24 August 2017

Committee Hearing

 


AGENDA

1. Renaming the Don Honorio Ventura Technological State University as the Don Honorio Ventura State University
2. Establishment/Conversion of Schools
3. Career Guidance and Counselling Program
4. Conservation of Gabaldon School Building
5. Harmonize Legal Education
6. Philippine Participation in the Internation Exhibitions
of the Venice Biennale
7. National Music Competitions for young Artists
8. Local Universities and Colleges Governance Act
9. First Philippine Republic Working Holiday
10.Human Rights Education Act of 2017
11.Penalizing the Imposition of a "No Permit, No Exam" Policy
12.Iglesia ni Cristo Founding Anniversary as Special Non-Working Holiday


 
   

ComSec: Resource Speakers:

Mr. Tonisito Umali, Department of Education

Ms. Cynthia Hernandez, Commission on Higher Education

Dr. Ester Garcia, Commission on Higher Education

Ms. Daniel Nakpil, PHIBED (Philippine Business for Education)

Ms. Grace Cunanan, PASUC

Hon. Virgilio Almario, NCCA

Mr. Virgilio Fulgencio, DTI

Mr. Chris Millado, CCP

ESCUDERO: Ano yung PHIBED?

ComSec: Philippine Business for Education

ESCUDERO: San ka naman?

NAKPIL: Sa Makati po yung office namin.

ESCUDERO: No, san yung work bill?

NAKPIL: Actually I was sent to observe po and to comment po on any of the bills po.

ESCUDERO: Feel free. CHED, ma'am mabilis lang tayo, simple lang naman itong mga 'to. Let's start with the agenda House Bill No. 5780 sent by the House of the Representatives. I am not renaming and converting, may we hear from the chairman. Papalitan nila yung pangalan, 5780 and will change the mandate.

GARCIA [CHED]: A pleasant good morning to all and our chairman regarding the comment on the renaming of Don Honorio Ventura Technological State University in the municipality of Bacolor Province of Pampanga as Don Honoria Ventural Technological State University and expanding its curricular offering amending for the purpose RA 9832 entitled 'An Act Converting Don Honoria Ventura Technological of Arts and Trade in the Municipality Bacolor Province of Pampanga' into a state university to belong as Don Honoria Ventura Technological State University and appropriate funds therefore. The CHED standards on the renaming of the school actually CHED has no…

ESCUDERO: Objection…

GARCIA [CHED]: …objection except that they have some comment also particularly on the president's position. We would like to add some of the comments that we prepared regarding the first on the curricular offering. There is no mention that Don Honorio will offer technical vocational courses. Currently, Don Honorio is offering technical vocational courses and ladderized programs in Bachelor of Science in Industrial Technology, BS Information Technology and Bachelor of Technical Future Education. If Don Honorio does not have the mandate to offer technical vocational courses; Don Honorio cannot offer the said academic degree courses as ladderized program, that's one comment. And in Section 3 curricular offerings of the proposed bill; the last two sentences of RA9832 where excluded provided that no degree program shall be offered without approval the Commission on Higher Education before the same shall be approved by its Board. The university may operate a reasonably sized laboratory school but if it has a college of education. To ensure the students of Don Honorio are provided with high quality degree programs offerings; we also would like to suggest the inclusion in the following sentence: The university shall ensure that the degree program offerings follow quality standards by complying with the minimum requirements for each degree program as stated in the policies and standards and guidelines of the Commission on Higher Education.

ESCUDERO: I agree but with respect to your first comment ma'am yung inclusion ng technical vocational, do you have wordings ratified already amending section 2? Do you?

GARCIA [CHED]: We can submit.

ESCUDERO: Ma'am drafted na and 'yan give it to me later. Can someone draft it and give it to me later?

GARCIA [CHED]: Yes Sir.

ESCUDERO: Any suggestions?

GARCIA [CHED]: On the university president on the proposed bill…

ESCUDERO: San nakalagay ma'am?

GARCIA [CHED]: In section 5…

ESCUDERO: Ma'am hindi ang section 5 ko dito is effectivity na.

GARCIA [CHED]: Ah okay. I think there was a comment here about the first president at the moment the school will have to change its name. We have a suggestion for this.

ESCUDERO: Wait ma'am, there's no provision with respect to the president with respect to this bill.

GARCIA [CHED]: Okay. Yes sir.

ESCUDERO: Probably a different bill. Different?

GARCIA [CHED]: Yes Sir.

ESCUDERO: Not this one? So all of those suggestions?

GARCIA [CHED]: Yes Sir.

ESCUDERO: Chair agrees to the points raised by the Commission Higher Education, committee secretary by order to incorporate the proposed amendments of the CHED to as bill number 5780 subject to style plus the one with respect to the inclusion of technical and vocational courses so as not to hamper or affect the existing enrollees who may be graduating in the next couple of years from this particular school. So ordered. And after incorporating the same, chair hereby instructs the committee secretary to prepare the corresponding committee report as the same as approved as amended. So ordered.

Item number 2, House Bill No. 6030. Dr. Garcia ma'am. Cebu…Cebu City Mountain Extension.

GARCIA [CHED]: Mr. Chair we would like, we will be submitting our official stand or position regarding the integration of the Cebu City Mountain extension campus as a satellite campus of the Cebu Technological University. We still need to review the purpose behind the integration and also the feasibility of integrating the Cebu City Mountain extension campus to Cebu Technological University.

ESCUDERO: Ma'am hindi kayo naimbitahan sa House?

GARCIA [CHED]: Hindi po.

ESCUDERO: Hindi! Bakit? I presume I heard this they invited the CHED and took your comments.

GARCIA [CHED]: I'm sorry Sir, I am not part of the invitation.

ESCUDERO: You were never called to the House when this bill holds? Wala? How about the previous bill, the one we just took up?

GARCIA [CHED]: Yes, we have we were invited your honor.

ESCUDERO: Di nila nilagay yung gusto niyo?

GARCIA [CHED]: Ito pong Cebu City mountain extension…

ESCUDERO: Hindi, yung kanina yung Honorio.

GARCIA [CHED]: Na-invite po.

ESCUDERO: And they did not listen to what you suggested?

GARCIA [CHED]: No we just—we'd like to add about the curriculum.

ESCUDERO: You were not able to bring that up to them, when they took it up?

GARCIA [CHED]: We submitted it to the legal office of CHED so that they can also incorporate that suggestion.

ESCUDERO: But they did not. The House did not. So this one you never invited for this one? You were never invited for this, ma'am?

GARCIA [CHED]: I am not aware that there was invitation given to us about the Cebu City Mountain Extension campus to be integrated for Cebu Technological University.

ESCUDERO: When can you submit the position paper ma'am?

GARCIA [CHED]: Immediately sir, immediately when we go back to office. Hindi agad-agad even for this one and submit it soon as we can.

ESCUDERO: What would be the basis for objection? Kung kaya ng budget?

GARCIA [CHED]: We are taking considerations that we have also to review and to study. For example, viability or feasibility of integrating this and of course we would like to be assured that the welfare of the students and the school the sustainability of the school will be insured. So it's a careful…

ESCUDERO: Pa'no niyo nagagawa agad-agad?

GARCIA [CHED]: That's why sir, as soon as we can we finish the work. Yes sir.

ESCUDERO: Given the absence of an input from CHED when House Bill No. 6030 was read in the House. Chair deems it proper for CHED to have enough time to comment and study the measure and to submit their comments and position paper on the same. Ma'am I hear this again in September, in two weeks time.

GARCIA [CHED]: Yes your honor.

ESCUDERO: Thank you very much. In the meantime, House Bill No. 6030 is hereby deferred. Third Ma'am, House Bill No. 6031 mandating the integration of Maasin City College into Southern Leyte State University.

GARCIA [CHED]: Yes sir, I remember there was a presentation from the president of Southern Leyte State University in the person of Dr. and President Yepes. She even presented the feasibility study conducted by the group regarding this one and she even the body that there was already approved by the Board regarding the integration of the Maasin City College into a Southern Leyte State University (SLSU). Our only reservation…our only recommendation is that to include in the discussion the local government regarding the integration of Maasin City College because that one there was no representative so we would like to be assured particularly because the integration would also need the transfer of some properties of Maasin City College to Southern Leyte State University. But regarding the approval of the board, we were assured by the president of SLSU that there was a series of study conducted and this was recently approved by their board. Our only request was the involvement of the local government because of the possibility of the transfer of property from a local government to state.

ESCUDERO: Ma'am I guess that's the local of the Maasin City, local government unit. If they did not participate or if they have any objections, they should have made known that already in the House of Representatives because as I understand the hearing was conducted, this should've been conducted in the locality. So whether because of their negligence or acquiescence by their silence I would assume regularity in so far as the consent of Maasin City is concerned. Aside from that do you have any other concerns? Do you need to specify that, na malilipat yung assets ng Maasin City College dito?

GARCIA [CHED]: Yes, Sir, that's very important because it's owned by the local government and now it will become state university.

ESCUDERO: Subject to stall, Secretary is directed to include a section in consultation with our counterparts in the House to include the section with respect to the transfer of assets, land, and other moveable properties owned by the Maasin City College to Southern Leyte State University. Subject to stall, kindly include that, in the meantime chair hereby approves House Bill No. 6031. Subject to the amendment discussed earlier. So ordered.

Moving on Ma'am, House Bill No. 6065, Naval State University. Eto yung presidenteng sinasabi mo.

GARCIA [CHED]: Sir, again, I would like to say that we're not part of that meeting but I was the previous director of Region 8. So, I am familiar with the situation here, the same with that of Maasin City College. The Naval State University in the municipality of Naval Province of Biliran as the Biliran province state that the renaming of the school. We have no objection on this because it's the name provided. We just have some reservations regarding the removing, the prohibition on the appointment of the university president and the private sector representative.

ESCUDERO: Which section are you referring to?

GARCIA [CHED]: Sorry, Sir, but we don't have the copy this so we haven't read it completely.

ESCUDERO: Chair hereby ordered Secretary to furnish CHED with a copy of 6065, in the meantime hearing on the matter is hereby deferred. Kindly submit also your position paper input within two weeks.

GARCIA [CHED]: Yes, Sir.

ESCUDERO: Should there be no objection on the part of CHED subject to proposed amendments that they will be submitting, Chair hereby orders the provisional approval of 6065 as well as 6030 unless there are objections or reservations that cannot be addressed to an amendment emanating from the CHED. So ordered. May CHED pa ba o wala na? Puro highschool na yata ito.

GARCIA [CHED]: Sir, the guidelines for the LUCs, Local Universities and Colleges.

ESCUDERO: A, meron pa ba?

GARCIA [CHED]: Meron pa po.

ESCUDERO: Ma'am, may similar bill narin na na-hearing na naming, iko-consolidate ko lang 'to. I'll deal with it administratively.

GARCIA [CHED]: Yung no permit, no exempt Sir? The policy on no permit.

ESCUDERO: Ma'am, wala narin 'yon. Iko-consolidate ko 'yun sa magna carta, that's part of it. We heard that already unless nga Ma'am gusto niyong… okay lang sa akin 'yun. Highschools, ASec, let's start. House Bill No. 5235. Wag kang magkamaling mag-object niyan dito. You've heard it, you're familiar with it, no objections subject to appropriating funds the GAA.

UMALI [DEPED]: Yes. And if we could make an omnibus manifestation, your honor please that with respect to House Bills 5235, 5756, 5803, 2508, 2506, 2507. Which all seek to establishments of schools, your honor please, that the DepEd for the record has given the option to convert an existing highschool, for example we are talking about a national science highschool in the City of Laoag, if there is an existing school there that we think is very good, they have very good students and we could just convert this into a science highschool and not necessarily start from scratch in terms of procuring a new site. Your honor please with that being put part on the record that the intent of this law is to really establish literally a new school, we should be okay.

ESCUDERO: Question, what's the difference between a national highschool and a national science highschool?

UMALI [DEPED]: The difference should be the curriculum for a national science highschool should be specialized in terms of more emphasis given in science and math your honor.

ESCUDERO: So, they will have a different curriculum compared to other national highschools or highschools?

UMALI [DEPED]: Yes, your honor, and there maybe additional requirements in terms of admission of students. Some gauge should be maintained from them to stay in those schools unlike…

ESCUDERO: Like PhiSci?

UMALI [DEPED]: Ang kaibahan lang po sa PhiSci, your honor, is aside from it being under the supervision and jurisdiction of DOST mas mabigat po talaga yung curriculum nila. Mas malalim po talaga.

ESCUDERO: Paano yung existing students? If you will be utilizing existing highschool, paano yung existing students na hindi naman lahat katalinuhan, paano yun?

UMALI [DEPED]: Ang mangyayari po ngayon dito kasi po kung ang intensiyon po talaga nito ay lahat po ng mga mag-aaral doon po sa national science highschool ay talagang mahuhusay sa science and math…

ESCUDERO: Bago na talaga ang itatayo niyo?

UMALI [DEPED]: Maaring bago po, your honor please, kasi meron po tayong mga national highschools which are offering special science and math curriculum and we don't call them national science highschool. So, kung may limang section po ito, may isa o dalawa na cream of the crop, ibig sabihin nakakasa na po doon yung curriculum. At ang pwede po nating gawin ay dahan-dahan na citing this school year ngayon yung first year o yung grade seven nitong paaralan na ito, I'm not talking about Laoag City because we may or we may not have something like that in Laoag City so we have to start from scratch your honor. Ang kukunin ay hindi na ho para sa dalawang section lang ang mahuhusay na mag-aaral na kukunin natin kundi lahat na.

ESCUDERO: So, it will be the reverse?

UMALI [DEPED]: Opo.

ESCUDERO: Can it be you will identify the school as national science highschool an existing school and then you will offer two sections na yun yung cream of the crop, yung iba okay na muna pa-graduatin niyo muna diba?

UMALI [DEPED]: Opo.

ESCUDERO: Tapos yung papasok na first year, dun mo na lang striktuhan, at dun na lang yung curriculum na mas maganda.

UMALI [DEPED]: Pwede rin po. So, with that being read into the records of the case giving the DepEd some flexibility, we will be thankful your honor.

ESCUDERO: I'll add to record, subject to consultations with the congressman and the local government unit concerned.

UMALI [DEPED]: Yes, your honor please.

ESCUDERO: Para malaman lang nila. Agreed. No amendments whatsoever?

UMALI [DEPED]: None your honor.

ESCUDERO: Okay, Chair would like to make an omnibus order in so far as House Bill No. 5780, 5235, 5756, 5803, 2508, 2506, and 2507. The same are hereby approved without any amendments subject to the discussion earlier between the Chair and ASec. Umali of the Department of Education. So ordered. Secretary is directed to provide a necessary committee report covering these measures and as requested by Senator Drilon, can you include the original house bill in the committee report as an annex? So that he can see the explanatory. Whenever I insert, for the record, an explanatory note as the sponsorship speech of the measure. Next, 5754 hindi mo sinama sa omnibus mo. May omnibus ka ba sa lahat ng separating?

UMALI [DEPED]: We should be okay your honor because we double check. Can we request again the House, your honor please, like a certification that they have the… they should have this dahil lahat naman po tayo is kind of familiar with this. They complied with the basic requirement po na may deed of donation, na yung lupa na sinasabi po natin na iyong dating annex ay gagawin na ho nating regular school, resolution from the LGU. Contract of the use of rack, if that's applicable.

ESCUDERO: So, going ito sa baba?

UMALI [DEPED]: Dapat po, unless we are doing it na po. Your honor, can we make that as a-

ESCUDERO: Did you submit it ComSec?

UMALI [DEPED]: Wala silang isinubmit sa amin.

UMALI [DEPED]: Maski iyong certification na lang, your honor, please.

ESCUDERO: Certification nino?

UMALI [DEPED]: …ng Committee House Secretariat that they have all this paper work with them.

ESCUDERO: You wouldn't know?

UMALI [DEPED]: Well, I should know your honor that they did but baka biglang kasi ang dami po nito your honor. I need to go over it. At saka may sinabi po si Sir na naidagdag. Iyong unang ibinigay po sa amin.

ESCUDERO: Teka, so lahat na nang separating?

UMALI [DEPED]: Yes po, your honor.

ESCUDERO: Lahat na ng separating?

UMALI [DEPED]: Opo. Maybe this representation is trying to say is that we have a list of bills. Iyon po na-confirm na okay po iyon. But this morning, may naidagdag. So, hindi pa po namin--

ESCUDERO: Alin lang iyong naidagdag?

UMALI [DEPED]: if we may ask the committee secretariat please, doon sa?

ESCUDERO: Which ones? Give me the House Bill number? Do you have your own list kung ano? Sure kayo? Asec ano ang dagdag?

UMALI [DEPED]: Your Honor, 5754, 5755.

ESCUDERO: Iyan ang mayroon kayo na sure kayo na mayroon kayo ha?

UMALI [DEPED]: Opo. 5757, 5758. That should be it, your honor.

ESCUDERO: That should be it. Okay. Chair would like to make an omnibus order. Insofar as the following House Bill is concerned. House Bill No. 5754, 5755, 5757, and 5758 are concerned the same are hereby approved and the committee secretary is directed to prepare the necessary committee reports. Now, in so far as the following House Bills are concerned, House Bill No. 6099, 6100, 6101, 5550 and 6103. The same are hereby approved condition of upon the submission to the committee of the avail certification from the committee secretary of our House counterparts. That the same have complied with the requirements the DepEd among others that the land is titled in the name of DepEd as corresponding deed of the nation in support covering where the school should be established among others. So ordered. 6081, Usec? Changing the name?

UMALI [DEPED]: No objection, your honor.

ESCUDERO: There'll be no objection from DepEd? The House Bill No 6081 is hereby approved by the secretary is hereby directed to prepare with the corresponding committee report. House Bill no 3438, elementary school in Valenzuela City. Ipapangalan nila kay Tony Serapio?

UMALI [DEPED]: This is not part, your honor of the original list of bills to be considered. So, if could make that same manifestation, your honor is subject to--

ESCUDERO: --condition upon.

UMALI [DEPED]: Yes, your honor.

ESCUDERO: Okay, insofar as House Bill No 3483 is concerned hereby approve in condition upon the condition of the commission by the committee secretary and our counterparts in the House certification that they have complied with all the requirements for the establishment of the school and the documents are in hand insofar as compliance is concerned. So ordered. 5576 is this with you, Usec? Guidance counseling wala pa ba iyan?

UMALI [DEPED]: It's with us, your honor.

ESCUDERO: 5576 An act establishing a career guidance and program. Wala bang ganyan?

UMALI [DEPED]: Wala pa pong ganito. Ang mayroon po tayo, Mr Chair ay two provisions under the K to 12 law which mandates DepEd to a --

ESCUDERO: …of course may tracking kayo di'ba?

UMALI [DEPED]: A career guidance advocacy program guiding our students among others, which track that may take and embarking on career guidance advocacy activities, Mr. Chair and--

ESCUDERO: is that a motif or a program?

UMALI [DEPED]: it's a program, Mr. Chair. So--

ESCUDERO: It's a program.

UMALI [DEPED]: Mayroon na po, pero Mr. Chair we don't want to propose any objections to this particular bill. Can we be given, Mr. Chair because ang gusto lamang namin ipakita kung ano ang implikasyon nito in terms of--

ESCUDERO: --i-aa-archive ko ito.

UMALI [DEPED]: Huwag po, Mr. Chair. Si Congressman Nograles po ata ang committee chair.

ESCUDERO: E, ano naman ngayon?

UMALI [DEPED]: Just give us Mr. Chair, we just like to make sure that yung staff na complement na hinaganap po nila ay doable, Mr. Chair.

ESCUDERO: E, siya nga afro hindi niya ikinunsider iyon e.

UMALI [DEPED]: You know, if we can be given a chance to look again in that section--

ESCUDERO: No, go over it again. Submit it to us.

UMALI [DEPED]: Yes, your honor, please.

ESCUDERO: House Bill no 5576 is hereby deferred until such time the DepEd shall submit it. Its comments are the same and formerly proposed an amendment that may deem necessary. Although, for the records as well there is an existing program of the DepEd for career and guidance counseling under the K to 12 program which therefore this means that can be done via administrative fiat by the DepEd. Can you include in your submission a justification why I should enact this and legislate this when you can actually do it by administrative fiat regardless of who the author is. So ordered.

UMALI [DEPED]: Yes, your honor.

ESCUDERO: House Bill No 5577, 1481, 1506 are hereby ordered consolidated on Gabaldon buildings. Wala pa ba tayong batas dito. Wala pa bang batas ang Gabaldon?

UMALI [DEPED]: Ang pagkakaunawa ko po, Mr. Chair ay naglalayong pagconserve at pagrehabilitate.

ESCUDERO: Kami, we are not touching it anymore for the longest time, for the past 15 years.

UMALI [DEPED]: Opo. Ang pagkakaunawa ko po ay wala pong batas but we are conserving our Gabaldon building. But, I just like to share some facts and yung challenges po with respect to conservation of Gabaldon buildings kasi ito po ay may penal provision e na kapag hindi po ginawa ay puwede pong makulong. Ang atin pong kasalukuyang bilang po ng Gabaldon buildings sa buong bansa ay humigit kumulang po isang libo, Mr. Chair. Ang cost of restoration, rehabilitation etc. on the average more or less 10 million per Gabaldon building, Mr. Chair. Samakatwid, sumatotal po ay kakailanganin po natin ng sampung bilyong piso para po marehabilitate, ma-restore yung pong lahat ng isang libong Gabaldon buildings. Ang present allocation po natin, Mr. Chair taun-taon ay nasa humihit kumulang 300 million po lamang at ang ibig sabihin po nito ay ito ay sapat po lamang para ma restore o marehabilitate ang mahigit kumulang na tatlumpung Gabaldon building po. At kung bibilangin po natin ngayon ay baka umabot po ng mahigit 30 taon para po ma restore at ma rehabilitate yung lahat po ng isanlibong Gabaldon building na nabanggit po namin.

ESCUDERO: Kawawa naman, sampung taon ang kulong.

UMALI [DEPED]: Iyon nga po ang nais ko pong sabihin, Mr. Chair kaya ang kinakailangan po ngayon nito, Mr. Chair ay kailangan taasan po iyong pondo at an gaming proposal po for the rehabilitation, restoration of our Gabaldon building ay taaasan po iyong pondo from the present 300 million more or less to 2.3 billion per year para po sa loob ng limang taon, apat o limang taon ito pong lahat ng ito--

ESCUDERO: Pwede bang malicious mischief na lang in its maximum?

UMALI [DEPED]: Mr. Chair, kung wala naman pong pondo na pangrestore--

ESCUDERO: Tatanggalin na nga e, penalty na lang e.

UMALI [DEPED]: Okay. E, di wala na, Mr. Chair may malicious mischief pa Mr Chair.

ESCUDERO: Mababaw na lang nun.

UMALI [DEPED]: Mr. Chair, baka iyon naman po talaga ang mangyayari kasi nga po iyong atin pong pondo ay para lamang sa 30 Gabaldon buildings at may isang libo po tayong Gabaldon buildings na at kailangan po talagang i-restore at i-rehabilitate po silang lahat. And some cost should also be given to maintain them. So, iyon po ang aming nakikita. Other than that, Mr. Chair without the penal provision and the corresponding appropriations being given we should be okay with this bill.

ESCUDERO: Let's remove the penal provision then. Ang problema ko rin sa Gabaldon, actually we've been doing that for the past 10 years in Sorsogon. Ang problema ko lang ang lahat ng tulo sa bagong building doon nanggagaling kasi dugtong e. Yung dugtungan ba kasi dugtungan e yung dugtungan ba pinereserve mo e. Kahit anong repair mo sa building mo kung ipepreserve mo yung façade nug Gabaldon may dugtungan at dugtungan talaga yun. Anyway…

UMALI [DEPED]: Anyway may mga, sinasabi ko lamang po Mr. Chair pero hindi naman po ito ang sinusulong ng kagawaran na sinasabi na baka pwedeng ibaba yung dami ng Gabaldon from 1,000 to 300. So ang ibig sabihin po nito ay yung 700 ay will be totally replaced. Kaya lamang may batas po na nagsasabi Mr. Chair na itong mga building na ito are considered heritage buildings at kailangan pong…

ESCUDERO: Mr. Almario so wala nalang penalty? O gusto niyo ng penalty?

ALMARIO [NCCA]: Kung talagang gusto ng gobyerno ay tulong-tulong pati local government.

ESCUDERO: Kasi ang makukulong dito hindi naman yung congressman na hindi naglagay ng pondo e. Ang makukulong dito ay yung teacher, di ba? So let it be on enunciated policy, let there be a law that says it should be conserved. I think that's enough without proving penalties for it. In fact Sen. Cynthia has a bill that if you vandalize o steal any school property the penalty shall be imposed on its maximum. Okay naman na siguro yun, tama na yun.

UMALI [DEPED]: Mr. Chair, I'm looking at the penal provision. Ang kanya po palang pinepenalize ay yung unauthorized modification, alteration or destruction. Baka ito po basta nagkakaunawaan lang I am going to each bill right now baka may makalusot dito lalo na yung hindi pag comply

ESCUDERO: …sa pagbudget lang ba yung inaalala mo?

UMALI [DEPED]: …sa pagbudget yun po ang ipepenalize. Pero yung kung sila po ay, ang ipepenalize po lamang ay yung mga…

ESCUDERO: Pati yung school head ipepenalize pag hindi sila nagreport non-existence of any structural damage.

UMALI [DEPED]: Yung mga ganyan Mr. Chair.

ESCUDERO: But how will the principal know if there is a structural damage to the Gabaldon? Hindi naman siya engineer.

ALMARIO [NCCA]: Baka pwede involve natin yung heritage section namin diyan. Huwag muna natin pag-usapan…

ESCUDERO: …No, kasama kayo sa pag identify at conservation mismo. Pero yung reporting pinepenalize nila yung teacher na walang sweldo ng anim na buwan pag hindi nagreport kung may damage.

ALMARIO [NCCA]: …hindi ganun…

ESCUDERO: Ayaw na natin ulitin…

UMALI [DEPED]: The omnibus manifestation therefore Mr. Chair is provided that the penalty shall be confined to those persons who shall cause the authorized modification etc. destruction, demolition of Gabaldon buildings, we should be okay with that penal.

ESCUDERO: Tatanggalin yung second paragraph therefore?

UMALI [DEPED]: Opo.

ALMARIO [NCCA]: Sir it actually covered our heritage. If Gabaldon buildings are considered or as presumed heritage merong kwan ito...

ESCUDERO: May penal clause na ba kayo duon?

ALMARIO [NCCA]: Oo may penal clause nandun.

ESCUDERO: If they're considered as what? How do you phrase it sir? If Gabaldon's school buildings are…

UMALI [DEPED]: You know Mr. Chair, meron nga pong yan doon. Kasi ang batas na tinutukoy ho ni Ginoong Almario ay ang pagdedeklara ng heritage building at ito po'y pag ginawa ang mga bagay na ito maari po silang makulong, hindi lamang po natin alam kung pareho po.

ESCUDERO: Then why can't I declare all of Gabaldon buildings as a… what do you call it? Again what's the phrase?

ALMARIO [NCCA]: I can't remember the exact phrase. Something like a heritage building, heritage structure Mr. Chair.

UMALI [DEPED]: Yes, mas maganda yun Mr. chair.

ESCUDERO: Palitan natin ito, lets consolidate all the bills and let's change to include that in the coverage. Now if that is the heritage building already, there's a penal clause for any alteration, etc. without your consent right? So pwede ko nang tanggalin yung penal clause dito by simply declaring Gabaldon buildings as such.

Subject to discussions, House and Senate bills earlier mentioned on Gabaldon buildings are hereby amended to reflect the changes discussed by the chair among others to simply recognize considered, include Gabaldon school buildings as part of heritage buildings in accordance with the Republic Act No.—the Heritage Law and to remove the whole of Section 5 on penalties because its only covered by the Heritage Act found in Page 3 Lines 13 to 29 to read the same, so ordered. This hereby approved as well after consolidation. And the inclusion of amendment subject to stall. An act to harmonized education, meron pa ba dito Usec o wala na?

UMALI [DEPED]: Kasama po siya Mr. Chair.

ESCUDERO: Hintayin muna... nasan na yung kay Leila? Yun 1498…

Insofar Senate Bill no. 1498 is concerned, committee secretary is directed to communicate with the PHILJA (Philippine Judicial Academy) and with the Supreme Court. Further comments, suggestion in the meantime the same is hereby deferred and reset to another date. Institutionalized Philippine participation in the international exhibitions of the Venice Biennale, ano ito?

ALMARIO [NCCA]: Mr. Chair, tatlong taon na natin ginagawa yan and we believe in the National Commission for Culture and Arts is a very good initiative of Sen. Legarda and it should be maintained and institutionalized.

ESCUDERO: Subject to stall and perfecting amendment Senate Bill 1504 is hereby approved. Wala naman appropriation clause ano? Yung GAA same here is approved. Committee secretary is directed to provide committee report as the same. 1539 an Act designating the National Music Competitions for Young Artists as a national youth development program for music… Yes, Dr. Lucas? Ano ito? Anong kasaysayan at kabuluhan ito?

LUCAS: 44 na po naming ginagawa ito.

ESCUDERO: 44 na taon?

LUCAS: 44 na taon na naming ginagawa ito. Simula 1974 something. We hold competitions nationwide on three form levels—first level and then go around the Philippines; second level for semi-finals and then the finals in CCP para siyang festival. We cover practically all the media in and we seek performing arts including the indigenous and traditional music.

ESCUDERO: Parang Philippines Got Talent?

LUCAS: Hindi po. Search and discovery, nurturing sa mga both classical music, Philippine music, teacher training programs, mentoring the mentors.

ESCUDERO: Sir, are you private?

LUCAS: We are a foundation. We are used to be part of CCP. Our relationship with the Cultural Center of the Philippines as a resident company, resident company meaning CCP recognized.

ESCUDERO: Used to be?

LUCAS: Used to be. After 1986 yung funding namin…before 1986 nanggagaling sa mga parts ng mga departments of the government but CCP used to managed the funds. After sometime after 1986, 1988 ang naging relationship nalang namin CCP as a resident company. Meaning CCP still house us, gives us venue and then after that we apply for a grant yearly from the National Commission Culture and the Arts which is very very kind to us. And then we coordinate with DepEd as regards the information dissemination kasi yung net worth ng DepEd so that we can go around the Philippines. We coordinate teachers, special program for the arts.

ESCUDERO: There's a problem with it? You're still a private foundation.

LUCAS: Yes.

ESCUDERO: And for us to enact a law designating you. Designating you, not even recognizing you kumbaga ikaw na.

LUCAS: Para kaming Palarong Pambansa sa music.

ESCUDERO: Ang problema ko sa Palarong Pambansa wala kaming recognizing na talagang, that's under the budget of the DepEd.

LUCAS: Yes.

ESCUDERO: And LGUs, actually.

LUCAS: So ang naging ano…

ESCUDERO: Sinong katulad ninyo?

LUCAS: Wala.

ESCUDERO: Iyon nga eh meaning…

LUCAS: So ano ang nadaan sa hearing naming sa House, sa Education, idadaan kami through the NCCA. Through NCCA ang recommendation ng…

ESCUDERO: That's exactly the point. And the appropriation clause it's going to be.. I-ga-GA kayo…if you read the provision of the bill GA-A kayo ah.

LUCAS: Direct appropriations.

ESCUDERO: Ibig sabihin the GAA (voices overlapping)…violation of Section 3, you have anti-graft law giving undue advantage because you are still a private foundation like any foundation which might come after you or before you may have come before you.

LUCAS: So one of the proposals is that since meron nang working ano ngayon with NCCA. When NCCA gives grant to, when we proposed is that, NEFCA is…

ESCUDERO: Sir sino pang ibang? Hindi iyong katulad ninyo.

ALMARIO [NCCA]: Parang katulad ito ng bayanihan…

ESCUDERO: But the Bayanihan Dance Troupe also it doesn't have any item in the budget.

LUCAS: There is sir.

ESCUDERO: For the Bayanihan Dance Troupe no… It is under an office somewhere of an agency.

RP: Yes your honor the Bayanihan Dance Troupe is medyo kapareho iyong kanilang sitwasyon although they have foundation. Iyung kanilang funding goes through the Cultural Center of the Philippines.

ESCUDERO: Exactly.

RP: So…

ESCUDERO: Bayanihan is not identified specifically. It is in your proposed budget.

RP: That is right.

ESCUDERO: But it is not in the GAA. The word bayanihan is not in the GAA, is it?

RP: Ah no.

ESCUDERO: Iyon iyon.

RP: It is through the Cultural Center of the Philippines. Parang…

ESCUDERO: You asked us for a budget, and we asked you where you will spend it, how will you spend it. And you saw your allocations, di ba ganoon?

RP: Yeah, it is channeled through the budget of the Cultural Center of the Philippines.

ESCUDERO: Is there a law designating the bayanihan?

RP: As the national company, yes sir.

ESCUDERO: As the national company?

RP: Yeah. National Folkloric Dance Company. In fact it is known as the Philippine National Folkloric Dance Company.

ESCUDERO: But what about this one. It is competitions?

RP: Yes, special qualities siguro ito ng National Music Competition is, it started with the CCP. In fact it was founded by Lucresia Kasilag. And then by 1986, in the move to manage all the different resident companies dahil sa challenge nga because of the very limited budget of the CCP; there was thought na to free these resident companies so that merong participation yung private sector. So in, mula 1989 ang nangyari ay ang support ng CCP ay through ng mostly non-cash. We give them a subsidy, a very limited subsidy of P150,000 a year, pero most of the support comes through non-cash. Through offices and so on and so forth but we fully support this move because NAMCYA [r National Music Competitions for Young Artists Foundation] remains to be the only program of its kind. And many of our artists have moved on to become the major players sa performing arts. And in fact the only program of its kind in the whole of Asia. Sinusundan yung kanilang… So while they are very much recognized, they are very much underfunded.

ESCUDERO: Who is running it?

RP: Right now it is a Renato Lucas.

LUCAS: I am running it sir.

ESCUDERO: No the National Music Competition for young artists, is a program. It is not the foundation?

LUCAS: It is a foundation also.

ESCUDERO: Carrying the same name?

LUCAS: Yes. Yes your honor.

ESCUDERO: No but if you read it, designating the National Music Competitions for Young Artists as the National Youth Development Program. It is not a foundation. This is not the full name of the foundation, I am sure. Eh di dapat may foundation dapat ito. No I am clarifying. Who are we designating, and recognizing? The program or the foundation?

RP: The program.

LUCAS: Yeah, the program.

ESCUDERO: And then when we recognize it, actually I am adverse using the word designating. If we recognize it therefore what will be the effect? If there is a law recognizing it, what will now be the effect? Will that give more basis to ask for a funding?

LUCAS: Yes.

ESCUDERO: Because I cannot appropriate funds directly to you too.

LUCAS: Yes that is understandably, understandably your honor. Well right now we exist on the strength of an executive order. So if we are…

ESCUDERO: May EO?

LUCAS: Yes we have an EO. So if we have a… if this, we are recognized or designated then the continuity of the program. What I mean the continuity, the support of the Cultural Center of the Philippines the grants that we get from the NCCA. The support of the basically the support of DepEd and then also the CHED and the local government will be institutionalized.

ESCUDERO: I agree. Kung yung (Inaudible) ni Chairman Almario nirerecognize natin e, yung local pa hindi naman atin yun. The Chair, by orders the following amendments to be incorporated in Senate Bill No. 1539 to change the title to, an Act Recognizing and Institutionalizing the National Music Competitions for Young Artists as the National Youth Development for Music and for other purposes. In Section 9 thereof, it should read subject to stall and necessary to carry out the purposes of this act shall be included in the annual General Appropriations Act. Under ano? NCCA o CCP? Hindi pa nga pasado nagtuturuan na kayo lalo na kung pasado na ito. Hindi kaninong meaning kaninong office naka-attach. In the budget, annual general appropriations act of the NCCA. To carry out the purposes of this act, the recognition and institutionalization. Again, we are institutionalizing and recognizing the program whoever may run it; it's a different foundation or a different portion. But it is the program that we are recognizing. It so happens that you are the one running it right now and then ikaw yun. Pero kung dumating iyong panahon na hindi na ikaw o may ibang foundation "na magtake over". Instead of the program that we are recognizing and institutionalizing.

UMALI [DEPED]: Mr. Chair.

ESCUDERO: Yeah Asec?

UMALI [DEPED]: You know, we also support NAMCYA by issuing memorandum to support all their activities but I would just like to… I just want to make this manifestation. If you look at Section 4, the problem with this bill, you know. I have heard then talked about NAMCYA, and the problem is it interchangeably treat NAMCYA as a program later on as like a body or an institution which can perform an act, for example here in Section 4, during the first portion talks about the program and then later on… Sa page two Mr. Chair. That talks about Mr. Chair, NAMCYA obviously a body which can discharge some rules and functions.

ESCUDERO: Go ahead…

UMALI [DEPED]: Maybe that is what I am trying to say Mr. Chair, because I get what the Chair is trying to say. Like what we are trying to institutionalize here is the program and it does not necessarily mean that we are designating a particular institution or body or organization to implement the program. But if you look at section 4 Mr. Chair, they are now referring to NAMCYA as like a body which is mandated by this bill which may become a law to discharge some specific rules and functions.

ESCUDERO: Akin na yung page number… I agree with Asec. Umali as well. Sir, Dr. Lucas let us work on, I'll assign TWG this let's come to understanding. Again what I want to recognize is the program. That should be clear. Now whoever is leading that program under NCCA if you have proprietary rights over it, separate na ninyo iyon. That is, nasa inyo na iyon. I agree with you too may nakalagay dito na, sorry wala akong page three e. Meron ka na ba? Okay may sinasabi dito na may exemption pa from tax wala ako noon e may exemption ka from tax e. Actually wala rin ako nung entitlements e. Hindi ko nga nakita iyun. Well. This is already recognizing, you know, I'm sorry sir. The closest one I know with the charter, before giving it to an organization would be the Girl Scout of the Philippines and the Boy Scout of the Philippines. I'm not aware in my 20 years but I may be mistaken that we have given this to any foundation other than those two, Girl Scouts at Boy Scouts, so let's distinguish between NAMCYA as the foundation and NAMCYA as the program. I have no objections or reservations about recognizing the program. But it seems, with the missing page that I saw now, its NAMCYA the foundation itself that the bill seeks to give recognition to. Kasi may tax exemption e. Sorry hindi ko nakita ito e, wala sa akin ito e. Pa-check mo naman sa secretary nang hindi ko lang palagi iyung nasa akin. Work on this. Send the rep., Chairman Almario; send the rep. Dr. Lucas, send the rep.

UMALI [DEPED]: Your honor, in the last education…in the Congress, this was mentioned, as long as it's agreeable with the existing laws on taxes.

ESCUDERO: No. That was already a foundation and registered with SEC. Usually you should already be exempted from tax. Meaning, hindi na kailangang i-legislate iyun eh.

UMALI [DEPED]: Okay.

ESCUDERO: May foundation ka na, and you apply for those exemption sa B.I.R. na kapag nag-donate sa iyo it's consider tax donation, and that's with the BIR.

UMALI [DEPED]: Yes.

ESCUDERO: It can be legislated too, actually. But again, there's a dichotomy between the foundation and the program.

UMALI [DEPED]: Yes. Yes.

ESCUDERO: I don't know how that will be clarified now. Committee secretary is directed to set a one-time big-time technical working group, not that complicated anyway to our agreement with respect to amend and revise this bill. Again, with understanding that they have addressed the principal issue of dichotomy between the program and the foundation itself. So ordered. Thank you Usec. Umali.

UMALI [DEPED]: Thank you your honor.

ESCUDERO: Puro na ito administrative hindi ba? Senate Bill No. 1497 is hereby ordered consolidated with Senate Bill No. 435 and 1080, Senate Bill No. 1488 ordered consolidated with Senate Bill No. 325. Senate Bill No. 1480 hereby ordered to be consolidated, and 1525, ordered to be consolidated or taken into consideration with Committee Report No. 82. Senate Bill No. 1536 consolidated with Senate Bill No. 722 and 1235 in the Magna Carta of Students' Rights. House Bill No. 5686 is hereby ordered to be taken into account with Senate Bills No. 865, 304 and 404 which was recommended to be sent to the archives, hindi ba?

ComSec: Yes sir.

ESCUDERO: House Bill No. 6024 on National Press Freedom for the same to be taken into consideration with Committee Report No. 83 which is spending in plenary. Sir I'll take advantage of your presence before I suspend. Wala na ano? Yung Department of Culture ni Lauren? These are on the record. DOT expressed reservations about some of their offices being placed under the proposed Department of Culture namely Intramuros, National Parks, ano pa iyung isa? Ano yung N.P. na iyun?

ALMARIO [NCCA]: Nayong Pilipino.

ESCUDERO: Nayong Pilipino.

ALMARIO [NCCA]: Well, nakarating na rin sa amin iyan.

ESCUDERO: Malamang.

ALMARIO [NCCA]: (Laughs) Ang general idea kasi as much as possible, na-consolidated natin yung lahat ng mga agencies related to Culture. Kaya in-include doon sa proposal.

ESCUDERO: But sometimes these are competing interests sir. What may be related to culture would always be related to Tourism of course.

ALMARIO [NCCA]: Yes.

ESCUDERO: …and sometimes, these are competing interests in the desire to preserve. Hindi ba Culture? There might be certain limitations as opposed to simply promoting it, as DOT would. Hindi ba, baka mamaya marami nang bawal bigla. Hindi ba? Bawal ka nang pumunta diyan. Bawal kang mag-rally diyan. Bawal ka, hindi ba? Parang Gabaldon lang iyan eh. That's where I fail; I'm finding difficulty drawing the line. Now clearly puro siya Tourism. Hindi ba? There might be some reason to, to temper it on the cultural, historical site. Hindi ba? Now how and where do you draw the balance?

ALMARIO [NCCA]: Mahirap talaga. In fact, what I'm trying to do now is get an appointment with the Secretary of Tourism, so that we can talk about it.

ESCUDERO: These have their own governing boards right?

ALMARIO [NCCA]: Yes.

ESCUDERO: Do you have a seat there?

ALMARIO [NCCA]: Wala. Yeah. We don't have any.

ESCUDERO: So perhaps a compromise may be that will give you representation in the boards of those bodies. But still for budgetary purposes, attached them with the DOT. I mean para lang, it's difficult as it is to pass your own department ha. But it would be even more difficult to get offices from other department, that's my only… So you might want to consider, because later on, the president has the administrative authority to reorganize government anyway, to move one office to the other. Place one office to the other, under another.

The best example of which should be NIA. National Irrigation Administration. Depende sa president, under the attached corporation ng DA iyan. Minsan inilalagay diretso under the Office of the President. NFA would be another thing. On occasion inilalagay niya iyan under DA. Minsan inilalagay din directly under the Office of the President. May mga agencies na finu-football-football. Depende sa trip ng presidente. But to get it passed, you might want to consider representations first in those entities. Not only one. But adequate representation. Not majority. But enough. In the meantime. And later on we can decide on how to transfer it for budgetary purposes. So pwede natin i-include dun sa agency na you're a member with, you have two, three or four seats there, but for budgetary purposes it's under the DOT. In fact, we can even do it that you will be a co-chair. The Department of Culture Secretary would be the co-chair of these entities. Explore that avenue.

Para lang mabawas-bawasan yung resistance. Just look into it. Importante nun maipasa mo na e. Kapag naipasa na, eh di magbawasan na lang kayo ng ano afterwards. Hindi ba? I mean the most important thing is to have it passed first. I think that's the challenge. Okay sir?

Thank you very much sir. There being no other matters, the hearing of the Committee on Education, Arts and Culture is hereby suspended. ###


 

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