The Senator in the News

29 November 2006
From Inq7.net

JBC SUSPENDS PUBLIC INTERVIEW

by Tetch Torres

THE JUDICIAL and Bar Council (JBC) has suspended the public interview of all the nominees for Chief Justice after none of the candidates from the Supreme Court showed up.

Senator Miriam Defensor-Santiago was the only candidate who arrived for the interview Wednesday, but she also decided to forgo the process.

Senator Francis Pangilinan, a member of the JBC, said following the cancellation of the interview that the panel is faced with three possibilities -- to either declare a failure of the nomination process; urge the justices to reconsider their position and reschedule the public interview; or disqualify the justices and open the nomination process.

Pangilinan said the JBC would discuss the matter in its next meeting Monday.

At the same time, Pangilinan said he was “disappointed” over the non-appearance of the high court justices, namely Senior Associate Justice Reynato Puno; and Associate Justices Antonio Carpio, Angelina Sandoval-Gutierrez, Consuelo Ynares-Santiago, Leonardo Quisumbing.

"I am disappointed. I do highly regard the magistrates. They may have reasons for not appearing but we don't agree with [these]," Pangilinan said.

Senator Santiago, the only nominee who appeared for the interview said she was “surprised by this development.”

“When I first received my invitation for a job interview, I responded affirmatively with alacrity out of an abiding sense of obedience and allegiance not only to the Supreme Court, to the JBC, but to the rule of law in our country,” Santiago said.

“As a former professor of Constitutional Law, I invoke the equal protection clause of the Constitution,” she said.

“Considering that my friendly rivals have decided to waive their privilege of a job interview that if I insist to be interviewed this afternoon, it might put my colleagues and competitors at an unfair disadvantage. If that is the case, then I am also willing to forgo the privilege out of a spirit of collegiality and fairness,” she said.

Meanwhile, civil society groups are apprehensive that the non-appearance of the candidates might create a bad precedent, giving other judges from other courts a reason to snub the JBC.

"The justices, say from the Court of Appeals or the Sandiganbayan nominated for a presiding justice post might imitate them. These are also sitting justices, does it mean they are also exempted from being interviewed?" Alternative Law Group (ALG) Spokesman Marlon Manuel said.

ALG is part of a group of civil society organizations called the Supreme Court Appointments Watch (SCAW).

Manuel added that the non-appearance was also a big blow to outgoing Chief Justice and JBC Chairman Artemio Panganiban's efforts at enhancing the transparency of the appointments process and promoting judicial reform.

"We are very saddened that the justices themselves made the people feel that the rule of law did not apply to them," Manuel said.

“In a country adhering to the rule of law principle, every member of society, even the ruler, must follow the law,” said Manuel.

"Their non-appearance has clearly sent a message to the public: Some could stand above the law and are not answerable to the law. Isn’t it that when people could not follow the law, they are either punished or disqualified? We hope that the JBC could address this matter once and for all otherwise it won't anymore be effective in its mandate," he said.

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The Senator in the News

28 November 2006
From Inq7.net

SENATORS TO GIVE UP PORK IF ARROYO YIELDS DISCRETIONARY FUND

By Juliet Labog-Javellana
Posted date: November 27, 2006

SENATORS were amenable to the abolition of their pork barrel if President Gloria Macapagal-Arroyo would forego the multibillion-peso fund at her disposal, Senate President Manuel Villar said on Monday.

“In fact, we prefer if there is no more pork barrel for everyone but this should include the President,” Villar said in an RMN radio interview.

But for the meantime, the Senate has slashed the P9.1 billion addition to the Priority Development Assistance Fund (PDAF), more popularly known as the pork barrel, which the House of Representatives inserted in the proposed P1.126-trillion national budget for 2007.

The pork barrel finances the pet projects of legislators. Though the money is not directly released to senators and members of the House, the pork barrel is believed to be a source of kickbacks for lawmakers. The kickbacks come from contractors who bag the projects.

The P9.1 billion in the PDAF approved by the House was an increase over the P6.2 billion set aside for the fund by Malacañang when it submitted its proposed budget to the House.

A fuming Senator Miriam Defensor Santiago took to the Senate floor on Monday to denounce the House of Representatives for defending its “unconstitutional” act of increasing the P1.26-trillion budget for 2007.

Santiago, irked by the statement of Representative Jose Ma. Salceda, House appropriations committee chair, that she had gotten it wrong, said the increases made by the House were not only against the Constitution but were also fueled by greed and corruption.

She said the 17.3-percent increase the House gave itself was proof of the House’s “insatiable” appetite [for pork].

Last week, the senator accused the House of bloating the budget by over P8 billion, citing the “mind-numbing” increases in various departments.

Villar and Senator Panfilo Lacson raised the need to abolish the pork barrel after Budget Secretary Rolando Andaya Jr. said over the weekend that Malacañang had the discretion to release the fund to selected senators and members of the House.

This came after Lacson said no more than five Malacañang-friendly senators were able to get half of their P200 million in individual pork last year. He also said Malacañang should explain where some P4 billion in unreleased pork fund for this year went.

It is hard to determine how much pork barrel the President has, considering that the entire budget is deemed at her disposal, according to Senator Franklin Drilon, chair of the Senate finance committee.

But he said he would try to find out when he prepares the final committee report on the 2007 budget, which is being deliberated upon in the Senate. The Senate finance committee approved the Palace-proposed P6.2 billion for PDAF.

Pork barrel becomes a headache for senators because they are besieged with requests from congressmen, governors, other local officials, schools and universities, hospitals and nongovernment organizations looking for funding for their projects that do not receive government support, according to Villar.

“At least if they know we do not have the pork barrel, nobody will come to us,” he said.

“But the problem is where will (all that money) go? All of that money in the budget now will go to the President.”

Of the P6.2 billion in the PDAF this year, Malacañang has released only P2.3 billion, according to Drilon.

Villar confirmed that most of the senators had not been able to avail themselves of their pork share. “To be fair to senators, they have not stopped working even if they do not have (the pork),” he said.

But he disagreed with the advice of Senate President Pro Tempore Juan Flavier that senators butter up the President to get their share.

“That is also possible because there are hospitals who are asking for help but a majority of senators are not like that and we do not go to Malacañang to ask for that,” Villar said.

Drilon echoed Villar’s sentiment, saying he would not butter up the Palace just to get his pork. Drilon has not been able to get a single centavo of his pork barrel since he called for the President’s resignation in July 2005.

“Let’s face it -- Malacañang uses it as a political tool for its allies,” Drilon said.

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Breaking News

27 November 2006

MIRIAM HITS GRAFT BEHIND BUDGET INCREASES

Sen. Miriam Defensor Santiago said that corruption is the reason for budget increases made by legislators, despite a constitution prohibition.

“If we condone the annual habit of increasing budgetary appropriations recommended by the President, this creates an opportunity for corruption,” Santiago said.

Santiago said that in practice, a group of legislators may offer a department secretary an increase in the budget of his department by, for example, 50 percent. But she explained that the budget increase is agreed upon, on the understanding that part of the increase will be allocated to some of the pet projects of the legislators responsible for the increase.

“The Constitution explicitly provides that Congress may not increase the President’s appropriations in the budget. This means two things. The first is that Congress is prohibited from increasing the total new appropriations. The second is that congress is prohibited from increasing the new appropriation for each agency,” she said.

Santiago, a constitutional law expert, gave two reasons for her charter interpretation.

First, when Congress adds to the appropriations for a department, it creates incentives for waste and corruption. Second, the President, as chief executive, knows exactly how much resources are needed to run the government, and Congress should respect her wisdom,” she said.

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The Senator in the News

From The Philippine Daily Inquirer, 22 November 2006

NOMINATION OF 4 BETS FOR CHEIF JUSTICE OPPOSED

By Juliet Labog-Javellana

The Judicial and Bar Council has received opposition to the nomination of four of the six candidates for the position of Chief Justice of the Supreme Court, according to Senate majority Leader Francis Pangilinan.

Pangilinan, ex-officio member of the JBC which screens nominations to the judiciary, said oppositors have submitted position papers against Associate Justices Reynato Puno, Consuelo Ynares-Santiago and Leonardo Quisumbing and Sen. Miriam Defensor Santiago so far.

The other two nominees are Associate Justices Angelina Sandoval Gutierrez and Antonio Carpio.

Pangilinan said the filing of opposition against the nominees was part of the screening process. The JBC is deliberating on the nominees, one of whom will be chosen by President Macapagal-Arroyo to succeed Chief Justice Artemio Panganiban who is set to retire on Dec. 7. The JBC is mandated to submit a short list of at least three names to the President.

Panganiban said the JBC met on Monday and tackled this proposal to conduct public interviews of the nominees to ensure greater transparency in the selection process.

He said the eight-member panel failed to agree on his proposal and is set to meet again tomorrow.

“I think the majority sentiment (in the JBC) is for public interviews but some of our collegues are looking at the position of the Supreme Court (against it),” Pangilinan said.

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Breaking News

15 November 2006

SENATE AMENDS ANTI-TERROR BILL, PROTECTS HUMAN RIGHTS

The Senate last Tuesday (14 November 2006) amended the pending Anti-Terror Bill to protect human rights and to make the bill compliant with international law as embodied in the United Nations International Covenant on Civil and Political Rights (ICCPR).

The amendments, which were all approved, were proposed by Senator Miriam Defensor Santiago, whose expertise is international law. She argued that the bill should comply with the principle of legality, which means that the definition of criminal offenses covered by the bill should be precise, unequivocal, and unambiguous.

One of the most important amendments proposed by Santiago is to take away the grant of law enforcement powers to military officers.

“The use of military forces in investigating, arresting, and detaining terror suspects gravely increases the risk of human rights violations. The armed forces are not trained to act as an investigating body, as law enforcers, as prison officials, or as investigators examining bank records or monitoring communications,” Santiago said.

“The UN Human Rights Committee, which is tasked to oversee the implementation of the ICCPR, has expressed its concern that providing the military judicial police functions could lead to violations of the ICCPR,” the senator added.

Other important Santiago amendments relate to surveillance methods employed by law enforcement officers on suspected terrorists.

According to the senator, under international law, surveillance is a legitimate method for counter-terrorism operations provided it is regulated by law, pursues a legitimate aim, and is necessary in a democratic society. She stressed that there should be sufficient safeguards in the law against abuse of surveillance methods.

Santiago proposed that an anti-terror law must provide that any person charged of being a terrorist shall always have the right to challenge the legality of any surveillance conducted over him or her.

Another amendment in the bill which was proposed by Santiago is to reduce from 15 days to 48 hours the period for detention without judicial authorization of a terrorist suspect. This means that the police or government law enforcement officers must deliver a suspected terrorist to the proper judicial authority within 48 hours from the moment the suspect was arrested, detained, or taken into custody.

Santiago said that the right of a detainee to be brought before a judge helps to ensure that the detention is lawful and necessary. It also provides a vital safeguard against torture and forced disappearance, because a judge can physically see the detainee and any noticeable signs of ill-treatment on him or her.

Still another important Santiago amendment provides that testimonial and documentary evidence should be obtained in accordance with law if it is to be used to prosecute terror suspects.

The Senate also unanimously accepted Santiago’s proposal to create an Anti-Terrorism Task Force which shall have authority over anti-terrorism projects of the National Intelligence Coordinating Agency (NICA), the National Bureau of Investigation (NBI), the Intelligence Service of the Armed Forces of the Philippines (ISAPF), the Bureau of Immigration, the Office of Civil Defense (OCD), the Anti-Money Laundering Council (AMLC), the Philippine Center on Transnational Crime (PCTC), and the Philippine National Police (PNP).

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Breaking News

7 November 2006

MIRIAM WILL ASSUME CJ POST AFTER CHA-CHA

Sen. Miriam Defensor Santiago, who has been nominated for Supreme Court Chief Justice, said that if recommended and appointed, she will assume office, only after the Supreme Court has decided the charter change issue.

“I don’t want to cause embarrassment to President Arroyo by participating in the court deliberations on the charter change issue, which will certainly be brought before the Supreme Court. If I vote in favor of charter change, that might provoke a storm of controversy because of my political association with the appointing power,” Santiago said.

The senator said she was unable to talk to President Arroyo at the meeting of the Legislative Executive Development Advisory Council (LEDAC) yesterday (Tuesday), for lack of time.

“The President went into overtime at another prior meeting and was about half an hour late opening the LEDAC meeting. So there was no chance for a talk before the meeting,” Santiago said.

The senator said that after President Arroyo momentarily left the room, Santiago, Sen. Flavier, and Sen. Pangilinan also left, to prepare for the afternoon Senate session.

“Although cha-cha was not on the LEDAC agenda, a spirited and lengthy debate ensued after the President called on Rep. Constantino Jaraula to report on the status of the Senate-House talks on cha-cha. It was evident that there are manifold and strongly held views among the President’s allies. In any event, my view is that this political issue will eventually morph into a judicial issue,” Santiago said.

Santiago, a constitutional law expert, said she declined to participate in the LEDAC cha-cha debate, because the only agency worth persuading is the Supreme Court, which will have the final say.

“There was no sense in proselytizing among the converted,” Santiago said.

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