REPUBLIC OF THE PHILIPPINES

Senate
Pasay City

-----

Journal

SESSION NO. 46
Tuesday, January 24,2012

FIFTEENTH CONGRESS
SECOND REGULAR SESSION
 SESSION NO. 46
Tuesday, January 24, 2012

CALL TO ORDER ROLL CALL

At 9: 17 a.m., the Senate President, Han. Juan Upon direction of the Chair, the Secretary of the
Ponce Enrile, called the session to order. Senate, Atty. Emma Lirio-Reyes, called the roll, to
which the following senators responded:
PRAYER
Angara, E. J. Lapid, M. L. M.
Sen. Edgardo J. Angara led the prayer, to wit: Cayetano, P. S. Pimentel III, A. L.
Ejercito Estrada, J. Revilla Jr., R. B.
Almighty Father, Enrile, J. P. Sotto 1II, V. C.
Escudero, F. J. G. Trillanes IV, A. F.
We come to You, our Creator and
Honasan, G. B. Villar, M.
Redeemer in solemn prayer - awed by Your
Lacson, P. M.
power and humbled by Your benevolence.

Cleanse us of unrighteousness that leads With 13 senators present, the Chair declared the
to misconduct. Purge us of enmity that abet presence of a quorum.
discord. Unburden us of troubles that cloud
sound judgment. Senators Arroyo, Defensor Santiago, Dri lon,
Guingona, Osmefia and Pangilinan arrived after the
Instead, sow the seeds of understanding roll call.
among us, in our homes, in the hearts and
minds of our public servants and the people, Senators Cayetano (A) and Marcos were on
between the religions and their flock, and official mission.
among our brethren in media and their pUblic.

Help us realize, Lord, that there is nothing Senators Legarda and Recto were absent.
we can do alone that we cannot do better
together; that there is nothing in our country APPROVAL OF THE JOURNAL
that we cannot achieve with a people work-
Upon motion of Senator Satta, there being no
ing for the common good that was inspired
objection, the Body dispensed with the reading ofthe
by a national focus.
Journal of Session No. 45 (January 17, 2012) and
Amen. considered it approved.
870 TUESDAY, JANUARY 24, 2012

At this juncture, Senate President Enrile Introduced by Senator Defensor Santiago

relinquished the Chair to Senate President Pro
Tempore Ejercito Estrada. To the Committees on Justice and Human
Rights; and Youth, Women and Family Relations
REFERENCE OF BUSINESS
RESOLUTIONS
The Deputy Secretary for Legislation, Atty, Edwin
B. Bellen, read the following matters and the Chair Senate Joint Resolution No. 15, entitled
made the corresponding referrals:
RESOLUTION URGING THE MEMBERS
BILLS ON FIRST READING OF CONGRESS OF THE UNITED
STATES OF AMERICA TO PASS U.S.
Senate Bill No. 3099, entitled SENATE BILL NO. 1244 AND U.S,
HOUSE BILL NO. 2387 OTHERWISE
AN ACT FURTHER AMENDING KNOWN AS THE SAVE OUR
PRESIDENTIAL DECREE NO. 1606, INDUSTRIES ACT
AS AMENDED
Introduced by Senator Enrile
Introduced by Senator Drilon
To the Committee on Foreign Relations
To the Committee on Justice and Human
Rights Proposed Senate Resolution No. 681, entitled

Senate Bill No. 3100, entitled RESOLUTION CONGRATULATING

AND COMMENDING FILIPINO
AN ACT ESTABLISHING A POST PHOTOGRAPHER GEORGE TAPAN
TRAUMATIC STRESS DISORDER FOR BEING DECLARED WINNER
AWARENESS AND EDUCATION IN THE "PLACES" CATEGORY OF
PROGRAM THE 2011 NATIONAL GEOGRAPHIC
PHOTOGRAPHY CONTEST FOR HIS
Introduced by Senator Defensor Santiago ENTRY INTO THE GREEN ZONE

To the Committee on Health and Demo- Introduced by Senator Lapid

graphy
To the Committee on Rules
Senate Bill No. 3101, entitled
Proposed Senate Resolution No. 682, entitled
AN ACT PROMOTING THE PERSISTENT
QUEST FOR KNOWLEDGE AND RESOLUTION DIRECTING THE SENATE
INCREASED EDUCATION AMONG COMMITTEE ON ENVIRONMENT
THE YOUTH AND NATURAL RESOURCES AND
COMMITTEE ON CLIMATE CHANGE
Introduced by Senator Defensor Santiago TO LOOK INTO THE NECESSITY
OF INSTITUTING A SYSTEM OF
To the Committees on Justice and Human MANDATORY ENVIRONMENTAL
Rights; and Youth, Women and Family Relations INSURANCE COVERAGE IN
LIGHT OF THE ENVIRONMENTAL
Senate Bill No. 3102, entitled DAMAGES GENERATED BY COM-
MERCIAL ACTIVITIES AND WOR-
AN ACT PENALIZING THE PARENTS SENED BY THE IMPACT OF
OR GUARDIANS FOR TORTS OR CLIMATE CHANGE
CRIMES COMMITTED BY THEIR
MINOR CHILDREN OR WARDS Introduced by Senator Legarda /II' r
TUESDAY, JANUARY 24, 2012 871

To the Committees on Environment and Trillanes IV, Recto, Osmeila III, Defensor
Natural Resources; and Climate Change Santiago and Villar as authors thereof, entitled

Proposed Senate Resolution No, 683, entitled AN ACT PENALIZING ANTI-COMPETI-

TIVE CONDUCT, ABUSE OF DOMI-
RESOLUTION DIRECTING THE PROPER NANCE, AND ANTI-COMPETITIVE
SENATE COMMITTEE TO CONDUCT MERGERS, ESTABLISHING FOR THE
AN INQUIRY, IN AID OF LEGIS- PURPOSE AN OFFICE FOR COMPETI-
LA TION, ON THE PRACTICE OF TION UNDER THE DEPARTMENT
FEEDING WHALE SHARKS BY OF JUSTICE, APPROPRIATING
LOCAL TOURISM INDUSTRIES, FUNDS THEREFOR, AND FOR
AND ITS IMPACT ON THE OTHER PURPOSES,
ANIMAL'S NATURAL WAY OF LIFE
recommending its approval in substitution of
Introduced by Senator Defensor Santiago Senate Bill Nos. I, 123, 175, and 1838,
taking into consideration Proposed Senate
To the Committees on Environment and Resolution No. 123.
Natural Resources; and Tourism
Sponsor: Senator Villar
Proposed Senate Resolution No. 684, entitled
To the Calendar for Ordinary Business
RESOLUTION DIRECTING THE PROPER
SENATE COMMITTEE TO CONDUCT PARLIAMENTARY INQUIRY
AN INQUIRY, IN AID OF LEGIS- OF SENATOR CAYETANO (P)
LATION, ON THE NEED TO
CREATE MEASURES THAT WILL Senator Cayetano (P) inquired when the
PROMOTE A "ZERO TOURISM deliberations on the Reproductive Health (RH) bill
WASTE" POLICY would resume as she informed the Body that the
Sponsors Were ready to be interpellated by the other
Introduced by Senator Defensor Santiago senators. Senator Sotto replied that the senators
who made reservations to interpellate - Senators
To the Committees on Environment and Trillanes and Pimentel and the Senate President,
Natural Resources; and Tourism among them - were not ready to do so this week
but perhaps next week, while Senator Legarda was
Proposed Senate Resolution No. 685, entitled still out of the country.

RESOLUTION DIRECTING THE PROPER Noting that sessions have been scheduled only
SENATE COMMITTEE TO CONDUCT twice a week, Senator Cayetano (P) appealed to the
AN INQUIRY, IN AID OF LEGIS- Body to take up pending measures, among them the
LA TION, ON THE ESSENTIAL RH bill. Senator Sotto concurred with Senator
BENEFITS OF URBAN AGRICUL- Cayetano (P) as he expressed eagerness to finish the
TURE AS A VIABLE SOLUTION TO deliberations on the RH bill so he could deliver his
THE LOOMING FOOD SHORT AGE speech en contra.

Introduced by Senator Defensor Santiago SUSPENSION OF SESSION

To the Committee on Agriculture and Food Upon motion of Senator Sotto, the session was
suspended.
COMMITTEE REPORT
It was 9:26 p.m.
Committee Report No. 97, prepared and submitted
jointly by the Committees on Trade and RESUMPTION OF SESSION
Commerce; Economic Affairs; and Finance, on
Senate Bill No. 3098, with Senators Enrile, At 9:26 p.m., the session was resumed.

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872 TUESDAY, JANUARY 24, 2012

SPECIAL ORDER 20 II, pursuant to Proposed Senate Resolution

No. 519 introduced by Sen. Panfilo Lacson and
Upon motion of Senator Sotto, there being no this Representation, which directed the Blue
objection,. the Body approved the transfer of Ribbon Committee to "conduct an inquiry, in aid
of legislation, into the alleged numerous viola-
Committee Report No. 95 on Proposed Senate
tions of Republic Act No. 3019, otherwise known
Resolution No. 519 from the Calendar for Ordinary
as the Anti-Graft and Corrupt Practices Act,
Business to the Calendar for Special Orders. by the previous board of the peso with the
end in view of crafting legislative measures to
COMMITTEE REPORT NO. 95 curb corruption and promote transparency and
accountability in government."
Upon motion of Senator Sotto, there being no
The Blue Ribbon hereby presents the
objection, the Body considered Committee Report essential findings of its Report.
No. 95 re Proposed Senate Resolution No. 519,
entitled RESOLUTION DIRECTING THE SENATE Intelligence funds
COMMITTEE ON ACCOUNT ABILITY OF The Senate Blue Ribbon Committee strongly
PUBLIC OFFICERS AND INVESTIGATION recommends that a case for plunder be filed
(BLUE RIBBON) TO CONDUCT AN INQUIRY, against former President Gloria Macapagal-
IN AID OF LEGISLATION, INTO THE ALLEGED Arroyo and former Vice-chairman and General
NUMEROUS VIOLATIONS OF REPUBLIC ACT Manager of PC SO, Mrs. Rosario Uriarte.
NO. 3019 OTHERWISE KNOWN AS THE ANTI- While they were public officers, Gloria
GRAFT AND CORRUPT PRACTICES ACT BY Arroyo and Rosario Uriarte teamed up to rob this
THE PREVIOUS BOARD OF THE PHILIPPINE nation of at least P244.5 million. Mrs. Arroyo
CHARITY SWEEPSTAKES OFFICE (PC SO) WITH made mere marginal notes and caused the release
THE END IN VIEW OF CRAFTING LEGIS- of millions of pesos to her partner, Mrs. Uriarte,
who was in charge with the disbursement,
LATIVE MEASURES TO CURB CORRUPTION
use, and liquidation of excessive amounts of
AND PROMOTE TRANSPARENCY AND intelligence funds.
ACCOUNTABILITY IN GOVERNMENT.
Mrs. Uriarte's memoranda of request for
The Chair recognized Senator Guingona for the millions of pesos cited the need to address threats
against the operations of the PCSO. However,
sponsorship.
her own certifications immediately revealed that
the funds were allegedly also used to address
SPONSORSHIP SPEECH
terrorism, bomb threats, and bilateral security
OF SENATOR GUINGONA relations.

Senator Guingona presented to the Body for its Because of the excessive amounts released,
consideration Committee Report No. 95. the Blue Ribbon Committee asked for proof of
lawful use of public funds. However, neither
Gloria Arroyo nor Rosario Uriarte ever presented
Hereunder is the full text of Senator Guingona's
the actual receipts and documents to prove that
sponsorship speech: these funds were indeed used lawfully.

PCSO Blue Ribbon Committee Report The Committee strongly believes that there
(Committee Report No. 95) is probable cause to believe that these funds
were, in fact, illegally diverted into the pockets
Ang mandata ng peso '<Yang pagtulang of Gloria Macapagal-Arroyo. Despite facing
sa kapwang nangangailangan. Ang tunay na a possible case for plunder, not a single receipt
diwa ng peso, samakatuwid, '<Yang pagka- has been presented by Gloria Arroyo or Rosario
kawanggawa. Uriarte to save themselves. The Committee
emphasizes the fact that particularly for the year
Ngunit ang naibunyag sa mga pandinig fig
20 I 0, an election year, the PCSO already used up
Blue Ribbon ay ang pagwawaldas ng pando ng
P137.5 million out of the PI50 million that was
peso sa mga bagay na walang anumang
approved by the former president at the
kinalaman sa pagkakawanggawa. Maraming
beginning of the year. For the same year, PCSO's
kumita. Marami ang dapa! parusahan.
intelligence fund budget was larger than the
The Blue Ribbon Committee hereby presents intelligence fund budget of the Philippine Army,
Committee Report No. 95, filed on December 19, ISAFP-GHQ, DND, Navy, and the NBI.
yr
TUESDAY , JANUARY 24, 2012 873

Additionally, Gloria Macapagal-Arroyo and a violation of the Anti-Graft and Corrupt

Rosario Uriarte should likewise be charged with Practices Act for allegedly entering, on behalf of
technical malversation for using confidential/ the government, any contract that is manifestly
intelligence funds as "blood money" for two and grossly disadvantageous to the government.
OFWs sentenced to death in Kuwait.
STL remittances, ambulance donations,
Donations of vellicles to members anti commingling of funt/s
<if tI,e Catltolic Cllurdl
There have been unaccountable remittances
The Blue Ribbon finds that the donations of of Small Town Lottery (STL) Share to congress-
vehicles to various Catholic priests did not vio- men and the Philippine National Police (PNP).
late the Constitution because: (a) The donation The Blue Ribbon also finds that there has
was for a public, and not a religious purpose; been mismanagement in the execution of PCSO's
(b) The donation was not for the personal use Ambulance Program. LGUs of a higher class
of any religious leader; category were prioritized compared to the lower
Excessive public rela/ions! class categories of LGUs.
at/vertising spent/ing Commingling of funds by PCSO was also
The findings of the Commission on Audit, revealed. This violates the PCSO Charter which
together with the testimonies laid down in the apportions the net receipts into three funds:
Blue Ribbon hearings, revealed PCSO's (I) Prize Fund; (2) Charity Fund; and (3) Operat-
excessive and unnecessary spending on public ing Fund.
relations. Billions were spent on promoting Joint Venture Agreement
betting in lotteries that could have been spent
more wisely on charity. The Contractual Joint Venture Agreement
(CJV A) between TMA Group of Companies
The extravagant expenses for the sale (TMA) and the PCSO entered into for the
purpose of promoting legal gambling are purpose of establishing the first thennal coating
superfluous and pointless by the fact that there plant in the Philippines should be cancelled for
will always be people who will do anything to being grossly prejudicial to the Philippines.
take a stake for the chance of winning big. Violations of the Anti-Graft and Corrupt Practices
Equipment Lease Agreement (ELA) Act were, in fact, committed by members of the
for pcsO's online lollery system fanner board of the PCSO.
The Blue Ribbon Committee finds that the
The Blue Ribbon hearings revealed that a
profit-oriented JVA entered into by peso violates
company named International Totalizator System
the latter's own charter, which limits the agency's
(ITS) initially offered to sell lotto equipment to
ability to engage in profit-oriented ventures only
PCSO for US$25 million.
to "health, welfare and related investments."
However, instead of buying the equipment
Likewise, the Committee finds the contract
from ITS, the PC SO conducted a public bidding
grossly disadvantageous to the government
to lease--not to buy-the same equipment from
because while it requires a P4.4 billion-invest-
private suppliers. The decision to lease instead
ment by the private company and a P42-billion
of purchase continues to impose a great financial
worth of contribution on the part of the PCSO,
burden to the Philippines. Instead of spending
the profit-sharing agreement flips the scenario
US$25 million to purchase the machines, the
and gives the private company an 80% share in
government instead has paid the private
the profits while leaving only 20% for the
suppliers approximately US$148 million in rental
Philippine government.
fees and will continue to pay exorbitant amounts
until the contract ends in 2015. When the Prime Gaming Philippines Inc.
(PGPI) purchased the property ofTF Ventures-
Despite proper bidding, the resulting a company partly owned by Manuel Morato-
award of the contract, not only to the winning the latter was relieved of the burden of paying
bidder but also to the two other losing bidders, for the corporate debts owned by TF Ventures to
is questionable. The Blue Ribbon strongly the banks. It can be inferred that PGPl's resulting
recommends further investigation on this matter assumption of the debts of Morato's company is
by the Ombudsman. partly an act of gratitude extended to Morato,
For signing the ELA, Manuel Morato, former who was then board member of PCSO that
PCSO Chainnan, and Rosario Uriarte, fanner approved the Equipment Lease Agreement of
PCSO General Manager, should be charged with PGPI's related company, PGMe.
874 TUESDAY, JANUARY 24, 2012

Further investigation must be pursued on A certification by the officer-in-charge of

possible conflicts of interest by Morato and his liquidation that these envelopes can be
dealing with PGP!. accessed for lawful purposes.
Possible electioll offellses committed A sealed copy of the proposals/requests
by Malluel Morato submitted in support of the request for
confidential or intelligence funds, which may
This Representation did not participate in be accessed also for lawful purposes.
the drafting of this portion of the report because
Mr. Morato's allegations involved an assertion FIFTH. A law must be passed establishing
against me. Senator Drilon's concurring opinion a Single Treasury Account which can help the
is hereby adopted as a main part of the report. government track and discover, on a timely
basis, transactions which may appear irregular
The Blue Ribbon hearings revealed that based on the frequency of fund releases and the
Mr. Morato has committed violations of the amount of said releases.
Omnibus Election Code and the Philippine
Constitution. During an episode of "Dial M"- SIXTH. The PCSO's budget for public rela-
a production of PCSO paid for by public tions and advertising should not exceed 1.8% of
funds-he was shown campaigning in favor of its gross sales. The PCSO is not a private corp-
a certain presidential candidate and criticizing oration that needs a huge advertising budget.
several other candidates as well. This is a form SEVENTH. Passage of a law that would
of electioneering or partisan political activity augment PhilHealth funds with PCSO funds.
aggravated by the blatant use of public funds,
an act that is punishable under Section 79(b) of EIGHTH: PCSO should stop giving shares of
the Election Code. the proceeds of its operations to the PNP
because it is not primarily mandated to implement
Recomnlendatiollj' projects within the mandate of the PCSO.
The Blue Ribbon Committee, as a result of NINTH. Shares from PCSO's operations that
this legislative inquiry, has made the following are released to congressional and other local
recommendations: government units should be strictly regulated.
FI RST. The PCSO Charter must contain Without proper liquidation, future releases
penal provisions, imposing criminal, civil, and should never be made.
administrative liabilities for acts in violation of TENTH. The PCSO management should
the charter, committed by its employees and ensure that the strictest standards are established
private individuals. and observed to ensure that public funds are
devoted only for public and secular purposes.
SECOND. The PCSO management must
improve its accounting system to ensure that no Let this serve as a reminder to all that public
further unlawful commingling of funds shall funds are sacred as it is imbued with public
occur in the future. interest. Public funds could only be spent for
authorized public purposes and can never be
THIRD. peso funds must be allocated only
used as a private piggy bank.
to various national programs which are relevant
to the mandate of the agency. The current board
of the PCSO must immediately undertake an SUSPENSION OF CONSIDERATION
extensive assessment and evaluation of the OF COMMITTEE REPORT NO. 95
programs and projects to ensure that the public
funds are used within the scope of this agency's Upon motion of Senator Sotto, there being no
mandate. objection, the Body suspended consideration of
Committee Report No. 95.
FOURTH. The Commission on Audit should
come up with new auditing guidelines for
confidential and intelligence funds which COMMITTEE REPORT NO. 30
should include, among others, the following ON SENATE BILL NO. 2796
provisions: ( Continuation)
A requirement to submit, in classified and
sealed envelopes, the vouchers, receipts and Upon motion of Senator Sotto, there being no
other documents evidencing the expenses objection, the Body resumed consideration, on Second
charged against a specific allocation of a Reading, of Senate Bill No. 2796 (Committee Report
confidential or intelligence fund. No. 30), entitled

i
TUESDAY, JANUARY 24, 2012 875

AN ACT DEFINING CYBERCRIME, Page 2

PROVIDING FOR PREVENTION, L On line IS, insert a new paragraph to read:
INVESTIGATION AND IMPOSITION
D) COMPUTER - AN ELECTRONIC, MAG-
OF PENALTIES THEREFOR AND NETIC, OPTICAL, ELECTROCHEMICAL,
FOR OTHER PURPOSES, OR OTHER DATA PROCESSING OR
COMMUNICATIONS DEVICE, OR
Senator Sotto stated that the Body has already GROUPING OF SUCH DEVICES,
closed the period of interpellations and being a CAPABLE OF PERFORMING LOGICAL,
substitute bill, there will be no committee amendments. ARITHMETIC, ROUTING, OR STORAGE
He said that the pari iamentary status was the period FUNCTIONS AND WHICH INCLUDES
of individual amendments. ANY STORAGE FACILITY OR EQUIP-
MENT OR COMMUNICA nONS FACI-
LITY OR EQUIPMENT DlRECTL Y
Thereupon, the Chair recognized Senator Angara,
RELATED TO OR OPERATING IN
Sponsor of the measure. CONJUCTION WITH SUCH DEVICE IT
COVERS ANY TYPE OF COMPUTER
REQUEST OF SENATOR ANGARA DEVICE INCLUDING DEVICES WITH
DATA PROCESSING CAPABILITIES
Senator Angara requested that he be given enough LIKE MOBILE PHONES AND ALSO
time as he was awaiting the Secretariat's submission COMPUTER NETWORKS;
of the amended committee report incorporating all 2, Renumber the succeeding terms accordingly;
the individual amendments which were introduced in 3. On line 31, insert the following subpara-
the course of the debate and interpellations on the graphs to read:
bill. He said that the Secretariat shall likewise submit
H) CRITICAL INFRASTRUCTURE -
the copies of the proposed amendments introduced REFERS TO THE COMPUTER SYSTEMS,
individually by the senators and the corresponding AND/OR NETWORKS, WHETHER
explanation behind each amendment for purposes of PHYSICAL OR VIRTUAL, AND/OR THE
convenience. He stated that these documents will COMPUTER PROGRAMS, COMPUTER
soon be distributed to the Members. DATA AND/OR TRAFFIC DATA SO
VITAL TO THIS COUNTRY THAT THE
REQUEST OF THE CHAIR INCAPACITY OR DESTRUCTION OF
OR INTERFERENCE WITH SUCH
SYSTEMS AND ASSETS WOULD
At this point, Senate President Pro Tempore
HAVE A DEBILITATING IMPACT ON
Ejercito Estrada requested Senate President Enrile to
SECURJTY, NATIONAL OR ECONOMIC
preside over the rostrum and hand over the resolution SECURITY, NATIONAL PUBLIC
commending Sen. Miriam Defensor Santiago. HEALTH AND SAFETY, OR ANY
COMBINATION OF THOSE MATIERS;
SUSPENSION OF SESSION I) CYBERSECURITY - REFERS TO THE
COLLECTION OF TOOLS, POLICIES,
With the permission of the Body, the Chair RISK MANAGEMENT APPROACHES,
suspended the session. ACTIONS, TRAINING, BEST PRACTICES,
ASSURANCE AND TECHNOLOGIES
It was 9:48 a. m. THAT CAN BE USED TO PROTECT
THE CYBER ENVIRONMENT AND
RESUMPTION OF SESSION ORGANIZATION AND USER'S ASSETS;
4. Renumber the succeeding terms accordingly;
At \0:04 a.m., the session was resumed. Page 3
5. On line 20, between the words "which" and
INDIVIDUAL AMENDMENTS
"can", insert the word IDENTITY;

As proposed by Senator Angara, there being no Page 4

objection, the following amendments to Senate Bill 6. On lines 14 to 17, delete the word "intentional"
No. 2796 were approved by the Body, one after the as found in the definitions of "Illegal Access"
other: and "Illegal Interception";

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876 TUESDAY, JANUARY 24, 2012

7. On line 29, delete the phrase "intentional prior restraint and he feared that this would violate
or reckless" and in lieu thereof, add the the Constitution.
words, DELETION, DETERIORATION in
the definition of "Data Interference"; Senator Angara stated that the Committee did
8. On line 32, delete the phrase "intentional or not intend to impose any prior restraint. He appealed
reckless" from the definition of "System to the Body to first hear the individual amendments
Interference"; and after which, the Committee could go back to
9. On line 36, insert a new subparagraph to Senator Guingona's query.
read:
5. CYBERSQUATTING - THE ACQUISI- 14. Delete lines 7 to 19;
TION OF A DOMAIN NAME OVER
THE INTERNET IN BAD FAITH TO IS. On line 21, between the word "law" and
PROFIT, MISLEAD, DESTROY REPUTA- period (.), insert a comma (,) and the phrase
ESPECIALLY AS COMMITTED THROUGH
TION, AND DEPRIVE OTHERS FROM
A COMPUTER SYSTEM;
REGISTERING THE SAME, IF SUCH
DOMAIN IS:
REMARKS OF SENATOR CAYETANO (P)
I. SIMILAR, IDENTICAL OR CON-
FUSINGLY SIMILAR TO AN
Senator Cayetano (P) requested that she be
EXISTING TRADEMARK REGIS-
given time to make sure that the bill's definition of
TERED WITH THE APPROPRIATE
GOVERNMENT AGENCY AT THE child pronography is aligned with that of RA 9775.
TIME OF THE DOMAIN NAME
REGISTRATION; Senator Angara explained that the particular
provision was amended upon the request of Senator
II. IDENTICAL OR IN ANY WAY
SIMILAR WITH THE NAME OF A Cayetano (P) so that there will be no conflict with
PERSON OTHER THAN THE the definition of child pornography on the bill and that
REGISTRANT, IN CASE OF A of RA 9775.
PERSONAL NAME; AND
Page 7
III. ACQUIRED WITHOUT RIGHT OR
WITH INTELLECTUAL PROPERTY 16. After line 22, insert the following paragraph:
INTERESTS IN IT.
ANY PERSON FOUND GUILTY OF THE
Page 5 PUNISHABLE ACT UNDER SECTION 4A.S
10. On line 23, delete the word "intentional"; SHALL BE PUNISHED WITH IMPRISON-
MENT OF PRISION MAYOR OR A FINE OF
II. On line 31, delete the phrase "intentional NOT MORE THAN FIVE HUNDRED THOUS-
and"; AND PESOS (PHPSOO,OOO.OO) OR BOTH.
12. On line 33, after the word "thereby," insert a
17. Before line 23, insert the following paragraph:
period (.) and delete the rest of the paragraph;
IF PUNISHABLE ACTS IN SECTION
Page 6
4A ARE COMMITTED AGAINST CRITICAL
13. Delete lines 3 to S and insert the new INFRASTUCTURE, THE PENALTY OF
definition as follows: RECLUSION TEMPORAL OR A FINE OF
l. CYBERSEX - THE WILLFUL ENGAGE- AT LEAST FIVE HUNDRED THOUSAND
MENT, MAINTENANCE, CONTROL OR PESOS (PHPSOO,OOO.OO) UP TO MAXIMUM
OPERATION, DIRECTLY OR INDIRECT- AMOUNT COMMENSURATE TO THE
LY, OF ANY LASCIVIOUS EXHIBITION DAMAGE INCURRED OR BOTH.
OF SEXUAL ORGANS OR SEXUAL Page 8
ACTIVITY, WITH THE AID OF A
COMPUTER SYSTEM FOR FAVOR OR 18. On line 9, after the word "within" and the
CONSIDERATION. comma (,), delete the word "in";
19. Delete lines 28 to 33 and in lieu thereof,
REMARKS OF SENATOR GUiNGONA insert the following paragraphs:
At this juncture, Senator Guingona expressed SEC. 9. REAL-TIME COLLECTION OF
concern that the definition of cybersex smacked of TRAFFIC DATA. - LAW ENFORCEMENT
TUESDAY, JANUARY 24, 2012 877

AUTHORITIES, WITH DUE CAUSE, SHALL Page II

BE AUTHORIZED TO COLLECT OR
26. Delete lines 10 to 13;
RECORD BY TECHNICAL OR ELECTRONIC
MEANS TRAFFIC DATA IN REAL-TIME 27. On line 18, reword Section 18 ("Department
ASSOCIATED WITH SPECIFIED COM- of Justice") as follows:
MUNICATIONS TRANSMITTED BY SEC. 18. DEPARTMENT OF JUSTICE
MEANS OF A COMPUTER SYSTEM. - THERE IS HEREBY CREATED AN OFFICE
TRAFFIC DATA REFER NOT ONLY OF CYBERCRIME WITHIN THE DOJ
TO COMMUNICATION'S ORIGIN, DESTI- DESIGNATED AS THE CENTRAL AUTHOR-
NATION, ROUTE, TIME, DATE, SIZE, ITY IN ALL MA TTERS RELATED TO
DURATION, OR TYPE OF UNDERLYING INTERNATIONAL MUTUAL ASSISTANCE
SERVICE, BUT NOT CONTENT, NOR AND EXTRADITION.
IDENTITIES. 28. On line 27, reword Section 19 ("Commission
ALL OTHER DATA TO BE COLLECTED on Information and Communication
OR SEIZED OR DISCLOSED WILL REQUIRE Technology") as follows:
A COURT WARRANT. SEC. 19. DEPARTMENT OF SCIENCE
SERVICE PROVIDERS ARE REQUIRED AND TECHNOLOGY -INFORMATION AND
TO COOPERATE AND ASSIST LAW COMMUNICA71ONS TECHNOLOGY OFFICE.
ENFORCEMENT AUTHORITIES IN THE - THERE IS HEREBY CREATED A
COLLECTION OR RECORDING OF THE NAll0NALCYBERSECURITY CENTER(NSCS)
ABOVE-STATED INFORMATION. WITHIN THE DOST-ICTO DESIGNATED ro
FORMULATE AND IMPLEMENT A
Page 9 NATIONAL CYBERSECURITY POLICY,
20. On line 1, between the words "the" and "of," AND EXTEND TECHNICAL ASSISTANCE
replace the word "data" with "DATE"; FOR THE SUPPRESSION OF REAL-TIME
COMMISSION OF CYBERCRIME OFFENSES
21. On line 25, after the word "ACT," delete the
THROUGH A COMPUTER EMERGENCY
phrase "content of communications, procure
RESPONSE TEAM (CERT).
the content of data either directly, through
access and use of computer system, or Page 12
indirectly, through the use of electronic
29. On lines 1 and 2, delete the chapter title
eavesdropping or tapping devices, in real
"CYBERCRIME INVESTIGATION AND
time or at the same time that the communica-
COORDINATING CENTER" and replace it
tion is occurring;"
with NATIONALCYBERSECURITY COUNCIL;
22. On line 33, between the words "conduct"
and "examination," insert the phrase
30. On line 4, replace the words "Cybercrime
Investigation and Coordinating Center" with
FORENSIC ANALYSIS OR;
NA110NAL CYBERSECURITY COUNCIL;
Page 10
31. On line 6, delete the words "Cybercrime
23. After line 9, insert a new section to read as Investigation and Coordinating Center, herein
follows: referred to as CICC" and in lieu thereof,
SEC. 13. RESTRICTING OR BLOCKING insert the phrase NATIONAL CYBER-
ACCESS TO COMPUTER DATA. - WHEN SECURITY COUNCIL, HEREIN REFERRED
A COMPUTER DATA IS PRIMA FACIE TO AS NCCC" to read as follows:
FOUND TO BE VIOLATIVE OF THE 32. On line 10, reword lines 10 to 14 as follows:
PROVISIONS OF THIS ACT, THE CENTRAL
AUTHORITY SHALL ISSUE AN ORDER TO SEC. 21. COMPOSITION. - THE NCCC
RESTRICT OR BLOCK ACCESS TO SUCH SHALL BE HEADED BY THE EXECUTIVE
COMPUTER DATA.; DIRECTOR OF THE DOST-ICTO AS
CHAIRMAN; WITH THE DIRECTOR OF
24. Renumber the following sections accordingly; THE NBI; CHIEF OF THE PNP; HEAD OF
25. On line 35, insert a new paragraph to read as THE DOJ OFFICE OF THE CYBERCRIME,
follows: AS MEMBERS; AND REPRESENTATIVES
FROM THE PRIVATE SECTOR AND
THERE SHALL BE DESIGNATED
ACADEME.
SPECIAL CYBERCRIME COURTS MANNED
BY SPECIALLY TRAINED JUDGES TO 33. On line 16, change the acronym "CICC" to
HANDLE CYBERCRIME CASES. NCCC;
878 TUESDAY, JANUARY 24, 2012

34, On line 19, change the acronym "CICC" to morality. He suggested that the whole section be
NCCC; deleted.
35. On lines 21 and 22, delete the phrase "to
prevent and suppress cybercrime activities" Senator Angara disagreed that it was tantamount
and in lieu thereof, insert the phrase to legislating morality as he pointed out that deleting
RELATED TO CYBERSECURITY; the definition would imply that the Body is not
36. Delete lines 25 to 27; in agreement that cybersex, probably one of the
rampant crimes committed against children, is indeed
37. On lines 29 and 30, change the words a crime.
"cybercrime prevention" to
CYBERSECURITY;
To the observation of Senator Guingona that it
38. On line 34, replace the acronym "CICC" with runs against the Constitution, Senator Angara stated
NCCC; that while he respects Senator Guingona's libertarian
39. On line 35, between the words "duties" and inclinations, the definition ought to be kept, otherwise,
"necessary," insert the word AS and delete children using computers or internet kiosks will
the phrase "for the implementation of this be exposed to a large field of unregulated and
Act"; non-criminalized activities.
Page 13
SUSPENSION OF SESSION
40. On line 4, replace the word "ten" with FIFTY;
41. On line 5, replace the figure" I0,000,000.000" Upon motion of Senator Guingona, the session
widl "50,000,000.00"; was suspended.
42. On line 8, delete the words "Commission on
Information and Communication Technology" It was 10:30 a.m.
and in lieu thereof, insert the words
DEPARTMENT OF SCIENCE AND TECH- RESUMPTION OF SESSION
NOLOGY AND THE DEPARTMENT OF
INTERIOR AND LOCAL GOVERNMENT, At 10:32 a.m., the session was resumed.
WITHIN 90 DAYS FROM THE EFFECT-
IVITY OF THIS ACT. DEFENSOR SANTIAGO AMENDMENTS
43. On line 10, replace the word "Office" with
CENTER; As proposed by Senator Defensor Santiago, and
accepted by the Sponsor, there being no objection,
44. On line 17, after the figure "33," insert a
hyphen (-) and letter "A." the Body approved the following amendments, one
after the other:
REMARKS OF SENATOR ANGARA
1. On page 2, line 27, after the word "messages"
and the semicolon (;), insert the words
As regards the definition of "cybersex," Senator WHETHER STORED IN A LOCAL
Angara said that the new definition was precisely in COMPUTER SYSTEMS OR ONLINE.
response to the reservation of Senators Guingona
and Defensor Santiago over the word "arousal" Senator Defensor Santiago explained that while
which they asserted is a very subjective term. Sections 4(A) and (B) of the Act define offenses
However, he explained that the phrase "favor or against confidentiality, integrity and availability of
consideration" was retained because this is the crux computer data and systems and computer-related
of the cybercrime - that the act was done for offenses, said offenses apply to computer data and
money, consideration or favor. He asked why the computer system. It is clear, she noted, that owners
definition would suggest or imply prior restraint. of computer systems or data are protected from
hacking or interference as criminalized in said
In answer, Senator Guingona argued that the subsections but the same should also apply to online
definition leaves to the judge the discretion to interpret, programs, emails and social networks. '
for example, lascivious exhibition that can be very
broad. He admitted that he was very uncomfortable 2. On page 5, line 33, delete the phrase "with
with the definition because it is akin to legislating the intent of procuring economic benefit for
TUESDAY, JANUARY 24,2012 879

oneself or for another person or for the Senator Angara stated that the amendment
perpetuation of a fraudulent or dishonest further strengthens the restraint to be exercised
activity" and in lieu thereof, insert the phrase by law enforcers before they search any of the
WITH FRAUDULENT INTENT. computer data.

Senator Defensor Santiago explained that damage INQUIRY OF SENATOR LACSON

and fraudulent intent should be sufficient whether or
not there is an economic benefit. It is possible, she Asked by Senator Lacson whether the definition
said, that the intention of the computer-related fraud of "cybersex" which refers to "any lascivious exhibi-
is not for economic gain but to destroy. She further tion of sexual organs or sexual activity with the aid
noted that "perpetuation of a fraudulent activity" of a computer system for favor or consideration,"
connotes a series of actions, therefore, it should be covers phone sex, Senator Angara expressed appre-
sufficient that the perpetrator in one act shows hension that doing so might be outside what is
fraudu lent intent. permissible.

3. On page 8, after line 33, insert a new Senator Sotto added that it is very difficult
paragraph, to read as follows:
nowadays to classifY the telephone as part of the
THE COURT WARRANT REQUIRED computer system.
UNDER THIS SECTION SHALL ONLY BE
ISSUED OR GRANTED UPON WRITTEN SOTTO AMENDMENT
APPLICATION AND THE EXAMINATION
UNDER OATH OR AFFIRMATION OF THE
Preliminarily, Senator Sotto stated that there
APPLICANT AND THE WITNESSES HE
MAY PRODUCE AND THE SHOWING:
are numerous abuses in technology, particularly
(I) THAT THERE ARE REASONABLE the video and photo uploading and unnecessary
GROUNDS TO BELIEVE THAT ANY OF write-ups and comments in social networking
THE CRIMES ENUMERATED HEREIN- systems. He read the definition of libel in Mendez
ABOVE HAS BEEN COMMITTED OR IS vs. Court of Appeals (OR No. 124491, June I,
BEING COMMITTED OR IS ABOUT TO BE 1999), to wit:
COMMITTED; (2) THAT THERE ARE
REASONABLE GROUNDS TO BELIEVE ... a public and malicious imputation ofa crime, or
THAT EVIDENCE OBTAINED IS of a vice or defect, real or imaginary, or any act,
ESSENTIAL TO THE CONVICTION OF ANY omission, condition, status or circumstance
PERSON FOR, OR TO THE SOLUTION OF, tending to discredit or cause the dishonor or
OR TO THE PREVENTION OF, ANY SUCH contempt of a natural or juridical person, or to
CRIMES; AND (3) THAT THERE ARE NO blacken the memory of one who is dead.
OTHER MEANS READILY AVAILABLE Thus, the elements of libel are: (a) imputation
FOR OBTAINING SUCH EVIDENCE. of a discreditable act or condition to another;
(b) publication of the imputation; (c) identity of
Senator Defensor Santiago observed that the person defamed; and, (d) existence of malice.
Section 9 lacks the parameters to ensure that the
authority granted therein will not be abused by law Senator Sotto further cited the ruling in Laesa
enforcement authorities. She cited a provision in vs. Intermediate Appellate Court (161 SCRA 427)
Section 3 of RA 4200, otherwise known as the which states that:
"Anti-Wire Tapping Law," which may serve as
guide in setting the parameters: "Provided, That such Words calculated to induce suspicion are
written order shall only be issued or granted upon sometimes more effective to destroy reputation
written application and the examination under oath or than false charges directly made. Ironical and
affirmation of the applicant and the witnesses he metaphorical language is a favored vehicle for
slander. A charge is sufficient if the words are
may produce and a showing: (I) that there are
calculated to induce the hearers to suppose and
reasonable grounds to believe that any of the crimes understand that the person or persons against
enumerated hereinabove has been committed or is whom they were uttered were guilty of certain
being committed or is about to be committed: xxx (3) offenses, or are sufficient to impeach their
that there are no other means readily available for honesty, virtue, or reputation, or to hold the
obtaining such evidence." person or persons up to public ridicule.
,)II' f6
880 TUESDAY, JANUARY 24, 2012

Further, Senator Sotto observed that the SUSPENSION OF CONSIDERATION

publication requirement in the crime of libel can be OF SENATE BILL NO. 2796
achieved by the mere fact that it is seen in cyber-
space and this can fUlther promote the habit of Upon motion of Senator Sotto, there being no
"think before you click." It is clear, he noted, that objection, the Body suspended consideration of
cybercrimes are not covered under Article 355 of the bill.
Revised Penal Code.
COAUTHOR
On page 6, line 37, as proposed by Senator Sotto
and accepted by the Sponsor, there being no objection, Senator Sotto manifested that Senator Villar had
the Body approved the insertion of a new paragraph, asked to be made coauthor of Senate Bill Nos. 455
to wit: and 3060.

4. LIBEL - THE UNLAWFUL OR PROHIBITED ADJOURNMENT OF SESSION

ACTS OF LIBEL AS DEFINED IN ARTICLE
355 OF THE REVISED PENAL CODE Upon motion of Senator Sotto, there being no
COMMITTED THROUGH A COMPUTER objection, the President Pro Tempore declared the
SYSTEM OR ANY OTHER SIMILAR
session adjourned until nine o'clock in the morning of
MEANS WHICH MAYBE DEVISED IN THE
Monday, January 30, 2012.
FUTURE.

It was 10:47 a.m.

Senator Angara pointed out that cyberspace is
just a new avenue for publicizing or communicating
a libellous statement which is subject to prosecution
and punishment as defined by the Revised Penal
I hereby certify to the correctness of the
Code.
foregoing.
TERMINATION OF THE PERIOD
OF INDIVIDUAL AMENDMENTS

There being no other individual amendment, upon

~REYES
motion of Senator Sotto, there being no objection, the
Body closed the period of individual amendments.

APPROVAL OF SENATE BILL NO. 2796

ON SECOND READING

Submitted to a vote, there being no objection,

Senate Bill No. 2796 was approved on Second
Reading. Approved on January 30, 2012