Partylist Groups

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3063

Introduced by Kabataan Party-List Rep. Raymond V. Palatino

EXPLANATORY NOTE

The indigenous peoples or the so-called “national minorities” account for about 15 percent of the Philippine population. The indigenous peoples of the Philippines are distinguished from the mainstream of Filipino society, and from the Moro peoples, by their pre-Hispanic, non-Islamic cultures and social structures, their traditional relationship with nature, and their strong ties to ancestral land. Their ancestral lands remain as their source of food, water and other life-sustaining resources, minerals and various environmental resources.

Despite their rich cultures being a source of pride in the Filipino heritage, the country’s indigenous peoples of the Philippines have always been continually pushed to the brink of survival. They remain discriminated against and marginalized from politics and governance, while their properties and territories are being usurped. For instance, the past administration has sold off vast tracts of mineral lands to foreign transnational corporations, most of them ancestral lands of indigenous communities. According to the Kalipunan ng mga Katutubong Mamamayan ng Pilipinas, an alliance of indigenous peoples organizations, mining remains to be the largest cause of distress among indigenous peoples in the Philippines. This institutionalized plunder of ancestral territories, according to Kamp, caused the greatest strain to indigenous peoples’ rights.

Aside from the economic and social discrimination against them, indigenous peoples and cultural communities are also victims of misconceptions and misrepresentations by mass media and unfortunately, by our educational institutions. Inaccurate images and ideas about indigenous peoples has long been disseminated by mass media and taught inside our classrooms.

The Indigenous Peoples Rights Act of 1997 states that the government “shall recognize, respect and protect the rights of indigenous cultural communities and indigenous peoples to preserve and develop their cultures, traditions and institutions.”

Despite the passage of this law, the rights and welfare of indigenous peoples are still relegated to the sidelines. One of the steps the government can undertake is to promote and improve the teaching of indigenous studies in our schools. In furtherance of this goal, this bill seeks to require the mandatory teaching of the history, culture and identity of the country’s indigenous cultural communities and indigenous peoples. One of the important provisions stressed in this bill is the participation of indigenous peoples’ organizations in the formulation of courses, subjects and/or special lectures on indigenous studies and the writing and publication of textbooks, manuals and other reading materials to be used in these courses. Our educational institutions can play a key role to promote a greater understanding of indigenous peoples. It is hoped that by educating the citizens, particularly the youth, on the indigenous peoples’ history and way of living, they would realize and understand that the struggles and aspirations of the indigenous peoples for genuine democracy and national patrimony are not separate from theirs.

In light of the foregoing, the passage of this bill is earnestly sought.

Hon. Raymond V. Palatino
Representative, Kabataan Party-List

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3063

Introduced by KABATAAN Party-list Rep. Raymond V. Palatino

AN ACT
PROVIDING FOR THE MANDATORY STUDY OF THE HISTORY, CULTURE AND IDENTITY OF INDIGENOUS CULTURAL COMMUNITIES OR INDIGINEOUS PEOPLES OF THE PHILIPPINES IN THE CURRICULA OF ALL LEVELS OF SCHOOLS IN THE COUNTRY

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short title. – This Act shall be known as the “Indigenous Studies Act of 2010.”

SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to empower the indigenous peoples and recognize their role in achieving genuine peace, equality, social justice and democracy in the country by educating its citizens, especially the youth, on indigenous socio-political and economic systems, cultures, and identity.

SECTION 3. Indigenous Cultural Communities and Peoples. – For purposes of this Act, the indigenous cultural communities/ indigenous peoples shall refer to a group of people or homogenous societies identified by self-ascription and ascription by other, who have continuously lived as organized community on communally bounded and defined territory, and who have, under claims of ownership since time immemorial, occupied, possessed customs, tradition and other distinctive cultural traits, or who have, through resistance to political, social and cultural inroads of colonization, non-indigenous religions and culture, became historically differentiated from the majority of Filipinos.

ICCs/IPs shall likewise include peoples who are regarded as indigenous on account of their descent from the populations which inhabited the country, at the time of conquest or colonization, or at the time of inroads of non-indigenous religions and cultures, or the establishment of present state boundaries, who retain some or all of their own social, economic, cultural and political institutions, but who may have been displaced from their traditional domains or who may have resettled outside their ancestral domains.

They include:

(a) The Isneg, Itneg or Tinggian, Southern Tinggian, Kalinga, Eastern Bontok, Bontok, Northern Kankanaey, Kankanaey, Ibaloy, Kalanguya, Ayangan, Tuwali, and other Cordillera peoples, including the Bago, all of whom are collectively known as Igorot;
(b) The Ivatan, Itawes, Malaweg, Gaddang, Ilongot, Bugkalot, Yogad, and similar peoples of Northern Luzon;
(c)The Aeta, Agta, Alta, Arta, Dumagat, Sinauna, and similar peoples of Northern, Central, and Southern Luzon;
(4d) The Hanunuo, Alangan, Gubatnon, Iraya, Buhid, Bangon, Tadyawan, and other peoples of Mindoro who are collectively known as Mangyan;
(e) The Agutaynen, Batak, Cuyanin, Molbog, Palaw’an, Tagbanwa, Tau’t Batu, and similar peoples of Palawan;
(f) The Ati, Akeanon, Pan-ayanon, Jalawodnon, and other peoples of Panay who are collectively known as Tumandok; also the Atta and similar peoples of other parts of the Visayas; and
(g) The Ata-Manobo, Manobo, Higaonon, B’laan, T’boli, Bagobo, Ubo, Mamanwa, Mandaya, Mansaka, Tagakaolo, Teduray, Subanen, and other peoples of Mindanao who are collectively known as Lumad;

SECTION 4. All public and private schools shall include in their curricula courses, subjects and/or special lectures on the history, culture and identity of indigenous cultural communities and peoples. No school shall be established or allowed to operate unless this requirement is complied with.

SECTION 5. The Department of Education and Commission on Higher Education, in consultation and close coordination with the National Commission on Indigenous Peoples and various non-government organizations, advocacy groups and alliances of indigenous peoples, shall formulate courses, subjects and/or special lectures on indigenous studies to be taught as separate courses or incorporated in existing subjects now being taught in all levels of education throughout the country.

SECTION 6. The Department of Education and Commission on Higher Education shall also consult and coordinate with the National Commission on Indigenous Peoples and various non-government organizations, advocacy groups and alliances of indigenous peoples, in the writing, printing and publication of textbooks, manuals and other reading materials to be used in the indigenous studies courses.

SECTION 7. This Act shall be implemented initially within the framework of the budget of the Department of Education, Commission on Higher Education and state universities and colleges for the year it is enacted into law. As far as practicable, the funds required therefor shall be drawn from its appropriations for policy formulation, program planning, standards development and instructional materials development.

Thereafter, such amounts as may be necessary for the implementation of this Act shall be included in the budget of the Department of Education, Commission on Higher Education and state universities and colleges in the annual General Appropriations Act.

SECTION 8. Implementating Rules and Regulations. – The DepEd and CHED shall promulgate and issue the necessary implementing rules and regulations within thirty (30) days after the effectivity of this Act.

SECTION 9. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SECTION 10. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with, the provision of this Act is hereby repealed, modified or amended accordingly.

SECTION 11. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3062

Introduced by Kabataan Party-List Rep. Raymond V. Palatino

EXPLANATORY NOTE

Article II, Section 11 of the Philippine Constitution declares that the State values the dignity of every person and guarantees full respect for human rights. The principles and values of human rights that are enshrined in the Philippine Constitution and international covenants, however, are rendered hollow and meaningless when the citizens are not informed of their rights and when human rights violations continue to occur.

The human rights situation in the Philippines took a serious beating during the past decade. According to human rights group Karapatan, human-rights atrocities and violations continuously occurred, victimizing thousands of Filipinos particularly those who are critical of the government’s economic policies and of the rampant corruption in the bureaucracy.

Karapatan noted in its 2009 report that from the time Former President Gloria Macapagal Arroyo assumed the presidency in 2001 up to October 2009, there are a total of 1,118 victims of extrajudicial killings and 204 who have been forcibly disappeared and are still missing.

Aside from the rampant violations of the civil and political rights, the past government’s grim human rights record is also manifest in the economic, social and cultural realm. More than three decades after the Philippines ratified the International Covenant on Economic, Social and Cultural Rights, the rights of millions of Filipinos are increasingly being neglected and undermined such as the right to education, decent jobs, health, food and other social services, and adequate standard of living, among others.

Amidst this backdrop, there is a pressing and serious need for the government to educate its citizens, especially the youth, on their civil, political, economic, social and cultural rights. This role is stipulated in the Constitution, which specifically calls for all educational institutions to “inculcate… respect for human rights” and in the mandate of the Commission of Human Rights, which is tasked to “establish a continuing program of research, education, and information to enhance respect for the primacy of human rights.”

At present, the subject “Human Rights” is being taught by Philippine schools only on a voluntary basis. Thus, this bill seeks to make human rights subjects a mandatory part of the curriculum of all education institutions in the country.

In the face of the country’s human rights situation, it is high time that the importance of human rights be inculcated in our youth. In light of the foregoing, the passage of this bill is earnestly sought.

Hon. Raymond V. Palatino
Representative, Kabataan Party-List
REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3062

Introduced by KABATAAN Party-list Rep. Raymond V. Palatino

AN ACT
PROVIDING FOR THE MANDATORY STUDY OF THE HUMAN RIGHTS IN THE CURRICULA OF ALL LEVELS OF SCHOOLS IN THE COUNTRY

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short title. – This Act shall be known as the “Human Rights Education Act of 2010.”

SECTION 2. Human rights education. – All public and private schools shall include in their curricula courses, subjects and/or special lectures on human rights. No school shall be established or allowed to operate unless this requirement is complied with.

SECTION 3. The Department of Education and Commission on Higher Education, in consultation and close coordination with the Commission on Human Rights and various non-government organizations, advocacy groups and human rights organizations, shall formulate courses, subjects and/or special lectures on human rights to be taught as separate courses or incorporated in existing subjects now being taught in all levels of education throughout the country.

SECTION 4. The Department of Education and Commission on Higher Education shall also consult and coordinate with the Commission on Human Rights and various non-government organizations, advocacy groups and human rights organizations, in the writing, printing and publication of textbooks, manuals and other reading materials to be used in the human rights courses.

SECTION 5. This Act shall be implemented initially within the framework of the budget of the Department of Education, Commission on Higher Education and state universities and colleges for the year it is enacted into law. As far as practicable, the funds required therefor shall be drawn from its appropriations for policy formulation, program planning, standards development and instructional materials development.

Thereafter, such amounts as may be necessary for the implementation of this Act shall be included in the budget of the Department of Education, Commission on Higher Education and state universities and colleges in the annual General Appropriations Act.

SECTION 6. Implementating Rules and Regulations. – The DepEd and CHED shall promulgate and issue the necessary implementing rules and regulations within thirty (30) days after the effectivity of this Act.

SECTION 7. Separability Clause. – If any provision or part hereof is held invalid or unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SECTION 8. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with, the provision of this Act is hereby repealed, modified or amended accordingly.

SECTION 9. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3061

Introduced by Kabataan Party-List Rep. Raymond V. Palatino

EXPLANATORY NOTE

In 2009, after three young drug suspects who are members of affluent families made headlines and brought renewed attention to the issue of youth drug abuse, former President Gloria Macapagal-Arroyo ordered for the implementation of random drug testing in all public and private schools in the country. The preliminary results of the nationwide random drug testing conducted from February to December 2009 and released in Janaury this year show that only 72 of the 29,059 students tested were confirmed positive of drug use, a prevalence rate of O.24 percent.

Prior to the nationwide random drug testing in 2009, the Department of Education and the Department of Health had conducted drug tests in 2005, where some 8,670 students from 287 high schools nationwide were randomly tested for illegal drugs. Reports indicate that at least 115 or 1.3 percent of the students tested “positive” for methamphetamine or “shabu” and other illegal drugs.

The DepEd first issued guidelines on random drug testing of high school students in 2003, according to a report by the Philippine Daily Inquirer. The conduct of nationwide drug testing in schools was pursuant to Section 36-C of Article 3 of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act of 2002. The law states that:

Article 3, Section 36(c): Students of secondary and tertiary schools. – Students of secondary and tertiary schools shall, pursuant to the related rules and regulations as contained in the school’s student handbook and with notice to the parents, undergo a random drug testing: Provided, That all drug testing expenses whether in public or private schools under this Section will be borne by the government.

We recognize the complexity and gravity of illicit trade and use of dangerous drugs in the country. Despite laws and programs initiated by the government to curb this social menace, drug trafficking continues to be a major problem that victimizes the poor majority, especially the youth and students. Data from the Philippine Drug Enforcement Agency reveals that the number of drug users in the country increased from 1.8 million in 2003 to 6.7 million in 2008. However, random drug testing as a measure to curb drug use among the Filipino youth raises a lot of issues ranging from its constitutionality to its effectiveness.

First, the conduct of random drug testing in schools is an exercise in futility, as it will not prove to be deterrent, reductive, nor preventive. The effectiveness of drug testing to curb drug use among the youth is questionable. In the United States, for instance, there is no conclusive evidence to prove that drug tests in schools, which were implemented in 1998, were successful in discouraging drug use. A study published by the Journal of School Health in the US in 2002 revealed that incidences of drug use in schools that conducted drug tests were the same with schools that did not implement the program.

Consequently, the government would only be wasting precious taxpayers’ money by implementing a program that will not even make a dent on the systemic drug problem and the scientific validity of which is being questioned in other countries. Our scarce education budget must be wisely utilized. Government resources must be used to buy basic school needs and construct classrooms and facilities, not for the expensive and ineffective drug testing program.

The implementation of random drug testing is also an infringement of our basic rights guaranteed in the Constitution, specifically the students’ right against self-incrimination and right to individual privacy. Random drug tests also violate Article 16 of the United Nations Convention on Human Rights, which says, “No child shall be subjected to arbitrary or unlawful interference with his or her privacy, family, home or correspondence, nor to unlawful attacks on his or her honor and reputation.”

Drug testing in schools is also punitive, discriminatory and arbitrary. Since no initial evidence is demanded in recommending a student for drug testing, this provision is subject to abuse by teachers and/or school authorities who bear a grudge against one of his/her students. Section 42 of RA 9165 also empowers school heads, supervisors, teachers and security officers to apprehend or arrest students found violating the provisions of the law. In the hands of abusive school authorities, this provision can be used to harass and punish students they deem as nuisance and bad influence, or those whom they may not have a good relationship. Essentially, these provisions discriminate against delinquents, emotionally-troubled children, fraternity members, activists, gangsters and other students the school may want to get rid of.

Kabataan Partylist supports the battle against illegal drug trade and use in the country since it victimizes the Filipino youth which we represent. However, we reject these provisions that are contrary to the rights of students. Furthermore, we believe that these provisions in RA 9165 will not solve the proliferation of illicit drug use in schools. Our efforts should be geared towards ensuring that our youth have access to education and the learning environment must be inspiring and motivating. The best way to banish compelling reasons to use drugs is to reduce poverty and unemployment levels in the country.

In light of the foregoing, the passage of this bill is earnestly sought.

Hon. Raymond V. Palatino
Representative, Kabataan Party-List

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 3061

Introduced by KABATAAN Party-list Rep. Raymond V. Palatino

AN ACT
DECLARING AS UNLAWFUL THE CONDUCT OF DRUG TESTING OF STUDENTS IN PUBLIC AND PRIVATE SCHOOLS REPEALING FOR THIS PURPOSE CERTAIN PROVISIONS OF REPUBLIC ACT 9165, OTHERWISE ¬¬-KNOWN AS THE “COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002”

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled:

SECTION 1. Section 36-C of Article III and Section 44 of Article IV of Republic Act 9165, entitled “AN ACT INSTITUTING THE COMPREHENSIVE DANGEROUS DRUGS ACT OF 2002, REPEALING REPUBLIC ACT NO. 6425, OTHERWISE KNOWN AS THE DANGEROUS DRUGS ACT OF 1972, AS AMENDED, PROVIDING FUNDS THEREFOR, AND FOR OTHER PURPOSES”, also known as the “Comprehensive Dangerous Drugs Act of 2002”, are hereby repealed.

SECTION 2. Effectivity Clause. – This Act shall take effect fifteen (15) days after the completion of its publication in the Official Gazette or in any newspaper of general circulation and shall be implemented in schools on the semester immediately succeeding the effectivity.

Approved,

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 2676

Introduced by Kabataan Party-List Rep. Raymond V. Palatino

EXPLANATORY NOTE

Article 11, Section 16 of the Constitution recognizes the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature. In compliance with this provision, the State is thereby mandated to exert all efforts to enact legislation that addresses situations and practices that adversely affect the environment and the health and safety of the public.

Among the most pressing environmental concerns today is the wholesale and indiscriminate use of Styrofoam, plastic and other non-biodegradable materials. Major producers of food products package consumer products in “disposable” form as it helps them maximize profit and sales. The result is that they create and continuously tap a consumer market that equates convenience with simply throwing away the refuse of the commodities they consume.

Yet, leading researches have shown that these materials are hazardous to the environment. Styrofoam, if not properly disposed, continually releases chlorofluorocarbons or CFCs into the atmosphere. CFCs are the same elements found in aerosol propellants and Freon refrigerants that have been contributing to the thinning of the ozone layer in the earth’s atmosphere. Furthermore, Styrofoam is non-biodegradable and resists compacting, thereby taking up extra landfill space for long periods of time. The damage exacted by the continued use of Styrofoam is manifest in the perennial problem of waste management in the Philippines. Despite the development of recycling methods for Styrofoam, these mechanisms are not readily and widely available especially in our country.

This bill discourages the use of Styrofoam in all educational institutions in accordance with Republic Act 9512, which mandates the Department of Education and the Commission on Higher Education to promote environmental awareness through environmental education. Students should not only learn, but practice environmental protection. Moreover, this bill encourages the search for truly safer alternatives.

In light of the foregoing, the urgent passage of this bill is earnestly sought.

Hon. Raymond V. Palatino
Representative, Kabataan Party-List
REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. 2676

Introduced by KABATAAN Party-list Rep. Raymond V. Palatino

AN ACT
PROHIBITING THE USE OF POLYCARBON PLASTICS, STYROFOAM AND OTHER SYNTHETIC MATERIALS HARMFUL TO THE ENVIRONMENT IN ALL FOOD SERVICE ESTABLISHMENTS IN ALL EDUCATIONAL INSTITUTIONS AND FOR OTHER PURPOSES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress Assembled:

SECTION 1. Declaration of Policy. – Consistent with the policy of the State to protect and advance the right of the people to a balanced and healthful ecology in accord with the rhythm and harmony of nature under the Constitution, the State shall promote national awareness among the students on the importance of environmental conservation and ecological balance.

It is hereby declared the policy of the State to minimize the use of ecologically harmful synthetic materials, components, ingredients or packaging of consumer products. The State recognizes that it is in the best interest of the health and safety of the people that laws and regulations prohibit the use of Styrofoam and plastic food service products to reduce the cost of solid waste disposal and to protect the environment.

It is also the policy of the State to encourage the use of alternative materials to Styrofoam and plastic food service containers for packaging consumer products. These alternative materials shall be biodegradable and shall pose no danger to the environment both during their use and upon their disposal.

SECTION 2. Definition of Terms. – For purposes of this Act, the following are hereby defined as follows:
(a) Polycarbon Plastics and Plastics shall mean any plastic product or other synthetic material made from petroleum-based ingredients including, but not limited to polyethylene, polythene, vinyl, polyvinyl, phenolic vinyl, urethane, polyurethane, Styrofoam and similar materials and their extracts.
(b) Food Service Establishments shall refer to full-service restaurants, fast food restaurants, canteens, cafes, coffee shops, carinderias, or other businesses selling or providing food within campus premises for consumption on or off the premises, owned either publicly or privately.

SECTION 3. Unlawful use of Polycarbon Plastics, Styrofoam and Other Synthetic Materials – It shall be unlawful for all food service establishments inside school premises to utilize polycarbon plastics, Styrofoam and other synthetic materials harmful to the environment as container or packaging for any food product for consumption on or off premises.

SECTION 4. Coverage. – This Act shall cover both private and public learning institutions— preparatory, primary, secondary and tertiary levels.

SECTION 5. Penalty. – Owners of food service establishments caught violating this Act shall be sent a warning for first offense. For the succeeding offenses, they shall be imposed a penalty equivalent to ten (10) percent of their monthly profits.

SECTION 6. Alternatives. – In lieu of polycarbon plastics, Styrofoam and other synthetic materials, food service establishments shall use paper products as container or packaging for any food product.

To assist in the implementation of the Styrofoam and plastic ban in schools, local health and environment units shall develop a report on the availability, cost and performance of recyclable and biodegradable alternatives to Styrofoam food service products.

SECTION 7. Implementing Guidelines. – The Department of Education, for primary and secondary schools, and the Commission on Higher Education, for tertiary schools, shall promulgate the implementing guidelines necessary to enforce the objectives of this Act within sixty (60) days after the effectivitiy of this Act. Both agencies shall coordinate with the Department of the Interior and Local Government, Department of Health, and Department of Environment and Natural Resources.

SECTION 8. Separability Clause. – If any provision or part hereof is held invalid or
unconstitutional, the remainder of the law or the provision not otherwise affected shall remain valid and subsisting.

SECTION 9. Repealing Clause. – Any law, presidential decree or issuance, executive order, letter of instruction, administrative order, rule or regulation contrary to or inconsistent with, the provision of this Act is hereby repealed, modified or amended accordingly.

SECTION 1O. Effectivity Clause. – This Act shall take effect fifteen (15) days after its publication in at least two (2) newspapers of general circulation.

Approved,

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. __________

Introduced by Kabataan Party-List Rep. Raymond V. Palatino

EXPLANATORY NOTE

Last Congress, after delivering a privilege speech exposing several realities among workers in the Business Process Outsourcing (BPO) industry, we filed a bill seeking to promote and protect the rights of our fellow Filipinos, many of them belonging to the youth sector, who flock to BPO companies for immediate employment.
The bill, which we called the “BPO Workers Welfare & Protection Act,” sought to assert the prescribed labor standards set forth in the Labor Code and institutionalize additional benefits that would hopefully address specific work-related problems and issues peculiar to the nature of BPO work.
Due to our proposed legislative measure, we have received hundreds of feedback from BPO managers, call center agents, and even mothers of BPO workers, all expressing concern with the working conditions in many of the companies under this industry.
Though bigger BPO companies offer relatively competitive compensation packages, among other benefits, there are many other smaller BPO companies which do not address the peculiar problems of their employees arising from the very nature of their work. Among the problems we’ve noticed from the feedback we have received, is that BPO companies devise mechanisms to prevent many of their employees from becoming regularized despite having been employed as probationary workers or trainees for more than six months. This mechanism effectively divests many BPO workers of the benefits that should be granted to them for all the time they have spent serving the company, from the right to money claims and security of tenure, to the right to regular medical check-ups.
This brings me to another problem faced by BPO employees—the health and psychological risks attendant to the nature of their work. In many BPO companies, employees are not allowed to take restroom breaks for hours on end in order to satisfy quotas or demands. It is thus no wonder why many BPO employees complain of urinary tract infections and other such complications after their employment in BPO workplaces. Because of the nature of their work, BPO workers, more than half of whom work in night shifts according to the most recent study of the International Labor Organization (ILO), have a greater risk of contracting sleeping disorders, depression, eye strains, vocal complications and other similar health problems. According to the same study by the ILO, many BPO workers suffer form “high-strain” working conditions, many of them complain of stress arising from harassment from irate clients, excessive and tedious workloads, performance demands and monotony. These make it even more imperative for all BPO workers to be afforded regular medical check-ups, regardless of their status as regulars, probationary workers or trainees.
To address these problems, we have incorporated two new provisions in this new bill for BPO workers, one for mandatory regularization of all employees who have worked for at least six months in the company, and one for the standardization of restroom breaks, aside from the standardization of the medical check-up benefits for all workers.
Aside from these provisions, we have retained much of the rights and benefits that we have incorporated in our first bill for BPO workers’ welfare and protection, from asserting their right to organize and establish formations and unions, to asserting their right to due process in administrative proceedings.

Hundreds of thousands of Filipinos are working in the BPO industry. In the absence of genuine national industries, we praise this industry for the apparent and immediate employment opportunities it grants many of our people. Is it too much to ask that we ensure the rights and welfare of those who have chosen to rely on this “sunshine industry”?

Hon. Raymond V. Palatino
Representative, Kabataan Party-List

REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
First Regular Session

House Bill No. __________

Introduced by KABATAAN Party-list Rep. Raymond V. Palatino

AN ACT
ENSURING THE WELFARE AND PROTECTION OF BUSINESS PROCESS OUTSOURCING (BPO) WORKERS AND THE RECOGNITION OF THEIR RIGHTS AS PROVIDED FOR IN THE LABOR CODE OF THE PHILIPPINES

Be it enacted by the Senate and the House of Representatives of the Philippines in Congress assembled:

SECTION 1. Short Title. – This Act shall be known as the “BPO Workers’ Welfare and Protection Act”

SECTION 2. Declaration of Policy. – It is hereby declared the policy of the State to protect the rights, and promote the welfare of workers in the Business Process Outsourcing (BPO) industry and to take appropriate steps to recognize such rights and welfare. The State recognizes the role of BPO workers in nation-building and that protecting and promoting their rights and welfare form an integral part of national development. The State shall strive to improve and promote their social and economic status, living and working conditions, terms of employment, professional growth and career development.

SECTION 3. Coverage. – This Act shall cover all employees and workers engaged in the Business Processing Outsourcing industry.

SECTION 4. Standard of Treatment. – The employer and the supervisors must, at all times, treat the BPO worker in a just and humane manner and ensure and provide that rights and benefits of BPO workers be accorded them as mandated by Presidential Decree 442, otherwise known as the Philippine Labor Code. Abusive language, physical violence or any act which debases the dignity of a person shall not be used against the employee.

SECTION 5. Access to Relevant Information. – The State shall ensure that BPO companies allow their workers and employees access to relevant information to make them understand their rights, benefits, obligations, conditions and realities attending to their profession. BPO companies shall not restrain their employees from organizing or attending activities, such as, but are not limited to, workshops and symposia, that seek to equip BPO workers with relevant information with regard to their rights, welfare and conditions.

SECTION 6. Protection from Understaffing or Overloading. – There shall be no understaffing or overloading of BPO workers. The ratio of BPO worker to client quota or quantitative targets shall be such as to reasonably effect a sustained quality of service at all times without overworking the worker and over-extending his/her services beyond what is stipulated in the employment contract, or what is allowed as the worker’s regular hours of work. The employer may request the employee to perform tasks beyond the duties stipulated in the employment contract; Provided, That the employee consents and; Provided, That such tasks are duly compensated by the employer with an additional pay of not less than 25% of the regular rate per hour.

SECTION 7. Regularization. All BPO workers shall be considered regular employees upon the sixth month of employment as trainee or apprentice, or upon the completion of a maximum probationary training period of six months.

SECTION 8. Right to Self-Association, to engage in Collective Bargaining, and to participate in Democratic Exercises. – It shall be unlawful for any person or company to restrict the right of BPO workers to join, organize, or assist organizations, to collective bargaining and to participate in the deliberation of issues and in the formulation of policies that affect them.

SECTION 9. Freedom from Interference or Coercion. – It shall be unlawful for any person or company to commit any of the following acts of interference or coercion:

(a) to require as condition of employment that BPO employees shall not join, form or assist in the formation of an organization;
(b) to discriminate in order to encourage or discourage membership in an organization;
(c) to prevent a BPO employee from carrying out his duties and functions in his organization to penalize the employee for any lawful action performed in that capacity;
(d) to perform acts calculated to diminish the independence and freedom of the union or organization to direct its own affairs.

SECTION 10. Freedom from Company Bond. – It shall be unlawful for any person or company to compel a BPO worker to commit to a company bond, imposing an exorbitant fee to be paid by the employee upon leaving the company before a specified length of time.

SECTION 11. Right to Money Claims. – The company may not, in any case, prevent a BPO worker from receiving his/her rightful money claims arising from labor disputes.

SECTION 12. Protection from Discrimination. – BPO workers shall be protected from discrimination by reason of sex, sexual orientation, age, political or religious beliefs, civil status, physical characteristics or disability, or ethnicity.

SECTION 13. Safeguards in Administrative Proceedings. – In any administrative proceeding, a BPO worker shall have:

(a) the right to be informed of the charges;
(b) the right to full access on evidence against him/her;
(c) the right to defend himself/herself or by a counsel of his/her choice;
(d) the right to be given adequate time to prepare his/her case, which shall in no case be less than one week;
(e) the right to appeal to designated authorities;
(f) such other rights as will ensure fairness and impartiality during proceedings.

SECTION 14. Regular Hours of Work. – Normal hours of work for BPO workers shall not exceed eight (8) hours a day. Any work done by BPO employees beyond the regular hours of work shall be duly compensated by the employer.

SECTION 15. Overtime Work. – BPO workers may be required to render services beyond his/her required working hours in cases provided for in the Labor Code; Provided, That the employee is paid for the overtime work with an additional compensation equivalent to not less than his regular wage plus twenty-five percent (25%).

SECTION 16. Night Shift Differential. – BPO workers shall be paid a night shift differential of not less than ten percent (10%) of his regular wage for each hour of work performed between ten o’clock in the evening and six o’clock in the morning.

SECTION 17. Rest & Meal Periods. – BPO workers shall be entitled to compensable rest periods and meal periods not less than what is provided for in the Labor Code and other existing laws. Employees shall have the right to brief restroom breaks, which shall not be shorter than five minutes each, with intervals of two hours during their working hours. To comply with such, the BPO company shall devise a mechanism in order to ensure the implementation of regular restroom breaks among its workers without sacrificing the continuous flow of work among its employees.

SECTION 18. Regular Working Days. – All BPO workers shall render work for not more than six (6) consecutive days per week. While the specific day of the week set aside as rest day may be stipulated in the employment contract, the same may be changed for another day of the week upon the mutual agreement of the employer and the employee; Provided, That the employer shall respect the preference of the employee for his/her weekly rest day when said preference is based on religious grounds.

SECTION 19. Work on Holidays. – BPO workers may be required to work on days designated as non-working holidays in the Philippines granted the nature of their profession; Provided, That the employer shall duly compensate the employee’s work on such days in accordance to existing laws with regard to holiday pay.

SECTION 20. Leave Benefits. – BPO workers shall be entitled to all leave benefits and privileges, such as but not limited to maternity, paternity, vacation and sick leaves, as provided for under existing laws: Provided, That upon separation of the employee from service, they shall be entitled to all accumulated leave credits with pay. No employee may be terminated based solely on unapproved leaves without affording the employee due process in an administrative proceeding.

SECTION 21. Transportation Benefits. – In the absence of or in the lack of safe and adequate public transportation services in BPO workers’ places of work, they shall be entitled to safe transportation service, which may include, but are not limited to shuttle services, to and from the place of work to designated drop-off points, to be provided by the company in order to facilitate the safe commute of employees at vulnerable times at night or early in the morning.

SECTION 22. Medical Examination and Treatment. – BPO workers shall be entitled to a medical examination free of charge upon entry in the BPO company and not merely upon regularization, and every year thereafter during his/her tenure of employment. They shall also be compensated for injuries and medical complications arising from and related to their work in accordance to existing laws, labor policies, guidelines or circulars as the case may be.

SECTION 23. Workplace Policy on Occupational Safety and Health – An occupational safety and health policy shall be formulated by each BPO establishment addressing the safety and health concerns in BPO workplaces and worksites, in accordance with the Occupational Safety and Health Standards (OSHS) and other related OSH issuances.

SECTION 24. Security of Tenure. – No employee may be terminated except for just cause as may be provided by the Labor Code and other existing laws and after due process in an administrative proceeding as provided for in this Act.

SECTION 25. Prohibition Against Elimination or Diminution of Benefits. – Nothing in this Act shall be construed to eliminate or diminish in any way existing benefits being enjoyed by BPO employees at the time of the effectivity of this Act, or benefits beyond the minimum standards set forth by this Act.

SECTION 26. Penal Provision. – Any person or company who violates the provisions of this Act shall be punished with a fine of not less than Ten Thousand Pesos (P20,000) and/or imprisonment of not less than two (2) months but not more than one (1), or both at the discretion of the Court.

SECTION 27. Separability Clause. – If any provision of this Act is declared unconstitutional or invalid, the remainder thereof not affected thereby shall continue to be in full force and effect.

SECTION 28. Repealing Clause. – All laws, ordinances, rules and regulations, other issuances or parts thereof which are inconsistent with this law are hereby repealed or modified accordingly.

SECTION 29. Effectivity. – This Act shall take effect fifteen (15) days after its publication in at least two newspapers of general circulation.

Approved,

Kabataan Partylist Representative Raymond Palatino today scored President Noynoy Aquino’s move to reduce subsidies for state college and universities (SCU) in his proposed 2011 budget, stating that his proposition was an “abandonment of government’s responsibility to provide the Filipino youth with quality and affordable education.”

Based on the proposed 2011 budget, the PNoy administration allocated P 23.4 billion to the country’s 112 SCUs, 1.7 percent lower than this year’s budget.

“Aquino and his budget team should refrain from issuing statements that education is a major priority in the current administration when in fact, he is slowly abandoning the youth. State abandonment of higher education is a trademark of Arroyo’s administration. If the Aquino administration really intends to correct the mistakes of the past, then it should seriously review and overhaul the longstanding policy of reducing subsidy to public tertiary education,” the youth solon said.

In his budget message, Aquino said reducing the subsidy to SUCs will “push them toward becoming self-sufficient and financially independent, given their ability to raise their income and to utilize it for their programs and projects.”

Palatino said an imposed policy of “self-sufficiency and financial independence” in SCUs through tie-ups with private corporations and tuition and other fee increases places the burden of financing tertiary education to the Filipino students themselves, many of whom will be unable to afford it.”

“Allowing SCUs to generate their income and enter into partnerships with the private sector would only mean higher tuition, and consequently, higher drop-out rates and decreased access to tertiary education. This diminishes the public character of SCUs, which are supposed to provide quality and accessible education to those who cannot afford it,” he said.

P1.1B or 28.16% was cut from the maintenance and other operating expenses (MOOE) from SCUs.

Seven SCUs’ MOOE were slashed by more than 50% namely:

• Southern Philippines Agri-Business & Marine and Aquatic School (-66.27%)
• Southern Leyte State University (-64.03%
• Central Bicol State University of Agriculture (-57.96%)
• Partido State University (-56.83%)
• Nueva Vizcaya State University (-53.65%)
• University of the Philippines (-51.85%)
• Aurora State College of Technology (-51.84%).

Among the SCUs with the worst budget cuts by percentage are:

• Philippine Normal University (-23.59%)
• Aurora State College of Technology (-22.21%)
• Cerilles State College (-21.95%)
• University of the Philippines (-20.11%)
• University of Southeastern Philippines (-20.03%)

While the SCUs with the worst budget cuts by nominal value are:

• University of the Philippines (-P1.39 billion)
• Philippine Normal University (-P91.35 million)
• Bicol University (-P88.81 million)
• University of Southeastern Philippines (-P44.39 million)
• Central Bicol State University of Agriculture (-P31.65 million).

Palatino said the reduced subsidy to tertiary education comes at a time when Filipino youth are actually flocking to SCUs because of the increasing cost of studying in private universities and colleges. Based on the latest available data from CHED, 35 percent of tertiary students were studying in SCUs in 2008 as compared to 21 percent in 1994 and 10 percent in 1980.

“Such budget cuts will only urge SCUs to follow the footsteps of the 300% increase in UP. With continuous slash in budgets, we fear that tuition and other fees increase will be rampant in the years to come. Sooner or later, the 112 SCUs will be semi-privatized.”

Palatino further stated that instead of abandoning its responsibility one by one to the people, the Aquino should rechannel debt servicing funds to education. The youth solon earlier filed House Bill 1962 which repeals automatic debt servicing while institutionalizing the appropriation of six percent of the country’s gross domestic product to the public education sector.

“We must implement, at the minimum, the six (6) percent prescription by the United Nations in order to address the tragic condition of our education sector. And when we say education, we are talking about all levels of learning. In implementing this automatic appropriation for education, we are securing not only the future of our youth, but the future of our dear nation,” said Palatino. ###

Joint Press Statement
August 31, 2010

The progressive party-list bloc in the 15th Congress firmly believes that the impeachment case against Ombudsman Merceditas Gutierrez can and will prosper if President Aquino and the Liberal Party-led coalition in the House musters the political will to make sure it does. The impeachment complaint only needs 90 signatures of endorsement and the articles of impeachment can immediately be sent to the Senate for trial.

It is incumbent upon the President and the LP leadership to ensure that the impeachment complaints succeed. Ombudsman Gutierrez’s removal from office remains the litmus test of Pres. Aquino’s promise to hold former president Arroyo and her cohorts accountable for their crimes. Only with a credible and competent Ombudsman can his administration expect to curb corruption.

The House will not find it hard to impeach the Ombudsman. The complaints filed by leaders of various people’s organizations and NGOs clearly show that the Ombudsman betrayed the public trust and culpably violated the Constitution by her failure to act promptly and effectively investigate and prosecute those involved in the fertilizer fund scam, the Comelec-Mega Pacific automation contract, the Euro generals incident and the NBN-ZTE deal.

Therefore, we call on the President to stand firm on his publicly-declared intention of removing the Ombudsman from office. It bothers us that the President seems to have backtracked on his earlier, critical position vis-à-vis the Ombudsman. The President should show everyone that he is serious in taking the straight path and in removing one of its biggest obstacles.

The case against Gutierrez is unique. For the first time in many years, impeachment proceedings are being initiated from the ranks of the majority. Thus we call on the House leadership to mobilize its numbers to ensure the successful impeachment of the Ombudsman. If 90 signatures cannot be gathered for immediate transmittal of the complaint to the Senate, the House leadership must make sure that the complaints are consolidated, given a fair hearing, and voted upon based on their merits.

The new leadership, especially the President, is now in a position to ensure not a tyranny of numbers but a proper hearing and resolution of the case which was denied us in the previous Congress. We hope they do not disappoint our people.

The Justice Committee has its work cut out for it with the simultaneous referral to it last August 11 of the two impeachment complaints against the Ombudsman. The next step is to consolidate the two complaints into one impeachment proceedings. Courts as a rule consolidate similar complaints. Congress as a matter of routine also consolidates bills on the same issue. This legal principle of consolidation is the reason why impeachment rules do not prohibit consolidation in anticipation of impeachment complaints simultaneously referred and initiated. #

TEDDY A. CASIÑO
Bayan Muna Party-list

NERI JAVIER COLMENARES
Bayan Muna Party-list

RAFAEL V. MARIANO
Anakpawis Party-list

LUZVIMINDA C. ILAGAN
Gabriela Women’s Party

EMY DE JESUS
Gabriela Women’s Party

RAYMOND V. PALATINO
Kabataan Party-list

ANTONIO L. TINIO
ACT Teachers Party-list

Kabataan Partylist Representative Raymond Palatino today said that legislating media blackout is unnecessary to address situations like last Monday’s hostage crisis at the Quirino Grandstand.

“As the people’s eyes and ears to events of national significance, journalists should be given the right to cover crisis situations. The media should collectively create a protocol on how they should handle crisis situation coverage,” he said.

“But such right and responsibility should be accompanied with ethics and professionalism on the part of journalists. Sa halip na i-blindfold mo ang media, mas nararapat na i-train sila kung papaano titingnan ang isang pangyayari kung saan hindi maisasakripisyo ang buhay ng mga hostage kapalit ng live coverage,” the youth solon said.

“The journalists and the police should communicate how to meet halfway regarding media coverage to lessen the collateral damage. Specific actions vary because not all situations are the same. It’s a case to case basis.”

Palatino also said that legislations could be used and maximized against the media by authorities during crisis situation coverage.

Moreover, Palatino said that such statutes are “impractical.”

“Apart from the broadcast media, hostage-takers may avail of cellphones, laptops, internet live streaming and other technologies to gather information. We must not assume that the hostage-taker is old-fashioned. Even without the television like in the case of Mendoza, the hostage-taker still has technology in his reach to know what is happening. ” said Palatino.

He added “Are social networking sites included in this blackout? Blow by blow accounts was posted in sites such as Twitter and Facebook by media networks and citizens to update and be updated regarding the hostage crisis.” ###

Kabataan Partylist Representative Raymond Palatino urged the House of Representatives to use internet live streaming technology to broadcast every committee hearings and plenary sessions through House Resolution No. 271.

Palatino filed HR 271 today stating that “one of the best ways to afford the People their right to information and to promote transparency and accountability among public officers is to allow the public to actually witness public proceedings undertaken by government agencies.”

Palatino said, “Using live streaming in the internet gives a good alternative to people who can’t be physically present during sessions and hearings. With this, we are able to reach and empower 30 million or one third of Filipinos who are using the internet today to their right to information.”

The young lawmaker said that the House may “broadcast all proceedings in Congress at very minimal cost” given that television and radio, be it government or commercial, have limited time to air all the proceedings and is costly. Apart from that, committee hearings also happen simultaneously.

He added, “granted such a wide reach, and given the very minimal cost and the ease of implementation of internet live streaming broadcast, the House of Representatives has few reasons not to take the opportunity to be of greater service to its public.”

“We should learn to maximize today’s fads into vessels of good governance and transparency,” said Palatino.

A similar resolution has been proposed last week in the Senate by Senator Francis Pangilinan.

“The House must also consider that apart from creating laws, we are accountable to the people. The people should see what happens inside the House and our initiative should pave the way for that,” he said. ###

Kabataan Partylist Representative Raymond Palatino today filed House Bill 2676 mandating that educational institutions are prohibited to use Styrofoam food service containers and other synthetic products harmful to the health and environment.

Palatino said, “Styrofoam is non-biodegradable and resists compacting, thereby taking up extra landfill space for long periods of time. The damage exacted by the continued use of Styrofoam is manifest in the perennial problem of waste management in the Philippines.”

Apart from the problem in waste management, the young lawmaker also cited the chemical hazards that Styrofoam or polystryrene contains that “if not properly disposed, continually releases chlorofluorocarbons or CFCs into the atmosphere.”

“CFCs are the same elements found in aerosol propellants and Freon refrigerants that have been contributing to the thinning of the ozone layer in the earth’s atmosphere,” he added.

First filed in the 14th Congress, the said bill “discourages the use of styrofoam in all educational institutions in accordance with Republic Act 9512, which mandates the Department of Education and the Commission on Higher Education to promote environmental awareness through environmental education. Students should not only learn, but practice environmental protection.”

Instead of using Styrofoam materials, the bill suggests the use of paper products as container or packaging of food products as an alternative.

The owners of food service establishments who are caught violating shall be sent a warning for their first offense. Succeeding offenses shall be imposed a penalty equivalent to ten percent of their monthly profits.

“Many consumer products today are packaged in the so-called “disposable” form. Major producers of food products use expanded polystyrene, popularly known as Styrofoam, as it helps them maximize profit and sales. The result is that they create and continuously tap a consumer market that equates convenience with simply throwing away the refuse of the commodities they consume,” Palatino said. ###