Sen. Miriam Defensor Santiago said Senate action on the RP-US Visiting Forces Agreement will depend upon "clear and categorical" support by the American government of the Philippine claim to Mischief Reef in the Spratly Islands.

Santiago was reacting to news that Vice President Al Gore told Pres. Estrada at the APEC summit in Kuala Lumpur that the US supports the Philippine position.

As a candidate in last May’s presidential election, Santiago said she is opposed to the VFA.

But after the Gore statement, Santiago said she is willing to "re-think" her position on the upcoming VFA ratification, provided the US government issues a positive statement of support for the Philippine claim to sovereignty over Mischief Reef.

"I hope Mr. Gore was not indulging in mere diplomatspeak. If the US supports the Philippines on Mischief Reef, then that changes the regional security configuration," she said.

Santiago issued the statement upon arrival in Manila, after delivering a statement against international terrorism in the UN General Assembly session in New York.

Santiago said that while she remains opposed to the ratification of the VFA, she is willing to "keep an open mind" on the issue until it is formally discussed by the Senate next year.

Santiago said that "national security considerations" could make her change her mind, if the US stands by its commitments under the RP-US Mutual Defense Treaty.

Santiago was reacting to news that in its recent decision in the case of Santiago v. Guingona, the Supreme Court upheld her position that the Court has jurisdiction over the Senate.

As plaintiff in the case, Santiago argued that under a new constitutional provision, the Supreme Court held jurisdiction over any "grave abuse of discretion" on the part of any branch or instrumentality of the government, including the Senate.

Senate President Marcelo Fernan, as defendant, argued that the Supreme Court has no jurisdiction over the Senate because of the principle that the three branches of government are equal to each other.

Upholding Santiago, the Supreme Court said it has jurisdiction even over the Senate, and this jurisdiction does not violate the principle of separation of powers.

Santiago cited the new constitutional provision which states: "Judicial power includes the duty of the courts of justice to settle actual controversies involving rights which are legally demandable and enforceable, and to determine whether or not there has been a grave abuse of discretion amounting to lack or excess of jurisdiction on the part of any branch or instrumentality of the Government."

But in the same case, the Supreme Court ruled that Santiago’s co-plaintiff and political ally, Sen. Francisco Tatad, should give way to Sen. Teofisto Guingona, Jr. as Senate minority leader.

Santiago and Tatad filed the case to compel the Senate president to recognize Tatad as the Senate minority leader.

"We won the war, although we may have lost one battle. One out of one isn’t bad," said Santiago.

Santiago issued the statement upon arrival in Manila after delivering a statement against international terrorism at the UN General Assembly session in New York.

"I expected this kind of decision. It is Solomonic in that the Supreme Court upheld the principle I argued, but refused to pursue it to its logical conclusion," she said.

Santiago said she "feels encouraged" to bring more future suits in the Supreme Court against Senate leaders, if she believes they are guilty of any irregularity.

Santiago also dared Pres. Estrada to remove charter change as an item in the nationwide barangay assemblies scheduled for Monday, November 30.

In a privilege speech November 23, Santiago noted that the names associated with the present cha-cha move are the same names closely associated with the regime of Pres. Marcos.

She mentioned the names of Pres. Estrada, as secretary of the DILG, Ronaldo Puno as DILG undersecretary, Eduardo Cojuangco, Jr. as president of the LAMMP administration party, and Edgardo Angara as one of the most active LAMMP members.

She said that it is wrong for Malacanang to take the initiative in proposing charter change, because under the Constitution the power to make such a proposal is given only to Congress.

Santiago pointed out that under the Constitution, there are three ways by which charter change can be done: First, by Congress acting as a constitutional assembly; second, by Congress calling for a constitutional convention; and third, by a people’s initiative to amend the Constitution.

She pointed out that in the case of Santiago v. Comelec, the Supreme Court last year ruled that it is unlawful at this time to hold a people’s initiative to amend the Constitution, because Congress has not yet passed a law providing the procedure to be followed in such a people’s initiative.

Therefore, Santiago concluded, since a people’s initiative is not feasible, it is only Congress and not Malacanang, which can initiate charter change.

"Pres. Estrada knows as well as I do that the Filipino people do not seek and do not want charter change at this time," she said.

Santiago noted that "there are no public demonstrations, no messages in the media, no convocations on the subject by campus or civic groups in favor of charter change.

"This brainchild was conceived by politicians who cannot win presidential elections because they are simply unpopular with the electorate," she said.

Santiago also said it is suspicious that the administration is trying to tackle two highly controversial and divisive issues at the same time.

"Is cha-cha meant to camouflage the VFA or vice-versa," she asked.

Santiago also said that polls allegedly commissioned by Malacanang showed "an overwhelmingly negative vote" against charter change.

"The barangay assemblies next Monday are meant to offset the negative results of the Malacanang survey," she said.

Santiago said charter change was one of the conditions named by Cojuangco and Angara, in exchange for supporting Pres. Estrada in last May’s elections.

She said Pres. Estrada himself is not interested in a second term, but Cojuangco and Angara "are dangling the bait that Mr. Estrada could keep the post of president and thus remain head of state, while the prime minister shall be head of government."

"This cha-cha operation is a quid pro quo deal plain and simple. The two men gave their campaign support to Pres. Estrada, and now they want the payback," she said. (Quid pro quo means "one thing for another," or exchange of favors).

Santiago said that at present, Cojuangco and Angara have joined forces behind the charter change move, although they will eventually become rivals for the post of prime minister.

"This is a mere marriage of convenience for the two men. They don’t really trust each other. They are not friends, but mere political allies for the sake of charter change," she said.

Santiago said the two men support a shift to parliamentary government, because they cannot win in presidential elections.

Cojuangco lost the 1992 presidential elections, placing third behind Ramos and Santiago.

Angara lost the 1998 vice-presidential elections, although he ran with Pres. Estrada.

"Let’s see whether these two billionaire politicians can go against public opinion. The coming barangay assemblies is their common attempt to blunt the impact of the Malacanang survey," Santiago said.

She said the Malacanang survey showed that Filipinos refuse to give up their right to vote directly for the president.

"Under a parliamentary system, only the members of parliament vote for the prime minister. That’s why Cojuangco and Angara love it, since both are consummate backroom politicians," she said.

The president singled out the senator for special mention in the beginning of his speech, which acknowledged the presence of military officials.

Santiago was the only senator present at the early-morning ceremony in Camp Aguinaldo, but she was joined by some congressmen.

After the speech, Pres. Estrada walked to the clubhouse surrounded by defense secretary Orlando Mercado, chief of staff Gen. Joselin Nazareno, former defense secretaries, and generals.

Santiago walked almost abreast of the president’s party, shaking hands with the big crowd of defense employees, some of whom were seen kissing her.

Observers said her presence was a surprise, because only a few days ago, Santiago delivered a privilege speech in the Senate vehemently opposing the charter change move of the administration.

The night before the defense ceremony, at a TV talk show, Santiago argued forcefully against Pres. Estrada’s position on the imminent execution of convicted rapist Leo Echegaray.

Pres. Estrada has said he will not commute or reprieve Echegaray’s death sentence, while Santiago argued that the president should grant a reprieve, because the Senate is debating a move to repeal the death penalty law.

One general surmised that Santiago attended the ceremony to accommodate Sec. Mercado, who was her former colleague in the Senate and old friend in the campus of the University of the Philippines.