECTING THE APPROPRIATE SENATE COMMITTEES TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE ISSUANCE OF BIR REVENUE MEMORANDUM CIRCULAR (RMC) NO. 7-2014 TO CLARIFY ISSUES ON THE TAXATION AND COMPLIANCE REQUIREMENTS OF MARGINAL INCOME EARNERS PURSUANT TO REVENUE REGULATION 7-2012 AND REVENUE REGULATION 11-2000

Whereas, the Bureau of Internal Revenue (BIR) issued on 05 February 2014 Revenue Memorandum Circular (RMC) No. 7-2014 to clarify the issues related to the registration and tax compliance of Marginal Income Earners (MlEs) pursuant to Revenue Regulation (RR) No. 7-2012 and RR No. 11-2000. According to BIR, the issuance of the circular is part of the BIR’s campaign to plug leakages from tax evasion and to boost state coffers;

Whereas, under RMC No. 7-2014, a .Marginal Income Earner (MIE) is an individual not deriving compensation as an employee under an employer-employee relationship and who is self-employed and’ deriving gross sales or receipts not exceeding One Hundred Thousand Pesos (Php 100,000.00) in any twelve-month period. Moreover, the activities of such MlEs should be principally for subsistence or livelihood.

Whereas, under RMC No. 7-2014, the BIR’ clarified that MlEs include agricultural growers/producers (farmers/fishermen) selling directly to ultimate consumers, small sari-sari stores, small carinderias or “turo-turos,” and drivers/operators of a single unit tricycle. It categorically excludes licensed professionals, consultants, artists, sales agents, brokers and others similarly situated, including all others whose income have been subjected to withholding tax;

Whereas, under RMC No. 7-2014, MlEs are exempted from payment of the Annual Registration Fee (ARF) and from payment of business taxes such as Value Added Tax or any Percentage Tax. However, the BIR still holds MlEs liable for payment of Income Tax.

Whereas, under RMC No. 7-2014, the BIR additionally subjects MlEs to a range of registration and compliance requirements, including the registration of the MlEs with the BIR, registration of Book of Accounts, issuance of registered principal receipts/sales invoices, and the filing and payment of their Annual Income Tax Return similar to other self-employed individuals.

Whereas, the registration and compliance requirements as provided by RMC No. 7-2014 seem to be unreasonable and excessively burdensome considering the level of income that MlEs are earning as well as their capacity to comply with these complicated requirements. These requirements were not,rart of RR No. 11-2000, the original circular defining MlEs. Under RR No. 11-2000, MlEs shall be given the opportunity to register with the BIR, with no charge and without complying with the usual documentary requirements, such as maintenance of books of accounts and issuance of registered receipts/invoices.

Whereas, the cap of One Hundred Thousand Pesos (Php 100,000.00) per year on gross sales or receipts for individuals to be considered as MlEs, as stated in RMC No. 7-2014, seems unreasonably low and tends to exclude many individuals who are conducting activities principally for subsistence and livelihood. One Hundred Thousand Pesos (Php 100,000.00) per year of gross sales or receipts is equivalent to Eight Thousand Three Hundred Thirty Three Pesos and Thirty Three Centavos (Php8,333.33) per month or Two Hundred Seventy Three Pesos and Ninety Seventy Centavos (Php 273.97) in gross sales or receipts per day.

Whereas, the cap of One Hundred Thousand Pesos (Php 100,000.00) per year on gross sales or receipts implies that MlEs should be earning not more than Twenty Thousand Pesos (Php 20,000.00) per year or not more than Fifty Four Pesos and Seventy Nine Centavos (Php 54:79) per day, assuming a twenty percent (20%) profit margin and not yet deducting their operating costs. In effect, MlEs would only include individuals situated way below the poverty line, those who earn less than Ninety Pesos (Php 90.00) per day. Estimated earnings of those currently considered as MlEs would also be way below the income of individuals considered as Minimum Wage Earners (MWEs), which is between One Hundred Forty Thousand and One Hundred Seventy Thousand Pesos (Php 140,000 to P170,000+) per year.

Whereas, the cap on gross sales or receipts of MlEs of One Hundred Thousand (Php 100,000) provided by RMC No. 7-2014 has been carried over from RR No. 11-2000, the original circular defining MlEs. Under the said revenue regulation issued in year 2000, “MIE shall refer to those individuals whose business do not realize gross sales or receipts exceeding One Hundred Thousand Pesos (Php 100,000.00) in any twelve-month period.” Over a decade later, an upward adjustment of this cap is in order due to a variety of factors, notably inflation.

Whereas, granting income tax exemption to the Minimum Wage Earners (MWE) while subjecting the Minimum Income Earners (MlE) to income tax is contrary to the equal protection clause under the Constitution, there being no substantial distinction between them in terms of earning capacity. Both of these classifications of workers belong to the same class, a class with barely enough money to satisfy even their most basic and immediate needs.

Whereas, imposing income tax on agricultural growers/producers (farmers/fishermen) selling directly to ultimate consumers, small sari-sari stores, small carinderias or “turo-turos”, drivers/operators of a single unit tricycle and such is tantamount to confiscating what little income they are able to make on a daily basis. Such provision seems counter-productive and contrary to the nation’s thrust towards a better economy that will benefit the majority of our people.

Whereas, there is a need to revisit the provisions of the circulars issued by the BIR and other pertinent laws in order to afford equal protection and benefits to Marginal Income Earners. Further, the. government should look into more effective tax measures and simpler compliance requirements to encourage micro entrepreneurs to conduct/engage in business. Through the initiatives of the tax authority, the country will able to provide better productivity incentives, promote a more just and equitable distribution of the tax burden, and ultimately, better address the government’s inclusive ~rowth agenda.

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the appropriate Senate Committees to conduct an investigation, in aid of legislation, on the issuance of BIR RMC No. 7-2014 to clarify issues on the taxation and compliance requirements of Marginal Income Earners pursuant to RR 7-2012 and RR 11-2000.
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SRN-564: Steel Products and Rampant Smuggling of Imported Steel Products

RESOLUTION DIRECTING THE COMMITTEE ON TRADE, COMMERCE AND ENTREPRENEURSHIP ; TO CONDUCT AN INVESTIGATION, IN AID OF LEGISLATION, ON THE ALLEGED PROLIFERATION OF UNCERTIFIED AND SUBSTANDARD STEEL PRODUCTS AND THE RAMPANT SMUGGLING OF IMPORTED STEEL PRODUCTS, WITH THE END VIEW OF AMENDING PROVISIONS OF REPUBLIC ACT NO. 7103, OTHERWISE KNOWN AS “THE IRON AND STEEL INDUSTRY ACT” AND OTHER PERTINENT LAWS

Whereas, under Republic Act No. 7103, it is hereby declared a policy of the State to promote industrialization through the immediate establishment of an integrated iron and steel industry that makes full and efficient use of the country’s human and natural resources taking into consideration its critical impact on employment, indigenous resources utilization, foreign exchange and balance of payments position;

Whereas, the State shall provide impetus for the growth, promotion and development of the iron and steel industry as the springboard and basis for launching Philippine industrialization. The intent of the law is to provide a framework for a rational iron and steel program consistent with the requirements of the government’s environmental protection program. It shall provide measures to strengthen the demand and supply structures primarily through the establishment of an integrated iron and steel plant, which is technologically and economically efficient, internationally competitive and contributing to industrialization and accelerated development of the country;

Whereas, in the Philippines, reinforcing steel bars (Rebars) are consumed more than any other steel product. All building and infrastructures use rebars to ensure strength and integrity in their concrete foundations and structures. Rebars are covered in the Philippine National Standards 49 (PNS49) as mandatory because the product is critical to public safety. In accordance with PNS49, rebars should be manufactured from proper steel billets. However, in the past years, it has been reported that there has been a visible proliferation of substandard rebar in the market place;

Whereas, the Philippine Iron & Steel Institute (PIS!) and Steel Angles, Shapes & Sections Manufacturers Association of the Philippines, Inc. (SASSMAPI) conducted several test buy operations in Bulacan while the Consumer Protection Group of the Department of Trade and Industry (DT!) conducted market monitoring and standards enforcement activities on hardware stores reported to be carrying substandard steel products. Technical experts from the PISI and SASSMAPI assisted DTi in conducting the standards enforcement and found that substandard steel products are being sold in hardware stores located in Caloocan City. The test buys and standards enforcement operations resulted in the confiscation of thousands of pieces of uncertified and substandard reinforcement and angle bars;

Whereas, the substandard steel products had no Import Commodity Clearance (ICC) or PS Mark, thus raising suspicions that said products are smuggled into the Philippine market by unscrupulous traders. The other confiscated products had PS Mark but failed the standard test conducted on them

Whereas, in the aftermath of the disastrous earthquake that caused severe damage in the provinces of Cebu and Bohol, a technical team was sent by PISI to inspect the damages brought about by the earthquake. They discovered that there was widespread use of substandard construction materials. Based on their inspection, with the exception of the old churches that understandably used primitive engineering techniques, disproportionately more public structures were damaged. Majority of the damaged structures like residential houses, public markets and bridges, used substandard bars and angle bars in their construction;

Whereas, setting aside bureaucratic inefficiency and corruption, there is a need to integrate the iron and steel industry because steel is a basic component of industrialization and thus, considered a strategic sector of the national economy. More importantly, the continued sale of uncertified and substandard steel products poses a grave threat to Filipino lives. With climate change as a complex ‘environmental, cultural and political phenomenon, the production and integration of steel production should be able to significantly contribute to the effort to correctly and effectively address the safety of the public when another disaster strikes the country;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the Committee on Trade, Commerce and Entrepreneurship to conduct an investigation, in aid of legislation, on the alleged proliferation of uncertified and substandard steel products and the rampant smuggling of imported steel products, with the end view of amending provisions of Republic Act No. 7103, otherwise known as “The Iron and Steel Industry Act” and other pertinent laws.
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Sen. Bam’s Sponsorship on RESCYouth Act of 2015

Good afternoon, Mr. President and to my distinguished colleagues.  Mga kaibigan, mga kababayan, magandang hapon sa ating lahat!

 It is my great privilege to stand before you today in support of the institutionalization of youth participation in the country’s National Disaster Risk Reduction and Management Council or NDRRMC, as I sponsor the Responsive, Empowered and Service-Centric Youth or RESCYouth Act of 2015, or Senate Bill No. 2789, under Committee Report No. 161, entitled An Act Including The National Youth Commission Chairperson As A Member Of The National Disaster Risk Reduction And Management Council, Amending For The Purpose Republic Act No. 10121, Otherwise Known As The Philippine Disaster Risk Reduction And Management Act Of 2010.

Our beloved country is one of the most vulnerable nations to the threat of climate change.

According to the Long Term Climate Risk Index (CRI), which ranks countries affected by extreme weather events, the Philippines ranked fifth in the world. And in the 2013 Climate Risk Index (CRI), our country is ranked the number one most affected with over 24 billion US Dollars in losses that year.

As we all know, in 2013, Typhoon Yolanda or Haiyan, the deadliest typhoon in our history, affected over 14 million people and took over 6,000 lives in Eastern Visayas. To this day, we are still trying to recover from the tragedy.

 Mr. President, as we are in the receiving end of vicious typhoons, brutal storm surges, earthquakes, and other adverse calamities, we have taken steps and have made leaps in preparing for such occasions.

We have the Department of Science and Technology (DOST) Nationwide Operational Assessment of Hazards (NOAH) project led by our very own world-renowned scientist Dr. Mahar Lagmay.

Just last week, the Philippine Institute for Volcanology and Seismology (Phivolcs) released the Valley Fault Atlas containing large scale maps of the areas traversed by the West Valley Fault – a starting point in preparing for a potential earthquake in Metro Manila.

The NDRRMC has also released the National Disaster Risk Reduction and Management Plan (NDRRMP) for 2011 to 2028, which identifies the capacities we need to develop and the roadmap to follow in order to become truly resilient in the face of catastrophe. This plan not only focuses on preparedness and response, but also on prevention and rehabilitation before and after a crisis.

Moreover, we are seeing movements on the ground.  National agencies, local government units and the private sectors have constantly coordinated to be better prepared for disasters by educating our fellow Filipinos, acquiring more equipment for rescue and first aid, and institutionalizing relief operations and quick response teams, among other efforts.

Not surprisingly, the youth is playing a vital role in our pursuit for overall disaster resilience.  They have served as a beacon of hope and catalyst of action. 

Student councils lead schools to become depositories of donations and efficient centers for packing and deployment of relief goods, never running out of willing volunteers.

 In addition, social media turns from a platform of selfies into a nerve center for information, tips and news monitoring during typhoons, earthquakes and volcanic movements.

Mr. President, our youth organizations have also created innovative solutions to help their communities become more resilient, adaptive to the changing climate.

 Sa Cauayan City, Isabela, ang ating Ten Accomplished Youth Organization Awardee na Red Cross Youth and Junior Rescue Team ay nakalikha ng Disaster Management Eco-rafts mula sa recycled plastic bottles para sa mga nakatira sa malapit sa ilog at mga lugar kung saan madalas na binabaha.  

Tuwing may bagyo at umaakyat ang tubig, ginagamit ang mga eco-raft na ito ng mga pamilya roon upang makaligtas sa sakuna.

Mahalaga na may alam at kasanayan ang ating mga kababayan sa basic life support, first-aid training at rescue operations lalo na sa panahon ng kapahamakan. Naranasan ito mismo ng Hayag Youth Organization ng Ormoc, Leyte.

Isang araw, habang sila ay nasa isang mangrove planting activity, biglang tumaob ang kanilang bangka. Nalaman nilang wala sa kanila ang marunong lumangoy! Buti na lang, hindi lampas-tao ang tubig na kanilang nahulugan.

Dahil sa karanasang ito, isinagawa nila ang “Swim for Safety” o “Langoy Para sa Kaluwasan” na isa nilang advocacy sa disaster preparedness.

Mr. President, noong 1991, nagkaroon ng isang matinding flash flood sa Ormoc at libo-libo po ang namatay. Noong tamaan ng bagyong Yolanda ang Ormoc, lahat ng miyembro ng Hayag na tinuruang lumangoy ay naligtas sa delubyo.

Ang Rescue Assistance Peacekeeping Intelligence Detail o RAPID ay malaki rin ang naitulong at marami na ang nailigtas sa kanilang 56-hour training program kung saan itinuturo ang emergency response, first aid, bandaging, evacuation at iba pang kaalaman at kasanayan na kakailanganin tuwing may sakuna.

Ang mga nagtapos sa training program ng RAPID ang mga ilan sa first responders noong typhoon Yolanda, lindol sa Bohol, at pati sa lumubog na barko ng 2Go kung saan isinigawa ng mga trainees ang kanilang natutunan na cardiopulmonary resuscitation or CPR upang mailigtas ang sanggol na 8-months old pa lamang!

Napakarami na ngayong mga youth groups na nagtuturo ng mga kasanayang ito at kumukuha ng mga volunteers para mas maparami ang may kaalaman sa disaster response and rescue – mula sa Hayag Youth Organization sa Ormoc, Leyte, sa Rescue Assistance Peacekeeping Intelligence Detail (RAPID) sa Cebu, hanggang sa Muntinlupa Junior Rescue Team at The Responders sa South Central Mindanao.

Mr. President and esteemed colleagues, all over the country, young Filipinos are dedicating their time, energy, and skills to build a strong and resilient Philippines ready to take on overwhelming tragedies.  

They are involved in the whole process of disaster reduction and mitigation efforts – from education and prevention, to rescue and first response, to relief and rehabilitation efforts.

The Filipino youth has proven to be key partners in nation building. Let us empower them further by institutionalizing youth involvement in disaster risk reduction and management.

Right now, local government units are already working with the youth, usually as volunteers. The RESCYouth Act of 2015 raises this level of participation and includes the youth in the planning process, identifying strategic efforts, mobilizing communities, and making risk preparedness and disaster resiliency as part of Filipino culture.

This Act includes the National Youth Commission (NYC) Chairman in the National Disaster Risk Reduction and Management Council (NDRRMC) and subsequently, involves youth representatives in the local levels by their inclusion in the Regional, Provincial, City, Municipal, and Barangay Disaster Coordinating Councils.

Mr. President, sa RESCYouth Act of 2015, mapakikinggan na sa bawat komunidad – barangay man, lungsod, o probinsya – ang mahalagang boses ng kabataan upang mapabuti ang ating paghahanda para sa kalamidad.

We have received tremendous support for this legislation – from the Department of the Interior and Local Government (DILG) and the Local Government Units (LGUs) to the NDRRMC and the National Youth Commission.

Our stakeholders acknowledge the value of involving the youth in disaster risk reduction from the planning stage down to execution.

The NDRRMC, government agencies and local government units, schools, disaster management units, scientists and members of the academe, local businesses and the private sector, youth volunteers and youth groups – all of us, together, can make significant progress in our country’s ability to face calamity head on.

It is in trusting each other’s abilities and uniting all sectors, including the youth, that we can develop a Philippines that is well informed, incredibly prepared, and exceptionally resilient to disaster.

Let’s formally enlist our bright, impassioned, determined, resourceful, and brave young Filipinos by passing the RESCYouth Act of 2015.

Magandang hapon sa inyong lahat, maraming maraming salamat at mabuhay ang kabataang Pilipino!

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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No split in Liberal Party ranks over Mar, Poe, says Bam Aquino

Senator Paolo “Bam” Aquino IV yesterday denied the Liberal Party (LP) is divided due to the possible entry of Sen. Grace Poe Llamanzares as the party’s standard-bearer in the May, 2016, elections, with party members split between her and Secretary Manuel “Mar” Roxas II of the Department of the Interior and Local Government.

“Hindi naman (Not really). We’re part of a democracy. Siyempre po, may gusto tayo at ayaw  (Of course, we have some people we like, some we don’t),” Aquino told reporters in an interview. “Ganoon din po ang Liberal Party  (It’s the same with the Liberal Party),” he said.

“May proseso pong pinagdadaanan. Palagay ko naman kapag tapos na ang prosesong iyan ay muling magsasama-sama ang partidong kinalalagyan ko. (We go through the process. I think after we finish that process, the party will come together again),” he said.

Drilon had earlier said he hopes Roxas declares his intention to join the presidential race amid speculations of a possible tandem with Poe.

“Let me say we have an official process in the party but I would take the position that Mar Roxas should now declare his intention,” Drilon said. “If he is indeed interested — and I think he is – he should declare now his intention that he would want to present himself as a candidate for the presidency in 2016.”

Drilon said he believes Roxas is the person who can continue the reforms and programs initiated by the Aquino administration.

Senator Aquino said the party cannot afford to choose the next leader on the basis alone of personality. “Dapat tanungin natin, ano ba talaga ang plano nila. Sino ba ang may kakayahan na dalhin tayo sa kinabukasan? (We should ask them what are their plans? Who has the capability to bring about a future for our country),” he said.

“Five years from now, dapat ang Pilipinas yumayaman na. Dapat ang mga kababayan natin di na kailangang mangibang bansa para makakuha ng magtrabaho. Dapat iyong mahihirap mayroon  ng pagkain, trabaho, at may negosyo na (The Philippines should already be rich, our countrymen should no longer be going abroad just to find work. The poor should have food, jobs and their own businesses),” he said.

The question is who will help the country achieve that? I think those who aspire to run for office should be able to answer those questions, Senator  Aquino said.


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Bam: Strengthen Assistance to Senior Citizens

A senator has filed a bill seeking to establish a National Commission for Senior Citizens (NCSC) to look after the welfare and rights of Filipino senior citizens.

“Our Filipino senior citizens have contributed immensely to the growth and progress of the country,” Senator Bam Aquino said in his Senate Bill No. 2737 or the Senior Citizen Act of 2015.

“As they reach the twilight of their lives, it is our responsibility as a society to ensure their rights and privileges, and that proper accommodation is given to them,” he emphasized.

As a national agency, Sen. Bam said the NCSC will formulate and implement policies, plans, and programs that promote senior rights and privileges or address issues plaguing the sector.

“With sectors such as the youth, women, and persons with disabilities having a specialized body catering to their constituents, it is about time that our Filipino seniors are awarded their own commission as well to ensure that no Filipino gets left behind,” added Sen. Bam.

Under the bill, Section 11 of Republic Act 7432 or the Expanded Senior Citizen Act of 2010 will be amended, abolishing the National Coordinating and Monitoring Board and replacing it with NCSC.

It will be spearheaded by a chairperson and commissioners from a list submitted by senior citizens organizations and associations.

Regional commissions for senior citizens will also be established in different local government units to effectively address the needs of the elderly in the provinces.

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