Miriam Defensor Santiago's Blog, page 6

MIRIAM CONDEMNS ILLEGAL PRACTICE OF MEDICINE

Sen. Miriam Defensor Santiago, a laureate of the Ramon Magsaysay Award for government service, urged her colleagues on Thursday to address loopholes that allow non-professionals to illegally practice medicine with impunity.

Santiago has filed proposed Senate Resolution No. 1431, calling for committee hearings on reports that non-professionals posing as doctors are putting public health at risk. She is also set to file a bill to deter and immediately stop such acts.

“The government is duty-bound to protect its citizens from unscrupulous individuals who claim to be practitioners of medicine and other professions without legitimate education, training, and experience,” the senator said.

Her resolution is based on a petition through Change.org, an online signature campaign platform, against businesswoman Antonia Carandang-Park, who allegedly accepts patients as a licensed physician even without proper credentials.

The signature campaign was launched by Bernard Tan, who sought murder and estafa charges against Park in 2013, months after his daughter, Kate, died following a stem cell treatment and a juice diet Park prescribed for Hodgkin’s lymphoma.

Slamming inaction on the part of the Department of Justice and the National Bureau of Investigation, Tan claimed that Park still practices medicine despite charges of illegal practice of medicine and estafa. Tan’s petition has gained 7,000 signatures so far.

Under the present law, a person found guilty of illegal practice of medicine is punishable with a fine of P1,000 to P10,000, with imprisonment of not less than one year but not more than five years, or with both fine and imprisonment.

“There must be a mechanism to preventively suspend the practice of alleged medical professionals pending questions of legality. More importantly, such mechanism must be implemented without delay,” Santiago said.

Santiago is on medical leave due to lung cancer, stage four, but continues to perform her Senate duties. She filed 1,324 bills and resolutions, the highest number among senators, since Congress opened in June 2013, until in adjourned sine die in May.

MIRIAM: PROBE FLIMSY LTO LICENSE PLATES

Sen. Miriam Defensor Santiago is calling on her colleagues to investigate the billion-peso license plate standardization program of the Land Transportation Office (LTO) amid public outrage over the inferior quality of vehicle plates being issued.

Santiago, a laureate of the Ramon Magsaysay Award for Government Service, said she will file a resolution on the LTO license plate deal on Monday, following published photos of vehicle plates damaged in knee-deep floods.

Other reports claimed that the paint on license plates easily chip off and that LTO-issued security bolts do not fit many vehicles.

“It is ridiculous for the LTO to impose a costly fine of P5,000 if the security bolts are not attached to the new license plates, when car owners have complained that these supposedly standard bolts do not even fit their car,” the senator lamented.

The Department of Transportation and Communications (DOTC) procured new license plates for P3.8 billion. The LTO reportedly charges P450 per car plate, while vehicle owners have claimed on online forums that installation fees could reach up to P2,500.

“The faulty license plates and unreliable security bolts do not justify the billions of pesos in taxpayers’ money spent for the project, and the high price that the vehicle owners have to pay,” the senator said.

Santiago also urged due diligence in choosing contractors for government projects. “The LTO and DOTC must provide car plates that can withstand flood and other usual road hazards, especially since the country is vulnerable to typhoons,” she said.

Santiago remains on medical leave due to her lung cancer, stage four, but continues to be the top-performing senator. She filed the most number of bills and resolutions since the 16th Congress started in June 2013 and until it adjourned sine die last May.

MIRIAM: LAW ON FAKE MEDICINE NEEDS MORE TEETH

Sen. Miriam Defensor Santiago is set to file on Monday a bill creating a task force against fake medicines following reports on the continuous proliferation of counterfeit drugs in the country despite existing laws.

Santiago, a former trial court judge, explained that weak coordination among government agencies negatively impact the enforcement of Republic Act No. 8203, also known as the Special Law on Counterfeit Drugs.

“The growth of electronic commerce, proliferation of multi-level marketing corporations, and our increasing participation in international trade have dramatically expanded the market for counterfeit drugs. Our government agencies must be equal to the task,” the senator said.

She cited the Food and Drug Administration (FDA), which reportedly said that from January to October 2014, the government confiscated some 500 counterfeit drugs manufactured abroad but were sold in the Philippine market.

Santiago will also file a resolution calling for a Senate inquiry, in aid of legislation, on a recently raided call center in the Clark Special Economic Zone that has reportedly been selling counterfeit medicine online.

“What is bothersome is that no arrests have been made despite the evidence recovered. We must use the full force of the law. Counterfeit drugs pose a risk to public health and could erode public confidence in the health industry,” the senator said.

Citing the World Health Organization, she claimed that most counterfeit drugs are not equivalent in quality, safety, and efficacy to their genuine counterparts and that even those that are of correct quality or contain the correct amount of active substance are dangerous.

“Their production and distribution are not within the purview of the FDA, which means that any associated defects and adverse reactions will not be easily recognized or monitored and, if needed, an effective product recall would not be possible,” Santiago’s resolution added.

Santiago was diagnosed with cancer, stage four, a year ago. She is on medical leave from the Senate, but filed 1,324 bills and resolutions, the highest among senators, since the start of the 16th Congress in June 2013 until it adjourned sine die in May.

CANCER MIRACLE PRAYER FOR MIRIAM

St. Peregrine, you have been called “The Mighty,” “The Wonder Worker,” because of the numerous miracles which you obtained from God for those who have turned to you in their need.

You bore in your own flesh this cancerous disease that destroys the very fiber of our being. You turned to God when the power of human beings could do no more, and you were favored with the vision of Jesus coming down from His cross to heal your affliction.

I now ask God to heal Miriam and all cancer patients, whom I entrust to you. Aided by your powerful intercession, I shall sing with Mary in gratitude for God’s great goodness and mercy.

Amen.

MIRIAM SENDS EDCA RESOLUTION TO SUPREME COURT

Sen. Miriam Defensor Santiago on Tuesday submitted to the Supreme Court a copy of the proposed resolution expressing the strong sense of the Senate that a treaty or international agreement is invalid or ineffective unless concurred in by the upper legislative chamber.

A total of 13 senators signed the resolution. Apart from Santiago, these included Senators Sonny Angara, Pia Cayetano, JV Ejercito, Jinggoy Estrada, TG Guingona, Lito Lapid, Bongbong Marcos, Serge Osmeña, Koko Pimentel, Ralph Recto, Bong Revilla, and Cynthia Villar.

“This is to respectfully enclose, for the presumable information of the Supreme Court, the copy of Senate Resolution No. 1414,” Santiago, chair of the Senate committee on foreign relations, said in the letter addressed to Chief Justice Ma. Lourdes Sereno.

Santiago, who is on medical leave due to lung cancer, stage four, hopes to sponsor the resolution before the plenary when Congress resumes. After a debate, the resolution will be put to a vote. A simple majority of senators present in a quorum is required to adopt a resolution.

The resolution was filed on Monday as the Supreme Court contemplates on the validity of the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the U.S., which Malacañang claims is merely an executive agreement and thus needs no Senate concurrence.

“The only constitutional ground for the position taken by the Executive is the mere inclusion of the term ‘executive agreement’ as one of items included in the list of cases which the Supreme Court has power to decide,” the senators said in the resolution.

They were referring to the Constitution, Article 8, Section 4, which says: “All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc…”

“‘Executive agreement’ is a term wandering alone in the Constitution, bereft of provenance and an unidentified constitutional mystery,” the senators added. They claimed that no provision defined the term, set requirements for it, or established protocol.

“The Constitution is clear and categorical that Senate concurrence is absolutely necessary for the validity and effectivity of any treaty, particularly any treaty that promotes for foreign military bases, troops, and facilities, such as the EDCA,” the senators further claimed.

They cited the following constitutional provisions:

a. “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.” (Article 7, Section 21)

b. After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.” (Article 18, Section 25)

The resolution was the product of a Senate committee hearing presided over by Santiago in December 2014. Present during the hearing were Malacañang officials led by Foreign Affairs Sec. Albert Del Rosario and Defense Sec. Voltaire Gazmin.

Former UP College of Law Dean Merlin Magallona was also invited, while groups who petitioned against the EDCA were represented by former Sen. Rene Saguisag, Bayan Muna Party-list Rep. Neri Colmenares, and Bayan Secretary General Renato Reyes, among others.

During oral arguments on the EDCA in November 2014, several Supreme Court justices floated the possibility of forwarding the document to the Senate, which they said might be a more appropriate forum for the debate on the agreement’s validity.

Santiago assailed the EDCA as soon as it was signed as an unfair surprise on the part of the Senate, which she said shares the treaty-making power with the President. “I have argued that such an agreement should first be submitted for concurrence to the Senate,” the senator said.

She clarified, however, that the Senate abides by the Supreme Court ruling in the 2005 case of Pimentel v. Office of the Executive Secretary, which declared that the President cannot be forced to submit a treaty to the Senate for concurrence.

“By this resolution, the Senate merely takes a definitive stand on the non-negotiable power of the Senate to decide whether a treaty will be valid and effective, depending on Senate concurrence,” Santiago said.

She nonetheless claimed that the Palace decision to implement the EDCA without Senate concurrence, and to downgrade it for signature not by the two presidents but only by a Cabinet official and the U.S. ambassador in Manila, is a betrayal of a co-equal branch of government.

“This contretemps does not indicate good faith on the part of the two presidents. The use of guile in diplomacy should be limited to state-to-state situations, and should not include a situation involving only two branches of the same government,” Santiago said.

Miriam sends EDCA resolution to Supreme Court

MIRIAM PUSHES FOR FREE ICT COLLEGE EDUCATION

In celebration of the National Information and Communications Technology (ICT) month this June, Sen. Miriam Defensor Santiago filed a bill that seeks to equip poor but deserving students with knowledge and skills in the competitive ICT field.

Santiago, author of the proposed Magna Carta of Internet Freedom, called on the public to support Senate Bill No. 2839 or the Free ICT College Education Act. If approved, it will mandate state colleges and universities to develop two-year ICT courses.

These courses shall then be offered for free to all graduates of public high schools, subject to the limitation of funding and facilities. The proposed law also seeks to penalize school authorities who refuse to admit qualified beneficiaries.

“Technology has provided us modern ways to effectively communicate and make information more accessible today. ICT has been a boon to the Philippine economy. As this sector continues to grow, demand for competent workers is also increasing,” the senator said.

Under Free ICT College Education Act, beneficiaries would have the right to choose the state college or university of his choice, within the city, province, or region, as the case may be, for purposes of enjoying free college education.

Santiago explained that by requiring schools all over the country to offer free ICT education, the proposed law will ensure that there is a pool of talent to support the labor requirements of the ICT sector as it expands to the countryside from highly urbanized centers.

Aside from the Free ICT College Education Act, Santiago in 2013 filed S.B. No. 1696 or the Education for the 21st Century Act that aims to increase computer literacy programs for students by providing training for teachers on the latest computer software.

If enacted, the bill will authorize the Secretary of Education to award grants to public and private schools for teacher training in technology. Local government units will also be encouraged to match such funds for schools in their areas.

“Studies show that students whose teachers received training in computers performed better than others. Schools that provide teachers with professional development in computers also enjoyed higher staff morale and lower absenteeism,” the senator said.

Santiago remains on medical leave due to lung cancer, stage four, but continues to perform her duties as senator on a priority basis. She was the top-performing senator, having filed a total of 1,324 bills and resolutions as Congress adjourned sine die on June 11.

MIRIAM STILL TOP-PERFORMING SENATOR

With about a year before the 16th Congress comes to a close, Sen. Miriam Defensor Santiago remains the Senate’s top performer in terms of filed bills and resolution, despite having announced last year that she was diagnosed with lung cancer, stage four.

A document from the Senate bills and resolutions index service revealed that Santiago has filed a total of 1,324 bills and resolutions, or a fifth of the total number of bills and resolutions filed by all senators, as the Senate adjourned sine die on June 11.

She was followed by Sen. Jinggoy Ejercito Estrada with 642 bills and resolutions and Sen. Antonio Trillanes IV with 344. Reckoning bills and resolutions separately, Santiago still topped all her colleagues with 671 bills and 629 resolutions.

“Only my body is sick, not my brain. I am not yet physically fit to attend plenary sessions. However, I have managed to discharge my duties as chair of certain Senate committees and I continue to file bills and resolutions on a weekly basis.” she said.

Santiago is set to end her Senate stint as the consistent top-performer during her three terms. Santiago was senator from 1995 to 2001 and from 2004 to 2010. She was re-elected in 2010 and is limited by law to run for another term in 2016.

In the 16th Congress, Santiago co-authored several bills approved into law, including the Open Learning and Distance Education Act; the Youth Entrepreneurship Act; the Student-Athletes Protection Act; the Open High School System Act; and the Fair Competition Act.

From the bills she solely authored, the feisty senator identified priority bills languishing at the committee level. These include the Anti-Epal Bill, the Anti-Political Dynasty Bill, the Magna Carta for Call Center Workers, and the Magna Carta for Philippine Internet Freedom.

“I am disappointed that some committees are sitting on many of my bills, even when there is wide public support for my proposals. These bills will not even be debated on. I suspect that powers that be fear how these bills will impact our political system,” the senator said.

As chair of the committee on foreign relations, Santiago also successfully pushed for Senate concurrence on:

Extradition treaties with the United Kingdom, Spain, and India;

Social security agreements with Portugal and Denmark;

An agreement with the Partnerships in Environmental Management for the Seas of East Asia (PEMSEA) establishing the PEMSEA Resource Facility Center; and

Accession to the Nagoya Protocol.

Aside from filing bills and leading concurrence to treaties, Santiago has filed numerous resolutions used as basis for public hearings on necessary repairs in Metro Manila train systems, controversial construction projects, and Chinese activity in the West Philippine Sea.

Santiago remains on medical leave because of lung cancer, stage four, which was initially diagnosed as chronic fatigue syndrome. In January this year, she wrote to Senate President Frank Drilon that she intends to finish her term.

Despite her condition, the senator remains widely popular on social media, with many touting the relevance of measures she files. Her name is also still being floated as one of the leading possible candidates for the presidential elections in 2016.

MIRIAM: PASS TYPHOON-RELATED BILLS NOW

As the country again braces for the rainy season, Sen. Miriam Defensor Santiago called on her colleagues to swiftly pass her bills aimed at boosting the government’s typhoon preparations and disaster risk reduction efforts.

Santiago, a laureate of the Ramon Magsaysay Award for government service, said that at least five of the typhoon-related laws she proposed are still pending at the committee level, even as the Senate approved the bill she co-authored on youth involvement in disaster preparations.

“The Philippines is on the western rim of the Pacific Ocean, the most tropical cyclone-prone waters on Earth, making the country very susceptible to typhoons. We cannot afford further tragic loss of lives or damage to property caused by floods,” Santiago said.

Santiago in January filed Senate Bill No. 2561, or the National Flood Insurance bill, that aims to augment state-funded disaster assistance and better meet the escalating costs of repairing damage to residential and other buildings and their contents.

If enacted, the bill would create a National Flood Insurance Program, enabling people living in flood-prone areas to purchase insurance against loss resulting from physical damage to or loss of real or personal property caused by any flood.

The senator meanwhile lamented that three of her bills have been languishing at the committee since 2013. These are S.B. No. 394, or the Flood Recovery Fund bill; S.B. No. 1576, or the National Flood and Research Education bill; and S.B. No. 1724, or the Culvert Safety bill.

Santiago said inaction on the Flood Recovery Fund bill, filed in July 2013, is depriving flood victims, especially those who are poor, of speedy financial assistance in the form of no-interest loans from the fund the proposed law will create.

The National Flood and Research Education bill, filed in September 2013, is meanwhile aimed at creating an Office of Flood Research and Policy that will develop best practices for predicting, preventing, and minimizing flooding and its effects.

Also pending since September 2013 is the senator’s Culvert Safety bill, which seeks to ensure that culverts (imburnals or open sewers) are appropriately covered and posted with warning signs to prevent people, especially children, from falling into them during floods.

In September 2014, Santiago filed S.B. No. 2376, aimed at mandating the Department of Education to include basic swimming in elementary and secondary school curriculums. “This bill aims to prepare children against floods,” said Santiago, a high school swimming champion.

She cited a United Nations Children’s Fund (UNICEF) study, which reported that drowning is the second leading cause of death among Filipino children aged 14 years and below, and the fourth leading cause of death from injury in the Philippines.

While asking the public to support her flood-related bills in order to spur action from Senate committees, Santiago welcomed the approval on third and final reading of S.B. No. 2789 or the Youth Participation in Disaster Risk Reduction and Management bill.

The senator co-authored the measure, which will amend the law governing the National Disaster Risk Reduction and Management Council to include youth organizations. She meanwhile urged the House of Representatives to soon pass a counterpart measure.

Santiago remains on medical leave due to lung cancer, stage four, but continues to perform her duties as senator on a priority basis. As of 14 May 2015, the senator has filed a total of 1,249 bills and resolutions since the 16th Congress started in June 2013.

13 SENATORS DECRY BEING LEFT OUT OF EDCA

A majority of senators are asserting that the power to enter into treaties or international agreements, such as the Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the U.S., does not rest solely on the President but is shared with the Senate.

Sen. Miriam Defensor Santiago, chair of the committee on foreign relations, will lead 12 other senators in filing a resolution expressing the strong sense of the Senate that unless concurred in by the upper legislative chamber, a treaty ratified by the President is not valid and effective.

The resolution also comes at the heels of President Aquino’s announcement that the Philippines will initiate negotiations for a visiting forces agreement with Japan, a treaty the Palace claims will bolster both countries’ stand in separate maritime disputes with China.

“Behold the Senate break its silence. The fact that we have not made a hue and cry about the EDCA has apparently been misconstrued as acquiescence. In this resolution, we are saying that we will not allow the power of the Senate to be eroded,” Santiago said.

Aside from Santiago, those who signed as co-authors were Senators Sonny Angara, Pia Cayetano, JV Ejercito, Jinggoy Estrada, TG Guingona, Lito Lapid, Bongbong Marcos, Serge Osmeña, Koko Pimentel, Ralph Recto, Bong Revilla, and Cynthia Villar.

If adopted, the resolution will be sent to the Supreme Court as the Senate’s position on the pending question on the validity of the EDCA. Malacañang argues that the EDCA is not a treaty but an executive agreement that does not require Senate concurrence.

“The only constitutional ground for the position taken by the Executive is the mere inclusion of the term ‘executive agreement’ as one of items included in the list of cases which the Supreme Court has power to decide,” the senators noted.

They were referring to the Constitution, Article 8, Section 4, which says: “All cases involving the constitutionality of a treaty, international or executive agreement, or law, which shall be heard by the Supreme Court en banc…”

“‘Executive agreement’ is a term wandering alone in the Constitution, bereft of provenance and an unidentified constitutional mystery,” the senators added. They claimed that no provision defined the term, set requirements for it, or established protocol.

Santiago further assailed the view that the EDCA is an implementing agreement to the Visiting Forces Agreement (VFA), forged between the Philippines and the U.S. in 1999. Santiago is also chair of the joint legislative oversight committee on the VFA.

“It is absurd to claim that the EDCA is an implementing agreement to the VFA, which, in the first place, is alleged to be the implementing agreement to the ancient Mutual Defense Treaty. Moreover, the U.S. does not even recognize the VFA as a treaty,” she said.

The Senate in 2009 adopted Santiago’s resolution urging the Department of Foreign Affairs to either renegotiate or terminate the VFA. A panel headed by the executive secretary has been created to review the VFA, but the agreement was never renegotiated.

“The Constitution is clear and categorical that Senate concurrence is absolutely necessary for the validity and effectivity of any treaty, particularly any treaty that promotes for foreign military bases, troops, and facilities, such as the EDCA,” the senators said.

They cited the following constitutional provisions:

a. “No treaty or international agreement shall be valid and effective unless concurred in by at least two-thirds of all the Members of the Senate.” (Article 7, Section 21)

b. “After the expiration in 1991 of the Agreement between the Republic of the Philippines and the United States of America concerning Military Bases, foreign military bases, troops, or facilities shall not be allowed in the Philippines except under a treaty duly concurred in by the Senate and, when the Congress so requires, ratified by a majority of the votes cast by the people in a national referendum held for that purpose, and recognized as a treaty by the other contracting State.” (Article 18, Section 25)

Santiago, considered the foremost constitutional expert in the Senate, said that the two constitutional provisions on Senate concurrence are specific provisions while the lone provision mentioning an “executive agreement” is a general provision.

“Therefore, the specific provisions on Senate concurrence prevail over the general provision on ‘executive agreement’,” Santiago added.

The senators clarified in the resolution, however, that they are not forcing the President to submit the EDCA for concurrence, an act the Supreme Court has denounced in its ruling in the 2005 case of Pimentel v. Office of the Executive Secretary.

“By this resolution, the Senate merely takes a definitive stand on the non-negotiable power of the Senate to decide whether a treaty will be valid and effective, depending on Senate concurrence,” the senators said.

MIRIAM: HIV-AIDS LAW NEEDS REFORMS

Sen. Miriam Defensor Santiago today urged her colleagues to act on measures aimed at strengthening efforts at prevention, treatment, and awareness of the human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) in the country.

Santiago, co-sponsor of the Responsible Parenthood and Reproductive Health Act, sounded the alarm after the Department of Health (DOH) reported 560 new HIV infections in April, 42 percent higher than the same period in 2014.

Noting that 30 percent of new cases were 15 to 24 years old, the senator said that “the alarming increase in HIV infections requires immediate action from various institutions, including Congress, which must address the gaps in the existing HIV and AIDS law.”

Santiago has filed Senate Bill No. 186 or the Philippine HIV and AIDS Policy and Plan Act, and S.B. No. 2728 or the Stop AIDS in Prisons Act. She is also set to file another bill that will expand HIV testing and treatment to include the youth.

“The current HIV and AIDS legal framework conflicts with efforts of the health sector to stop the spread of HIV,” the senator said, adding that aside from treatment and awareness programs, mechanisms to reduce social stigma are also necessary.

The Philippine HIV and AIDS Policy Plan Bill seeks to amend R.A. No. 8504 or the Philippine AIDS Prevention and Control Act of 1998, by harmonizing it with evidence-informed strategies and approaches on prevention, treatment, care, and support.

The Stop AIDS in Prisons Act, meanwhile, will create an HIV-AIDS awareness program in jails, provide comprehensive medical treatment to inmates living with HIV/AIDS, and protect prison guards and other personnel from infection.

By filing a new bill on Monday, Santiago will push for further amendments to the AIDS Prevention and Control Act to allow minors aged 15 to 17 years old to give consent to HIV testing and treatment without parental consent provided that:

The minor is living independently;
The minor is pregnant;
The minor is already a parent or has suffered a miscarriage;
The minor has no contact with parents of guardians;
The minor has clinical condition that suggests infection with HIV;
The knowledge of HIV status is in the best interest of the minor; or
The minor is part of the key populations as determined by the Philippine National AIDS Council (PNAC)

“The law requires minors to first obtain written parental consent before they can be tested for HIV. This limits the access of minors to potentially life-saving treatment and care, especially since many young people lack the finances to pay for health care,” Santiago said.

Apart from proposed laws, Santiago has filed several resolutions urging the Senate to investigate the HIV-AIDS situation. These include Senate Resolution No. 724, urging public hearings on the need for DOH to declare a national emergency amid the rise of HIV cases.

Santiago remains on medical leave due to lung cancer, stage four. But she continues to perform her functions on a priority basis. As of May 14, she has filed 1,249 bills and resolutions—the highest among senators—from the start of 16th Congress.