DOLE plan won’t solve lack of construction workers – TUCP

“Our main problem is we have a shortage of trained and certified construction workers because wages are low, benefits are meager, and working conditions are highly substandard,” TUCP president Raymond Mendoza said. (File photo by GRIG C. MONTEGRANDE / Philippine Daily Inquirer)

Limiting the number of construction workers for deployment abroad, as planned by the Department of Labor and Employment (DOLE), will only force workers to use backdoor means to leave the Philippines since they could get better salaries and benefits abroad.

The Trade Union Congress of the Philippines (TUCP) said this DOLE plan would not answer the supposed labor shortage in the construction industry.

“Our main problem is we have a shortage of trained and certified construction workers because wages are low, benefits are meager, and working conditions are highly substandard,” TUCP president Raymond Mendoza said.

In Metro Manila, for instance, construction workers often just receive the minimum wage of P532.

According to TUCP, some workers are even forced to buy their own safety equipment.

Earlier, Labor Secretary Silvestre Bello III said the DOLE was planning to reduce by up to 90 percent the number of construction workers they would deploy abroad to ensure that there would enough manpower left in the Philippines to do various projects under the government’s “Build, Build, Build” program.

Mendoza pointed out that because of the cap, workers might be compelled to leave the country illegally given that better offers await them abroad.

“Once they go underground, they will become undocumented, illegal workers abroad hiding from the law,” he said. “This is highly problematic. We need to raise the salary, benefits and working conditions standards of our construction workers so that they will no longer aspire to work abroad.”

Instead of the cap, Mendoza suggested that the government’s assessment, training, and certification of skills be made more accessible and affordable for workers.

“The Technical Education and Skills Development Authority must conduct more assessment, training and skills certification even on Saturdays and Sundays and even on holidays, conduct these even in worksites to increase the pool of skill-certified construction workers. It must also accredit private institutions to facilitate certification,” he said. /atm - By: Jovic Yee - Reporter / @jovicyeeINQ

TUCP asks Tulfo to apologize for insulting Filipino workers

Manila Times file photo

Labor groups on Friday demanded that special envoy to China Ramon Tulfo apologize to Filipino workers after he insulted their contributions to the country’s economy when he claimed that the influx of Chinese workers was because they were better employees.

The Trade Union Congress of the Philippines (TUCP) said Tulfo’s characterization of Filipino workers was “uncalled for,” especially since they have been known worldwide for the “high quality of their work, ingenuity, diligence, creativity and hard work.”

“They are the most sought after type of workers compared to other nationalities. The Filipino workers’ dedication, diligence and creativity are known to have built the entire Middle East economies, most parts of Asia, and key parts of America and Europe,” TUCP president Raymond Mendoza said.

In a TV interview on Thursday, Tulfo said one of the reasons there was an influx of Chinese workers in the country was because companies preferred them over Filipino workers.

‘Insensitive, unpatriotic’

He said Chinese workers were more diligent, more focused at work and finish the job quicker.

For Mendoza, such a characterization was “offensive, insensitive and unpatriotic.”

“We urge Mr. Tulfo to immediately apologize to the Filipino workers and retract these statements before many would come to believe so,” he said.

In an interview with the Inquirer on Friday, Tulfo, however, refused to apologize for his statement, pointing out that he was merely “expressing an opinion” based on the feedback given to him by the private sector, especially those belonging to the construction industry.

Rather than criticize him, Tulfo said this should serve as a “wake-up call” to Filipino workers for them to improve their work ethic.

“Why is it that when a Filipino works abroad, he works harder than his countrymen in the Philippines. Why are OFWs (overseas Filipino workers) preferred in other countries but in our hometown [some] are not as efficient as their rivals, like the Chinese?” Tulfo said.

“That’s the Filipino enigma. Whenever we go to another country, we follow their laws to the letter but when we are in our country, we violate our laws,” he added. - By: Jovic Yee - Reporter / @jovicyeeINQ

Duterte certifies ‘end to endo’ bill as urgent

He cited the need to immediately enact Senate Bill 1826, titled “An Act Strengthening Workers Right to Security of Tenure,” in a letter to Senate President Vicente Sotto III dated Sept. 21.

MANILA, Philippines — MANILA, Philippines — President Duterte has certified as urgent a bill that seeks to prohibit contractualization and labor-only contracting, practices that he said are causing poverty and underemployment in the country.

He cited the need to immediately enact Senate Bill 1826, titled “An Act Strengthening Workers Right to Security of Tenure,” in a letter to Senate President Vicente Sotto III dated Sept. 21.

The President said the measure would strengthen workers’ security of tenure by prohibiting the “prevalent” practices of contractualization and labor-only contracting, describing these as something that “continue to immerse our workers in a quagmire of poverty and underemployment.”

“It is now certified urgent by the President, in line with his promise to put an end to endo (end of contract),” presidential spokesman Harry Roque said at a press briefing yesterday.

When the president certifies a bill as urgent, it will not be covered by the rule which states that a measure can only be approved on final reading three days after its approval on second reading.

The House of Representatives approved its version of the bill last January.

Roque said the Senate version aims to bar all forms of labor-only contracting and does not exempt contractors with huge capital.

Under the bill, there is labor-only contracting if the job contractor, whether licensed or not, merely recruits, supplies or places workers to a contractee, whether he has substantial capital or investment.

If the bill is enacted, companies would have to hire employees directly and could no longer source workers from employment agencies.

“This effectively repeals the provision of the Labor Code that permits labor-only contracting as long as the company has enough capital and assets,” Roque said.

Labor groups are becoming more optimistic that the country is closer to ending illegal short-term employment.

“We are near the goal. It’s closer than it has ever been, but we still have some work to do. The Senate has been given a directive to craft a law that will end contractualization. We must see this through and ensure that the proposed measure shall address the weaknesses of existing laws on security of tenure,” said labor coalition Nagkaisa chairman Sonny Matula.

He said the workers’ campaign to eradicate the endo scheme and other illegal forms of contractualization got a big push after Duterte certified the security of tenure bill as urgent.

“Labor’s persistence has so far paid off. Our relentless efforts have shown dividends. After more than two years, the Duterte administration has finally made a big step towards the fulfillment of a campaign promise,” Matula noted.

To ensure that legislators act on the certification, he said labor groups would mount more rallies to ask the lawmakers to pass the bill at the soonest time.“With the election season fast approaching, the Senate and House of Representatives, voting separately, are under pressure to ratify the harmonized version and submit the law for the President’s enactment,” Matula said. The Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) also lauded Duterte for certifying as urgent the security of tenure (SOT) bill, which was already approved by Congress on third reading.

Gerard Seno, ALU-TUCP national executive vice president, said the certification of the SOT bill is definitely a positive vibe to workers whose morale has been low due to rising cost of living.“We pray that it will be passed by Congress consistent with the presidential promise instead of being watered down by the corporate vested interests which are overrepresented in Congress,” he said.TUCP party-list Rep. Raymond Mendoza said the certification from the President is an early Christmas gift for workers who continue to struggle in making both ends meet.

Labor Secretary Silvestre Bello III claimed that DOLE has long recommended the need to certify the SOT bill as urgent.

“We are now looking forward to the better implementation of regulation ensuring security of tenure of workers with the expected passage of the SOT bill,” he said.Labor Undersecretary Joel Maglunsod hopes that the bill will be passed by November, if not early next year.– Alexis Romero (The Philippine Star) With Mayen Jaymalin

TUCP petitions for P320 basic pay increase in Metro Manila

One of the country’s largest labor centers on Thursday demanded a P320 across-the-board increase in the daily minimum wage for all private sector workers in Metro Manila.

The Trade Union Congress of the Philippines (TUCP) said the current basic pay of P512 was not enough for a Metro Manila household with at least five members to live decently.

If approved, the petition that the TUCP filed in the Regional Tripartite Wages and Productivity Board would bring the minimum wage in the National Capital Region to P832.

This will “help restore the purchasing power of their wages, to cover the further increases in prices of basic goods and services, and to compensate their contribution to the improvement of the regional and national economy,” the group said.

TUCP, which is also a party-list group in the House of Representatives, wants the P320 adjustment in the minimum wage legislated across the board and implemented in all regions. It earlier filed a bill setting the floor pay at between P576 and P832.

Another House bill, filed by lawmakers belonging to the Makabayan bloc, sets a P750 basic wage nationwide to help workers cope with soaring prices.

Survival wage

In a statement, TUCP said its proposal for a daily wage of P832 was still a “survival wage.”

The group cited the rising costs of rice, fuel, sardines, school supplies, education, medical support, transportation, and other goods and services due to the Tax Reform for Acceleration and Inclusion (TRAIN) Act, oil price increases and weakening of the peso.

Since Jan. 1, the TRAIN Act has raised the cap for tax-exempt income to P250,000 yearly, but it imposed an excise on products like fuel, sugar-sweetened beverages and tobacco.

Decent living

This will “help restore the purchasing power of their wages, to cover the further increases in prices of basic goods and services, and to compensate their contribution to the improvement of the regional and national economy,” the group said.

TUCP, which is also a party-list group in the House of Representatives, wants the P320 adjustment in the minimum wage legislated across the board and implemented in all regions. It earlier filed a bill setting the floor pay at between P576 and P832.

Another House bill, filed by lawmakers belonging to the Makabayan bloc, sets a P750 basic wage nationwide to help workers cope with soaring prices.

Survival wage

In a statement, TUCP said its proposal for a daily wage of P832 was still a “survival wage.”

The group cited the rising costs of rice, fuel, sardines, school supplies, education, medical support, transportation, and other goods and services due to the Tax Reform for Acceleration and Inclusion (TRAIN) Act, oil price increases and weakening of the peso.

Since Jan. 1, the TRAIN Act has raised the cap for tax-exempt income to P250,000 yearly, but it imposed an excise on products like fuel, sugar-sweetened beverages and tobacco.

Decent living

Last month, prices of basic goods and services rose to 4.6 percent nationwide, the highest in more than five years. In Metro Manila, the inflation was 4.9 percent.

Earlier, Socioeconomic Planning Secretary Ernesto Pernia had said that a family of five would need at least P42,000 a month to live decently.

The amount is “roughly equivalent to a P1,400 daily income, which means that P832 is still far from a decent daily wage but we will still appreciate it if the wage board will grant our present petition,” said Manuel Corral, TUCP vice president.

Poverty ‘true enemy’

TUCP also called on President Duterte to lead the fight against poverty.

“We remind the President that the question of wage policy is first and foremost in the minds of people now. Added to this is the question of addressing the problem of inflation and the quest of all for decent jobs,” said the labor center’s president, Raymond Mendoza.

The group reminded Metro Manila’s wage board that “the true enemy of our people is poverty.”

“This is not the time for ‘business as usual.’ A token wage adjustment at this time will just demean and further insult our people … Workers deserve better. They deserve justice now,” the TUCP petition said.

Several days ago, the three regional wage boards in the Visayas approved an increase of P13.50 to P41.50 in the daily minimum wage of workers in the private sector. The amounts are way below the demand of labor groups.

The adjustments will raise the minimum wage to up to P305 in Eastern Visayas, P365 in Western Visayas and P386 in Central Visayas. —TINA G. SANTOS

Labor group files P320 wage hike petition for Metro Manila workers

THE Philippines’ biggest labor group has filed a substantial P320 across-the board wage increase petition for the more than six million minimum wage earners in the National Capital Region (NCR) as inflation, which currently stands at 4.6 percent continues to erode the purchasing power of wages.

The Trade Union Congress of the Philippines (TUCP) filed the wage increase petition on Thursday before the Regional Tripartite Wages and Productivity Board (RTWPB)-NCR following a careful study on the effects of the inflation rate to minimum wage earners in Metro Manila and elsewhere in the country.

“We call on President Duterte to lead from the front in the fight against poverty. We remind the President that the question of wage policy is first and foremost in the minds of people now. Added to this is the question of addressing the problem of inflation and the quest of all for decent jobs,” said TUCP president and partylist Rep. Raymond Mendoza.

The group pointed out that a P320 daily wage increase would bring the minimum wage in NCR to P832 from the existing P512 daily minimum wage to enable a family of five to survive.

NEDA Secretary Ernesto Pernia said that a family of five would need at least P42,000 a month to live decently, which is roughly equivalent to P1,400 daily income.

TUCP vice president Manuel Corral noted that P832 was still “survival wage” as it was way below the P1,400 projection of NEDA, giving the soaring prices of basic commodities and cost of services.

“That is still far from a decent daily wage but we will still appreciate it if the wage board will grant our present petition” he added. WILLIAM B. DEPASUPIL

Nagkaisa hails passage of Security of Tenure Bill

SECURITY OF TENURE. The House of Representatives passes the security of tenure bill on 3rd reading. File photo by Ben Nabong/Rappler

Labor Coalition Nagkaisa! is satisfied over the passage on third reading of HB 6908 on the Security of Tenure at the House of Representatives.

Nagkaisa! said that “the SOT bill is a great improvement to existing legislation as it gives more teeth to the government by providing penalties for those who will violate the security of tenure laws.”

“This is the farthest a proposed law on SOT has gone for decades,” said Nagkaisa! “Now, it’s time to get the Senate moving on their proposed SOT measure.”

“HB 6908 gives more flesh and blood to the guaranteed right to security of tenure,” Nagkaisa! said. “It’s not perfect or ideal, but we can live with it,” said Nagkaisa!, the largest labor coalition in the country.

Fear of employers allayed

Nagkaisa! also addressed fears of employers who went on record saying that they will have a “big problem” if the proposed measure was passed. “If the big problem employers have about HB 6908 refers to the potential cutbacks in the windfall of profits a number of employers have been amassing through the massive abuse of workers via contractualization for decades, the bill intends to do just that,” Nagkaisa! said. “Employers who do not abuse workers through contractualization have nothing to fear,” Nagkaisa! added.

“Never in the history of employment relationship in the country has workers enjoying regular employment and implementation of strict rules in labor contracting been detrimental to the economy and job generation,” Nagakaisa! said.

“Job generation is a function of the development of sectors of the economy influenced by economic policies of the government, and not by labor contracting practices,” Nagkaisa explained.

A “serious problem” employers noted is that if the SOT bill becomes a law, it will be detrimental to the economy and job creation. Nagksaisa! countered the argument. “Workers with regular employment generate more income, thus, with more purchasing power contribute to increasing demand in goods and services that lead to higher income taxes and VAT for the government. These are all good for the economy,” said Nagkaisa.

“The fear that the HB can lead to unemployment is only possible if they are not paying their contractual employees what the law currently demands. In other words, their argument is an admission that they are doing business at the expense of workers’ rights – and they want to continue doing so,” Nagkaisa! added.

The recent statement by the employers didn’t specify which provisions of the bill they strongly disagree with.

Nagkaisa! said it was grateful to Labor Committee Chair Rep. Randolph S. Ting  who steered the discussions and Rep. Raymond Mendoza of TUCP Partylist and Rep. Tom Villarin of Akbayan Partylist who co-authored the SOT Bill and helped defend it together with Nagkaisa.

Security of tenure bill remains imperfect—labor coalition

Rappler photo

THE country’s largest labor coalition on Thursday called on lawmakers to add more teeth to House Bill (HB) 6908, also known as the security of tenure bill.

In a news statement, the Nagkaisa labor coalition said the new legislation is still imperfect since it still allows some forms of contractual labor.

Nagkaisa, however, threw its support behind the legislation, which it said is already a step toward finally providing better protection to contractual workers.

“The marked improvement in its provisions would surely address to a great deal widespread use of contractual labor in the country and, thus, strengthening workers’ security of tenure and the exercise of their right to organize and collectively bargain compared to the present laws and regulations pertaining to labor contracting,” Nagkaisa said.

On Tuesday the House of Representatives approved on second reading HB 6908.

Among the salient points of the legislation is its prohibition of subcontracting of jobs already contracted out by principal employers and any form of fixed-term employment.

It will imposes a fine, ranging from P30,000 to P5 million, on labor contractors who will violate its provisions.

Nagkaisa thanked the House Committee on Labor and Employment and the representatives of the Trade Union Congress of the Philippines (TUCP) and Akbayan party-lists, and the coauthors of HB 6908 for supporting the bill.

The group is now urging the Lower House and the Senate to add stiffer penalties for employers who will violate the provisions of HB 6908.

“We call on the Senate to introduce more prohibitive provisions in their version of bills pertaining to security of tenure, so as to further improve what HB 6908 has achieved,” Nagkaisa said.

Almost 2 million workers are expected to benefit from HB 6908 once it takes effect.

In a text message, Federation of Free Workers, a member of Nagkaisa, said it will also hold rallies and forums in the coming weeks to gain public support for the bill.

Aside from the legislative measures, members of Nagkaisa are also set to meet with President Duterte next month to discuss the new EO, which is expected to further restrict contractualization in the country.

“Malacañang said [a] meeting is expected to take place on February 9,” Labor Secretary Silvestre H. Bello III, for his part, said.

Associated Labor Union-TUCP, another Nagkaisa member, said they will urge the President to finally sign the new EO during the meeting.

The meeting was originally scheduled in December 2017, but was later reset due to Duterte’s busy schedule that time.

Nagkaisa is a coalition of 40 major labor groups in the country. - By Samuel P. Medenilla - January 25, 2018

Labor group welcomes House bill vs. “endo”

PASSED ON 2ND READING

Rappler photo

The Trade Union Congress of the Philippines (TUCP) welcomed on Thursday the passage of House Bill 6908, or the proposed “Security of Tenure Act,” on second reading at the House of Representatives.

While it does not completely eradicate the practice of “end of contract” or “endo,” TUCP president and Rep. Raymond Mendoza said the bill paves the way for stringent hurdles before a job contractor can register. It also imposes heavier fines for violators.

HB 6908 makes it easier to declare a contractor as practicing illegal “labor-only” contracting or LOC.

A contractor can be deemed as engaging in endo based on any of the following criteria: no substantial investment, tools or equipment; and no handle on workers’ methods and means of accomplishing work.

“If declared LOC, the principal employer shall be responsible to the workers as if he directly employed them,” Mendoza noted.

“Under the proposed bill, it will be simpler to go after the contractor. This will ensure regularization of anywhere from 2 million to 6 million workers,” he said.

Fixed-term employment and further subcontracting work that has already been contracted out will be prohibited.

Mendoza said the TUCP wants workers to be regularized under the principal employer, not under the agency or contractor.

“The agency is only the vehicle used by the employers to avoid their legal, social and financial obligations towards their workers. We all need to help regularize more workers to make our society more fair and equitable,” he said.

TUCP also welcomed Labor Secretary Silvestre Bello III’s announcement that President Rodrigo Duterte will soon issue an executive order against endo.

Passed on January 23, HB 6908 makes both the employer and contractor liable if the contractor fails to pay the wages, allowances, and benefits of employees.

The bill also requires “just cause” to terminate the services of a regular employee. It defines an employee as one hired for an indefinite period.

Relievers, project, and seasonal employees will also get the same rights as regular employees during their contract period. —Rie Takumi/VDS, GMA News

Labor groups hope Duterte’s new EO will ban all forms of contractualization

Workers putting a final retouch to the building construction at the Global City. (photo by: NONOY LACZA)

The country’s largest labor groups are hoping that a new executive order (EO) set to be signed by President Duterte this month will finally prohibit all forms of contractualization, as what they sought in their draft EO that was submitted to Malacañang last year.

“The EO must end abusive contractualization, reverse the epidemic of contractual work, bring about inspections and punishment of workplace violators and ensure regularization of millions of workers,” Party-list Rep. Raymond T. Mendoza of the Trade Union Congress of the Philippines (TUCP) said.

Mendoza issued the statement following the announcement of the Department of Labor and Employment (DOLE) on Wednesday that the new EO approved by labor and employer’s groups is expected to be signed by Duterte before the end of the month during his meeting with labor leaders.

In a phone interview, Labor Undersecretary Joel B. Maglunsod said they already invited at least 25 labor leaders to participate in the meeting with Duterte.

This was confirmed by Associated Labor Union-TUCP Spokesman Alan Tanjusay, who said their association will be among the groups that will send a representative to the said dialogue. “However, the invitation still has no specified date,” Tanjusay said.

The DOLE earlier said the current draft of the new EO will still allow the practice of contractualization, but prohibit labor-only contracting and subcontracting.

Mendoza, who is also a member of the labor coalition Nagkaisa, maintained that allowing contractualization is a violation of the campaign promise made by Duterte to eliminate the controversial work scheme.

“We in TUCP and the Nagkaisa labor coalition request that both Malacañang and the DOLE listen carefully to workers so that the EO to be signed by President Duterte faithfully reflects his oft-repeated campaign promise to free millions of Filipino workers from the bondage of oppressive and unjust short-term work,” Mendoza said.

Tanjusay said they already requested for a copy of the EO on contractualization to check if it is consistent with their draft, which they submitted to the Office of the President last year. The new EO was supposed to augment or replace DOLE’s Department Order 174, which was implemented last year.

It was opposed by labor groups for still allowing the practice of contractualization, but subject to more regulation. Tanjusay said they plan to contest the content of the EO if it will still allow contractualization. - By Samuel P. Medenilla

TUCP nominee takes oath as new House member

TUCP Rep. Raymond Democrito Mendoza

The nominee of the Trade Union Congress of the Philippines (TUCP) party-list on Wednesday took his oath as the latest member of the House of Representatives.

During the day's plenary session, Majority Floor Leader Rodolfo Fariñas informed the chamber of its receipt of a Commission on Elections certificate of proclamation issued October 3, 2016, declaring the TUCP as a winner in last May 9's party-list elections.

House Speaker Pantaleon Alvarez then called up TUCP nominee Raymond Democrito Mendoza to take his oath of office.

Mendoza, who is from Barangay Poblacion in Liloan, Cebu, becomes the 295th name to be added to the roll of members of the House of Representatives. He was surrounded by fellow congressmen from Cebu province during the oath-taking. — Mark Merueñas/KBK, GMA News

Framework for the comprehensive management of hazardous and radioactive wastes pushed

The House of Representatives is set to approve on third and final reading a bill that would formulate a framework for the comprehensive management of hazardous and radioactive wastes.

The House Committee on Ecology, chaired by Rep. Amado S. Bagatsing (5th District, Manila), endorsed and sponsored House Bill 5585, which substituted House Bills 86, 393, 826, 1059, 2585 and 3191 authored, respectively, by Reps. Ma. Lourdes Acosta-Alba (1st District, Bukidnon), Susan A. Yap (2nd District, Tarlac), Marcelino R. Teodoro (1st District, Marikina City), Neptali M. Gonzales II (Lone District, Mandaluyong City), Douglas S. Hagedorn (3rd District, Palawan), and Raymond Democrito C. Mendoza (Party List, TUCP).

"Despite all our laws scattered in different enactments and decrees, we need a comprehensive and consolidated law that will provide us with an effective hazardous and radioactive waste management framework, which would require an inter-agency coordination both in the national and local government to oversee and make inventory of hazardous waste creators and treatment, storage and disposal facilities," Yap said.

According to Yap, there are several laws on the management of hazardous and radioactive wastes. These include Presidential Decree 1152 or "The Philippine Environmental Code," which provides a basis for an integrated waste management regulation starting from waste source to methods of disposal, mandates specific guidelines to manage municipal wastes, sanitary landfill and incineration, and disposal sites in the Philippines.

Yap also cited Republic Act 6969, the "Toxic Substances, Hazardous and Nuclear Wastes Control Act," which responds to increasing problems associated with toxic chemicals and hazardous and nuclear wastes, and Presidential Decree 984 (Pollution Control Law), PD 1586 (Environmental Impact Assessment System Law), RA 8749 (Clean Air Act); and RA9003 (Ecological Solid Waste Management Act), which require hazardous waste management.

As for RA9003, Yap said while it was lauded as a landmark legislation on proper handling of solid waste, it only went as far as defining hazardous wastes and leaving the management to the Local Government Units (LGUs) without providing sufficient enough guidance for the law.

Yap said if only there was already a law on the proper management and disposal of hazardous wastes, the 1996 Marcopper mining disaster in Marinduque would not have happened. The tragedy was one of the largest mining disasters in Philippine history that made headlines around the world, she noted.

"The discharge of mining tailings into the Boac River instantly killed the 27-kilometer long river, decimated the fish and other biodiversity in the habitat, buried at least one village underneath a toxic mud, depriving tens of thousands locals of their livelihood," Yap said.

In 2004, the Department of Environment and Natural Resources ((DSWD) registered 3,801 hazardous wastes generators, which produce 226 million tons of hazardous wastes annually. Meanwhile, the World Health Organization has estimated that, based on population projections, local healthcare waste could reach as much as 69.5 tons per day by 2050.

Just last July, the EcoWaste Coalition, an environmental non-government organization, raised the alarm on the presence of hazardous wastes dumped at Pier 18 of Manila composed of used computer hardware, chip boards, and cellular phones, which contain heavy metals that are toxic to humans.

"Our experience shows that a more comprehensive hazardous and radioactive wastes management is of extreme necessity in order to avert industrial disasters that could potentially destroy our environment and ecology, and ultimately, our people's health and safety," Yap said.

House Bill 5585, to be known as the "Hazardous and Radioactive Wastes Management Act," shall apply to the generation, possession, collection, recovery, reuse, storage, transport, treatment and disposal of hazardous and radioactive wastes in the country and shall cover the entry and transit into the Philippine territory of such wastes.

After formulating the criteria for identifying and listing of hazardous and radioactive wastes, the DENR shall prepare a National Hazardous and Radioactive Wastes Management Status Report (NHRWMS) in coordination with the Department of Health (DOH), the Philippine Nuclear Research Institute (PNRI) and other concerned agencies.

The NHRWMS Report shall be the basis in the preparation and formulating a framework that would embody the policies pursuant to the proposed Act.

The framework shall be adopted as the official blueprint for hazardous and radioactive wastes management with which all relevant government agencies must comply.

The measure creates an Inter-agency Technical Advisory Council for purposes of policy integration, harmonization and coordination of functions.

Aside from provisions of rewards and incentive schemes, the measure also provides liabilities, prohibitions, fines, damages and penalties, administrative sanctions, citizen suits and Strategic Legal Action Against Public Participation.

The DENR, the DOH and the PNRI, shall promulgate the implementing rules and regulations, in consistent with other rules and regulations issued by relevant government agencies and instrumentalities relative to hazardous and radioactive wastes management.

In addition to its mandated functions, the Joint Congressional Oversight Committee created under Republic Act 9003 or the "Ecological Solid Waste Management Act of 2000" shall also monitor the implementation of this proposed Act.

Co-authors are Reps. Christopher S. Co (Party List, AKO BICOL), Rodel M. Batocabe (Party List, AKO BICOL), Agapito H. Guanlao (Party List, BUTIL), CesarV. Sarmiento (Lone District, Catanduanes), Anthony G. Del Rosario (1st District, Davao Del Norte), Victoria G. Noel (Party List, AN WARAY), Emi G. Calixto-Rubiano (Lone District, Pasay City), Belma A. Cabilao (1st District, Zamboanga Sibugay), Dan S. Fernandez (1st District, Laguna), Mel Senen S. Sarmiento (1st District, Western Samar), Eric L. Olivarez (1st District, Paranaque City), Rolando A. Uy (1st District, Cagayan de Oro City), Napoleon S. Dy (3rd District, Isabela ), Erico Aristotle C. Aumentado (2nd District, Bohol), Evelina G. Escudero (1st District, Sorsogon), Sol Aragones (3rd District, Laguna), Ansaruddin A.M. A. Adiong (1st District, Lanao Del Sur), Cheryl P. Deloso-Montalla (2nd District, Zambales), Joseller M. Guiao (1st District, Pampanga), Imelda R. Marcos (2nd District, Ilocos Norte), Alex L. Advincula (3rd District, Cavite), Dakila Carlo E. Cua (Lone District, Quirino), Isidro T. Ungab (3rd District, Davao City), Thelma Z. Almario (2nd District, Davao Oriental), Carlos M. Padilla (Lone District, Nueva Vizcaya), Frederick F. Abueg (2nd District, Palawan), Pedro B. Acharon, Jr. (1st District, South Cotabato), Nicasio M. Aliping, Jr. (Lone District, Baguio City), Magnolia Rosa C. Antonino (4th District, Nueva Ecija), Rosa Marie J. Arenas (3rd District, Pangasinan), Leopoldo N. Bataoil (2nd District, Pangasinan), Silvestre H. Bello III (Party List, 1 BAP), Anthony M. Bravo (Party List, COOP NATCCO), Lawrence Lemuel H. Fortun (1st District, Agusan Del Norte), Gwendolyn F. Garcia (3rd District, Cebu), Ana Cristina Siquian Go (2nd District, Isabela), Anthony V. Gullas Jr.(1st District, Cebu), Fernando L. Hicap (Party List, ANAKPAWIS), Mark Llandro L. Mendoza (4th District, Batangas), Victor F. Ortega (1st District, La Union), Leah S. Paquiz (Party List, ANG NARS), Mariano U. Piamonte, Jr. (Party List, A TEACHER), Terry L. Ridon (Party List, KABATAAN), Roman T. Romulo (Lone District, Pasig City), Estrella B. Suansing (1st District, Nueva Ecija), Randolph S. Ting (3rd District, Cagayan), Eulogio R. Magsaysay (Party List, AVE), Julliette T. Uy (2nd District, Misamis Oriental), Victor J. Yu (1st District, Zamboanga Del Sur), Sharon S. Garin (Party List, AAMBIS-OWA), Pablo R. Nava III (Party List, APPEND), Jonathan A. Dela Cruz (Party List, ABAKADA), Philip A. Pichay (1st District, Surigao Del Sur), Henry S. Oaminal (2nd District, Misamis Occidental), and Arthur R. Defensor, Jr. (3rd District, Iloilo).

SOURCE: Jazmin S. Camero, Media Relations Service-PRIB Media Relations Service, Public Relations and Information Bureau

House bodies approve bill creating a regulatory framework for LPG industry

LPG cylinder

The House Committees on Energy and Trade and Industry have reported out for floor deliberation a measure seeking to establish a regulatory framework for the safe operations of the Liquefied Petroleum Gas (LPG) industry.

House Bill 5617, which substituted House Bill 396 authored by Rep. Susan A. Yap (2nd District, Tarlac) and House Bill 756 filed by Rep. Arnel U. Ty (Party-list, LPGMA), also sets standards of conduct and codes of practice for the industry.

Hon. Susan A. YapYap said the measure, to be known as the "LPG Industry Regulation and Safety Act," would address quality and safety concerns and uphold the rights of consumers to freely choose the LPG brand they want to purchase.

"The LPG industry has already marked a significant portion in the market due to its high demand. Operating under a regulated downstream oil industry structure, it allows its market participants to engage in unfair and unsafe trade practices, hurting consumers and to a large extent, causing negative externalities to society," Yap said.

The measure establishes a regulatory framework for the importation, refining, refilling, transportation, distribution and marketing of liquefied petroleum gas (LPG), and the manufacture, requalification, exchange and swapping or improvement of LPC cylinders.

It also creates the LPG Monitoring and Enforcement Task Force to assist the Department of Energy (DOE) in monitoring and compliance standards inspection, and in the exercise of other powers and functions necessary to give force and effect to the proposed Act.

The bill mandates the DOE to deputize the Department of Trade and Industry (DTI) in the processing of the License to Operate for dealers and retailers, subject to the standards set in the proposed Act.

Under the bill, engaging in business without license to operate, engaging in business without accreditation, refusal or obstruction of inspection, failure to post license to operate, failure to submit reportorial requirements, illegal storage, failure to comply with product standards, adulteration, underfilling, illegal refilling, hoarding, unauthorized trading of LPG cylinders are prohibited and fined with a maximum of P500,000 for an individual and P1,000,000, for a corporation.

Upon prior consultation with the LPG industry participants and government agencies concerned, the DOE shall determine the mechanics, rules, and regulations needed for the implementation of a newly established Philippine LPG Cylinder Improvement Program with the objective of safeguarding and ensuring the safety of the consumers.

The measure also stipulates the monitoring and enforcement mechanisms for the LPG industry, specifically the reports and disclosures required to be submitted by the LPG industry participants to DOE, and the central database of LPG Industry Participants to be created by the DOE.

To enhance awareness among LPG consumers and end-users, the measure requires DOE and the DTI to disseminate information about the proposed Act.

A Joint Congressional Oversight Committee shall be created to monitor the implementation of the proposed Act.

The measure directs the effective coordination between the DOE and the DTI, and grants certain powers and functions to the DTI, the Department of Interior and Local Government (DILG), the Philippine National Police (PNP) and the local government units (LGUs) for the effective implementation of the proposed Act.

Aside from Yap, Ty and Reps. Reynaldo Umali (2nd District, Oriental Mindoro) and Mark Villar (Lone District, Las Piñas City), who chair the Committee on Energy and the Committee on Trade and Industry, respectively, other authors of the bill are Reps. Wilfredo Caminero (2nd District, Cebu), Walden Bello (Party List, AKBAYAN), Lawrence Lemuel Fortun (1st District, Agusan Del Norte), Felix William Fuentebella (4th District, Camarines Sur), Jesus Sacdalan (1st District, North Cotabato), Rosenda Ann Ocampo (6th District, Manila), Gwendolyn Garcia (3rd District, Cebu), Ann Hofer (2nd District, Zamboanga Sibugay), Celso Lobregat (1st District, Zamboanga City), Ma. Valentina Plaza (1st District, Agusan Del Sur), Rosemarie Arenas (3rd District, Pangasinan), Juliet Cortuna (Party List, A Teacher), Isagani Amatong (3rd District, Zamboanga Del Norte), Pryde Henry Teves (3rd District, Negros Oriental), Henedina Abad (Lone District, Batanes), Sherwin Tugna (Party List, Cibac), Silvestre Bello III (Party List, 1BAP), Michael Angelo Rivera (Party List, 1CARE), Isidro Ungab (3rd District, Davao City), Dakila Carlo Cua (Lone District, Quirino), JC Rahman Nava (Lone District, Guimaras), Mariano Piamonte, Jr. (Party List, A TEACHER), Leopoldo Bataoil (2nd District, Pangasinan), Leah Paquiz (Party List, ANG NARS), Juliette Uy (2nd District, Misamis Oriental), Jose Atienza, Jr. (Party List, BUHAY), Arthur Defensor, Jr. (3rd District, Iloilo), Jesulito Manalo (Party List, ANGKLA), Ronald Cosalan (Lone District, Benguet), Sonny Collantes (3rd District, Batangas), Arthur Yap (3rd District, Bohol), Antonio Lagdameo, Jr. (2nd District, Davao Del Norte), Jorge Almonte (1st District, Misamis Occidental), Raul del Mar (1st District, Cebu City), Cheryl Deloso-Montalla (2nd District, Zambales), Jonathan Dela Cruz (Party List, ABAKADA), Benhur Salimbangon (4th District, Cebu), Samuel Pagdilao (Party List, ACT-CIS), Raymond Democrito Mendoza (Party List, TUCP), Rogelio Espina (Lone District, Biliran), Jose Tejada (3rd District, North Cotabato), George Arnaiz (2nd District, Negros Oriental), Carlos Isagani Zarate (Party List, Bayan Muna), Neri Colmenares (Party List, Bayan Muna), and Fernando Hicap (Party List, ANAKPAWIS).

by: Jazmin S. Camero, Media Relations Service-PRIB

House okays National Mangrove Forests Conservation and Rehabilitation Act

The House of Representatives has approved on second reading a measure that provides for the conservation, reforestation, and rehabilitation of mangrove forests in the Philippines.

House Bill 5609 prohibits the cutting, uprooting or destroying of any mangrove tree, dumping of waste within mangrove reservation areas, construction or reclamation activity within mangrove reservation areas, or any other acts that will result in the damage or destruction of mangrove forests.

Violators shall be fined with not less than P200,000 but not more than P1 million, or with imprisonment for not less than six months but not more than six years, or both, and may also require to restore or compensate for the restoration of the damage, as determined by the court.

The bill substituted House Bills 460, 3525, and 4206 authored by Reps. Agapito Guanlao (Party List, BUTIL), Regina Reyes (Lone District, Marinduque) and Susan Yap (2nd District, Tarlac), respectively.

"The measure seeks to improve our marine ecosystems, ensure the food security of our people, preserve our biodiversity and prevent the extinction of various mangrove species, thus reduce disaster risks making our people resilient to the impacts of climate change, storm surges and tsunamis," Yap said.

Citing a report of Global Forest Watch, Yap, chairperson of the House special committee on reforestation, said the world lost 192,000 hectares of mangroves from 2001 to 2012, a total loss of 1.38 percent since 2000 or 0.13 percent annually. She also cited an assessment conducted by the International Union for Conservation of Nature stating that more than one in six mangrove species are at risk of becoming extinct.

She said the bill is very timely because mangroves can contribute to climate change mitigation due to their enormous carbon-storage potential, which is said to be higher than ordinary trees. "An Earth Watch study reported that a hectare of mangroves can sequester 1.36 tons of carbon in a year which is equal to the emissions of six cars per year," Yap said.

Yap said the country's experience with Typhoon Yolanda highlighted the important role that mangroves play as natural bio-shields for vulnerable coastal communities. "Mangrove forests provide protection against storm surges as well as tsunamis. A mangrove stand of 30 trees per 0.01 hectare with a depth of 100 meters can reduce the destructive force of a tidal wave by up to 90 percent," Yap said.

According to Yap, the allocation for mangrove rehabilitation under the National Greening Program has been increased from P347 to P1 billion in the aftermath of Typhoon Yolanda.

"However, the National Greening Program is ending in 2016, and without sufficient funding, all our efforts to rehabilitate the mangrove forests in the country cannot be sustained beyond 2016," Yap said.

The measure shall establish and set aside all coastal areas in each municipality portions of land solely for the conservation, protection, reforestation and rehabilitation of mangrove forests.

Under the measure, the local government units (LGU's), together with the Provincial Environment and Natural Resources Office (PENRO) and the Bureau of Fisheries and Aquatic Resources (BFAR) local office, where the mangrove areas will be located, shall take the lead in the identification, survey, zonification and mapping of all mangrove areas, segregating areas that are still forested, severely denuded or degraded including abandoned, undeveloped and underutilized fishponds.

All natural stands of mangrove forests and regenerating abandoned ponds shall automatically form part of the reservation areas.

Attached to the DENR, a National Steering Committee for the Conservation and Rehabilitation of Mangrove Forests (NSCCRMF) shall be established, to review existing policies and conduct studies on mangrove forest and its conservation, among its powers and functions.

A National Mangrove Forests Conservation and Rehabilitation Plan (NMFCRP) shall be formulated by the National Steering Committee (NSC) which contain an inventory of the status of all mangrove forests all over the country, fishponds, identification of mangrove reservation areas for each province, city and municipality, and operational plan for rehabilitation, among others.

The measure shall also establish a Local Steering Committee for the Conservation of Mangrove Forests (LSCCRMF), with Local Mangrove Forests Conservation and Rehabilitation Plan, as well.

In order to secure the mangrove reservation area from illegal and destructive activities, the Local Steering Committee (LSC) and the LGU shall employ the services of forest guards or LGU's deputize members of people's organizations as mangrove reservation area forest guards who shall be tasked with the responsibility to guard and police the areas.

The DENR shall formulate and institute appropriate mechanisms for proper valuation and fair and comprehensive pricing of ecosystems services provided by mangrove forests, which shall be the basis of the Local Steering Committee for charging on the use of the ecosystem services such as eco-tourism, permits for fishing boats, docking fees and carbon trading.

Created Special Account for Mangrove Management and Mangrove Conservation and Rehabilitation Fund shall be managed by the National Steering Committee (NSC) and its disbursement shall be made solely for the protection, maintenance, administration, and management of mangrove forest areas, operational expenses of the NSC, and for the expenses on the preparation of the National Mangrove Forests Conservation and Rehabilitation Plan (NMFCRP), duly approved projects endorsed by the NSC.

Other co-authors are Reps. Aleta Suarez (3rd District, Quezon), Deogracias Ramos, Jr. (2nd District, Sorsogon), Gary Alejano (Party List, MAGDALO), Joseph Stephen Paduano (Party List, ABANG LINGKOD), Maria Valentina Plaza (1st District, Agusan Del Sur), Victor Yu (1st District, Zamboanga Del Sur), Xavier Jesus Romualdo (Lone District, Camiguin) Raymond Democrito Mendoza (Party List, TUCP) and Mylene Garcia- Albano (2nd District, Davao City). - By: Jazmin S. Camero, Media Relations Service-PRIB

Palace warns vs ‘opportunists’ who may sow dissent

Watch out for “opportunist groups.”

Malacañang aired this warning as it called on groups planning a justice march for the martyred 44 commandos of the Philippine National Police-Special Action Force (PNP-SAF) this Sunday to remain vigilant against the possible infiltration by a desperate few instigating a military-backed uprising against President Aquino.

Presidential Communications Operations Secretary Herminio Coloma Jr. said the government upholds the people’s freedom of expression but would not tolerate any action that violates the Constitution.

“While we join the commemoration of the heroism of the PNP-SAF44, it is important to be vigilant and watchful of groups that want to take advantage of the grief and use the opportunity to pursue their dubious goal,” Coloma said in a press briefing.

“Let’s observe that in the past days, there have been calls for the resignation of the President coupled with coup threats and other destabilization efforts. These opportunist groups have even used the 29th anniversary of the EDSA People Power Revolution as an occasion to call on the public to wield people power against the government,” he added.

The Philippine National Police Academy Alumni Association, Inc. (PNPAAAI) had earlier announced plans to hold a “March for Justice for SAF 44” on March 8. The organizers have already issued guidelines to keep the nationwide activity non-partisan and focus on the demand for justice for the slain troopers.

During the EDSA anniversary rites, President Aquino lashed out at desperate groups riding on the Mamasapano incident to derail the peace process.

He lamented that these groups merely criticize the government but do not present alternative solutions to the problem.

Coloma said these groups do not want peace because they will benefit from chaos and violence.

“The government appeals anew for calm and reason.”

‘DAY OF HEALING’

At the Lower House, a group of lawmakers filed House Resolution No. 1952 seeking to declare March 6, 2015, a National Day of Healing for Unity and All-Out-Peace, All-Out-Justice in commemoration of the 40th day of the Mamasapano massacre.

Led by former Justice Secretary and 1-BAP partylist Rep. Silvestre Bello III, the group asked the 290-man Lower Chamber “to lead this nation’s call for calm and sobriety amidst these troubled times, and in unity with the independent efforts of our peace-loving citizens’ peace advocacies and to commemorate the thousands of lives lost from decades of armed conflict in Mindanao.”

“This unfortunate incident has likewise caused a national divide threatening to polarize the country and its peace-loving people, with some sections issuing condemnation, hasty judgment and espousing bloody retaliation and all-out war,” the three-page resolution said.

Joining Bello in filing the resolution are AKBAYAN partylist Rep. Ibarra Gutierrez III, Quezon City Rep. Jose Christopher Belmonte, Zambales Rep. Cheryl Deloso-Montalla, Gabriela Rep. Luz Ilagan, Sorsogon Rep. Deogracias Ramos Jr., Camarines Sur Rep. Maria Leonor Gerona Robredo, AMIN party-list Rep. Sitti Djalia Turabin-Hataman, TUCP party-list Rep. Raymond Democrito Mendoza, and Lanao del Sur Rep. Pangalian Balindong.

The lawmakers cited that civil society groups, peace movements and communites across the country have started to unify in a gathering of peace advocates calling for “All-Out-Peace, All-Out-Justice,” which will culminate on the 40th day of the tragic Mamasapano anti-terror raid last Jan. 25.

“In order to maintain calm and sobriety in these tension-filled times and arrive at an objective and impartial result to the ongoing investigation on the Mamasapano incident, there is an imperative and urgent need to pause and re-assess our common aspirations to bring peaceful solutions to our nation’s problems,” the group said. -by Genalyn D. Kabiling & Charissa M. Luci , Manila Bulletin

BBL won’t benefit MILF alone

I have read the draft of the Bangsamoro Basic Law (BBL), or House Bill No. 4994 in the House of Representatives and Senate Bill No. 2408 in the Senate. The bills were filed in both chambers of Congress in September last year after the draft was submitted by Malacañang.

The bill filed in the House was authored by pro-administration lawmakers. Among the Cebuano members of Congress, only TUCP party-list Rep. Raymond Democrito Mendoza signed as author. I don’t know if any of the Cebuano solons belatedly inserted their names as the bill’s sponsors. The Senate version didn’t have Sen. Sergio Osmeña III’s signature.

The bill was introduced in September or around four months before the Mamasapano, Maguindanao clash that killed 44 elements of the Special Action Force, 18 Moro Islamic Liberation Front (MILF) fighters and five civilians.

The emotional reaction to the deaths was pounced upon by the formerly moribund movement calling for the resignation of President Noynoy Aquino. It also led to some lawmakers withdrawing their support for the measure and demonizing the MILF in an obvious attempt to scuttle efforts to pass the BBL and jeopardize the peace talks between the Philippine government and the Moro rebel group.

I do not pretend to be an expert in the law so I will have to rely on the opinion of the members of Congress as to the constitutionality of some of the provisions of the BBL or the entire BBL itself. My actual impression while reading the BBL draft was that it can be used as model by those pushing for a federal government setup.

The passage of the BBL would demolish the current Autonomous Region in Muslim Mindanao (ARMM). The change of the name of the new Moro entity already gives away the BBL’s intention, which is to expand the territories currently encompassed by the ARMM and make the entity more autonomous. The entity will be known as Bangsamoro, which actually sounds like a state within the Philippine state.

In this sense, I was more interested on how much authority the “central government” is ceding to the Bangsamoro, especially in the maintenance of peace and order. I don’t see a problem with the creation of a Bangsamoro police force because it will still be under the Philippine National Police (PNP). National defense and security will still be provided mainly by the Armed Forces of the Philippines.

In sum, I expected government giving in to some of the demands of the MILF, after all that is what a peace negotiation is about. You win some, you lose some. I don’t think, however, that the draft BBL would be passed without revisions. That’s why it is a draft because it is not perfect. Its main test, of course, is constitutionality.

And here’s one point that the people should remember: the BBL is not about the MILF. It is wrong to assume that the BBL’s provisions are intended to benefit a particular group. The BBL is for the Bangsamoro people, or those who want to be part of a Bangsamoro entity. In a way, it is a gift of the Philippine state to the Moro people.

Mohagher Iqbal, the head of the MILF panel to the peace talks, mentioned this during the Senate hearing on the Mamasapano clash. Once the Bangsamoro entity is established, the MILF will transform itself into a political party. In a way, it will have the inside track in the elections that will follow, but other Muslim groups can form their own political parties to steal the initiative from the MILF.

When asked what MILF will do if it loses in the elections, Iqbal said, “e, di talo.” But that does not mean MILF would be able to take up arms again because by then its armed force will already be disbanded. - Bong O. Wenceslao / SunStar

House OKs bill protecting credit card holders

The House of Representatives has approved on third and final reading a bill that seeks to regulate the credit card industry to ensure fair and sound consumer practices and encourage competition and transparency to protect credit card holders. Unanimously approved on a vote of 178 with no negative votes was House Bill 5417 or the proposed Philippine Credit Card Industry Regulation Law that was listed in the legislative priorities of the House leadership.

Approved on Monday, the measure consolidates at least eight different measures providing for fair competition and fairness in the credit card industry.

Endorsed for plenary approval by the House Committee on Banks and Financial Intermediaries, HB 5417 also makes consumer credit readily available to all Filipinos “under conditions of fair and sound consumer practices.”

Batangas Rep. Nelson Collantes, committee chairman, said the bill also helps to guarantee that appropriate mechanisms are in place to protect and educate credit card holders.

Under the bill, the Bangko Sentral ng Pilipinas is mandated to supervise all credit card issuers and impose rules of conduct and standards of operation while imposing penalties for violation.

HB 5417 also provides for an efficient system for managing risk arising from credit card operations.
According to Collantes, the bill requires the credit card issuer to be transparent in their computation of all charges and fees while bars them from imposing over-the-limit fees without the consent of the cardholder.
The bill also provides confidentiality of cardholder information and establishes a period within which complaints on billing may be made and a period upon which the card issuer must reply.

Authors of the measure include Reps. Agapito Guanlao (Butil party-list); Rodel Batocabe (Ako Bicol party-list); Raymond Democrito Mendoza (TUCP party-list); Juliet Cortuna (A-Teacher party-list); and Mark Enverga (NPC, Quezon).

Guanlao said the bill lifts the “prohibitive” conditions and penalties imposed by banks and credit card companies on cardholders, especially for those who fail to settle their dues.

Authors said credit card users have increased tremendously since the 1990s, citing data from Metro Manila alone that as of December 2010, at least 6.7 million credit cards have been issued to Filipino consumers.
The bill provides that to ensure the vibrancy and efficiency of the credit card industry, the State shall institute appropriate mechanism to protect and educate credit card holders. (Ben R. Rosario) Tempo

Bill regulating credit card industry endorsed for plenary approval

The House Committee on Banks and Financial Intermediaries has endorsed for plenary approval a proposal to regulate the country's credit card industry to ensure conditions of fair and sound consumer credit practices, and to encourage competition and transparency that support a more efficient delivery of services.

The committee chaired by Rep. Sonny P. Collantes (3rd District, Batangas) approved House Bill 5417 or the proposed "Philippine Credit Card Industry Regulation Law," which substituted eight bills.

Collantes, also author of one of the substituted bills, House Bill 4861, criticized as "prohibitive" the conditions and penalties imposed by banks and credit card companies on cardholders, especially for those who fail to settle their dues.

"Inspite of this situation, data on card holders imply that consumers still rely on plastic money in times of dire need and for emergency expenditures. Moreover, the various methods employed by credit card companies to market and promote credit cards at times inhibit the consumers to scrutinize the terms, conditions and sanctions that will be imposed for delayed payments," said Collantes.

He said credit card users have increased tremendously since the 1990s, citing data alone from Metro Manila reveal that as of December 2010, at least 6.7 million credit cards have been issued to Filipino consumers.

This number represents a three percent yearly growth rate from 2007 to 2010 according to him. The data will still increase if the number of consumers amounting to roughly one million individuals with multiple credit cards will be included according to Collantes.

The bill provides it is the declared policy of the State to foster the development of the credit card industry as an indispensable tool in making consumer credit readily available to all Filipinos under conditions of fair and sound consumer credit practices, which are aligned with global practices, in promoting an efficient payments system and in encouraging competition and transparency that support a more efficient delivery of credit card services.

The bill also provides that to ensure the vibrancy and efficiency of the credit card industry, the State shall institute appropriate mechanism to protect and educate credit card holders.

The measure mandates the Bangko Sentral ng Pilipinas (BSP) to supervise all credit card issuers and acquirers through the following: issuance of rules of conduct or the establishment of standards of operation for uniform application to all institutions of functions covered, and the imposition of penalties in case of non-compliance therewith; conduct of examination as determined by the Monetary Board to determine compliance with laws and regulations; and overseeing to ascertain that laws and regulations are complied with. Moreover, the BSP may also limit and prohibit the charging of annual membership fees for credit cards, the bill provides.

In the exercise of its authority to limit and prohibit these fees, the Monetary Board shall be guided by the following: the purpose for the fees including the cost of production of the credit card; the service extended to card holders; the other charges and fees already imposed on credit cards; change in price level; and such other relevant criteria as the Monetary Board may adopt.

Another salient feature of the bill pertains to the appropriate manner of collection. The bill provides a credit card issuer may resort to all reasonable and legally permissible means to collect amounts due them under the credit card agreement. In the exercise of their rights and performance of duties, they must observe good faith, reasonable conduct and proper decorum and refrain from engaging in unscrupulous acts.

The bill also provides that a credit card issuer or collection agents shall not harass, abuse or oppress any person or engage in any unfair practices, as may defined by the BSP rules and regulations, in connection with the collection of any credit card debt.

The measure also requires know-your-client procedures in the exercise of proper diligence; provides for an efficient system for managing risk arising from credit card operations; provides the cardholder the authority to decline increase in their credit limit and the option to request for a credit limit adjustment subject to the approval of the credit card issuer; and provides for the circumstances under which disclosure of necessary information from the potential cardholders may be made.

Furthermore, the bill also requires the credit card issuer to be transparent in their computation of all charges and fees; prohibits imposition of over-the-limit fees without the expressed consent of the cardholder; provides for the confidentiality of cardholder information; and establishes a period within which complaints on billing may be made and the period upon which the card issuer must reply.

The provisions of Section 37 of Republic Act 7653, otherwise known as the "New Central Bank Act," shall apply to erring credit card issuers, acquiring banks, their directors and officers, including, but not limited to, the administrative sanctions that may be imposed, without prejudice to the criminal sanctions against the culpable persons provided in Section 25 hereof, for any willful violation of this law or any regulated rules, regulations, orders or instructions issued by the Monetary Board.

In addition, the violator shall face imprisonment of two to 10 years, or pay a fine of P50,000 to P200,000, or both, at the discretion of the court.

House Bill 5417 is in substitution of the following: House Bill 4861 authored by Reps. Collantes and Agapito H. Guanlao; HB 207 by Rep. Salvacion S. Ponce Enrile; HB 1031 by Rep. Roman T. Romulo; HB 1513 by Reps. Marcelino R. Teodoro, Elisa T. Kho, Christopher S. Co and Rodel M. Batocabe; HB 2043 by Rep. Evelina G. Escudero; HB 2551 Rep. Raymond Democrito C. Mendoza; HB 3563 by Reps. Mariano U. Piamonte, Jr., Julieta R. Cortuna and Collantes; and HB 5201 by Reps. Mark A. Villar and Gavini C. Pancho. - congress.gov.ph Rowena B. Bundang, Media Relations Service-PRIB

Order to license massage workers put on hold

Pinoy Hilot massage class in cooperation of TESDA and TUCP Party-list (file photo 2011)

CEBU, Philippines - The Department of Health has issued a three-year moratorium on its administrative order mandating the licensing of massage therapists.

The moratorium was issued to give ample time for the Technical Education and Skills Development Authority (TESDA) and DOH to harmonize the government's program for massage therapists in the country.

The moratorium took effect last month and will stay in place until December 2017.

Consul Robert Lim Joseph, secretary general of the Philippine Organization of Wellness Establishments and Resources, told The Freeman the DOH must have taken the organization’s opposition to the administrative order.

“We expect to meet the DOH Secretary next week,” Joseph said.

Last month, through TESDA-7, some spa and wellness operators in Cebu called for a congressional inquiry into the DOH order.

Administrative Order No. 2010-0034 dated December 10, 2010 entitled Revised Implementing Rules and Regulations Governing Massage Clinics and Sauna Establishments, provides that no person is authorized to practice massage as a profession without holding a valid Certificate of Registration issued by the Committee of Examiners for Massage Therapy and approved by the DOH. This has been in place since January 2011.

Joint Memorandum Circular 2015-001 of TESDA and DOH requires, at a minimum, massage therapists must have a National Certificate in Massage Therapy NC II issued by TESDA, which is valid during the moratorium period as a minimum requirement.

A composite team of TESDA and DOH experts will work out a process that would harmonize the implementation of training, assessment and certification/licensure of massage therapists.

This initiative of TESDA and DOH to harmonize the program on massage therapy is intended to attract more students to take the course and promote it as a viable career.

TESDA-7 Board Member Art Barrit, spokesman of the Associated Labor Union-Trade Union Congress of the Philippines (ALU-TUCP), said they have forwarded the requests for inquiry to TUCP Party-list Rep. Raymond Democrito Mendoza. — By Gregg M. Rubio/JMO (The Freeman)

Plastics industry stakeholders eye gradual shift to oxo-biodegradable alternative

The association of stakeholders in the plastics industry has proposed a gradual shift to an eco-friendly alternative to disposable plastic bags instead of phasing them out in one go.

Willy Go of the Philippine Plastics Industry Association (PPIA) made the suggestion at the technical working group hearing of the House ecology committee Thursday.

“Pagdating sa plastic na take-out bag or single-use bag, mas maganda kung i-phase out natin gradually, bigyan natin ng isang taon or panahong nakatakda para maubos ‘yung stocks, then mag-shift tayo sa oxo-biodegradable na plastic,” he said.

Go described oxo-biodegradable plastic bags as a cheap but more environmentally-friendly alternative to existing single-use plastic bags as it is only two to three percent more expensive than non-biodegradable plastics.

Due to its composition, oxo-biodegradable plastic bags degrade much quicker than its non-biodegradable counterpart, which can take hundreds of years to disintegrate to smaller pieces.

For his part, Jeremiah Sebastian of the Pollution Control Association of the Philippines suggested putting a minimum percentage of recycled component in manufactured plastic bags to entice manufacturers to buy used plastic bags.

“Since a minimum recycled component is required, magkakaroon ng demand for recycled plastic bags as a resource,” he said.

Sebastian observed that disposable plastic bags are considered low-value by the public in general because there is little value in recovering it.

Plastic bottles, in contrast, are deemed high-value by the several people since they can be sold to junk shops, he said.

“If we put some sort of value in plastic bags— such as it’s recyclable—and people realize there’s a value in recovering it, they’d eventually collect it by themselves,” Sebastian said.

At least five bills have been filed in the House of Representatives seeking to ban the sale and use of disposable plastic bags in business establishments. One of the proposals, House Bill 3153 authored by Rep. Raymond Democrito Mendoza, prohibits the importation, sale and use of plastic bags thinner than 15 microns.

Under Mendoza’s measure, establishments that use thin plastic bags, or those that do not provide an in-store plastic bag recycling program or require a deposit for the use of plastic bags face a penalty ranging from P100,000 to P500,000 depending on the number of times an offense has been committed.

House Bill 5379 filed by Nueva Ecija Rep. Estrellita Suansing, meanwhile, proposes to require retail stores that provide plastic bags to implement a plastic bag collection and recycling program.

The proposed “Plastic Bag Recycling Act” provides that stores giving out plastic carry-out bags to consumers as part of a purchase at retail will be required to establish an in-store recycling program for consumers to be able to return the bags they used.

According to Suansing, four to five trillion plastic bags are used worldwide each year, with billions ending up as waste that takes hundreds to thousands of years to disintegrate. — By XIANNE ARCANGEL, GMA News ELR

House passes bill preventing and controlling pollution from ships

The House of Representatives approved Monday night on third and final reading a measure that will prevent and control pollution from ships.

Rep. Amado S. Bagatsing (5th District, Manila), chair of the House Committee on Ecology, said House Bill 5377 should harmonize institutional arrangements concerning marine pollution and strengthen as well as complement the enforcement of existing related laws on marine pollution.

"The measure shall prevent or minimize marine pollution covering oily substances, harmful and toxic substances, garbage, sewage and other pollutants coming from ships and floating structures," Bagatsing said.

The measure also aims to implement the International Convention for the Prevention of Pollution from ships or Marpol 73/78, including its annexes and subsequent amendments, Bagatsing added.

The measure, to be known as "Prevention of Pollution from Ships Act," shall cover Philippine ships, wherever they may be found, and foreign-flagged ships, whether or not they are registered with state parties to the Convention.

It creates the Marine Pollution Adjudication Board with quasi-judicial powers to adjudicate marine pollution cases.

The measure streamlines jurisdiction, responsibilities and functions of Department of Transportation and Communication (DOTC), the Philippine Coast Guard (PCG), the Maritime Industry Authority (MARINA) and Philippine Ports Authority (PPA).

MARINA is vested with the right to exercise jurisdiction and regulatory control over Philippine ships.

PCG is given the sole and exclusive responsibility to enforce environmental pollution regions and standards over all ships operating within Philippine waters, ports and terminal facilities or harbors.

With corresponding penalties, the measure defines prohibited acts, among others, the discharge of oil, oily mixture, noxious liquid substances, and other harmful substances in packaged form, sewage, garbage from any Philippine ship or any other ship while within Philippine waters.

House Bill 5377 substituted House Bills 99, 484, 861, 947, 1932, 2664, 2967 and 3204 of Reps. Douglas Hagedorn (3rd District, Palawan), Rodolfo Biazon (Lone District, Muntinlupa City), Lawrence Lemuel Fortun (1st District, Agusan Del Norte), Francisco Ashley Acedillo (Party List, Magdalo), Gary Alejano (Party List, Magdalo), Gloria Macapagal-Arroyo (2nd District, Pampanga), Diosdado Macapagal Arroyo (2nd District, Camarines Sur), Rufus Rodriguez (2nd District, Cagayan de Oro City), Maximo Rodriguez, Jr. (Party List, ABAMIN), and Raymond Democrito Mendoza (Party List, TUCP). -  Jazmin S. Camero, Media Relations Service-PRIB - congress.gov.ph