REPUBLIC OF THE PHILIPPINES

Senat:e
Pasay City

Journal
SESSION NO. 15
Tuesday, September 6, 2011

FIFTEENTH CONGRESS
SECOND REGULAR SESSION

SESSION NO. 15

Tuesday, September 6,20 II

CALL TO ORDER
At 3 :28 p.m., the Senate President Hon. Juan Ponce Enrile, called the session to order.

At this juncture, Senate Pres/den Enrile relinquished the Chair to Senate President Pro Tempore Ejercito Estrada.
APPROVAL OF THE JOURNAL

PRAYER
The Body observed a minute of silent prayer. Upon motion of Senator Sotto, there being no objection, the Body dispensed with the reading of the Journal of Session No. 14 (September 5, 20 I J) and considered it approved.

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: Arroyo, J. P. Cayetano, P. S. Drilon, F. M. Ejercito Estrada, J. Enrile, J. P. Honasan, G. B. Lacson, P. M. Lapid, M. L. M.
Legarda, L.
Marcos Jr., F. R.
Pimentel III, A. L.
Recto, R. G.
Revilla Jr., R. B.
Sotto III, V. C.
Villar, M.

REFERENCE OF BUSINESS
The Deputy Secretary for Legislation, Atty. Edwin B. Bellen, read the following matters and the Chair made the corresponding referrals:

BILLS ON FIRST READING

Senate Bill No. 2952, entitled AN ACT EXTENDING THE TERM OF THE CORPORATE LIFE OF THE LAND BANK OF THE PHILIP PINES, FURTHER AMENDING REPUBLIC ACT 3844, OTHERWISE KNOWN AS THE AGRICULTURAL LAND REFORM CODE, AS AMENDED Introduced by Senator Trillanes IV

With 15 senators present, the Chair declared the presence of a quorum. Senators Defensor Santiago, Escudero, Osmefia, Pangilinan and Trillanes arrived after the roll call. Senators Angara and Guingona were on official mission abroad. Senator Cayetano (A) was likewise on official mission.

To the Committee on Banks, Financial Institutions and Currencies

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Senate Bill No. 2953, entitled AN ACT ESTABLISHING A MECHANISM FOR THE SUSTAINABLE DEVELOP MENT AND USE OF THE ISLAND OF BORACAY, MUNICIPALITY OF MALAY, PROVINCE OF AKLAN, DEFINING FOR THE PURPOSE THE MODE OF ACQUISITION FOR CERTAIN PARCELS OF ITS PUBLIC DOMAIN CLASSIFIED AS AGRI CULTURAL LAND OPEN TO DISPOSITION UNDER PROCLAMA TION NO. 1064 AND PROVIDING ENVIRONMENTAL SAFEGUARDS THEREFOR, AND FOR OTHER PURPOSES Introduced by Senator Trillanes IV

FILIPINO STUDENT ATHLETES WHO JOINED AND COMPETED IN THE RECENTLY CONCLUDED 26TH SUMMER UNIVERSIADE HELD IN SHENZHEN, CHINA ON AUGUST 12-23,2011 Introduced by Senator TrilJanes IV

To the Committee on Rules

Proposed Senate Resolution No. 580, entitled RESOLUTION COMMENDING THE ALTERNATIVE INDIGENOUS DEVELOPMENT FOUNDATION, INC. (AIDFI) FOR BEING A WARDED THE 20 II RAMON MAGSAYSA Y AWARD FOR THEIR TECHNO LOGICAL INNOVATIONS AND PARTNERSHIP PRACTICES IN IMPROVING THE LIVES OF THE RURAL POOR IN UPLAND PHILIP PINE COMMUNITIES Introduced by Senator Defensor Santiago

To the Committees on Environment and Natural Resources; and Local Government

Senate Bill No. 2954, entitled AN ACT REGULATING HOMES FOR THE ELDERLY Introduced by Senator Defensor Santiago

To the Committee on Rules

Proposed Senate Resolution No. 581, entitled

To the Committees on Social Justice, Welfare and Rural Development; and Finance
Senate Bill No. 2955, entitled AN ACT IMPOSING STIFFER PENALTIES ON THE OFFENSE OF STEALING OR TAMPERING GOVERNMENT RISK REDUCTION AND PREPARED NESS EQUIPMENT, ACCESSORIES AND OTHER FACILITY ITEMS, AND FOR OTHER PURPOSES Introduced by Senator Enrile

RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON ALLEGED CORRUPT PRACTICES IN THE MUNTINLIPA PENITENTIARY Introduced by Senator Defensor Santiago

To the Committee on Justice and Human Rights

Proposed Senate Resolution No. 582, entitled RESOLUTION DIRECTING THE SENATE COMMITTEE ON HEALTH TO CON DUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE REPORTS THAT THERE COULD BE A FIVE FOLD INCREASE FROM THE CURRENT COUNT OF LESS THAN 10,000 CASES OF HUMAN IMMUNO

To the Committees on Justice and Human Rights; and Environment and Natural Resources RESOLUTIONS
Proposed Senate Resolution No. 579, entitled RESOLUTION COMMENDING THE

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241

DEFICIENCY VIRUS (HIV) AND ACQUIRED IMMUNE DEFICIENCY SYNDROME (AIDS) INFECTIONS IN THE COUNTRY BY 2015 Introduced by Senator Defensor Santiago

ON THE ENVIRONMENTAL STATUS OF THE BAULI RIVER IN BENGUET AND TO FORMULATE POLICIES AND WAYS TO RESTORE, PRESERVE, AND SAVE THE SAME Introduced by Senator Villar

To the Committee on Health and Demo graphy

Proposed Senate Resolution No. 583, entitled

To the Committee on Environment and Natural Resources

Proposed Senate Resolution No. 586, entitled

RESOLUTION DIRECTING THE PROPER SENATE COMMIITEE TO CONDUCT AN INQUIRY, IN AID OF LEGIS LATION, ON THE REPORTED ALARMING RISE OF LEPTOSPIROSIS CASES IN WESTERN VISA Y AS Introduced by Senator Defensor Santiago

To the Committee on Health and Demo graphy

Proposed Senate Resolution No. 584, entitled RESOLUTION URGING THE SENATE COMMITTEE ON HEALTH AND DEMOGRAPHY TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE INCREASING PERCENTAGE OF BLOOD DONATIONS FOUND TO BE CONTAMINATED WITH THE HUMAN IMMUNODEFICIENCY VIRUS (HIV), WITH THE END IN VIEW OF ENFORCING STRINGENT SCREENING PROCEDURES AMONG BLOOD COLLECTING AGENCIES AND ESPOUSING HONESTY AMONG DONORS TO ADVOCATE RECIPIENT SAFETY Introduced by Senator Villar

RESOLUTION DIRECTING THE SENA TE COMMITTEE ON ENERGY TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE IMPENDING SERIES OF INCREASES IN POWER COSTS DUE TO THE V ARIOUS ELECTRICITY RATE ADJUSTMENTS FILED BY THE POWER SECTOR ASSETS AND LIABILITIES MANAGEMENT CORPORATION (PSALM), NATIONAL POWER CORPORATION (NPC), MERALCO AND NATIONAL GRID CORPORATION OF THE PHILIP PINES (NGCP) WITH THE ENERGY REGULATORY COMMISSION (ERC), WITH THE END IN VIEW OF ENSURING A RELIABLE AND SECURE SUPPLY OF ELECTRIC POWER AT REASONABLE AND AFFORDABLE RATES Introduced by Senator Recto

To the Committees on Energy; and Public Services COMMUNICATIONS

Letter from the National Security Council, dated 17 August 2011, providing the Senate with a copy of the National Security Policy (NSP) 2011 2016 signed by the President last 7 July 2011.

To the Committee on Health and Demo graphy

Proposed Senate Resolution No. 585, entitled RESOLUTION URGING THE COMMITI'EE ON ENVIRONMENT AND NATURAL RESOURCES TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION,

To the Committee on National Defense and Security

Letter from the Bangko Sentral ng Pilipinas, dated 23 August 2011, furnishing the Senate with a copy of BSP Circular Nos. 734 and 735,

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series of 20 II, both dated 16 August 2011, in compliance with Section 15(a) of Republic Act No. 7653 (The New Central Bank Act).

APPROVAL OF SENATE BILL NO. 2811 ON SECOND READING

Submitted to a vote, there being no objection, the Chair declared Senate Bill No. 2811 approved on Second Reading.

To the Committee on Banks, Financial Institutions and Currencies COMMITTEE REPORT NO. 34
ON SENATE BILL NO. 2811
(Continuation)
Upon motion of Senator Sotto, there being no objection, the Body resumed consideration, on Second Reading, of Senate Bill No. 2811 (Committee Report No. 34), entitled AN ACT ESTABLISHING THE PEOPLE'S SURVIVAL FUND TO PROVIDE LONG-TERM FINANCE STREAMS TO ENABLE THE GOVERNMENT TO EFFECTIVELY ADDRESS THE PROBLEM OF CLIMATE CHANGE, AMENDING FOR THE PURPOSE REPUBLIC ACT NO. 9729, OTHER WISE KNOWN AS "THE CLIMATE CHANGE ACT OF 2009", AND FOR OTHER PURPOSES. Senator Sotto stated that the parliamentary status was the period of ind ividual amendments. Thereupon, the Chair recognized Senator Legarda, sponsor of the measure, and Senator Drilon for his amendment.

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2811

Upon motion of Senator Sotto, there being no objection, the Body suspended consideration of the bill.

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 still the period of interpellations. Thereupon, the Chair recognized Senators Cayetano (P) and Defensor Santiago, cosponsors of the measure, and Senate President Enrile for the continuation of his interpellation.

DRILON AMENDMENT
As proposed by Senator Drilon and accepted by the sponsor, there being no objection, the Body approved the deletion of the provision starting with the word "THE" on line 8 of page 29 up to the word "FUND" on line 6 of page 30 and, in lieu thereof, the insertion ofthe following:
THE AMOUNT OF ONE BILLION PESOS (P I,000,000,000.00) SHALL BE APPROPRIATED ANNUALLY FOR THE FUND UNDER THE ANNUAL GENERAL APPROPRIATIONS ACT.

INTERPELLATION OF SENATE PRESIDENT ENRILE (Continuation)

Prefatorily, Senate President Enrile stated that his impression of Senate Bill No. 2865 is that it advocates and abets the extermination of potential human beings by the use of condoms, contraceptives, injectibles, intrauterine devices and other safe, legal and affordable methods and supplies considered to be essential medicines for such purpose. He noted that the bill carries the same idea as those crimes covered by the Rome Statute which the Senate recently ratified in record time. He then posed the question: If they condemn the idea of euthanasia that renders mercy killing in the guise of lending support to a needy human being; eugenics that

TERMINATION OF THE PERIOD

OF INDIVIDUAL AMENDMENTS

There being no other individual amendment, upon motion of Sotto, there being no objection, the Body . closed the period of individual amendments.

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243

advocates selective breeding in the guise of improving hereditary qualities; the policy of Adolf Hitler, pursued during World War fI, to exterminate Jews from Europe in the guise of promoting and preserving the superior AJ)'an race; the genocide committed by Pol Pot in Cambodia in the guise of reforming the social ills of his country; and the mass killings ordered by Saddam Hussein in Iraq in the guise of maintaining law and order in his country, what moral reason could the Senate advance to justify the idea embedded in Senate Bill No. 2865 to accomplish a sustained and deliberate reduction in the size of Filipino families through birth control, particularly among the poor and marginalized, in the guise of adopting a reproductive health policy for the country, In reaction, Senator Cayetano (P) clarified that there was nothing in the bill that advocates and abets the extermination of future human beings. Rather, she asserted that the bill advocates the dissemination of information to families so that they could plan and decide what is morally, personally, financially and socially acceptable to them. She assured the Body that if there are any hidden agendas that advocate abortion in any way, she and Senator Defensor Santiago would join the Senate President to ensure it does not happen. Senate President Enrile thanked Senator Cayetano (P) for her assurance, saying that at the proper time, he would present to the Body his reasons why. he considers the bill to be objectively intended to exterminate or, at the very least, deliberately limit procreation. As to the purpose of man and woman on earth, Senator Cayetano (P) stated that it is to procreate. On the diseases that affect the reproductive health of both men and women, Senator Cayetano (P) named, among the many sexually transmitted diseases (STDs), HIV-AIDS, chlamydia, gonorrhea, syphilis and such other lesser known diseases like the Hepatitis-B virus, although not considered a reproductive health disease, can be transmitted through sexual contact. She said that the Committee would provide the Body a list of these diseases. As regards diseases that can be cured by contraceptives, Senator Cayetano (P) said that she would consult with the resource persons on whether contraceptives are curative drugs.

Upon further queries, Senator Cayetano (P) replied that the intrauterine device is a contraceptive which was never claimed to cure any disease; that injectables cannot cure any disease but are contra ceptives that prevent pregnancies; that condoms do not cure anything but prevents the transmission of sexually transmitted diseases (STDs) and also prevent pregnancies. On whether castration is contemplated by the bill, Senator Cayetano (P) clarified that vasectomy is allowed under the bill. On whether ligation is contemplated by the bill, Senator Cayetano (P) said that it is part of the reproductive health care services under the bill that a woman can avail of. Asked what countries follow the policy of using condoms, intrauterine devices, vasectomy and injectables to prevent pregnancy, Senator Cayetano (P) said that on the macro level, many countries, as well as international bodies, provide health policies and many, if not all countries, make use of the preventive approach in health care. She said that instead of curative care, prevention is always deemed the best approach and was, in fact, recommended by health care and reproductive health care experts, Asked who recommended the policies and to whom they were recommended, Senator Cayetano (P) said that many countries practice the preventive approach by the use of various kinds of contraceptives, both natural and artificial. She added that the national medical associations of these countries have approved the policies and international organizations provide advice and policy assistance. On the curative effect of contraceptives, Senator Cayetano (P) clarified that there are contraceptives that can actually cure endometrial hyperplasia, polycystic ovary, dysfunctional uterine bleeding and imbalances in estrogen and progesterone. Asked if hormonal imbalances are diseases, Senator Cayetano (P) replied that medical experts consider them as such. She explained that contracep tives can help decrease or eliminate polycystic ovaries in women and cure dysfunctional uterine bleeding that could lead to many complications. As to how many women, out of 100, suffer from hormonal imbalance, Senator Cayetano (P) said that

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it could be as high as 30%, considering that there are different kinds of hormonal imbalances. Senate President Enrile requested the Committee to provide him with the pertinent data on the matter. Adverting to the statistics presented by Senator Defensor Santiago in the third part of her sponsorship speech, Senate President Enrile emphasized that because of the del icate nature of the measure and its eventual impact on the future and well-being of the country and the people, he wanted to be assured that the statistics presented to support the bill are beyond doubt. He said that statistics are gathered, compiled, analyzed and synthesized by fallible men and women such that the possibility of human error or personal biased motive cannot be fully discounted, ignored or set aside. Referring to Senator Defensor Santiago's statement in her sponsorship speech that "Due to child birth and pregnancy-related complications, II mothers die every day," Senate President Enrile computed that if that number is multiplied by 365 days, it would mean that 4,015 mothers die every year from child birth and pregnancy-related complica tions. He asked how many of these 11 mothers died from pregnancy-related complications and how many died from childbirth-related complications. Respond ing thereto, Senator Cayetano (P) clarified that the figure was just an average, so that if asked how many women die every single day from childbirth, she would say that 11 women die from pregnancy-related complications, whether the death happens because of lack of pre-natal care or it happens in the three days or five days where the woman is in contraction or it happens in the 24-hour span when she is about to deliver birth or it happens after she delivers the baby safely and she starts bleeding for the next 24 hours or 72 hours before she is brought to a health care facility with a doctor who can attend to her. She underscored that during this whole period, the woman is vulnerable to pregnancy related death. Asked how many of the 11 women die post partum, Senator Cayetano (P) replied that 60% of the deaths are caused by post-partum hemorrhage. As regards statistics on the number of women who experience eclampsia during childbirth, Senator Cayetano (P) explained that eclampsia, which is a

renal problem, can occur before or after delivery and that high blood pressure is merely a symptom. She said that a woman who suffers from hypertension during pregnancy is in a very delicate situation and she has to be closely monitored by a doctor; if the hypertension cannot be regulated, the doctors have to force the delivery. As to pregnancy-related complications that are normally encountered by pregnant women, Senator Cayetano (P) cited the top five causes of pregnancy related deaths: bleeding, hypertension, complications of unsafe abortions, infections and obstructed labor. Regarding ectopic pregnancy, Senator Cayetano (P) explained that an ectopic pregnancy occurs when the fertilized ovum stays in the fallopian tube but it is not viable because it is not in the environment where it can grow. She said that the remedy to an ectopic pregnancy is surgery to save the woman's life, other wise, the egg will burst in the fallopian tube which could be deadly to the woman. She stated that in an ectopic pregnancy, no intervention can be done to make the pregnancy viable. She added that the major causes of ectopic pregnancies are infections in the fallopian tubes, including the STDs mentioned earlier. As regards the 3,000 to 5,000 maternal deaths per year estimate, Senate President Enrile asked on the span of years that said figure was registered, pointing out that no one can say with certitude that 3,000 women or 5,000 women died in a partiCUlar year. Senator Cayetano (P) clarified that it is a range and allows for fluctuations since year-on-year, the number of deaths varies. Senate President Enrile then assumed that the 11 maternal deaths per day estimate came from the yearly maternal deaths estimate. Senator Cayetano (P) explained that the estimate was used to point out that, indeed, maternal deaths occur. She said that the bill contains a provision on maternal mortality review precisely to have more details so that such deaths can be prevented. Further, she stated that even if the figures were off by 50%, she wou Id still fight for the rights of women who might be endangered. Senate President Enrile recalled that in her sponsorship speech, Senator Defensor Santiago presented the following figures: 162 mothers out of 100,000 live births die and 11 % of all deaths among women of reproductive age in the Philippines are maternal deaths. He asked what the basis of the

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figures was, particularly the total number of women of reproductive age. Responding to the query, Senator Defensor Santiago, at the onset, gave the universally accepted definition of "maternal mortality" as "the death of a woman while pregnant or within 42 days of termination of pregnancy irrespective of the duration and site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management but not from accidental or incidental causes." Senator Defensor Santiago stated that there are various approaches for measuring maternal mortality, but it is difficu It to accurately measure the level of maternal mortality of any population in any country due to the following reasons:

place, maternal deaths may be under-reported and identification of the accurate number of maternal deaths may require additional special investigations into the causes of death. She cited the Confidential Enquiry into Maternal Deaths (CEMT) established in the United Kingdom in 1928 that, in its most recent report for the year 2000 to 2002, identified 44% more maternal deaths than was reported in the routine civil registration system. She added that other studies on the accuracy of the number of maternal deaths reported in the civil registration system have shown that the true number of maternal deaths could be up to almost 200% higher than routine reports. Senator Defensor Santiago stated that in the absence of complete and accurate civil registration systems, maternal mortality rate estimates are based on a variety of methods, including household surveys, sisterhood methods, reproductive health mortality studies, verbal autopsies and censuses. However, she said that such methods have limitations in estimating the true levels of maternal mortality. On the accuracy of the figure "I I" maternal deaths per day, Senator Defensor Santiago cited a paper by Dr. Corazon Raymundo, a retired professor of demography of the UP Population Institute and the current Executive Director of the Institute of Maternal and Child Health, which defined maternal mortality ratio as the number of maternal deaths per 100,000 live births during a specified time period which is usually one year. She also gave the reasons for the use of the Maternal Mortality Ratio (MMR), as follows: 1. Complications during pregnancy and child birth are leading causes of death and disability among women of reproductive age in developing countries. According to the National Statistics and Census Bureau Technical Working Group, it is estimated that 7% to 12% of deaths among women in the Philippines are due to maternal causes; 2. MM R represents the risk associated with pregnancy - the obstetric risk; 3. MMR is used as a main indicator of maternal health in Millennium Development Goal NO.5. Senator Defensor Santiago stated that for measurement purposes, the following events are considered as maternal deaths:

1. It is challenging to precisely identify maternal deaths, particularly in settings where routine recording of deaths is not complete within the civi I registration system and the death of a woman within reproductive age might not be recorded.
Senator Defensor Santiago explained that the Philippine civil registration system is deficient, as can be proven by personal experience. She recalled that when she was an RTC judge, a lawyer presented the death certificate of his client, the accused, and since she did not believe in the veracity of the document, she ordered the pol ice to search for the accused and they found and arrested him. Further, she recalled that when she was the Immigration Commissioner, she discovered that no Chinese in the Philippines ever dies since another person takes over his identity. Given these incidents, she said that the figures in the Civil Registry Office would have already been skewed, therefore, the Philippine civil registration system is really inaccurate. 2. Even if such deaths were recorded, the woman's pregnancy status might not be reflected, hence, even if the woman was pregnant, her death would not be recorded as maternal death; 3. In most developing countries' settings where medical certification of the cause of death does not exist, the accurate attribution of female deaths as maternal death is difficult. Senator Defensor Santiago stated that even in developed countries where registration of deaths is in

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abreast of the latest development in other campuses by in itiating the study with the help of an establ ished population or survey entity. She said that the actual study commenced in 2008 and was finished a year later and the result was released in 2009.

correction of the figures, Senator Defensor Santiago replaced the figure "162" to "163"; thus, assuming that there are 163 deaths per 100,000 live births per year, the formula to compute for the number of maternal deaths per year would be: total number of live births (2,495,243)/1 00,000 x 163 = 4,067 deaths per year, or II deaths per month of women between 15 to 49 years old. To Senate President Enrile's remark that there are other reasons why female deaths occur, Senator Defensor Santiago said that, precisely, the assumption for female death from maternal causes is only between a high of 12% and a low of 7%. Asked how the female population of 24,584,400 for 20 I 0 would be affected by the RH bill, Senator Defensor Santiago said that they can be affected if they have access to information and can exercise freedom of choice. At th is point, Senate President Enri Ie expressed the view that the bill is about something else guised in the form of a reproductive health bill. Senator Defensor Santiago said that if Senate President Enrile could point out in what way the advocates of the bill were able to mislead the sponsors and the people who have helped draft the bill in its present form, then she would be most willing to amend its language accordingly. Senate President Enrile clarified that he was merely trying to dissect and analyze the bill so that its length and breadth could be appreciated intelligently. Asked whether the 15 million women who are at risk of being pregnant are already included in the 24.5 million female population in 2010, Senator Defensor Santiago replied in the affirmative. Replying to further queries, Senator Defensor Santiago said that Guttmacher Institute, the international research institute that conducted the study in 2008 on the behest of the UP Population Institute, is based in New York and Washington. Upon query, Senator Defensor Santiago con finned that the UP Population Institute requested the assistance of other institutes because it did not have the capability to make the study on its own. She explained further that at that time, feminism was on the rise and more attention was being paid to maternal mortality. For this reason, she said, the leadership of the UP PopUlation Institute thought it should keep

At this Juncture, Senator Sot/o relinquished the Chair to Senate President Pro Tempore Estrada.
As to whether the study was commissioned by the Philippine government, Senator Defensor Santiago said that it was commissioned by the University of the Philippines. Asked how much the study has cost the Filipino taxpayer, Senator Defensor Santiago said that she would have to refer to the records and request the UP Population Institute to provide the data. Adverting to the report of the Guttmacher Institute, Senate President Emile asked how it was able to gather that there were 3,371,000 pregnancies in the country in 2008, that 1,820,000 were found to the unintended pregnancies, and 1,551,000 were intended. In reply, Senator Defensor Santiago confirmed that there were about 3.4 million recorded pregnancies based on the report of the Guttmacher Institute, including those who were not yet born based on an extrapolation of the 2003 national demographics. She clarified that the study did not involve an actual nose count but it was more than a guesswork since it was an output of technical people that used certain formulas to come up with the extrapolations. Senate President Enrile said that it was his impression that in determining the figures that it recorded, Guttmacher did an actual interview of all the pregnant women in the Philippines for the year 2008. As to the possibility of errors in the figures, Senator Defensor Santiago said that in mathematical processes, there will always be a margin of error. Senate President Emile pointed out that if Guttmacher Institute did interview the 3,371,000 pregnant women in the country, it would have entailed a herculean effort as it means interviewing 9,300 souls in one day which is almost impossible. Senator Defensor Santiago agreed, as she explained that the UP Population Institute had to commission Guttmacher to help it make the mathematical extrapolations

246 I. Death of a woman while pregnant or within 42 days of termination of pregnancy irrespec tive of the duration and site of the pregnancy from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes; or 2. In cases where it is difficult to determine the specific cause of death, pregnancy-related death is considered as maternal death. Pregnancy related death is defined as the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the cause of death. Senator Defensor Santiago then discussed the Philippine efforts to measure MMR and related mortality levels. She stated that earnest efforts to determine the levels of maternal mortality and morbidity started in the '90s with the advent of the conduct of the series of national demographic and health surveys, and later on, the family planning surveys. She pointed out that the vital registration system in the country is incomplete and therefore inadvisable to use in determining actual levels of births and deaths. With the use of data previously gathered, she then presented the first estimates of MMRs in the country, to wit: I. 1987 to 1993 estimate: 209 per 100,000 live births, according to the NDHS 1993. 2. 1998 estimate: 172 per 100,000 live births according to the NDHS 1998. Since data collection for a rare event like maternal deaths cannot be done regularly, Senator Defensor Santiago said that the best estimates are generated by a dedicated technical working group on mortality statistics organized by the National Statistical Coordination Board, using an appropriate procedure and the best data available. Senator Defensor Santiago recalled that on September 7, 20 10, the National Statistical Coordination Board approved a new maternal mortality ratio estimation methodology, and the resulting MMR estimate for 1990 and 2000 to 2010 as, "interim estimates for planning and policy or decision-making purposes until such time that the results of population censuses and surveys and updated data from the civil registration system are made available." According to the MMR estimate

TUESDAY, SEPTEMBER 6, 2011

for 20 I 0, she noted, there were 95 (low assumption) to 163 (high assumption) maternal deaths for every 100,000 live births. She explained that the low assumption pertains to 7% of all reproductive age female deaths due to maternal causes, while the high assumption pertains to 12% of all reproductive aged female deaths due to maternal causes.

At this juncture, Senate President Pro Tempore Estrada relinquished the Chair to Senator Solto.
Senator Defensor Santiago proceeded to explain how the "II mother per day" death estimate came about. She said that using the general fertility levels and the female mortality from life tables produced for the Philippines, proportions on maternal deaths to the total number of female deaths from the civil registration systems were tabulated. To illustrate, she used the 12% (high assumption) of total female deaths due to maternal causes as the basis for the tabulated data. She explained that the chart was divided according to age groups. At this point, Senate President Enrile rephrased his question, but clarified that he was doing so only for the purpose of testing the credence and factuality of the figures. He then asked on the total number of deaths among women of reproductive age (from 15 to 49) in the Philippines, on the assumption that 11 % of these die due to maternal causes. Senator Defensor Santiago replied that for the year 2010, the projected female population for the particular age group was 24,584,400. Senate President Enrile, however, asked why the figure was increased from 23 million, as mentioned in the sponsorship speech, to 24 million. Senator Defensor Santiago reiterated that the figures were merely estimates because it was not possible to be precise in demographics. She said that the information was obtained from Dr. Corazon Raymundo, Executive Director of the Institute of Maternal and Child Health, whose expertise she sought to ensure precision. However, she reiterated that the average maternal death per day is 11.1 which is just within the range of II to 12 that she gave during her sponsorship speech, and that there are II maternal deaths per day using the low assumption of 7%, even if the projected female population were 24.5 million. Asked on the total number of live births for 20 I 0, Senator Defensor Santiago replied that the figure is 2,495,243. Acknowledging Senate President Enrile's

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because the agency is known for its reasonable accuracy in the field. Senate President Enrile pointed out that the figures given in Senator Defensor Santiago's speech as to the number of unintended pregnancies (J ,820,000), the induced abortion (570,000), hospital izations for complications of abortion (90,000), mistimed births or unwanted babies (1,000,000), or maternal deaths (3,700) appear to be mere estimates or extrapolations of figures and are not actually mathematically exact. Senator Defensor Santiago said that the Committee would fully cooperate in presenting a true and faithful picture of the sources of the figures given. She pointed out that in surveys and production of statistics, no survey firm in the world has ever made a claim to exactitude because mistakes do happen in the computations. Senator Defensor Santiago explained that Guttmacher arrived at the conclusion that many of the deaths were due to unintended pregnancies after an extrapolation of unintended pregnancies was made based on the interviews of women as to the number of pregnancies they had viz a vis the number of intended pregnancies. Asked how Guttmacher Institute was able to gather data on the number of unwanted births that were aborted considering that abortion is a criminal act in the country and was being done secretly, clandestinely and go unrecorded, Senator Defensor Santiago said that Guttmacher arrived at the figures by combining an estimate of induced abortions from hospital records with an estimate of the number of unplanned bitihs based on available national survey data on the planning status of recent births. Asked whether the gathered data mayor may not be true on the ground, Senator Defensor Santiago conceded that the figures were not exact but it would be unfair to imply that that data were merely pulled out of thin air because they were actually based on empirical results such as face-to-face interviews, hospital records and the like. Senate President Enrile pointed out that although the study showed that 90% of the 3,700 maternal deaths in 2008 occurred among women who did not use family planning methods, it was not indicated how these deaths were distributed according to categories. In reply, Senator Defensor Santiago said that only the data on the number of pregnancies were available.

As to the statement that one out of three unplanned pregnancies ended in abortion, Senator Defensor Santiago said that the abortion statistics were computed by using hospital records in all regional public hospitals, the sum of which was multiplied by a factor of four to six which is the number of women who do not go to a hospital. As to the difference between unwanted, unintended and unplanned pregnancies, Senator Defensor Santiago said that these terms can be used interchangeably. She also said that the number of induced yearly abortions in the Philippines, estimated at 400,000 in 1994 and 473,400 in 2004, was a mere estimate. Senate President Enrile then asked how it was gathered that nine out of J0 women who resorted to induced abortion were married and 87% of them were Catholics when the records were not examined, Senator Defensor Santiago said that actual extrapolation of hospital records were done because in hospitals, the woman or her companion is always asked to fi II up a form. Relative to the statement that lower fertility rate reduces poverty incidence, Senate President Enrile asked whether there is a direct and absolute correlation between fertility rate and the incidence of poverty. In reply, Senator Defensor Santiago said that there is a direct correlation although it is not absolute, as 27 professors of the UP School of Economics said in a paper they published in 1998. Senate President Emile noted that based on the study, the fertility rate in the NCR is 2.3% with poverty incidence of 7.6% which could mean that the more affluent the community, the less the fertility rate will be. In contrast, he pointed out that in the Bicol Region, the fertility rate is 5. J % with poverty incidence of 49%. Based on these data, he said that it appeared that the fertility rate in the Bicol Region was a little over or twice as much as that of the NCR although its poverty incidence was 6.5 times bigger. In connection therewith, he asked whether other factors were considered like the weather in Bicol, its isolation and its less developed economic status, or that the government has not invested in the province as much as it has in Metro Manila. In response, Senator Defensor Santiago admitted that the incidence of poverty is not exclusively fertility rate-related but is certainly a significant factor. She said that there is a relationship between the two but it could not be absolutely said that fertility rate is responsible for the incidence of poverty in the Bico\'

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249

Senate President Enri Ie noted that in her speech, Senator Defensor Santiago said that there are more "actual" children than "wanted" children and that the actual fertility rate is 3.3%, while the wanted fertility rate is 2.4%. On this note, he asked whether it is the national government's conclusion that 2.4% ought to be the fertility rate of the country. In reply, Senator Defensor Santiago said that there is no legislated national policy on population rate and that the figures were based on interviews with women in their homes. Senate President Enrile said that there ought to be some guide in designing popUlation policy with due r~gard to the replacement of dying Filipinos so that the vitality of the country would not be destroyed. At this juncture, he asked whether the 2.4% fertility rate is the acceptable measurable replacement rate that ought to be observed to maintain the vigor and vitality of the country in terms of the labor force, security force, consumers, taxpayers and others that make up a viable society. Senator Defensor Santiago stated that the 2.4% rate is the present population growth rate in the Philippines, although it is not consi dered as the optimum growth rate which is lower than 2.4%. She added that the population could be maintained at a much lower gro\\>1h rate without even reaching the so-called demographic winter or the condition where the population is so old that it can no longer compete in the international market. She said that the optimum or ideal population growth rate should approximate that of Singapore or Thailand. Asked on the fertility rates of Thailand and Singapore, Senator Defensor Santiago answered that they were slightly lower than 2%, adding that these were actual population statistics. On ideal and safe growth rate for the Philippines to allow it to maintain its current vitality without sacrificing the vigor of its population and the support that is needed for the aging or exiting population and who would determine, govern and monitor such growth rate, Senator Defensor Santiago replied that for the Philippines, it is 1.8% and the Census Bureau should monitor it and for its part, the Department of Health (DOH) would use that number to make its own extrapolations on what the preferable growth rate ought to be. Asked who would raIse the alarm when the ideal birth rate goes down, Senator Defensor Santiago said that it is the function of the Population Commission to raise the alann along with the academe,

for instance, the Population Institute of UP, the DOH, or even government officials like the senators. She stressed that there is no specific body in charge of such function as it would smack too much of totalitarianism. She added that the function of the Census Bureau is merely ministerial- to go to the field and come out with the data. Adverting to the phrase "actual children than wanted children" used in the sponsorship speech, Senate President Enrile asked from whose point of view "wanted" is being referred to. Senator Defensor Santiago replied that "wanted" would come from the point of view of the parents, particularly, the woman, who sometimes bears children against her wishes. Senate President Enrile argued that what the parents want may not necessarily be the policy to be adopted by the State, taking all circumstances as a whole. Senator Defensor Santiago emphasized that the biJlis not about population control but about giving couples the choice of having children or not. But Senate President Enrile noted that the tendency and the result of the bill is to control population. If that is so, he asked why the State should intervene and he suggested that the bill be enacted without providing for state intervention. Senator Defensor Santiago clarified that the authors of the bill were thinking of the poorest of the poor who have no voice. Senate President Enrile then asked who would decide which sector of the population must pro create and which sector should not in the event the desirable population rate goes down, taking into account all the elements that will make the country viable, Senator Defensor Santiago stated that no one would make the decision because the country is not a Nazi or fascistic state. She stressed that the country stands on the platform that the ideal fertility rate should be what the women, especially the poorest of the poor, want. The issue on hand, Senate President Enrile argued, is the totality of society that has its own peculiar interests, for instance, its concern on the integrity and security of the county, the maintenance of the livelihood of the people, and the health of its financial condition in order to perfonn its function as respectable and viable state, among others. Senator Defensor Santiago reiterated that nobody would decide as she explained that the core principle of the pro-RH
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proponents is that that women should not be coerced into having children. She emphasized that women should be free to have as many children they think they can responsibly raise with a good quality of life for mother and the child and the rest of the family. Senate President Enrile assumed that when a national policy is adopted, the State would be the central figure in society that must ensure the national policy is enforced but, he noted, that policy could be promoting the reduction, to a certain level, of a population that ought not to be reduced, and if reduced to an undesirable level, to undertake remedial measures. He recalled that the United States adopted stich rcmedial measures when it gave credit in taxes or allowances to encourage families to have children. Senator Defensor Santiago stated that the Philip pines, in fact, had adopted measures giving indirect incentives or rewards to people, with respect to the popUlation growth rate, like tax exemptions for a certain number of children. She pointed out that the country's strategies in addressing population concerns are enunciated in the Philippine Development Plan for 2011 to 2016 as well as the Philippine Population Management Program of 20 II to 2016. The long term goal under both plans, she noted, is to contribute to improving the quality of life of Filipinos through responsible parenting, better health and education, attainment ofpopulation outcomes that are in hannollY with available resources and sustainable environment conditions and reduction of poverty. Senate President Enrile assumed that the word "management" means to watch out for certain things like the level of popUlation in relation to resources, to development, and to available capacities of the government. Relative to the phrase "contraceptives are not abortifacients," he posited that it was used to support "a position paper on reproduction issued by international organization and released by the World Health Organization." However, he argued that without the male spenn and the female egg, there is nothing to abort. He stressed that there is no need for abortifacients but precisely, Senate Bill No. 2865 says, "to abort the function of the male sperm and the female egg in the natural process of procreation through the provision and distribution of condoms, birth control pills, injectables, intrauterine devices and other medically-safe, effective, legal, affordable and quality reproductive health care services, methods, devices, supplies and relevant information and education thereon." This, he believed, is the direction and purpose of said bill.

At this juncture, Senate President Enrile made reservation to continue his interpellation at a later day.

SUSPENSION OF CONSIDERATION OF SENATE BILL NO. 2865

Upon motion of Senator Sotto, there being no objec tion, the Body suspended consideration of the bill.

CHANGE IN COMMITTEE MEMBERSHIP

At the instance of Senator Pimentel, upon nomination by Senator Sotto, there being no objection. Senator Villar was elected member of the Committee on Electoral Reforms and People's Participations, in lieu of Senator Cayetano (A). Senator Sotto pointed out that being the Minority Leader, Senator Cayetano (A) is already an ex officio member of said committee.

CHANGE OF REFERRAL
At the instance of Senator Revilla, upon motion of Senator Sotto, there being no objection, the Chair referred House Bill Nos. 201, 1308, 1312, 1313,1994, 3080, 3123, 3208 and 3552, which were earlier referred to the Committee on Public Services, back to the Committee on Public Works as the primary committee.

COAUTHOR
Senator Sotto conveyed the desire of Senator Legarda to be coauthor of Senate Resolution Nos. 542 and 562 which had already been adopted by the Body.

ADJOURNMENT OF SESSION
Upon motion of Senator Sotto, there being no objection, the President Pro Tempore declared the session adjourned until three o'clock in the afternoon of the following day.

It was 5:25 p.m.

I hereby certify to the correctness of the foregoing.

E~YESJfv.; Sf
Secretary of the

Gte

Approved on September 7, 20 I I

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