The document summarizes the proceedings of the 48th session of the Senate of the Republic of the Philippines on February 3, 2014. It notes that 21 senators were present and approved dispensing with the reading of the previous session's journal. Various bills and resolutions were introduced and referred to committees. The Senate also discussed continuing consideration of Senate Bill No. 2043 to establish the Maritime Industry Authority as the single maritime administration responsible for implementing international conventions on seafarer training and certification standards from 1978. Various committee amendments to the bill were approved.
SESSION NO. 28
Tuesday, October 3, 2017;
REPUBLIC OF THE PHILIPPINES
Pasay C ity
Journal
SESSION NO. 28
Tuesday, October 3, 2017
SEVENTEENTH CONGRESS
SECOND REGULAR SESSION
“There can be only one Captain to a ship.”
- Dr. Thomas John Barnardo
“If the highest aim of a captain were to preserve his ship, he would keep it in port forever.” – St. Thomas Aquinas
“The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” - William A. Ward
SESSION NO. 28
Tuesday, October 3, 2017;
REPUBLIC OF THE PHILIPPINES
Pasay C ity
Journal
SESSION NO. 28
Tuesday, October 3, 2017
SEVENTEENTH CONGRESS
SECOND REGULAR SESSION
“There can be only one Captain to a ship.”
- Dr. Thomas John Barnardo
“If the highest aim of a captain were to preserve his ship, he would keep it in port forever.” – St. Thomas Aquinas
“The pessimist complains about the wind; the optimist expects it to change; the realist adjusts the sails.” - William A. Ward
WPC 28115/2006 Pokkuvaravu of harrison plantation property allowed uploaded by James Joseph Adhikarathik 9447464502 From the judicial decisions of this court, enumerated in the forgoing paragraphs, it is clearly evident that despite attempting various litigations and raising varioius contentions challenging title of the 7th respondent company and the transfers made by them, the Government could not initiate any statutory proceedings under any of the relevant laws for recovery of the land or to get it established that Government holds title over the property. Legal precedents with respect to the Transfer of Registry Rules remains settled to the effect that, with respect to a transfer of title by consent of parties, mutation cannot be rejected. Further, it is evident that mutation effected will not affect the title or rights with respect to any property. Therefore, unless the Government could establish with concrete evidence based on materials that title of the property in question vests with the Government, they cannot be allowed to refuse or reject the request for mutation, based on transfer of title by consent. In both these cases the request for mutation is rejected on the basis that the Government have got a claim that the 7th respondent company and its transferees were not holding valid title. But such an allegation by itself is not sufficient to deny the mutation requested. This is especially because of the fact that the properties in question stands already mutated in the name of the 7th respondent company and its transferees, as per the revenue records. Unless and until the Government establishes through methods acceptable to law that the Government is title holder of the property and there is no absolute transfer of title by virtue of the documents relating to transaction of the properties, the denial of mutation cannot be justified and sustained. It is also not justifiable on the part of competent authorities to keep the matter indefinitely pending on the basis that an enquiry was ordered by the Government by constituting a `High Level Committee'. The Special Government Pleader is not in a position to point out that any proceedings under the Land Conservancy Act was initiated, despite liberty granted by this court.
19. Under the above mentioned circumstances, these writ petitions are allowed
WPC 2424/2020 High Court Kerala Uploaded by James Adhikaram 9447464502 WPC 2424/2020 High Court of Kerala Uploaded by HJames Joseph Adhikarathil Kottayam When there is a conflict between the boundary and extent, the boundary will prevail. The report itself clearly indicates that the petitioner is holding the entire extent of the land. It is also stated that no neighbouring owner will be affected on account of such alteration. The Surveys and Boundary Rules, 1964 contemplate the procedure for the alteration of the recorded areas. Rule 60 of the Rules says that when ever the correction of measurements involves a change in the existing area of the field or sub division by more than five percent, the area in the memorandum of alteration shall be checked and certified as correct by the superintendent of Survey and Land Records of the district and the district collector shall be competent authority to sanction the alteration of area. Thereafter, the Rule was amended. The amended Rule was produced as Ext.P8. The amendment came in the year 2017. This Rule enables the Head Surveyor of Survey and Land Records instead of the uperintendent of Survey and Land Records, to certify correction. In the light of the clear finding that the excess land is bounded within the physical boundary, the District Collector could not have rejected it stating that the petitioner had no title to it. As already noted when there is a conflict between the extent shown in a document and the boundaries, the boundaries would prevail.
WPC 28115/2006 Pokkuvaravu of harrison plantation property allowed uploaded by James Joseph Adhikarathik 9447464502 From the judicial decisions of this court, enumerated in the forgoing paragraphs, it is clearly evident that despite attempting various litigations and raising varioius contentions challenging title of the 7th respondent company and the transfers made by them, the Government could not initiate any statutory proceedings under any of the relevant laws for recovery of the land or to get it established that Government holds title over the property. Legal precedents with respect to the Transfer of Registry Rules remains settled to the effect that, with respect to a transfer of title by consent of parties, mutation cannot be rejected. Further, it is evident that mutation effected will not affect the title or rights with respect to any property. Therefore, unless the Government could establish with concrete evidence based on materials that title of the property in question vests with the Government, they cannot be allowed to refuse or reject the request for mutation, based on transfer of title by consent. In both these cases the request for mutation is rejected on the basis that the Government have got a claim that the 7th respondent company and its transferees were not holding valid title. But such an allegation by itself is not sufficient to deny the mutation requested. This is especially because of the fact that the properties in question stands already mutated in the name of the 7th respondent company and its transferees, as per the revenue records. Unless and until the Government establishes through methods acceptable to law that the Government is title holder of the property and there is no absolute transfer of title by virtue of the documents relating to transaction of the properties, the denial of mutation cannot be justified and sustained. It is also not justifiable on the part of competent authorities to keep the matter indefinitely pending on the basis that an enquiry was ordered by the Government by constituting a `High Level Committee'. The Special Government Pleader is not in a position to point out that any proceedings under the Land Conservancy Act was initiated, despite liberty granted by this court.
19. Under the above mentioned circumstances, these writ petitions are allowed
WPC 2424/2020 High Court Kerala Uploaded by James Adhikaram 9447464502 WPC 2424/2020 High Court of Kerala Uploaded by HJames Joseph Adhikarathil Kottayam When there is a conflict between the boundary and extent, the boundary will prevail. The report itself clearly indicates that the petitioner is holding the entire extent of the land. It is also stated that no neighbouring owner will be affected on account of such alteration. The Surveys and Boundary Rules, 1964 contemplate the procedure for the alteration of the recorded areas. Rule 60 of the Rules says that when ever the correction of measurements involves a change in the existing area of the field or sub division by more than five percent, the area in the memorandum of alteration shall be checked and certified as correct by the superintendent of Survey and Land Records of the district and the district collector shall be competent authority to sanction the alteration of area. Thereafter, the Rule was amended. The amended Rule was produced as Ext.P8. The amendment came in the year 2017. This Rule enables the Head Surveyor of Survey and Land Records instead of the uperintendent of Survey and Land Records, to certify correction. In the light of the clear finding that the excess land is bounded within the physical boundary, the District Collector could not have rejected it stating that the petitioner had no title to it. As already noted when there is a conflict between the extent shown in a document and the boundaries, the boundaries would prevail.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Agrarian Reform Policies in the Philippines: a quiz
ROD NAVARRO, SENATORIAL ASPIRANT/CANDIDATE, MAY 13 2019, NATIONAL AND LOCAL ELECTIONS, PHILIPPINES
1. REPUBLIC OF THE PHILIPPINES
Sena'te
Pasay City
•
Journal
SESSION NO. 48
Monday, February 3, 2014
SIXTEENTH CONGRESS
FIRST REGULAR SESSION
2. SESSION NO. 48
Monday, February 3, 2014
CALL TO ORDER
At 3:20 p.m., the Senate President, Hon. Franklin
M. Drilon, called the session to order.
PRAYER
Sen. Sonny Angara led the prayer, to wit:
Mahal naming Panginoon, kami ay
taos-pusong nagbibigay-pugay sa Jyong
kadakilaan. Kami ay nagpapasalamat sa
mga biyayang ipinagkaloob Mo sa amin
-sa aming malusog na pangangatawan
at kaisipan, sa aming pamilya, at sa pag-
kakataong makapaglingkod sa bayan.
Gamitin Mo po kami, a Diyos, na
instrumento upang aming makamtan ang
kapayapaan at kasaganaallg inaasam llg
aming bayan.
To achieve this dream is not an easy
task for we have different views, 0 Lord,
but we remain hopeful as we place our
dreams in Your hands. And that is why we
now ask You to lead us for we know and
believe that nothing is impossible with You.
Amen.
NATIONAL ANTHEM
The Thessalonian Singing Ambassadors led the
singing ofthe national anthem and thereafter rendered
the song, entitled Malaya Ka Na Pilipino.
ROLL CALL
Upon direction of the Chair, the Secretary of
the Senate, Atty. Oscar G. Yabes, called the roll,
to which the following senators responded:
Angara, S.
Aquino, P. B. IV B.
Binay, M. L. N. S.
Cayetano, A. P. C. S.
Cayetano, P. S.
Drilon, F. M.
Ejercito, J. V. G.
Enrile, 1. P.
Escudero, F. J. G.
Estrada, J.
Guingona III, T. L.
Honasan, G. B.
Lapid, M. L. M.
Legarda, L.
Pimentel III, A. K.
Poe, G.
Recto, R. G.
Revilla Jr., R. B.
Sotto III, V. C.
Trillanes IV, A. F.
Villar, C. A.
With 21 senators present, the Chair declared
the presence of a quorum.
Senator Osmefia arrived after the roll calL
Senator Marcos was on official omission.
Senator Defensor Santiago was on sick leave.
APPROVAL OF THE JOURNAL
Upon motion of Senator Cayetano (A), there
being no objection, the Body dispensed with the
reading of the Jourual of Session No. 47 (January 29,
2014) and considered it approved.
J.JI r
3. 936
ACKNOWLEDGMENT
OF THE PRESENCE OF GUESTS
At this juncture, Senator Cayetano (A) acknowl-
edged the presence in the gallery of the following
guests:
•
•
•
•
Mrs. Bing Pimentel, the mother ofSenator
Pimentel, and her visitors from Belgium,
Mr. Eric Burgess and Mrs. Jacqueline
Burgess;
Delegates from the Municipality of
Salcedo, Eastern Samar, headed by
Mayor Melchor Mergal and Vice Mayor
Francisco Conag; members of the Sang-
guniang Bayan, namely, Julio Fabillar
Jr., Flora Badanoy, Susan Sumook, Adam
Ranit, Noel Abunales, Rosie Palconite
and Victoria Pelicano;
Mr. Antonio Waniwan, President of the
Association of Barangay Councils;
Sangguniang Barangay Secretary
Ms. Torres and Administrative Assistant,
Mr. Jason Waniwan; and Mr. Joselito
Esquierdo, Secretary to the Mayor, and
lead coordinator for Resource Mobiliz-
ation and External Linkages of Eastern
Samar State University;
Mr. Kirk Asis, Councilor of Bayugan
City, Agusan del Sur; and
Mr. Paolo Crisostomo, President of the
Association of Barangay Councils of
Silang, Cavite.
Senate President Drilon welcomed the guests to
the Senate.
REFERENCE OF BUSINESS
The Secretary of the Senate read the following
matters and the Chair made the corresponding
referrals:
BILLS ON FIRST READING
Senate Bill No. 2091, entitled
AN ACT RECOGNIZING SECURITY
COOPERATIVES AND AMENDING
THEREFOR SECnON 3 OF REPUBLIC
MONDAY, FEBRUARY 3,2014
ACT NO. 5487, OTHERWISE KNOWN
AS THE PRIVATE SECURITY
AGENCY LAW
Introduced by Senator Lapid
To the Committees on Pnblic Order and
Dangerous Drugs; aud Cooperatives
Senate Bill No. 2092, entitled
AN ACT STRENGTHENING AND
PROMOTING MEDICAL TOURISM
IN THE COUNTRY
Introduced by Senator Lapid
To the Committees ou Health aud Demo-
graphy; Tourism; and Finance
Senate Bill No. 2093, entitled
AN ACT MANDATING THE APPOINT-
MENT OF MUNICIPAL AGRI-
CULTURISTS IN MUNICIPALITIES
WHERE AGRICULTURE IS A
SIGNIFICANT INDUSTRY, AMEND-
ING FOR THE PURPOSE SECTIONS
443 AND 482(A) OF REPUBLIC ACT
NO. 7160, AS AMENDED, OTHER-
WISE KNOWN AS THE LOCAL
GOVERNMENT CODE OF 1991
Introduced by Senator Lapid
To the Committees on Local Government;
Agriculture and Food; and Finance
Senate Bill No. 2094, entitled
AN ACT AMENDING SECTION 2 AND
SECTION 9 OF REPUBLIC ACT
NO. 8291, OTHERWISE KNOWN
AS THE GOVERNMENT SERVICE
INSURANCE SYSTEM ACT OF 1997
Introduced by Senator Lapid
To the Committees on Goverumeut
Corporatious and Public Euterprises; and Civil
Service and Government Reorganization
Senate Bill No. 2095, entitled
AN ACT PROMOTING THE USE OF
U r
4. MONDAY, FEBRUARY 3, 2014
URBAN AGRICULTURE AND
VERTICAL FARMING IN THE
COUNTRY'S METROPOLITAN
AREAS TO ADDRESS FOOD
SECURITY CONCERN AND RE-
GENERATE ECOSYSTEM FUNC-
TIONS AND APPROPRIATING
FUNDS THEREFOR
Introduced by Senator Lapid
To the Committees on Agricultnre and
Food; and Finance
Senate Bill No. 2096, entitled
AN ACT PROVIDING FOR AUTOMATIC
ADJUSTMENT OF THE BASIC
MONTHLY PENSION FOR RETIRED
PERSONNEL COVERED BY THE
GOVERNMENT SERVICE INSURANCE
SYSTEM AND SOCIAL SECURITY
SYSTEM TO THE PREVAILING
COST OF LIVING INDEX
Introduced by Senator Lapid
To the Committees on Civil Service and
Government Reorganization; and Labor, Employ-
ment and Human Resources Development
RESOLUTIONS
Proposed Senate Resolution No.472, entitled
RESOLUTION URGING THE COMMIT-
TEES ON YOUTH; AND WOMEN,
FAMILY RELATIONS AND GENDER
EQUALITY TO REVIEW, IN AID OF
LEGISLATION, THE PROLIFERA-
TION OF CYBERSEX DENS THAT
FORCE CIDLDREN, MINORS AND
WOMEN TO PERFORM SEXUAL
AND LASCIVIOUS ACTS BEFORE
A WEBCAM FOR MONEY WITH
THE INTENTION OF STRENGTHEN-
ING AND TIGHTENING EXISTING
RELEVANT LAWS
Introduced by Senator Grace Poe
To the Committees on Public Information
and Mass Media; and Justice and Human Rights
Proposed Senate Resolution No. 473, entitled
RESOLUTION CONGRATULATING
AND COMMENDING FILIPINO
MOVIE ACTRESS AND BATANGAS
GOVERNOR VILMA SANTOS-
RECTO FOR WINNING THE BEST
ACTRESS AWARD IN THE ]3"' DHAKA
INTERNATIONAL FILM FESTIVAL
ON 18 JANUARY 2014 AT THE
NATIONAL MUSEUM AUDITORIUM
IN DHAKA, BANGLADESH
Introduced by Senator Lapid
To the Committee on Rules
COMMUNICATION
937
Letter from the National Economic and Development
Authority, dated 13 January 2014, submitting to
the Senate the list of foreign retailers selling
high-end or luxury goods pursuant to Section 8
of Republic Act No. 8762 otherwise known as
the "Retail Trade Liberalization Act of 2000."
To the Committees on Trade, Commerce
and Entrepreneurship; and Economic Affairs
COMMITTEE REPORT NO. 9
ON SENATE BILL NO. 2043
(Continuation)
Upon motion of Senator Cayetano (A), there
being no objection, the Body resumed consideration,
on Second Reading, of Senate Bill No. 2043
(Committee Report No.9), entitled
AN ACT ESTABLISHING THE MARI-
TIME INDUSTRY AUTHORITY
(MARINA) AS THE SINGLE MARI-
TIME ADMINISTRATION RESPON-
SIBLE FOR THE IMPLEMENTATION
AND ENFORCEMENT OF THE
INTERNATIONAL CONVENTION
ON THE STANDARDS OF TRAIN-
ING, CERTIFICATION, AND WATCH-
KEEPING FOR SEAFARERS, AS
AMENDED, AND INTERNATIONAL
AGREEMENTS OR COVENANTS
RELATED THERETO.
Senator Cayetano (A) stated that the parlia-
mentary status was still the period of interpellations.
IvY
r
5. 938
SUSPENSION OF SESSION
Upon motion of Senator Cayetano (A), there
being no objection, the session was suspended.
It was 3:34 p.m.
RESUMPTION OF SESSION
At 3:35 p.m., the session was resumed with
Senate President Pro Tempore Recto presiding.
Upon resumption, the Chair recognized Senate
President Drilon, sponsor of the measure.
MANIFESTATION
OF SENATE PRESIDENT DRILON
Senate President Drilon manifested that Senator
Defensor Santiago would no longer avail herself of
the period of interpellations while Senator Osmeiia
had told him that his questions were already answered
and that he has no other concerns on the measure.
TERMINATION OF THE PERIOD
OF INTERPELLATIONS
There being no further interpellation, upon motion
of Senator Cayetano (A), there being no objection,
the Body closed the period of interpellations and
proceeded to the period of committee amendments.
SUSPENSION OF SESSION
Upon motion of Senator Drilon, there being no
objection, the session was suspended.
It was 3:37 p.m.
RESUMPTION OF SESSION
At 3:39 p.m., the session was resumed.
PROPOSED COMMITTEE AMENDMENTS
On page I, Senate President Drilon proposed to
delete the phrase "to be known as the" on line 13, to
insert the article "a" before the phrase "single maritime
administration," and delete the comma (,) after it.
INQUIRY OF SENATOR SOTTO
Senator Sotto asked on the reason for the proposal
MONDAY, FEBRUARY 3, 2014
to delete the phrase "to be known as the" on line 13,
noting that there seemed to be something lacking in
the sentence as worded. He suggested the insertion
of the conjunction AND instead of the comma (,)
after the word "structure". In reply, Senate President
Drilon explained that the amendment was proposed
to conform with the House version. Also, he said that
the amendment was not really substantial but that it
simply emphasizes that the State shalI create a single
maritime administration.
Senator Sotto proposed the insertion ofthe word
OF after the word "structure" instead ofa comma (,)
so that the phrase would read, THE STATE SHALL
CREATE AN ADMINISTRATIVE SYSTEM AND
STRUCTURE OF A SINGLE MARITIME
ADMINISTRATION x x x.
SUSPENSION OF SESSION
Upon motion of Senate President Drilon, the
session was suspended.
It was 3:42 p.m.
RESUMPTION OF SESSION
At 3:43 p.m., the session was resumed.
COMMITTEE AMENDMENTS
As proposed by Senate President Drilon, there
being no objection, the following committee
amendments were approved by the Body, one after
the other:
Page 1
1. Rephrase lines 13 and 14 to read as follows:
THE STATE SHALL CREATE A
SINGLE MARITIME ADMINISTRATIVE
SYSTEM AND STRUCTURE THAT SHALL
PROVIDE AN ENABLING ENVIRONMENT
FOR THE BUSINESS OF SEAFARING x x x;
2. On line 19, replace the letter "s" with the
letter Z in the word "hannonise";
Page 2
3. On line 19, delete the phrase "shall refer to";
4. On line 20, insert the words MARITIME
INDUSTRY AUTHORITY before the
acronym "MARINA'" and enclose the
acronym "MARINA" in parentheses;
JJ,.
6. MONDAY, FEBRUARY 3,2014
5. On line 22, after the word "employed," replace
the word "or" with a comma (,);
6. Between lines 26 and 27, insert a new Sec-
tion 3 to read as follows:
SECTION 3. MARINA AS A SINGLE
MARITIME ADMINISTRATION. - THE
MARITIME INDUSTRY AUTHORITY
(MARlNA), CREATED UNDER PRES-
IDENTIAL DECREENO. 474, AS AMENDED,
SHALL BE THE SINGLE MARlTIME
ADMINISTRATION MANDATED TO
IMPLEMENT AND ENFORCE THE 1978
INTERNATIONAL CONVENTION ON THE
STANDARDS OF TRAINING, CERTIFICA-
TION AND WATCHKEEPING FOR SEA-
FARERS. IT SHALL CARRY OUT AN
EFFECTIVE REGULATORY FRAMEWORK,
CONDUCIVE TO EFFICIENCY, TRANS-
PARENCY AND COMPETITIVENESS OF
THE PHILIPPINE SEAFARING INDUSTRY.
7. Renumber "Section 3" as SECTION 4;
Page 3
8. On line 7, delete the phrase "provisions
herein below," and in lieu thereof, insert the
word FOLLOWING;
At this juncture, the session was suspended
and was resumed shortly thereafter.
9. On lines 10 to 13, delete the sentence
"To this end, Republic Act No. 8544 or the
Philippine Merchant Marine Officer Act of
1998 is hereby amended to the effect that all
powers, duties, and functions of the PRC
mentioned therein shall be exercised by the
MARINA insofar as they are related to marine
deck and engine officers," and in lieu thereof,
insert the following sentence:
ALL POWERS, DUTIES, AND FUNC-
TIONS OF THE PRC ON EXAMINATION,
LICENSING AND CERTIFICATION SYSTEM
FOR MARINE DECK AND ENGINE
OFFICERS AS PROVIDED IN R.A. NO. 8544,
OTHERWISE KNOWN AS THE PHILIPPINE
MERCHANT MARINE OFFICER ACT OF
1998, SHALL HENCEFORTH BE EXERCISED
BY MARINA.
10. On line 28, before the phrase "under the
STCW Convention," insert the phrase IN
ACCORDANCE WITH THE PROVISIONS;
Page 4
11. On lines 6 and 7, delete the phrase "in
accordance with CHED or other recognized
international organizations";
12. On line 8, after the words "training institu-
tions," insert the phrase IN ACCORDANCE
WITH THE STANDARDS OF CHED AND
OTHER RECOGNIZED INTERNATIONAL
ORGANIZATIONS;
13. Delete lines 29 to 35;
Page 5
14. Delete lines 1 to 9;
15. On line 14, after the phrase "pursuant to
Presidential Decree No. 474," insert the
phrase CREATING THE MARINA;
16. On line 30, replace the word "possible"
with WAY;
Page 6
17. On line 7, Repealing Clause, before the
words "All existing laws," insert the following
sentence: THE PROVISIONS OF PRES-
IDENTIAL DECREE NO. 474 ON THE COM-
POSITION OF THE MARITIME INDUSTRY
BOARD AND ALL THE PROVISIONS
UNDER REPUBLIC ACT NO. 8544 RELAT-
ING TO THE EXAMINATION, LICENSING
AND CERTIFICATION SYSTEM FOR
MARINE DECK AND ENGINE OFFICERS
ARE HEREBY AMENDED.
18. On line 10, after the word "Effectivity," insert
the word CLAUSE;
19. On line JJ, after the words "publication in,"
insert the phrase THE OFFICIAL GAZETTE
ORIN;
20. On the title of the bill, insert the year 1978,
so that it shall read as follows:
AN ACT ESTABLISHING THE MARITIME
INDUSTRY AUTHORlTY (MARINA)
AS THE SINGLE MARITIME ADMINIS-
TRATION RESPONSIBLE FOR THE
IMPLEMENTATION AND ENFORCE-
MENT OF THE 1978 INTERNATIONAL
CONVENTION ON THE STANDARDS
OF TRAINING, CERTIFICATION, AND
WATCHKEEPING FOR SEAFARERS,
AS AMENDED, AND INTERNATIONAL
AGREEMENTS OR COVENANTS
RELATED THERETO.
INQUIRY OF SENATOR SOTTO
939
At this juncture, Senator Sotto inquired if the
sections in the bill have been renumbered. Senator
).J,
r
7. 940
Drilon said that only Section 3 has been renumbered
following the deletion ofthe original Section 4.
Asked whether it was no longer needed for the
Act to be published in a national paper of general
circulation if it was already published in the Official
Gazette, Senate President Drilon replied that its
publication in the Official Gazette, which is found in
the version of the House of Representatives, would
be deemed as compliance with the requirement.
To Senator Sotto's concern that publication in
the OffiCial Gazette is not enough to ensure that
seafarers and other people would be adequately
informed, Senate President Drilon replied that the
Official Gazette is online and easily accessible.
Moreover, he noted that although in the recent past,
such items were published either in the Official
Gazette or in a newspaper of general circulation
to provide for flexibility, nothing prevents the
MARINA from publishing it in a newspaper of
general circulation as well as in the Official
Gazette to allow for maximum publicity.
TERMINATION OF THE PERIOD
OF COMMITTEE AMENDMENTS
Upon motion of Senator Cayetano (A), there
being no objection, the Body closed the period of
committee amendments and opened the period of
individual amendments.
CAYETANO (P) AMENDMENT
Adverting to Section 3 (Powers and Functions
of the MARINA), in particular items (i) and (v),
Senator Cayetano (P) asked for the rationale behind
the word "existing" in the phrase "existing rules and
regulations." She clarified that she only wanted to
ensure that the CHED is empowered to close or
phase out substandard institutions and that it should
be guided not only by existing rules but future rules
as well.
On page 4, line 14, as proposed by Senator
Cayetano (P) and accepted by the Sponsor, there
being no objection, the Body approved the deletion of
the word "existing."
INQUIRY OF SENATOR CAYETANO (P)
As regards Section 4(d)(vi), Senator Cayetano (P)
asked whether the provision contemplates a situation
MONDAY, FEBRUARY 3, 204
where the MARINA would allow a graduating batch
to finish the courses before these are phased out.
Senate President Drilon explained that the publication
ofthe list ofphased·out programs aims to inform the
public that a particular training program, for instance,
has been phased out. Moreover, he said that the
provision would provide the MARINA legal protec·
tion as the law would mandate such information to
be published.
Senator Cayetano (P) noted that in the past,
MARINA might have been pressured not to
make public those phased·out programs due to the
negative publicity it might bring to the school
concerned. She stressed the importance of having
the law mandate MARINA to inform the public
not only of a school's closure but of the details
involved in it. Senate President Drilon gave assur.
ance that the provision intends to protect the
public and prospective students that would enroll
in such courses.
Asked whether the continued operation of such
institution is covered and penalized in another law,
Senate President Drilon affirmed that it is contained
in the CHED law.
As regards Section 4(d)(v), Senator Cayetano (P)
asked if closures shall continue to be decided by
the CHED en banc consistent with the general rule,
Senate President Drilon replied in the affirmative.
On whether the CHED can unilaterally receive
and act upon recommendations or complaints from
the public about substandard performance of schools,
Senate President Drilon explained that although
the CHED is not prohibited from receiving such
complaints, it would be more practical for it to bring
the complaint to a techuical panel.
TERMINATION OF THE PERIOD
OF INDIVIDUAL AMENDMENTS
Upon motion of Senator Cayetano (A), there
being no objection, the Body closed the period of
individual amendments.
APPROVAL OF SENATE BILL NO. 2043
ON SECOND READING.
Submitted to a vote, there being no objection, the
Body approved Senate Bill No. 2043 on Second
Reading. }.JI
r
8. MONDAY, FEBRUARY 3, 2014
COAUTHORS
Acting on the request of Senator Cayetano (P)
and at the instance of Senate President Drilon, all
Members present were made coanthors of Senate
Bill No. 2043.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2043
Upon motion of Senator Cayetano (Al, there
being no objection, the Body suspended consideration
of the bill.
SUSPENSION OF SESSION
Upon motion of Senator Cayetano (A), the session
was suspended to allow the Members to greet
Senator Legarda on the occasion of her birthday last
January 28.
It was 4:11 p.m.
RESUMPTION OF SESSION
At 4:12 p.m., the session was resumed with
Senate President Drilon presiding.
ACKNOWLEDGMENT
OF THE PRESENCE OF GUESTS
At this juncture, Senator Cayetano (A) acknowl-
edged the presence of Dr. Samuel So and Furenza
Lucas from the Stanford University-Asian Liver
Center, and members ofthe Philippine Cancer Society
led by Dr. Rachelle Marie Rosario, Mr. Romeo
Mercaida and Ms. Jenny Avila.
Senate President Drilon welcomed the guests to
the Senate.
SUSPENSION OF SESSION
Upon motion of Senator Cayetano (A), the session
was suspended.
It was 4:13p.m.
RESUMPTION OF SESSION
At 4: 13 p.m., the session was resumed.
941
PRIVILEGE SPEECH
OF SENATOR LEGARDA
Availing herself of the privilege hour, Senator
Legarda delivered the following speech:
LEARNING FROM TIlE PAST TO BllLD
ARESILIENT FUTURE
It is nearly three months post-Yolanda and
challenges continue to arise as many of the
survivors either continue to depend on govern-
ment and foreign aid or make use of their
resourcefulness to make both ends meet.
I rise today to stress on this message:
We do not build resilience through relief
efforts. Instead, we have to lessen the need
for disaster relief.
Like the 2004 Indian Ocean tsunami,
typhoon Yolanda shocked the world. Images of
the destruction it caused remain vivid in our
minds and the scale of devastation it generated
makes us rethink of our development path.
Yolanda has become the new benchmark of
disaster prevention.
As a country exposed to stonns, we should
now be experts in preparing for typhoons; we
should now be typhoon-resilient at the very
least. After aU, we have already experienced
Ondoy, Pepeng, Pablo and Sendong. Unfortu-
nately, Yolanda happened and we only realized
that we have yet to do what we ought to do.
When disaster strikes a part of our nation,
it does not only affect that particular city, it also
impacts the economy, which in turn affects
everyone in the country. Losses due to Yolanda
are estimated at $15 billion, which represents
close to five percent of the Philippines' annual
GDP. Meanwhile, losses due to typhoons Ondoy
and Pepeng in 2009 were equivalent to 2.7
percent of the country's GDP.
Economic losses due to disasters are taking
a toll on our development globally. These losses
will continue to escalate unless disaster risk
management becomes a core part of business
investment strategies. Direct losses from floods,
earthquakes and drought have been under-
estimated by at least 50%. So far this century,
global losses from disasters are in the range
of $2.5 trillion.
As a fundamental development strategy,
building resilience would help our government
sustain the country's socia-economic gains,
make a difference in poverty reduction, and
eventually ensure the achievement of sustainable
development goals. LJ." r
9. 942
Allow me first to go over the five major
factors that contribute to our vulnerability to
natural hazards,
First is ecosystems decline. Despite our
environmental laws, our ecosystems continue to
decline. Seventy percent of our mangroves and
20% of the sea-grass in our coasts have been
destroyed; 90% of our coral reefs are under
threat; the biomass of coastal fish stocks stand
at only 10%; and our forest cover is only half of
the ideal. After 12 years, only 25.7% of LGUs
have complied with the Solid Waste Manage-
ment Act.
Second, economic gains are at risk.
Economic loss risk to typhoons and floods is
growing as the exposure of economic assets and
livelihoods increases. Moreover, direct losses
from major disasters like Ondoy, Pepeng,
Sendong and Pablo place a significant fiscal
burden on the government and trigger indirect
and wider impacts that challenge the country's
macroeconomic stability and poverty reduction
efforts. As a country striving for competitiveness
and economic sustainability, we need to recog-
nize the potentially significant macroeconomic
implication of disasters.
Third, poverty prevails. Despite our impres-
sive economic growth, our poverty incidence
hardly changed. Poverty and inequalities worsen
as natural hazards and climate change constantly
affect the poor and keep them trapped in a
vicious cycle of risk and poverty.
Fourth, cities are at risk. The rapid growth
ofour cities, like in Metro Manila, combined with
climate change and the urban popUlation
explosion, create new stresses for urban
settlements and make city dwellers increasingly
vulnerable to natural hazards.
Fifth, climate change magnifies disaster risk.
The "deadly trio" of poor urban governance,
ecosystems decline, and weak rural livelihood
drives disaster risk turbocharged by climate
change. The challenge of adapting to climate
extremes gives increased urgency to addressing
wlderlying risk drivers, reducing vulnerability,
and strengthening risk governance. If disaster
risks can be reduced, then the magnifying effect
of climate change will also be reduced, and
adaptation will be facilitated.
Definitely, we must not wait for the next
natural hazard to strike only to expose these
risks. We actually have the power to help the
country become more resilient. And allow me to
briefly name some points.
We must conduct an environmental
MONDAY, FEBRUARY 3, 2014
program audit. The government audits the
environmental programs mandated by law to
identify the implementation barriers and to
support the means to strengthen the progranls
towards meeting desired objectives.
We must undertake risk-sensitive planning
and investment. The National Disaster Risk
Reduction and Management COWlcil and the
Climate Change Commission should collaborate
to support the plarming, development, and
implementation of the Local Climate Change
Action Plans (LCCAP) and Local Disaster Risk
Reduction and Management Plans (LDRRMPs)
by the local government units (LGUs), as they
are linked to local Comprehensive Land Use
Plans (CLUPs) and local development and
investment plans.
We must strengthen social protection.
We must examine how the government's social
protection programs - in particular, the
Conditional Cash Transfer, and include climate
change and DRR even in the CCT and other
poverty reduction-related initiatives - can be
scaled up not only to address structural poverty,
but also to build the resilience of the poor
against the recurring impact of natural hazards.
We must advance economic and business
resilience. This can reduce disaster if we do so.
We must promote green infrastructure, such as
buildings with roof gardens and rainwater
collection facility; risk financing, risk reduction
incentives, and business continuity planning,
among others.
We must promote community resilience.
Local officials should prioritize resilience as part
of their political and sustainable development
agenda and we must pay attention to the
protection and improvement of environmental,
social and economic conditions. We are
launching the Safe Schools Campaign in March.
Our hospitals must be made resilient as well.
All of these are challenges but it is all
indicated in our national policies and in our laws.
Resilience is the ability of a system or
community to spring back or to bounce forward
from a shock or an impact of a hazard, while
preserving and restoring its essential basic
structures and functions. It aims to ensure that
shocks and stresses do not lead to a long-term
downturn in development progress.
As a fundall1ental development strategy,
building resilience would help our government
sustain the country's socio~economic gains,
make a difference in poverty reduction, and
r
10. MONDAY, FEBRUARY 3, 2014
eventually ensure the achievement ofsustainable
development goals.
As an agenda shared by all concerned with
financial, political, disaster, conflict and climate
threats to development, advancing resilience
promotes unity of purpose and action among
various development stakeholders across all
sectors.
And resilience is set to define the post-2015
global development agenda as well as the
framework for action for disaster risk reduction.
In closing, I wish to stress that DRR and
CCA must be closely linked to development-
the kind of development that does not create
new risks and promotes resilient investments.
Poverty breeds disaster vulnerability, where
those who have least in life risk life most. As
disasters become more prevalent, the higher is
the right of the poor to social protection, and the
higher is the duty of government to reduce
disaster risk in pursuit of resilient development.
Disaster risk reduction is social justice in action.
Our tragedies create the context for learning and
growing. It is these disasters that make us
resilient. It is our shared memory of death, loss
and survival that should drive us to build a
resilient future.
REFERRAL OF SPEECH
TO COMMITTEE
Upon motion of Senator Cayetano (A), there
being no objection, the Chair referred the speech of
Senator Legarda to the Committee on Climate
Change.
REMARKS OF SENATOR CAYETANO (A)
Replying to the Chair's request to remind the
senators of the priority bills, Senator Cayetano (A)
943
reported that upon the instruction of Senate President
Drilon and in coordination with the leadership ofthe
House of Representatives, he was able to meet with
House Speaker Belmonte and the House Majority
Leader and they agreed to meet this week with
Senate President Drilon to discuss the priority bills of
both Chambers.
Relative thereto, he requested the senators
who have additional bills which they feel should be
prioritized to submit them to the Office ofthe Senate
President or to the Office of the Majority Leader
between 12 noon and five o'clock in the afternoon by
Wednesday so that these bills can be discussed with
the House of Representatives.
Senate President Drilon asked Senator Cayetano
(A) to remind the senators regarding this matter
through a written memo. Senator Cayetano (A) said
that the Committee on Rules would write the chiefof
staff of each senator the following day.
ADJOURNMENT OF SESSION
Upon motion of Senator Cayetano (A), there
being no objection, the Chair declared the session
adjourned until three o'clock in the afternoon of the
following day.
It was 4:24 p.m.
I hereby certify to the correctness of the
foregoing.
C'Jo--+-I',/:l ES
Secretary--21 t e Senate /"
6 /- ~ r ~
Approved on February 4, 2014