Press Release

28 June 2007

MIRIAM: VILLAR AS SENATE CHIEF WIL USE “ENLIGHTENED SKEPTICISM” WITH PALACE

Sen. Miriam Defensor Santiago, confirming that she was one of the first senators to sign the endorsement resolution, said that Sen. Manny Villar will be reelected as Senate President, and that he will observe an attitude of “enlightened scepticism” in cooperating with Malacanang on administration bills.

“I support Manny because I believe in continuity of leadership. He has already stamped his leadership style on the Senate, and it would be more efficient to keep him in the post to promote everybody’s comfort level,” Santiago said.

Santiago said she signed the pro-Villar resolution during her birthday last June 15 at a restaurant ballroom, attended by some 80 guests led by President Gloria Macapagal Arroyo and the First Gentleman.

“Throughout the dinner, Manny engaged the President in a cordial dialogue about administration-certified measures I gathered that he intends to remain open-minded, meaning that he will not be a knee-jerk oppositionist,” Santiago said.

Santiago pointed out that Villar is not necessarily an opposition senator because he was merely a guest candidate of the opposition, and he ran as the official candidate of the Nacionalista Party, which he leads.

“His sure reelection as Senate President will give him a competitive edge over his many dreamy rivals for the 2010 presidency, because he will have the advantage of continuous media exposure and of speaking engagements that will broaden his base and at the same time enable him to strengthen his party machinery,” she said.

Santiago said that apart from Villar, the likely 2010 presidential candidates will be Senators Roxas, Lacson, Gordon, Legarda, and Madrigal.

Manny Trumps all presidentiables with his capture of the Senate presidency. The others will have to settle for running as his vice presidential candidate,” she said.

The senator reportedly told Villar she is interested in keeping her present committee chairmanships, but would prefer to exchange the energy committee with another committee devoted to a topic more “lawyer friendly.”

I expect that like me, other administration senators within the coalition will also keep their committee chairmanships. In other words, the status quo will be observed more or less,” she said.

Santiago, careful to stress that she was speculating, said that Sen. Enrile will likely be the finance chair, while Sen. Pangilinan will likely be blue ribbon chair.

“Generally, a candidate wins as Senate President if he is successfully able to distribute the committee chairmanships among his allies, on the basis of seniority and loyalty. The practice is that major committee chairmanships are given to the strongest supporters of the winner,” she said.

Santiago said that once the majority have picked their Senate President, and the minority their Minority Leader, the two officials will then discuss the remaining committee chairmanships available for the minority.

“So you see, this in not an administration-opposition thing. Instead, it is a majority-minority thing. That’s the true dynamics in the asisgnement of committee chairmanships,” she said.

Santiago as chair of both foreign relations and energy committees, as well as their respective oversight committees. She is also vice-chair of the finance committee and a member of the Commission on Appointments.

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Press Release

25 June 2007

MIRIAM: APPOINTMENTS GRAFT STEMS FROM ONE-PERSON VETO POWER

Sen. Miriam Defensor Santiago, chair of the committee on foreign relations of the Commission on Appointments, said that extortion by CA members from cabinet nominees is facilitated by the one-person veto provision in the CA rules.

"In effect, under the notorious Section 20 of the CA Rules, it takes only one CA member to veto all the rest of the 23 other members. This one-person veto is what empowers a CA member to extort bribes, government appointments, or public works contracts, in exchange for confirmation," Santiago said.

Santiago referred to the CA Rules which provides: "Section 20. Suspension of consideration of nominations or appointments. Any member may move for the suspension of action by the Commission on any nomination or appointment favorably recommended by a standing committee and the Chair shall suspend the consideration of said nomination or appointment: Provided, that, such suspension may be taken up in the next succeeding session of the Commission; Provided, further, that this section shall not apply to nominations or appointments taken up by the Commission during the last session prior to a sine die adjournment of Congress."

“Under Sec. 20, any CA member, whether a senator or a representative, may move to suspend consideration of a cabinet member’s nomination, even if the committee has already recommended the nominee’s confirmation to the plenary session. This motion to suspend cannot be debated, and there is no voting. Thus, by mere motion of one member, a nominee is automatically bypassed. There is no remedy. Any ordinary member may invoke Sec. 20 during the plenary session. In effect, under Sec. 20, any member can veto, not only the committee concerned, but also the entire CA," Santiago explained.

"When a member of my committee signifies that he will invoke Sec. 20 in the plenary session, I no longer call for a vote in the committee because it would be futile. Thus, as committee chair, I am helpless against any member who threatens to invoke Sec. 20 against a nominee," Santiago said.

Santiago said that she is skeptical of the results of any investigation into the extortion charge against certain CA members, because of the extreme difficulty in securing witnesses.

"Extortion, like bribery, takes place only between two people, and one of them has to testify for the charge to stick. Generally, no nominee will incriminate himself by testifying that he obtained confirmation by giving a bribe, an appointment, or a contract to a CA member. Further, it would be the nominee’s word against that of the solon, and therefore other things being equal, the presumption of innocence will be sustained," said Santiago, a former RTC Quezon City judge.

Santiago recalled that during her time, the CA repeatedly bypassed her as agrarian reform secretary, because shae refused to accommodate the recommendees and other illegal requests of certain CA members or their friends in the chamber.

"I was bullied and tormented during the sessions, and all the corrupt employees in the immigration bureau had a field day slinging mud at me, with the malicious encouragement of the arrogant senators and congressmen who wanted to take me down a peg or two. They were insufferable. It was a brutal process, sufficient to cause any idealist to be disillusioned with the political process for the rest of her life. In my case, I determined that if I ever joined Congress, I would do the right thing and upstage them all," Santiago said.

By contrast, Santiago said that when she became CA member, she proved that there is no reason to delay a confirmation, when her committee on foreign relations confirmed the nomination of foreign affairs secretary Alberto Romulo after only one session.

Santiago’s committee also posted the highest number of confirmations for the 13th Congress, having secured confirmation of 231 DFA ambassadors, consuls, and other high-level DFA positions.

Santiago said that she recommends strictly no communication, except of an official nature, between any CA member and a nominee during the confirmation process.

"The CA by itself can repeal Sec. 20 and can also make it illegal for a CA member and a nominee to communicate directly or indirectly outside of the public committee hearings. That way, the opportunities for extortion would be minimized," she said.

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Press Release

21 June 2007

MIRIAM: SENATE SECRET BALLOT IMPRACTICAL

Responding to media queries, administration Sen. Miriam Defensor Santiago said that the reported plan of the Senate opposition senators to use secret balloting for choosing the next Senate President is "too utopian and impractical."

The opposition has announced that they will vote as a bloc for one of them to be Senate President, after he or she is chosen through secret balloting.

"There are three reasons why the plan will not work. One, the opposition is not monolithic. Two, there is no remedy if someone does not follow the gentleman’s agreement. Three, the purported agreement requires the consent of the main contenders, who are Senators Villar and Pimentel," Santiago said.

Santiago said that although the opposition can count with nine members, it still needs to convince two independent senators to join the bloc, namely, Senators Pangilinan and Honasan.

"In an ideal world, the opposition should remain united. But this is an illusion, because Senate history shows that after the elections, every senator believes himself to be a free agent,” Santiago said.

Santiago also added that there is no formal written agreement for the opposition bloc to remain solid.

"Unity in the opposition is only a hope, not a reality. There is no written document, and even if there were, it would not be legally binding. You can’t go to court to enforce a so-called gentleman’s agreement, specially among politicians," she said.

Santiago said that the two most serious contenders for Senate presidency are Senators Villar and Pimentel, neither of whom has declared that he will voluntarily follow the purported agreement.

"It would be anomalous to bind two senators who are not parties to the agreement. Senators Villar and Pimentel will have to speak for themselves," she added.

Santiago, after dismissing the reported secret balloting procedure of the opposition, predicted that the next Senate President will be supported by a coalition of both administration and opposition senators, following "an established pattern" in the Senate.

"Tying down a senator’s right to cast his vote is like attempting to domesticate a wild bull. It can’t be done, and it might backfire in the sense that the bull might turn around and gore his tormentors," she said.

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Press Release

21 June 2007

MIRIAM: TRILLANES WILL STAY JAILED

Responding to media queries, Sen. Miriam Defensor Santiago, a constitutional law expert, said that senator-elect Antonio Trillanes will likely remain in jail even after Congress resumes session in July, following a landmark Supreme Court decision.

Santiago cited the 2000 case of People v. Jalosjos, where the Supreme Court ruled that a convict in jail pending appeal and later elected representative, had to stay in jail even after he won in the election.

"Just because a detention prisoner has won as senator does not mean that he should be free to attend Senate sessions, because that would be a violation of the Equal Protection Clause of the Constitution," Santiago said.

Santiago explained that the Equal Protection Clause requires the government to treat alike all persons similarly situated, and that no undue favoritism may be allowed.

"All persons charged with nonbailable offenses, such as the crime of coup d’etat, have to remain in jail. Election as senator does not entitle a detention prisoner to special treatment. Otherwise, the result is what the law calls an invidious discrimination," she said.

Santiago quoted the ruling in People v. Jalosjos, thus: "Election to the position of Congressman is not a reasonable classification in criminal law enforcement. The functions and duties of the office are not substantial distinctions which lift him from the class of prisoners interrupted in their freedom and restricted in liberty or movement. Lawful arrest and confinement are germane to the purposes of the law and apply to all those belonging to the same class."

Santiago explained that the Supreme Court ruling was based on the concept of public self-defense. The Court also added that "it is the injury to the public which state action in criminal law seeks to redress. It is not injury to the complainant."

Santiago said that to allow detention prisoners to attend Congress sessions would amount to the creation of a privileged class.

She further quoted the Jalosjos ruling, thus: "Allowing accused to attend congressional sessions and committee meetings will virtually make him a free man with all the privileges appurtenant to the position. Such an aberrant situation not only elevates accused’s status to that of a special class, it would also be a mockery of the purposes of the correction system."

Santiago said that Jalosjos, while a detention prisoner and after election as a representative, was provided with a congressional office and staff at the Batasan. He was also provided with an office at Bilibid Prisons in Muntinlupa. While under detention, Jalosjos was able to file several bills and resolutions. Jalosjos also received his salaries and other monetary benefits as a representative.

"On these findings, the Supreme Court ruled that the prisoner could perform his function as a representative while in jail. In fact, the Supreme Court went so far as to state that since he was a detainee, the accused should not have been allowed by the Bilibid Prison authorities to receive his constituents in jail."

Santiago said the Supreme Court justified its ruling with the following explanation: “When the voters of his district elected the accused to Congress, that would fall with full awareness of the limitations on his freedom of action. That would fall with the knowledge that he could achieve only such legislative results which he could accomplish within the confines of prison."

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Press Release

16 June 2007

MIRIAM DARES NEW SOLONS TO SPEND PORK WITHOUT KICKBACKS

Sen. Miriam Defensor Santiago dared newly-elected senators to prove their integrity by donating their annual pork barrel funds to “kickback-free” projects for the Philippine General Hospital, the country’s biggest charity hospital, and to the University of the Philippines, the country’s premier state university.

“It is well-known in the pork barrel trade that there are no kickbacks for such projects as state-of-the-art machines for public hospitals, or new buildings for state universities. This project should be the litmus test for new senators claiming to be honest,” Santiago said.

Santiago was honored guest at a special program June 15 during the inauguration of new PGH medical facilities, headed by UP President Emerlinda Roman, PGH Director Carmelo Alfiler, and PGH cardiologist, now DSWD Secretary Esperanza Cabral.

Starting 2005, Santiago launched her personal campaign for “one senator, one machine” for PGH, leading the way by donating at that time P16 million for new equipment for the adult gastroenterology and cardiology sections.

The senator followed this up with her recent donation of another P6 million for the renovation of three rooms, called the control room, medical call room, and medical auxiliary room. In addition, Santiago’s pork barrel provided medical gas facilities to ensure that oxygen and lifesaving gases will be available to PGH patients.

Later this year, Santiago has already committed another P12 million to purchase an endoscopic ultrasound equipment for the new gastroenterology center at UP-PGH, the first of its kind in the Philippines to make diagnostic and treatment procedures available to patients who cannot afford similar facilities in private hospitals.

Santiago said that in 2005, she passed around the Senate a “pledge sheet” containing a list of machines urgently needed by PGH, with the intention that every senator should indicate opposite the machine of his choice the amount he was willing to donate from his pork barrel.

“Sadly, my project called ‘one senator, one PGH machine’ raised a lot of curiosity and interest among the senators, but apparently no senator followed up on his pledge,” Santiago lamented.

Santiago said that it is virtually useless for a senator to make public mere refusal of his pork barrel funds, because those funds will simply go to another agency where they could be subjected to corruption.

“Mere renunciation of pork barrel does not constitute a public service. It needs follow-up to make sure that the money refused goes to worthwhile social services. Instead of seeking publicity for giving up pork barrel, senators should allocate their pork barrel to ‘clean’ projects where it is impossible to get a kickback, such as the importation of expensive medical machines to be made available free to the poor,” Santiago said.

Santiago made banner headline news in 1996, when a leading newspaper exposed additional pork barrel that senators allocated for themselves, called the Congressional Initiative Allocation, by refusing it on the ground that it had no constitutional basis.

“Pork barrel has a constitutional basis, so it is legal. But in most cases, it is reduced by kickbacks shared among the legislator, local government official, and contractor. The most kickback-prone projects are those involving public works,” Santiago said.

UP President Roman lauded Santiago’s consistent support over the years for UP-PGH, particularly her donation of annual pork barrel to complete the new National Institute of Physics building in the UP Diliman campus, where Santiago graduated.

“A senator or representative can sponsor a building by donating pork barrel funds in annual increments until the building is finished. I hope Sen. Santiago’s example will be followed by other senators,” Roman said.

DSWD Secretary Cabral, known to be a close friend of Santiago, and a former practitioner at PGH, pointed out that PGH is the country’s biggest charity hospital, catering to more than 600,000 patients a year, 90 percent of whom are indigents.

“Senators who genuinely care for the poor can help them directly by funding the importation of the latest medical machines. This process does not allow kickbacks, so any senator who donates medical equipment is automatically clean. That should be the attraction for the new senators,” she said.

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Announcement

MIRIAM CELEBRATES 62nd BIRTHDAY
AT PGH

Senator Miriam Defensor Santiago will be the guest of honor during the Philippine General Hospital’s Inauguration of newly renovated facilities on 15 June 2007, 9:00 a.m., at the PGH Atrium. The Inauguration coincides with her 62nd birthday.

The renovation of the PGH facilities was made possible through Senator Santiago’s Priority Development Assitance Fund.

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