Bills

Senate Bill No. 2122: Anti-Discrimination Act of 2014

The Bill of Rights in the 1987 Constitution guarantees equal protection for every Filipino, and prohibits discrimination of persons based on ethnicity, race, religion or belief, political inclination, social class, sex, gender, sexual orientation, gender identity, gender expression, civil status, medical condition, or any other status in the enjoyment of rights. The fundamental law also declares that the State values the dignity of every human person and guarantees full respect for human rights (Section 11, Article II, 1987 Constitution). It also imposes on the State the duty to ensure the fundamental equality before the law of women and men (Sec. 14, Id.).

In addition, the Philippines is a signatory to numerous international agreements that seek to ensure respect for the human rights of all persons regardless of ethnicity, race, religion or belief, political inclination, social class, sex, gender, sexual orientation, gender identity, gender expression, civil status, medical condition, or any other status. These international human rights instruments have been constantly upheld by international institutions, such as the United Nations Human Rights Committee and the United Nations Committee on Economic, Social and Cultural Rights.

Unfortunately, reality has yet to catch up with the noble intentions of these numerous laws and international agreements. In schools, workplaces, commercial establishments, public service, police and the military, prejudicial practices and policies based on sexual orientation, gender and cultural identity limit the exercise and enjoyment of basic human rights and / fundamental freedoms, as well as impede or delay the delivery of basic services.

We still see, for instance, employment practices that prioritize single over married job applicants, despite the fact that there is no empirical link between a person’s civil status and his or her job performance. There are also other cultural practices that suppress an individual’s right to practice his or her religion, faith, or cultural belief.

Moreover, many Filipinos in indigenous communities have yet to be fully integrated into the workforce; ignorance about their cultural practices often leads to stigma and marginalization. Moreover, the lesbian, gay, bisexual, and transsexual (LGBT) community continues to be oppressed through various forms of cruelty by society at large, primarily because of misconceptions and ignorance. LGBT students, for instance, are refused admission or expelled from schools due to their sexual orientation or gender identity. Companies block the promotion of LGBT employees due to the deeply embedded notion that homosexuality is an indication of weakness. Laws such as the anti-vagrancy law are also abused by law enforcement agencies to harass gay men. Government offices restrict or delay the delivery of services to deserving individual/s due to discrimination.

In a democratic society that claims to give equal access and opportunity to each of its citizens, many Filipinos are still treated as “second-class citizens” when they try to exercise the rights to which they are rightfully entitled.

There is, therefore, an urgent need to define and penalize practices that unjustly discriminate on the basis of ethnicity, race, religion or belief, political inclination, social class, sex, gender, sexual orientation, gender identity, gender expression, civil’ status, medical condition, or any other status.

In view of the foregoing, and of the need to correct the longstanding discrimination against marginalized communities in Philippine society, the early passage of this bill is earnestly urged.

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Senate Bill No. 2158: Amending Art. 355 (Decriminalizing Libel)

The Filipino nation was built on our forefathers’ fight for freedom of expression and democracy. In the age of foreign colonizers, Jose Rizal’s Noli Me Tangere and EI Filibusterismo, and Graciano Lopez Jaena’s La Solidaridad, helped to ignite the spark that galvanized a fragmented people and lit up a revolution.

Decades later, in the midst of Martial Law, Filipinos once against used the power of words and ideas to fight against tyranny and oppression. Although many of the country’s top journalists were jailed for exposing the truths behind an unjust dictatorship, they inspired an entire nation to rise up and wage a bloodless revolution for democracy.

This spirit lives on in the Information Age. Around the world, citizens are using the power of ideas and words-transmitted over a globally connected network-to expose corruption, challenge unjust regimes, pursue the common good, and ensure good governance.

In the words of the late President Corazon C. Aquino, “Freedom of expression-in particular, freedom of the press-guarantees popular participation in the decisions and actions of government, and popular participation is the essence of our democracy.”

In the Philippines, freedom of speech has given rise to a robust civil society. No less than the Bill of Rights of the 1987 Constitution protects this fundamental human right, saying: “No law shall be passed abridging the freedom of speech, of expression, or of the press, or the right of the people peaceably to assemble and petition the government for redress of grievances.”

Moreover, the International Covenant on Civil and Political Rights (ICCPR), of which the Philippines is a state party, protects these same rights while recognizing citizens’ responsibility in exercising these freedoms. Article 19 states:

1. Everyone shall have the right to hold opinions without interference.

2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.

3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:

(a) For the respect of the rights or reputations of others;

(b) For the protection of national security or of public order (ordre public), or of public health or morals.

In light of all of these, this representation seeks to decriminalize all forms of libel (i.e., in broadcast media or online) to encourage free and responsible discourse without necessarily compromising the State’s ability to hold persons accountable for irresponsible behavior.

No less than the United Nations Human Rights Committee (UNHRC) called Philippine libel laws “excessive” and incompatible with Article XIX, paragraph 3 of the ICCPR. It said: “States parties should consider the decriminalisation of defamation 113 and, in any case, the application of the criminal law should only be countenanced in the most serious of cases and imprisonment is never an appropriate penalty. It is impermissible for a State party to indict a person for criminal defamation but then not to proceed to trial expeditiously-such a practice has a chilling effect that may unduly restrict the exercise of freedom of expression of the person concerned and others.”

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

 

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Senate Bill No. 2151: Electric, Hybrid and Other Alternative Fuel Vehicles Promotion Act of 2014

According to the latest ASEAN State of the Environment Report (2009), “Southeast Asia is one of the world’s most vulnerable regions to climate change impacts such as droughts, floods, typhoons, sea level rise, and heat waves.” The growing impact of climate change has made it crucial for governments and the private sector throughout the ASEAN region to invest in climate change adaptation and mitigation efforts while providing economic opportunities to empower poor and vulnerable sectors.

One big opportunity for the Philippines lies in the Alternative Fuel Vehicle (AFV) sector. According to a report released by international consulting firm Grant Thornton in 2012, “Asia is currently the largest market for hybrids/electrics (56%).” Further: “The trend toward alternative fuels is visible in global sales of hybrid electric vehicles (HEVs) and battery electric vehicles (BEVs), projected to reach 5.4 million vehicles by 2021 (more than 6% of the automotive market), up from 810,000 vehicles in 2010 (approximately 2% of market share).”

The same report states that, “Around a quarter of global companies (24%) have introduced or are considering vehicles that run on alternative fuels for their businesses … Companies in the ASEAN region (31%) were most likely to use or consider alternative-fuel vehicles.”

This regional trend is congruent with the Philippine government’s moves to incentivize the manufacturing and use of AFVs. The Department of Energy’s goal of putting 100,000 electric tricycles on the road by 2017 and the Electric Vehicles Association of the Philippines’ (EVAP) goal of 1 million electric vehicles by 2020 represent key milestones toward dramatically reducing dependence on oil while ensuring that the Philippines leads in the growing electric vehicle manufacturing industry in the Asian region.

Moreover, the integration of the ASEAN Economic Community in 2015 presents a key opportunity for the Philippines to emerge as a leader in this sector and cater to a regional market. This can very well pave the way for more investments, jobs, and livelihood opportunities to reach more Filipinos.

In order to leverage on these potentials, we need stronger policy support to encourage investment in manufacturing facilities, enable technology demonstration and deployment, and provide incentives to promote the adoption of and drive consumer demand for electric, hybrid, and other alternative fuel vehicles.

Thus, in order to bolster the benefits and the marketability of these vehicles, this Act provides non-fiscal incentives to drive consumer demand, including the following:

a. Priority in registration and issuance of plate number;

b. Priority in franchise application;

c. Exemption from Unified Vehicular Volume Reduction Program (UVVRP) or Number-Coding Scheme; and

d. Provision for free parking spaces in new establishments

It is recognized that while the costs of electric and hybrid vehicles are higher compared to those of regular vehicles, these non-fiscal incentives will make the acquisition and conversion of vehicles more attractive to consumers and manufacturers alike.

In the 15th Congress, both the Upper and Lower Houses of Congress passed on Third Reading similar measures entitled, “An Act Providing Incentives For The Manufacture, Assembly, Conversion And Importation Of Electric, Hybrid And Other Alternative Fuel Vehicles, And For Other Purposes.” Clearly, Congress recognizes that the emerging industry of alternative fuel vehicles (AFVs) can significantly contribute to investment generation, job creation, poverty reduction, and climate change mitigation.

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

 

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Senate Bill No. 2179: National Coastal Greenbelt Act of 2014

Last year, super-typhoon Yolanda (Haiyan) hit Eastern Visayas and left thousands of people dead. Millions more became homeless and now, are struggling to cope with the loss of loved ones, life savings and livelihood.

Previous storms, Ondoy, Pablo and Sendong have wrought havoc to other cities and provinces in the past half-decade, crippling the economic and social development of the Filipino people. The Philippines is battered by more than 20 typhoons a year, with an increasing number in the super-typhoon category. These could bring as much damage as Yolanda. The losses attributed were caused by storm surges and strong winds coming from the open ocean. In the age of global climate change, this has unfortunately become the new normal.

The poor coastal communities’ natural exposure to storm surges and lack of resources for preparation and recovery make them most vulnerable.

It is imperative to think of innovative, sustainable and cost-efficient ways for Filipinos to protect themselves, their properties and communities from the devastating impacts of natural disasters.

The Philippines is taking great strides in disaster preparedness. Recent laws created the Climate Change Commission (R.A. No. 9729) and strengthened the National Disaster Risk Reduction and Management Council (R.A. No. 10121). In addition, the People’s Survival Fund (R.A. No. 10174) was created to support adaptation activities of local governments and communities to increase their resilience.

Disaster preparedness comprises a whole suite of items, such as early warning systems, elevated shelters, hard engineering (e.g., breakwaters) and green engineering/infrastructure.

An establishment of greenbelts of mangroves and beach forests along coastlines is a proven green engineering intervention. As the Philippines’ 36,000 km coastline is among the longest in the world, coastal greenbelts effectively mitigate the damaging impacts of waves and storm surges. Some of the scientifically proven benefits are:

• Wave height of wind and swell waves can be reduced by 13-66% over 100m of mangroves;

• Storm surge attenuation of 5-50 cm.1 per kilometer width of mangroves;

• Surface wind waves can be reduced by more than 75% over one kilometer of mangroves; ,

• 50% reduction in storm surges by a 7-km band of mangroves.

Furthermore, coastal forests can reduce the force, depth and velocity of a tsunami, lessening damage to property and reducing loss of life. Coastal greenbelts are also cost-effective for disaster preparedness in the long term. The total valuation of mangroves is estimated at US$14, 000-16,000 per hectare, of which about 80% is for coastal protection value. The cost of establishing coastal greenbelts to protect against storm surge and tsunami would only be a fraction of the damages that could be brought by the yearly battering of typhoons.

A number of existing laws, policies and regulations on mangroves have been issued over the years resulting in a fragmented and conflicting policy environment. This bill aims to come up with a strategic program to rationalize the development of mangroves and beach forests for coastal protection; it is anchored on a comprehensive policy framework that addresses the fragmented approach in the past.

Establishing the National Coastal Greenbelt Program shall provide the agency mandates, funding, and general guiding principles for implementing a science-based and· cost-effective program. The proposed National Greenbelt Program mandates establishment of 100-meter protection zones, initially for the Eastern Pacific seaboard, where typhoons make landfall. This Program can also reap added benefits. The establishment of science-based coastal greenbelts is expected to protect biodiversity, improve fisheries productivity, and enhance the tourism and livelihood potential of the area. Transforming vulnerable coastal villages into highly resilient and sustainable communities is a step towards a nation that is inclusive for all.

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

 

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Senate Bill No. 2214: Big Data Act of 2014

The world we live in is in constant change. With these changes, more data are being collected, stored, accessed, analyzed, re-analyzed and disseminated.

Big Data has risen as an alternative source of information. It refers to datasets whose volume is beyond the ability of typical database software tools to capture, store, manage and analyze within a tolerable elapsed period of time.

Today, Big Data from information-sensing smart phones, social media and the Internet, remote sensing and climate sensors is more available and accessible.

Thus, an establishment of a technology center that facilitates Big Data is proposed in order for policy and services to be more relevant to the changing needs of the people.

With the help of the Philippine Big Data Center, disaster response teams will be armed by important information and other data needed during emergency situations and calamities.

The Bill proposes an infrastructure where Big Data is utilized for research and development, and invention and innovation.

The Center will develop a range of standards to use software and tools for analytics on massive amounts of data being generated from the use of the Internet and other technology.

The Center will also be responsible for disseminating and communicating the knowledge gained from its research activities to its stakeholders in both the public and private sectors. The analysis from Big Data will help policy makers to be more responsive to the needs of the public.

Furthermore, the Center will respect the right to privacy of the Filipinos, ensuring data anonymity, establish opt-in permissions and uphold transparency in its data analytics processes.

The passage of this bill will pioneer and institutionalize a technological breakthrough that will support the public and private sectors. It boosts the efforts of the State for more advanced, sustained and inclusive developmental progress.

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

 

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Senate Bill No. 2217: Start-Up Business Bill

The positive economic forecast for the Philippines encourages firms to invest in innovation towards the development of new products that would be able to compete in both local and foreign markets.

Start-up enterprises (“Start-ups”) have the potential to spur and spread such innovation. As these enterprises have likewise the appetite to take on more risks, they would fuel creativity and challenge existing ways of doing business. The establishment and growth of Start-ups would therefore be beneficial for more Filipinos who have the innate talent for shaping contemporary ideas while working with limited resources.

A measure to assist Start-ups would help to develop in the maturation of a community dedicated to fostering new solutions to ever changing complex problems.

The Start-Up Business Act proposes a tax exemption for Start Ups for the first two years of operation provided that these enterprises are duly registered businesses that are not affiliates, subsidiaries or franchises of any existing company and do not have any previous or other existing registered businesses.

This measure encourages Start-ups to get organized, and establish their business operations and market base. It will give these enterprises the proper time to stand on its own.

Moreover, this bill recognizes the role of Start-ups in the economy and demonstrates the State’s commitment to innovation.

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

 

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Senate Bill No. 2215: Community Disaster Warehouse Bill

In the past few years, the country has been battered by more than twenty typhoons a year, with an increasing number in the super-typhoon category.

As super-typhoon Yolanda (Haiyan) hit Eastern Visayas, particularly Leyte, last year, Filipinos who were seriously affected needed to contend with an insurmountable shortage of food, clean water, medicine and first aid, and clothing to weather the storm. Supplies weren’t able to reach the survivors immediately due to wrecked ports, airports and roads.

Thus, it is important that every community in the country be equipped and prepared for disasters, and make relief and basic goods as accessible as possible. The first few days after storms or earthquakes hit are crucial in mitigating further tragedies to individuals and families.

Hence, the establishment of community disaster warehouses aims to extend assistance to survivors of calamities, natural or man-made, by ensuring access to basic goods and prime commodities.

It intends for goods sold in these warehouses to be tax-exempt, and ensure that goods in the market would be available to avoid hoarding in affected areas. Furthermore, it seeks to protect citizens from price manipulation during times of crisis.

This intervention is important for the days and weeks right after the calamity to enable people and communities to start rebuilding and normalizing their lives.

Equipping communities with proper mechanism to assist its people during adversity is empowering and inclusive towards a nation that works for all.

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

 

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Senate Bill No. 2216: Mandatory Appointment of a Cooperative Officer in Every LGUs

In his travels in Europe in the 19th century, Philippine National Hero Dr. Jose P. Rizal was impressed with the success of a new economic movement that transformed the economic and social life of the Europeans. When he was incarcerated in Dapitan, Rizal he put up a school for the poor community where the community itself was the owner, a business model that he learned in his travels in the West. He also established the first cooperative store with his students. In addition, he organized the La Sociedad de los Abaceleros (Society of Abaca Producers), the first cooperative of its kind in the country.

Cooperative businesses are about meeting the needs of the people, where profit making is side by side with the development of the community. Since cooperatives are owned and democratically controlled by their members, the decisions taken balance the need for profitability and the wider interests of the community. Thus, cooperatives empower communities where they own and manage their own enterprise and share the economic benefits among all members.

Such a model where everyone has an interest in the participatory and developmental efforts of the community need to be replicated and scaled up to further the State’s interest in providing progress even to the marginalized sectors of society.

The Cooperatives Officer Bill mandates all municipal governments to have a designated officer attending to the needs of cooperatives and promoting cooperative-building in their localities.

The Cooperatives Officer shall steward the cooperatives in the areas of registration, market linkage, product development, training and mentoring, and access to capital and financing. Cooperatives are then promoted and further developed, organizing communities and building an economic movement for the people.

The challenge is to continue what Rizal fought for – not only political freedom – but economic freedom and poverty alleviation as well.

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

 

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Senate Bill No. 2227: Amending Secs. 22, 24 (A) 52 ) (2), Nirc (Marginal Income Earners)

In a country where 2.96 million Filipinos are unemployed, the poor turn to various forms of self-employment to be able to make ends meet. The farmers and fisherfolk in the rural areas, and the tricycle drivers, vendors and small sari-sari storeowners in the cities, think of innovative ways everyday just to earn decent income for their families. More than anything else, these micro-entrepreneurs, or Marginal Income Earners (MIEs), need the right opportunity to grow their small businesses into a more sustainable source of living. Charging taxes does not help them in any way; rather, it becomes a burden to a sector that is situated below the poverty line.

This bill seeks to amend the National Internal Revenue Code of 1997 so as to exempt from taxes the MIEs, whose gross sales from their small engagements in business would just be enough to sustain the needs of their families. Such a measure provides a less repressive and more enabling environment for MIEs to thrive and be given a chance to succeed. It further continues our campaign in achieving growth that includes everyone, even and especially the poor and marginalized.

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

 

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Senate Bill No. 2637: Safer Internet Day (SID) Act of 2015

The Internet has been integrated into the daily lives of billions around the world, with the Philippines ranked 16th out of 196 nations in 2014 with over 39 million local Internet users.

Thanks to the World Wide Web, families here and abroad stay connected, news is readily available, our disaster preparedness has improved, and the business landscape is forever changed.

This bill calls for the celebration of National Safer Internet Day to acknowledge both the challenges and opportunities brought forth by this technology that has been integrated in the lives offamilies, communities and the country.

Through the celebration of National Safer Internet Day, the public would be made aware of the importance of creating a safe, secure and favorable online environment.

The Internet exposes the public to a wealth of information and varying perceptions. The lack of safeguards and controls on the web has allowed cyber abuses never before thought of.

What’s more, the Internet is constantly growing and changing. We are only beginning to understand its implications and tap into its capabilities.

National Safer Internet Day should be an annual reminder of our responsibilities as patrons ofthe Internet.

Beyond this, it is also a venue to discuss the constantly changing landscape of the World Wide Web and discover how best to maximize the ever-expanding online realm.

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

 

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