SENATE BILL GIVES P10 B TO TYPHOON VICTIMS AND P 23 M FROM PDAF

Sen. Miriam Defensor Santiago filed two legislative measures Monday to fund relief operations, reconstruction, and rehabilitation of areas devastated by Typhoon Ondoy.

            One of them is Senate Bill No. 3461 appropriating P 10 B to fund disaster management efforts in the wake of the storm that brought record breaking rainfall. Dubbed as the Ondoy Fund, P 8 B of the appropriation will come from the proceeds from the Road Users Tax while the remaining P 2 B will be sourced from local government units.

            “The road tax should have been used for road maintenance and drainage systems in the first place.  What could have been used as preventive measures will now be used as a cure,” Santiago said.

            The senator laid out guidelines in her bill for the allocation of the Ondoy Fund, stating that the priority shall be given to the following:

1)      the construction and repair of various infrastructures such as roads and bridges, and other projects such as drainage works and resettlement centers; and

2)      funding for aid, relief, rehabilitation, and livelihood of the typhoon victims.

Santiago also filed Senate Resolution No. 1378 urging fellow senators to donate at least P 1 million from their Priority Development Assistance Fund (PDAF) to aid the victims of Ondoy.

“The most kickback-prone projects from pork barrels are those involving public works. In this case, we will make sure that there will be full public disclosure of the disbursement of the funds donated for the benefit of the victims of the storm Ondoy,” she said.

She pointed out a December 2004 precedent where 19 senators allocated P 7,050,000 from their PDAF to finance relief operations and reconstruction programs in Aurora and Quezon provinces devastated by a series of storms to hit the country that year.

“Although no senator followed up his or her pledge to my project called ‘one senator, one PGH (Philippine General Hospital) machine’ in 2005, I am confident that my colleagues will heed my call this time with the degree of destruction Ondoy left,” Santiago said.

The senator also appealed to the members of the House of Representatives for the immediate passage of the Disaster Risk Reduction Bill directed at modernizing the equipment of the Philippine Atmospheric, Geophysical and Astronomical Services Administration (PAGASA). It was approved in the Senate on 2 September 2009.

“The devastation wrought by Ondoy underscores the need to modernize the country’s weather forecasting system. PAGASA needs to upgrade its equipment so that we would get early and efficient weather advisories,” Santiago said.

MIRIAM SEEKS END TO ABUSIVE CREDIT CARD PRACTICES

Sen. Miriam Defensor Santiago filed two bills that she said would address consumers’ complaints against abusive practices by credit card companies.

Her Senate Bill No. 3315 seeks to prohibit retail stores from imposing surcharges, extra charges, or additional charges over and above the price tag on the consumer goods and services. 

“Its main purpose is to make retail stores use only one price tag for every product they sell. It also makes the stated price on the tag the same for all customers, whether they are paying cash, credit card, or debit-ATM card,” Santiago said.

Santiago’s bill is derived from the Department Administrative Order No. 10 issued by the Department of Trade and Industry, and the senator said that her bill seeks to give the department order a more permanent status rather than its present form.

“This would ensure stability in its enforcement. The bill also increases the penalties provided in the order, and it includes other methods scheming retailers use to circumvent DAO No. 10,” Santiago said.

Santiago, who filed almost one-fifths of all Senate bills in the Fourteenth Congress, also called for the passage of S.B. No. 3292 which prohibits the delivery of any credit card application, pre-approved written solicitation, or credit card to people under twenty-five years old.

According to Santiago, the availability of credit cards coupled with a young person’s lack of financial experience can easily lead to an accumulation of an overwhelming amount of debt. 

“In times of financial crisis, it is despicable for credit card companies to take advantage of the inexperienced youth unprepared for financial responsibility. This abusive practice must be put to an end,” Santiago said.

MIRIAM HITS HOSPITALS FOR NON-DISCLOSURE OF PRICES

Recognizing the right to choose one’s health care provider, Sen. Miriam Defensor Santiago filed Senate Bill No. 3324 compelling hospitals to reveal the prices of their services. 

Santiago’s bill, also known as the “Hospital Price Disclosure Act,” requires both public and private hospitals to prominently post at each admission site the full disclosure of prices for medicine, and hospital and surgical procedures. 

“With several medical providers to choose from, patients need access to reliable and adequate information to make rational and economical choices,” Santiago said. 

According to Santiago, undisclosed rates of medical care hinder patients from choosing which hospital or health care provider offers good service for less cost. 

“It has been common practice for hospitals to not reveal the costs a patient may incur unless he or she bills out. Because of this, the patient is often shocked at the expense he or she incurs after staying in the hospital,” said the senator. 

The senator said that the treatment of ailments and health conditions such as heart disease would not be possible with home remedies, and would necessitate professional medical care. 

“The power to choose which hospital to go to should be with the patient especially in these times of global economic crisis,” Santiago said.

One-fifths of Senate bills filed by Miriam

Senator Miriam Defensor Santiago filed the most number of bills in the Senate with 704 and co-authored 25 others. 

The senator’s bills almost comprise one-fifths of the 3,868 bills filed by all senators for the Fourteenth Congress. She also topped the list for most number of resolutions filed with 277. 

Santiago, despite her chronic fatigue syndrome, consistently led her fellow senators in submitting the most number of legislative measures since her election in 2004. Her medical condition prompted the senator to file for an indefinite sick leave last year and early this year. 

Notable among her bills is the Anti-Billboard Bill passed by the Senate but ignored by the House of Representatives in the last congress, reportedly because of the influence of a moneyed billboard lobby. 

The measure, which places a strict ban on the billboards that fail to comply with certain size and location requirements, recently passed the committee level as Committee Report No. 85 and is now waiting to be sponsored on the Senate floor. 

Santiago’s Anti-Video Voyeurism Bill passed second reading before the Senate’s sine die adjournment in the wake of the recent Senate investigation on the proliferation of the sex videos involving Dr. Hayden Kho and various women. The bill aims to protect the privacy and dignity of every person by criminalizing photo and video voyeurism. 

Senate Bill No. 1757, or the Clear Sidewalks Act of 2009, sponsored by Santiago and co-authored with Sen. Benigno Aquino III, passed third reading before the adjournment. 

The bill prohibits the use of streets, sidewalks, avenues, alleys, bridges, parks, and other public places for commercial or personal use, and requires citizens to apply for the temporary use of sidewalks for special community-wide occasions and other civic or charitable purpose.

An Act Regulating the Use of Sidewalks for Commercial Purposes

"Clear Sidewalks Act of 2009."

By Senator Miriam Defensor Santiago

(Sponsorship Speech on 27 May 2009)

Mr. President, distinguished colleagues:

“A good city is one with great sidewalks.” This is how Mr. Enrique Peñalosa, former Mayor of Bogota, Colombia, differentiates an advanced city from a backward one. Mr. Peñalosa was credited for turning a deteriorated downtown avenue into a dynamic pedestrian public space. He is now the senior international advisor to the Institute for Transportation and Development Policy of New York. He adds that “In a good city, you must be able to walk to buy milk or bread. If you have to get into a car to buy milk or bread it means the city is not well-designed.”

In our country, sidewalks are occupied by vendors and used as illegal transport terminals. Sidewalks are also blocked by illegal structures such as basketball courts, extensions of business establishments, and of all things, barangay halls. Hence, pedestrians resort to walking on the road. This results to traffic congestions, and worse, accidents.

The Supreme Court has declared in several cases including the 1992 case of Dacanay v. Mayor Asistio Jr. (208 SCRA 404), that:

A public street is property for public use hence outside the commerce of man. The right of the public to use the city streets may not be bargained away through contract. The interests of a few should not prevail over the good of the greater number in the community whose health, peace, safety, good order and general welfare, the city officials are under legal obligation to protect.

Main Features of the Bill

The objective of S.B. No. 1757 or the “Clear Sidewalks Act of 2009”, is to ensure that sidewalks are free from unauthorized commercial or personal use to facilitate the smooth passage of persons and to clear obstructions to vehicular flow.

It defines prohibited acts and sets 2 exceptions along with the procedure for applying for these exceptions. It sets a penalty of either a fine of P1,000.00 or imprisonment for not more than 30 days or both for a violation of its provisions.

Obligations Under the Bill

A. On the part of the government

The municipal or city government is responsible for the implementation of the provisions of this bill. They shall formulate implementing rules and regulations within 30 days from the approval of this bill. Today, it is known that in some local governments, especially in the urban areas, the use of sidewalks for commercial purposes has the inherent blessings of municipal/city or barangay officials. Some collect vendors’ fees, others designate the sidewalk areas as leasable areas for parking and selling of merchandise. The fees are either shared by the municipal or city government or it entirely goes to the barangay where the sidewalk areas are located.

The effectiveness of implementation would therefore hinge on the local governments’ political will and the consequent sanctions they stand to receive for their failure to implement the law.

B. On the part of the citizens

The bill prohibits the use of streets, sidewalks, avenues, alleys, bridges, parks and other public places for commercial or personal use. The bill requires citizens to apply for the temporary use of sidewalks for either community wide special occasions or sales promotion days or civic or charitable purposes.

Benefits of the Bill to the Country

Walkable streets and pedestrian cities is the core concept of livable communities. By clearing our sidewalks, we not only reduce traffic congestion and accidents, we also save ourselves from inflating transportation costs since walking is still the cheapest form of going from one point to another. People can also enjoy healthier lives as they get a regular dose of exercise.

For these reasons, I humbly recommend that this Senate should approve Senate Bill No. 1757.

MIRIAM: PROSECUTE HAYDEN KHO FOR ‘PSYCHOLOGICAL VIOLENCE’

Senator Miriam Defensor Santiago today said that Dr. Hayden Kho can be prosecuted under Republic Act No. 9262, or the Anti-Violence Against Women and Their Children Act (VAWC), for committing “psychological violence” against actress Katrina Halili. 

Halili accused Kho of videotaping their sexual encounters without her knowledge and consent. The videos have since surfaced in the internet and copies in DVD format are being peddled in the streets. 

Under the VAWC, “psychological violence” refers to acts or omissions causing or likely to cause the mental or emotional suffering of the victim, such as but not limited to intimidation, harassment, stalking, damage to property, public ridicule or humiliation, repeated verbal abuse, and mental infidelity. 

Santiago said that under the law, a person who has or had a sexual or dating relationship with a woman is guilty of committing psychological violence against her through acts causing her mental or emotional anguish, public ridicule, or humiliation. 

According to Santiago, if Kho is found guilty by a trial court of committing psychological violence against Halili, he faces from 6 years and 1 day to 12 years imprisonment, and a fine of not less than P100,000 but not more than P300,000. He must also undergo mandatory psychological counseling or psychiatric treatment under the watchful eye of the trial court. 

Santiago said Kho cannot escape criminal liability by claiming the defense of insanity. According to media reports, Kho allegedly attempted suicide in the past. 

“The Supreme Court has already ruled in countless cases that insanity exists when there is a complete deprivation of intelligence in committing the act,” Santiago explained.  

“For the defense of insanity to be persuasive to the court, the accused must be completely deprived of reason or acts without the least discernment, because of a complete absence of the power to discern or total deprivation of the freedom of the will,” she explained. 

The sex video that leaked in the internet clearly shows that Kho set up the camera, carefully angled it, and positioned Halili so that their act would be caught on tape.  

“The whole episode would require intelligence, care, planning, and subterfuge. That is contrary to the definition of insanity as ‘total deprivation of freedom of the will,’” Santiago said.  

“Before the alleged filming of the video, Dr. Kho was somewhat of a minor celebrity who had been frequently interviewed on national television and seen in public events. In none of his public appearances did he conduct himself in a manner that would suggest insanity,” she said. 

“The presumption of law is always in favor of sanity. The defense must prove that the accused was insane at the time of the commission of the crime for the accused to be exempted from criminal liability,” Santiago said. 

The feisty senator, who is a former trial court judge, also said that even those who sell, give away, or exhibit the sex videos are liable under Article 201 of the Revised Penal Code. They face from 6 years and 1 day to 12 years imprisonment, or a fine ranging from P6,000 to P12,000, or both imprisonment and fine. 

Even before this scandal erupted, Santiago already filed a bill to criminalize photo and video voyeurism.  

Photo and video voyeurism is the act of capturing an image of the private area of an individual without their consent, and knowingly doing it under circumstances in which the individual has a reasonable expectation of privacy. 

Santiago filed Senate Bill No. 1100, or the “Anti-Video Voyeurism Act,” last 4 July 2007. Senator Francis “Chiz” G. Escudero’s Committee on Justice and Human Rights has already conducted public hearings on the bill, and has submitted to the plenary Committee Report No. 65 last 2 June 2008. The legislative measure is still waiting to be calendared in the Senate plenary session. 

Santiago, as principal author of the bill, and Escudero, as chair of the committee that conducted public hearings on the bill, are co-sponsors of the measure. 

“Under my bill, it is not even necessary that the photo or video shows the aggrieved person engaging in sexual intercourse,” Santiago explained. “As long as a private area of the victim is visible in the photo or video, whoever captured the image without the consent of the victim, or captures the image with his or her consent but broadcasts the image without his or her written permission, is liable under this act.” 

The bill defines the “private area of the individual” as the naked or undergarment clad genitals, pubic area, buttocks, or female breast. 

“For the victim, it is obviously very embarrassing and degrading to be photographed or videotaped in a compromised situation. It is a form of invasion of personal privacy,” Santiago said.  

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: 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.

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: NAME SOLONS IN SECRET BUDGET INSERTS

Sen. Miriam Defensor Santiago, vice-chair of the Senate finance committee, said that if congressional insertions are made on the floor in plenary session, they are regular; but if they are made at the secret bicameral meetings, they are irregular and their authors should come forward and identify themselves.

She said that apparently, Senate President Manny Villar initiated the congressional insertion during the period of amendment on the floor in plenary session, which renders it regular.

Santiago issued the dare to other solons during the public hearing yesterday on the budget process, particularly on the alleged double entry for the C-5 extension project.

The exasperated Santiago issued the call for solons to identify themselves voluntarily, after budget secretary Rolando Andaya, Jr. refused to release the names of the legislators who made the congressional insertions, during the bicameral meetings.

Andaya also failed to give Santiago his estimate of the total congressional initiatives, after admitting that in the public works budget alone, the initiatives totaled P17.5 billion.

On Santiago ’s question, public works secretary Hermogenes Ebdane said that the total budget cost of the controversial Garcia Ave. Extension from SLEX to Sucat road, including right of way, is P 4.49 billion.

During the hearing, Santiago and Sen. Juan Ponce Enrile, chair of the Senate finance committee, disagreed on the respective roles of the President and the Congress in jointly exercising the “power of the purse.”

Enrile said that the President’s budget is merely a working draft, and is not binding on Congress.

Santiago said that since the President’s budget is the result of the collective expertise of the budget department, finance department, and the NEDA, it should be respected and, as much as possible, should be left intact.

“Massive congressional insertions embedded in the 2008 budget during the secret bicam meetings changed beyond recognition the priorities observed by the executive branch,” she said.

The feisty senator said that she respectfully dissented from Enrile’s view, “at the risk of being smacked by my elder and better.” The two senators were seated side by side, but were amicable.

Santiago said budget amendments made on the floor are regular, but if made in the secret bicam meetings, they are “devious and suspicious.”

Santiago said that this week she will file her bill called Legislative Transparency and Accountability Act of 2008, with certain features which she strongly advocated during the hearing.

“Congressmen who propose an earmark should be identified,” she said.

Santiago said all bicameral conference committee reports should include a list of all earmarks in the budget.

“To observe the constitutional duty of transparency, the bicameral conference committee report on the budget, including the list of earmarks, should be made available to the Senate and to the general public on the internet for at least 24 hours before its consideration in plenary session,” she said.

Santiago said that every earmark proposal should be accompanied by an explanation of its essential government purpose.

“I am also considering adopting the American law and filing a Funding Accountability and Transparency Act,” she said.

Santiago said that her second bill will require the DBP to create a searchable data base of all government-appropriated funds and their recipients.

In her opening statement at the hearing, Santiago told the TV audience that what we in the Philippines call “congressional insertions” are in the U.S. called “earmarks.”

“Even in the U.S. , the executive and legislative branches cannot agree on the definition of ‘earmarks,’ which we call congressional insertions,” she said.

Santiago said that on the one hand, the U.S. executive branch, through the Office of Management and Budget, defines earmarks as “funds provided by the Congress for projects where the congressional direction circumvents executive branch merit-based or competitive allocation processes, or specifies the location or recipient, or otherwise curtails the ability of the executive branch to manage critical aspects of the fund’s allocation process.”

Santiago said that on the other hand, the U.S. legislative branch, through the Congressional Research Service, defines an earmark as a provision that specifies certain congressional spending priorities and may appear either in the text of the budget or the report of the bicameral conference committee on the budget.

“The issue of congressional insertions is paramount. Thus, earmarks figured in the first round of the U.S. presidential debate between McCain and Obama, and earmarks are being raised as an issue against vice-presidentiable Sarah Palin,” she said.

MIRIAM PUSHES FOR PHILIPPINE STANDARD TIME

It’s about time.

Aiming to synchronize the functions government agencies through a single time reference, Sen. Miriam Defensor Santiago filed Senate Bill No. 2535, also known as the One Time Philippines Act.

“Discrepancies in time between government agencies have led to unnecessary friction brought about by the disparate interpretation of schedules and their observance,” Santiago said.

Under the proposed law, all government offices, government-owned corporations and local governments are compelled to observe and maintain their schedules according to a Philippine Standard Time (PST). The bill also encourages the private sector to follow suit.

“A definite time reference would remove inefficiencies brought about by different interpretations of time, particularly among government offices,” Santiago said.

The bill mandates the Philippine Atmospherical Geophysical Services Administration (PAG-ASA) to establish the PST. Presidential Decree No. 78 has designated PAG-ASA as the official time service agency of the country.

Santiago recently secured new Senate rules to punish absent or late senators, and to prevent them from delaying the passage of bills. The Senate also approved her motion for sessions to start promptly at 3:00 p.m.

MIRIAM BATS FOR REGIONAL LABOR COURTS

Just before Labor Day, Senator Miriam Defensor Santiago filed Senate Bill No. 2207 to abolish the National Labor Relations Commission (NLRC) and instead create regional Courts of Labor Relations

“With courts in every region, the workers are assured of their constitutional right to speedy disposition of their complaints, and the employers will be spared long and costly litigation,” she said.

As of June of last year, the NLRC had a backlog of 7,736 cases—5,000 more than the preceding year.

The senator points out that the delay is due to a number of reasons. The first reason for delay is that of the 155 incumbent labor arbiters, 53 are assigned as “reviewers” in the Office of the Commissioners.

This leaves half of the labor arbiters to hear and resolve the average 31,000 cases filed per year in the arbitration branches.

Santiago said another cause for the delay in the disposition of labor cases was the Supreme Court decision in St. Martin Funeral Home v. NLRC where the Court allowed the Court of Appeals to review the decisions of the NLRC, adding another appellate body to review the decisions of the labor arbiters.

“In effect, the gestation period of labor cases was drastically increased, raising the frustration of both the workers and employers,” the senator said.

Santiago said that the slow disposition of labor disputes in the country produces a negative and crippling effect on our economy.

“One of the causes for the reluctance of foreign investors to come here is Philippine labor unrest. It is one of the causes for the pullout of businesses which relocated to other Asian countries,” she said.

To shorten the period of labor dispute resolution while complying with the Supreme Court’s ruling in the St. Martin case, Santiago proposes the establishment of regional Courts of Labor Relations, whose decisions and final orders will be directly appealable to the Court of Appeals. Under S.B. No. 2207, labor arbiters will be appointed judges of the Regional Court of Labor Relations, performing their functions under the disciplinary supervision of the Supreme Court.

The bill also aims to remove the exemption of labor cases from the Alternative Dispute Resolution Law, further shortening the resolution of labor disputes.

“Justice delayed is justice denied. This bill seeks to effectuate the constitutional right to a speedy trial, specially for our labor sector,” Santiago said.

-End-

News Release

10 August 2007

MIRIAM WANTS DEP’T. STORES, SUPERMARKETS, DRUGSTORES NATIONWIDE TO IMPLEMENT PLASTIC BAG RECYCLING PROGRAM

Senator Miriam Defensor Santiago today urged retail stores all over the country to implement a massive plastic bag recycling program.

Santiago’s bill, Senate Bill No. 1443 or the “Plastic Bag Recycling Act,” was filed today.

According to the senator, the amount of plastic bags dumped as garbage every year has become a global environmental problem.

“Every year, four to five trillion plastic bags are used worldwide, with billions of bags ending ups as litter,” she said. “Almost all these bags are non-biodegradable. Non-biodegradable plastic bags take from 500 to 1,000 years to disintegrate.”

“These plastic bags contaminate soil and waterways, and enter the food web when animals accidentally ingest them,” Santiago said. “The plastic bags that end up in the ocean have been documented to harm at least 267 marine species. They are especially lethal to sea turtles.”

“During the rainy seasons, these plastic bags clog drainage systems, causing floods,” Santiago explained.

Santiago’s bill mandates stores which have gross sales of over P100,000 each month to establish an “in-store” recycling program for the plastic bags they provide consumers.

“The bill will cover department stores, boutiques, supermarkets, big groceries, and drugstores, all of which provide consumers with plastic bags to store or transport goods at the point of sale,” Santiago said.

The bill requires that the plastic bags provided by stores to their customers be emblazoned with the following words: “Please return to a participating store for recycling.”

Stores will be required to place a plastic bag collection bin in their premises. The bin must be visible, easily accessible to consumers, and clearly marked that it is available for the purpose of collecting and recycling plastic bags.

Further, stores are mandated to recycle all the plastic bags they collect. They are also required to keep records describing how they collect, transport, and recycle the plastic bags. The Department of Environment and Natural Resources and the local government concerned are empowered to examine these records to determine compliance by the stores.

The bill proposes stiff penalties to stores that violate its provisions. A fine of P100,000 for the first violation, P200,000 for the second violation, and P300,000 for the third and subsequent violations shall be imposed on retail stores that do not comply with the Act.

“The stores can sell reusable bags to their consumers to replace single-use plastic bags or paper bags,” the senator said. “After all, the purpose of my bill is to encourage the use of reusable bags and to significantly reduce, if not totally eliminate, the consumption of single-use plastic bags.”

“Plastic bags have only been around for 50 years. In the United States, department stores started using plastic bags only in the late 1970s and grocery chains in the early 1980s,” she said. “The harm they have caused the environment in these 50 years has been incalculable,”

“I call on environmental groups to support my bill. Lobby your favorite senator or congressperson to pass this bill into law,” Santiago said.

“Retail stores, especially the big department stores, will be demonstrating corporate responsibility by supporting my bill,” she said.

-o0o-

Press Release

3 July 2007

MIRIAM, MANNY, SERGE: SENATE’S TOP 3 WORKERS

The Senate Bills and Index Service said that the highest number of bills and resolutions in the outgoing Thirteenth Congress was filed by Senators Miriam Defensor Santiago, Manny Villar, and Sergio Osmeña.

A bill is the first draft of a proposed law, while a resolution is a call for an inquiry in aid of legislation, also known as congressional investigation.

Senate records show that the top three hardest working senators filed the following bills and resolutions: Santiago – 658, Villar – 592, and Osmeña – 391.

The highest number of bills was filed by the following: Santiago – 513, Villar – 508, and Osmeña – 353.

However, the highest number of resolutions was filed by a different set of senators, also led by Santiago – 145, and include Francis Pangilinan – 108, and Jamby Madrigal – 94.

“The statistics are significant in evaluating Senate performance. But the most important factor is not quantifiable – the quality of the senator’s participation in the Senate debates. This can only be revealed by an assiduous tracking of the daily debates in the Senate Journal,” Santiago said.

Santiago said that significant statistics include not only the number of bills and resolutions filed, but also the number of bills sponsored during Senate debates, during which the senator who is chair of the committee sponsoring the bill answers queries from his colleagues.

“Contrary to the pompous pronouncements of some analysts, the senator’s voting record is not necessarily a measure of integrity, unlike in the United States, where the senators vote along party and ideological lines. Here, senators tend to vote according to the line that is popular at the time, or that will advance their personal interest, or the interest of a lobby group,” Santiago said.

But Santiago said that the number of bills and resolutions filed indicates that “at least the senator is doing his basic homework.”

The rest of the senators, in the order of the bills and resolutions filed, are: Senators Jinggoy Ejercito Estrada – 338, Luisa Ejercito Estrada – 256, Edgardo Angara – 226, Kiko Pangilinan – 192, Ramon Magsaysay Jr. – 188, Aquilino Pimentel Jr. – 184, Ralph Recto – 168, Juan Flavier – 164, Mar Roxas – 160, Richard Gordon – 151, Jamby Madrigal – 143, Rodolfo Biazon – 139, Ramon Revilla Jr. – 130, Franklin Drilon – 127, Pia Cayetano – 121, Alfredo Lim – 113, Panfilo Lacson – 105, Manuel Lapid – 105, Juan Ponce Enrile – 102, and Joker Arroyo – 55.

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