Transcript of Sen. Miriam Defensor Santiago’s Interview
17 December 2007

On the case of Jalosjos

This is bizarre. This is highly unusual that there were certain documents purporting to authorize the release of a convict and then the highest authorizing person, the President, denied any veracity to the release of the convict. In the first place, in constitutional terms, the power to extend executive clemency belongs completely to the President and is completely discretionary. If she wants to grant it, she can. If the order has not yet been implemented or executed she can withdraw. But in this case, she President is saying that she never issued an order.

Is issue then is not merely whether his (Jalosjos’) sentence has been commuted, or that he could be released this year or some other time, but where did these documents come from? And if the Presidents says that she never authorized them, then who authorized them? That is fraud on the public, particularly on the prisoner, because his expectations were raised, and that is a very cruel joke to play on somebody.

The issue here is who authorized the documents, because clearly he was acting outside of his jurisdiction. In the second place, if there were signatures on the documents pertaining to the release, then either those signatures were authentic and those who signed are criminally liable for excess or abuse of authority; or, if the signatures were forged, then it was a public forgery, and should therefore investigated by the NBI.

On moving to bypass DOE Sec. Angelo Reyes in the Commission on Appointments

Sen. Jinggoy Estrada and I have jointly signed a letter informing the Senate President that we both intend, in plenary session of the Commission on Appointments, to evoke Section 20 of the CA Rules. On the part of Senator Estrada, [his] basis for the veto will be that when his father was Commander in Chief, Sec. Reyes, who was then AFP Chief of Staff, have broken the chain of command. In my case, I simply believe that he is unfit for the office. I am against this practice of rewarding military officials for breaking the law in favor of one presidential personality against another, rewarding them with a series of government posts for which his educational background or training have never prepared him. I am squarely against the attitude that a military general can be given any civilian position regardless of his background. In government we must giver authority who are capable of assuming the responsibility by, among other things, academic preparation for the subject.

I am an administration senator, but I must take a position on the role of the military in civilian affairs because we have a tendency to glamorize the military as if they are the source of all political knowledge in the country. This is not so. Sovereignty resides in the people, not in the military.

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Press Release

19 July 2007

Miriam to Use CA Veto Vs. Angie

Administration Sen. Miriam Defensor Santiago threatened to use her power of veto in the Commission on Appointments, if Sec. Angelo Reyes does not decline his appointment as energy secretary, in lieu of Sec. Raphael Lotilla.
Santiago blamed Reyes for the “unforgivable fiasco” over plans by a Korean firm to build a tourist spa near Taal volcano in Tagaytay City.

“He halted it, only after media had exposed the brewing environmental scandal. In the language of command responsibility, he knew, or should have known about the controversial application from the very start, but allowed the permit to be issued. Later, when public pressure has already built up, he made a show of canceling the permit,” she said.

Santiago, an awarded graftbuster, said that if Reyes knew of the application, then he should have stopped it earlier. But if he did not know of the application, then he was an incompetent administrator. In either case, he was guilty of a crime against the environment.

“Reyes singularly lacks the background and qualifications for the job. By contrast, Lotilla was one of my best students in UP law, and performed well on his job, which I helped to supervise as chair of the Joint Congressional Power Commission,” Santiago said.

As chair of the Senate energy committee for the last three years, Santiago has also been chair of the bicameral JCPC, also known as Powercom.

“I respectfully submit to President Arroyo that Reyes is simply the wrong, maybe the worst, choice. As an ex-general he has lorded it over the various departments of defense, local governments, and environment without a demonstrably deep grasp of the issues involved in those offices. For him to continue in the cabinet would be to indulge the incompetent,” the senator said.

Santiago disagreed with Executive Secretary Ermita’s statement that Reyes “did good” at the DENR, and his other prior posts.

“If he was doing good in all those departments, why was he kicked around like a political football? It only means he is surplusage in the cabinet. Why is it so important to accommodate him? There are dozens of available younger, brilliant civilians with expertise. Reyes is sentimental bric-a-brac who was washed ashore because of the turbulence of people power,” the senator said.

Santiago questioned the competence of Reyes, an ex-military general, to head the energy department.

“He knows zero about energy. As a lawyer acquainted with energy law, I had to educate myself for three years before I became familiar with this sunrise industry. I don’t recall that Reyes shone as a college student, or that he has the makings of a polymath, a person who knows everything about everything,” said Santiago , who sponsored and defended the complex Bio-Fuels Act in the Senate.

Santiago said she was confident that she will remain as a member of the Commission on Appointments, because of the assurance given by Sen. Manny Villar, who is slated to remain as Senate President, and will thus be ex-oficio CA chair.

“I won’t even bother to grill Reyes in the committee hearing, although I’d love to expose him. I am serving notice that I will invoke Section 20 of the CA Rules, which allows one member to veto any nomination. He is unfit and his latest appointment will send the unfortunate message that the partisan military are automatically entitled to cabinet posts as sinecures. He should only hold a position that calls for military knowledge and training,” Santiago said.

Santiago said she remains an administration ally, but will not hesitate to criticize the Arroyo administration if it is subjected to “unconscionable” pressure.

“I only have three years left in politics. I am going head-to-head against anybody who does not do right by the public. Let the games begin!” the feisty senator said.

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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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