Bills

Senate Bill No. 1091: Magna Carta for Philippine Internet Freedom of 2013

In today’s increasingly wired and interconnected society, Internet connectivity has become more than Just a luxury, and certainly more than just a tool for the educated and the elite. It is essential in the provision of basic government and private sector services, in sharing educational information to our students, in the conduct of everyday business, and even in gathering real-time, life-saving information.

For instance, we saw during the onslaught of Ondoy and Pepeng in 2009-and in the natural disasters following these-how the Philippine online community worked together from behind computers and mobile phones to send crucial information about flooded areas, missing persons, areas in need of immediate rescue and relief, fund raising efforts, and many others. In an age of climate change and harsher weather conditions, being connected and “in the know” could spell the difference between life and death.

Internet-enabled platforms and services have likewise given birth to new industries, which in turn have opened up hundreds of thousands of jobs for ordinary Filipinos. The Business Process Outsourcing (SPO) and Knowledge Process Outsourcing (KPO) industries, for example, would not be able to survive without the infrastructure for secure Internet connectivity. Likewise, a growing number of freelancers, start-up entrepreneurs, online marketers, and the like have been able to find gainful employment and livelihood thanks to Internet technology. Even loan services and fundraising efforts have been powered by the Internet, making it more accessible for groups with great ideas to get the funding support that they need.

Beyond these, the Internet and social media have become integral to ensuring transparency, accountability, and good governance not only in the Philippines but also in many corners of the world. For many, the Internet represents a lifeline to citizen watchdog groups and media organizations that shine the light on truth where it is most needed. Internet-enabled platforms have become complementary tools for democracy, allowing for debate and discourse, the free exchange of ideas, and open access to public servants. Moreover, developments in the social media space have made it possible for government to engage with its constituents on a one-to-one level, bringing government service directly in the hands of hands of the people.

It is for these reasons, and many more, that we seek to support the Magna Carta for Philippine Internet Freedom (MCPIF), in order to push for universal access to the Internet, the freedom and the ability to access public information online, freedom of speech, the right to create without fear of intellectual property infringement, and many other rights that are afforded Filipinos as citizens of a democratic republic. Specifically, we wish to push for a provision that makes free WIFI (also: wireless local areas network or WLAN) access mandatory for designated public spaces within local government units (LGUs), such as city or municipal halls, and the like. Public WIFI access will ensure that the Internet and other digital or social media platforms may be used by LGUs and their citizens for such functions as: the provision of basic government services (e.g., business registration, the accessing of government data online, etc.); real-time monitoring and disaster response coordination during times of natural and man-made disasters; data gathering, transmission, and monitoring during local elections; online training and capacity-building, and many others.

Just as the MCPIF upholds many of our civil liberties, it likewise protects citizens’ privacy online and also outlines the limitations of Internet use. For instance, as defined in Part I Section 2 (f):

“The Internet has the potential to become a theater of war, and that ICT can be developed into weapons of mass destruction; thus, consistent with the national interest and the Constitution, the State shall pursue a policy of no first use of cyberweapons against foreign nations, and shall implement plans, policies, programs, measures, and mechanisms to provide cyberdefense of Philippine Internet and ICT infrastructure resources;”

The MCPIF also tackles such issues as hacking, Internet libel, hate speech, child pornography, cybercrime, human trafficking, and a host of other issues.

Finally, to exercise jurisdiction over the Philippines’ ICT sector and the mapping out of the country’s ICT road map and systems, the MCPIF proposes the establishment of a Department of Information and Communications Technology (DICT), which, as defined here, “shall be the primary policy, planning, coordinating, implementing, regulating and administrative entity of the executive branch of the government that will plan, promote and help develop the country’s ICT sector and ensure reliable and cost-efficient communications facilities, other multimedia infrastructure and services.”

The world is changing at breakneck speed, and we believe that a piece of legislature such as the Magna Carta for Philippine Internet Freedom will enable us to manage the winds of change.

 

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Senate Bill No. 1356: People’s Fund Act of 2013

At a time when public funding is under intense scrutiny, when the Filipino people are crying out for full transparency and accountability, and when government is being called on to implement massive reforms, how can we ensure that it is the PEOPLE of the Philippines who ultimately have a say on where public funds are being spent?

The People’s Fund seeks to revolutionize public budgeting and funding by giving the taxpayers of the Philippines the choice on where a portion of their hard-earned money should go.

It allows an individual taxpayer to allocate five percent (5%) of his or her income tax to be allocated for any of the following:

1. An accredited charity or civil society organization;

2. A priority national or local government project;

3. A legitimate political party.

Under this bill, the Bureau of Internal Revenue (BIR) shall establish the mechanism that would enable individual taxpayers to select beneficiaries upon filing of their annual income tax returns.

Meanwhile, an inter-agency committee led by the Department of Budget and Management (DBM) shall determine the eligibility of respective organizations, and shall likewise set the conditions, guidelines, and reporting requirements for the receipt and use of the funds by the benefitting organizations.

This gives the Filipino public greater control over how their monies are spent, ultimately empowering Filipinos to support institutions and initiatives that they deem worthy.

In view of the foregoing, the approval of this bill is earnestly sought.

 

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Senate Bill No. 1457: Paskong Pinoy Bill

In an economy where growth is high but where unemployment, poverty, and hunger are equally high, it is imperative for Government to create the environment for inclusive growth. We must ensure that the fruits of growth flow out-not just “trickle down” -to as many Filipinos as possible, reaching especially those in the countryside and rural areas.

To achieve this, we must be willing to innovate and pave the way for opportunities to spring up across our diverse and culturally rich archipelago. One of the most effective ways to do this is through local tourism.

According to a report released by the National Statistical Coordination Board (NSCB) in May 2013, the “tourism direct gross value added” to the Philippine economy, as of 2011, was estimated at Php571.3 billion. Meanwhile, the tourism sector’s contribution to the Philippines’ gross domestic product (GOP) in 2011 was 5.9 percent, slightly higher than the ten-year average of 5.8 percent. Moreover, the data also showed that the tourism sector generated 3.8 million jobs in 2011, or 10.3 percent of all jobs in the Philippines for that year.

It is clear that tourism has a direct and positive impact on the national economy, local industries, and the employment and livelihood of millions of Filipinos.

With this in mind, one of our proposed solutions is to institutionalize the observance of long holidays from December 25 to January 1 every year as special non-working days. Through the “Paskong Pinoy Bill“, we aim to encourage local tourism and spending, thereby channeling much-needed resources to various parts of the Philippines.

A longer Christmas holiday can help spur the economy on several levels. First, it encourages families to spend more time and money on recreational activities such as dining, shopping, and leisure, thereby boosting the revenue potential of local businesses. Next, it encourages local travel, boosting growth in the local travel and hospitality industry and also opening up opportunities for communities who thrive on tourism income. Even farmers, fishermen, boatmen, vendors, and many other micro enterprises will benefit from having tourism income flow to their respective communities. Next, it may also encourage an influx of foreign visitors to the Philippines, knowing that the country’s already-festive Christmas season will be amplified by more recreational and tourism-oriented activities.

This bill also recognizes the Filipino value of love for family, encouraging more Filipino families to spend time together during the long break.

The bill also recognizes, however, that the private sector may be concerned by possible productivity losses during this period. In this regard, the bill also proposes that the last Saturday before December 25 and the first Saturday after January 1 be considered regular workdays, in. order to make up for the two (2) working days that will be affected by the proposed break.

In view of the foregoing, the early approval of this bill is earnestly sought.

 

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Senate Bill No. 1458: Study Now Pay Later Plan of 2013

One of the enduring legacies of the late Senator Benigno “Ninoy” S. Aquino, Jr. is the “Studv Now, Pay Later” Program. It was designed to give every Filipino access to tertiary education, with the belief that this will enable more Filipinos to get better jobs with better incomes, and help them get ahead in life.

Thirty years after Ninoy Aquino’s death, as we push for inclusive growth for every Filipino, we also seek to strengthen the Study Now, Pay Later Program to ensure that every Filipino who wishes to take up tertiary-level studies will be able to do so.

The strengthened Study Now, Pay Later Program (SNPLP) proposes that an Education loan Fund be established to make zero-interest loans available to eligible student beneficiaries to cover tuition and other school fees and education-related expenses towards the completion of college degree courses or vocational and technical courses.

Under our proposed program, the Education Loan Fund shall be administered by an Education Loan Fund Board headed by the chairperson of the Commission on Higher Education (CHED) and the Technical Education and Skills Development Authority (TESDA). Among its functions, the Board shall be responsible for establishing systems for the following:

(1) The effective disbursement and collection of loan payments, including but not limited to: arranging for the Government Service Insurance System (GSIS) and the Social Security System (SSS) to act as the authorized and official collection agencies for loan repayments; and

(2) Proper tracking and monitoring loan recipients, including but not limited into entering an agreement with various concerned government agencies including the Bureau of Internal Revenue (BIR), GSIS, SSS, National Bureau of Investigation (NBI), Department of Foreign Affairs (DFA), Philippine Overseas Employment Administration (POEA), Bureau of Immigration (BI), Bangko Sentral ng Pilipinas (BSP), and the Credit Information Corporation, as well as private and public banks and intermediaries, credit information bureaus, and other financial institutions, inclusive of investigating and checking the whereabouts of loan recipients, and setting up mechanisms for blacklisting of defaulting borrowers in applications for loans, credit cards, and other credit facilities.

These mechanisms seek to make it easier and more convenient for beneficiaries to pay for their loans while making it more efficient for government to collect loan payments. These are meant to ensure that the Study Now, Pay Later Plan can become a long-term program of the government with benefits that are extended to even more beneficiaries.

At present, the government’s Study Now Pay Later program for the school year (Z013-Z014), covers 538 beneficiaries nationwide with an average loan of Php 60,000 per qualified student per year.

Since the program was re-Iaunched in 1999, at least 16,907 students have already received student loans amounting to a total of Php217 million. However, the CHED reports that, as of December 2012, only Php26.8 million or 12.36 percent of these loans have been repaid.

Thus, it becomes imperative that we strengthen and improve the system, especially on the loan repayment side, to ensure that funds are ploughed back to the government to give more students the opportunity for tertiary-level education.

In view of the foregoing, the early approval of this bill is earnestly sought.

 

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Senate Bill No. 1832: Microfinance Code of the Philippines

In all parts of the country, microenterprises comprise the bulk of business enterprises in the country. The Department of Trade and Industry (DTI) estimates that, as of 2011, at least 99.6% of all businesses in the Philippines were classified as micro, small, and medium enterprises (MSMEs), while the remaining 0.4% were large enterprises. Of the total number of MSMEs, at least 91.0% were micro enterprises, with asset sizes not greater than Three Million Pesos (P3 million) and with up to 10 employees.

At their very core, micro enterprises enable poor families to undertake entrepreneurial activities to meet their minimum basic needs, including income generation. However, one major barrier for micro entrepreneurs is their lack of access to credit or capital. One way for them to access such funding is through micro finance.

“Microfinance”, as defined in this bill, “refers to the viable and sustainable provision of a broad range of financial services to poor/unbanked/financially underserved/low-income households engaged in livelihood and microenterprise activities. It uses nontraditional and innovative methodologies and approaches such as, but not limited to, the extension of small loans, simplified loan application procedures, group character loans, collateral-free arrangements, cash flow based lending, alternative loan repayments, minimum requirements for CBU/minimum balance retention, and small denominated savers’ instruments-aimed to improve their asset base and expand their access to capital and savings.”

However, the microfinance sector has yet to be acknowledged by government as an integral partner in poverty alleviation. Moreover, the unique structure and purpose of microfinance institutions (MFls) have yet to be recognized as different from those of purely commercial enterprises.

Therefore, we are proposing the Microfinance Code of the Philippines to develop the microfinance sector in the country. This measure seeks to define the rights and responsibilities, institute performance management and standards, and provide an accreditation process for MFls. It also seeks to provide an enabling policy environment for MFls through appropriate incentives and support. Finally, this measure will promote a social reform strategy that will empower the poor, aid them in managing financial risks, and, in doing so, expand access to micro finance services, such as: microcredit, microsavings, health care, and others. This Act also opens up access to a broad range of financial, business, and other human development services. The ultimate goal of the Microfinance Code of the Philippines is to lift people out of poverty and enable them to live more productive, self-sufficient lives.

In view of the foregoing, the approval of this bill is earnestly sought.

 

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Senate Bill No. 1874: Urban Development and Housing Act

The country’s inclusive growth imperative demands that no sector of society be left behind in progress and development. However, recent data shows that despite the healthy and sustained growth enjoyed by the Philippine economy, a large sector of the population remains jobless, poor, and hungry. Among the most marginalized sectors is the urban population, which comprises about 12.8% in 2009 of the total Philippine population.

One of the key issues hounding the urban poor is that of housing and relocation. According to the Philippine Development Plan for 20’10 to 2016, the country’s total housing need, including “backlog” and “housing for new households,” is estimated to reach around 5.9 million units by 2016. Informal settlements have increased by more than 22% (or 1.2 million) between 2003 and 2009. Meanwhile, other data show that the Philippines’ annual expenditure for housing accounts for less than 0.1 of the country’s gross domestic product (GDP)-the lowest figure in Asia.

Clearly, much more needs to be done for the country’s urban poor; to provide security of shelter is an urgent first step.

No less than the Philippine Cons~itution provides for the protection of the marginalized, the powerless, and the oppressed citizens of this country against any violent eviction and/or demolition. It likewise mandates the provision of decent public housing at affordable costs, coupled with basic services and livelihood opportunities. Section 10, Article XIII of the Constitution states that “urban or rural poor dwellers shall not be evicted nor their dwelling demolished, except in accordance with law and in a just and humane manner.”

To carry out this constitutional mandate, Republic Act (RA) No. 7279 or the Urban Development and Housing Act was enacted to, among others, “uplift the conditions of the underprivileged and homeless citizens in urban areas and in resettlement areas” and “provide for’ an equitable land tenure system that shall guarantee security of tenure to Program beneficiaries.” However, recent incidences of violent evictions and demolitions show the gaps of the current law, requiring the review and amendment of the law.

This bill, therefore, strengthens the Urban Development and Housing Act by further securing the urban poor from violent and unjust evictions and demolition of their homes. It also seeks to ensure that, in the case of relocation, housing beneficiaries be relocated near their homes where they have access not only to basic services but also, and just as important, to jobs and livelihood that will give them the means to raise themselves and their families out of poverty.

The bill further provides that consultation must be effectively done with the active participation of affected communities, particularly in the identification and approval of relocation sites. This also expands the mandate of the law by requiring developers to develop an area for socialized housing equivalent to at least twenty percent (20%) of the total area or project cost-at the option of the developer-not only on proposed subdivision projects but all other land develop”;1ent projects.

This bill also broadens the penalties on violations of the Urban Development and Housing Act.

We firmly believe that it is the duty of the State to protect those who are unable to protect themselves. As the great late President Ramon Magsaysay had once said, “He who has less in life should have more in law.”

In view of the foregoing, the immediate passage of this measure is earnestly sought.

 

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Senate Bill No. 1942: Adjusting the Level of Net Taxable Income and Nominal Tax Rates

As the Philippines pushes for inclusive growth, it is imperative that Government create the necessary mechanisms to enable the vast majority of Filipinos to feel the fruits of this growth. At present, efforts are underway to promote ease of business; generate jobs; support the growth of micro, small, and medium enterprises (MSMEs); and address rising unemployment and underemployment.

In spite of all these, however, ordinary Filipinos are still feeling the pinch of high taxes and rising prices. The Consumer Price Index shows that a basket of goods worth Php100 in 1998 is already worth Php196 in 2013, almost doubling in a space of 15 years. While the private sector has a role in responding to the needs of its employees, many enterprises also struggle with ensuring fair and equal pay for their workers while keeping their own businesses afloat.

Thus, the government has to play the delicate balancing act between the growing demands of its labor force and the limitations of the private sector. One solution is to review and reform the current tax system in a way that reflects current prices, and enables a more equitable distribution of wealth for its citizens.

The Tax Reform Act, therefore, seeks to amend Section 24 of the National Internal Revenue Code of 1997, as amended, by adjusting the levels of net taxable income and simplifying the nominal tax rates for the purposes of .computing the individual income tax, based on current 2013 prices. The Tax Reform Act effectively lowers the taxes on the Filipino working class-which comprises around 22 million of the Philippine population-allowing them to enjoy a higher net income and increasing their purchasing power, without necessarily imposing a burden on the micro, small, and medium enterprises (MSMEs) that comprise a majority of employers in the Philippines. The collections from The Tax Reform Act also adjust the tax level of the upper one percent. (1%) of taxpayers, making sure that the government is able to collect a larger share of income from those who can afford to pay more. A more just tax system will also serve to encourage citizens to declare their true income and pay their taxes.

In effect, the Tax Reform Act serves as one of the important reforms to create a more equitable, just, and effective tax regime for Filipino taxpayers. It supports the government’s push for inclusive growth while ensuring that government is still able to raise funds for social programs that directly benefit the poor. It is a systemic, win-win solution that offers the greatest benefit to the greatest number of Filipinos.

In view of the foregoing, the approval of this bill is earnestly sought.

 

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Senate Bill No. 1943: Creation of Local Development Councils

It is the basic policy of our State to give primordial importance to the autonomy of the local government. Republic Act No. 7160, otherwise known as the “Local Government Code” aims to provide a more accountable local government structure and institute a system of decentralization.

Section 106 of the Local Government Code mandates each local government to have a Local Development Council (LDC) at the provincial, city, municipal or barangay level. The LDC is expected to set the direction of economic and social development within its territorial jurisdiction. At the provincial, city and municipal level, the functions of the LDC are to: (1) Formulate long-term, medium-term, and annual socio-economic plans and policies; (2) Formulate the medium-term and annual public investment programs; (3) Appraise and prioritize socio-economic development programs and projects, among others. At the barangay level, the LDC is expected to mobilize people’s participation in local development efforts and to monitor and evaluate the implementation of national or local programs and projects.

Our laws recognize the significance of multi-sectoral representation and participation in the LDC. This is made clear in the Implementing Rules and Regulations of the Local Government Code that mandates that the composition of Local Development Councils shall include representatives from duly accredited people’s organizations (POs), non-governmental organizations (NGOs) and the private sector operating therein. Further, NGO representation shall not be less than ¼ of the total membership of the fully organized council. However, despite the express provisions of our laws and implementing rules, many local government units still do not adhere to them. There are also NEDA reports showing that many local special bodies do not meet regularly thus minimizing the participation of NGO’s and PO’s in local governance.

In any democratic nation, every individual must share in the sovereign power and must be able to participate equally in the government of the local body. Each sector of a nation must give their voice in the decisions that will affect them all. The local NGOs and POs must be given a place in the local councils for rightful representation. The local government’s goal should support the creation of a better life for its people, echoing the voice of the people and help to build resilient and prosperous communities, now and over the long term.

For this purpose, this bill seeks to bolster the noble goals of R.A. 7160 in ensuring that the NGOs and POs are made active partners in the pursuit of socio-economic welfare in the local autonomy. The bill mandates LDCs to convene at least four times in a year: March, June, September and December. The leagues of LGUs are further mandated to monitor such meetings through the Oversight Committee on Local Government. Finally, the bill seeks to provide punitive actions to local executives who fail to execute such laws.

In view of the foregoing the approval of this bill is earnestly sought.

 

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Senate Bill No. 2118: Filipino Sign Language Act of 2014

Have you ever had a dream where you were screaming for help and nobody could hear you?

For the over half a million members of the Filipino Deaf community, scenarios like this are not just a dream or a nightmare-they are part of their everyday reality. Because much of society does not naturally understand the culture of the Filipino Deaf, or are equipped to do so, many Deaf individuals are left without proper communication or access to information.

Worse, because of this large communication gap, Deaf individuals have become more vulnerable to abuse. According to data shared by the Cebu-based nongovernment organization Gualandi Volunteer Service Programme, Inc., up to 70 percent of Deaf boys and girls “are being molested”, while 63 percent are being “abused by their own fathers.” Their data also shows that one out of three Deaf women has been raped.

In order to build a safer and more inclusive society for the Filipino Deaf community, government, civil society, academe, and the private sector must work together to give Deaf individuals access to communication, information, and tools that are necessary to lead productive lives. Thus, this representation appeals for the urgent passage of the Filipino Sign Language (FSL) Act of 2014, which shall declare Filipino Sign Language as the national sign language of the Filipino Deaf and the official language of, the Philippine government in all transactions with the Deaf, and which shall likewise mandate the use of FSL in schools, workplaces, and broadcast media.

Such a language would not only produce highly successful learners, it would also respect the Filipino Deaf community’s rights to identity, access to education, and direct communication, among others.

Moreover, this Act provides for FSL to be the medium of official communication in all transactions involving the Deaf and the language of instruction of Deaf education. It shall also be the official language of legal interpreting for the Deaf in all public hearings, proceedings, and transactions of the courts, quasi-judicial agencies, and other tribunals, as well as in all public and private workplaces, and in all other public transactions, services, and facilities.

To make information more accessible in broadcast media, this Act also requires FSL interpreter insets in news and public affairs programs. Subsequently, the NTC shall take steps to promote the use of FSL in all other broadcasts and programming.

Under this proposed Act, the National Council for Disability Affairs (NCDA), with the involvement of the Deaf community and other stakeholders, shall establish a national system of standards, accreditation, and procedures for FSL interpreting. Likewise, the Department of Education (DepEd), the Commission on Higher Education (CHED), and other national and local agencies shall take appropriate steps to propagate sign language competency among hearing people, by offering FSL as an optional language subject in the regular or mainstream curriculum, among others.

We fervently believe that a humane, just, and inclusive society protects the vulnerable, integrates the marginalized, breaks down the barriers of discrimination, and gives equal access to opportunity for every Filipino. Mandating and promoting the use of FSL, we believe, is a step toward social justice for the Filipino Deaf community.

In view of the foregoing, the approval of this bill is earnestly sought.

 

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Senate Bill No. 2117: Filipino Sign Language Act in Broadcast Media of 2014

In a truly inclusive society, the welfare of the poor and the marginalized are always upheld, and nobody gets left behind in the push for development.

In the same vein, a society that values transparency must always ensure that information transmitted through mass media is made accessible especially to the more ~vulnerable sectors of society, especially persons with disabilities (PWDs) and those with hearing impairments.

This bill seeks to require the broadcast of television programs and showing of motion pictures and other audio-visual presentation with “closed captions” (CC), and providing penalties of violation thereof to respond to the needs of hearing-impaired individuals.

“Closed captioning”, as defined by the Federal Communications Commission (FCC) of the United States government, “allows persons with hearing disabilities to have access to television programming by displaying the audio portion of a television program as text on the television screen.”i

Moreover, the FCC website states that closed captioning “provides a critical link to news, entertainment and information for [the hearing-impaired] … Captions also help improve literacy skills.”

Data from the World Health Organization (WHO) states: “The prevalence of disabling hearing loss in children is greatest in South Asia, Asia Pacific and Sub-Saharan Africa,” with the Asia Pacific as the region with the second highest incidence next to South Asia, Moreover, “In children, prevalence decreases exponentially as gross national income per capita (GNI) increases,” and “in most regions, prevalence in children decreases linearly as parent’s literacy rate increases.” Meanwhile, “in adults of 65 years and older, prevalence decreases exponentially as income increases.”

This means that a poor individuals that are either deaf, mute or hard of hearing have a lesser chance of accessing information through mass media.

In the Philippines, 1.23% of the entire population is either deaf, mute, or hearing impaired. As of 2009, the projected deaf population is already at 241,624 for those who are totally deaf and 275,912 for those who are partially deaf. That means that at least 517,536 people currently have very limited access to media and information because of their hearing impaired ness.

We firmly believe that, as the late great President Ramon Magsaysay had said, “those who have less in life should have more in law.” Therefore, this bill seeks to provide to hearing impaired Filipinos a luxury which many of us take for granted.

By making closed captioning compulsory for all franchise holders of operators of television stations, producers of television programs, home video programs, and motion pictures, we seek to open access to information, learning, and entertainment to Filipinos who are currently denied this basic right.

In view of the foregoing, immediate passage of this bill is earnestly sought.

 

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