Transcript of interview

1 October 2009

On the suggestion of waiving the donor’s tax for the donations for typhoon victims 

There are many organizations here and abroad who want to make donations for the typhoon victims. What deters them is the prospect of having to pay donor’s tax. They are afraid that the tax would eat into the donation, that, in effect, they would be just giving money to the treasury which might be stolen by corrupt public officials. 

There are existing exemptions from donor’s tax. One of the ways you can avail of so we can immediately give the donation to the flood victims is to course it through a government organization and not through a private individual or organization. I will file a resolution on Monday that the Senate and the House should set up a donor reception center and issue the proper receipts and document the donations so that the donations would automatically be tax-free. That would stimulate the expected influx of donations from abroad.

What happened to the P10 billion for disaster relief from Congress?

They decided just to source it from national treasury funds because there is a measure of assurance from the DBM that the funds are ready anyway. There might be technicalities involved with the road user’s tax. We are coordinating closely between the committees on ways and means, and finance, with our counterparts in the House so that both chambers would be able to approve it, meet as a conference committee, and then immediately implement the P10 billion supplemental budget. You can expect by next week that the P 10 billion will be available and ready for distribution, and that the Senate would put up relief centers with the House of Representatives so that the donor’s tax would be automatically waived. I patterned the donor’s tax exemption after a Hurricane Katrina legislative measure.

On the reported extravagant LWUA anniversary celebration

That should be considered an extravagance during a time of calamity, and under the Civil Code it could be prevented by means of a court injunction. The Civil Code frowns upon excessive or conspicuous consumption in times of national emergency or calamity. If it falls within that category, anyone can go to court and obtain an injunction to stop it.

If it has already happened, then a petition can be filed in court for damages against those who held the celebrations because of a violation of a provision in our Civil Code. If we do not enforce it by means of court injunction, then it becomes a dead law. So I would strongly encourage any private person or organization to file the commensurate action for damages against the people responsible for it.

What could be their penalties?

They would have to pay in their individual capacities and refund the national treasury because I’m sure that the COA will not allow that as a necessary expense. Remember that the COA law provides that it shall disallow any unnecessary expense.

On public officials' infomercials still airing in media despite the calamity

I call on all public officials that are still broadcasting their infomercials to stop it immediately and to ask the permission of the networks, with whom they presumably have contracts, to agree to suspend at the very least those contracts and give the money to the typhoon victims. I think the infomercials will cause a backlash because if we just suffered the loss of lives and property, we don’t want to see in TV a person who is promoting himself as a candidate and appears oblivious to the calamity that other people are going through. So it becomes scandalous and anomalous.

On public officials and celebrities taking advantage of the calamity for publicity

There is public resentment, if they are not aware of it, of public officials very conspicuously distributing relief goods or even movie stars. This is not the time. If we just want to exercise an act of Christian compassion, they have to observe that this should be done in private and that there should be no benefit of any kind for the individual who is distributing these relief goods. Maling kultura iyon na kapag may disgrasya, kaagad kang darating at may ipinamimigay kunwari pero meron kang sariling mga photographers at press release.

That is sheer opportunism in my view. You know, if you are a devastated typhoon victim, with your life and properties in ruin, you don’t want to face TV cameras. And for example, movie stars dressed to the nines with heavy TV make up on giving you one kilo of rice.

On the country’s disaster preparedness

There has to be a long term strategy because we are in the typhoon belt and the earthquake belt. We have to have a long term program. First of all, we must complete the Marikina floodway project. The floods in Marikina were predicted long ago because it is a valley. And so government already started a drainage project so that the floods in Marikina could be diverted to the Manggahan floodway in Pasig, and then diverted to Manila Bay. But the canal from Laguna Lake to Manila Bay was never constructed. That is the reason why.

In addition to these floodway systems, we should have permanent evacuation centers because we are always implementing ad hoc measures. I just think that NDCC should have been better equipped than it actually is during these events. There is always an element of surprise like “Huh? What’s going on?”. That is why it is called disaster preparedness—they should be prepared.

Transcript of Sen. Miriam Defensor Santiago's Interview

9 September 2009

On her letter to the Ombudsman regarding the infomercials of cabinet officials 

Nang natapos namin ang aming public hearing tungkol sa mga infomercials ng mga cabinet member na ang gamit pala nila ay pondo ng gobyerno, kaagad nagbigay ako ng kopya ng aking committee report sa Ombudsman. Sumagot naman siya agad na iimbestigahan niya. That is what we call a preliminary investigation. You’ll remember that I gave the cabinet members until the end of August to pull out their commercials in case the contract has already covered that period. 

Pero September na ngayon, at meron pa ring naiiwan according to my staff. Meron pang apat pa (VP Noli de Castro, Sec.. Ronaldo Puno, Pagcor Chair Efraim Genuino, MMDA Chair Bayani Fernando). Yung iba, pinull-out na nila. Kaya ginampanan ko ang sinabi kong gagawin. Pinapaalala ko lang sa Ombudsman na kung maari magfile na ng kaso sa Sandiganbayan. Itong mga ito, dahil ang kasong kriminal diyan ay malversation of public funds, hindi nila ginamit ng maayos ang pera ng gobyerno, o inaamin na nila sa pamamagitan ng linya sa kanilang infomercials na “Paid for by friends of _____”. Kung paid for nga ba talaga ng kanilang friends, ibig sabihin tumanggap sila ng napakalaking pera sa kanilang mga kaibigan, at iyan ay bawal ayon sa Anti-Graft Act. Kung hindi man friends nila ang nagbayad kundi sila mismo at pinalitaw lamang nila na friends nila ang nagbayad, iyon ay kasalanan pa rin sa batas dahil ibig sabihin meron siyang unexplained wealth. Kaya kahit anong sabihin nila, wala silang depensa. Kaya tayo nagbigay ng palugit, baka hindi lang nila nalalaman. Huwag naman sana sila magmatigas nang ganoon dahil nakakahiya sa presidente at maiisip ng publiko na ang ating presidente ay sumasangayon sa mga cabinet members na ito. Hindi sila nagdudulot ng karangalan sa ating presidente kundi nagbibigay pa ng perwisyo.

On its implication of FVR’s group leaving the administration coalition

Naturally it makes the coalition of the administration weaker. To what extent it is weakened is the question. It is not really a question of parting from the administration coalition because all the time those two people have been working against the administration—they have said so in public. So it was completely expected, something that you can foresee. The question there is how weak the administration coalition now be because of the separation of these two. I can say that it has virtually zero effect on the full strength of the administration because the allies of the administration depend on the administration to put the force of its moral authority and the equity of its incumbency to help them during the campaign. During a campaign, it is not the personalities who are involved to determine where the candidate will affiliate himself, it is how much resources and how much more votes the party or coalition will be able to give to the candidate.

Laos na ba sina FVR?

Yes. In effect they are bargaining because they were bargaining and they have actually fulfilled their threat, but we shall see whether anyone will go with them or they are all alone crossing the sea and wandering around the desert. I think that that will happen. It will be biblical in proportion.

Is this a loss for President Arroyo?

Hindi naman, dahil noon pa they were taking potshots at her already. And when she caught them with their hands in the cookie jar, she gave their wrists a slap, and they pretend to be offended.. But the thing is, they were caught in the act. So I think that this is so much better because it clears the air.

On FVR supporting Sen. Aquino’s bid for the presidency

I don’t know if he has forgiven Tita Cory Aquino for marching in the streets against him when he tried to amend the Constitution so he could extend his stay in power. I was together with my ninang, Pres. Aquino, when she did that because I was also against charter change at that time, and I won the case in the Supreme Court which I myself argued. So I don’t know if he can get over that.

On Sen. Aquino’s decision to run as president

That is a foreseeable event. The question now is what will the surveys show. There are people willing to say hallelujahs every time there is a new leader in the horizon, hoping that they could get something out of it. The hallelujah chorus is always present in any presidential camp. But the issue will be how will Sen. Aquino fare in the next presidential elections. He has now confirmed that he is a presidentiable.. We shall now see, since the person he replaced placed only about number four in the recent surveys, whether he can exceed that number, and then we would see if it was right for Sen. Roxas to give way for Sen. Aquino. But if not, then the LP will be having a tough time in the presidential campaign.

On her advice to Sen. Noynoy Aquino 

Obviously everybody does know that surveys have already taken the place of party conventions. You’ll notice that political parties no longer hold conventions to determine who will be their candidate. People just go by survey. We tried to legislate or regulate these survey companies but we were unsuccessful here in the senate. 

On the word war between former President Estrada and Sen. Lacson, with Sen. Lacson to deliver a privilege speech next week

You can bet that Sen. Jinggoy Estrada will certainly rise also on a question of privilege maybe the next day so that he will have enough time to rebut all the points. But I don’t know whether all of these are related to our basic function of legislation.

PALACE SHOULD STOP ILLEGAL CABINET INFOMERCIALS

BY SEN. MIRIAM DEFENSOR SANTIAGO

Ladies and gentlemen of the Senate:

The Rhinoceros is Thick-Skinned

The dictionary defines a rhinoceros as a large, powerful, herbivarous, thick-skinned perissodactyl mammal with two horns. Thus, a rhinoceros is a template for cabinet members and other executive officials who use public funds, or gifts from so-called “friends,” to campaign for next year’s elections. They are all thick-skinned and should be shot on sight.

DBM Should Not Allow Ad Expenses

Last May, the Department of Budget and Management issued the “FY 2010 National Budget Call.” It is a set of guidelines and procedures in the preparation of the 2010 budget, which the Senate is expected to receive by the end of this month. Under the heading “Maintenance and Other Operating Expenses,” the DBM allows this item: “Advertising expenses. Cost of advertisement in newspapers, magazines, television, radio, and other forms of media.”  

We in the Senate do not see advertising expenses as a line item in the annual budget, because it is hidden under the general item MOOE. This is why cabinet members routinely abuse this advertising expense account every three years, when an election approaches. Without legislative oversight, they shamelessly help themselves to these public funds, on the pretext that they are conducting information campaigns about their departments.

COA Audit of Advertising Expenses

Greed for and abuse of public funds are proved by the figures from the Commission on Audit submitted to me, as chair of the economic affairs committee, on 14 August 2009 by Chair Reynaldo Villar. In 2008–2009, certain cabinet members and other executive officials, prematurely campaigning for the 2010 elections, used public funds totaling, in round figures, P118 million. In 2009 alone – the year before elections – they spent public funds for their candidacies totaling, in round figures, P100 million.

This is the list of cabinet members and other executive officials, arranged by the amount of government funds spent for infomercials, for the two years of 2008-2009:  

In Round Figures:

1. Chair Augusto Syjuco, Tesda - P28.3 M
   
2. Mayor Jejomar Binay, Makati - P23.4 M
   
3. VP Noli de Castro, OVP, Pag-ibig/HDMC, HUDCC - P18.1 M
   
4. Chair Efraim Genuino, Pagcor - P14.1 M
   
5. Sec. Francisco Duque, DOH - P13.2 M
   
6. Chair Bayani Fernando, MMDA - P 7.4 M
   
7. Sec. Jesli Lapuz, DepEd - P 5.7 M
   
8. Sec. Hermogenes Ebdane, DPWH - P 3.8 M
   
9. Sec. Nasser Pangandaman, DAR - P 2.4 M
   
10. Sec. Ronaldo Puno, DILG - P 0.9 M
     TOTAL = P117.7 M

And this is the list for the year 2009, so far:

1. Mayor Binay - P23.4 M
   
2. Chair Syjuco - P22.5 M
   
3. VP de Castro - P18.1 M
   
4. Chair Genuino - P14.1 M
   
5. Chair Fernando - P 6.4 M
   
6. Sec. Lapuz - P 5.7 M
   
7. Sec. Edbane - P 3.8 M
   
8. Sec. Duque - P 3.3 M
   
9. Sec. Pangandaman - P 2.4 M
   
10. Sec. Puno - P .240 M
     TOTAL=P100.4 M

 These executive officials can expect to stay in office until the end of November, the deadline for filing certificates of candidacy, when they will be considered resigned. Thus, unless we in the Senate will warn them to stop using public funds, they are likely to intensify their infomercials, and it would be likely that they will incur more expenses – maybe another P100 million. Their total greed and abuse might then reach a grand total of P218 million of public funds used for electioneering. One small step to the Senate, a giant leap in greed and abuse.

No Legal Basis for Infomercials

There is no specific legal basis for TV infomercials and other campaign materials which feature the head of agency. The law merely provides that: “public officials shall provide information on their policies and procedures.” (R.A. No. 6713, Code of Conduct for Public Officials, Sec. 4 (A) (e)). This provision should be read in the context of the Constitution’s Bill of Rights which provides that: “The right of the people to information on matters of public concern shall be recognized.”

In other words, if a person goes to a government agency and requests information about policies and procedure, then the agency has a legally demandable duty to provide the information, unless it might endanger national security. The right is given to the citizen, not to the agency.

Possibly the only agency required by the Constitution to inform the public is the DOH, under the provision that the state shall instill health consciousness among the people. (Article 2, Sec 15).

But even assuming that infomercials have a specific legal basis, there is no legal basis for the appearance of the head of agency in a state-funded infomercial, particularly when he is planning to run in the elections. I challenge any of these executive officials to cite any such specific law. There is none. There is no legal basis for infomercials. They are illegal.

Timing is Dead Giveaway

If the cabinet officials are merely piously discharging their non-existent duty to expose themselves to the public, why did they start only in 2008, and why are they going full speed in 2009, the year before elections? Why didn’t they start publicizing their pious duty to appear in paid media, specially TV, when they assumed office, many years ago?

Gentlemen of the cabinet, how do you explain the timing of your highly-paid TV infomercials?

Here is the list of their dates of appointment: Mayor Binay - 30 July 2001; Chair Fernando - 3 June 2002; Chair Syjuco - 2004; VP de Castro - 30 July 2004; Sec. Duque - 9 June 2005; Sec. Teves - 12 July 2005; Sec. Puno - 6 April 2006; Sec. Lapuz - 19 July 2006; Sec. Teodoro - August 2007. 

COA Infomercials Unnecessary

Infomercials violate COA Circular No. 94-001 dated 1994 which states: “Sec 16. Grounds for Disallowance. 16.1. All transactions which are irregular, unnecessary, unconscionable, excessive, and extravagant (IUEE).”

According to COA, the audit criteria are as follows:

• +The infomercial should contain information that the public needs to know. What determines necessity is the public need, not the executive official’s political agenda. In their blind ignorance, certain cabinet members keep on chanting the mantra that they need to inform the public. In the optimum, every government agency and every public official has a duty to inform the public, BUT only if the public asks. Who ever asked these cabinet members to inflict their grotesque faces on the TV viewing public?  
  
• The infomercial should be part of the essential functions of the agency. For example, infomercials on a “need to know” basis could be issued by DOH concerning contagious diseases, or by DSWD on emergency assistance for dangerous calamities. Not any function of the agency will justify infomercials, but only an extraordinary function under extraordinary conditions. The infomercial should be essential to the operation of the agency.  
  
• The infomercial should be authorized by a line item in the budget.  
  
• The infomercial should have been processed in accordance with R.A. No. 1984.

Almost all of the infomercials flunk this fourfold test for legality. Under COA Circular No. 85-55-A, expenses for advertisements of anniversaries, etc., in newspapers, TV, or radio merely for publicity or propaganda purposes are unnecessary and should be disallowed, except when the nature of the agency’s mission would require such expenses, as in the case of promotion of trade and business. Here are some COA audit observations on the greed and abuse of executive officials:

• Chair Syjuco. On 27 February 2008, the COA declared as unnecessary, his advertising expenses in the sum of P12.3 M; on 12 March 2008, the sum of P21.12; M; and on 24 June 2009, the sum of P18.4 M. COA warned him at least three times, but he kept on spending public money. COA has noted that Mr. Syjuco’s ad with the professional singer Sarah Geronimo cost the taxpayer P8.3 million. 
  
• VP de Castro. He is the unpaid talent for a profusion of housing ads, thus gaining exposure.
  
• Chair Fernando. He used MMDA funds for giant tarpaulin posters, with his photo occupying over half of the area of the poster. 
  
• Sec. Puno. In 2009, he charged to DILG funds, media greetings on certain occasions, such as the President’s birthday, Mr. Puno’s own birthday, and the anniversary of the Tribune newspaper.  
  
• Sec. Duque. He appeared in ads concerning dengue, smoking, and generics.
  
• Sec. Lapuz. He appears in ads for Brigada Eskwela, for which DepEd funds were used to pay the Philippine Information Agency (PIA).
  
• Sec. Pangandaman. DAR ads showed him and the President.  
  
• Sec. Ebdane. DPWH ads showed him and the President.
  
• Chair Genuino. He appears in Pagcor ads, which are unnecessary, because Pagcor is a monopoly. Why advertise a monopoly?  
  
• Mayor Binay. He appears in ads extolling the benefits of living in Makati , where he is mayor, thus making a subliminal pitch for national office.

By admitting that public funds were used for these ads, the executive officials are admitting that they are guilty of the election offense of using public funds for electioneering. The Election Code, Sec 261 prohibits any person, under any guise whatsoever, directly or indirectly, to use public funds for campaigning.

Ads Paid by Friends Constitute Indirect Bribery

The infomercials of Mr. Puno, Mr. Teodoro, and maybe others, purport to be paid by “friends.” If so, the disclaimer in the TV ads constitute an admission of the crime of receiving manifestly excessive gifts, as defined by R.A. No. 3019, the Anti-Graft Act.

The rate card of a top TV channel charges P475,000 for 30 seconds of prime time. It appears that the running time of each executive official, ranked from the longest to the shortest, are as follows: Sec. Teodoro - 1 minute 12 seconds; Sec. Ebdane - 1 minute 3 seconds; Chair Genuino - 60 seconds; VP de Castro - 54 seconds; Mayor Binay - 39 seconds; Sec. Puno - 33 seconds; Sec. Teves - 30 seconds; Chair Syjuco - 30 second; Sec. Duque - 29 seconds; Chair Fernando - 20 seconds; Sec. Lapuz - 16 seconds.  

 These government officials are spending taxpayers’ money like there’s no tomorrow. If, as some ads proclaim, they were paid for by friends, the cost would run to hundreds of millions. Even a gift of P1 million is already considered to be “manifestly excessive.” We can only calculate that these ad expenses are “arrogantly excessive,” as in walang hiyaan na ito. We have been invaded by a herd of rhinoceros that are not only thick-skinned, but also dimwitted. They are making public admissions of the prohibited act of accepting a gift which is manifestly excessive.

 Under the Rules Implementing the Code of Conduct (R.A. No. 6713) if convicted, they have to suffer the penalty of imprisonment up to five years, and disqualification to hold public office.  

Recommendations

In this speech, I do not include the issue of premature campaigning, because I have brought a case to the Supreme Court, where it is pending. It is sub judice, and I refrain from discussing it on the merits, except to express the conviction that certain people are breaking the law against premature campaign.

Recommendation No. 1. I appeal to my colleagues in this Senate that, when we deliberate on the budget next month, we should abolish appropriations for advertising. If we have to keep this line item, we should accompany it with the condition that it should not feature the agency head, or any political image, or any effort to influence public support for a political candidate.  

These prohibitions have been adopted by other countries. One example is the Guidelines on Campaign Advertising dated June 2008 by the Australian government department of finance. Another example is an American law that prohibits public officials from using the facilities of public office, directly or indirectly, for the purpose of assisting a campaign for election of any person to any office. (RCW 42.17.130).

Recommendation No. 2. I also appeal to my colleagues that in the 2010 budget, we should amend Section 59, the “General Provision on the Use of Savings.” We should add the condition that savings and contingent funds shall not be used to augment the budget for professional services and for advertising agencies.

Recommendation No. 3. I urge the Comelec to discharge its constitutional duty to: “Recommend to the Congress, effective measures to minimize election spending.” Constitution, Art. 9, (C, Sec. (2) (7). Gentlemen of the Comelec, where is your political will? In effect, you have to assume responsibility for the premature campaigning of these cabinet candidates, because of your ruling on my petition, which I have elevated to the Supreme Court. With the avalanche of cabinet infomercials, it has now become clear to the public that by its refusal to stop premature campaigning on the basis of a technicality, Comelec opened the way to a slippery slope.

Recommendation No. 4. I urge the COA to disallow all advertising expenses, and to demand that the executive officials concerned should return to the government the money they used for their ads.  

Recommendation No. 5. I urge Channel 2, under its Boto Mo , Ipatrol Mo campaign; Channel 7, under its own election watchdog crusade; all other media; and all NGOs dedicated to honest and clean elections, to file a complaint with the Comelec for this election offense, against the executive officials I have mentioned, and others doing the same. If Comelec fails to act on a citizen complaint within four months from filing, I urge the NGOs to file the complaints with the state prosecutor or the Justice Department.

Recommendation No. 6. I demand that the Press Secretary as head of the Communications Group in the Office of the President should discharge his duty by directing all cabinet candidates to stop their infomercials immediately. Executive Order No. 511 dated 2006 creates the Communications Group and requires it to discharge the function of supervision of public information activities, including advertisements.

 At the hearing on 14 August 2009 of the economic affairs committee which I chair, I directed the executive officials to comply with the law, principally by observing COA audit criteria, and in any event to remove their images from their infomercials by the end of August. 

If there is no objection from our colleagues, I shall proceed to send a copy of this privilege speech to the Ombudsman, Comelec, and the Secretary of Justice, with my cover letter requesting criminal prosecution by October, if the executive officials refuse to be educated on the law, and continue their mad pursuit of public office by illegal and depraved use of public funds.

MIRIAM TO GRILL CABINET OFFICIALS ON INFOMERCIALS IN SENATE HEARING

Senator Miriam Defensor Santiago, chair of the Senate economic affairs committee, today said she has set the public hearing on the controversial infomercials of cabinet officials this Friday, 14 August 2009. 

Santiago said she will issue invitations to the concerned cabinet members to appear in Friday’s hearing. 

“If they do not appear on Friday, I will issue a subpoena to compel them to appear before the Senate,” she said. 

In a resolution she filed Monday, Santiago cited the following cabinet members and other high-ranking government officials who appeared in government-funded infomercials:

• Vice-President Noli de Castro 


• Interior and Local Government Secretary Ronaldo Puno 


• Health Secretary Francisco Duque III 


• Finance Secretary Margarito Teves 


• Defense Secretary Gilberto Teodoro 


• Public Works and Highway Secretary Hermogenes Ebdane 


• Education Secretary Jesli Lapus 


• Agrarian Reform Secretary Nasser Pangandaman 


• Philippine Amusements and Gaming Corporation (Pagcor) Chair Ephraim Genuino 


• Technical Education and Skills Development Authority Chair (Tesda) Augusto Syjuco 


• Metro Manila Development Authority (MMDA) Chair Bayani Fernando 


• Makati Mayor Jejomar Binay 

The feisty senator said she will ask these cabinet officials to explain the legal basis for the use of public funds for advertising themselves in the infomercials. 

Santiago said she will also invite the finance officer and the Commission on Audit (COA) resident auditor of each department to shed light on the sources of funding of the infomercials. 

She said the infomercials are being used to campaign early, in violation of the Constitution and election laws. 

“Unless a person is blind, deaf, or dumb, it is crystal clear that the alleged infomercials of cabinet members are intended to camouflage the violation of the campaign ban, for the simple reason that these cabinet members engage only in such infomercials in the year prior to election year and at no other time, and for no other reason than personal political publicity,” she said. 

“By using public funds, these government officials have the financial mechanism to campaign ahead of others,” she added. 

Santiago had earlier filed a petition with the Supreme Court (G.R. No. 184044, Miriam Defensor Santiago v. Comelec), seeking an injunction against some of her fellow senators from conducting a premature campaign in the guise of endorsing certain commercial products. 

“If I want to enforce the campaign ban against my own colleagues in the Senate, with even more reason I should seek the enforcement of the ban against cabinet officials who are engaged in premature campaign through the infomercials,” Santiago said.

MIRIAM SEEKS PROBE OF CABINET SENATORIABLES

Sen. Miriam Defensor Santiago is seeking a public investigation of funds used for alleged TV infomercials by certain cabinet members planning to run for the Senate.

“If they are using public funds, they are guilty of malversation. If they are using private funds, they are guilty of premature campaigning,” she said.

Santiago mentioned the case of one cabinet member who appears in a health infomercial, another who appears in a disaster preparedness infomercial, and still another in a tax payment infomercial.

“The Election Code bans and penalizes the election offense of premature campaigning. TV informercials are a pathetic way of seeking to go around the ban,” she said.

Last year, Santiago filed a petition with the Comelec to stop reelectionist senators from appearing as alleged commercial models of certain products advertised on billboards.

Although the senator alleged that some of her colleagues are violating the ban, the Comelec dismissed her petition, prompting her to elevate it to the Supreme Court where it is pending.

“We have to stop this culture of impunity among senators, cabinet members, and other public officials blatantly violating the law. Instead, the public should support a culture of accountability by asking for their disqualification,” she said.

Santiago said that if the present trend continues, all potential candidates for local and national offices will start campaigning by one ruse or another.

“The law imposes a ban, but many are doing what the law prohibits, because of the lackadaisical attitude of the Comelec. With its refusal to comply with the law, the Comelec is in effect cultivating a culture of impunity among politicians who break the law,” she said.

Transcript of Sen. Santiago's interview

21 January 2009

On the government’s economic stimulus package

What this means is that government is going to spend P330 billion creating jobs so that more money would go to the people and will circulate in the economy, and in that way we can offset the expected adverse consequences of the recession in America .

Most governments in the world are making these stimulus packages, so there is nothing unusual, much less anomalous, about it. However, the devil is in the details. We have 330 billion to spend. That should be spent in improving agricultural productivity. If we are going to spend money anyway, let’s make sure we’ll have economic security, that is to say that we will not be at the mercy of rice exporters or fish exporters when the crunch comes.

As chair of the committee on economic affairs, I prefer that the 330 billion economic stimulus money should be spent on agricultural productivity, namely on such infrastructure projects such as the building of small-scale irrigation systems or of farm-to-market roads—more or less permanent improvements that can be availed of by the people.

I am definitely against spending any part of the 330 billion to create artificial jobs, for example sweeping streets or buying overpriced uniforms or brooms. This is a very fertile source of graft. There is already a red light flashing on and off. I read that the Metro Manila Development Authority chair has already started hiring more street sweepers. That is the worst kind of economic stimulus you can think of. He is going to use that for electioneering. And I warn that person that if these uniforms are going to be pink and blue, I am going to send him to jail personally.

It may not be enough. Of course it is never enough. You see, what happens is because the United States has less money than it used to have, it is no longer importing as much as it used to be from the Philippines . Of course our exporters are hurting; some are gone outright, some of them have made massive layoffs. So more Filipinos will be losing jobs. If that is the case, there will be money circulating in the economy, and with that everything will rise, oil prices will rise. That is why it becomes necessary for an economist like President Arroyo to adopt a stimulus package to stimulate the economy. First of all you have to release more money.

On US President Obama's inaugural speech

We have all seen this spectacle. It is always spectacular. The Americans want to impress people all over the world that they are the source of the rule of law and of democracy. I doubt it very much, but that is their self-propaganda which they fervently believe.

We simply have to wait and see. I hope that President Obama will not be as hostile to international law as President Bush was. President Bush was a swaggering cowboy. I do not know if he had any academic qualifications for the post because he can’t seem to understand international law. The United States cannot act unilaterally unless it has the support of a Security Council resolution. It cannot be the policeman of the world.

By contrast, President Obama has already announced that he has a timetable for the withdrawal of American troops from Iraq . That is a good sign because Iraq is the Vietnam of our days. That is going to be a deep hole that the Americans has dug for themselves, and unless President Obama seizes the initiative, they might stay in that hole for a long time.

On the composition of the ethics committee

You can’t evade the issue of the 2010 elections. The Filipino people is very fond of self-flagellation because they celebrate presidential elections as if they have anything to look forward to, and then after only six months they begin to make a death wish for the elected president. That is so Filipino.

If those presidentiables (in the ethics committee) were more sensitive to the normal issue that would arise, that is to say the conflict of interest issue, they would have declined membership. But as it is, they have accepted it; that is their responsibility. However, it will become slightly difficult to justify an adverse opinion against Sen. Villar considering that they would be contesting the same seat in 2010. In that situation, you will never be able to evade public accusations on the partiality of the judgment.

Can the ethics committee continue with the hearings without the minority?

There is no rule in our Senate Rules that compels the minority to attend, and therefore we simply considered, and since they did it out of their own volition spontaneously, they have therefore waived any right. In the voting, they would be considered at the very least to have abstained. So we will go by the rule of the majority, at least those who participated.

On the Cabinet reshuffle

My response here is ‘Why am I not thrilled?”. It is unusual because she is at the end of her term and now she wants a new team. That means that the old team is not working—that is logic. So why is it not working? She should have done that for the earlier part of her term. It speaks of troubled waters. They can’t get along with each other there; that is always the case in Malacañang. Because it is the nerve center they can’t get along with each other, they are always fighting little turf wars. And this is how she decides it. The poor president of our country who is already besieged with the massive effort to lift our economy from an impending morass because of the economic recession in America can’t be bothered with these details. This is the way she calms the waters.

On FVR’s letter praying for Sen. Santiago’s health

Don’t you know that God is very conscious about the source of the prayer? If it comes from a polluted source, God would be very upset. So he should stop praying for me.