for 20180204 KSK Edition

News Release

29 January 2018

Another SC justice tags Sereno for delay in release of survivorship benefits

Another Supreme Court justice today tagged Chief Justice Ma. Lourdes Sereno as the ultimate cause of the delay of as much as two years in the release of benefits for the surviving spouses of retired members of the bench.

Appearing before the House Committee on Justice to testify in its hearing on the impeachment case against Sereno, SC Associate Justice Mariano Del Castillo said he and other members of the court had raised similar concerns over the delay in the approval of petitions for survivorship benefits.

However, Del Castillo said whenever the issue of survivorship was raised in the en banc, CJ Sereno would tell them that a special committee was created to study the matter.

“Of course we would refer the matter to our Chief Justice, she is the presiding officer of the en banc. And so she would inform us that a special committee has already been established to study the apparent conflicting laws on the matter,” Del Castillo said.

In the previous hearing of the committee, it was revealed that before the creation of the special committee, the SC had approved with dispatch 271 such applications for survivorship benefits.

After the special committee was constituted —which also resulted in the  creation of two Technical Working Groups—approval of 29 such applications was delayed by as much as two years. The order creating the Special Committee was signed by Sereno and senior SC Justices Antonio Carpio and Presbitero Velasco, Jr..

Del Castillo said that in hindsight the SC en banc could have resolved the applications for survivorship benefits without awaiting the recommendation of the special committee.

However, SC Associate Justice Teresita Leonardo De Castro said the SC en banc could not have done that. She said that even if one justice was assigned to a specific case for survivorship benefit he would not be alerted to it unless such administrative matter was included in the agenda of the en banc.

“Pag wala sa agenda hindi kami maa-alert na meron palang dapat aksyunan. So kung hindi ilagay sa agenda hindi ho namin hihingin ang Rollo. Kasi kailangan ipadala sa amin ang records. So kung wala sa amin ang records, hindi mo malalaman na na-raffle pala sa iyo yan,” De Castro said.

Atty. Felipa Anama, SC Clerk of Court, told the committee that it was the Chief Justice who was responsible for the agenda of the court en banc.

“Si Chief Justice po mismo ang nag-a-approve ng agenda,” said Anama.

For his part, Court Administrator Midas Marquez that before the creation of the special committee the cases pass through his office and then referred to the Clerk of Court for raffle to assign the justice in charge of the case. Following the raffle, Marquez said the Rollo, or records of the case, was sent to the justice in charge.

However, Marquez said that after the special committee was created, the records of the case were sent to the committee after the raffle, instead of giving them to the assigned justice.

Meanwhile, Justice Del Castillo also said that had he known the purchase of the P5.2 million worth Toyota Land Cruiser for Sereno was pre-determined, he would not have endorsed it for approval of the SC en banc.

Del Castillo said that the documents he reviewed contained only the technical description of the vehicle. In the earlier hearings of the committee, it was pointed out that specifying a certain brand violates the provisions of the government procurement laws.

However, Rep. Eugene De Vera pointed out that in the previous hearing Atty. Cunanan had admitted that the purchase of the Toyota Land Cruiser was pre-determined, adding that the price of P5.2 million as specified in the documents relating to the purchase of the vehicle is specifically meant for a Toyota Land Cruiser.

De Vera said he obtained two separate documents, both entitled “First Endorsement” and signed by Atty. Cunanan. He noted that one of the documents specifically mentions “Toyota Land Cruiser”, while the other did not specify any brand.

“So, there is some sort of falsification there because it appears identical to me. So what I’m trying to establish is, Mr. Justice, baka napapalusutan kayo diyan sa en banc,” De Vera said.

Del Castillo said he only found out that there was a pre-determined brand for the vehicle preferred by Sereno from the testimonies given before the committee on justice.

Apart from Del Castillo and De Castro, SC Associate Justice Andres Reyes, Jr. appeared in today’s hearing of the committee on justice.

SC Associate Justices, Francis Jardeleza, Noel Tijam, Diosdado Peralta, Lucas Bersamin, and Samuel Martirez, along with retired SC Justice Arturo Brion. have testified in the previous hearings of the committee on the Sereno impeachment case. 

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HIGHLIGHTS

29 January 2018

Hearing of the House Committee on Justice

Impeachment Case vs. Chief Justice Ma. Lourdes Sereno

1.       SC Associate Justice Mariano Del Castillo testified that he had urged the Supreme Court to release the survivorship of the widow of CA Justice Jose Colayco who was then already confined in a hospital. He said Mrs. Colayco’s daughter had asked his help on this matter. 

2.       Justice Del Castillo told the committee that other justices, who had been assigned to other cases of survivorship benefits, had also made similar appeal to the SC en banc.

3.       Del Castillo said that whenever SC justices would raise the issue of the delay in the release of survivorship benefits, Chief Justice Sereno would invariably tell them that the matter is already under consideration of the committee—the special committee that she had created.

4.       Justice Del Castillo said that personally he believed it has taken the committee too long to resolve the questions on pending petitions for survivorship benefits.

5.       Court Administrator Midas Marquez told the panel that before the creation of the special committee, it was his office that processed first the petitions or claims for survivorship benefits and then would forward them to Clerk of Court en banc for raffle. After the raffle, the cases were then assigned to specific justices for their consideration.

6.       After the creation of the special committee, Marquez said, instead of giving the records to the assigned justice after the raffle was held, the documents were instead sent to the special committee.

7.        Del Castillo said that had any of the SC justices objected to the process and insisted that the petitions for survivorship benefits be acted immediately by the en banc, the approval would have been done faster.

8.       However, SC Associate Justice Teresita Leonardo De Castro said that the SC justices assigned to specific cases of survivorship benefits would not know the pending matters unless such case was included in the agenda because the records of the case, or rollo, were not given to the assigned justice. 

9.       SC Clerk of Court Atty. Felipa Anama told the committee that it is CJ Sereno that approves the agenda of the SC en banc.

10.   Justice De Castro also said CJ Sereno justified the creation of the committee by saying she wants to have a thorough review of the financial matters involved. Before the issue of the inordinate delay in the approval of the survivorship benefits was tackled in the en banc, De Castro said, they were clueless that the committee was actually bogged down by legal issues.

11.   Justice Del Castillo said that in hindsight the SC en banc should have just proceeded to resolve the pending petitions for survivorship benefits without waiting for the decision of the committee. However, he also said that doing so would be going against the decision of the three most senior members of the court to create the special committee.

12.   Del Castillo, who was assigned to handle the matter of purchasing the CJ Sereno’s Toyota Land Cruiser, also said that he endorsed the matter for approval of the en banc after finding the documents to be in order. He noted that all he found was a technical description of the vehicle in the First Endorsement attached to the records of the case.

13.   It was only after hearing the testimonies of the witnesses before the panel that he knew there was a predetermined brand for Sereno, according to Justice Del Castillo.

14.   Rep. Eugene De Vera noted that in the previous hearing, SC procurement head Atty. Ma. Carina Cunanan admitted that indeed the purchase of the Land Cruiser was pre-determined. He noted that based on official documents he obtained the amount for the purchase of the vehicle was pegged at P5.2 million which is the exact amount for a Land Cruiser.

15.   De Vera also provided Justice Del Castillo with two documents similarly titled First Endorsement. He said one of the documents indicated “Land Cruiser”, while the other document did not indicate the type of vehicle to be purchased. Both documents were executed before the bidding for the vehicle was conducted.  De Vera said there could be falsification and attempt to deceive the en banc.

(as of 12:10 p.m.)

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News Release

29 January 2018

Sereno stopped meet with DU30: Justice Reyes

Supreme Court Associate Justice Andres Reyes, Jr., former Presiding Justice of the Court of Appeals, today confirmed before the House Committee on Justice that SC Chief Justice Ma. Lourdes Sereno stopped him from meeting with President Rodrigo Duterte.

Reyes said that sometime after the election of Duterte as President, several CA justices requested him to help arrange a courtesy call on the Chief Executive. Reyes said he wrote a letter to Malacañang and provided Sereno a copy.

Later, Reyes said he received a call from Sereno who told him to see her in her office.

Reyes said that Sereno told him, “I don’t like your letter. Your letter is insulting to me and the en banc. You make it appear that we are not doing anything in the Supreme Court; your letter talks about discussing the problems with the President and that’s a big insult to us.”

According to Reyes, Sereno had warned him that such an offense “might end your career.”

Reyes said he immediately apologized for the letter and clarified that he did not mean to bypass the Supreme Court.

Following this, Reyes said Sereno told him to cancel the courtesy call and cautioned him: “Si Presidente madaldal yan. Kung anu-ano ang sinasabi niyan. Baka kung ano ang sabihin sa inyo hindi kayo makaimik, baka wala kayong magawa sa Malacañang.”

However, Reyes said that since the courtesy call was already arranged, he assured Sereno that some CA justices would proceed to meet with Pres. Duterte only to present the court’s commemorative coin and stamp. Reyes also said he clarified with Sereno that he would not take part in the courtesy call in Malacañang.

SC Associate Justice Teresita Leonardo De Castro said the issue of imposing sanctions against the CA justices and some Sandiganbayan justices for their courtesy call on President Duterte was raised in the en banc but did not prosper for lack of support.

Meanwhile, Reyes virtually admitted that Sereno violated the Code of Judicial Conduct in making a suggestion to the Court of Appeals to file a case before the Supreme Court and challenge the authority of the House of Representatives in connection with the detention of six Ilocos Norte officials.

Among the tenets contained in the Code include Canon II, which provides: “ A judge should avoid impropriety and the appearance of impropriety in all activities.”

The House Committee on Good Government had issued a show cause order to the Special Fourth Division of the CA to explain why the court granted the petition for habeas corpus of the detained Ilocos Norte officials.

Reyes confirmed that he met with Sereno and that she told him that he should defend the CA as there were already many news reports on the issue of the Ilocos Norte officials. He said Sereno asked him if he was willing to sign a prepared joint statement and that he did so after finding it acceptable.

In addition, Reyes said Sereno told him: “If they (CA Justices) like, they can file a petition for prohibition at Supreme Court na ang bahala.”

He said he would not take it against Sereno, who is also acting in her capacity as mother of the Supreme Court and the entire Judiciary. However, when asked later, Reyes said he would not do what Sereno did if he were in her shoes.

“I would bring the matter to the en banc,” Reyes said.

For her part, SC Associate Justice Teresita Leonardo De Castro also said that in issuing the joint SC and CA statement on the issue, Sereno did not consult the SC en banc. ###

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NEWS Release

29 January 2018

House members see no conflict in ongoing BBL and Cha-Cha work

House Members today foresee no conflict in the ongoing efforts of the chamber to approve the Bangsamoro Basic Law (BBL) and charter change initiatives to effect a federal form of government, among others.

Deputy Speaker and Cebu Third District Rep. Gwendolyn Garcia and Rep. Mohamad Khalid Dimaporo stressed during the bi-monthly press briefing that they see no conflict in the BBL and Cha-cha efforts of the House.

Garcia said in so far as charter change is concerned, where the country shall be shifting from a unitary to a federal form of government, this may further strengthen the BBL or what may be passed on March 21.

“When under a federal system of government, more powers may be given to the Bangsamoro Autonomous Region within the parameters, the confines set by what would then be the Constitution that the people shall adopt through a plebiscite,” said Garcia.

Asked if the provisions of the BBL could be adopted in charter change, Garcia said that could not  be the case because the BBL was being drawn up within the confines only of the 1987 Constitution.

“Kasi hindi pa nga natin na-amend or na-revise yung Constitution natin. Ibig sabihin, kaya nga if you would notice, we are not calling this the Bangsamoro State. We are calling this the Bangsamoro Autonomous Region. Now, it cannot be the other way around na because of the BBL ma-amend yung Constitution. If we want a Bangsamoro State, then let us amend the Constitution. If we cannot make it by May of this year, then certainly by 2019 in May,” said Garcia.

So far, she said the subcommittee created by the Committee on Muslim Affairs and Special Committee on Peace, Reconciliation and Unity had agreed to the creation of the Bangsamoro Autonomous Region and acknowledged its purpose, which is “to establish the Bangsamoro Autonomous Region in accordance with the provisions of the 1987 Philippine Constitution".

“Now, the sub-committee has decided to refer to the mother committee the more contentious provisions of the bills creating the Bangsamoro Autonomous Region, such as the scope of exclusive powers of the BAR government, the provision on inland waters, and the Bangsamoro Justice System,” said Garcia.

Moreover, Garcia said, the sub-committee agreed to get the opinion of concerned agencies, such as the Armed Forces of the Philippines (AFP), the Philippine National Police (PNP) and other uniformed services with respect to their role in relation to the authorities of the Bangsamoro Autonomous Region government. The subcommittee also sought to get the input of the Bangsamoro Transition Commission (BTC) on certain provisions of the new BBL, she said.

"President Duterte has acknowledged that there may be some constitutional hurdles. Where there may be some constitutional hurdles to be addressed, these have now been referred back to the mother committee. But what has been agreed on is to create the Bangsamoro Autonomous Region. Now, we would imagine the passage of this bill, which will now harmonize the four bills that have been filed would still be within the parameters set by the 1987 Constitution. Since the target for the BBL is March 21 before we adjourn,” said Garcia.

Dimaporo, one of the authors of four bill seeking the BBL creation, said the approval of the BBL and charter change were not inter-related and that it did not matter which gets approved first.

“I don’t think they are interrelated. It doesn’t matter what comes first or what comes next. As far as Congress is concerned, this was a promise of the President to the Filipino people, to the Bangsamoro people…his promise to deliver the BBL. So therefore, Congress is working as hard as possible so that the President can deliver his promise,” said Dimaporo.

The same thing holds true with charter change, said Dimaporo. The President ran with a promise to deliver federalism, said Dimaporo.

“So they are not interrelated. We work independently of one another - the committee tackling the BBL and the committee tackling charter change. We have no coordination whatsoever. We focus on our specific tasks,” he said.

He said the un-constitutional provisions of the Bangsamoro Transition Commission (BTC) version were identified in the subcommittee level. On the other hand, the constitutionally-acceptable language is embedded in the bill of Rep. Gloria Macapagal-Arroyo and in the 16th Congress version.

“So more or less, at the top of my mind, we retained mga 50 percent of the BTC version. The remaining 50 percent, it’s either we adopt the GMA version or the 16th Congress version,” he said.

One of the concerns in the proposed BBL was that under the BTC version, the Commission on Elections (Comelec) would be under the control of the Bangsamoro government, he said.

“What we’re asking for is that the COMELEC will be directly under the control of COMELEC national government. It’s just a simple manner of wording, the way it is written under the BTC version, the Bangsamoro government acts like a sub-state. They control their own COMELEC, they control their own human rights, they control their own justice system, when we feel that according to our existing Constitution, that should be under the control of the national government and not under the control of a sub-state. We’d like to word it fairly so that it will comply with the existing Constitution,” said Dimaporo.

Dimaporo said the subcommittee on the BBL was created last year around December. It had meeting before the year ended. When Congress resumed session this year, he said they were expecting to finish the sub-committee's work sometime by February.

“But within one week, four meetings (were held) and we were able to finish the work of the subcommittee. So now this coming Wednesday, we will be tackling the Bangsamoro Basic Law in the mother committee already.  We are actually ahead of schedule. So it depends (lang) on how lengthy the discussions will be in the mother committee but our tentative target is to approve it in the plenary before we adjourn this coming March,” said Dimaporo. (30) RBB

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Photo Release

29 January 2018

MORE JURISTS TESTIFY: Justices from the Supreme Court (SC), Court of Appeals (CA), and the Sandiganbayan testified Monday in the ongoing hearing on the probable cause of the impeachment complaint against Chief Justice Maria Lourdes Sereno. Associate Justices Mariano del Castillo of the SC and Zaldy Trespeses of the Sandiganbayan shared their views on the allegations of corruption. Meanwhile, former CA Presiding Justice and now SC Associate Justice Andres Reyes testified on the allegation that Sereno perverted justice by instructing the Presiding Justice and Associate Justices of the CA not to comply with the processes of the House of Representatives involving the “Ilocos 6” case. Photo shows the jurists taking their oath as witnesses. Also in photo are Majority Floor Leader Rodolfo Fariñas, Senior Deputy Majority Leader Juan Pablo Bondoc, Committee on Justice chairman Rep. Reynaldo Umali, and other committee members. PC/ABR

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Photo Release

30 January 2018

KASAMBAHAY BILL OKD: The House committee on revision of laws on Tuesday approved  House Bill 6285 seeking to declare January 18 of every year as "Araw ng mga Kasambahay," a nonworking holiday for all kasambahay.  The bill authored by Majority Leader Rodolfo Fariñas aims to recognize and appreciate the invaluable service rendered by kasambahay to every home and family. The date commemorates the signing into law of Republic Act No. 10361, otherwise known as the Domestic Workers Act or Batas Kasambahay, on January 18, 2013. Fariñas said the kasambahay were heroes in the household, whose rights and welfare should be strengthened, protected, and promoted. The panel chaired by Rep. Marlyn Primicias-Agabas sought the comments of the Department of Labor and Employment through Assistant Secretary Joji Aragon. Also present during the deliberations were Rep. Joseph Stephen Paduano and Rep. Eugene Michael De Vera.

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PRESS RELEASE

January 30, 2018

Solon encourages addition of more women in Cha-cha consultative body

Rep. Michaelina Antonio of AGBIAG Partylist on Tuesday suggested that more women should be added to the consultative committee who will review the 1987 Constitution.

President Rodrigo Duterte appointed 19 of the 25-member consultative body on charter change last Thursday as his administration pushes the shift from unitary to federal form of government.

Antonio noted that among the top magistrates, lawyers, members of the academe and former officials who were appointed, there was sufficient representation for Mindanaoans, Visayans, Igorots, the business sector, the education sector, and the media.

However, among the 19 appointees, only Atty. Susan Ubalde-Ordinario is a woman.

“I think there should be more women in the consultative body to advocate for women’s rights and fight for gender equality. Aside from women, I also encourage the president to ensure that the LGBT+ sector is represented,” Antonio explained. 

Antonio added that although Congress will have the final say on Charter change and the committee is merely consultative or advisory in nature, it is still important for all sectors to be well-represented in the body as its recommendations will certainly be given much weight.

As Executive Order No. 10 signed by Duterte in December 2016 creates a 25-member body to study and review the provisions of the 1987 Constitution, six spots remain to be filled.

The 25-member committee will study, conduct consultations, and review the provisions of the 1987 Constitution including but not limited to the provisions on the structure and powers of the government, local governance, and economic policies.

NEWS Release

30 January 2018

House unanimously OKs bill recognizing civil effects of church annulment

 

Voting unanimously, the House of Representatives has approved on third and final reading House Bill 6779 which shall grant the same effect as a decree of annulment by a competent court a church-annulled marriage.

The bill provides that whenever a marriage, duly and legally solemnized by a priest, minister, rabbi or presiding elder of any church or religious sect in the Philippines is subsequently annulled, dissolved or declared a nullity in a final judgment or decree in accordance with the canons or precepts of the church or religious sect, the said annulment, dissolution or declaration of nullity shall have the same effect as a decree of annulment, dissolution or declaration of nullity issued by a competent court.

The status of children of marriage subject of the church annulment decree shall be determined in accordance with the provisions of Executive Order No. 209, otherwise known as the “Family Code of the Philippines.”

In case the ground for the church annulment decree is not similar to any of the grounds provided in the Family Code of the Philippines, their common children born or conceived before the issuance of the church annulment decree shall be considered legitimate.

Another provision of the proposal states the liquidation, partition and distribution of the property of the spouses, custody and support of the common children, and the delivery of their presumptive legitimes shall be agreed upon by the spouses, and embodied in a public document.

In case no agreement is met, the provisions of the Family Code of the Philippines shall be in force.

The bill mandates that the church annulment decree shall be recorded in the appropriate civil registries together with the agreement of the spouses required under this Act within 30 days from the issuance of the church annulment decree, subject to the conditions that may be imposed by the church or religious sect.

Either of the former spouses may marry again after complying with the requirements under the bill and Article 52 of the Family Code of the Philippines.

Likewise, in securing a marriage license, the spouse involved must present a certified true copy of the church annulment decree registered with the appropriate civil registry.

 Authors of the measure are Deputy Speaker Gwendolyn Garcia, Reps. Yedda Marie Romualdez, Nancy Catamco, Emmi de Jesus, Arthur Yap, Brosas, Carlos Isagani Zarate, Antonio Tinio and Ariel Casilao. (30) MVIP

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THE HONORABLE HENRY C. ONG

2nd District of Leyte

Vice Chair, Committee on Banks & Financial Intermediaries

BUSINESSMAN-SOLON URGES FILIPINO FAMILIES TO CONSIDER PICKUP TRUCKS AS THEIR MULTI-PURPOSE VEHICLE

Purchasing a motor vehicle for family use or for small business has become a necessity for many Filipinos. Car ownership also happens to be one of the aspirations of many Filipino families as noted by AMBISYON NATION 2040, the long-term Philippine Development Plan of the Duterte administration.

Car sales were especially high in 2017. There was a double-digit percent increase in car importation and sales compared to 2016. 

According to the Association of Vehicle Importers, their 2017 sales was at 106,268 units in 2017, which is an increase of 14 percent compared to 3,192 units sold in 2016.

The Chamber of Automotive Manufacturers of the Philippines Inc. (CAMPI) has said its sales last year totaled 425,673 units, which is 18.4 percent higher than its 2016 sales.

Recognizing this and to help Filipino families and the Bureau of Internal Revenue, I share with the general public, particularly those who are thinking of purchasing a car very soon, to study the BIR’s recently-issued Revenue Regulations on the new excise tax rates for automobiles

The new BIR regulations implement the TRAIN Law provisions on motor vehicles’ excise taxes. The new rules also have a schedule of ad valorem taxes on automobiles.

As a family man, businessman, and as Member of the House Committee on Transportation, I advise families now thinking of purchasing new motor vehicles, to take advantage of the TRAIN Law exemption for electric vehicles and pickup trucks and the 50 percent on applicable excise tax rates for hybrid vehicles.

Congress deliberately lowered the excise tax rates to zero on electric vehicles and pickup trucks and lowered to 50% the excise tax rates on hybrid vehicles to help Filipino families with small businesses and to encourage citizens to care for the environment. Pickup trucks are especially versatile because they can double as family vehicles and utility units.

PRESS RELEASE

OFFICE OF CONG. LITO ATIENZA

JANUARY 31, 2018

REF. TO: ERIC CHAM ‎09178323299

After working with his fellow lawmakers for the passage of a bill strengthening the security of tenure of casual workers in the private sector, BUHAY Partylist Representative and Senior Deputy Minority Leader Lito Atienza is now pushing for the security of tenure of casual workers in government.

“Mahabang panahon na pinagsasamantalahan ng mga kapitalista ang hanay ng mga manggagawa dito sa tinatawag natin na ‘contractualization’. Tayo ay bumoto ng ‘Yes’ sa panukalang ito, sapagkat naniniwala tayo na simula lamang ito ng ating mahabang landasin sa pagbibigay ng magandang buhay para sa lahat. This law, as I see it, would give the government the opportunity to put in more controls on the bad practice of contractualization as we have seen it in the past years. Inaasahan ko din ang pangako ng mga sponsors na ito’y unang bahagi pa lamang ng pagtugon sa mas malaking problema.  Sapagkat ang ating mga casuals sa gobyerno ay hindi man lamang natin binabanggit dito,” Atienza said while explaining his vote for the bill’s approval.

Atienza pointed out it is high time that casual workers in government be given regular employment like workers in the private sector.

“Maraming casuals sa gobyerno na bumibilang na ng dekada, merong dalawang dekada, meron mag-reretire na pero casual pa rin. Panahon na upang sila ay bigyan din ng katiyakan sa kanilang kalagayan.  They have to be given permanent employment if we are to attend to the totality of the problem of the exploitation of our helpless poor,” Atienza said.

Atienza added that he had gotten the concurrence of his fellow sponsors that they will follow through and make good on their promise to address the plight of countless government casual employees.

“Let us follow through with a law that will now attend to the problem of our civil servants who are also being taken advantage of by the government,” Atienza stressed.

NEWS Release

31 January 2018

House approved proposed “Child Safety in Motor Vehicles Act”

The House of Representatives, through viva voce voting, approved on Tuesday House Bill 6938 seeking to provide special protection of child passengers in motor vehicles.

The proposed “Child Safety in Motor Vehicles Act” declares it is the policy of the State to ensure the safety of children while being transported in any form of motor vehicle.

Moreover, the State recognizes the right of children to assistance, including proper care and special protection from all forms of neglect, abuse and other conditions prejudicial to their development, including exposure to safety risks while aboard motor vehicles, the bill states.

To guarantee the safety and welfare of infants and children and prevent traffic-related deaths and injuries, the bill provides there is a need to adequately, consistently and objectively require, regulate and promote, and inform the public on the use of child restraint systems in motor vehicles and provide access to safe, appropriate, quality and affordable child restraint system, in accordance with international standards by accepted by the United Nations.

The bill mandates the use of child restraint system in privately-owned motor vehicles. It shall be unlawful for the driver of a privately-owned motor vehicle not to secure at all times a child while being transported on any road, street or highway. The child restraint system shall be appropriate to the child’s size, height and weight.

Such requirements shall not apply to circumstances where the child restraint system would put such child in greater danger such as: during medical emergencies; when the child transported has a medical or developmental condition; or other analogous circumstances prescribed under the Implementing Rules and Regulations (IRR).

The bill refers to a child restraint system as “a device capable of accommodating a child occupant in a sitting or supine position. It is so designed to diminish the risk of injury to the weather, in the event of a collision or an abrupt deceleration of the vehicle by limiting the mobility of the child’s body.”

If the child is at least 150 centimeters or 59 inches in height or based on the standards on the height or size of the child as set forth in United Nations Regulation 44 and Regulation 129, including their evolving standards, the child may use the regular seat belt instead of a child restraint system.

No child below 12 years old shall be allowed to sit in a front seat of a motor vehicle, unless the child is at least 150 centimeters or 59 inches in height and capable to properly fit in the regular seat belt in the front seat.

The bill mandates the Department of Trade and Industry (DTI) to use as benchmark the standards set forth in UN Regulation 44 and Regulation 129, including their evolving standards, in the approval and disapproval of child restraint systems that will be sold, distributed and used in the Philippines.

The DTI shall also conduct mandatory testing of all locally manufactured child restraints system and certify to the safety and appropriateness of imported child restraint systems. All manufacturers, importers, distributors and seller of child restraint systems are required to secure from the Bureau of Product Standards (BPS) a Philippine Standards (PS) mark license and/or Import Clearance Certificate (ICC) license prior to the marketing, sale and distribution of their products.

It shall be unlawful for any person, company, partnership, sole proprietorship, manufacturer, distributor, and/or importer to manufacture, use, sell, distribute, donate, lease, advertise, promote, or otherwise market the use of substandard or expired child restraint system.

The Department of Transportation (DOTr) and DTI are mandated to formulate and implement a certification training program for product inspectors, law enforcers, manufacturers, distributors, and sellers on the regulation, maintenance, use, maintenance and inspection of child restraint systems, as prescribed in the IRR.

The DOTr shall conduct a study and recommend to Congress the use of child restraint systems in public utility vehicles such as jeepneys; buses, including school buses; taxis; vans; coasters; accredited/affiliated service vehicles of transportation network companies; and all other motor vehicles used for public transport.

The bill imposes varying penalties for drivers, manufacturers, distributors, retailers and sellers who shall violate the proposed Act.

The DOTr, Philippine Information Agency (PIA), the Department of Education (DepEd) and concerned private agencies and organizations shall undertake regular nationwide information, education and communication (IEC) campaign within six months from the passage of the Act.

Authors of the bill include Reps. Mariano Michael Velarde, Jr., Cesar Sarmiento, Edgar Mary Sarmiento, Florida Robes, Johnny Pimentel, Romeo Acop, Edgar Erice, Renato Unico, Jr, Henry Ong, Micaela Violago, Estrellita Suansing, Winston Castelo, Cristal Bagatsing, Alfred Vargas III, Carlo Lopez, Eric Olivarez, Gus Tambunting, Deputy Speaker  Raneo Abu, Reps. Horacio Suansing, Jr., Mark Aeron Sambar, Gavini Pancho, Strike Revilla, Jesulito Manalo, Luis Raymond Villafuerte, Jr., and Erico Aristotle Aumentado, among others. (30) RBB

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31 January 2018

House Speaker Pantaleon Alvarez ambush interview transcript Macalintal Hall, South Wing Annex, House of Representatives

(Recording start)

Alvarez: Problema yung MRT hanggang ngayon… so, exhausted na rin yung taong bayan. Kailangan na talagang ayusin iyan. So we need a person na talagang yung aayos ng problema. Kaya kanina tinanong ko kung ano na yung mga ginagawa nila. At para naman ma-address yung mahaba na talagang…

Q: You don’t think he’s qualified?

Alvarez: Well, alam niyo, mahigit isang taon na rin, mayroon bang pagbabago? I think it’s just getting worse.

Q: Sir, you were questioning his competence kumbaga as general manager, ganoon po ba?

Alvarez: Alam niyo, siyempre wala naman tayong ibang puwedeng itanong, dahil kung hindi mo ma-address yung problema, ano ang puwede nating itanong?

Q: Sir, as former transportation official, ano ba ang assessment ninyo dito sa pagpapatakbo ni General Manager Garcia?

Alvarez: Hindi… alam niyo, yung sa rails, medyo malaking problema.

Q: Do you think he should resign?

Alvarez: Personal ko, ayoko nang makialam… ayoko nang manawagan.

Q: Pero Speaker, parang na-shock kayo noong sinasabi niya na puwede yung Dalian trains, parang sobrang nagulat kayo doon…

Alvarez: Nagulat ako dahil alam ko talaga hindi puwede. Yung hindi compatible yung signaling system and pag pinilit mo iyan, that would be very dangerous to the riding public.

Q: So just… tama ba yung pagkakaintindi namin, hindi naman talaga siya nag-resign. Sabi lang niya napressure siya, tama?

Alvarez: Kanina, noong tinanong ko, hindi ba, in my last question, kung talagang seryoso, ay sinabi naman niya oo, seryoso siya.

Q: Ok. Thank you Speaker.

Alvarez: Sige. ###

#onehouseforchange

News Release

31 January 2018

MRT3 GM offers to quit after rebuke from Speaker Alvarez

Metro Rail Transit Line 3 (MRT3) General Manager Rodolfo Garcia offered to resign after getting a stinging rebuke from Speaker Pantaleon Alvarez about the continuing woes of commuters with the mass transit system.

Garcia made the offer to step down from his post in today’s joint hearing of the House Committee on Transportation and Committee on Public Works and Highways. Speaker Alvarez joined the latter part of the hearing, which dealt with railway safety and related issues.

Alvarez said that commuters had long been suffering with the service of the MRT3, including the ordeal of having to stand in long queues and overcrowding in the trains, not to mention the frequent breakdown of the system.

Garcia claimed that they were looking to augment the present number of MRT3 coaches by using the Dalian coaches. However, Alvarez said that the signalling system of the Dalian coaches was not compatible with the present system and challenged Garcia if he was sure of what he was telling the committee.

“Then, I will resign kung hindi ako sigurado,” Garcia said in a stern voice.

Members of the committee reminded Garcia to accord proper respect not only to the committee but to Alvarez. Majority Floor Leader Rodolfo Fariñas said that if the committee so decides, it can order his detention and asked him to apologize.

Garcia said sorry to the committee. Later, he approached Alvarez and apologized to the Speaker. He narrowly escaped being cited for contempt as a motion for such purpose was withdrawn following his apology.

Opposition lawmaker Rep. Raul Daza noted that in his long service as a member of the House, Alvarez was the only Speaker who had taken the time to participate in hearings of the various committees.

Earlier during the hearing, Alvarez noted that Garcia, who was a retired police general, had no real experience in the running and maintenance of a train system. Alvarez took issue with Garcia’s claim that his mandate was to make sure the MRT trains were running.

“Hindi mo natanong kung kulang ba (ang coaches?). Ang haba ng pila anong gagawin mo? Di magdagdag ka ng train, di ba? Eh kung ganyan yung nasa isip mo how you will manage MRT 3 na ang laki-laki na ng problema? ibigay mo yan doon sa marunong,” Alvarez pointed out.

Alvarez stressed that the real mission of the MRT 3 train managers is to ensure the convenience of the riding public as well as the safety and cleanliness of the mass transport system.

According to the data of the committee, the original specification of the MRT3 system is designed to serve 300,000 passengers a day with at least 20 trains. At present, MRT3 officials admitted that the system is accommodating an average of 350,000 passengers daily with about 10 trains running.

“Tingnan mo kung convenient ba yung pasahero. Safe ba sa kanila ang pumila ng kahaba-haba? Ilang kilometro yung pila. Ito yung kinakampanya nung Presidente nung eleksyon: nirereklamo niya, kawawa yung mga tao, kahaba ng pila. Nilagay ka diyan para ayusin ng problema,” Alvarez pointed out.

In an ambush interview, Alvarez said he was questioning the competence of Garcia to run MRT 3 but that he was stopping short of asking him to resign.

“Ayokong manawagan,” Alvarez said.

However, Alvarez said that Garcia seemed bent on stepping down from his post.

“Kanina nung tinanong ko,  my last question, kung talagang seryoso. Ang sabi naman niya, oo seryoso siya,” Alvarez said.

Towards the end of the hearing Alvarez asked Garcia if he was serious in his offer to resign.

“Yes, your honor. Medyo pressured na po ako as GM. I’m contemplating getting out,” Garcia said.####

 #onehouseforchange

Photo Caption

MRT3 WOES: Speaker Pantaleon Alvarez reminds officials of the MRT3 at the hearing of the House Committee on Transportation that their principal duty is to ensure that the train service is convenient for the riding public, that it is safe to ride, and that the trains are clean.

APOLOGY ENOUGH?: MRT3 General Manager Rodolfo Garcia apologizes to Speaker Pantaleon Alvarez for raising his voice during the hearing of the Committee on Transportation. Alvarez questioned the competency of Garcia in running the MRT3, saying that its problems seemed to have gotten worse a year after Garcia was tapped to run the mass transit system.