REPUBLIC OF THE PHILIPPINES

Senat:.e
Pasay City
Journal
SESSION NO. 11
Monday, August 22, 2011
FIFTEENTH CONGRESS
SECOND REGULAR SESSION
SESSION NO. 11
Monday, August 22, 201 I
CALL TO ORDER
At 3:30 p.m., the Senate President, Hon. Juan
Ponce Enrile, called the session to order.
PRAYER
Sen. Vicente C. Sotto 111 read the prayer prepared
by Senator Lacson, an excerpt from the opening
prayer delivered by Pastor Joe Wright of the Central
Christian Church before the Kansas State House of
Representatives on January 24, 1996, to wit:
Heavenly Father,
We come before You today to ask Your
forgiveness and seek Your direction and
guidance. We know Your word says, "Woe to
those who call evil good." But that's exactly
what we have done. We have lost our spiritual
equilibrium and inverted our values. We confess
that we have ridiculed the absolute truth of Your
word and called it pluralism. We have endorsed
perversion and called it an alternative lifestyle.
We have exploited the poor and called it the
lottery. We have neglected the needy and called
it self-preservation. We have killed the unborn
and called it choice. We have abused power and
called it political savvy. We have coveted our
neighbor's possession and called it ambition.
We have polluted the air with profanity and
pornography and called it freedom of expression.
We have ridiculed the time-honored values of
our forefathers and called it enlightenment.
Search us, Oh God, and know our hearts
today: try us and see if there be some wicked
way in us; cleanse us from every sin and
set us free. Guide these men and women who
have been sent here by the people of this
State and who have been ordained by You to
govern. Grant them Your wisdom to rule
and may their decisions direct us to the center
of Your will.
I ask in the name of Your Son. the Living
Savior, Jesus Christ.
NATIONAL ANTHEM
The Far Eastern Bible Institute and Seminary
(FEB lAS) Chorale led the singing of the national
anthem and thereafter rendered the song, entitled
Diyos ay Tapa!.
ROLL CALL
Upon direction of the Chair, the Secretary of the
Senate, Atty. Emma Lirio-Reyes, called the roll, to
which the following senators responded:
Angara, E. J.
Arroyo, J. P.
Cayetano, P. S.
Defensor Santiago, M.
Drilon, F. M.
Ejercito Estrada, J.
Enrile, J. P.
Escudero, F. J. G.
Guingona III, T. L.
Honasan, G. B.
Lacson, P. M.
Lapid, M. L. M.
Marcos Jr., F. R.
Osmena III, S. R.
Pangilinan, F. N.
Pimentel 111, A. K.
Recto, R. G.
Revilla Jr., R. B.
Sotto 111, V. C.
Trillanes IV, A. F.
Villar, M.
164
With 21 senators present, the Chair declared the
presence of a quorum,
Senators Cayetano (A) and Legarda were on
official business,
APPROVAL OF THE JOURNAL
Upon motion of Senator Sotto, there being no
objection, the Body dispensed with the reading of
the Journal of Session No. IO (August 17, 2011)
and considered it approved.
At this juncture, Senate President Enrile
relinquished the Chair to Senate President Pro
Tempore Ejercito Estrada.
MANIFESTATION OF SENATOR SOTTO
Senator Satta stated that Senator President Enrile
has called a caucus before the approval of the three
bills pending on Third Reading that day.
Senator OrBan requested that the approval
on Third Reading of one of said bills, Senate Bill
No. 2811 (People's Survival Fund), be deferred to
a later day as he noted that it provides quite a
large allocation.
In reaction, Senator Satta stated that the request
would be addressed in the caucus.
SUSPENSION OF SESSION
Upon motion of Senator Satta, the session was
suspended to allow the senators to go into caucus.
It was 3:40 p.m.
RESUMPTION OF SESSION
At 4: 17 p.m., the session was resumed with the
Senate President Pro Tempore presiding.
APPROVAL OF SENATE BILL NO. 2869
ON THIRD READING
U pan motion of Senator Satta, there being no
objection, the Body considered, on Third Reading,
Senate Bill No. 2869, printed copies of which were
distributed to the senators on August J 6. 20 II.
MONDAY, AUGUST 22,2011
Pursuant to Section 67, Rule XXIII of the Rules
of the Senate, upon motion of Senator Satta, there
being no objection, Secretary Reyes read only the
title of the bill, to wit:
AN ACT PRESCRIBING A FIXED TERM
FOR THE CHIEF OF STAFF AND
A MINIMUM TERM FOR THE
MAJOR SERVICE COMMANDERS
OF THE ARMED FORCES OF THE
PHILIPPINES (AFP) AND FOR
OTHER PURPOSES.
Secretary Reyes called the roll for nominal
voting.
RESULT OF THE VOTING
The result of the voting was as follows:
In favor
Angara
Arroyo
Cayetano (P)
Defensor Santiago
Drilon
Ejercito Estrada
Enrile
Guingona
Honasan
Against
None
Abstention
None
Lacson
Marcos
Osmefia
Pangilinan
Pimentel
Recto
Satta
Trillanes
Villar
With 18 senators voting in favor, none against,
and no abstention, the Chair declared Senate Bill
No. 2869 approved on Third Reading.
ANNOUNCEMENT
OF SENATOR SOTTO
Senator Satta announced that upon the request
of some Members, the consideration on Third
Reading of Proposed Senate Resolution No. 52
(Ratification ofthe Rome Statute of the International
Criminal Court) would be held in the next day's
session.
MONDAY. AUGUST 22. 2011
RECONSIDERATION OF THE APPROVAL
OF SENATE BILL NO. 2811
ON SECOND READING
Upon motion of Senator Drilon, there being no
objection, the Body reconsidered the approval, on
Second Reading, of Senate Bill No. 2811.
SENATE CONFEREES
Upon nomination by Senator Sotto, there being
no objection, the Chair designated the following
Members to constitute the Senate panel in the
Bicameral Conference Committee on Senate Bill
No. 2869 (Providing Fixed Term of the AFP Chief
of Staff) and its counterpart House measure:
Senators Lacson, Honasan, Trillanes and Pimentel,
on the part of the Majority; and Senator Cayetano
(P), on the part of the Minority.
REFERENCE OF BUSINESS
The Secretary of the Senate read the following
matters and the Chair made the corresponding
referrals:
MESSAGE FROM THE
HOUSE OF REPRESENTATIVES
Letter from the House of Representatives, informing
the Senate that on 15 August 20 I I, the House
of Representatives passed the following House
bills in which it requested the concurrence of
the Senate:
House Bill No. 799, entitled
AN ACT RENAMING THE SOUTHERN
PHILIPPINES AGRI-BUSINESS AND
MARINE AND AQUA TIC SCHOOL
OF TECHNOLOGY (SPAMAST)
INTO DAVAO DEL SUR STATE
COLLEGE (DSSC)
To the Committee on Education, Arts and
Culture
House Bill No. 1063, entitled
AN ACT IMPOSING A LOGGING BAN
IN CAGA Y AN DE ORO CITY
To the Committee on Environment and
Natural Resources
House Bill No. 1064, entitled
AN ACT DECLARING THE CITY OF
CAGA Y AN DE ORO A MINING
FREE ZONE
165
To the Committee on Environment and
Natural Resources
House Bill No. 1288, entitled
AN ACT AMENDING ARTICLE 75 OF
TITLE IV OF EXECUTIVE ORDER
NO. 209, AS AMENDED BY EXECU-
TIVE ORDER NO. 227, OTHERWISE
KNOWN AS THE FAMILY CODE
OF THE PHILIPPINES
To the Committees on Youth, Women and
Family Relations; and Constitntional Amend-
ments, Revision of Codes and Laws
House Bill No. 3747, entitled
AN ACT EXTENDING THE PERIOD
FOR INDIGENOUS CULTURAL
COMMUNITIESIINDIG ENOUS
PEOPLES TO EXERCISE THE OPTION
TO SECURE TITLE TO THEIR
ANCESTRAL LANDS UNDER LAND
REGISTRATION ACT 496 AND
GRANTING A NEW FIVE (5)-YEAR
PERIOD TO THE NATIONAL
COMMISSION ON INDIGENOUS
PEOPLES (NCIP) TO TAKE APPRO-
PRIA TE LEGAL ACTION FOR THE
CANCELLATION OF OFFICIALLY
DOCUMENTED TITLES WHICH
WERE ILLEGALLY ACQUIRED,
AMENDING FOR THE PURPOSE
SECTIONS 12 AND 64 OF REPUBLIC
ACT NO. 8371, OTHERWISE KNOWN
AS THE INDIGENOUS PEOPLES
RIGHTS ACT OF 1997
To the Committee on Cultural Communities
House Bill No. 424 I, entitled
AN ACT PROVIDING FOR EARLY
VOTING TO QUALIFIED MEMBERS
OF THE MEDIA
To the Committees on Electoral Reforms
and People's Participation; and Finance
#r
166
House Bill No. 4759, entitled
AN ACT CREATING AN ADDITIONAL
LEGISLATIVE DISTRICT IN THE
PROVINCE OF CEBU TO BE
KNOWN AS THE SEVENTH
LEGISLATIVE DISTRICT
To the Committees on Local Government;
and Electoral Reforms and People's Participation
House Bill No. 4760, entitled
AN ACT PROVIDING FOR THE
REAPPORTIONMENT OF LEGIS-
LATIVE DISTRICTS IN THE
PROVINCE OF LEYTE
To the Committees on Local Government;
and Electoral Reforms and People's Participation
House Bill No. 4796, entitled
AN ACT ESTABLISHING A MECHAN-
ISM FOR THE SUSTAINABLE
DEVELOPMENT AND USE OF THE
ISLAND OF BORACAY, MUNICI-
PALITY OF MALAY, PROVINCE OF
AKLAN, DEFINING FOR THE
PURPOSE THE MODE OF
ACQUISITION FOR CERTAIN
PARCELS OF ITS PUBLIC DOMAIN
CLASSIFIED AS AGRICULTURAL
LAND OPEN TO DISPOSITION
UNDER PROCLAMATION NO. 1064
AND PROVIDING ENVIRON-
MENTAL SAFEGUARDS THEREFOR
AND FOR OTHER PURPOSES
To the Committees on Environment and
Natural Resources; and Local Government
House Bill No. 4788, entitled
AN ACT TO PRESCRIBE THE CUSTOMS
MODERNIZATION AND TARIFF
ACT OF 2011
To the Committee on Ways and Means
House Bill No. 4831, entitled
AN ACT PROHIBITING THE SLAUGHTER
OF CARABAOS AT CERTAIN AGES,
MONDAY, AUGUST 22,2011
AMENDING FOR THE PURPOSE
REPUBLIC ACT NO. 8485, OTHER-
WISE KNOWN AS THE ANIMAL
WELFARE ACT OF 1998
To the Committee on Agriculture and Food
House Bill No. 4841, entitled
AN ACT STRENGTHENING CONSUMER
PROTECTION IN THE PURCHASE
OF BRAND NEW MOTOR VEHICLES
AND FOR OTHER PURPOSES
To the Committee on Trade and Commerce
House Bill No. 4883, entitled
AN ACT TO EXPAND ACCESS TO
EDUCATION THROUGH OPEN
LEARNING AND DISTANCE
EDUCATION IN POST-SECOND-
ARY AND TERTIARY LEVELS OF
EDUCATION, APPROPRIATING
FUNDS THEREFOR AND FOR
OTHER PURPOSES
To the Committees on Edncation, Arts and
Culture; Ways and Means; and Finance
House Bill No. 4903, entitled
AN ACT DEVOLVING TO MUNICIPAL-
ITIES AND CITIES THE REGISTRA-
TION OF FISHING VESSELS WITH
A MAXIMUM GROSS WEIGHT OF
THREE (3) TONS OR LESS
To the Committee on Local Government
and House Bill No. 4935, entitled
THE INVESTMENTS AND INCENTIVES
CODE OF THE PHILIPPINES
To the Committees on Ways and Means;
and Economic Affairs
BILLS ON FIRST READING
Senate Bill No. 2942, entitled
AN ACT GRANTING TAX INCENTIVES
MONDAY, AUGUST 22, 2011
TO CORPORATIONS, PARTNER-
SHIPS, ORGANIZATIONS, AND
OTHER JURIDICAL ENTITIES
FOR USING AND PROMOTING
THE USE OF ENVIRONMENT-
FRIENDLY BAGS, SUPPORTING
SUCH EFFORTS AND FOR OTHER
PURPOSES
Introduced by Senator Villar
To the Committees on Ways and Means;
and Trade and Commerce
Senate Bill No, 2943, entitled
AN ACT EXEMPTING FROM TAX-
A TlON ALL DONATIONS, GRANTS
OR GIFTS TO NON-STOCK AND
NON-PROFIT EDUCA TIONAL
INSTITUTIONS
Introduced by Senator Defensor Santiago
To the Committees on Ways and Means;
and Education, Arts and Cnlture
RESOLUTIONS
Proposed Senate Resolution No. 568, entitled
RESOLUTION DIRECTING THE SENATE
COMMITTEE ON ECONOMIC
AFFAIRS AND THE COMMITTEE
ON TRADE AND COMMERCE TO
LOOK INTO THE PROPOSED
INCREASE IN THE RATES OF
GOVERNMENT FEES AND ASSESS
THE ECONOMIC AS WELL AS THE
FINANCIAL IMPACT OF ITS IMPLE-
MENTATION ON THE PEOPLE FOR
THE PURPOSE OF CRAFTING A
RELEV ANT POLICY THAT IS
FOCUSED ON ADDRESSING THE
ADVERSE EFFECTS OF PRICE
INCREASES IN THE MOST
VULNERABLE SECTORS OF OUR
PHILIPPINE SOCIETY
Introduced by Senator Villar
To the Committees on Economic Affairs;
and Trade and Commerce
Proposed Senate Resolution No, 569, entitled
RESOLUTION URGING THE SENATE
COMMITTEE ON GAMES, AMUSE-
MENT AND SPORTS TO CONDUCT
A STUDY, IN AID OF LEGISLATION,
ON THE STATE OF PHILIPPINE
SPORTS AND REVIEW THE
CURRENT POLICIES CONCERNING
ITS PROMOTION AND DEVELOP-
MENT WITH THE END-IN-VIEW OF
CRAFTING A RELEVANT LAW
THAT WILL ENCOURAGE THE
INTEREST IN SPORTS VIs-A-VIS
PROVIDE INCENTIVES FOR THE
PARTICIPATION OF THE PRIVATE
SECTOR IN THE TRAINING OF
FILIPINO ATHLETES WHO WILL
COMPETE IN INTERNATIONAL
ATHLETIC MEETS AND WORLD
CHAMPIONSHIPS
Introduced by Senator Villar
167
To the Committee on Games, Amnsement
and Sports
Proposed Senate Resolution No. 570, entitled
RESOLUTION URGING THE SENATE
COMMITTEE ON YOUTH, WOMEN
AND FAMILY RELATIONS TO
CONDUCT AN INQUIRY, IN AID
OF LEGISLATION, INTO THE
PROGRAMS AND APPROACHES OF
THE DEPARTMENT OF SOCIAL
WELFARE AND DEVELOPMENT
TO SWEEP AND CLEAR THE
METROPOLIS OF STREET
CHILDREN WITH THE OBJECTIVE
OF CRAFTING A LEGISLATION
THAT PROMOTES LONG-TERM
SOLUTION TO THE PROBLEM
Introduced by Senator Villar
To the Committees on Yonth, Women and
Family Relations; and Social Jnstice, Welfare
and Rnral Development
Proposed Senate Resolution No. 571, entitled
RESOLUTION DIRECTING THE PROPER
SENATE COMMITTEE TO CONDUCT
168
AN INQUIRY, IN AID OF LEGIS-
LATION, ON THE NEED TO
CREATE MEASURES AND
STRICTER PENALTIES TO PREVENT
LAW ENFORCEMENT AGENTS
FROM INFLICTING VIOLENCE ON
SUSPECTS, PRISONERS, AND
DETAINEES
Introduced by Senator Defensor Santiago
To the Committees on Jnstice and Human
Rights; and Public Order and Dangerous Drugs
Proposed Senate Resolution No, 572, entitled
RESOLUTION DlRECTNG THE PROPER
SENATE COMMITTEE TO CONDUCT
AN INQUIRY, IN AID OF LEGIS-
LA TION, ON THE PREVAILING
AND DEPLORABLE PRACTICE
OF ILLEGAL TRAFFICKING OF
UNBORN BABlES
Introduced by Senator Defensor Santiago
To the Committee on Youth, Women and
Family Relatious
COMMUNICA TION
Letter from the Supreme Court, dated IS August
2011, furnishing the Senate with an advanced
copy of its 20 I 0 Annual Report, pursuant to
Article VIll, Section 17 of the Constitution
To the Committee on Justice and Human
Rights
COMMITTEE REPORT
Committee Report No, 54, prepared and submitted
jointly by the Committees on Civil Service and
Government Reorganization; Environment and
Natural Resources; and Finance, on Senate Bill
No, 2941, with Senator Trillanes IV as author
thereof, entitled
AN ACT REGULATING THE PRACTICE
OF GEOLOGY IN THE PHILIPPINES,
REPEALING FOR THE PURPOSE
REPUBLIC ACT NUMBERED FOUR
THOUSAND TWO HUNDRED
MONDAY, AUGUST 22, 2011
NINE (RA NO, 4209), OTHERWISE
KNOWN AS "GEOLOGY PROFES-
SION ACT OF THE PHIILIPPINES'
AND FOR OTHER PURPOSES,"
recommending its approval in substitution of
Senate Bill No, 317,
Sponsor: Senator Trillanes IV
To the Calendar for Ordinary Business
SUSPENSION OF SESSION
Upon motion of Senator Sotto, the session was
suspended to allow Senate President Enrile and
Senator Cayetano (P) to present the Senate Resolution
of Commendation to the members of the Philippine
Dragon Boat Team,
It was 4:28 p.m.
RESUMPTION OF SESSION
At 4:37 p.m., the session was resumed.
MANIFESTATION OF SENATOR SOTTO
Senator Sotto stated that although the Body was
supposed to tackle five other measures that day,
interpellations on the Reproductive Health (RH) bill
would take precedence. As Majority Leader, he
gave assurance that no dilatory tactics would be
used to prevent the early disposition of the bill that
WOUld, depending on its merits, either pass or fail the
scrutiny of the Members.
COMMITTEE REPORT NO. 49
ON SENATE BILL NO. 2865
(Continuation)
Upon motion of Senator Sotto, there being no
objection, the Body resumed consideration, on Second
Reading, of Senate Bill No. 2865 (Committee Report
No. 49), entitled
AN ACT PROVIDING FOR A NATIONAL
POLICY ON REPRODUCTIVE
HEALTH AND POPULATION AND
DEVELOPMENT.
Senator Sotto stated that the parliamentary status
was the period of interpellations.
MONDAY, AUGUST 22.2011
Thereupon, the Chair recognized Senators
Cayetano (P) and Defensor Santiago, Cosponsors of
the measure,
MANIFESTATION
OF SENATOR CAYETANO (P)
Senator Cayetano (P) reiterated that as agreed
upon, she would primarily answer questions on the
socio-economic issues pertinent to the bill while
Senator Defensor Santiago would answer questions
on theology and the law and both of them would
provide additional responses as may be required,
Since the bill is lengthy and covers various
issues, she informed the Body that she and Senator
Defensor Santiago have decided to defend the
RH bill only on Mondays and Tuesdays so that
Wednesdays would be reserved for other measures,
INTERPELLATION OF SENATOR SOTTO
Asked by Senator Sotto what she meant when
she said, "When does life begin? Doctors and scientists
do not know, and it would be presumptuous for
legislators to settle this question by the expedient of
parliamentary debate," Senator Defensor Santiago
stated that some doctors and scientists do say they
know although, the profession itself has not taken an
official position on the issue.
Senator Sotto disagreed, adverting to the
statement of Comm, Bernardo Villegas of the
Constitutional Commission who, he believed, cleared
up said issue when, on September 12, 1986, he
proposed Section IX of the Constitution which
mandates the State to equally protect the life of the
mother and her unborn child from the moment of
conception and in so doing said:
To the question, is the fertilized ovum alive?
xxx Yes, the fertilized ovum is alive. First of all,
like all living organisms, it takes in nutrients
which it processes by itself. It begins doing
this upon fertilization. Secondly, as it takes in
these nutrients, it grows from within. Thirdly,
it multiplies itself at a geometric rate in the
continuous process of cell division, All these
processes are vital signs of life. Therefore, there
is no question that biologically the fertilized
ovum has life.
To the second question, Is it human?
Human genetics gives an equally categorical
yes. At the moment of conception, the nuclei of
the ovum and the sperm rupture. As this
happens, 23 chromosomes from the ovum
combine with 23 chromosomes of the sperm to
form a total of 46 chromosomes. A chromosome
count of 46 is found only- and I repeat, only -
in human cells, Therefore, the fertilized ovum is
human. Since these two questions have been
answered affirmatively, we must conclude that if
the fertilized ovum is both alive and human, then,
as night follows day, it must be human life, Its
nature is human.
169
Moreover, Senator Sotto pointed out that biology
and neonatology experts have likewise spoken on the
beginning of human life, quoting a statement in the
editorial "A New Ethic for Medicine and Society" of
the California Medicine Journal 6768, to wit:
Since the old ethic has not yet been fully
displaced, it has been necessary to separate the
idea of abortion from the idea of killing, which
continues to be socially abhorrent. The result
has been a curious avoidance of the scientific
fact, which everyone really knows, that human
life begins at conception and is continuous
whether intra- or extra-uterine until death. The
very considerable semantic gymnastics which
are required to rationalize abortion as anything
but taking a human life would be ludicrous if
they were not often put forth under socially
impeccabJe auspices.
In addition, Senator Sotto quoted the statements
of the following authors on the same issue:
Drs. OJ. Moran, lD, Gorby and T.W. Hilgers,
in an article entitled "Abortion in the Supreme
Court: Death Becomes a Way of Life" (Sheed
and Ward, 1974) wrote:
Individual human life begins at
conception and is a progressive, ongoing
continuum until natural death. This is a fact
so well established that no intellectually
honest physician in full command of modem
medical knowledge would dare to deny it.
There is no authority in medicine or biology
who can be cited to refute this concept. It is
not a "theory," as Justice Blackmun wished
to easily pass it off.
Leslie Arey, in his book Developmental
Anatomy (7th Edition, 1974), wrote:
The formation, maturation and meeting
of a male and female sex cell are all preliminary
to their actual union into a combined c e l l ~ or
zygote, which definitely marks the beginning
of a new individual.
170
K.L. Moore, author of the book, The
Developing Human: Clinically Oriented
Embryology (2nd Edition, 1977, Philadelphia:
W.B. Saunders Publishers. Pages I and 12),
wrote:
Zygote. This cell results from fertilization
of an oocyte by a sperm and is the beginning
of a human being ... Development begins at
fertilization, when a sperm unites with an
oocyte to form a zygote. Each of us started
life as a cell called a zygote.
Drs. E.L. Potter, and J.M. Craig, authors of
the book, "Pathology of the Fetus and the
Infant" (3rd Edition. Chicago: Year Book
Medical Publishers, 1975), wrote:
Every time a sperm cell and ovum unite,
a new being is created which is alive and will
continue to live unless its death is brought
about by some specific condition.
Further, Senator Sotto cited Dr. Santiago del
Rosario of the Philippine Obstetrics and Gynecological
Society who, during the hearing of the Committee on
Youth, Women and Family Relations on the protection
of the unborn child, affirmed and said:
The opening statement of Senator Sotto,
think, mentions about the beginning of life
wherein 23 chromosomes from the mother, 23
chromosomes from the father to make one
fertilized ovum. There would be some slight
correction there, Honorable Satto, in those
chromosomes, because actually the chromo-
somes from the sperm there are 23 somatic and
one sex chromosome also from the mother. So
when they are mixed, 46 somatic chromosomes
into six chromosomes will determine a human
being. If it is X and Y chromosomes, it will be
a boy; X and X chromosomes, it will be a
female".
He noted that Dr. Oscar D. Tinio of the Philippine
Medical Association, also said:
Life begins at fertilization. And anything
that prevents the fertilized ovum from being
planted in the uterus is considered abortive.
Senator Sotto posited that the statements he
cited prove that doctors and scientists do know when
life begins, contrary to the conclusion of the
Committee.
In reply, Senator Defensor Santiago stated that
she was impressed by the amount of research that
MONDAY, AUGUST 22, 2011
went into answering the question: When does life
begin? She said that she, herself, made use of quota-
tions in her sponsorship speech and that, she pointed
out, is proof that doctors and scientists themselves
cannot agree on when life begins. She stressed that
there ought to be a person or a group of persons
considered authoritative and vested with powers to
resolve that specific question, but unfortunately, she
said, it is philosophical and there is no way to prove
it either for or against. She said that for her, it is an
opinion question which cannot be disputed because
every person has the right to hold an opinion.
As regards the quotation from the Records of
the Constitutional Commission that pertains to a
question of law, Senator Defensor Santiago stated
that as she explained in her sponsorship speech,
the opinion of one delegate is not binding on the
entire membership of Constitutional Commission
and no one knows how many opposed the statement
when it was made and the records can never tell.
Besides, she said, Dr. Bernardo Villegas is not a
Doctor of Medicine but a Doctor of Economics, so
it was a matter of extreme curiosity why he made a
supposedly infallible decision on a question about
which the world's brightest scientists and doctors
cannot even reach consensus. She said that based on
her extensive readings, scientists have not agreed on
the start of human life and have instead taken
different positions on whether human life begins at
fertilization; or implantation; or at the development of
the neural nerve.
However, Senator Defensor Santiago stated that
scientists agree on when pregnancy occurs and that
is at implantation, noting though that 70% offertilized
eggs do not develop into pregnancy. She went on to
quote the Reproductive Health Advocay Network's
paper, to wit:
Statement on S8 2497
xxx
2. Conception is the common term usually
denoting the start of pregnancy. This start is
interpreted by some to mean fertilization or
the union of sperm and egg to create a
zygote; but also by others ego the American
College of Ob-Gyn (ACOG) and the
International Federation of ObGyn (FIGO)-
to mean implantation in the uterus and the
creation of a distinct biological being. To
prevent this confusion, WHO and the
International Committee for Monitoring
Assisted Reproductive Technology
AfP'rt
MONDAY, AUGUST 22, 2011
(leMART), recommend stopping the use of
"conception" and instead use "fertilization"
and "implantation" to refer to the equally
distinct and vital stages in the beginning of
pregnancy.xxx
xxx The bill also refers to "moment of
fertilization)) as if there is one specific
moment offertilization. Most developmental
biology and embryology books describe
fertilization as a complex process, requiring
the rare event of capacitated spenn and
egg coming together and followed by at
least six phases of events, each one of which
could and does go awry.
Fertilization takes about 24 hours, after
which the result could be a zygote, no zygote,
or a defective one. The outcome is difficult
to predict and measure. In fact, the first clear
indication of a positive pregnancy is the
elevated human chorionic Gonadotropin
(heG), which follows the successful implant-
ation of a successful fertilization.
She also read the dispositive portion of the letter
of the World Health Organization (WHO) to the
House of Representatives dated June 6, 2011, to wit:
To date, there is no scientific evidence
supporting the contention that hormonal
contraceptives and IUD prevent implantation of
the fertilized ovum. While hormonal contracep-
tive, directly or indirectly have effects on the
endometrium that may hypothetically prevent
implantation, there is already strong evidence on
the primary mechanism of action of the following
contraceptives:xxx
As regards the issue of the thinning of the
endometrium from using contraceptives, Senator
Defensor Santiago stated that according to the letter
of WHO, "it is not known to date," and that there are
opinions on either side of the debate. She stated that
she cannot be compelled to believe which opinion
shou Id prevail since she does not even have the
authority to make such a decision. In the same
manner, she said, she would resent adopting an
opinion of an individual who is not even a scientist or
a doctor. She stressed that everyone is entitled to his/
her opinion.
As regards the letter of the WHO, Senator Sotto
stated that he was more inclined to believe the
Philippine Medical Association's opinion, noting that
the WHO was in close collaboration with the United
Nations Population Fund or UNFPA that addresses
171
population and development issues with emphasis on
reproductive health and gender equality. He informed
the Body that one of the major donors of the
UNFPA was DKT International, a charitable non-
profit organization that promotes family planning and
HIV -AIDS prevention through social marketing.
He revealed that one of its marketing arm is DKT
Philippines that began its social marketing campaign
in the country in 1991 by introducing Trust condoms.
Moreover, he said that in 2010, DKT Philippines sold
over 40 million condoms, over 27 million oral contra-
ceptives, over one million injectable contraceptives
and over 30,000 IUDs.
If indeed doctors and scientists are unsure when
life begins, Senator Sotto inquired whether the Body,
given this doubt, would still pass a bill that would kill
the life of an unborn child. He urged the Members,
if they are unsure when life is created, be it during
fertilization or implantation, to be prudent and to
verify.
As regards the unborn, Senator Sotto recalled
that the Constitutional Commission approved in its
entirety the constitutional provision: "The State xxx
shall equally protect the life of the mother and the
life of the unborn from conception xxx" that Com-
missioner Villegas proposed. In response, Senator
Cayetano (P) stated that according to Fr. Joaquin
Bernas, one of the Commissioners, "The advocacy
of the provision was borne principally by Bishop
Bacani and Commissioner Bernardo Villegas, a
stalwart Catholic layman."
She agreed with Senator Defensor Santiago
that lay people like themselves have opinions on
the issne. She noted that in Part I of her speech,
Senator Defensor Santiago mentioned Pope Paul
VI's Encyclical "Humanae Vitae" that condemned
the use of artificial methods of contraceptions,
including the pill. She disclosed that the day after the
encyclical came out, 87 Roman Catholic theologians
issued a dissenting statement that was published in
the New York Times and according to them, "married
couples may responsibly decide according to their
conscience that artificial contraception, in some
circumstances, is permissible and indeed necessary
to preserve and foster the value of sacredness of
maniage." Eventually, she noted, over 600 theologians
joined the statement so that on November 15, 1968,
the National Conference of Catholic Bishops issued
a pastoral letter hoping to calm the controversy.
She stated that although the letter strongly supported
172
the Pope's stand that artificial contraception is evil,
the bishops also acknowledged that certain circum-
stances may reduce moral guilt and that the decision
is a matter of individual conscience, She believed
that the issue is an opinion question and it might not
be solved in a lifetime,
Senator Satta believed that only the Supreme
Court could decide the issue, He stated that whatever
the opinion of the majority might be, what is important
is that he was able to voice out his views,
At this junction, Senate President Pro Tempore
Ejercito Estrada relinquished the Chair to Senator
Honasan,
INQUIRY OF SENATOR RECTO
Citing the statement of Senator Sotto that "life
begins during fertilization" and the statement of
Senator Defensor Santiago that it begins at implanta-
tion, Senator Recto expressed the belief that the
Members were discussing the issue to enrich the
records ofthe proceedings, He stated that he totally
agreed with Senator Satta but he also understood
Defensor Santiago,
Senator Satta posited that the bill proposes the
use of contraceptives, most of which, if not all, are
abortifacients,
On the assumption that implantation is the start
of I ife, Senator Recto stated that the use of condoms
would be legal because it would not allow the sperm
and the egg to meet; if it is the other way around,
most of the pills are abortifacients,
COMMENTS
OF SENATE PRESIDENT ENRILE
Senate President Enrile recalled that 50 years
ago, the subject Persons and Family Relations taught
him that rights begin upon conception, He expressed
doubt if the principle had changed. He pointed out
that in the application of the rules of succession, an
unborn child is already entitled to some rights.
Senate President Enrile supposed that the Civil
Law was crafted to adopt such a concept on the
basis of scientific knowledge. Thus, he believed that
the Body should explore the possibility that conception
takes place during implantation or that it takes place
during fertilization.
MONDAY, AUGUST 22,2011
Senator Satta stressed that the Constitution is
very clear when it said that: "The State shall protect
the unborn from conception".
INTERPELLATION OF SENATOR SOTTO
(Continuation)
Asked by Senator Satta about the statistics that
II mothers die everyday, Senator Defensor Santiago
stated that the figure came from the 2008 National
Demographic and Health Survey of the National
Statistics Office, a copy of which was officially given
to her.
On whether the NSO's data should be given
importance, Senator Defensor Santiago replied in the
affirmative. Thereafter, she read pertinent portions
from the "Data on Adolescent Sexual Behavior" by
the UNFPA, to wit:
There is empirical basis for the II deaths per
day. This number is based on the 2005 estimates
developed by WHO, UNICEF, UNFPA and the
World Bank and reported in a publication
entitled "Maternal Mortality in 2005". In the
document, the number of maternal deaths in the
Philippines was estimated at 4,600. The estimates
were made following a standartized methodology
across countries, to ensure country to country
comparability, which is helpful in tracking the
country's progress in the achievement of the
Millenium Development Goals. Thus, the
numbers may defer from government's statistics
which may use varying methodologies.
Senator Defensor Santiago said that the latest
Philippine government statistics on maternal mortality
rate that were based on the 2006 Family Planning
Survey published by the National Statistics Office
showed a Maternal Mortality Ratio (MMR) of 162
maternal deaths per 100,000 live births, and as
explained by the UN-WB document, it is difficult to
make estimates in countries such as the Philippines
for three reasons:
I. It is challenging to identify maternal deaths,
particularly in settings where routine recording
of death is not complete within the civil
registration systems and the death of a woman
of reproductive age might not be recorded;
2. Even if such death was recorded, the woman's
pregnancy status might not have been known
and the death would therefore not have been
recorded as a maternal death; and
MONDAY, AUGUST 22, 2011
3. In most developing-country settings where
medical certification of cause of death does not
exist, accurate attribution of female death as
maternal death is difficult.
As regards the comment that the headline
"II mothers a day die from childbirth everyday"
was inaccurate, Senator Defensor Santiago clarified
that in the absence of evidence, the statement can
be either accurate or inaccurate because there is
no organized methodology of proving the deaths.
Senator Sotto asked Senator Defensor Santiago
if she was aware that the NSO survey was conducted
by the United States Agency for International
Development (USAID) that, he revealed, works
hand-in-hand with contraceptive manufacturers like
DKT. He noted further that there were no names
or faces attached to the statistics.
In reaction, Senator Defensor Santiago stated
that Senator Cayetano (P) would provide Senator
Sotto with a more comprehensive answer. She
acknowledged that the issue of condom manufac-
turers might be considered a factor in the debates,
but she observed that every time the government
spends money, a certain sector of society makes
money. She said that the main purpose of govern-
ment is to maintain peace and order but every time
it orders some goods or services for the army or the
police, such as guns, helmets, uniforms, or socks,
someone will make money. In a capitalist society,
she said that everything that the government does
will entail an expense which will mean a profit for
the businessperson allowed to engage in that particular
business. She opined that in creating an army or
national police, it does not mean a project is necessarily
flawed just because some people will make money
out of the business transaction.
As regards the perception that the bill was about
money and not about health, Senator Defensor
Santiago stressed that the bill was about the right to
reproductive health.
Senator Sotto requested the Committee to provide
him with an explanation as to how the NSO-USAID
survey was able to come up with the data of II
maternal deaths a day. Senator Cayetano (P)
explained that the data pertain to age groups, to wit:
Age Croup
15 - 19
20 - 24
Maternal Death Rate per Day
1:1
3:2
173
She explained that if the data by age groups are
added up and divided by 100,00 live births, it comes
to a ratio of 11: I. However, she agreed with Senator
Defensor Santiago that the data were just estimates
and the figure could be even be higher.
In terms of maternal mortality rates in certain
hospitals, Senator Cayetano (P) bared that in East
Avenue Hospital, there were 26 deaths in 2010; as
regards maternal morbidity cases, there were some
cases wherein the women did not die owing to the
special care provided by some tertiary hospitals.
She disclosed the following statistics tram the East
Avenue Medical Center: complications of pregnancies
and deliveries - 2,776; spontaneous abortions -1,329;
other pregnancies with abortive outcomes - 627. She
noted that from East Avenue Medical Center alone,
there were already 5,000 cases. She said that she
has figures too from other hospitals like Mindanao
Medical Center, Rizal Medical Center, Taguig and
Pateros hospitals, among others, that could provide
the best health care, and she feared figures from
secondary and primary hospitals, rural health care
units and in the barangays could be higher than what
were actually reported.
As regards the comment that there were no
names or faces behind the maternal death statistics,
Senator Cayetano (P) named the following women
present in the gallery who survived owing to medical
intervention:
"Bing," 38 years old, a scavenger from
Manila: She has five living children, all of
whom were born within less than a year
of each other. She feeds her babies
brown sugar and water or coffee and
water. She wanted a ligation because
she did not want to have more children
but she cannot afford the ligation fee
charged by the hospital and the service
was not provided by the local government
or the national government.


"Gigi," a battered wife: She fed her four
living children brown sugar and water.
She wanted a ligation but was not able to
get one;
"Emma," 47 years old, a devout Catholic:
She helps nuns conduct Bible studies in
communities. She has seven children and
wanted to get pills but it was not available
in the health center.
174
Senator Cayetano (P) said that these are the
faces of women who want reproductive health care
but do not have access to it because it is not
available in many local government units,
Senator Sotto argued that the matter should be
brought to the attention of the Department of Health
which, in fact, claimed that information campaigns
and programs on reproductive health had been made
available to women.
As regards feedbacks from doctors and hospitals
who disputed the daily maternal deaths statistics,
Senator Cayetano (P) said that she was not aware of
any hospital where a mother has not died due to
childbirth or a related cause. She underscored that
the bill refers to the whole range of childbirth,
pregnancy and reproductive health-related services.
INQUIRY OF SENATOR ARROYO
At this point, Senator Arroyo asked Senator
Sotto what his position is on the issue of when life
begins. In response, Senator Sotto stated that life
begins at fertilization, when the sperm meets the egg.
Asked the same question, Senator Cayetano (P)
said that she shares the view of Senator Defensor
Santiago that the issue has been debated by medical
and scientific experts lengthily and personally,
and she believed that it would never be resolved,
However, she expressed the view that for purposes
of the bill, as supported by findings of the World
Health Organization (WHO), it is important to
differentiate fertilization from implantation. She
explained that fertilization is the process by which a
single sperm gradually penetrates the layers of an
egg to form a new cell known as zygote, She
explained that a fertilized egg by itself cannot survive,
so implantation in the uterus is necessary for viability.
She said that in cases of an ectopic pregnancy,
fertilization occurs but the egg does not go down and
implant itself in the uterus and the woman can die if
the egg is left in the fallopian tube.
Senator Cayetano (P) revealed that in many
Latin American countries, medical professionals faced
a dilemma because a law was passed preventing
medical professionals from intervening in women's
health, and what happened then became a terrible
part in their countries' medical history because the
doctors saw women dying right before their eyes but
could not intervene for fear they would be put in prison.
MONDAY, AUGUST 22, 2011
INTERPELLATION OF SENATOR SOTTO
( Continuation)
Senator Sotto noted that Senator Cayetano (P),
in referring to the zygote, used the term "survive"
which supports the fact that it is alive. Senator
Cayetano (P) reiterated that the issue would never
be resolved because Senator Sotto has very strong
opinion on fertilization while she adheres to the
WHO-pronouncement that pregnancy occurs upon
implantation. She said that aside from ectopic
pregnancy, there are other kinds of pregnancies that
will never result in the formation of a foetus because
without proper implantation, the zygote is naturally
aborted or expelled.
INQUIRY OF SENATOR LACSON
At this juncture, Senator Lacson asked when life
probably begins, more specifically, if there is already
a probability of life after sexual intercourse.
Responding thereto, Senator Cayetano (P) said that
based on the findings of medical professionals and
experts from the WHO, a fertilized egg by itself
cannot survive without implantation. Being neither a
scientist nor a doctor, she begged the Body's
indulgence for using certain terms,. She stated that
without implantation, the fertilized egg cannot evolve
into a living person.
Senator Lacson surmised that after sexual
intercourse, no one knows if the cells would be
fertilized. Senator Cayetano (P) reiterated that almost
50% of the cells are naturally expelled, therefore,
without implantation, life would not be formed.
Asked by Senator Lacson if the probability oflife
ought to be assumed, Senator Cayetano (P) agreed,
saying that such was her moral position. However,
she clarified that it must not be interpreted to
mean she does not adhere to the WHO findings
and conclusions that contraceptives available in
the country are not abortifacient.
Asked on the classification of the morning-after
pill, Senator Cayetano (P) said that she could only
provide data on its findings at a later time but not her
opinion.
INQUIRY OF SENATOR RECTO
On the issue of in vitro fertilization, Senator
Recto pointed out that many couples who have
#'r
MONDAY, AUGUST 22, 2011
difficulty conceiving a child resort to this medical
procedure that involves the fertilization of the egg
with the sperm in a dish and after the multiplication
of the cells, it is then implanted in the uterus so that
it could further develop into a foetus, then eventually
into a full human being. Therefore, he concluded
there is life during the fertilization because if there
were none, implantation in the uterus would not take
place. However, he acknowledged that the definitions
given by both sides are correct and that he was not
against the RH bill.
Senator Recto stressed that the question that has
to be underscored in the bill is the classification of
contraceptives as either legal or illegal. He stressed
that the emphasis is not so much on the protection
of the unborn, but on the right to life. He added that
the bill could be amended at the proper time as he
admitted the need to pass a bill on reproductive
health.
On the issue of maternal deaths, Senator Recto
asked on its relevance in relation to contraceptives.
Although he does not ignore the fact that women
die from child birth, he stated that spending billions
on contraceptives is not the solution to the problem.
He suggested that resources should, in fact, be
allocated to ensure that no woman dies in this
country while giving birth. He clarified that he does
not have a problem with adults buying or using
contraceptives but has reservations about giving
contraceptives (0 minors in barangay halls or health
centers, without the permission of their parents.
Senator Recto acknowledged the importance of
the issue of maternal deaths per year, but he pointed
out that the recent dengue outbreak that resulted in
numerous deaths has not been discussed as lengthily
as the RH bill.
Reverting to the issue of maternal deaths, Senator
Cayetano (P) stated that many doctors, especially
those in maternal health care, are aware that
consecutive pregnancies are risky for women and
that the recommended spacing between births is
three years. She said that if a specific family planning
method, either natural or artificial, would be followed,
then the woman has a better chance of having a
healthy pregnancy. She posited that without some
form of family planning, it would be very difficult for
a couple with an active sex life to prevent pregnancy
from occurring even two months after the birth of
their child which makes contraceptives indispensable.
175
Senator Recto agreed, but he pointed out that the
datum on maternal deaths per day does not necessarily
mean there were unwanted pregnancies, or that the
women lacked access to information and contracep-
tives. Senator Cayetano (P) said that the RH bill covers
all reproductive health issues of women, including the
right of a woman to a healthy pregnancy, the right to
plan her pregnancy, and access to information and
contraceptives. She added that the mortality rate is
greater in the lower socio-economic classes.
Senator Recto concluded that the issue then is
access and affordability, on which issue he would be
willing to work with Senators Cayetano (P) and
Defensor Santiago. In closing, he made reservation
to interpellate on the bill further when his turn comes.
INQUIRY OF SENATOR OSMENA
Senator Osmefia pointed out that the Constitution
uses the word "conception," but for further clarifica-
tion, he asked about its definition in relation to
implantation and fertilization. Senator Cayetano (P)
stated that according to the WHO Committee on
Science and Technology, and the American College
of Obstetricians and Gynecologists, pregnancy is
"the state of a female after conception and until
termination of the gestation," while conception is "the
implantation of the blastocyst and it is not synony-
mous with fertilization."
Asked if such definition was used by the framers
of the Constitution when they included the provision
on protecting the life of the unborn from conception,
Senator Cayetano (P) cited the commentary of
Fr. Joaquin Bernas on the Constitutional Commission's
appreciation of the question "when does )pnception
begin": "Although the constitutional provi-sion does
not assert with certainty when human lif;' precisely
begins, it reflects the view that, in dealing with the
protection of life, it is necessary to take the safer
approach. For this reason the Constitution commands
that protection be given from conception, that is,
from the fertilization of the zygote."
However, Senator Cayetano (P) stressed that, as
explained by Father Bernas, the provision clearly
reflects a Catholic approach to the problem and that
its main advocates were Bishop Teodoro Bacani and
Comm. Bernardo Villegas, a Catholic layman. She
reiterated that no less than 600 theologians and
priests dissented from the position of Pope Paul VI
on contraceptives in his encyclical.
176
Senator Cayetano (P) said that the debate on
the RH bill is based mostly on the opinions of people
with different religious backgrounds, However, she
underscored that as a senator, it is her mandate to
make a decision that will be applicable to every
Filipino, not to a particular religion,
Asked if the framers of the Constitution accepted
a definition of "conception" that was acceptable to
Catholics, making the WHO definition irrelevant,
Senator Cayetano (P) asserted that as a law-making
body, Congress has the ability, authority and responsi-
bility to construe the meaning of the Constitution.
She stated that there is need to consult with health
and medical experts, noting that the framers of the
Constitution were non-experts on the issue but their
statements were being brought into the debate. The
weight of the discussions to be brought by the Body
into the debate, she asserted, would be instrumental
in clarirying the issue.
Senator Osmefia believed that the meaning of
the word "conception" as used in the Constitution
was precisely what Father Bernas and Commissioner
Bernie Villegas meant it to be: life begins at fertiliza-
tion. But Senator Cayetano (P) pointed out that in his
book, Father Bernas wrote that the discussions and
deliberations on the issue during the Constitutional
Commission were not intended to pinpoint the exact
moment when conception takes place.
Asked if this implied that Congress has the
power to define whether conception takes place during
fertilization or implantation, Senator Cayetano (P)
believed that Congress is not bound by any specific
statement made by the framers of Constitution, and
that the Members have the authority and responsibility
to explore the intention ofthe constitutional provision.
INTERPELLATION OF SENATOR SOTTO
( Continuation)
At this point, Senator Sotto quoted Fr. Joaquin
Bernas and Dr. Bernie Villegas, both members of
the Constitutional Commission of 1986, in IV Record
of the Constitutional Commission 799:
"The intention is to protect life from its
beginning, and the assumption is that human
life begins at conception, that conception takes
place at fertilization."
He said that by a 32 to 8 vote, majority of the
members voted to approve that "conception is defined
MONDAY, AUGUST 22, 201 I
as fertilization, the moment the egg is fertilized by the
sperm."
Senator Sotto agreed with Father Bernas that
"when the ovum is fertilized by the sperm, then there
is human life." He maintained that, obviously, there
is life because the zygote starts to nourish itself, thus,
starts to grow as any living being.
Senator Satta said that absent a Supreme Court
decision on the matter, then a lot of weight should be
placed on what transpired during the deliberations of
the Constitutional Commission. If at all there is are
opinions on the RH bill, he said that there is no need
to enact such opinions into law but merely an
information drive to educate every Filipino about
reproductive and maternal safety.
Senator Sotto inquired whether indeed the
objectives of the bill, as presented by Senator
Cayetano (P) during her sponsorship speech on
Senate Bill No. 2865 on June 7, 2011, were: I) to
save the lives of the mother and the unborn; 2) to
provide Filipinos with infonnation on their reproductive
health so they can make informed and intelligent
decisions; and to 3) provide Filipinos with access to
health care facilities and skilled health professionals.
He also asked whether the salient features of the bill
include the following: I) access to skilled health
professionals before, during and after delivery;
2) establishment and upgrading of facilities and training
of skilled professionals; 3) addressing HIV and other
sexually transmitted diseases; 4) access to different
family planning methods; and 5) age- and development-
appropriate reproductive health education. Senator
Cayetano (P) replied in the affirmative.
To be able to get a full grasp of the measure,
Senator Sotto said that he even dissected the bill by
subdividing its various provisions found according its
objectives and features. He stated that he had nothing
against first objective of the bill which is, in fact,
mandated by the Constitution, only that he feared the
Committee might have overlooked some laws which
have very similar provisions-either in words or in
spirit-as those of the proposed bill.
Thereafter, Senator Sotto presented the follow-
ing table with respect to the pertinent provisions
applicable to the first objective of the bill which is
"to save the lives of the mother and the unborn"
found in Section 3 (Guiding Principles a, b, c and d)
and in Section 4:
MONDAY, AUGUST 22, 2011
RH BILL OBJECTIVES
Objectives: I. Save the lives of
the mother and the unborn,
PERTINENT PROVISIONS
(B) Respect for, protection and
fulfillment of reproductive health
and rights seek to promote not
only the rights and welfare of
adult individuals and couples but
those of adolescents and child-
ren as well
(C) Effective reproductive health
care services must be given
primacy to ensure maternal health
and birth of healthy children, in
line with the state's duty to pro-
mote the right to health, respon-
sible parenthood, social justice
and full human development
RELATED LAWS,
PRESIDENTIAL DECREES
ADMINISTRATIVE ORDERS,
EXECUTIVE ORDERS and
GOVERNMENT PROGRAMS
I.) R.A. 9710 An act providing
for Magna Carta of Women
Section 17. Women's Right
to Heallh. - (a) Comprehensive
Health Services. - The State shall,
at all times, provide for a compre-
hensive, culture-sensitive, and
gender-responsive health services
and programs covering all stages
ofa woman's life cycle and which
addresses the major causes of
women's mortality and morbidity:
Provided, That in the provision
for comprehensive health services,
due respect shall be accorded to
women's religious convictions,
the rights of the spouses to
found a family in accordance
with their religious convictions,
and the demands of responsible
parenthood, and the right of
women to protection from hazard-
ous drugs, devices, interven-
tions, and substances.
2.) PD No. 603 THE CHILD
AND YOUTH WELFARE
CODE
Article II. Promotion of
Health. - The promotion of the
Child's health shall begin with
adequate pre-natal and post-
natal care both for him and his
mother. All appropriate measures
shall be taken to insure his
normal total development.It shall
be the responsibility of the
health, welfare, and educational
entities to assist the parents in
looking after the health of the
child. DOH Program:
3.) AO 2008-0029 - Strategy to
Rapidly Reduce Maternal
and Neonatal Mortality
Maternal, Neonatal and
Child Heallil and Nutrition
(MNCHN) It outlined specific
policies and actions for local
177
178 MONDAY, AUGUST 22, 2011
health systems to address health
risks that lead to maternal and
neonatal deaths. The MNCHN
Strategy works to ensure that all
pregnancies are wanted, planned,
supported, and well-managed;
deliveries are facility-based and
managed by skilled birth atten-
dants; and all mothers and new-
borns receive good postpartum
and postnatal care. The following
programs shall be pursued to
attain those objectives: improved
health service delivery, proper
regulation of health facilities,
capacity-building of health care
staff, improved health financing,
and establishment of governance
mechanisms to ensure political
commitment and accountability.
4.) Children's Health 2025
The ultimate goal of Child-
ren's Health 2025 is to achieve
good health for all Filipino
children by the year 2025.
Cflild Health
Health Status Objectives
1. Reduce infant mortality rate
to 17 deaths per 1,000 live
births
2. Reduce mortality rate among
children 1-4 years old to
33.6% per 1000 livebirths
3. Reduce the mortality rate
among adolescents and
youths by 50%
Risk Reduction Objectives
1. Increase the percentage of
fully immunized children
to 90%
2. Increase the percentage of
infants exclusively breastfed
up to six months to 30%
3. Increase the percentage of
infants given timely and
proper complementary feed-
ing at six months to 70%
4. Increase the percentage of
mothers and caregivers who
know and practice home
management of childhood
illness to 80%
MONDAY, AUGUST 22, 20 II 179
(0) The provision of medically-
safe, accessible and affordable
and quality reproductive health
care services is essential in the
promotion of people's right to
health and shall be incorporated
as a component of primary health
care,
5, Reduce the prevalence of
protein-energy malnutrition
among school-age children
6, Increase the health care-
seeking behavior of adoles-
cents to 50%
Services and Proteclion
Objectives
L Ensure 90% of infants and
children are provided with
essential health care pack-
age
2, Increase the percentage of
health facilities with avail-
able stocks of vaccines and
essential drugs and micro-
nutrients to 80%
3, Increase the percentage of
schools implementing school-
based health and nutrition
programs to 80%
4, Increase the percentage of
health facilities providing
basic health services includ-
ing counseling for adoles-
cents and youth to 70%
1. AO 2008-0029 MNCHN
The integrated MNCHN
services shall consist of clinical
and public health interventions
for women and children that
shall be delivered through a
seamless continuum of care that
shall include pre-pregnancy care,
ante-natal care, care during
delivery and postpartum and
postnatal care,
A, Pre-Pregnancy Services
i. Provision of correct inform-
ation and responsive coun-
seling for fertility aware-
ness, maternal nutrition,
birth spacing and adolescent
reproductive health;
ii. Active identification and
servicing of population seg-
ments with unmet needs for
family planning and referral
to alternative sources of
services and supplies when
these are not available in
180 MONDAY, AUGUST 22, 2011
one ~ s service outlet or
facility;
iii. Assurance of a safety net of
fTee family planning services
and supplies for indigent
potential users;
iv. Provision of other basic and
essential services for young
females and women in the
reproductive age.
2.) REPUBLIC ACT NO. 7875
NATIONAL HEAL TH INSUR-
ANCE ACT OF 1995
ARTICLE III
SEC. 5. Establishment and
Purpose. - There is hereby
created the National Health
Insurance Program which shall
provide health insurance cover-
age and ensure affordable,
accept-able, available and
accessible health care services
for all citizens of the Philippines,
in accordance with policies and
specific provisions of this Act.
3.) EXECUTIVEORDERNO.452
DIRECTING THE ENROLL-
MENT OF 2.5 MILLION
INDIGENT FAMILIES PUR-
SUANT TO EO .276 S .2004
AND FOR OTHER PUR-
POSES
Whereas, Republic Act
No. 7875, as amended, otherwise
known as the National Health
Insurance Act of 1995, estab-
lished the National Health
Insurance Program (NHIP) to be
administered by the Philippine
Health Insurance Corporation
(Philhealth) to operationalize the
aforesaid constitutional mandate
by providing health insurance
coverage and ensuring afford-
able, acceptable, available and
accessible health care services
for all citizens of the Philippines
4.) Republic Act No. 9502
Cheaper Medicine Act
SEC. 23. Lisl of Drugs and
Medicines IIIUI are Subjecl 10
MONDAY, AUGUST 22,2011
Price Regulation. - The list of
drugs and medicines that are
subject to price regulation shall
include, inter alia
( C) Drugs and medicines indi-
cated for prevention of preg-
nancy, e.g., oral contraceptives;
5.) A.O. 2010-0010- Revised
Policy on Micronutrient
Supplementation to Support
Achievement 00015 MDG
Targets to Reduce Under
five and Maternal Deaths
and Address Micronutrient
Needs of Other Population
Groups
- Micronutrient supplements
for 0-59 months old children and
pregnant and lactating women.
6.) DOH Program
Botika ng Barangay (BnB)
The BnB program aims to
promote equity in health by
ensuring the availability and
accessibility of affordable, safe
and effective, quality, essential
drugs to all, with priority for
marginalized, underserved, critical
and hard to reach areas.
(I) While this Act does not
amend penal law on abortion, the
government shall ensure that all
women needing care for post-
abortion complications shall be
treated and counseled in a
humane, non-judgmental and
compassionate manner.
\.) RA 9710 Magna Carta of
Women
SEC. 17. Women's Right to
Health.
Access to the following
services shall be ensured:
(I) Maternal care to include
pre- and post-natal services
to address pregnancy and
infant health and nutrition;
(7) Prevention of abortion and
management of pregnancy-
related complications;
2.) AO 2008-0029 Implement-
181
182 MONDAY, AUGUST 22, 2011
ing Health Reforms for
Rapid Reduction of Maternal
and Neonatal Mortality
Postpartum and Postnatal Care
i. Provision of proper post-
partum/postnatal care for
mothers and neonates; and
ii, Provision of the whole
range of women's health
care services for mothers
and of the child survival
package for children
Integrated MNCHN services
refer to a package of services for
women, Mothers and children
that COver the continuum of the
following:
L Known appropriate clinical
case management services
in preventing direct causes
of maternal and neonatal
deaths, and which are within
the capacity of the health
system to routinely provide,
and;
2, Known cost-effective public
health measures capable of
reducing exposure to and
the severity of risks for
maternal and neonatal
deaths, that are within the
capacity of the health
system to routinely provide,
3,
3.) Prevention and
Management Abortion
and its complications
Includes counseling, parti-
cularly on those clients or mothers
who are having unwanted or
unplanned pregnancies, And
this is included also counseling
and family planning; and also
counseling on the aftermath of
an abortion with complications,
particularly clients who have
been hospitalized and who have
undergone treatment for the
complications like infection,
hemorrhage and other complica-
tions that came out from abor-
tion, This program has been
established by DOH routine
MONDAY, AUGUST 22, 20 II
SECTJON4
(R) Reproductive Health Care-
the access to a full range of
methods, techniques,facilities
and services that contribute to
reproductive health and well
being by preventing and solving
reproductive health-related
problems. It also includes sexual
health, the purpose of which is
the enhancement of life and
personal relations. The elements
of reproductive health care
include:
I. maternal, infant and child
health and nutrition includ-
ing breastfeeding
2. family planning information
and services;
3. prevention of abortion and
management of abortion
complications;
4. adolescent and youth repro-
ductive health;
5. prevention and management
of reproductive tract infec-
tions (RTls), HIV and AIDS
and other sexually transmitt-
able infections (STI s);
6. elimination of violence
against women;
7. education and counseling
on sexuality and sexual
health;
8. treatment of breast and
reproductive tract cancers
and other gynecological
conditions and disorders;
9. male responsibility and
participation in reproductive
health; and
10. Prevention and treatment of
infertility and sexual
dysfunction.
hospitals. Training has been
undertaken for medical and
paramedical workers, particularly
doctors in terms of proper
management of abortion and its
complications.
I,) R.A, 9710 An act providing
for Magna Carta of Women
Section 17. Women's Rig/tt
to Health. - Access to the
follow-ing services shall be
ensured:
(I) Maternal care to include pre-
and post-natal services to
address pregnancy and infant
health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal,
safe, and effective methods
of family planning;
(4) Family and State collabora-
tion in youth sexuality educa-
tion and health services with-
out prejudice to the primary
right and duty of parents to
educate their children;
(5) Prevention and management
of reproductive tract infec-
tions, including sexually
transmitted diseases, HIV,
and AIDS;
(6) Prevention and management
of reproductive tract cancers
like breast and cervical can-
cers, and other gynecological
conditions and disorders;
(7) Prevention of abortion and
management of pregnancy-
related complications;
(8) In cases of violence against
women and children, women
and children victims and
survivors shall be provided
with comprehensive health
services that include psycho-
social, therapeutic, medical,
and legal interventions and
assistance towards healing,
recovery, and empower-
ment;
(9) Prevention and management
,r
183
184 MONDAY, AUGUST 22, 20 II
of infertility and sexual
dysfunction pursuant to
ethical norms and medical
standards;
(10) Care of the elderly women
beyond their child-bearing
years; and
(11) Management, treatment, and
intervention of mental health
problems of women and
girls. In addition, healthy
lifestyle actJvities are
encouraged and promoted
through programs and
projects as strategies in the
prevention of diseases.
2,) R.A.8504
Philippine AIDS
Prevention and Control
Act of 1998
Section 2. Dec/aration of
policies. - Acquired Immune
Deficiency Syndrome (AIDS) is a
disease that recognizes no terri-
torial, social, political and econo-
mic boundaries for which there is
no known cure. The gravity of
the AIDS threat demands strong
State action today, thus:
(a) The State shall promote
public awareness about the
causes, modes of transmis-
sion, consequences, means
of prevention and control of
HIV / AIDS through a compre-
hensive nationwide educa-
tional and information cam-
paign organized and conducted
by the State. Such campaigns
shall promote value form-
ation and employ scientific-
ally proven approaches.
focus on the family as a basic
social unit, and be carried
out in all schools and train-
ing centers, workplaces, and
communities. This program
shall involve affected indivi-
duals and groups, including
people living with HIVIAIDS.
(b) The State shall extend to
every person suspected or
known to be infected with
HIV / AIDS full protection of
MONDAY, AUGUST 22,2011
his/her human rights and civil
liberties, Towards this end:
(I) compulsory HIV
testing shall be considered
unlawful unless otherwise
provided in this Act;
(2) the right to privacy
of individuals with HIV shall
be guaranteed;
(3) discrimination, in all
its forms and subtleties,
against individuals with HIV
or persons perceived or
suspected of having HIV
shall be considered inimical
to individual and national
interest; and
(4) provision of basic
health and social services
for individuals with HIV
shall be assured,
(c) The State shall promote
utmost safety and universal
precautions in practices and
procedures that carry the
risk of HIV transmission,
(d) The State shall positively
address and seek to eradi-
cate conditions that aggra-
vate the spread of HI V infec-
tion, including but not limited
to, poverty, gender
inequality, prostitution,
marginalization, drug abuse
and ignorance.
(e) The State shall recognize
the potential role of affected
individuals in propagating
vital information and educa-
tional messages about HIV/
AIDS and shall utilize their
experience to warn the public
about the disease,
3,) Republic Act No, 9262
Anti Violence against
Women and Children
SECTION 2, Declaration
of Policy, - It is hereby declared
that the State values the dignity
of women and children and
guarantees full respect for
human rights, The State also
recognizes the need to protect
185
186
Senator Sotto expressed the belief that the
aforesaid laws were even more elaborate than the
two-paragraph aims and salient features of the RH
bill, thus the latter is but a redundancy of present laws.
In reply, Senator Cayetano (P) said that in legal
theory and practice, there is a maxim that says "lex
specialis derogat legi generalis," which means
that "a law governing a specific subject matter (lex
specia/is) overrides a law which only governs general
matters (lex generalis)." To illustrate, she said that
the Magna Carta of Women and the Philhealth law,
for instance, are general laws, while the RH bill is a
specific law. She said that she would welcome
Senator Sotto' s proposals to remove the provision on
"saving the mother's life and of the unborn" ifhe so
pleases, although she explained that there was no
cause for alarm because there have been hundreds
of bills that were sponsored in the Chamber that are
exact duplications of other existing laws. Thus, she
said that it is not a sufficient reason to conclude that
the law is unnecessary just because there are other
laws that touch on a similar matter. Moreover, she
stated that the problem with administrative orders is
that they are not par with laws and can change from
administration to administration as experienced during
the incumbency of President Arroyo who was not a
proponent of the RH bill, thus, her Secretaries of
Health did not push as strongly for the bill, with the
exception of Secretary Cabral. She said that what
she does not want is for the RH policy to change
when a Secretary of Health who feels strongly about
MONDAY, AUGUST 22,2011
the family and its members
particularly women and children,
from violence and threats to their
personal safety and security.
Towards this end, the State
shall exert efforts to address
violence committed against
women and children in keeping
with the fundamental freedoms
guaranteed under the Constitu-
tion and the Provisions of the
Universal Declaration of Human
Rights, the convention on the
Elimination of all forms of
discrimination Against Women,
Convention on the Rights of the
Child and other international
human rights instruments of
which the Philippines is a party.
the measure is also replaced. She said that if the
measure is passed into law, an administrative order
cannot replace the provision of that law.
Senator Cayetano (P) said that another reason
that really underscored the need for the bill is a
situation that has manifested itself in Barangay Ayala
Alabang where she lives. She said that without a
governing policy or law on reproductive health, many
local government units chose not to make available
reproductive health to their constituents, as in the
case of Barangay Ayala Alabang when its barangay
council enacted an ordinance that was so restrictive
that it prevented even married couples from having
access to the kind of contraceptives that they choose
without divulging very personal information. She
reiterated the need for the bill considering the different
policies being implemented or the nonexistence of
reproductive policies in many local government units.
She expressed willingness to accept Senator Sotto's
proposal to accept amendments on items which he
believes are redundant or unnecessary.
Asked by Senator Sotto if the RH Act would
repeal all the laws earlier cited, Senator Cayetano
(P) stressed that the repealing clause applies only to
laws that are inconsistent thereto.
But Senator Sotto pointed out that the repealing
clause provides that: "Any law, presidential decree,
or issuance of executive order, letter of instruction,
administrative order, rule or regulation contrary to or
'1'"
MONDAY, AUGUST 22,2011
is inconsistent with the provision of this Act is hereby
repealed, modified, or amended accordingly," He
asked if this would effectively make the RH Act the
primary law. In response, Senator Cayetano (P)
clarified that it does not affect any specific or
supplemental law, adding that she would be amenable
to any amendments to improve the wording of the
repealing clause and thereby avoid any
misunderstanding in the future.
To abbreviate the proceedings, Senator Sotto
suggested that the Body consider including
implementing rules in the Magna Carta for Women
and on the Youth and Child Welfare Code that
address the provisions in the RH bill and thereby
obviate the need to enact the same into law. He
believed that since implementing rules are not law,
they would not unduly offend the other sectors of
society. In response, Senator Cayetano (P) stated
that she would look into written proposals on the
implementing rules, the proposed budget, and the
assurances that women would have access to health
care but such should not prevent the debate on the
bill. She asserted that there are many provisions in
the bi II that were not addressed in other laws.
On the concern that the RH Act might prevail
over other laws, Senator Cayetano (P) said that it
was not intended to disregard specific provisions in
existing laws that identify programs for women and
children.
At this point, to emphasize that certain provisions
of the bill are redundant, Senator Sotto read Section
4 (p), to wit:
"(p) Reproductive Health Care - refers to
a full range of methods, techniques, facilities,
and services that contribute to reproductive
health and well-being by preventing and solving
reproductive health-related problems. The
elements of reproductive health care include:
I. Maternal health and nutrition, including
breastfeeding;
2. Family planning information and services;
3. Prevention of abortion and management of
abortion complications;
4. Adolescent and youth reproductive health
and counseling;
5. Prevention, treatment and management of
reproductive tract infections (RTls) x x x
sexually transmittable infections (ST!) x x x;
6. Elimination of violence against women x x x;
7. Education and counseling on sexual health;
8. Male responsibility and involvement and
men's reproductive health; and,
10. Prevention and treatment of infertility and
sexual dysfunction.
187
For comparison, Senator Sotto read Section 17
of Republic Act No. 9710 or the Magna Carta for
Women which provides that:
"SEC. 17. Women's Right to Health. x x x
Access to the following services shall be
ensured:
(I) Maternal care to include pre- and post-natal
services to address pregnancy and infant
health and nutrition;
(2) Promotion of breastfeeding;
(3) Responsible, ethical, legal, safe, and effective
methods of family planning;
(4) Family and State collaboration in youth
sexuality education and health services
without prejudice to the primary right and
duty of parents to educate their children;
(5) Prevention and management of reproductive
tract infections, including sexually transmitted
diseases, HIV and AIDS;
(6) Prevention and management of reproductive
tract cancers like breast and cervical cancers,
and other gynecological conditions and
disorders;
(7) Prevention of abortion and management of
pregnancy-related complications;
(8) In cases of violence against women and
children, women and children victims and
survivors shall be provided with comprehen-
sive health services that include psycho-
social, therapeutic, medical and legal inter-
ventions and assistance towards healing,
recovery, and empowennent;
(9) Prevention and management of infertility and
sexual dysfunction pursuant to ethical norms
and medicals standards;
(10) Care of the elderly women beyond their child-
bearing years; and
(II) Management, treatment, and intervention in
mental health problems of woman and girls.
In addition, healthy lifestyle activities are
encouraged and promoted through programs
and projects as strategies in the prevention
of diseases.
188
Senator Sotto said that the provisions of RA 9710
appear to have been copied and pasted to the RH
bill. He also pointed out that some provisions of the
bill were already tackled in the Declaration of Policy
of RA 8504, otherwise known as the "Philippine
AIDS Prevention and Control Act of 1998," which is
already in effect.
At this juncture, Senator Satta reserved his right
to continue his interpellation at a later time.
SUSPENSION OF CONSIDERATION
OF SENATE BILL NO. 2865
Upon motion of Senator Sotto, there being no
objection, the Body suspended consideration of
the bill.
MANIFEST A TION
OF SENATOR CAYETANO (P)
Senato Cayetano (P) reiterated that the
Committee would welcome any proposal to help
clarify the bill, make it more comprehensive, or
address any duplicated or conflicting provisions. At
this point, she lauded Senator Sotto for taking the
time to compare the various laws that are similar to
or share the same objectives of the bill.
MANIFESTATION OF SENATOR RECTO
Senator Recto believed that after comparing the
RH versions of the House of Representatives, the
Executive and the Senate, the latter's version is
better in many aspects for which he congratulated
Senator Cayetano (P). He pointed out that the
Senate version contains a provision on the ideal
family size, unlike the House and the Executive
versions that suggest only two kids per family. He
opined that two is not enough, even as a replacement
rate, because when one child dies, the population rate
goes down and it becomes unsustainable for a race.
He asserted that there should be at least three
children per family which, in fact, is the present
average family size.
OVERSIGHT COMMITTEE MEMBERSHIPS
Upon nomination by Senator Sotto, there being
no objection, the following senators were elected to
the committees hereunder indicated:
MONDAY, AUGUST 22,2011
1. Select Oversight Committee
on Local Government Code of 1991
Members:
Honasan
Trillanes
Villar
Cayetano (A)
2. Select Oversight Committee
on Government Procurement
Members:
Honasan
Marcos
Lapid
Cayetano (P)
3. Congressional Oversight Committee
on Dangerous Drugs
Member:
Trillanes
CHANGE OF REFERRALS
At the instance of Senator Revilla, upon motion
of Senator Sotto, there being no objection, the Chair
transferred the primary referrals of House Bills No.
3551,3208,3080,1994,1313,1312,1308 and 201
from the Committee.on Public Works to the Committee
on Public Services.
ADJOURNMENT OF SESSION
Upon motion of Senator Sotto, there being no
objection, the Chair declared the session adjourned
until three o'clock in the afternoon of the following
day.

It was 6:29 p.m.
I hereby certify to the correctness of the
foregoing.

seer,etory of ,
if,;- I r
Approved on August 23, 2011