MIRIAM WANTS NUTRITIONAL CONTENT INCLUDED IN FOOD MENUS

Sen. Miriam Defensor Santiago proposed a law that would require fast food chains, restaurants, and other food service establishments to post the nutritional content of their menu items in their stores.

“At present, consumers are unable to make informed choices as to which menu item is more nutritious as opposed to others in food service establishments, leading to unhealthy eating patterns,” Santiago said.

Senate Bill No. 2682, also known as Nutritional Content in Menu Boards Act, aims to increase awareness of the consumers when eating out.

Santiago said that putting calorie and nutrient information on menu and menu boards fulfills the Constitutional mandate for the state to protect and promote the right to health of the people and instill health consciousness among them.

“Nutrient content information provided at the time of food selection in food service establishments would enable consumers to make more informed, healthier choices and can reasonably be expected to reduce the many related health problems uninformed choices make,” she said.

Santiago’s bill requires menu boards and menus in food service establishment to conspicuously contain the caloric and nutrient content in each serving size or other unit of measurement of the food such as total fat, saturated fat, cholesterol, sodium, sugars, dietary fiber, total protein, and any vitamin or mineral.

The proposed law also mandates the Department of Health to issue compliance certificate, renewable every three years, to food service establishments.

MIRIAM SAYS MOSCOW CASH MAY BE FROM COPS’ “PATRONS”, WANTS NAPOLCOM REORG

Sen. Miriam Defensor Santiago said that the cash caught by Moscow customs officials from retired Philippine National Police (PNP) Director Eliseo de la Paz last Saturday may have come from “police patrons.”

“The source of the money should be clarified—if it is public money, then the question is, who authorized it. If it is private money, where did it come from?” she said.

Santiago, vice-chair of the Senate Committee on Finance, wants the Senate to investigate why De la Paz was carrying an excessive amount of money for a PNP-sanctioned foreign trip.

“He could have deposited it to the PNP’s account, if there was any, and only carry the amount needed to pay for airport fees and other expenses on their way back to the Philippines,” Santiago said.

The senator also called for the reorganization of the National Police Commission (Napolcom) through Senate Bill No. 2269. She wants Napolcom to have more control over the PNP on top of its administrative and supervisory functions.

“It has to be given more teeth rather than just be a paper tiger,” Santiago said.

Under Santiago’s proposed law, the Napolcom will take full charge of PNP’s operations relating to public safety. It will also have direct influence over matters the as such the PNP’s budget, and the standards of appointment, performance and activities of police personnel.

MIRIAM: US POLLS TO IMPACT VFA, WORLD CRIMINAL COURT

Senator Miriam Defensor Santiago, chair of the Senate foreign affairs committee, said that the upcoming US presidential elections will likely result in US policy changes on the RP-US Visiting Forces Agreement (VFA) and the ratification of the Rome Statute creating the International Criminal Court (ICC).

Santiago said that if Barak Obama is elected, it is likely he will take a more pro-Filipino position on the issue concerning the presence of US soldiers in the Philippines under the RP-US VFA.

“Obama grew up in Indonesia , and has been presumably inculcated with the Asian desire for full sovereignty in his nation’s territory, unhampered by any controversial presence of visiting forces,” the senator explained.

Santiago is also pushing for Senate concurrence on the Rome Statute creating the ICC. Under the Constitution, a treaty or international agreement must be concurred in by at least two-thirds of the members of the Senate to be binding on the Philippines .

The ICC is an independent and permanent court that tries persons accused of the most serious crimes of international concern, namely genocide, crimes against humanity, war crimes, and the crime of aggression.

The Bush administration has refused to ratify the Rome Statute on the ground that it is harmful to US national interests and “legitimate activities” of the US military abroad.

Santiago believes that a change in US leadership will likely pave the way for US ratification of the Rome Statute.

“Even under the Bush administration, the US seems to be rethinking its policy to favor the Rome Statue because of the situation in Sudan ,” Santiago said.

The US government under Bush has acknowledged that the ICC may be the only effective tool for bringing accountability for the atrocities in Darfur .

Santiago also noted that since 2003, the Bush administration has issued no statement against the Rome Statute.

Like the US , the Philippines has yet to ratify the Rome Statute. Malacañang still has to transmit the treaty to the Senate for ratification even though the Philippines has been a signatory of the treaty since 28 December 2005.

Santiago today filed Senate Resolution No. 710 urging President Arroyo to transmit the Rome Statute to the Senate for ratification proceedings.

In 2005, the Supreme Court ruled in the case of Pimentel v. Office of the Executive Secretary that neither the Senate nor the Supreme Court can compel the President to transmit the signed text of the Rome Statute to the Senate. The President has sole discretion in initiating the ratification proceedings of a treaty.

MIRIAM: JAIL FOR BILLBOARD OWNERS, USERS

Sen. Miriam Defensor Santiago said that billboard owners and users should be prosecuted and jailed for the physical injuries to five people and property damage caused by illegal billboards that collapsed last Monday along Edsa.

Santiago was principal sponsor of the Anti-Billboard Bill passed by the Senate but ignored by the House of Representatives, reportedly because of the influence of a moneyed billboard lobby.

Under the Rules, since the bill failed to pass the 13th Congress, it must be refiled and pass both chambers all over again in the present 14th Congress.

“This recent man-made calamity could have been avoided if the House had passed my bill. But there was a conspiracy to let it die a natural death,” Santiago said.

Santiago bitterly attacked an alleged billboard lobby for launching a media blitz against her bill, and working with certain representatives so that no action would be taken in the lower House.

“These illegal billboards have killed innocent people over several years. Under the police power of the state, they could even be banned outright. Corporate greed is driving these billboards, because the law is too liberal. Radical problems need radical solutions,” Santiago said.

Santiago said that at first, the billboard groups cooperated with her billboard subcommittee, but when she refused to water-down her original bill, they turned against her.

The senator said that media is afraid to take up the anti-billboard advocacy, because even its own advertisers are using the billboards.

“Advertising is acceptable, provided it takes a form that does not endanger lives and property,” she said.

She said that under existing laws, any person involved in the construction and use of illegal billboards can be sent to jail and ordered to pay damages to the victims who have suffered injuries.

MIRIAM WANTS BETTER NURSING TEACHERS

After the ratification of the Japan-Philippines Economic Partnership Agreement (Jpepa) was concurred by Congress, Sen. Miriam Defensor Santiago proposed more government programs to improve the quality of nurses the country produces.

Santiago's Senate Bill No. 2555, or the Nurse Faculty Higher Education Act, aims to provide scholarships to qualified Filipino nurses who plan to advanced degrees and be part of the nursing faculty.

The bill also seeks to provide grants to accredited nursing schools and hospitals or health facilities for the development of educational programs such as clinical simulation laboratories and distance learning technologies. Grants to hospitals, health facilities and schools will also be used for salaries and paid leaves for qualified nurses enrolled in graduate nurses programs.

By improving the instructors in nursing schools, Santiago's bill also aims to address the steady decline of nursing board passers in the last five years. Of the 64,459 nursing graduates who took their licensure exams last June, only 27,765 or 43.07 percent passed, which is lower than that last December's 43.45 percent.

"Due to the increase in enrollment, our nursing education system is hard pressed to catch up with the demand. The current faculty shortage will be greatly compounded in the next few years by the retirement or migration of many of the current nurse faculty," Santiago said.

Santiago said that the Filipino nurses has much to gain from the Jpepa because of Japan's ageing population, and that this is a big opportunity since this would be the first time that Japan allows the deployment of Filipino health-related professionals in their labor market.

JPEPA FLAWED, BUT OK WITH CHARTER

Sen. Miriam Defensor Santiago, chair of the foreign relations committee and principal sponsor of the Jpepa said that it is “flawed,” but can pass the test of constitutionality.

Santiago made the statement after the Senate concurred in the ratification of the Jpepa at nearly midnight last Wednesday, the last day before Congress takes a one-month break.

During interpellation, Santiago said she had insisted to the executive branch that a supplemental agreement should contain three exemptions from Jpepa, but only one was secured.

The supplemental agreement was made by an exchange of notes between foreign affairs Sec. Alberto Romulo and Japanese foreign minister Masahiko Koumura.

“After months of locking horns, our negotiators were able to get only one of the three exemptions that are necessary to make the Jpepa airtight in protecting Philippine interests. For now, the exemption obtained will enable Jpepa to pass Supreme Court scrutiny,” she said.

Santiago said she sought to limit Jpepa by three proposals, but only one was accepted by Japan.

“ Japan accepted the first proposal, but insisted on using language that should have been left out. We shall have to trust that it will observe these exemptions in good faith,” she said.

The first Santiago proposal was that the Jpepa shall observe all existing Philippine constitutional provisions, laws, and rules and regulations concerning investment activities

The second Santiago condition was that the Jpepa shall observe any future Philippine laws, including those passed by Congress, local governments, and administrative agencies.

“My second proposal was temporarily shelved, with a commitment by Japan that in the near future, it shall accept negotiations to amend Jpepa,” she said.

The third Santiago proposal was that Jpepa shall observe any act of Congress or any Supreme Court decision limiting the President’s delegated power to set tariffs applicable to RP-Japan trade.

“This third proposal was also shelved, with the Japanese commitment that it will be considered during future negotiations for amendment,” she said.

Sen. Francis Pangilinan said that by next year, he would file a resolution requesting the Office of the President to renegotiate Jpepa in order to amend it, by incorporating the three Santiago proposals.

“Unfortunately, we operate in the world as it is, not as it ought to be. Just the first proposal alone exhausted and endangered the health of trade Sec. Peter Favila, who was the lead negotiator,” she said.

But Santiago said she is confident that if questioned in the Supreme Court, the Jpepa will pass the test of constitutionality, because it has been modified by the August exchange of notes between the two governments.

“Under the Vienna Convention on the Law of Treaties, an exchange of notes, if so intended, is in itself a treaty binding on the parties. The Senate resolution of concurrence provides that concurrence is conditioned on the exchange of notes,” she said.

The first exchange of notes was on the Japanese commitment not to export hazardous wastes to the Philippines .

The second exchange of notes was on the observance by Jpepa of all Philippine constitutional provisions that require Philippine citizenship in certain investment activities.

Before the voting, Santiago was grilled on constitutional and legal issues by Sen. Aquilino Pimentel, Sen. Francis Pangilinan, and Sen. Jamby Madrigal.

Undecided senators like Sen. Loren Legarda said that after Santiago answered the interpellation on constitutional and legal issues, they decided to vote for the treaty, because it appears that it now has bright chances of being declared constitutional, if it is brought to the Supreme Court.

Santiago had earlier warned that if the Supreme Court declares Jpepa as unconstitutional, under international law, Japan would have the right to seek damages before an international tribunal.

During interpellation, Santiago paid tribute to the Jpepa opposition, particularly the Magkaisa Junk Jpepa Coalition, whom she said provided “helpful insights” on the treaty.

Santiago said she tried “to do better than my best” during the interpellation in order to obtain the required two-thirds majority vote, before she leaves for the United Nations in New York, where elections for the International Court of Justice to which she has been nominated, will be held on November 6.

While Santiago defended the treaty on the floor, her husband, Sec. Narciso Santiago, Jr., presidential adviser for revenue enhancement, was undergoing surgery for bleeding ulcers at St. Luke’s Medical Center in Quezon City .

To questions from her fellow senators, Santiago said that the surgery was successful, and her husband is expected to be discharged soon.

MIRIAM TO OMBUDSMAN: PROBE MELAMINE SMUGGLING

Sen. Miriam Defensor Santiago, vice-chair of the Senate finance committee, asked Ombudsman Merceditas Gutierrez to investigate alleged smuggling of melamine-laced milk from China , and file the proper charges against officials responsible.

“That is part of the Ombudsman’s function of general investigation and monitoring,” she said.

Santiago said that in particular, the Ombudsman should investigate the “apparent complicity or incompetence” of the customs deputy commissioner for enforcement, the chief of the intelligence and investigation services, and the chief of the national customs police.

Santiago issued the instructions during the public hearing on the budget yesterday morning.

She also directed the Ombudsman to provide her with a list of high government officials or highly publicized public figures who have been charged, investigated, and prosecuted.

In the same hearing, Santiago asked Commissioner on Human Rights Leila de Lima to account for cash advances of some P23 million which were unliquidated as of 31 December 2007.

De Lima said that the cash advances included foreign travel, including 12 foreign trips last 2007 by former Com. Purificacion Quisumbing.

Santiago also questioned why there is a provision in the CHR budget of P7 million for subsidies and donations both in 2007 and 2008.

At the same hearing, Santiago asked ARMM Gov. Datu Zaldy Uy Ampatuan to account for unliquidated cash advances, including: P269 million in Basilan; P152 million in Sulu, P800,000 in Lanao del Sur, P31.6 million for Tawi-Tawi; and P78 million in Marawi City.

She asked the ARMM governor to furnish a complete physical inventory of plants, properties, and equipment in connection with which P242 million remains unaccounted for.

Santiago also pointed out that contrary to law, no public bidding was made for office supplies and equipment amounting to P52 million in Lanao del Sur, and amounting to P800 million in Marawi City .

The senator sid that ARMM schools remained the “worst performers” in the National Achievement Test for Grade 6 pupils, and asked the ARMM governor to arrange for construction of new classrooms.

END PRACTICE OF POLITICAL RECOMMENDATIONS - MIRIAM

Senator Miriam Defensor Santiago, an award-winning graft buster, filed a bill to put a stop to the practice of political recommendations by public officials in appointing persons to government posts.

“This practice perpetuates the “padrino system”, which allows the appointment of unqualified individuals to government positions over those who are already qualified on their merits,” Santiago said.

Santiago says Senate Bill No. 2616, or the Anti-Political Recommendation Act, aims to strengthen the country’s bureaucracy by granting the appointing agencies their rightful discretion over their employee management and making sure that such decisions are made without political influence.

Under that bill any public officer or employee is prohibited from making recommendations for the appointment, promotion, assignment, transfer or designation of any person to a government position, and also punishes those who requests or solicits political recommendations. Exempted from the proposed law are requests for performance evaluations and requirements for government employment

Those proven guilty of the offense will be fined and imprisoned for not less than a year. They will also be subject of removal or dismissal from public office even without criminal prosecution.

MIRIAM SEES CHACHA NEXT YEAR, IF . . .

Sen. Miriam Defensor Santiago said that the Supreme Court holds the key to whether the charter change process will start next year.

“In general, the House of Representatives is in favor of charter change, while the Senate opposes. Which of these chambers will prevail will ultimately be decided by the Supreme Court,” she said.

Santiago was guest speaker yesterday at Our Lady of Fatima University in Valenzuela City.

Santiago said that the House and the Senate are directly opposed on the issue on how to compute how many votes will be needed to convert Congress into a constituent assembly.

Santiago said the Constitution provides that it can be amended by ¾ votes of the Congress, and the issue is how to compute the ¾ votes.

“The House position is that first we should compute the total number of Congress members, which is 261 votes in all. If so, then only 195 votes are needed to change the charter,” she said.

Santiago said that the Senate objects to the House position, because it would mean that a senator has just the same vote as a representative, and because there are more representatives, the House will be able to outvote the Senate.

“By contrast, the Senate position is that charter change needs ¾ of the House, meaning 178 votes; plus ¾ of the Senate, meaning 17 votes,” she said.

Santiago said that even former Supreme Court justices and constitutional convention delegates are divided on the answer to this issue.

“The authoritative answer to this paramount threshold question can only be given by the Supreme Court,” she said.

Santiago said that as a constitutional law professor, in general she opposes any charter change, unless there are compelling reasons.

“One compelling reason for charter change is the imperative necessity to change the nationalistic provisions, in order that the Philippines can be globally competitive,” she said.

Santiago noted that many foreign firms do not want to invest in the Philippines , because the Constitution only allows them minority control of their own corporations.

“The second reason for charter change is the necessity to change from a unitary to a federal form of government, in order to solve the long-standing issue of Muslim separatism,” she said.

Santiago said that in a federal system, as in the US , each state is a virtual state within a state, resulting in a “system of dual sovereignty.”

“But we have to be extremely careful that in a federal system, the Constitution shall prohibit absolutely any right of secession. The absence of such a prohibition might cause a civil war, as it did in the US ,” she said.

MIRIAM HITS JUDGE FOR P1B UNPAID COMELEC FUNDS

Sen. Miriam Defensor Santiago questioned a Makati RTC judge for giving due course to a petition which will delay the payment of some P1 billion to the Comelec.

At the Comelec budget hearing, Santiago learned that Judge Winlove Dumayas has given due course to a petition from Mega-Pacific eSolutions, Inc. which will delay refund to the Comelec of some P1 billion, or the rejection of automated counting machines.

“The Supreme Court decision has become final and executory. It is unusual for a mere trial judge in effect to grant a motion for reconsideration from a Supreme Court decision which has already become final,” she said.

Santiago directed Comelec Chair Jose Melo to take legal steps to collect some P260 million from Philippine MultiMedia Systems, for a similarly voided contract.

“People who appeared to have defrauded the Comelec in effect are getting away with Comelec money, which the courts have rendered final and executory. Those suppliers must be very influential,” she said.

At the same budget hearing, Court of Appeals Presiding Justice Conrado Vasquez, Jr. said that the CA received 17 to 20 applications for the writ of amparo, and granted only one to two applications.

Vasquez also said that only one application for writ of habeas data was filed, which was included in a petition for a writ of habeas corpus and writ of amparo.

“It appears either that the public are not yet fully aware that these two new writs are available, or that the applications are unmeritorious,” Santiago said.

MIRIAM TO SC: REPLACE BAR WITH ADMISSION TEST

Sen. Miriam Defensor Santiago appealed to the Supreme Court to implement her proposal made last year that the exams should be replaced by a law school admission test (LSAT).

“With the bar examination, we tell a failed student that after eight years of college, he cannot practice law. We’re wasting lives. With the LSAT, we tell the student that he should not even enter law school, if he does not have the aptitude for it,” she said.

Santiago made the statement during the budget hearing for the Supreme Court.

In the same hearing, Santiago asked the Comelec to explain why until now the collection of some P1 billion has not been completed from Mega-Pacific eSolutions, Inc., which was required to return the purchase price for automated counting machines, after the Supreme Court invalidated the contract.

Santiago also asked the Comelec to explain why until now, Comelec has not fully recovered some P260 million from the Philippine Multimedia Systems, for a similarly voided contract.

The senator also questioned Comelec for paying in full some P78 million in laminated voters ID, when the supplier has not yet fully complied with the contract.

Santiago said that in the last two elections the local voter turnout was less than 80 percent, but the Comelec procured supplies at 100 percent, plus ten percent contingency.

“If Comelec had been more scientific in estimating voter turnout, we could have saved some P 680 million,” Santiago said.