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  • Group 1 - Sen. Grace Poe

Platform and Advocacies

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Sen. Grace Poe's platform currently builds on her father Fernando Poe Jr.'s social covenant, focusing on three major areas:

Poverty Alleviation
  • crop insurance for farmers
  • support for small businesses and negotiations through more accessible business permits
  • start of consultations for the legislation of Bangsamoro
  • focus of poverty efforts on the family as a basic social institution
Opportunities for All (especially children)
  • standardized feeding programs for children
  • support for independent film producers
  • increase of wages and benefits for teachers
  • strengthening of job matching for the youth
  • allocation of jobs for the people
Electoral Reforms
  • voter's education
  • strengthening of automated elections
  • prevention of electoral fraud
  • removal of restrictions on campaigning through the Internet

Her labor legislative agenda also includes more opportunities, skill development and growth for Filipino workers, employment security for the disabled and handicapped, and protection of workers in the informal sector. [1]

Poe also stresses the importance of female participation in government, having already filed a number of legislations for the benefit of women and children; she has also called for an investigation on the proliferation of cybersex dens that prey on children and women, and an inquiry on the condition of women detainees and prisoners.

"Effective leadership can be gleaned not just from the progress of a few but the advancement of the majority, especially of those who find themselves in the fringes," Poe said during a speech delivered at the Philippine International Convention Center (PICC) attended mostly by female leaders and entrepreneurs.

"It is important for women to have genuine meaningful participation in public affairs. Women leaders have an invaluable take on issues of public interest." [2]

Bills and Resolutions

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Bills

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Freedom of Information Bill

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Senate Bill No. 1733 or the People's FOI was passed with 22 affirmative votes from all senators present on its third and final reading last March 10, 2014, 21 years after it was first filed in congress. FOI implements a policy of full public disclosure of information on matters of public concern. Senator Grace Poe, the bill's sponsor and chair of the Senate Committee on People's Public Information and Mass Media stated that the measure aims to eliminate corruption in the bureaucracy by opening government transactions to the public and holding government officials accountable for their actions.[3] "The FOI will not only prevent graft and corruption but more importantly, our citizens will learn to get involved and participate in government matters," Poe said during her sponsorship speech.[4]

Under the measure, Poe said, Filipino citizens will have the right to request and be granted access to records or information that is under the control of government unless the information requested would jeopardize national security, foreign relations, law enforcement operations, trade and economic secrets, individual's right to privacy, privileged information as considered in judicial proceedings or information made in executive sessions of Congress and those that are covered by presidential privilege.These exemptions however, she said, shall not be used to cover up a crime, wrongdoing, graft or corruption, or other illegal activities.

On March 4, 2015, the bill passed the Committee on Appropriations; as of this date, it is awaiting 2nd reading. The Committee of Public Information of the House of Representatives has formed a technical working group (TWG) to expedite the passage of the house version.[5]

The President conceded that although he would not be marking the bill as urgent, he was confident it would become law by the time he steps down in 2016. “I regret I cannot certify it as urgent because the Constitution requires an emergency,” said the President, “but the assurance I think should be given, at this point in time, that it will be passed before the end of my term.”[6]

Sustansya sa Batang Pilipino Act of 2013

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Senator Grace Poe filed her first bill on July 1, 2013, which focuses on addressing the prevailing problem of hunger and malnutrition in the Philippines.

The Senate Bill No. 79, also known as the “Sustansya Para sa Batang Pilipino Act,” is an act instituting a comprehensive free lunch feeding program for all public elementary schools, including both kindergarten and high schools, in the Philippines. The program aims to provide “free nutritious meals” to public school students from kindergarten to grade six, five days a week, over a period of 120 days or about 6 months for five years.[7]

A total of P1.3 billion has been allocated for the feeding program to be implemented for the first time for school year 2015-2016 which is expected to benefit an estimated of six million malnourished children in the country.[8]

Philippine Film and Television Tourism Act of 2014

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Sen. Grace Poe urged the passage of the Film Tourism bill, an act establishing a framework for film and television tourism in the philippines, marketing the industry globally and providing employment for the sector and for other purposes. In sponsoring Senate Bill 2272, or the Film and Television Tourism Act of 2014, Poe said, "Films serve as a virtual brochure of a country. Tourists become inspired to experience the scene locations captured on films. From there, marketing opportunities are generated when the film is premiered, and, at the same time, other business opportunities also open through film tourism."

Poe, who also chairs the Senate committee on public information and mass media, proposed the creation of the Philippine Film and Television Tourism Authority (PFTTA), a one-stop-shop system for foreign film or television entities, to encourage producers to choose the country as their shooting destination and address industry concerns on ease of doing business. "Film tourism has been successful in boosting the tourism industry of other countries. We can also do it here if done properly. Our country is blessed with pristine white beaches and breathtaking landscapes and we have locations similar or even better than locations featured in A-list movies," Poe said. "We should take advantage of our beautiful scenery and use it as a tool for national development."[9]

Fresh Graduates Pre-employment Assistance Act of 2013

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In order to provide assistance to fresh graduates in their first year of transition to becoming productive members of the society, Senator Grace Poe filed a bill that will make it easier for fresh graduates to apply for jobs and allow them to obtain income for the first time. [10]

The Senate Bill No. 1216, or the "Fresh Graduates Pre-employment Assistance Act”, seeks to waiver the collection of pre-employment fees and other charges for fresh graduates seeking jobs. Under this bill, fees including the National Bureau of Investigation (NBI) Clearance, the Social Security System (SSS) Number, the Tax Identification Number (TIN), the certification from Local Government Units (LGU), and several other documents, will become free for fresh graduates under the condition that they apply within one year after graduating. [11]

In order to avail the waiver, the graduate should secure related school documents to serve as proof of graduation upon applying for a job. These documents should include the following: a copy of the ones diploma, and a certification or document from the academic or vocational institution one graduated from which certifies that one has truly completed the course. The documents should clearly state the name of the academic or vocational institution, the course completed or degree earned, the date of graduation or completion of the course, and should be signed by an authorized representative of the particular institution. [12]

“[This] is a simple measure that intends not only to provide relief but also to show the State's commitment to promote the interest of the youth," Poe said. [13]

The Free Mobile Disaster Alerts Act

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Written on February 19, 2014, Poe proposed a bill to address possible government shortcomings during Typhoon Yolanda, considered by the Philippine Atmospheric Geophysical and Astronomical Services Administration as one of the four most powerful typhoons recorded in the world. Although both local and national governments of said-to-be affected areas sent out several reminders and warnings to their residents, many of the victims still found there to be a lack of pre-disaster alerts.

Poe proposes for “telecommunications service providers to send free mobile emergency alerts in the event of natural and man-made disasters and calamities.”[14] Evidence supporting the practicality of Poe’s proposal is the daily recorded large volume of SMS traffic in the Philippines, as well as the high ranking of the country in the world for most number of mobile phone users, with 107 million as of October 2013. She mentions that this is also practiced in the United States, Australia, and the Netherlands.

As of March 10, 2014, the bill was consolidated in the committee report.

Bills

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Reference Title Description Date Filed Committee Status
SBN 2761 Mandatory Environment Insurance Coverage An Act requiring mandatory environment insurance coverage to promote ecological protection. May 11, 2015
SBN 2756 Revised Anti-Carnapping Act An Act providing for a revised Anti-carnapping Act, repealing for the purpose Republic Act No. 6539, otherwise known as the “Anti-Carnapping act of 1972." May 07, 2015 Public Order and Dangerous Drugs; Constitutional Amendments and Revision of Codes; Pending in the committee: May 11, 2015
SBN 2758 Artist's Welfare Protection and Information Act of 2015 An Act providing for an artists' welfare protection and information act', and providing funds for the purpose. May 07, 2015 Education, Arts and Culture; Cultural Communities and Ways and Means Pending in the committee: May 11, 2015
SBN 2688 Government Nurses Salary Upgrading Act An Act upgrading the minimum salary grade of government nurses from salary grade 11 to 15. Mar 11, 2015 Health and Demography; Civil Service and Government Reorganization; and Finance Pending in the committee: Mar 16, 2015
SBN 2689 Government Doctors Salary Upgrading Act An Act upgrading the minimum salary grade of government doctors from salary grade 16 to 24. Mar 11, 2015 Health and Demography; Civil Service and Government Reorganization; and Finance Pending in the committee: Mar 16, 2015
SBN 2578 Illicit Enrichment An Act penalizing the illicit enrichment of public officials and employees for acquisition of properties through unlawful means. Jan 21, 2015 Justice and Human Rights, Accountability of Public Officers and Investigations Pending in the committee: Jan 26, 2015
SBN 2506 PNP-IAS Reform An Act to strengthen the internal affairs service of the Philippine National Police, and for this purpose amending certain provisions of the PNP Law under Republic Act Sixty Nine and Seventy Five (RA 6975) as amended by Republic Act Eighty Five Hundred and Fifty One (RA 8551), and for other purposes. Dec 10, 2014 Public Order and Dangerous Drugs Pending in the committee: Dec 15, 2014
SBN 2503 Charter of the Public Assets Management Corporation of the Philippines An Act establishing the Public Assets Management Corporation of the Philippines, providing funds therefor and for other purposes. Dec 09, 2014 Government Corporations and Public Enterprises; Finance Pending in the committee: Dec 10, 2014
SBN 2485 Strengthening the Institutional Capacity of the Office of the Ombudsman An Act strengthening the institutional capacity of the Office of the Ombudsman by amending certain provisions of Republic Act 6770, otherwise known as "The Ombudsman Act of 1989," and providing funds therefor. Dec 03, 2014 Justice and Human Rights; Electoral Reforms and People's Participation; Ways and Means Pending in the committee: Dec 09, 2014
SBN 2481 Northern Mindanao Medical Center An Act to improve the facilities of Northern Mindanao Medical Center, amending for the purpose Republic Act no. 7938, appropriating funds therefor and for other purposes. Dec 01, 2014 Health and Demography; Finance Pending in the committee: Dec 03, 2014
SBN 2435 ICT Hub Act of 2014 An Act establishing an Information and Communications Technology (ICT) hub in every legislative district of the Philippines and for other purposes. Oct 20, 2014 Public Services; Local Government; Ways and Means; Finance Pending in the committee: Oct 21, 2014
SBN 2425 Amending Sections 6 & 8, Republic Acts No. 6770 (Ombudsman Act) An Act strengthening the Office of the Ombudsman through the further professionalization, improvement of skills and augmenting the living conditions of its employees, amending for the purpose Republic Act No. 6770, otherwise known as the "Ombudsman Act of 1989," and for other purposes. Sep 24, 2014 Justice and Human Rights; Civil Service and Government Reorganization; Finance Pending in the committee: Oct 20, 2014
SBN 2424 Protection of Watershed Supporting the National Irrigation Systems An Act for the protection, conservation and rehabilitation of watersheds supporting the National Irrigation Systems (NIS) to ensure continuous supply of water for agricultural production and self-sufficiency in food and providing funds for the purpose. Sep 23, 2014 Public Works Environment and Natural Resources; Ways and Means; Finance Pending in the committee: Sep 24, 2014
SBN 2363 Philippine National Police Reorganization and Modernization Act of 2014 An Act reorganizing and modernizing the Philippine National Police, providing funds therefor, and for other purposes. Aug 19, 2014 Public Order and Dangerous Drugs; Local Government; Finance Pending in the committee: Aug 19, 2014
SBN 2360 Sugar Industry Development Act of 2014 An Act promoting the diversification and sustainable development of the sugar industry, establishing the sugar industry development fund, and for other purposes. Aug 18, 2014 Agriculture and Food; Economic Affairs; Ways and Means; Finance Consolidated/Substituted in the committee report: Sep 09, 2014
SBN 2358 Anti-Discrimination Act of 2014 An Act prohibiting discrimination on the basis of ethnicity, race, religion or belief, sex or gender or sexual orientation, language, disability, educational attainment and other forms of discrimination and providing penalties for the purpose. Aug 14, 2014 Cultural Communities; Social Justice; Welfare and Rural Development; Finance Pending in the committee: Aug 18, 2014
SBN 2359 Fire Protection Modernization Act An Act ordaining the modernization of the Bureau of Fire Protection. Aug 14, 2014 Public Order and Dangerous Drugs; Finance Pending in the committee: Aug 18, 2014
SBN 2347 Amending Sections 1, 2, 4, 6, 7, 9 and 12, Forfeiture Law An Act strengthening the forfeiture powers of the state, amending for the purpose certain provisions of Republic Act No. 1379, otherwise known as "An Act declaring forfeiture in favor of the state any property found to have been unlawfully acquired by any public officer or employee," and providing for the proceedings therefor. Aug 07, 2014 Justice and Human Rights Pending in the committee: Aug 11, 2014
SBN 2348 Amending Sections 3514, 3601 and 3601, Tariff and Customs Code An Act amending Presidential Decree No. 1464, otherwise known as Tariff and Customs Code of the Philippines, to define smuggling as an act that constitutes economic sabotage, to provide the appropriate punishment and penalties, and for other purposes. Aug 07, 2014 Ways and Means Pending in the committee: Aug 11, 2014
SBN 2343 Treatment Center For Persons With Hemophilia An Act to assist persons with Hemophilia and other bleeding disorders, establishing for the purpose four (4) treatment centers in Metro Manila, Luzon, Visayas and Mindanao, providing funds thereof, and for other purposes. Aug 05, 2014 Health and Demography; Finance Pending in the committee: Aug 06, 2014
SBN 2325 Philippine Independent Film Incentives Act of

2014

An Act supporting the production of Philippine independent films by providing incentives to filmmakers who are given honors in notable international film competitions. Jul 28, 2014 Public Information and Mass Media; Ways and Means; Finance Pending in the committee: Aug 04, 2014
SBN 2326 Integrated Urban Agriculture Act of 2014 An Act promoting integrated urban farming to address food security concerns and livelihood opportunities and appropriating funds for the purpose. Jul 28, 2014 Agriculture and Food; Finance Pending in the committee: Aug 05, 2014
SBN 2310 Salary Increase for Teachers and Non-Teaching Personnel in the Elementary/Secondary Public Schools An Act to assist the living condition of Filipino teachers and non-teaching personnel in the public elementary and secondary schools by increasing their minimum monthly salaries, and appropriating funds for the purpose. Jul 15, 2014 Education; Arts and Culture; Civil Service and Government Reorganization; Finance Pending in the committee: Aug 04, 2014
SBN 2311 Enhanced Code of Conduct and Ethical Standards for Public Servants of 2014 An Act strengthening the code of conduct and ethical standards for public servants. Jul 15, 2014 Civil Service and Government Reorganization; Finance Pending in the committee: Aug 04, 2014
SBN 2271 Philippine Film and Television Tourism Act of 2014 An Act establishing a framework for film and television tourism in the Philippines, marketing the industry globally and providing employment for the sector and for other purposes. Jun 03, 2014 Public Information and Mass Media; Tourism; Ways and Means; Finance Pending second reading, special order:Jun 4, 2014

Committee report no.: 43 Date:Jun 3, 2014

SBN 2266 National Transportation Safety Board Act of 2014 An Act to promote cost-effective measures for the transport sector and commuting public providing for the creation of a National Transportation Safety Board, prescribing its powers and functions, and appropriating funds therefor. Jun 02, 2014 Civil Service and Government Reorganization; Public Services; Finance Pending in the committee: Jun 03, 2014
SBN 2267 Fisheries Code of 1998 An Act to further protect Philippine corals and other marine treasures, amending for the purpose sections 91 and 97 of Republic Act No. 8550, also known as "Philippine Fisheries Code of 1998." Jun 02, 2014 Agriculture and Food; Environment and Natural Resources Consolidated/Substituted in the committee report: Sep 22, 2014

Committee report no.: 76 Date:Sep 17, 2014

SBN 2219 Barangay Health Workers and Services Reform Act of 2014 An Act to improve and to promote quality delivery of health services in barangays, enacting the "Barangay Health Workers and Services Reform Act of 2014." May 08, 2014 Health and Demography; Local Government; Finance Pending in the committee: May 13, 2014
SBN 2755 First 1,000 Days Act An Act to protect Filipino mothers and children from malnutrition by establishing a maternal and child health care program and appropriating funds for the purpose. May 06, 2014 Health and Demography; Women, Family Relations and Gender Equality; Finance Pending in the committee: May 11, 2015
SBN 2162 Filipino Migrant Workers An Act to further assist Filipino migrant workers, amending for the purpose Section 10 of Republic Act No. 8042, as amended. Mar 04, 2014 Labor, Employment and Human Resources Developmen; Foreign Relations Pending in the committee: Mar 05, 2014
SBN 2153 Movie and Television Review and Classification Board of 2014 An Act enhancing the capabilities, mandate, and organizational structure of the Movie and Television Review and Classification Board (MTRCB), amending for the purpose Presidential Decree 1986. Mar 03, 2014 Public Information and Mass Media; Ways and Means Pending in the committee:Mar 05, 2014
SBN 2152 The Bill of Rights of Taxi Passengers An Act ordaining the Bill of Rights of Taxi Passengers. Mar 03, 2014 Public Services; Finance Pending in the committee: Mar 05, 2014
SBN 2142 Amending Republic Act No. 3844 (Agricultural Land Reform Code) An Act strengthening assistance to farmers, fisherfolk and agrarian reform beneficiaries by institutionalizing direct credit support to the sectors, amending Republic Act No. 3844, also known as "Agricultural Land Reform Code." Feb 25, 2014 Banks; Financial Institutions and Currencies Pending in the committee: Feb 26, 2014
SBN 2143 Local Music Industry Incentive Act An Act providing for tax exemptions and subsidies for the local music industry and amending certain sections of Republic Act No. 7160, also known as "Local Government Code of 1991." Feb 25, 2014 Local Government; Ways and Means Pending in the committee: Feb 26, 2014
SBN 2139 Amending Section 3 (Anti-Wiretapping Act) An Act amending certain sections of Republic Act No. 4200, otherwise known as an act to prohibit and penalize wiretapping and other related violations of the privacy of communication, and for other purposes. Feb 24, 2014 Public Order and Dangerous Drugs; National Defense and Security Pending in the committee: Feb 25, 2014
SBN 2129 The Free Mobile Disaster Alerts Act An Act mandating the telecommunications service providers to send free mobile alerts in the event of natural and man-made dsasters and calamities. Feb 19, 2014 Public Services Consolidated/ Substituted in the committee report: Mar 10, 2014
SBN 2089 Corporate Farming An Act promoting corporate farming and providing incentives for its effective implementation. Jan 28, 2014 Agriculture and Food Agrarian Reform; Ways and Means Pending in the committee: Jan 29, 2014
SBN 2090 Amending Sections 74 and 75 (Agricultural Land Reform Code) An Act strengthening and institutionalizing credit, guarantee and insurance support of the Land Bank of the Philippines to agrarian reform beneficiaries, small farmers and fisherfolk, amending for the purpose, Chapter IV of Republic Act 3844, also known as "Agricultural Land Reform Code." Jan 28, 2014 Banks; Financial Institutions and Currencies Pending in the committee: Jan 29, 2014
SBN 2044 Philippine Press Freedom Day An Act declaring November Twenty-Three every year as "Philippine Press Freedom Day." Dec 16, 2013 Public Information Pending in the committee: Dec 17, 2013
SBN 1987 Bakod Central Visayas Act of 2013 An Act establishing the Bakod Central Visayas commission for the aid, reconstruction, relief, rehabilitation, home rebuilding financing subsidy, livelihood generation and employment services, public infrastructure rebuilding, and heritage structures and tourism sites restoration for the victims and affected areas of the October 15, 2013 earthquake, appropriating funds therefor, and for other purposes. Nov 28, 2013 Finance Pending in the committee: Dec 04, 2013
SBN 1939 Electronic Publication Compliance Act of 2013 An Act prescribing electronic or online modalities for the promulgating of laws, resolutions, rules and other issuances, amending for the purpose Section 18, 24 and 25 Chapter 5, Book 1 of Executive Order No. 292, otherwise known as the Administrative Code of 1987. Nov 20, 2013 Public Information and Mass Media Pending in the committee: Nov 26, 2013
SBN 1710 School Bus Safety Act of 2013 An Act prescribing school bus safety standards and for other purposes. Sep 18, 2013 Public Services; Education; Arts and Culture Pending in the committee: Sep 24, 2013
SBN 1656 PWD-Friendly TV Programs by Mandating Closed Captions in TV Programs An Act to require all franchise holders or operators of television stations and producers of television programs to broadcast or present their programs with closed captions, and for other purposes. Sep 12, 2013 Public Information and Mass Media Consolidated/Substituted in the committee report: May 27, 2014

Committee report no.:32 Date: May 26, 2014

SBN 1421 Overseas Filipino Workers Credit Assistance Act of 2013 An Act establishing a credit assistance program for overseas Filipino workers (OFWs). Aug 29, 2013 Labor, Employment and Human Resources Development; Finance Pending in the committee: Sep 04, 2013
SBN 1283 Assistance to Indigent Cancer Patients An Act to assist indigent cancer patients and their families, establishing for the purpose a cancer assistance fund and for other purposes. Aug 14, 2013 Health and Demography; Social Justice; Welfare and Rural Development; Finance Pending in the committee: Sep 02, 2013
SBN 1282 Tulong Kabataan sa Agrikultura at Kabuhayan Act of 2013 An Act to encourage youth sector opportunities in agriculture, establishing for the purpose a 'tulong sa agrikultura at kabuhayan program', and for other purposes. Aug 14, 2013 Agriculture and Food; Education; Arts and Culture Pending in the committee: Sep 2, 2013
SBN 1239 K-12 Graduates to have Opportunities in PNP An Act broadening the opportunities of Filipino youth by allowing graduates of K-12 enhanced education in the Philippine National Police, amending for the purpose of the PNP Law, Republic Act No. 6975 as amended by Republic Act No. 8551. Aug 07, 2013 Public Order and Dangerous Drugs Pending in the committee: Aug 28, 2013
SBN 1215 Pilipinong Marino Act of 2013 An Act to protect the interest and welfare of Filipino seamen and sea-based migrant workers, establishing for the purpose a national seafarers aministration, appropriating funds and for other purposes. Aug 06, 2013 Labor, Employment and Human Resources Development; Finance Pending in the committee: Aug 28, 2013
SBN 1216 Fresh Graduates Pre-Employment Assistance Act of 2013 An Act providing assistance to fresh graduates by waiving government fees and charges collected in connection with documentary requirements for employment. Aug 06, 2013 Civil Service and Government Reorganization; Ways and Means Pending in the committee: Aug 28, 2013
SBN 1217 The National Comprehensive HIV and AIDS Prevention, Treatment, Care and Support Policy and Plan Act of 2013 An Act strengthening the Philippine Comprehensive Policy on Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (HIV-AIDS) prevention, treatment, care and support, establishing the Philippine National HIV-AIDS Plan, amending for the purpose Republic Act No. 8504, otherwise known as "the Philippine AIDS Prevention and Control Act of 1998", and for other purposes. Aug 06, 2013 Health and Demography; Education; Arts and Culture; Finance Pending in the committee: Aug 28, 2013
SBN 1092 Plain Writing for Public Service Act of 2013 An Act to enhance citizens' access by establishing a system in which government documents issued to the public must be written clearly, ordaining for the purpose a plain writing for Philippine Public Service Act and for other purposes. Jul 24, 2013 Civil Service and Government Reorganization; Finance Pending in the committee: Aug 14, 2013
SBN 78 Philippines Film Tourism Act of 2013 An Act promoting film tourism in the Philippines, marketing the industry globally and providing new employment opportunities in the sector, and for other purposes. Jul 01, 2013 Public Information and Mass Media; Finance Consolidated/Substituted in the committee report: Jun 4, 2014

Committee report no.:43 Date: Jun 03, 2014

SBN 79 Sustansiya sa Batang Pilipino Act of 2013 An Act instituting a free nutri-meals program to children enrolled in all elementary schools including kindergarten and high schools in the K-12 public education sector, providing framework for its meaningful implementation, appropriating funds therefor, and for other purposes. Jul 01, 2013 Education; Arts and Culture; Health and Demography; Ways and Means Pending in the committee: Jul 24,2013

Resolutions

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Reference Title Description Date Filed Committee Status
SRN 794 Cultural Heritage

(Road projects in

Benguet)

Resolution directing the Senate Committee on cultural communities and other appropriate Senate committee/s to conduct an omnibus study and eventual

updating, in aid of legislation, of existing policies concerning cultural heritage

in the light of the reported road projects in Benguet which allegedly desecrated recognized burial caves of the tribes of Ibaloy, Kankanaey and the Kalangaya

in the Cordillera

Jul 24, 2014 Cultural

communities

Pending in the

committee:

Aug 4, 2014

SRN 795 Heartbleed Bug

(online

information)

Resolution directing the Bangko Sentral ng Pilipinas and the Departments of

Science and Technology and of Trade and Industry to look into the "heartbleed"

bug, dubbed as the newest and biggest security flaw in the internet, which

threatens to steal vital online information such as usernames, passwords,

uploaded contents, and even credit card information

Jul 24, 2014 Banks,

Financial

Institutions

and

Currencies,

Science and

Technology

Pending in the

committee:

Aug 4, 2014

SRN 1374 Illegal Drugs Transactions Resolution urging the Senate Committee on Public Order and Dangerous Drugs to conduct an inquiry, in aid of legislation, regarding the prevalence of illegal drug transactions and/or use in bars and other party places resulting in the trafficking of persons and increased criminal incidents, aimed at reviewing existing policies in investigation, searches and seizures, and to recommend measures for the effective busts of criminal elements without causing disruption and undue harassment in said bars or party places May 25, 2015
SRN 1327 Flourishing

Carnapping Industry

Resolution urging the Senate Committeee on Public Order and Dangerous Drugs to conduct an inquiry, in aid of legislation, on the alleged existence of a flourishing carnapping industry and the continously increasing and rampant incidence of crimes directed towards motor vehicles and their owners, with the aim of revitalizing existing laws and policies May 07, 2015 Public Order and Dangerous Drugs Pending in the committee:

May 11, 2015

SRN 1135 Killing of Members of the Special Action Force (SAF) of the Philippine National Police Resolution urging the Senate Committee on Public Order and Dangerous Drugs to conduct an inquiry, in aid of legislation, on the killings of members of the Special Action Force (SAF) of the Philippine National Police (PNP) in Mamasapano, Maguindanao in relation to the proposed PNP modernization program Jan 27, 2015 Public Order and Dangerous Drugs, Peace, Unification and Reconciliation Pending in the committee: Feb 2, 2015
SRN 1042 Senior Citizens (Implementation of R.A. nos. 7432 and 9994) Resolution urging the Senate Committees on Justice and Human Rights and Social Justice, Welfare and Rural Development to conduct an inquiry, in aid of legislation, as to the implementation of Republic Act numbers 7432 and 9994 benefiting our senior citizens and the hurdles leading to various interpretations and compliance to said laws, with the objective of formulating a uniform set of rules or gudelines for its effective implementation Dec 01, 2014 Social Justice, Welfare and Rural Development Justice and Human Rights Pending in the committee: Dec 03, 2014
SRN 977 Weather Occurences Resolution urging the Senate Committees on Climate Change; and Environment and Natural Resources to conduct a study, in aid of legislation, on the affected and vulnerable communities that have been impacted by extreme weather occurrences and the extent of government and private sector mitigation and adaptation efforts given to these areas and the awareness campaign on the matter Oct 21, 2014 Climate Change, Environment and Natural Resources Pending in the committee: Oct 22, 2014
SRN 972 Ebola Virus Resolution urging the Senate Committee on Health and Demography to conduct an inquiry regarding the Ebola Virus and the Department of Health's capability and preparedness in the event that said virus reaches Philippine territory, with the objectives of formulating preventive and contingency measures to address possible cases of the Ebola Virus in the country Oct 20, 2014 Health and Demography Pending in the committee:

Oct 22, 2014

SRN 928 Recruitment of Filipinos in the Islamic State of Iraq and Syria (ISIS) Resolution urging the Senate Committee on National Defense and Security to conduct an inquiry, in aid of legislation, regarding reported recruitment of Filipinos in the Islamic State of Iraq and Syria (ISIS), with the objective of thwarting any activity or plan of said group from prospering in the country, thereby affirming the Philippines' zero tolerance regarding any act of terrorism, extremism, and violence Sep 22, 2014 National Defense and Security Pending in the committee:

Sep 23, 2014

SRN 920 Cacao and Chocolate Industry Resolution directing the Senate Committee on Agriculture and Food to look into, in aid of legislation, the status of the country's cacao and chocolate industry and to tap its full potential for the purpose of recommending measures to boost local production and provide livelihood in the countryside in light of a projected world deficit in cacao supply Sep 15, 2014 Agriculture and Food, Finance Pending in the committee: Sep 16, 2014
SRN 908 PNP 24/7 Direct National Emergency Hotline Resolution urging the Philippine National Police to maintain and operate an improved 24/7 dedicated direct national emergency hotline to address and provide assistance in crime situations; an avenue for citizens’ predicaments and other similar peace and order issues on a real time Sep 09, 2014 Public Order and Dangerous Drugs Pending, Second reading, Ordinary business:

Nov 18, 2014

Committee Report no. 89:

Oct 30, 2014

SRN 909 Commending Gilas Pilipinas Basketball Team Resolution commending the Gilas Pilipinas Basketball Team in the 2014 FIBA Basketball World Cup held in Spain for ending a 36-year winless drought since 1978, earning world respect by showing the true value of ‘teamwork’ and ‘puso’ in showcasing the Philippine brand of basketball to the world Sep 09, 2014 Rules Pending in the committee:

Sep 10, 2014

SRN 865 Amyotrophic Lateral Sclerosis (ALS) Resolution urging the Department of Health, University of the Philippines-Philippine General Hospital (UP-PGH) and other state academic institutions and hospitals to create a study group on Amyotrophic Lateral Sclerosis (ALS), a neurodegenerative disease that affects nerve cells in the brain and the spinal cord leading to paralysis, to determine the extent of its affliction and the number of mechanisms and assistance to patients and raising awareness about the rare disease Aug 26, 2014 Health and Demography Pending in the committee: Aug 27, 2014
SRN 512 Safety of Common Carriers Resolution urging the proper Senate Committees to review, in aid of legislation, existing state policies in providing safety of common carriers, with the objective of recommending a more efficient and effective regulatory system, a sufficient safety policy and a speedy claim procedure to further protect the commuting public Feb 17, 2014 Public Services Pending in the

committee: Feb 19, 2014

SRN 481 Payonga and Vintola of ADMU Re-Oscillohump (Alternative Energy Solutions) Resolution recognising Lorenz Ray Payonga and Alyssa Tricia Eloise Vintola of the Ateneo de Manila University (ADMU) for their innovative project called 'Oscillohump', an alternative energy solution which harvests energy from road humps as they emerged world champions in schneider electric's 'go green in the city' global finals held in paris, france, proving the global competitiveness of the Filipino youth Feb 04, 2014 Rules Pending in the

committee: Feb 5, 2014

SRN 472 Cybersex Dens Resolution urging the Committees on Youth, Women, Family Relations and Gender Equality to review in aid of legislation the proliferation of cybersex dens that force children, minors and women to perform sexual and lascivious acts before a webcam for money with the intention of strengthening and tightening existing relevant laws. Jan 29, 2014 Public Information and Mass Media, Justice and Human Rights Pending in the

committee: Feb 3, 2014

SRN 469 Islamic Banking/ Islamic Windows Resolution urging the a review, in aid of legislation, of state policies and

existing laws relating to Islamic banking, toward the institutionalization of

'Islamic Windows' thus maximizing the sector's full potential, offering more

investment and employment opportunities and helping speed up the

achievement of the peace framework of the Bangsamoro

Jan 28, 2014 Banks, Financial Institutions and Currencies Pending in the

committee: Jan 29, 2014

SRN 465 Sinaloa Cartel Resolution urging the Senate Committee on Public Order and Dangerous Drugs

and other appropriate senate committees to conduct an investigation, in aid of legislation, into the entry of Sinaloa Cartel, an organized Mexican drug syndicate, in the Philippines, with the end in view of particularly protecting the Filipino youth, reviewing existing state policies and strengthening anti-drug agencies to combat illegal drugs

Jan 27, 2014 Public Order and Dangerous Drugs Pending in the

committee: Jan 29, 2014

SRN 420 Honouring the Newly-Crowned Miss International 2013 Bea Rose Monterde Santiago Resolution honoring the newly-crowned Miss International 2013 Bea Rose

Monterde Santiago, becoming the fifth Filipino woman to win the pageant,

further establishing the Philippines as a global beauty pageant powerhouse

and inspiring her kababayans still reeling from recent calamities

Dec 18, 2013 Rules Consolidated with adopted resolution in the committee: Jan 22, 2014
SRN 417 Total Number of Unregistered Births Resolution urging the proper Senate Committee/s to conduct an inquiry, in

aid of legislation, on the total number of unregistered births in the Philippines, upholding the basic human right to a legally-recognized name and nationality

thus promoting citizens' productive participation in various aspects of civil life

Dec 16, 2013 Health and Demography Pending in the

committee: Dec 17, 2013

SRN 418 Indigenous Groups Resolution urging a review of state policies, in aid of legislation, with regard to the Badjaos, taking into consideration the indigenous group's apparent societal exclusion and designation as a subordinate social status with the intention of helping the community in livelihood and improving their cultural and social well-being Dec 16, 2013 Cultural Communities Pending in the

committee: Dec 17, 2013

SRN 414 International Covenant on Economic, Social and Cultural Rights (ICESCR) Resolution recommending to the Department of Foreign Affairs (DFA) and relevant office/s to study and consider for possible adherence and acquiescence the optional protocol to the International Covenant on Economic, Social, and Cultural Rights (ICESCR), as a strong and unequivocal statement about the value of all human rights Dec 11, 2013 Foreign Relations Pending in the

committee: Dec 16, 2013

SRN 413 Backing Up and Storing/Archiving of Government Records and Files Resolution urging that a study be undertaken by the national government for the backing up and storing/archiving of government records and files to avoid loss and destruction in times of natural calamities and catastrophes Dec 10, 2013 Science and Technology, Civil Service and Government Reorganization Pending in the

committee: Dec 11, 2013

SRN 408 Public-Private Partnership (PPP) Scheme Resolution urging the proper Senate Committee/s to review the Public-Private Partnership (PPP) Scheme, the government's centerpiece program, with the end in view of harnessing its full potentials in generating investments and more employment opportunities and speeding up implementation of key infrastructure projects, taking into consideration the promotion of the interest of the state and the people Dec 05, 2013 Economic Affairs, Public Works Pending in the

committee: Dec 9, 2013

SRN 409 Government's Infrastructure Program Resolution urging the proper Senate Committee/s to evaluate the government's infrastructure program in the light of the dismal ranking of the Philippines in terms of quality of overall infrastructure in the World Economic Forum Global Competitiveness Report 2013-2014 and to recommend measures to revamp the country's infrastructure facilities Dec 05, 2013 Public Works Pending in the

committee: Dec 9, 2013

SRN 402 Agricultural Industry and Economy of Yolanda-struck Areas Resolution recommending the study of the "Marshall Plan" in the effective, efficient and speedy reconstruction rehabilitation and revival of the agricultural industry and economy of Yolanda-struck areas Dec 03, 2013 Agriculture and Food, Ecnomic Affairs Pending in the

committee: Dec 4, 2013

SRN 403 Association of Southeast Asian Nations (ASEAN) Economic Integration in 2015 Resolution urging the Senate Committees on Trade and Commerce, Economic Affairs and Foreign Relations to look into approaches and strategies on how the Philippines can maximize its potential with regard to the Association of Southeast Asian Nations (ASEAN) Economic Integration in 2015, taking into consideration recent economic developments and the Philippine business sector that can be more competitive with the economic blueprint's full implementation Dec 03, 2013 Trade, Commerce and Entrepreneurship, Foreign Affairs Pending in the

committee: Dec 4, 2013

SRN 404 Constitutional Principles of Accountability, Transparency and Good Governance Resolution recommending the Senate and the House of Representatives that the public be granted full access to the Bicameral Conference proceedings and meetings on the precepts and promotion of constitutional principles of accountability, transparency and good governance Dec 03, 2013 Rules Pending in the

committee: Dec 4, 2013

SRN 391 Commending and Thanking Various Countries and Foreign Organizations Resolution expressing the sense of the Senate commending and thanking various countries and foreign organizations around the world for assisting and lending a helping hand to the Philippines after the onslaught of Super Typhoon Yolanda Nov 26, 2013 Rules Consolidated with adopted resolution in the committee: Nov 27, 2013
SRN 380 Congratulating Saranggani Representative Manny Pacquiao Resolution congratulating Saranggani Rep. Manny "Pacman" Pacquiao for winning the World Boxing Organization's International Welterweight Title against Brandon "Bambam" Rios, staging his comeback and inspiring Filipinos with his rare and dominant performance Nov 25, 2013 Rules Consolidated with adopted resolution in the committee: Nov 27, 2013
SRN 377 Department of Foreign Affairs (DFA), National Statistics Office (NSO), and other government agencies Resolution urging the Department of Foreign Affairs (DFA), National Statistics Office (NSO), and other government agencies issuing official documents evidencing identity and other personal information (e.g. passports, birth certificates, clearances, certifications and the like), to waive their fees for the victims of Super Typhoon Yolanda, as such documents are essential for their, availment of government services for re-enrollment of pupils and students, and for other purposes Nov 20, 2013 Civil Service and Government Reorganization Pending in the

committee: Nov 26, 2013

SRN 367 Commending Nonito Donaire Jr. Resolution commending the feat of the "The Filipino Flash", Nonito Donaire Jr. for winning a rematch against Armenian boxer Vic Darchinyan in a bout dedicated to Filipinos, putting himself once again in the boxing map and boosting his bid to return to the boxing elite Nov 18, 2013 Rules Pending in the

committee: Nov 25, 2013

SRN 368 Honouring the Philippines' Pride Ariella Hernandez Arida, Miss Universe 3rd Runner-Up Resolution honouring the Philippines' pride, Ariella Hernandez Arida, for having been named Miss Universe 2013 third runner-up, the fourth consecutive year the country has placed in the top five in the competition, representing her country with pride, glory and optimism in the midst of a catastrophic super typhoon that pummelled the Philippines Nov 18, 2013 Rules Consolidated with adopted resolution in the committee: Feb 26, 2014
SRN 369 Special Fund (2014 General Appropriations Fund to Aid the Victims of Super Typhoon Yolanda) Resolution recommending the inclusion of a special fund in the amount of ten billion pesos (Php 10,000,000,000.00) in the 2014 general appropriations fund to aid the victims of Super Typhoon Yolanda and for the reconstruction of the provinces of Leyte, Samar, Iloilo, Cebu, Palawan and other local government units affected Nov 18, 2013 Finance Sent to the Archives: Jun 2, 2014
SRN 362 Disaster Risk Management Efforts and Capabilities of both National and Local Resolution urging the Senate Committee on National Defence and Security to review, in aid of legislation on the present disaster risk management efforts and capabilities of both national and local government with the objective of recommending a more efficient coordination government plan addressing calamities, catastrophies and emergencies and submitting possible amendments to existing laws Nov 11, 2013 National Defense and Security Pending in the

committee: Nov 25, 2013

SRN 297 ₱10 Billion Special Fund for Bohol and Cebu to Help Residents Affected by the Earthquake Resolution urging the establishment of a ₱10 billion special fund for the immediate rebuild, reconstruction and rehabilitation of Bohol and Cebu and to help the residents of the areas affected by the 7.2 magnitude earthquake that jolted Central Visayas Oct 16, 2013 Finance Sent to the Archives: June 2, 2014
SRN 298 Philippine Government's Development Program for Mindanao Resolution urging the Senate Committees on Local Government and Peace, Unification and Resettlement and Economic Affairs to conduct an inquiry, in aid of legislation, into the Philippine government's development program for Mindanao, especially its conflict-affected areas, to ensure the Minadanaoans' and the region's comprehensive inclusion in the path of accelerated growth pursued by the Philippines Oct 16, 2013 Economic Affairs, Local Government Pending in the

committee: Oct 21, 2013

SRN 274 Megan Lynne Young as Miss World Resolution hailing to honour the achievements of the Philippines' Megan Lynne Young as Miss World 2013, the first time the country has won the coveted title, exemplifying a shining symbol of peace and inspiring a generation of young women treasuring the core values of humanity, mutual understanding and spirit of kindness Oct 01, 2013 Rules Consolidated with adopted resolution in the committee: Oct 14, 2014
SRN 257 Suicide and Depression Resolution urging the Senate Committee on Health and Demography to conduct a study, in aid of legislation, on the increasing incidence and relatively high rates of suicide and depression cases in the country with the objectives of formulating a focused suicide prevention program, adopting renaissance approaches on new ways out of depression, and establishing more help units for people who want to "opt out of life" Sep 17, 2013 Health and Demography Pending in the

committee: Sept 25, 2013

SRN 235 Inquiry, Ecological Degredation Resolution urging the Senate Committees on Environment and Natural Resources and Climate Change to conduct an inquiry, in aid of legislation, on the actual state of Philippine environment to serve as the new blueprint for protection, promotion and formulation of approaches, mechanisms and policies to reverse the country's continuing ecological degradation Sep 09, 2013 Environment and Natural Resources, Climate Change Pending in the

committee: Sept 11, 2013

SRN 236 Diabetes Among Filipino Children and Teenagers Resolution directing the Senate Committee on Health and Demography to conduct a comprehensive assessment, in aid of legislation, on reported prevalence of diabetes among Filipino children and teenagers, with the intention of reviewing government efforts, amending existing relevant laws and provide funds to combat the disease Sep 09, 2013 Health and Demography, Youth, Women and Family Relations Pending in the

committee: Sept 11, 2013

SRN 237 Congratulating and Commending Mutya Johanna Fontiveros Datul Resolution congratulating and commending Mutya Johanna Fontiveros Datul for having been crowned as Miss Supranational 2013, making herself a worthy role model in determination and hard work for Filipino youth Sep 09, 2013 Rules Adopted resolution in the committee: Oct 14, 2013
SRN 217 Inquiry, Chikungunya Disease Resolution urging the Senate Committee on Health and Demography to conduct an inquiry, in aid of legislation, into the reported continuing rise in Chikungunya cases in the country, with the ending view of formulating a long-term policy aimed at addressing the disease Aug 29, 2013 Health and Demography Pending in the

committee: Sept 3, 2013

SRN 219 Commending and Congratulating Police Officers in Service (C.O.P.S) of 2013 Resolution commending and congratulating the country's outstanding police officers in service (C.O.P.S.) of 2013 Aug 29, 2013 Rules Consolidated in the committee: Sept 2, 2013
SRN 195 Inquiry, in Aid of Legislation Re Non-government Organizations Resolution urging the appropriate Senate Committees to conduct an inquiry, in aid of legislation, on the regulation and use of non-government transactions identified recently by the Commission on Audit (COA) with the intentions of tightening the present law governing NGOs, meaningfully helping true target beneficiaries of government programs and honoring the principle of integrity in public service Aug 22, 2013 Finance Pending in the committee: Aug 27, 2013
SRN 135 E-commerce Law Resolution urging the appropriate Senate Committee/s to conduct a relevant study, in aid of legislation on the various laws and policies governing application for licenses, permits and clearances including the implementation of the e-commerce law with the intention of simplifying bureacratic procedures, eradicating red tape and promoting Philippine competitiveness Jul 31, 2013 Civil Service and Government Reorganization Pending in the committee: Aug 12, 2013
SRN 102 Freedom of Information Act Resolution urging the appropriate Senate Committee/s to commence immediately a full deliberation, in aid of legislation, on the proposed freedom of information act taking into consideration its effects to the citizens, efficiency in government service, as a cricial framework to promote investment for the country and for meaningful implementation of the twin principles of accountability and transparency in the bureaucracy Jul 24, 2013 Public Information and Mass Media, Civil Service and Government Reorganization Consolidated in the committee: Sept 24, 2013 
SRN 103 Malnutrition and Hunger Resolution urging the Senate Committees on Health and Demography and Youth, Women and Famiy Relations to conduct a study, in aid of legislation, on the extent and prevalence of malnutrition and hunger in the country with the end-in-view of formulating legislation and recommending approaches and solutions to halt the increasing number of underweight and malnourished Jul 24, 2013 Health and Demography, Youth,Women and Family Relations Pending in the committee: Aug 12, 2013
SRN 104 Gasoline and Other Petroleum Products Resolution urging the Senate Committee on Energy and other appropriate committee/s to conduct an inquiry, in aid of legislation, anent the reported huge disparties in the prices of gasoline and other petroleum products in Negros Occidental and other areas in the country with their price index in Metro Manila, with the intention of submitting, corrective mechanisms in the present derugulation law Jul 24, 2013 Energy, Trade and Commerce Pending in the committee: Aug 12, 2013
SRN 1 Plight of Filipino Coconut Farmers Resolution urging the the Senate Committee on Agriculture and Food to conduct an immediate inquiry, in aid of legislation, into the plight of Filipino coconut farmers taking into consideration the reported outbreak of scale insects in Calabarzon, the recurring problem of pestilence and the stresses of weather destroying coco farms with the intention of protecting the coconut industry and its farmers Jul 01, 2013 Agriculture and Food Pending in the committee: Jul 30, 2013 
SRN 2 Overseas Filipino Workers (OFWs) Resolution directing the Senate Committee on Labor, Employment and Human Resources Development and other appropriate committee/s to conduct a re-examination, in aid of legislation, anent the various programs of the government to help OFWs with the intention of formulating focused meaningful and viable mechanisms including financial literacy program to assist migrant workers and their families in the use of their earnings Jul 01, 2013 Labor, Employment and Human Resources Development, Foreign Relations Pending in the committee: Jul 30, 2013

2016 Elections

[edit]

She is widely speculated to be a potential presidential or vice presidential candidate in the 2016 general elections (and thus seen as the closest competitor to Vice President Jejomar_Binay's own presidential aspirations)[15][16][17][18][19] with possible running mates such as Rep. Leni_Robredo[20] and Senator Miriam_Defensor-Santiago.[21][22][23]

Poe placed first on a presidential preference poll issued by Pulse_Asia on June 2015 with a rating of 30% rating, outranking previous front runner Vice President Jejomar_Binay, who had a 22% rating.[24][25] She also placed first in the vice-presidential poll, with a 41% preference nationwide.[24][26]

In a survey issued by Social Weather Stations (SWS) on June 2015, Poe also placed first, with a 42% preference.[27] She also placed first in SWS' vice-presidential poll, with a 41% rating.[28]

 Issue of Philippine Residence

[edit]

On June 2015, United Nations Alliance (UNA) interim president and Navotas City Representative Toby_Tiangco claimed that Poe lacks the 10-year residency requirement for a presidential candidate. Poe had previously been working in the United States after finishing her graduate studies there, and only returned to the Philippines after her father’s death in 2004. She then revoked her US citizenship to be assume the role of chairperson of the MTRCB in 2010.[29][30][31]

The controversy arose due to Poe’s certificate of candidacy (COC) for senator in 2012 for the 2013 Philippine Senate Elections, in which she had stated that she had been a resident of the Philippines for six years and six months. It was argued that it might have been a mistake, but Atty. Raymond Fortun argued that she had to prove it otherwise.[30]Tiangco stated that even during the time of the 2016 Presidential Elections, Poe would still be six months short of the residency requirement.[31]

Poe still has not confirmed her candidacy as either presidential or vice-presidential candidate for the May 2016 elections.[32]

Group 2 - Child Labor in the Philippines

[edit]

Current Status

[edit]

Introduction

[edit]

In the Philippines, children are defined to be 

“Persons below eighteen (18) years of age or those who over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition.”[33]

In general, Child labor is the participation of children in a wild variety of work situations, on a more or less regular basis, to earn a livelihood for themselves or for others. It is different from “Child Work” in a way that Child labor only refers to socially useful economic activities, which result in the productions of goods or performance of services.[34] 

This excludes mendicancy because such is not a socially useful means of livelihood and does not entail the production of goods or services.[34] 

International views on Child Labor

[edit]

According to the International Labor Organization (ILO), Child Labor is defined as work that deprives children of their childhood, their potential and their dignity, and that is harmful to physical and mental development.  Whether or not particular forms of “work” can be called “child labour” depends on the child’s age, the type and hours of work performed, the conditions under which it is performed and the objectives pursued by individual countries. The answer varies from country to country, as well as among sectors within countries.[35] 

Labor that jeopardizes the physical, mental or moral health of a child, either because of its nature or because of the conditions in which it is carried out, is known as “hazardous work”.[35] 

Local perceptions on Child Labor

[edit]

In the cultural context of the Philippines, it is common to see children involved in adult work in practically all industry sectors, including unpaid family labor, domestic work and homework.

Several opinions from those studies came to the conclusion that not all child work was child labor (or that not all child labor was hazardous). Others felt that child labor by definition was exploitative and detrimental to the child worker. Some studies pointed out the macro role of capitalism, and neocolonialism in causing the poverty from which child labor emerged, and stressed that the economic system and government policies and laws (e.g. export orientation) were important conditions in determining the incidence and prevalence of child labor. Thus, some underscored the need for having a framework of and more sensitivity to gender and age seasonality, locality, environment, and specific culture in research and action.[36] 

The Philippine Department of Labor and Employment defines "Child labor" as any work or economic activity performed by a child that subjects him/her to any form of exploitation or is harmful to his/her health and safety or physical, mental or psychosocial development.

Causes and effects

[edit]

There are different reasons in why children are pushed to work below the legal age of 18 listed below are listed some of the main problems.

Causes

[edit]

Poverty

[edit]

According to a 2009 survey released on 2011 by the Philippine Statistics Authority or the NSCB on 2011, 26.5% of the Filipino population is poor that equates to 23.1 million people, meaning they live below the poverty threshold. The poverty threshold refers to the minimum income a family or individual must earn in order to be considered “not poor”. An individual is considered poor if he/she is below the annual per capita poverty threshold of P16, 871 annually. Having said that, a more recent data cites that poverty incidence, number of households having an income below the poverty threshold, is prevalent among Filipino families. Poverty incidence percentage declined from 21% in 2006 to 20.5% in 2009 and to 19.7% on 2012, however due to growing population the number of families rose from 3.8 million to 4.03 million and to 4.2 million respectively. Furthermore, a family of five would need an average of P7, 890 to cover their family’s basic food and non-food needs. [1]

Educational Status

[edit]

In as study done by Anna Leah Colina for Ecumenical Institure for Labor Education and Research (EILER),

"The study,which involved 3,859 households, found that children from poor families "are being forced by necessity to augment the family's coffers by working". Leaving school and working is a decision forced upon children by the reality they face each day, the study added.It further revealed that 96 percent of the households surveyed are living below the poverty threshold of their regions. At least 78 percent of respondents said they do not own or have access to land. Instead, most rely on other means to earn a living such as working in mines and plantations.Colina said a lack of access to education is also a "one push factor" to child labor. She said 60 percent of child laborers did not reach the sixth grade, while 44 percent reached Grade 6 before they left school to work.″[2].

It showed that most children are either forced to go to work on in an early age due to lack of money or would work completely as their jobs are a steady flow of cash which help their families.

Population

[edit]

From the 90's to 00's to 10's the Philippines population have steadily increased from 60,703,810 to 76,506,928 and to 92,337,852 respectively that's a growth rate of 2.12 percent.[3]. And by 2045, it is projected to be at 142 million Filipinos according to (Sgd) LISA GRACE S. BERSALES, Ph. D. A 142 Million Philippine Population by 2045?.

Effects

[edit]

Out of school youths

[edit]

Based on the result of the 2013 Functional Literacy, Education and Mass media survey, done by the National Statistic Office 10.6 percent ages 6-24 of the country’s population is out of school. One of the top reasons is poverty could be traced back as a big percentage on why youth could not attend school as it compromise 19.2 percent as they do not have enough money to send their kids to school. Another alarming sign is lack of interest constitute to 19.1 or third of the top ten reasons why youth do not go to school. Lastly, 5.5 percent of both male and female youths are out of school because they are employed or looking for work. This factors affect as the kids try to help their families earn more income in which they neglect their academics. [4]

Health effects and various forms of abuse

[edit]

In an article Joe Torres wrote he cited that working children are afraid to complain in fear of losing their jobs. He also mentioned a thin kid suffering from chest pains and deformed nails due to heavy work and being unable to go to the doctor because they simply could not afford to. He mentions the work done by Anna Leah Colina for a non-government Ecumenical Institue for Labor Education and Research (EILER).

″Poverty and lack of family income are the main reasons why children leave school and work," said Anna Leah Colina, executive director of the non-government Ecumenical Institute for Labor Education and Research. With funding from the European Union, EILER conducted a six-month study on child labor in mines and plantations in the southern Philippines from April to October 2014. Results of the study were released on Wednesday in Manila. “Colina said that two out of 10 households surveyed in six communities have incidents of child labor — primarily due to low family income, lack of access to land and inaccessible schools. [5]

Colina also found out that children were forced to work on 16-hour shifts. She then cited a case of a child named Julius (not his real name) to show the extreme and hazardrous conditions on which this kid is working with. “The 15-year-old boy is one of many children in the village of Diwata in Compostela Valley province who work alongside adults in the tunnels of a gold mine. From early morning until sundown, Julius is inside the tunnel with a sledgehammer, a shovel and a pickaxe with only a plastic helmet, a pair of boots and gloves for protection.”

ILO-NSO 2011 Study

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The Philippine National Statistics Office (NSO) conducted a survey with the support of the ILO and the United States Department of Labor to collect data on the demographic and socio-economic characteristics of working children in the Philippines. It uses definitions taken from Republic Act 9231 (Special Protection of Children against Abuse Act) enacted in 2003 and international statistical standards adopted in 2008. These are some of the definitions as taken from the results 

  • Working Children – Children 5 to 17 who worked for even one hour during the past month.
  • Child Labor – Working children who are reported to have worked in hazardous industries and occupations and worked for long hours and/or at night (in industries and occupations not designated as hazardous).
  • Hazardous Child Labor - Working children who do work in hazardous industries and occupations

Types of Hazards (under 2011 survey)[37]

[edit]
  1. Chemical - Work involves exposure to: Dust (e.g. silica, dust, standing dust) Liquid (e.g. oil, gasoline, mercury) Mist, fumes, or vapors (e.g. paint, insecticides or pesticide spraying) Gas (e.g. oxygen, ammonia) Others
  2. Physical - Work involves exposure to: Noise Temperature or humidity Pressure Inadequate illumination or lighting Slip, trip, or fall hazards Insufficient exit for prompt escape Congested lay-out Radiation, ultraviolet, or microwave Others
  3. Biological - Work involves exposure to: Viral Bacterial Fungal Parasitic (e.g. drinking water affected with amoeba) Others

Permissible Work (non-hazardous)

[edit]

"Child work" is work allowed, or permitted, to be performed by a child under certain conditions. A child below 15 years old can be permitted to work if he/she is under supervision by family senior/ parents provided that the child works directly under the sole responsibility of his/her parents or legal guardian and where only members of his/her family are employed; the child’s employment does not endangers his/her life, safety, health, and morals, or impairs his/her normal development; the parent or legal guardian shall provide the said child with the prescribed primary and/or secondary education; the employer first secures a work permit for the child from the DOLE.

Children aged 15 to below 18 years of age are permitted to work in any economic activity not considered child labor, but not more than eight (8) hours a day and in no case beyond forty (40) hours a week. They shall not be allowed to work between 10:00 P.M. and 6:00 A.M. of the following day, and employer should provide the child with access to at least elementary and secondary education. 

 

 

Philippine Legislation on Child Labor

[edit]

Historical Evolution of Child Labor Laws in the Philippines

[edit]

The concern for the welfare of Children being employed to work started in the Philippines as early as 1923. The American colonial government of that time enacted the very first set of rules and regulations in the country regarding Child-labor through Act No. 3071, also known as “An Act to Regulate the Employment of Women and Children in Shops,Factories, Industrial, Agricultural and Mercantile Establishments, and Other Place of Labor in the Philippine Islands, to Provide Penalties for Violations Hereof and for Other Purposes.”  The enforcement of this law was eventually overseen by the Woman and Child Labor Section of the Inspection Division of the then Bureau of Labor in 1925. When the Philippines declared independence from American rule in 1946, all existing laws enacted under the former regime were replaced by Republic Acts. As such, Act No. 3071 was renamed R.A. 695 thereafter and the implementation was entrusted to the Women and Minors Division of the former Bureau of Labor Standards, in 1957.

In 1932, the Philippines enacted into law to codify its penal laws, they came to be known as the Revised Penal Code (RPC). The RPC contains several provisions barring certain types of child work, such as “Exploitation of Child Labor” (Article 273) which prohibits an employer from retaining a child worker in service against his or her will under the pretext of reimbursing a debt incurred by the child’s ascendants.  The PRC also includes a clause regarding the “Exploitation of Minors” (Article 278). This provision prohibits the employment of a minor less than sixteen (16) years of age in what the code describes as “dangerous exhibits”. Other provisions of the RPC relating to slavery, prostitution, corruption, illegal detention, and kidnapping of minors are all applicable to child workers. The Revised Penal Code remains in effect to this day in the Philippines.

Two years after Philippine independence from American control, the Republic became a member state of the International Labor Organization in June 15, 1948. Since then, the Philippines have ratified a number of international conventions adopted by ILO, relating to child labor. The country first ratified in 1953, ILO Convention No. 90, which prohibits the employment of children in industry during night time and in 1960, the government ratified ILO Convention No. 59, which fixes the minimum age of employment for industry at 15 years. The convention, however, allows younger workers to be employed in undertakings which only members of the employer’s family are employed, but only if the work in question is not a danger to the life, health, or morals of the children. ILO Convention No. 77, which requires the medical examination and subsequent re-examination of children as a prerequisite for their employment, was also put into effect in 1960.  The ILO convention no. 138 or the Minimum Age Convention of 1973 was not ratified in the Philippines until 1998.

During the Martial Law, a handful of Presidential Decrees (P.D.’s) were enforced concerning child labor laws in the Philippines. One of which is P.D. no. 148 which amended R.A. 679, the Woman and Child Labor Law. The new decree simplified the complex provisions of R.A. 679 regarding confusing age limits imposed by this law under different types of undertakings allowing "any person between 14 and 18 years of age to be employed in any non-hazardous undertaking." It is important to note that P.D. no 148 was in direct disagreement with ILO Convention No. 59, of which the Philippines was a signatory state. The new law didn’t last that long since only a year after, P.D. no 148 was amended by the passage of P.D. no 442, otherwise known as the Labor Code. The new law raised the minimum age of employment from 14 to 15 years old, and has maintained the previous minimum age for hazardous undertakings at 18 years old. The Labor Code failed, however, to include the terms and conditions of employment of children previously provided by R.A. 679, as amended by P.D. no. 148 creating a huge gap in the new law.This was eventually addressed through P.D. 603 or the Child and Youth Welfare Code, a codification of different provisions for the well-being of all children.

Child Labor Laws in the Philippines

[edit]

After the fall of the Marcos regime in 1986, increasing demands for reforms in government policies, legislation and programs affecting children made the government respond by ratifying the United Nations Convention on the Rights of the Child (CRC)  on July 26, 1990. The CRC entered into force as an international agreement on September 2, 1990. The convention directs the ratifying countries to “recognize the right of the child to be protected from economic exploitation and from performing any work that is likely to be hazardous or to interfere with the child's education, or to be harmful to the child's health or physical, mental, spiritual, moral or social development.”

To comply with the mandate of the U.N CRC, the government enacted R.A. 7610, “An Act Providing for Stronger Deterrence and Special Protection of Children Against Abuse, Exploitation, and Discrimination, Providing Penalties for its Violation and for Other Purposes” on June 17, 1992. Initially, the act was lauded for its innovation in promoting child welfare, especially those found in extremely difficult situations. However, the act was also severely criticized because of how its provisions severely changed existing policies regarding Child labor laws. Article VIII, Section 12, of R.A. 7610 legalized the employment of all children below 15 years of age, but only if the employer is able to secure a working permit from the Department of Labor and Employment (DOLE).

Public opinion and international organizations like the ILO and the UNICEF, along with the local Department of Justice pushed to amend R.A. 7610, Article VII, Section 12, as it was in flagrant violation of ILO convention no. 59. A new law called R.A. 7658 or “An Act Prohibiting the Employment of Children below 15 Years of Age in Public and Private Undertakings” was passed in October of 1993 for this purpose. R.A. 7658 allows only two exceptions to the prohibition on employment below the minimum age, first for the concerned child to “work directly under the sole responsibility of the child's parents or legal guardian and where only members of the employer's family are employed” and second, “where a child's employment in public entertainment or information through cinema, theater, radio or television is essential”.  Additionally, the new law requires the employers to first secure for the child a work permit from the DOLE before the child can begin to work.

In 2003, the Philippines passed a new law known as R.A. 9231 or the “Special Protection of Children Against Child Abuse, Exploitation and Discrimination Act”.  This law specifically limits the employment of children below 15 years old, with the same exceptions as R.A. 7658, with additional provisions regarding restrictions on the number of hours children are allowed to work, provisions on expanding working children’s access to education, social, medical, and legal assistance.

Other Applicable Laws

[edit]
section to be filled later

Government Initiatives

[edit]

Philippine Program Against Child Labor

[edit]

The Philippine Program Against Child Labor (PPACL)  is the product of the National Program Against Child Labor (NPACL) framework. Led by the Department of Labor and Employment, the latter framework was established for the period 2001-2004 to combat child labor. The program partners used it as a way to unify the goals, missions, visions, and other points needed. When the period ended, the National Child Labor Committee added breadth to the framework by identifying new objectives that would help sustain the environment NPACL fostered and continue preventing the progressing situation of child labor in the Philippines.

In order to protect children and their rights, they drafted seven objectives to influence action:

  • Create a database system that upholds relevant information on the current events and news on child labor. This database system should be remained updated, inviting stakeholders and program partners to continually add significant studies and other resources.
  • Ensure the role of the PPACL in all of the different partnerships and organizations geared to fight against child labor. This will help create a more responsive National Child Labor Committee.
  • Engage the committee by creating awareness of the prevalent child labor issue through encouraging them to participate in the advocacies and other programs established for them.
  • Encourage social workers and other entitled workers to participate in the programs to add more quality and authenticity.
  • Provide opportunities for children in order to avoid the continuance of child labor while protecting their rights as children.
  • Conventionalize the initiatives against child labor to ensure success and better implementation of laws and policies.
  • Establish programs within laws and policies attributed and associated to child labor in order to proceed to a more national level, wherein all cities and provinces will be able to access the programs and initiatives.

Child Labor Prevention and Elimination Program

[edit]

The Department of Labor established a program called Child Labor Prevention and Elimination Program. To be consistent with the PPACL framework, the objectives of the programs was founded on the framework to promote consistency and efficiency in combating child labor. Its five initiatives  are as follows:

  • The Child Labor Knowledge Sharing System was created with updated information and resources contributed by 300 and counting users.
  • The partnerships were strengthened through restructuring the National Child Labor Committee and its sub-committees, and creating the Sagip Batang Manggagawa Quick Action Team and other initiatives to focus on strengthening the regional committees.
  • They provided authentic and effective service through projects such as Kabuhayan para sa Magulang ng Batang Manggagawa (KASAMA) Project, Project Angel Tree, Eliminating Child Labor in the Tobacco Industry (ECLTI) Project, and Integrated Services for Migratory Sugar Workers (I-SERVE SACADAS) Project.
  • They strengthened campaigns and intensified implemented projects to promote the normalization of a child labor-free environment.
  • Lastly, guided by the laws and policies enforced, the programs aided in working through the cases and provided legal actions such as creating the Working Child’s Permit and closing establishments that promote child labor.

Child Labor-Free Barangays

[edit]

Consistent with the PPACL framework and part of the Child Labor and Elimination Program, the project Child Labor-Free Barangay aims exactly what the name insinuates: eliminate child labor in every barangay in every country. Each labor-free barangay will be given a three-year certification and endorsement to DOLE programs once the barangay has completed the criteria and other requirements and submitted the proper documents in being enlisted as “child labor-free.” They should also have at least four agencies working within their area in order to promote child protection.

List of Barangays
[edit]

As of 2014, the Child Labor-Free Barangay has already saved 53 barangays in 10 regions:

National Capital Region
  • Pasong Putik, Quezon City
  • Bagong Barrio, Caloocan City
  • Brgy. 176 (Bagong Silang), Caloocan City
  • Pinagbuhatan, Pasig City
  • Sampaloc, Manila
  • Sitio Damayan, Manila
  • Brgy. 91, Manila
  • Brgy. 109, Manila
  • Almanza Uno, las Piñas
  • Brgy. 14 (San Jose), Pasay City
  • Brgy. 201 (Kalayaan), Pasay City
Cordillera Administrative Region
  • Pide, Sagada
  • Tanulong, Sagada
  • Fidelisan, Sagada
  • Banga-an, Sagada
  • Aguid, Sagada
  • Madongo, Sagada
Region 1
  • Valbuena, Pinili
  • Macayo, Alcala
Region 3
  • Pulong Buhangin, Sta. Maria, Bulacan
  • Pandacaqui, Mexico, Pampanga
Region 4-A
  • Sta. Maria, Calauag, Batangas
  • Madulao, Catanauan, Batangas
  • Sta. Ana, Taytay, Rizal
  • San Juan, Taytay, Rizal
  • Mahabang Parang, Angono, Rizal
  • Kalayaan, Angono, Rizal
Region 7
  • Brgy. Canggohob, Mabinay, Negros Oriental
  • Brgy. Manlingay, Mabinay, Negros Oriental
Region 10
  • San Jose, Quezon, Bukidnon
  • Poblacion, Quezon, Bukidnon
  • Salawagan, Quezon, Bukidnon
  • Merangeran, Quezon, Bukidnon
  • Butong, Quezon, Bukidnon
Region 11
  • Kiblawan, Pasig, Davao del Sur
  • Kibuaya, Hagonoy, Davao del Sur
  • Matina Pangi, Davao City, Davao del Sur
  • New Barili, Maco, Compostela Valley
  • New Leyte, Maco, Compostela Valley
Region 12
  • Kematu, T’boli, South Cotabato
  • Poblacion, Malungon, Saranggani
  • Libi, Malapatan, Saranggani
  • Colon, Maasim, Saranggani
  • Bula, Gen. Santos City
  • City Heights, Gen. Santos City
  • Poblacion, Tacurong, Sultan Kudarat
  • EJC Montilla, Tacurong, Sultan Kudarat
  • Saguing, Makilala, North Cotabato
  • Presbitero, Pigcawayan, North Cotabato
  • Poblacion Mother, Cotabato City
  • Rosary Heights 2, Cotabato City
Caraga
  • Doongan, Butuan City, Agusan Del Norte
  • Las Navas, Prosperidad, Agusan Del Sur


HELP ME Convergence Program Against Child Labor

[edit]

HELP ME Convergence Program Against Child Labor mainly aims to provide converged strategies to address issues concerning child labor. HELP ME stands for: H for Health services; E for Education and training, L for Livelihood opportunities for people involved; P for Prevention, protection, and prosecution; M for Monitoring; and lastly, E for Evaluation. It is founded by Cabinet's Human Development and Poverty Reduction Cluster (HDPRC) together with President Benigno S. Aquino III., Department of Labor and Employment, and Department of Social Welfare and Development. The whole program will keep in line through the following objectives: keeping a monitoring system for the child laborers and the services provided to them, delivering services fitting to the situations of the child laborers, and finally, collaborating with different departments and program partners such as DOLE, DSWD, DepEd, DOH, DILG, DA, DOJ, TESDA, NEDA, CWC, PIA and NCIP.

This convergence program was implemented in the period of 2013 to 2016 with the proposed budget of 9 billion, hoping that by the end of the project, child labor will be eliminated by 75%, or more specifically, to move out at least 893,000 children from the worst forms of child labor.

Project Angel Tree

[edit]

Introduced by the Bureau of Women and Young Workers, the Project Angel Tree works as a connection for child laborers and those stakeholders who wish to collaboratively partake in protecting their rights. This project also contributes to the program Child Labor Prevention and Elimination Program. The primary objective of the project is to create an “Angel Tree Community,” wherein Angels, which are the donors and contributors, grant the “wishes” of the child laborers. The Angel Tree itself is an image for the cause, wherein it is targeted that through this project, the Angels will continue to “bear fruit” for the children who need them. They call this system value networks, where through them, positive social interaction would be formed and child laborers would be granted access to resources.

In 2010, Project Angel Tree has helped 15,902 victims of child labor in the country.

Philippine National Strategic Framework for Plan Development for Children

[edit]

Philippine National Strategic Framework for Plan Development for Children, or shortly called, Child 21, serves as a guide for initiatives and programs established to promote and protect the rights of the children. The framework includes different activities and strategies in order to provide child-friendly environments, education, protection from threats including sexual exploitation, child labor, and child-trafficking, and other modes of development for the children.

Non-Government Organizations

[edit]

Kamalayan Development Foundation

[edit]

In 1995-1997, with the help of International Labour Organization (ILO) and United Nations Children’s Fund (UNICEF), Kamalayan Development Foundation progressed from Kamalayan Development Center through establishing anti-child recruitment agencies in Davao City, Cebu City, and Ormoc City. This started numerous initiatives which granted children freedom from work enslavement. The organization founded rescue operations, participated in governmental and international campaigns and advocacy activities, imprisoned child labors, and finally, identified and rescued child laborers in plantations, factories, prostitution facilities, and other exploitative locations.The Kamalayan Development Foundation seeks to expand nationwide through the continuous support of ILO.

Visayan Forum Foundation Inc. (VFFI)

[edit]

As a child laborer herself, Ma. Cecilia Flores-Oebanda spearheaded the Visayan Forum Foundation Inc. in order to eradicate slavery and human trafficking. Its actions revolve around providing residential care to victims, mainly women and children, of difficult circumstances such as exploitation and child labor. The organization has established programs such as:

  • Centers of Hope: These are safe houses that aim to provide protection and shelter to girl-children and women victims.
  • iFight Movement: This movement seeks to train, equip, and empower the youth with a better mentality for change and information on fighting against human trafficking.
  • Policy and Advocacy Resource Center: This provides volunteers and partners a space to share information in order to develop the current campaigns and update information on the current environment on human trafficking and domestic work.
  • Ventures for Freedom: This educates and provides communities innovative strategies in order to stray away from the possibility of human trafficking and domestic work, tackling the cause to prevent the problem from progressing.

International Partnerships

[edit]

ChildFund Philippines

[edit]

In 1971, ChildFund began by partnering with religious organizations, and eventually, the communities. The organization helps secure the future of children vulnerable to exploitation, child labour, and other causes, and builds a community that would ensure their safety and protection. Each year, they contribute $8 million to their partnerships worldwide, including the Philippines, directly helping 250,000 children and counting.

World Vision Development Foundation, Inc.

[edit]

World Vision Development Foundation Inc. performs through partnering with Christians all over the world to seek justice and promote human welfare through various activities and programs such as spreading awareness, changing unjust structures, and transforming the youth by encouraging involvement and protecting their rights. The partnership with organization started when its founder, Robert Willard Pierce, initiated the China Challenge, which led to sponsoring and caring for the poor and needy. It first helped an orphanage called The Good Shepherd’s Fold in 1957, and since then, it has continued to move to foster a healthy environment for the children and their families.

ABK3 LEAP

[edit]

Pag-Aaral ng Bata para sa Kinabukasan (ABK) LEAP Livelihoods, Education, Advocacy and Protection to Reduce Child Labor in Sugarcane Areas is the third phase of the ABK Initiative that aims to withdraw children from exploitative labor. In four years, 2011-2015, ABK3 LEAP intends to provide education, raise awareness, support research, contribute to the continuous development, and support data collection on child labor. The project mainly focuses on 11 provinces, namely Batangas, Bukidnon, Camarines Sur, Capiz, Cebu, Davao del Sur, Iloilo, Leyte, Negros Occidental, Negros Oriental, and North Cotabato. It targets to provide for 52,000 children at ages 5-17 years old and 25,000 households.

The project is implemented by the following organizations: World Vision Development Foundation Inc., ChiWorld Vision Development Foundation, Inc. ChildFund Philippines, Educational Research and Development Assistance Foundation, Inc. (ERDA), Sugar Industry Foundation, Inc. (SIFI), Community Economic Ventures, Inc. (CEVI), and  University of the Philippines Social Action and Research for Development Foundation (UPSARDF).

International Labor Organization (ILO)

[edit]

In 1948, the Philippines joined the International Labor Organization (ILO) and has remained one of the active participants in its advocacy. As the country face problems on employment, more specifically, child labor, the partnership paved way to projects that will help in the elimination of child labor. The organization supports the country through promoting growth and developing their skills through quality education, especially for the children who remain victims to employment.

Its social partners include the DOLE, employers Confederation of the Philippines (ECOP), Alliance of Progressive Labor (APL), Associated Labor Unions-TUCP (ALU-TUCP), Federation of Free Workers (FFW), Kilusang Mayo Uno (KMU), Public Services Labor Independent Confederation (PSLINK) and Trade Union Congress of the Philippines (TUCP).

International Programme on the Elimination of Child Labour (IPEC)

[edit]

International Programme on the Elimination of Child Labour (IPEC) varies from one country after another, dependent on the current situations of child labor persisting in the country specified. It aims to eliminate child labor in its different sectors, such as direct action, advocacy and awareness, institutional development, social services and poverty alleviation, and legislation and policy development. The following are the projects ILO has established through IPEC:

  • Programme to Combat Child Labour in the Fishing Sector in Indonesia and the Philippines (1999-2004)
  • Programme to Combat Child Labour in the Footwear Sector in South-East Asia (Phase I)(1999-2004)
  • Assessing the Situation of Children in the Production, Sales, and Trafficking of Drugs in Indonesia, the Philippines and Thailand (2002-2004)
  • Supporting the Time-Bound Programme on the Elimination of the Worst Forms of Child Labour in the Republic of the Philippines (2002-2006)
  • Prevention and Reintegration of Children Involved in Armed Conflict: An Inter-Regional Project – The Philippine Component (2003-2006)
  • Towards a Child Labour-free Philippines: Building on Past Gains and Addressing Challenges (2011-2013)

Group 3 - Labor Migration Policy in the Philippines

[edit]

Profile of Filipino Migrants

[edit]

Number of Filipino Migrants

[edit]

The Stock Estimate of Overseas Filipinos. [38]

Year Permanent Temporary Irregular Total
2000 2,551,549 2,991,125 1,840,448 7,383,122
2001 2,736,528 3,049,622 1,625,936 7,412,086
2002 2,807,356 3,167,978 1,607,170 7,582,504
2003 2,865,412 3,385,001 1,515,765 7,766,178
2004 3,187,586 3,559,257 1,297,005 8,043,848
2005 3,931,138 3,654,727 881,123 8,466,988
2006 3,556,035 3,802,345 874,792 8,233,172
2007 3,692,257 4,133,970 900,023 8,726,250
2008 3,907,842 3,626,259 653,609 8,187,710
2009 4,056,940 3,846,068 658,370 8,561,378
2010 4,423,680 4,324,388 704,916 9,452,984
2011 4,867,645 4,513,171 1,074,972 10,455,788
2012 4,925,797 4,221,041 1,342,790 10,489,628
2013 4,869,766 4,207,018 1,161,830 10,238,614

Demographics

[edit]

Gender

[edit]

Among the Filipino migrants, there is a significant amount of migrants that are Overseas Filipino Workers (OFW). [39]

Year OFW (in thousands) Male Female
2000 978 527 451
2001 1029 528 501
2002 1056 554 502
2003 982 508 475
2004 1180 604 577
2005 1327 667 660
2006 1515 751 764
2007 1747 890 857
2008 2002 1034 968
2009 1912 1010 901
2010 2043 1068 975
2011 2158 1126 1032
2012 2220 1148 1072
2013 2295 1154 1141
2014[40] 2320 1149 1170

Many of the OFWs are Overseas Contract Workers (OCW). [39]

Year OCW (in thousands) Male Female
2000 922    
2001 964    
2002 990    
2003 933 486 447
2004 1098 560 538
2005 1214    
2006 1384    
2007 1614    
2008 1881    
2009 1890    
2010 1940    
2011 2057 1080 978
2012 2110 1093 1016
2013 2209 1116 1092
2014[41] 2228 1107 1121

Age

[edit]

OFWs are distributed among different age groups. The 25-29 age bracket comprises more OFWs than the other age groups. [39]

Year/Age 15-24 25-29 30-34 35-39 40-44 45+
2000 12.1% 23.2% 18.3% 15.2% 12.3% 18.7%
2001 12.3% 22.1% 18.5% 14.3% 13.3% 19.5%
2002 11.6% 23.5% 17.1% 15.1% 13.9% 18.8%
2003 9.7% 21.3% 21.3% 16.9% 13.1% 17.7%
2004 11.5% 23.5% 19.4% 15.7% 13.0% 17.0%
2005 11.8% 23.2% 19.1% 15.8% 13.1% 17.0%
2006 10.7% 24.6% 19.8% 15.0% 12.8% 17.1%
2007 10.0% 24.5% 20.7% 16.3% 11.0% 17.5%
2008 10.0% 25.7% 21.0% 15.1% 11.8% 16.4%
2009 9.8% 24.8% 21.7% 15.5% 12.0% 16.2%
2010 9.0% 25.0% 22.9% 15.2% 11.4% 16.6%
2011 9.3% 23.6% 22.6% 15.9% 11.8% 16.8%
2012 8.2% 24.1% 22.3% 15.9% 12.2% 17.3%
2013 7.8% 23.6% 24.3% 16.0% 11.8% 16.4%
2014[42] 8.2% 24.8% 23.7% 15.8% 11.6% 15.8%

Origin

[edit]

OFWs come from all parts of the country, and not a lot them come from the National Capital Region (NCR). [39]

Year NCR
2000 17.6%
2001 19.4%
2002 20.5%
2003 18.5%
2004 17.2%
2005 18.4%
2006 16.4%
2007 16.0%
2008 14.0%
2009 13.9%
2010 13.8%
2011 12.5%
2012 12.6%
2013 12.8%
2014[41] 10.5%

Destination

[edit]

Filipino Migrants Destinations[38]

[edit]
Year  Africa Asia, East & South Asia, West Europe Americas/ Trust Territories Oceania
2000 32,011 1,720,844 1,223,641 802,035 3,137,556 268,711
2001 64,900 1,398,856 1,352,795 739,035 3,301,323 299,908
2002 66,243 1,453,296 1,371,621 803,169 3,334,297 298,609
2003 70,979 1,532,872 1,471,849 767,882 3,381,815 312,963
2004 38,720 1,331,143 1,522,220 548,072 3,221,543 252,437
2005 40,067 1,107,872 1,638,350 577,005 3,110,257 256,249
2006 50,361 1,016,432 1,795,825 616,436 3,256,036 274,435
2007 45,861 1,006,891 2,136,159 674,121 3,330,304 294,374
2008 54,554 1,085,049 2,261,924 693,079 3,518,699 312,792
2009 64,736 1,074,496 2,415,898 722,427 3,582,879 388,520
2010 74,483 1,232,715 2,850,591 663,889 3,883,356 400,800
2011 63,508 1,449,373 2,987,923 808,779 4,326,059 451,042
2012 60,873 1,599,352 2,835,536 768,326 4,396,352 462,324
2013 59,036 1,668,827 2,489,430 866,187 4,313,476 474,492

OFW Destinations

[edit]

Although many permanent migrants are residing in the Americas, most OFWs are working in Asian countries. As of 2013, the top destinations for OFWs are Saudi Arabia, United Arab Emirates, Qatar, Kuwait, Hong Kong, and Singapore.[43]

Year[39] Africa Asia Australia Europe North  & South America
2000 0.8% 77.3% 2.5% 9.3% 8.2%
2001 0.6% 78.1% 2.1% 10.4% 7.5%
2002 1.4% 76.5% 1.7% 11.5% 8.2%
2003 0.8% 76.6% 2.1% 9.4% 9.6%
2004 1.2% 77.1% 2.0% 10.2% 8.9%
2005 1.7% 76.6% 1.9% 9.7% 9.8%
2006 1.7% 78.3% 1.2% 9.5% 9.2%
2007 1.2% 78.1% 1.9% 9.2% 9.3%
2008 1.5% 78.2% 2.4% 9.4% 8.4%
2009 2.0% 79.3% 2.6% 8.3% 7.9%
2010 1.8% 80.0% 2.0% 8.3% 7.9%
2011 1.7% 80.4% 1.7% 8.6% 7.6%
2012 1.7% 79.7% 2.2% 8.7% 7.6%
2013 1.7% 81.2% 2.1% 7.7% 7.3%
2014[42] 1.6% 83.0% 1.7% 7.1% 6.5%

Occupations

[edit]

Number of Deployed Landbased Overseas Filipino Workers by Major Occupational Category, New Hires [44][45]

Year Professional, Technical and Related Workers Administrative and Managerial Workers Clerical Workers Sales Workers Service Workers Agricultural Workers Production Workers
2003 78,956 387 3,965 2,490 84,201 413 61,352
2004 94,147 565 5,323 3,950 113,423 632 63,719
2005 63,941 490 5,538 4,261 133,907 350 74,802
2006 41,258 817 7,912 5,517 144,321 807 103,584
2007 43,225 1,139 13,662 7,942 107,135 952 121,715
2008 49,649 1,516 18,101 11,525 123,332 1,354 132,295
2009 47,886 1,290 15,403 8,348 138,222 1,349 117,609
2010 41,835 1,439 10,706 7,242 154,535 1,122 120,647
2011 61,598 4,950 14,115 8,932 201,512 1,757 141,215
2012 54,617 3,241 13,960 9,346 222,260 1,563 146,448
2013 53,840 1,947 12,893 9,220 230,030 2,233 147,776

History of the Philippine Labor Migration Policies and Development

[edit]

History of Migration Policies

[edit]

The history of Philippine Labor Migration policies can be traced as far back as 1521, when the Filipino natives started to man ships in the Manila – Acapulco Galleon trade. Filipinos started working in the dockyards and aboard ships traveling as far as Mexico, under the mandate of Spanish colonizers. In order to escape maltreatment by the Spaniards, many of those Filipino workers resorted to “jumping ship”, settling in state ports like Acapulco, Mexico and Louisiana, USA. They were the first generation of Filipino labor migrants. Since then, three “waves” of labor migration occurred (in the 1900-1940’s, the 1940s-1970’s, and the 1970s-1990’s), each wave taking the Philippines closer to becoming one of the world’s largest labor exporting countries, as it is today.

The majority or the bulk of the temporary migration/ contractual/ labor migration started in the mid-1970s with the triggering of the formal adoption of the Overseas Employment Program with the Philippine Labor Code in 1974. It was also in the mid-1970s that the government started to mobilize and promote labor migration in the middle east as it has opened an opportunity for the Ferdinand Marcos, the then President of the Philippines, to export young unemployed men from the stagnating economy and be able to regulate and encourage labor outflows. The third wave of migration that took place in the 1970s was due to the economic downturn caused by an increase in crude oil prices. At this time, job loss in the country was tremendous. On the other side of the globe, however, oil-exporting countries were making large profits and this created a demand for more laborers to support their new projects. Marcos saw this as a chance to utilize the Philippines’ surplus labor and he created a foreign policy called “Development Diplomacy,” which focused on exporting such surplus labor. In 1980, the number of overseas workers set for deployment by the Department of Labor and Employment (DOLE) had increased by 75% from that of the previous year.

Factors affecting the Labor Flow in the Philippines

[edit]

Labor Flows in the Philippines has been determined mainly by three factors: Rapid Population Growth, Uneven Development and Labor Oversupply and Unemployment.

  • Rapid Population Growth has been a large contributing factor in labor migration. Rapid population growth, which was one of the highest in the world during the 70s-90s, has caused urban growth problems such as overcrowding , traffic congestion, the emergence of squatter areas and slums and ultimately unemployment. This has led migrant workers from the countryside explore outside of the country.
  • Uneven population distribution of in the urbanized areas of the country and its other regions has caused socioeconomic imbalance. This socioeconomic imbalance or disparities has been seen to have caused the augmentation of the macroeconomic policies rendering it favourable for the urbanized areas, giving much attention to the industrial sector than the agricultural sector on the other regions of the country. Trade policies have also been seen to be highly biased on the rural development favouring industrial centers like the Metro Manila.
  • Poor labor absorptive capacity of the country’s economy has been a contributing factor for the magnitude of labor migration outside the country. This draws back to the rapid growth of the population outpacing the growth of the country thus causing further unemployment.

Current Government Policies

[edit]

Around four centuries after the first Filipino laborers migrated, a law on Philippine labor migration was finally enacted in 1995. The creation of the Migrant Workers and Overseas Filipinos Act of 1995 (RA 8042) was triggered by the growing pressures on the Philippines imposed by the murder case of Flor Contemplacion. This case almost severed bilateral ties between the Philippines and Singapore (Contemplacion’s host country), negatively affecting the former’s economy with a $61.3B decrease in investments by the latter. Graver than the economic distress caused by the Contemplacion case, was the reality it symbolized for the Filipinos. It was the final blow in a long struggle against the abuse suffered by Filipino migrant workers in their host countries. Besides that, other problems also existed, such as the abundance of so-called "tourist workers"—workers who migrated without going through the due process of labor migration and the proper briefing provided by regulatory government agencies.Faced with such problems, RA 8042 was created with its goal: "to institute the policies of overseas employment and establish a higher standard of protection and promotion of the welfare of migrant workers and their families and overseas Filipinos in distress."RA 8024 or the Migrant Workers and Overseas Filipinos act of 1995 seeks to deliver and provide full protection and promote full and equal employment opportunities for migrant workers. According to the Philippine Overseas Employment Administration, the act is intended for the assurance of the dignity and fundamental human rights and freedom of the Filipino citizens with an imperative to have an access to court and quasi-judicial bodies for the distressed overseas Filipinos. RA 8042 provided mechanisms to protect Filipino labor migrants from issues such as illegal recruitment and abuse by their employers. Some of the services that the government was to provide as stipulated in the law (Articles II-V) were the following:

  • To prevent illegal recruitment: issuance of travel advisories & information dissemination on labor and employment conditions and migration to be published thrice a quarter in a general circulation newspaper; creation of the Migrant Workers Loan Guarantee Fund of P100M for pre-departure and family loans of migrant workers
  • To aid migrant workers in distress in their host countries: creation of Emergency Repatriation Fund of at least P100M for repatriation of migrant workers in times of war, epidemic, disasters (natural or manmade), etc.
  • To enforce migrant workers’ rights in their host countries: establishment of Migrant Workers and Other Overseas Filipinos Resource Center which will provide, among many others, counsel and legal services, welfare assistance (medical services), post-arrival orientation, settlement and community networking services, human resource development (skills training), monitoring of daily situations of migrant workers, etc.; Rights and Enforcement Mechanisms Under International Human Rights Systems by the DFA (which will see to it that Filipino migrant workers who are victims of abuse and violation will receive the treatment they deserve under international human rights systems)
  • For returning Filipino migrant workers: establishment of re-placement and monitoring center which will aid their reintegration into the Philippine society by developing livelihood programs and promoting their local employment, among other services
  • Legal Services: creation of Legal Assistance Fund of P100M that will be used exclusively to provide legal services to Filipino migrant workers and overseas Filipinos in distress

In 2001, the Arroyo administration took a new stand regarding migrant workers. While RA 8042 stipulates that "the State does not promote overseas employment as a means to sustain economic growth and achieve national development… [rather], the existence of the overseas employment program rests solely on the assurance that the dignity and fundamental rights and freedoms of the Filipino citizen shall not, at any time be compromised or violated,"[6] President Arroyo declared overseas employment as a "legitimate option for the country’s work force. As such, government shall fully respect labor mobility, including the preference for overseas employment." Such statement signaled the shift of the government’s role from merely managing migrant workers in their ventures abroad to actively promoting "international labor migration as a growth strategy, especially of the higher skilled, knowledge-based workers."

In 2001–04, the following employment-promoting strategies were put action: enhancing the skills and competencies of the Philippine labor market by giving them easier access to training programs, facilitating employment by providing updated information on job opportunities to ensure the matching of workers’ skills and jobs, etc.

In 2010, RA 10022 or an Act Amending RA 8042 was enacted. The amendments to the law sought to further improve the protection mechanisms provided for Filipino migrant workers. RA 10022 is an act that amends RA 8024 that further improves the standard of protection and promotion of the welfare of migrant workers, their families and the overseas Filipinos in distress. This amendment establishes a continuous monitoring of international conventions, ratify those that guarantee protection of the migrant workers and enter bilateral agreement with the countries hosting overseas Filipino workers, free and accessible skills development and enhancement program for the unskilled workers. The state will also recognize non-government organizations, trade union, workers association, stakeholders and their similar entities duly recognized as legitimate in the protection of the Filipino overseas workers.

From 1565 to 2010, the face of Philippine Labor Migration had continued to evolve. Today, this stronger, systematized policy that the country adopts is one that neighboring countries like for example Indonesia try to emulate.

Regulatory Impact Analysis on the Philippine Labor Migration Policies

[edit]

According to Aniceto C. Orbeta Jr. and Michael R.M. Abrigo, on their research Managing International Labor Migration: The Philippine Experience, however the Philippines is seen as the global model in managing international labor migration, the Philippine Migration Management Infrastructure has inefficiencies that needed to be restructured or highlighted. This includes the inefficiency of the migration policies to resolve illegal recruitment cases, professionalization of the Household Service Worker Sector or the HSW has been unknown to migrant workers, minimum wage provision has been violated by the stipulation of a lower minimum wage, and issues regarding the no-placement fee provision. Cost of deployment for workers has been greatly affected by the inclusion of Language and Culture and Stress Management trainings.

Current Landscape

[edit]

Labor Export Policy as Part of the Philippine Development Plan 2011-2016

[edit]

The Labor Export Policy (LEP)[46] of the Philippines aims to protect and support its migrant workers. For a country who chooses to solve its unemployment by making work abroad more convenient for Filipinos, the Philippines has made several processes in order to protect and support its citizens.

To be able to work abroad, Filipinos must go through a licensed recruiter or a government agency or have their contracts approved by the Philippine Overseas Employment Administration (POEA).

In order to protect its migrants, the Philippines has made private recruiters pass through certain government standards. In order to be a licensed recruitment agency, it must be Filiipino-owned, meet capitalization and bondign requirement as well as not charging the worker more than one month’s salary as a placement fee.

To be able to provide quality labor to other countries and support to Filipinos, the Philippine government provides a number of subsidized benefits suchs as pre-migration training on social and work conditions abroad, life insurance and pension plans, medical insurance and tuition assistance for the migrant and his or her family, and eligibility for pre-departure and emergency loans. Registration for these benefits, which are administered by the Overseas Workers Welfare Administration (OWWA)[47] is compulsory. This is paid for by the agency from the direct wages of the migrant or directly from the migrant himself/herself.

In the case of the Philippine Development Plan (PDP) 2011-2016, overseas Filipino workers (OFWs) are to be required to apply for all social security schemes of the government Asset Reform. e.g. SSS, Philhealth.

Procedures and Qualifications in Becoming an OFW[48]

[edit]

For those who are going through certain agencies for employment abroad, the following will be asked of you for submission to the Philippine Overseas Employment Administration (POEA).

Land-based

[edit]
  1. Duly accomplished OFW Information Sheet
  2. Your Verified Employment Contract
  3. PDOS Certificate, National Certificate (NC) II, Comprehensive Pre-Departure Education Program (CPDEP) Certificate from OWWA (For HSWs)
  4. Verified Insurance Policy

Sea-based

[edit]
  1. Seafarer's Information Sheet
  2. Your Employment Contract (original and duplicate)
  3. Seafarer's Registration Certificate (SRC) (original)
  4. Seafarer's Identification and Record Book (SIRB) (original)

Fees

[edit]

Recruitment agencies will charge service fees from your employer as payment for services rendered in recruiting you. The employer also pays the cost of:

  • PHP200.00 - POEA Processing Fee
  • US$25.00 (PHP equivalent) - OWWA (Overseas Workers Welfare Administration) Membership Contribution (valid for two years)
  • PHP900.00 - PhilHealth-Medicare (for one year coverage)

Your agency is allowed to collect from you a placement fee equivalent to your one month salary, except in countries prohibiting collection of fees from workers. But there are agencies that collect much more than that, without receipts.

Remittance from OFWs

[edit]

Remittances of OFWs in millions of US Dollars[49]:


2011 2012 2013 2014 2015**
Personal 21,922 23,352 25,369 26,968 8,647
Cash* 20,117 21,391 22,984 24,348 7,807

* Remittances coursed through banks

**Partial data only until April 2015

Remittances of OFWs according to regions in millions of US Dollars:

2013[50] 2014[51] 2015*[52]
Americas 10,902.8  11,167.9  3,616.3 
Middle East 4,348.7 5,334.5 1,677.7 
Europe 3,953.1 3,761.1 1,151.8 
Asia 3,329.2  3,545.3  1,180.5 
Oceania 420.0  510.3  165.4 
Africa 30.2 29.1 14.9 

*Partial data only until April 2015

Salary, Taxes and Benefits [53]

[edit]

According to Hans Cacdac, POEA Head, OFWs are required to be given salary of a minimum of $400 a month. OFWs are also exempted from having their income taxed by the Philippines.

In agreement with the rules of POEA, OFWs are entitled to the following benefits:

  • eight hours' rest per day
  • one day off a week
  • free transportation from the Philippines to the host country and back
  • free accommodations and food
  • free medical and dental services
  • vacation leave with pay of up to 15 days a year
  • Personal life accident, medical and repatriation insurance from a reputable insurance company
  • Remittance of money to the Philippines, and assistance from the employer in setting up a bank account for this
  • just and humane treatment from the employer

Risks associated with Overseas Employment

[edit]

Health

[edit]

With OFWs travelling back and forth between countries, it cannot be avoided that disease will be spread from one nation to another. The risk involved here is that communities and people who have never been exposed to a certain disease will not have the necessary antibodies to fight the sickness.

One of the common health hazards with working abroad is HIV. The spread of the disease was due to the limited condom use, multiple partnering, clients of sex workers, low HIV knowledge, and low perceived HIV risk.[54] It was expected by the Trade Union Congress of the Philippines (TUCP) on June 22, 2015 that the number of OFWs testing positive to HIV could breach 4,000 if the government fails to take action. As of April 2015, the number of OFWs infected already reached 3,509 with the 221 new cases from January to April 2015. The median age of infected OFWs is 33 and mostly male. They comprise 14 percent of the aggregate 24,936 cases in the Philippine HIV and AIDS Registry as of April 2015.[55]

During the Ebola outbreak, nations were  devastatingly affected with the highly contagious virus. President Benigno Aquino III held off from announcing whether or not the country will send a team of health workers to West Africa[56].As the disease is spread via direct contact with an infected person, even after a short period after death, the risk of infection is very high and direct contact to any individual should be avoided to prevent the further spread of the virus. During this time, the MERS-COV, another highly contagious virus,  has already been put on the watch-list. Precautions were made to prevent the spread of the virus through education, close monitoring, and working with global authorities to deal with the diseases.

Abuse

[edit]

The issue commonly seen in social networks is that of physical abuse under foreign employment. These abuse cases can be caused by their own employers or by their co-workers. The intensity of each case can range from physical abuse to rape or even murder.

<Statistics needed>

Cases

[edit]

Jasmin Vergara suffered from sexual and physical abuse from her employers in Saudi in September 2012. She was asked to do sexual favors and was beaten upon refusal. When she received gifts or owned something that was not allowed by the employers, she was beaten. The sons of her employers would molest and sexually harass her. She was only kept silent by her responsibility to her family.[57]

Another OFW, who remains anonymous, was abused by a female employer in Kuwait before she escaped. She suffered being poured hot water on her back so that she would wake up and also suffered having her head hit the wall several times. Kuwait court ordered her employer to pay P2 million in damages to the OFW.[58]

Movements

[edit]

Senate President Pro Tempore Ralph Recto suggested to increase the number of trained government personnel who can give comfort and aid to OFWs. This can be done, according to Recto “[By adding] a fourth leg to the traditional agencies assisting the OFWs and that would be the Department of Social Welfare and Development which can dispatch professional social workers to countries where there are Filipinos in distress who need to be aided.” He also stated that there are budget limitation in and one possible funding source are “reasonable adjustments” in operating cost and overhead costs of DSWD’s Conditional Cash Transfer program in 2014.[59]

Illegal Recruitment

[edit]

The POEA apprehends numerous illegal recruiters regularly. Some of these recruiters submitted fake documents , which can be defined as the presenting false information. The cancellation of their license is then imposed with a corresponding penalty.[60]

There are certain penalties associated with illegal recruitment:

  1. Any person found guilty of illegal recruitment shall suffer the penalty of imprisonment of not less than six (6) years and one (1) day but not more than twelve (12) years and a fine not less than two hundred thousand pesos (P200,000.00) nor more than five hundred thousand pesos (P500,000.00).
  2. The penalty of life imprisonment and a fine of not less than five hundred thousand pesos (P500,000.00) nor more than one million pesos (P1,000,000.00) shall be imposed if illegal recruitment constitutes economic sabotage as defined herein.

Provided, however, that the maximum penalty shall be imposed if the person illegally recruited is less than eighteen (18) years of age or committed by a non-licensee or non-holder of authority.[61]

Many illegal recruitment agencies form for the sake of profit and some examples of how they earn money is by stealing the applicant’s money or by using the applicant in human trafficking or as drug mules for drug trafficking.[62]

POEA has partnered with an online recruitment company, Jobstreet.com, to fight illegal recruitment. In 2012, 152 cases of illegal recruitment with 312 victims were filed.[63]

Overseas Filipino Workers incarcerated or executed abroad

[edit]

The Aquino Administration has been the subject of scrutiny for international labor issues. According to Migrante International, a militant group supporting overseas workers, the current administration holds the record of having the most number of OFW executions since the implementation of the Philippine labor export policy in 1974.[64]

In April 2015, the nation witnessed Mary Jane Veloso’s clamor for clemency from the government of Indonesia, in order to reverse her death sentence due to her drug trafficking case.[65] Inasmuch as President Aquino appealed to Joko Widodo, president of Indonesia, the administration was bashed by a considerable majority especially on social media arguing that its efforts are always “last minute.” Not to be ignored is Veloso’s mother’s statement, “taumbayan ang tumulong.”

In December 2014, Carlito Lana, an OFW in Saudi Arabia, was sentenced to death due to his murder case. Being forced to pray during Muslim prayer time, Lana killed his employer in 2010 and was convicted in the same year. In 2014, his death was ordered by the Saudi Arabian government. Lana was the sixth OFW executed under the present administration.

As of April 2015, there is a total of 88 Filipinos in the death row in various countries according to the Department of Foreign Affairs.[66]

Regarding the Legal Assistance Fund for OFWs, Budget Secretary Florencio Abad stated that the DFA has an allocation of Php100 million in the 2015 national budget in response to militant groups’ accusations of insufficient funding for the sector supposed to extend support to overseas workers facing criminal charges in other countries.[67]

These two cases are just a microcosm of the difficulties that Overseas Filipino Workers encounter in the event that they get caught in the intricacies of foreign law and regulations. Not to be forgotten is the case of Flor Contemplacion, sentenced to death in 1995 in Singapore, which paved the way to the review of the international labor laws of the Philippines.[68]

Cost-Benefit Analysis of Labor Migration

[edit]

Economic Benefits

[edit]

Employment Opportunities

[edit]

The volume of OFWs working abroad as a proportion of the labor force of the country has increased dramatically. In 2014, the number of Filipinos working abroad grew by 137 percent from its number in the year 2000.

In the 1990s the National Economic Development Authority (NEDA) calculated that the country needed to create at least one million jobs annually in order to reach full employment by the year 2000. However, in 1994 only 415,000 jobs became available while the country's labor force increased by around 700,000.

According to the results of the 2014 Survey on Overseas Filipinos, the total number of OFWs currently stands at 2.3 million, based on the total number of OFWs working abroad anytime from April to September 2014. [69]

It was observed by the International Labour Organization (ILO) that the country’s full employment goal couldn’t be met with the domestic labor conditions and only through sending contract workers overseas could the country provide jobs for its people. Therefore, unemployment alleviation is one benefit from labor migration. (add citation from baseline article)

Remittances

[edit]

For countries like the Philippines, remittances are the main benefit of labor migration. With higher wages abroad, money can be sent back to the workers' families in the Philippines and this money is either consumed or saved. Therefore, remittances from abroad increase consumption in the source country and create more demand for goods, either through formal banking channels (where the government is able to measure foreign exchange) or through informal channels, the money circulates within the source country and helps stimulate the economy.

Furthermore, families who receive remittances tend to have a higher financial status. A slight decrease in poverty levels has been observed as a result. On the other hand, there is no clear negative relationship between income inequality and remittances in the Philippines.

Total OFW remittances have been increasing for the past years. In 1990, the yearly remittances reached the one billion US dollar mark and 24 years later, in 2014, had increased to 24 billion US dollars.[70] Data from 2005 and 2014 show  a 128 percent increase in remittances.

Remittances have helped stabilize the government’s national accounts. From 1975 to 1994, these remittances accounted for 2.6% of the country’s gross national product (GNP). However, according to the 2011 figures, remittances rose to around 11.17% of the country’s GNP.[10] NEDA economists believe that without these earnings from abroad, economic growth would be much lower. The country’s GNP grew because of high rates of OFW remittances and the government believed that the money remitted was used to help start-up small businesses, boost consumer spending and enable small-scale construction.[5] In 2014, remittances from OFWs constituted ten percent of the Philippines’ Gross Domestic Product (GDP).[71]

Foreign Exchange Reserves and Debt Repayment

[edit]

As of 2012 the country has huge debts, but the overseas Filipino workers (OFWs) foreign exchange remittances have kept the country's debts from increasing to critical levels. Not only is foreign debt being paid with these remittances but they are also used as collateral for new loans. Furthermore, they help to improve the balance of payments and reduce the trade gap. Foreign exchange reserves mainly come from labor migration and OFW remittances have surpassed the export sector in producing foreign exchange. For this reason the government is supporting overseas deployment of the labor force which has reached around one million Filipinos per year.[11]

Economic Drawbacks and Social Costs

[edit]

Decrease in Labor Force

[edit]

Although the labor force of the country has been increasing, labor migration has caused a lack of skilled workers, especially specialist workers who choose to work abroad for higher wages. As well as the social issues caused by OFWs and those they leave behind, the decrease in specialists has forced companies and government agencies to hire less experienced workers for highly skilled jobs.[12]

With what is colloquially called “brain drain,” the Philippines loses its human capital with the continuously growing number of Filipinos who decide to work abroad mostly for better compensation. This “exodus” of workers, such as nurses and doctors, will eventually lead to the country having a shortage of skilled workers in various sectors.[72]

Overseas Filipino Workers also decide to work abroad during their prime years, i.e. 25-34 years old. This age bracket constitutes 48.5 percent of the total OFW population in 2014.[73] On the side of the Philippines, this diaspora of Filipinos is a loss to the country due to the productivity that they could have contributed had they been working in the domestic sectors rather than abroad.

Economic Dependence

[edit]

With the growing number of OFWs sent abroad, the national economy, bolstered by remittances from other countries, becomes conditioned by the very fact that the growth exhibited by the economy is due mainly to monetary remittances by OFWs and not really contributed by national growth per se.

The economic consequences of being import-dependent and export-oriented redound to the disadvantage of the Philippines as it furthers mechanisms of dependence on other countries.[72] In addition, the Labor Export Policy conceals the national economy’s innate weakness through the remittances of OFWs to their families, with the local manufacturing industry performing poorly but nonetheless compensated for by the said source of income.[72]

Broken Families

[edit]

One of the consequences of working abroad is separation from one’s family. Reports from the POEA, Overseas Workers Welfare Administration (OWWA) and Non-Government Organizations, as presented by Senator Miriam Defensor-Santiago in 2007 for Senate Bill 1779, all point to the negative effects of separation due to labor migration in the OFWs’ families, most especially their children. Such effects include “broken marriages, drug addiction, sexual immorality, crimes, suicidal attempts and psychological breakdowns”[72]

Group 4 - VP J. Binay

[edit]

Jejomar “Jojo” Binay was born in Paco, Manila as Jesus Jose Cabauatan Binay on November 11, 1949 to Diego Medrano Binay and Lourdes Gatan. He is the fifteenth Vice President of the Republic of the Philippines under President Benigno S. Aquino III. He is also currently serving as the president of the Boy Scouts of the Philippines.

He was appointed by former President Corazon Aquino as officer-in-charge of Makati City from 1986-1987. After his assignment, he was elected as Makati City mayor from 1988-1998. During this term, he acted as MMDA chairman from 1990 to 1991. In 2001, he was reelected as mayor until the end of his term in 2010. He resigned as Chairman of the Housing and Urban Development Coordinating Council and as Presidential Adviser on Overseas Filipino Workers in June 22, 2015.

Binay is a member of the United Nationalist Alliance[74] (UNA), which is a coalition between the Pwersa ng Masang Pilipino and the Partido Demokratiko Pilipino - Lakas ng Bayan. It was founded as an electoral alliance in 2012, and later became an official political party in 2014.

Personal Life

[edit]

Early Life

[edit]

Orphaned at the age of nine, he was adopted by his uncle, Ponciano Binay.

Marriage and Family Life

[edit]

He is married to Dr. Elenita Sombilo Binay who also served as mayor of Makati from 1998 to 2001. They have five children.

Education[75]

[edit]

High School

[edit]

Binay finished basic education at the Philippine Normal College Training Department and graduated from the University of the Philippines Preparatory School.

College

[edit]

He went to the University of the Philippines Diliman for college and graduated in 1962 with a degree in Political Science.

Post-graduate studies

[edit]

He continued on to the UP College of Law and graduated in 1967 then pass the board examinations in 1968. He got a masters degree from the University of Sto. Tomas in 1980 and a masters degree in National Security Administration from the National Defense College of the Philippines. He took up Strategic Economic Program in the Center for Research and Communication. He enrolled in a Non-Resident and General Staff Course at the Command and General Staff College, AFP and joined the seniors executive fellow program at the John F. Kennedy School of Government in Harvard University. He earned a doctorate in Public Administration (Honoris Causa) from the Polytechnic University of the Philippines. In 1993, he received a diploma in Land Use Program from the University of the Philippines. In 1996, he finished the Top Management Program at the Asian Institute of Management in Bali, Indonesia. He also took up the Joint Services and Command Staff course in the AFP. He also has a Masters Degree in Management at the Philippine Christian University and a diploma in Environmental and Natural Resources Management from the University of the Philippines Open University.

[edit]

Upon passing the bar examination for Law, Binay took up human rights law. During the Martial Law period, he represented the political prisoners in the 1970s for no charge[76]. After some time, he himself was detained.

It was also during the Marcos regime that Binay and other human rights lawyers created Movement of Attorneys for Brotherhood, Integrity, and Nationalism (MABINI).[77]

Controversies

[edit]

Graft Charges (2006)

[edit]

Former Makati Mayor Jejomar Binay - together with his wife, Elenita, and nine others - were charged with graft by the Office of the Ombudsman before the Sandiganbayan. Allegedly, he had irregular purchases worth PhP 232 million from the years 1991-2006.

More investigation was done to see possible involvement of other officials of Makati City, as others may have also been involved in the scandal.

Binay was cleared of the charges by the Sandiganbayan due to the lack of probable cause even prior to Binay's arraignment.[1]

BIR Debt (2007)

[edit]

Then Makati Mayor Binay was ordered by the Bureau of Internal Revenue (BIR) to settle Makati City government's PhP 1.1 billion worth of unpaid taxes from the years 1999-2002. The BIR said that failure for Binay to do so would make the former go after the latter's properties.

Ordered by the Court of Tax Appeals (CTA), Binay was made to pay the deficiency in taxes amounting to more than PhP 1.1 billion to the BIR, in December 2009.

Binay's camp claimed and accused former President Gloria Macapagal Arroyo of political harassment. Because of this, as per the Department of Interior and Local Government (DILG), a suspension order was served against Binay over alleged corruption. The latter said that the tax obligations were already settled between the BIR and the Makati City government.

Despite the controversy of this tax liability issue, Binay still won the position of Vice President in 2010 by a landslide victory. [2]

Extramarital Affair and Leak of Personal Information (2010)

[edit]

A photo of then Vice Presidential candidate and former Makati City Mayor Binay, with his rumored mistress, was leaked online.

Though he admitted to having an extramarital affair, he said that the leaked photo was part of "black propaganda" against him, because of his high ratings in the Vice Presidential survey conducted prior to the leaking of the photo.

The alleged "black propaganda" device had little to no effect on the campaign of Binay, who closed the gap of votes between him and leading Vice Presidential candidate Senator Manuel "Mar" Roxas II in a formerly conducted survey. Despite the issue, Binay's landslide victory landed him the position of Vice President.[3]

Corruption Allegations (2014-present)

[edit]

The following are corruption allegations against Binay dating from 2014-present:

Property / Issue Location Worth Photo Remarks
400-hectare farm Rosario, Batangas
40-hectare farm Bauan, Batangas
10-hectare mango orchard
Two condominium units Rockwell, Makati City PhP 30 million Not mentioned in his Statement of Assets, Liabilities, and Net Worth (SALN)
Three story mansion with elevator Banuyo Street, San Antonio Village, Makati City Not mentioned in his SALN
House and lot Orbit Street, Bel-Air II Village, Makati City Not mentioned in his SALN
House and lot Palm Village, Guadalupe Viejo, Makati City Not mentioned in his SALN
Rest house Tali Beach, Batangas
Rest house Puerto Azul, Cavite
Rest house Zambales
Rest house Pangasinan
Houses Pasig, Parañaque, Mandaluyong, and Muntinlupa Cities
600 ghost employees PhP 3 million per month Authorized by wife, Elenita Binay and Amigas
Bogus charity project for sister city PhP 40 million
Bogus charity project for calamity fund for other provinces PhP 27 million
Bogus charity project for Project Aral Package PhP 22 million
Bogus charity project to send ambulances to other cities PhP 20 million
Infomercial being shown since 2009-present PhP 230 million Use of funds from Makati Foundation Day
Komiks for Vice President Campaign PhP 15 million
Illegal canteen businesses University of Makati and the Makati City Hall
Contract with Triforce Security Agency Makati City Hall Security agency owned by son-in-law
Contract with maintenance service, Red Hammer Construction and Services Makati City Hall Maintenance service owned by other son-in-law

Investigations regarding all these allegations of corruption are being done by the Department of Justice (DOJ), the Philippine Senate, and the Office of the Ombudsman.

Platform for 2016

[edit]

Vice President Binay disclosed his platform for his 2016 Presidential bid during his speech in the Integrated Bar of the Philippines in Cebu City on March 20, 2015. Binay aims to improve the situation in the state colleges and universities, public hospitals and clinics, police stations, and mass housing. He promises to increase the salaries and benefits of public school teachers, public health workers, members of the police force and other public servants. Binay also plans to redesign and re-engineer the transportation system of the country. He commits on building infrastructures and to prioritize creating more jobs. He proposes to change the constitution to boost the economy and speed up the country's development.[4]

Awards and Honors[78]

[edit]

Jejomar Binay has received a number of awards throughout his career, such as:

  • Outstanding chairman, Metro Manila Development Authority – September 19, 1992
  • Award on the Luzon Campaign Medal – November 10, 1992
  • Special Presidential Award for Service – June 15, 2002
  • Leadership Award, Presidential Citation – October 6, 2002
  • Most Outstanding City Mayor of Makati and Consumers Advocate Award – July 4, 2003
  • U. P. Oblation Run Award – February 7, 2004
  • Centennial Medal of Honor – June 4, 2005
  • Outstanding Public Official and Great Achiever – October 28, 2005
  • World Mayor Award granted by London-based City Mayors, a think tank on urban affairs – December 2006

Group 5 - Comprehensive Agrarian Reform Program

[edit]
Department of Agrarian Reform - Comprehensive Agrarian Reform Program
File:Department of Agrarian Reform logo.svg
Comprehensive Agrarian Reform Program ...
Websitehttp://www.dar.gov.ph/

Background

[edit]

The Comprehensive Agrarian Reform Program, more commonly known as CARP, is an agrarian reform law of the Philippines whose legal basis is the Republic Act No. 6657, otherwise known as the Comprehensive Agrarian Reform Law (CARL). [79] It is the redistribution of private and public agricultural lands to help the beneficiaries survive as small independent farmers, regardless of the “tenurial” arrangement. Among its goals are to provide landowners equality in terms of income and opportunities, empower land owner beneficiaries to have an equitable land ownership, enhance the agricultural production and productivity, provide employment to more agricultural workers, and put an end to conflicts regarding land ownership.

The Agrarian Reform is part of the long history of attempts of land reform in the Philippines. [80] The law was outlined by former President Corazon C. Aquino through Presidential Proclamation 131 and Executive Order 229 on June 22, 1987, and it was enacted by the 8th Congress of the Philippines and signed by Aquino on June 10, 1988.

Key Components

[edit]

The implementation of the Comprehensive Agrarian Reform Program relies heavily on the Department of Agrarian Reform (DAR). As the lead implementing agency, the DAR has the responsibility in carrying out the principle aspects of the program, which are Land Tenure Improvement (LTI), Program Beneficiary Development (PBD), and the Agrarian Justice Delivery (AJD).

The Land Tenure Improvement is highly recognized as the most integral aspect of the program. This component seeks to secure the tenurial status of the farmers and farmworkers. The DAR implements this component through Land Acquisition and Distribution (LAD) or Non-land Transfer Schemes.

The Land Acquisition and Distribution involves the redistribution of private and government-owned land to landless farmers and farm workers. Under Section 6 of RA 9700 ( Section 16 of RA 6657 as amended) regarding Land Acquisition, the DAR identifies lands that are eligible for distribution under the CARP with accordance to the law, acquires the land by delivering a notice containing the offer with its corresponding value to the owner should he choose to accept the payment. Following the acquisition of lands under Section 11 of RA 9700(Section 26 of RA 6657 as amended) the DAR distributes these to the qualified beneficiaries, who then pay for the land through the Land Bank of the Philippines or directly to their former owners.[81]

  1. ^ 10, Ed Umbao on May. "Grace Poe Profile, Bios, & Platform (Senatorial Candidate #28)". Philippine News. Retrieved 2015-07-01. {{cite web}}: |last= has numeric name (help)
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  38. ^ a b "Stock Estimate of Overseas Filipinos | Commission on Filipinos Overseas". www.cfo.gov.ph. Retrieved 2015-06-30.
  39. ^ a b c d e "Index of Survey on Overseas Filipinos (SOF) Reports | National Statistics Office". web0.psa.gov.ph. Retrieved 2015-06-30.
  40. ^ http://web0.psa.gov.ph/sites/default/files/attachments/hsd/article/TABLE%201.1%20Distribution%20of%20Overseas%20Filipino%20Workers%20by%20Sex%20and%20Region%20%202014.pdf. {{cite web}}: Missing or empty |title= (help)
  41. ^ a b http://web0.psa.gov.ph/sites/default/files/attachments/hsd/article/TABLE%202.1%20%20Distribution%20of%20Overseas%20Contract%20Workers%20by%20Sex%20and%20Region%20%202014.pdf. {{cite web}}: Missing or empty |title= (help)
  42. ^ a b http://web0.psa.gov.ph/sites/default/files/attachments/hsd/article/TABLE%20%202.2%20%20Distribution%20of%20Overseas%20Contract%20Workers%20by%20Age%20Group%2C%20Sex%20and%20Area%20%202014.pdf. {{cite web}}: Missing or empty |title= (help)
  43. ^ "http://www.poea.gov.ph/stats/2013_stats.pdf" (PDF). www.poea.gov.ph. Retrieved 2015-07-03. {{cite web}}: External link in |title= (help)
  44. ^ "http://www.poea.gov.ph/stats/2013_stats.pdf" (PDF). www.poea.gov.ph. Retrieved 2015-06-30. {{cite web}}: External link in |title= (help)
  45. ^ http://www.poea.gov.ph/stats/2009_OFW%20Statistics.pdf. {{cite web}}: Missing or empty |title= (help)
  46. ^ "Labor Export as Government Policy: The Case of the Philippines". Retrieved 2015-07-03.
  47. ^ "OVERSEAS WORKERS WELFARE ADMINISTRATION | Abot kamay ng pamilyang OFW". www.owwa.gov.ph. Retrieved 2015-07-03.
  48. ^ "Overseas Filipino Workers: The POEA Process For Agency-Hired OFWs". Retrieved 2015-06-30.
  49. ^ "http://www.bsp.gov.ph/statistics/keystat/ofw.htm". www.bsp.gov.ph. Retrieved 2015-07-02. {{cite web}}: External link in |title= (help)
  50. ^ "Remittances of Overseas Filipinos by Country of Origin: 2013 - April 2015" (PDF).
  51. ^ "Remittances of Overseas Filipinos by Country of Origin: 2013 - April 2015" (PDF).
  52. ^ "Remittances of Overseas Filipinos by Country of Origin: 2013 - April 2015" (PDF).
  53. ^ "OFW Guide: Reminders for domestic workers going abroad". Retrieved 2015-06-30.
  54. ^ Weine, Stevan M.; Kashuba, Adrianna B. (2012/04/06). "Labor Migration and HIV Risk: A Systematic Review of the Literature". AIDS and Behavior. 16 (6): 1605–1621. doi:10.1007/s10461-012-0183-4. ISSN 1090-7165. PMC 3780780. PMID 22481273. {{cite journal}}: Check date values in: |date= (help)
  55. ^ "Group sees number of HIV-infected OFWs hitting 4,000 mark this year". Retrieved 2015-06-30.
  56. ^ "With 10-M OFWs, PNoy says country at risk of diseases, but mum on sending anti-Ebola team to Africa". Retrieved 2015-06-30.
  57. ^ "OFW suffering sexual and physical abuse from a family in Saudi cries for help by reaching out to netizens". Viral4Real. Retrieved 2015-06-30.
  58. ^ Rodriguez, Frtizie (January 6, 2015). "OFW victim of domestic abuse turns to Facebook to find abuser". Rappler.
  59. ^ "Press Release - Recto: As OFW abuse cases mounts, Recto bats for deployment of more 'social welfare attaches'". www.senate.gov.ph. Retrieved 2015-06-30.
  60. ^ "http://www.poea.gov.ph/news/2014/PR_Oct2014_misrepresentation.pdf" (PDF). www.poea.gov.ph. Retrieved 2015-06-30. {{cite web}}: External link in |title= (help)
  61. ^ "All About Illegal Recruitment - Philippine Overseas Employment Administration (POEA)". www.poea.gov.ph. Retrieved 2015-06-30.
  62. ^ "POEA warns about victims of illegal recruitment and human trafficking used as drug couriers" (PDF). POEA.gov.ph. April 27, 2015. {{cite web}}: line feed character in |title= at position 78 (help)
  63. ^ Tamayo, Ace (June 5, 2013). "POEA goes online to fight illegal recruitment". Rappler.com.
  64. ^ "Remains of beheaded OFW buried in Saudi Arabia — Palace". Retrieved 2015-06-30.
  65. ^ "Mary Jane Veloso". 2015-06-12T22:03:02Z. {{cite journal}}: Check date values in: |date= (help); Cite journal requires |journal= (help)
  66. ^ "Aside from Mary Jane Veloso, over 80 other Pinoys facing death penalty abroad". Retrieved 2015-06-30.
  67. ^ "DFA has P100-M fund for OFW legal aid". Retrieved 2015-06-30.
  68. ^ "The Lessons Singapore Learned From Flor Contemplacion - www.NewsDesk.asia". www.NewsDesk.asia. Retrieved 2015-06-30.
  69. ^ "Total Number of OFWs Estimated at 2.3 Million (Results from the 2014 Survey on Overseas Filipinos)¹ | National Statistics Office". web0.psa.gov.ph. Retrieved 2015-06-30.
  70. ^ "http://www.bsp.gov.ph/statistics/keystat/ofw.htm". www.bsp.gov.ph. Retrieved 2015-06-30. {{cite web}}: External link in |title= (help)
  71. ^ Chandran, Nyshka. "Philippines: Watch out for this roadblock". Retrieved 2015-06-30.
  72. ^ a b c d San Juan, David Michael (2014). "Pambansang Salbabida at Kadena ng Dependensiya: Isang Kritikal na Pagsusuri sa Labor Export Policy (LEP) ng Pilipinas (Filipino)". Malay 27, no.1, 48-68. {{cite journal}}: |access-date= requires |url= (help)
  73. ^ "Statistical Tables on Overseas Filipino Workers (OFW): 2014 | National Statistics Office". web0.psa.gov.ph. Retrieved 2015-06-30.
  74. ^ "Profile of Jejomar "Jojo" Cabauatan Binay | ABS-CBN News". www.abs-cbnnews.com. Retrieved 2015-06-30.
  75. ^ "Profile of Jejomar "Jojo" Cabauatan Binay | ABS-CBN News". www.abs-cbnnews.com. Retrieved 2015-06-30.
  76. ^ Ager, Maila. "Binay presses martial law human rights victims to claim compensation". newsinfo.inquirer.net. Retrieved 2015-07-02.
  77. ^ ABS-CBNnews.com, By. "'Martial law' in Senate disturbs Joker, Saguisag". Retrieved 2015-07-02.
  78. ^ "Profile of Jejomar "Jojo" Cabauatan Binay | ABS-CBN News". www.abs-cbnnews.com. Retrieved 2015-06-30.
  79. ^ http://www.dar.gov.ph/ra-6657-what-is-carp-comprehensive-agrarian-reform-program
  80. ^ http://dirp3.pids.gov.ph/ris/wp/pidswp9113.pdf
  81. ^ http://www.lawphil.net/statutes/repacts/ra2009/ra_9700_2009.html

Under the CARP, a total target of 10.3 million hectares of land was programmed to be distributed over a span of ten years. Out of the total land, 6.5 million hectares of public disposal lands and Integrated Social Forestry areas are to be distributed by the Department of Environment and Natural Resources (DENR) while 3.8 million hectares of private agricultural lands are to be distributed by the DAR. From July 1987 to June 1992, the DAR was able to distribute 1.77 million hectares benefiting .933 million beneficiaries, while the DENR has distributed 1.88 million hectares to .760 million farmers.[1]

  1. ^ Leones, Susana Evangelista and Frede G. Moreno. "Agrarian Reform and Philippine Political Development" Political Economy: International Political Economy.(2012): 1-17.

Leasehold Operations is the alternative non-land transfer scheme that covers all tenanted agricultural lands in retained areas and in yet to be acquired or distributed lands. Under this component, the DAR mediates between the landowners and tenants so that their share tenancy arrangement could be turned into a leasehold agreement, whereby the beneficiaries will pay a fixed fee based on their own historical production records instead of paying a large percentage share of their produce to the landowner.[1]

  1. ^ Navarro, Conrado S., “Institutional Aspects of Policy Implementation and Management of the Philippine Comprehensive Agrarian Reform Program” Paper presented at the Policy Dialogue on Agrarian Reform Issues in Rural Development and Poverty Alleviation, Manila, Philippines, May 30,2007.

The Program Beneficiaries Development is a support service delivery component of CARP. It aims to aid the agrarian reform beneficiaries by providing them necessary support services to make their lands more productive, and enable them to venture in income generating livelihood projects in accordance to Section 14 of RA 9700(Section 37 of RA 6657 as amended) . [1]

Under the support service delivery programs, the Presidential Agrarian Reform Council(PARC) ensures that agrarian reform beneficiaries are provided with support services such as land surveys and tilting, construction of infrastructures, marketing and production assistance, credit and training.[1]

The Agrarian Justice Deliverycomprises of two features which are the Agrarian Legal Assistance and Adjudication of Cases. Under Section 19 of RA 97600 (Section 50 of RA 6657 as amended), the DAR is hereby vested with the primary jurisdiction to determine and adjudicate agrarian reform matters and shall have exclusive original jurisdiction over all matters involving the implementation of agrarian reform except those falling under the exclusive jurisdiction of the Department of Agriculture (DA) and the Department of Environment and Natural Resources (DENR).[1]

The Agrarian Legal Assistance is under the Bureau of Legal Assistance (BALA). The BALA provides legal assistance to the beneficiaries affected by agrarian cases, particularly those whose legal rights as ARB’s are challenged by landowners.

The Adjudication of Cases involves the adjudication of cases by the Department of Agrarian Reform Adjudication Board (DARAB). The adjudication of cases deals with disputes pertaining to tenancy relations; valuation of lands acquired by DAR under compulsory acquisition mode; rights and obligations of persons, whether natural or juridical, engaged in the management cultivation and use of all agricultural lands; ejectment and dispossession of tenants/leaseholders; review of leasehold rentals; and other similar disputes. [1]

  1. ^ Navarro, Conrado S., “Institutional Aspects of Policy Implementation and Management of the Philippine Comprehensive Agrarian Reform Program” Paper presented at the Policy Dialogue on Agrarian Reform Issues in Rural Development and Poverty Alleviation, Manila, Philippines, May 30,2007.

Development

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At the end of the 20th century, the population of the Philippines has increased rapidly to 75.32 million. This means that each family is comprised of 6 persons while living in a country of 297,410 square kilometers thus making the Philippines known for having a very high population density. In addition to this, with a population growth of 2.02 per year, the Philippine population is expected to double in the span of 25 years. 60 percent of the Philippine population is rural, and over 12 million Filipinos make a living directly from agricultural cultivation. Around 9.5 million hectares of land across the Philippines are used to plan various crops. In terms of landlessness, the number of landless agricultural families rose up from 5 million to 11.32 million families. Out of these 11.32 families, 4.6 million make a living from lands they don’t own. 0.70 million are rented, 2 million are laborers, while 1.9 million are farming as tenants.[1]

Land Reform under Aquino Administration (1986-1992)

During the start of President Corazon Aquino’s term on 1986, the Constitutional Commission approved Section 21 under Article II, which states that “The State shall promote comprehensive rural development and agrarian reform.” This led to the drafting of CARP, which took the Congress a year to make. On June 10, 1988, Republic Act No. 6657, also known as the Comprehensive Agrarian Reform Law (CARL), was passed to promote social justice and industrialization. Although it was still a product of adherence to democratic principles, this law was found to have many flaws. Because of much dissatisfaction with the agrarian reform law, proposals from peasant groups and non-government organizations grew in order to implement an alternative program that was more advantageous to them. However, this did not succeed.

CARP recognizes not only farmers but all landless workers as beneficiaries with the condition that they cultivate the land. The two main departments in charge of this program are Department of Agrarian Reform (DAR) and Department of Environment and Natural Resources (DENR). Aside from the land distribution, it also provides the delivery of support services and security to the farmers.

Under the Aquino administration, a total of 898,420 landless tenants and farmers became recipients of land titles and support services. Even with this, it can be considered unsuccessful because it only accomplished 22.5 percent of land distribution in 6 years. This was due to the fact that Aquino assigned 4 different DAR secretaries. The major setback for CARP was Aquino’s Hacienda Luisita’s Stock Distribution Option, which says that she was the first landlord to evade CARP on a grand scale.


Land Reform under Ramos Administration (1992-1998)

The policies on agrarian reform under the Ramos administration focused on accelerating the direct land transfer and non-land transfer through adopting more rational, fair and inexpensive settlements. It encouraged landowners to invest in rural-based industries that are connected to agriculture. It made an amendment to Section 63 of CARL to increase the fund of this project to 100 billion. Salaries of workers and members of DAR board were increased to motivate them for more successful results as well.

The target land to be given to farmer beneficiaries under this Administration was 3.4 million hectares, 4.7 million or 60 percent of which was successfully distributed. It achieved more than double the output of the Aquino administration. It focused on “less contentious landholdings and acquisition modes,” where they chose to work with autonomous NGOs and peasant organizations. However, controversies were unavoidable as they encountered landlords openly harassing peasants with guns and forcing them out of the lands.

Land Reform under Estrada Administration (1998-2001)

This administration focused on fast tracking land acquisition and distribution. It wanted to reduce uncertainties in land market in rural places to help farmers’ efficiency and private investment to grow. It encouraged joint ventures, corporative, contact farming and other marketing arrangements to protect the status of stakeholders and promotion of agri-industrialization. They also improved the databases of the implementing agencies of DAR and DENR to fully record and update the lands covered. Estrada highlighted that there was a need to conceptualize new approaches in doing things to build a new social agreement where producers, government and private sectors work with a common goal.

The program encountered some problems such as strong landowners resistance. Tenants also complained on the limited amount of fund allocation provided by the government for the project. It aimed to complete 7.8 million hectares by 2004. Since President Estrada lasted only 2.5 years as president, the total beneficiaries of CARP was only 0.18 million or 10 percent.[2]

Unsuccessful after 26 years

On June 30, 2014, CARP officially ended with 664 farmers killed in the name of land reform. In the 4 years of the Noynoy Aquino administration, 96 farmers have been killed as as oppose to the 9 that were killed during the Arroyo administration. 568 of these were victims of extra-judicial killings. KMP chairman Rafael Mariano said, “Farmers asserting their rights to the land were subjected to human rights abuses while peasant leaders were rendered as criminals, incarcerated and, worse, were massacred.”

CARP expired when the Congress did not approve Aquino’s proposal to extend it for 2 more years. DAR has indicated 494,945 law implementation cases since the start of the program. All of which led back to how CARP failed over the years and how it affected the lives of many innocent tenants and farmers.[3]

CARPER

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Comprehensive Agrarian Reform Program Extension with Reforms, known also as CALPER or CARPer, (Republic Act 9700) was an extension of CARP that was passed in August 7, 2009 and was set to expire in 2014. In December 2008, the budget for CARP expired and there remained 1.2 million hectares of agricultural land waiting to be acquired and distributed to farmers

CARPer is an act strengthening the comprehensive and distribution of all agricultural lands, instituting necessary reforms, amending for the purpose of certain provisions of republic act no.6657, otherwise known as the comprehensive agrarian reform law of 1988, as amended and appropriating funds therefor. [4]

Group 6 - Indigenous Peoples' Rights in the Philippines

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Historical Content

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 Early beginnings of ancestral domains protection

[edit]

In the earlier years, indigenous people’s rights were mainly narrowed on claims on the right of land, territory and ancestral domain ownership as the land is the means of ensuring the survival of the indigenous communities and culture.

Prior to R.A. 8371, the government supported the resettlement of the Indigenous Cultural Communities (ICCs) from their ancestral land, which was massive during the Commonwealth and early years of the Philippine Republic. Pursuant to the Regalian Doctrine, reinstated in the 1987 Constitution of the Philippines Section II, Article 12, first introduced to our legal system by Spain through the Royal Decree, of 13 February 1894 or the Maura law, the government passed laws to legitimize the whole sale land grabbing and provided for easy titling or grant of lands to migrant homesteaders within the traditional areas of the ICCs [5].

Year 1909, in the case of Carino vs. Insular Government, the court has recognized long occupancy of land by an indigenous member of the cultural communities as one of private ownership, which, in legal concept, is termed “native title”.[6]  Since then, many laws have been passed recognizing implicitly or explicitly and liberally or restrictively, the so-called “native title” or “private right.”

In the year 1919, the Second Public Land Act was enacted, recognizing the right of ownership of any native of the country who, since July 4, 1907, or prior thereto, has continuously occupied and cultivated, either by himself or through his predecessors-in-interest, a tract of agricultural public land.

In 1936, Commonwealth Act No. 141, amended by R.A. 3872 of 1964, was passed which provides that members of the national cultural minorities who have resided on agricultural, public land since July 4, 1955 are entitled to recognition of ownership whether or not the land has been certified as “disposable.” They shall be conclusively presumed to have performed all conditions essential to a government grant and shall be entitled to a certificate of title.[5] Furthermore, under Bureau of Forestry Administrative Order No. 11 of 1970, all forest concessions were made subject to the private rights of cultural minorities within the area as evidenced by their occupation existing at the time a license is issued by the government.  The Revised Forestry Code of 1975 (Presidential Decree 705 under President Marcos) defines this “private right” of as “places of abode and worship, burial grounds and old clearings.”[7]

In 1978, the Presidential Arm for National Minorities (PANAMIN) was authorized to design, implement and maintain settlements among the National Minorities. Prior to this, a Presidential Decree was issued in 1974, declaring all agricultural lands occupied and cultivated by members of the national Cultural Communities since 1964 as alienable and disposable, except the islands of Panay and Negros and the provinces of Abra, Quezon, Benguet and Camarines which became effective on March 11, 1984.[5]

The most recent laws before the IPRA was passed which recognize the existence of ancestral land right are the Organic Act of Autonomous Region in Muslim Mindanao (RA 6734, 1989), and the Organic Act for the Cordillera Autonomous Region (RA 6766, 1989).[5]

Birth of Indigenous People’s Rights Act of 1997 (R.A. 8371)

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The decrees that have been passed fail to encompass all the needs of the indigenous people primarily because of failure in implementation and sole focus on the land and domains only. Because of this, a more comprehensive law is needed that “seeks to stop prejudice against indigenous people through recognition of certain rights over their ancestral lands, and to live in accordance recognize and protect the rights of the indigenous people not only to their ancestral domain but to social justice and human rights, self-determination and empowerment, and their cultural integrity[5].” This then gave birth to movements for a comprehensive law that will protect not only the lands but human rights of the Filipino indigenous people.

CIPRAD or the Coalition for Indigenous People’s Rights and Ancestral Domains is an alliance of Indigenous People’s Organizations (IPOs) and non-government organizations (NGOs) created to pursue the advocacy for IP rights and ancestral domains. The Coalition is participated by IPOs in the Cordillera, Region I, Nueva Vizcaya, Cagayan, Caraballo, Sierra Madre, Quezon, Aurora, Quirino, Nueva Ecija, Zambales, Pampanga, Bulacan, Mindoro Occidental, Palawan, Panay, Davao, Cagayan, Cotabato and Zamboanga. CIPRAD partnered with various NGOs organizations such as Episcopal Commission on Indigenous Peoples, National Peace Conference, Center for Living Heritage and PANLIPI (Legal Assistance Center for Indigenous Filipinos) in order to lobby for the IPRA or Indigenous People’s Rights Act

IPRA, formerly known as Ancestral Domain Bill, was first filed in the Congress sometime in 1987 under the Senate Bill No. 909 authored by Senator Santanina Rasul, Senator Joseph Estrada and Senator Alberto Romulo, during the 8th Congress, but was never enacted in to law. In the 9th Congress, Senator Rasul introduced Senate Bill No. 1029 and Senator Macapagal-Arroyo introduced Senate Bill No. 1849. However, the bill was never sponsored and deliberated upon in the floor.

Despite these failed efforts, the IPOs decided to give it another try. Decisions have been made during social negotiations among NGOs and POs to rename the bill from Ancestral Domain Bill to Indigenous Peoples Rights Act to emphasize the holistic approach and character of the bill. A consensus was made on December 1995 between IP representatives and NGO representatives. Seven non-negotiable points of the bill that were promoted are the following:

a) recognition of native title and rights of IPs to ancestral domains, b )respect for the right to cultural integrity, c) recognition of indigenous peoples’ political structures and governance, d) delivery of basic services to the indigenous peoples, e) respect for human rights, f) elimination of discrimination, g) and creation of an office that would cater to the IPs needs.[5]

Year 1996, during the 10th Congress, Senator Juan Flavier sponsored the Bill no. 1728 which meant that he has to defend the bill in all the Senate deliberations and discussions. In his sponsorship speech, he discussed the legal bases for the bill which can be found in the 1987 Constitution (i.e. Article II, Sec. 22, Aricle XIV, Sec 17, Article XIII, Sec 6, and Article XII, Sec5). He also discussed the basic rights of the ICCs, the contents of the bill itself, and the immediate need of protection of the Filipino Indigenous People.

Despite difficult hurdles and amendments enacted in the Congress which nearly brought the movement to its death, the House of Representatives finally approved the bill late in September 1997. President Fidel V. Ramos signed it on 22 October 1997 officially making it Republic Act No. 8371 Indigenous People’s Rights Act of 1997 which aims to “Recognize, Protect and Promote the Rights of Indigenous cultural Communities/Indigenous Peoples (ICCs/IPS) and for other Purposes.”  

UN Declaration on the Rights of Indigenous People

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General Provisions of R.A. 8371

[edit]

Definition of Terms

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Indigenous People of the Philippines

[edit]

The Philippines is a culturally diverse country with an estimated 14- 17 million Indigenous Peoples (IPs) belonging to 110 ethno-linguistic groups. They are mainly concentrated in Northern Luzon (Cordillera Administrative Region, 33%) and Mindanao (61%), with some groups in the Visayas area (as of 2013).”  term indigenous people as used to reflect the contemporary international language which was formally adopted in 1993.[8]

The term indigenous cultural communities (ICCs) was used in the Philippine Constitution to describe a group of people sharing common bonds of language, customs, traditions and other distinctive cultural traits, and who have, under claims of ownership since time immemorial, occupied, possessed and utilized a territory. Time immemorial refers to a period of time when as far back as memory can go, certain ICCs/IPs are known to have occupied, possessed and utilized a defined territory devolved to them by operation of custom law/traditions or inherited from their ancestors.

Both the terms IPs and ICCs refer to homogenous societies identified by self-ascription and ascription by others, who have continuously lived as a community on communally bounded and defined territory, sharing common bonds of customs, traditions and other cultural traits, through resistance to political, social and cultural inroads to colonization, non-indigenous religions and culture. Whereas, the Filipino majority learned very well the ways of the colonial masters by adapting to their laws and practices, the minority (IPs), consciously asserted the integrity of their ancestral territories, pre-hispanic native culture and justice systems which are viewed as diametrically opposed to the majority’s world view, but which the IPRA law attempts to recognize and interface with the national legal system.[5] 

Ancestral Domains

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Ancestral domains refer to areas generally belonging to ICCs/IPs comprising lands, inland waters, coastal areas, and natural resources held under a claim of ownership, occupied or possessed by ICCs/IPs, by themselves or through their ancestors, communally or individually since time immemorial, continuously to the present even when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects or any other voluntary dealings entered into by government and private individuals or corporations, and which are necessary to ensure their economic, social and cultural welfare. This includes the spiritual and cultural bonds to the areas which the ICCs/IPs possess, occupy and use and to which they have claims of ownership. Proof of time immemorial possession of the domain may include testimony of elders, historical accounts, anthropological or ethnographic studies, names of places using dialect or language of indigenous peoples, genealogy, treaties or pacts between or among indigenous peoples and or other populations. 

Ancestral lands, as stated in the IPRA, "are forests, pastures, residential, agricultural and other lands individually owned whether alienable and disposable otherwise, hunting grounds, burial rounds, worship areas, bodies of water, mineral and other natural resources and lands which may no longer be exclusively occupied by ICCs/IPs but from which they traditionally had access to for their subsistence and traditional activities, particularly the home ranges of ICCs and IPs who are still nomadic and or shifting cultivators."[9]

Ancestral Lands

[edit]

Ancestral lands, as stated in the law, refer to "lands occupied, possessed and utilized by individuals, families and clans who are members of the ICCs/IPs since time immemorial, by themselves or through their predecessors-in-interest, under claims of individual or traditional group ownership, continuously, to the present even when interrupted by war, force majeure or displacement by force, deceit, stealth or as a consequence of government projects, and other voluntary dealings entered into by government and private individuals/corporations, including, but not limited to residential lots, rice terraces or paddies, private forests, swidden farms and tree lots."[9]

Ancestral land owners are given the right to transfer these ancestral lands and the right to redeem ancestral lands lost through vitiated consent.      

Contents

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Right of Empowerment and Self Governance

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SECTION 13.         Self-Governance. — The State recognizes the inherent right of ICCs/IPs to self-governance and self-determination and respects the integrity of their values, practices and institutions. Consequently, the State shall guarantee the right of ICCs/IPs to freely pursue their economic, social and cultural development.

SECTION 14.         Support for Autonomous Regions. — The State shall continue to strengthen and support the autonomous regions created under the Constitution as they may require or need. The State shall likewise encourage other ICCs/IPs not included or outside Muslim Mindanao and the Cordilleras to use the form and content of their ways of life as may be compatible with the fundamental rights defined in the Constitution of the Republic of the Philippines and other internationally recognized human rights.

SECTION 15.         Justice System, Conflict Resolution Institutions, and Peace Building Processes. — The ICCs/IPs shall have the right to use their own commonly accepted justice systems, conflict resolution institutions, peace building processes or mechanisms and other customary laws and practices within their respective communities and as may be compatible with the national legal system and with internationally recognized human rights.

SECTION 16.         Right to Participate in Decision-Making. — ICCs/IPs have the right to participate fully, if they so choose, at all levels of decision-making in matters which may affect their rights, lives and destinies through procedures determined by them as well as to maintain and develop their own indigenous political structures. Consequently, the State shall ensure that the ICCs/IPs shall be given mandatory representation in policy-making bodies and other local legislative councils.

SECTION 17.         Right to Determine and Decide Priorities for Development. — The ICCs/IPs shall have the right to determine and decide their own priorities for development affecting their lives, beliefs, institutions, spiritual well-being, and the lands they own, occupy or use. They shall participate in the formulation, implementation and evaluation of policies, plans and programs for national, regional and local development which may directly affect them.

SECTION 18.         Tribal Barangays. — The ICCs/IPs living in contiguous areas or communities where they form the predominant population but which are located in municipalities, provinces or cities where they do not constitute the majority of the population, may form or constitute a separate barangay in accordance with the Local Government Code on the creation of tribal barangays.

SECTION 19.         Role of Peoples Organizations. — The State shall recognize and respect the role of independent ICCs/IPs organizations to enable the ICCs/IPs to pursue and protect their legitimate and collective interests and aspirations through peaceful and lawful means.

SECTION 20.         Means for Development/Empowerment of ICCs/IPs. — The Government shall establish the means for the full development/empowerment of the ICCs/IPs own institutions and initiatives and, where necessary, provide the resources needed therefore.[10]

Rights to Ancestral Domain

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Chapter III, section 7 of the Republic Act No. 8371 of 1997 covers the 8 Rights to Ancestral Domain. This chapter focuses on the identification and protection of the entitlement of the Indigenous Cultural Communities (ICC), and the Indigenous Peoples (IPs) as the proper owners of their ancestral land. The following rights are listed below:

This was implemented in order to stop the historical injustices experienced by the IPs. Despite the implementation of the law since the year 1997, the IPs of the Philippines still persistently experience injustices. The IPs are struggling fighting for their rights because they feel like the government has continued to neglect them.

The main criticism concerning R.A. 8371 is that it is ambiguous. One of the issues it encountered was that it is inconsistent and conflicting with the Philippines’ constitution (2).

This has become the case because of the doctrine of jura regalia, which means that “all lands of the public domain belong to the state” (2). The next problem encountered was that the ancestral domain rights’ legal characterisation as “private but communal” differentiated from the Philippines’ civil law’s idea of co-ownership of real property. This meant that areas in ancestral domains is shared by the members of the community, but that does not mean that they are considered as co-owners of the said property according the the New Civil Code (2).

Section 57 of chapter VIII ofthe Republic Act No. 8371 of 1997 which states that:

Natural resources within Ancestral Domains - The ICCs/IPs shall have priority rights in the harvesting, extraction, development or exploitation of any natural resources within the ancestral domain. A non-member of ICCs/IPs concerned may be allowed to take part in the development and utilization of the natural resources for a period of not exceeding twenty-five (25) years: provided, that a formal and written agreement is entered into with the ICCs/IPs concerned or that the community, pursuant to its own decision making process, has agreed to allow such operation: provided, finally, that the NCIP may exercise visitorial powers and take appropriate action to safeguard the rights of ICCs/IPs under the same contract (1).

is also viewed as problematic (2) because being given

the right to be prioritised in terms of development, exploitation, extraction, or harvesting of natural resources belonging in ancestral domains does not necessarily mean that an IP member is given the right of ownership of the said natural resources (3). Section 57 does not really reject the jura regalia, also known as the Regalian Doctrine or the Doctrine of Discipline expressed in the 1935, 1973, and 1987 Philippine Constitutions (4). According to the constitutions mentioned, the Regalian Doctrine expresses that “all lands of the public domain, as well as all natural resources enumerated therein, whether private or public land, belong to the State.” (4). Most argue that the IPRA is flawed because it violates this (4). Instead of protecting the rights of the IPs, Section 57 strengthens argument that all natural resources found in ancestral domains belong to the State (3).

Social Justice and Human Rights

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This chapter in the IPRA was written to recognize the indigenous people’ right to the same privileges and protections also afforded by the State to its citizens.  The law reemphasizes that all ICC/IPs are legally entitled to fundamental universal human rights and that the State should actively create an inclusive environment with this in mind.

Among these rights include;

Equal Protection and Non-discrimination of ICCs/IPs
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            Patterned after international standards set by the Charter of the United Nations, Universal Declaration of Human Rights as well as the equal protection clause in the Philippine 1987 Constitution, this section places the State as duly responsible for the execution of the IPs’ human rights. The State is then called to acknowledge the ICCs/IPs position as a vulnerable group that have been historically excluded from socio-economic opportunities and to guarantee that the IPs enjoy equal protection by the law.

Rights During Armed Conflict
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As signatory to the Geneva Conventions, the State is expected to respect and to ensure respect for the Conventions in all circumstances including local and international armed conflict. The State through the NCIP is empowered to ensure all civliians including IPs'/ICCs' safety in circumstances of emergency and conflict.

This being said, areas under Ancestral Domains and members of indigenous tribes require special regulation beyond that of the Convention as legally recognized IPs/ICCs are given the freedom to govern their territories by their own laws. Through the IPRA, the State must not;

a) Recruit children of the ICCs/IPs into the armed forces under any circumstance;

b) Conscript or recruit ICC/IP individuals against their will to the armed forces, and in particular for use against other indigenous peoples;

c) Relocate ICC/IP communities to special centers for military purposes;

d) Force ICC/IP communities, families or individuals to abandon their lands, territories, or means of subsistence; and

e) Require indigenous individuals to work for military purposes under discriminatory conditions.[9]

These provisions protects IP autonomy as well as requires the State to work alongside tribes through an integrated emergency program which includes relief and rehabilitation efforts for IP victims of armed violence. Special emphasis is placed the impact of armed conflict of indigenous children' mental well being and development in high risk conflict areas.

Freedom from Discrimination and Right to Equal Opportunity
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Unlawful Acts Pertaining to Employment
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Basic Services
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The law guarantees indigenous peoples’ right to basic social services as provided by the State. As a vulnerable group, special attention is given for the “immediate, effective and continuing improvement of their economic and social conditions.” [9]

Examples of services that fit this provision include social security through the Republic of the Philippines Social Services System, housing, vocational training and employment support through various efforts of the Department of Social Welfare and Development as well as complete health coverage through the PhilHealth “No Balance Billing” from government hospitals. [11][12]

Women, Children and Youth
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The law also emphasizes that these rights are also to be afforded to indigenous women and children. The provisions should not result in “the diminution of rights and privileges already recognized and afforded to these groups under existing laws of general application.” [9] The government through NCIP must provide support to organizations which are geared towards empowering women and the youth to involve themselves in community/nation building.

In accordance to the customary laws of each tribe, the government must provide mechanisms that facilitate deeper understanding of indigenous culture for women and youth while their human dignity. The law ensures the full realization of women's and youth rights but requires all mechanisms and programs to be culturally sensitive and relevant to the ICCs/IPs needs.

An example of the programs geared towards the execution of this particular provision in the IPRA is the culturally sensitive day-care program for both IP children and their mothers which NCIP mentions in its first administrative order.[13]

Integrated System of Education
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Cultural Integrity

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Chapter VI of the Republic Act No. 8371, Cultural Integrity

SECTION 29.         Protection of Indigenous Culture, Traditions and Institutions. — The State shall respect, recognize and protect the right of ICCs/IPs to preserve and protect their culture, traditions and institutions. It shall consider these rights in the formulation and application of national plans and policies.

SECTION 30.         Educational Systems. — The State shall provide equal access to various cultural opportunities to the ICCs/IPs through the educational system, public or private cultural entities, scholarships, grants and other incentives without prejudice to their right to establish and control their educational systems and institutions by providing education in their own language, in a manner appropriate to their cultural methods of teaching and learning. Indigenous children/youth shall have the right to all levels and forms of education of the State.

SECTION 31.         Recognition of Cultural Diversity. — The State shall endeavor to have the dignity and diversity of the cultures, traditions, histories and aspirations of the ICCs/IPs appropriately reflected in all forms of education, public information and cultural-educational exchange. Consequently, the State shall take effective measures, in consultation with ICCs/IPs concerned, to eliminate prejudice and discrimination and to promote tolerance, understanding and good relations among ICCs/IPs and all segments of society. Furthermore, the Government shall take effective measures to ensure that the State-owned media duly reflect indigenous cultural diversity. The State shall likewise ensure the participation of appropriate indigenous leaders in schools, communities and international cooperative undertakings like festivals, conferences, seminars and workshops to promote and enhance their distinctive heritage and values.

SECTION 32.         Community Intellectual Rights. — ICCs/IPs have the right to practice and revitalize their own cultural traditions and customs. The State shall preserve, protect and develop the past, present and future manifestations of their cultures as well as the right to the restitution of cultural, intellectual, religious, and spiritual property taken without their free and prior informed consent or in violation of their laws, traditions and customs.

SECTION 33.         Rights to Religious, Cultural Sites and Ceremonies. — ICCs/IPs shall have the right to manifest, practice, develop, and teach their spiritual and religious traditions, customs and ceremonies; the right to maintain, protect and have access to their religious and cultural sites; the right to use and control of ceremonial objects; and, the right to the repatriation of human remains. Accordingly, the State shall take effective measures, in cooperation with the ICCs/IPs concerned, to ensure that indigenous sacred places, including burial sites, be preserved, respected and protected. To achieve this purpose, it shall be unlawful to:

a)              Explore, excavate or make diggings on archeological sites of the ICCs/IPs for the purpose of obtaining materials of cultural values without the free and prior informed consent of the community concerned; and

b)              Deface, remove or otherwise destroy artifacts which are of great importance to the ICCs/IPs for the preservation of their cultural heritage.

SECTION 34.         Right to Indigenous Knowledge Systems and Practices and to Develop own Sciences and Technologies. — ICCs/IPs are entitled to the recognition of the full ownership and control and protection of their cultural and intellectual rights. They shall have the right to special measures to control, develop and protect their sciences, technologies and cultural manifestations, including human and other genetic resources, seeds, including derivatives of these resources, traditional medicines and health practices, vital medicinal plants, animals and minerals, indigenous knowledge systems and practices, knowledge of the properties of fauna and flora, oral traditions, literature, designs, and visual and performing arts.

SECTION 35.         Access to Biological and Genetic Resources. — Access to biological and genetic resources and to indigenous knowledge related to the conservation, utilization and enhancement of these resources, shall be allowed within ancestral lands and domains of the ICCs/IPs only with a free and prior informed consent of such communities, obtained in accordance with customary laws of the concerned community.

SECTION 36.         Sustainable Agro-Technical Development. — The State shall recognize the right of ICCs/IPs to a sustainable agro-technological development and shall formulate and implement programs of action for its effective implementation. The State shall likewise promote the bio-genetic and resource management systems among the ICCs/IPs and shall encourage cooperation among government agencies to ensure the successful sustainable development of ICCs/IPs.

SECTION 37.         Funds for Archeological and Historical Sites. — The ICCs/IPs shall have the right to receive from the national government all funds especially earmarked or allocated for the management and preservation of their archeological and historical sites and artifacts with the financial and technical support of the national government agencies.[14]

Attempts to implement these rights are most recently captured by the celebration of National Indigenous People’s Month on October to November 2014. This was said to be the biggest gathering of Philippine indigenous peoples by far. Headed by the chairman of the National Commission for Culture and the Arts (NCCA), Felipe M. De Leon, Jr., showcased were the traditional cuisines, rituals, musical performances and other elements of culture. This gave way for indigenous peoples to interact and learn from one another’s culture. It was held in three different venues, from Oct. 22 to 23 at the Baguio Convention Center in Baguio City in Luzon in expected attendees were from groups: Gaddang, Isinay, Tinggian, Itneg, Ibanag, Yogad, Itawit, Malaweg, Kasiguran, Ivatan, Itbayat, Bugkalot, Isnag, Kalinga, Ifugao, Ibaloy, Kankanaey,  Balangao, Bontok, Applai, Ilocano, Bolinao, Pangasinan, Tagalog, Sambal, Pampangan, Ayta, Agta, Mangyan, Palawani, Molbog, Jama Mapun, Tagbanua, Pala’wan, Agutaynen, Bicolano, Batak and Cuyunon; from Nov. 6 to 7 in Zamboanga City in Mindanao aimed to highlight the groups: Yakan, Subanen, Manobo, Higaonon, Bagobo, Mandaya, Mansaka, B’laan, Sangir, Ata Manobo, T’boli, Teduray, Arumanen, Mamanwa, Maranao, Magindanao, Iranun and Tausug and from Nov. 10 to 11 in Bacolod City, Negros Occidental in Visayas for the groups: Ati, Panay Bukidnon, Waray, Abaknon, Hiligaynon and Cebuano. It was organized by the Subcommission of Cultural Communities and Traditional Arts, a subcommission of the NCCA, along with the local governments, government agencies, nongovernmental organizations and private companies with the theme of “Katutubong Filipino para sa Kalikasan at Kapayapaan” [“Native Filipinos for Nature and Peace”].[15]

Issues

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Culture

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The Indigenous Peoples in the Philippines are deteriorating in numbers particularly those in Mindanao because they are robbed of their ancestral domains thus becoming exposed to poverty; they are also facing violence from other groups; and they are being led to turn their back on their culture as a result of progress and development. [16]

In August 9, 2010, World Indigenous People’s Day in the Philippines, indigenous communities issued a call to the government. Gathered at the University Hotel in UP Diliman were 65 indigenous people’s organizations with the purpose of drafting a “Indigenous Peoples’ Agenda” and submit this to the new president. Exactly two years later, in August 9, 2012, headed by the Philippine Task Force for Indigenous Peoples’ Rights (TFIP), IP groups wrote an open letter to the president whom, according to Jill K. Cariño, TFIP convenor, have not responded to their earlier efforts.

The concerns they issued in 2010 were the following:

·      National Commission on Indigenous Peoples (NCIP), the titling of ancestral lands and domain, Free, Prior and Informed Consent (FPIC) and the Ancestral Domain Sustainable Development and Protection Plan (ADSDPP);

·      Indigenous peoples and the Millennium Development Goals (MDGs);

·      The peace talks between the government and the Moro Islamic Liberation Front (MILF), the Bangsa Moro Juridical Entity (BJE), and the National Democratic Front (NDF);

·      Human rights abuses and violations inflicted upon indigenous peoples;

·      Mining and other development projects; and

·      Conflicts between the Indigenous Peoples Rights Act (IPRA) and other laws.

This therefore raised the question of whether the Republic Act No. 8371 was able to fulfill its intent of providing rights to the country’s indigenous peoples. [17]

Enforcement of Rights and Conflict with Other Sectors

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On October 2008, the Lumads (an indigenous group) organized a conference in Naga, Zamboanga Sibugay involving several indigenous people groups. In this summit, the indigenous people groups questioned the utility of IRPA in protecting their rights described in the IRPA. In this summit, the indigenous people groups discussed the instances the Philippine Law hindered their rights promised by IRPA. Primarily, the inconsistencies lie in how the Philippine Law prohibited them from following their customs and traditions that is centered around the indigenous people's governance of their land.

For instance, they complained that the Department of Environment and Natural Resources (DENR) prohibits some of the IP farmers to hunt animals, and to cultivate lands ( i.e. the 53,262-hectare part of Mt. Malindang )covered by National Integrated Protected Areas (NIPA) program; thereby, cutting off their primary source of income and food for their family. In worst case scenarios, the state outrightly utilizes its right of state to dispose public lands for activities such as mining, logging and installation of dams that infringe upon the IP's ancestral domains. And because of these instances of usurpation of ancestral domain to the IP such as wide coverage of the NIPA to the IP's ancestral domain and economic activities that require the state to exercise their right to dispose public lands, the IP's basic sources of income and food for their families are greatly affected.

The limitations and prohibitions extends not only to their basic needs but also prevents them from performing important rituals in their lives. This includes wedding ceremonies that are normally held without cost but costs around 50 to 500 pesos when NCIP officials conduct it that is burdensome to IPs who lack sources of funds.

Moreover, reported killings of tribal leaders and NCIP officers who are protecting IRPA rights, and lack of authoritative force to execute the law expose the people to more vulnerabilities instead of protecting them[18][19][20]

Representation

Here are some of the organisations that support IRPA law and their functions:

  • Asian Development Bank (ADB)- gives loan to government to create projects such as Cordillera Agricultural Resource Management (CHARM) that help the development of IP's. The CHARM project involves helping the IPs in Cordillera to develop the agricultural resouce of IPs land. They also helped in project Mindanao Basic Education Development project to give poor some education
  • International Labor Organization- made some conventions regarding IPs such as poverty program, regarding on how IPs can assert more control and development of their own lands, regarding steps on how can IPs protect and guarantee their right of ownership and possesion, regarding the responsiblities of government to ensure the rights of IPs.
  • Philippine Action for Intercultural Development- helped the IPs regarding community mapping, where they help IPs in legalizing the boundaries of their respective lands
  • National Confederation of Indigenous Peoples - aims to unite the different IP rights organization to fight for their rights. Their past projects includes Ancestral Domain Sustainable Development Protection Plan (ADSDPP), demarcation of Certificate of Ancestral Domain Title (CADT) on the ground in favor of the Ati in Boracay Island etc.[21]
  • Tribal Communities Association of the Philippine- provides legal assistance to IPs[22]

Poverty

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Income and Poverty Threshold

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In a poverty assessment by the Asian Development Bank, it was discovered that there was an increasing gap between the welfare performance of IP's compared to the national average. On a national scale, poverty incidence among all Filipino families declined by 10% by the passing of the IPRA (1997), but that IP regions and individuals were either experiencing a lesser degree of improvement in income growth or even a lowering of their incomes.

With majority of IPs/ICCs living in predominantly agricultural regions in the Philippines such as the Cordillera Administrative Region, they are said to be more sensitive to price changes including the dramatic increase of food basket prices during the year this study took place. The study reported that more than half of the IP families in CAR were living below the government approved poverty threshold

Indigenous Peoples' Concepts of Poverty

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  1. ^ http://www.academia.edu/1181074/AGRARIAN_REFORM_AND_PHILIPPINE_POLITICAL_DEVELOPMENT
  2. ^ http://comprehensiveagrarianreform.blogspot.com/
  3. ^ http://www.philstar.com/headlines/2014/06/30/1340617/after-26-years-carp-ends
  4. ^ http://www.dar.gov.ph/ra-9700-carper-comprehensive-agrarian-reform-program-extension
  5. ^ a b c d e f g Damaso; De Guzman, eds. (1998). Guide to R.A. 8371. Manila: Coalition for Indigenous Peoples' Rights and Ancestral Domains.
  6. ^ "G.R. No. 135385". www.lawphil.net. Retrieved 2015-06-30.
  7. ^ "Presidential Decree No. 705, s. 1975 | Official Gazette of the Republic of the Philippines". Retrieved 2015-06-30.
  8. ^ "Fast Facts: Indigenous Peoples in the Philippines". UNDP in Philippines. Retrieved 2015-06-30.
  9. ^ a b c d e "Republic Act No. 8371 | Official Gazette of the Republic of the Philippines". Retrieved 2015-06-30.
  10. ^ http://www.gov.ph/1997/10/29/republic-act-no-8371/. {{cite web}}: Missing or empty |title= (help)
  11. ^ "PhilHealth to cover street children, PWDs, indigenous people – DOH - The Manila Times Online". Retrieved 2015-07-01.
  12. ^ "DSWD orients indigenous youths on their rights, privileges  | Department of Social Welfare and Development". www.dswd.gov.ph. Retrieved 2015-07-01. {{cite web}}: no-break space character in |title= at position 62 (help)
  13. ^ "http://www.wipo.int/edocs/lexdocs/laws/en/ph/ph083en.pdf" (PDF). www.wipo.int. Retrieved 2015-07-01. {{cite web}}: External link in |title= (help)
  14. ^ "Republic Act No. 8371 | Official Gazette of the Republic of the Philippines". Retrieved 2015-07-01.
  15. ^ Editor, Roel. "A celebration of Philippine indigenous cultures". Retrieved 2015-07-01. {{cite web}}: |last= has generic name (help)
  16. ^ "On Indigenous Peoples in the Philippines". Justice, Peace, and Integrity of Creation. Retrieved 2015-07-02.
  17. ^ "The Road Ahead for the Indigenous Peoples | University of the Philippines System Website". www.up.edu.ph. Retrieved 2015-07-02.
  18. ^ "Bulatlat.com". www.bulatlat.com. Retrieved 2015-07-03.
  19. ^ "Bulatlat.com". www.bulatlat.com. Retrieved 2015-07-03.
  20. ^ "Protecting IPs' Rights to Ancestral Domains and Lands | University of the Philippines System Website". www.up.edu.ph. Retrieved 2015-07-03.
  21. ^ http://www.ncip.gov.ph/. {{cite web}}: Missing or empty |title= (help)
  22. ^ http://www.adb.org/sites/default/files/publication/28027/indigenous-peoples-regional.pdf. {{cite web}}: Missing or empty |title= (help)