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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Breaking News

12 October 2006

SOLONS SEEK HALT TO POWER PRICE HIKE

Sen. Miriam Defensor Santiago, chair of the Joint Congressional Power Commission (Powercom), said at yesterday’s public hearing (October 12) that the Bicameral Oversight Committee is prepared to “take drastic measures” to stop the anticipated price increase in electricity this coming December.

“If it becomes necessary, we might order a halt to the commercial operation of the Wholesale Electricity Spot Market (WESM),” Santiago said.

However, Santiago cautioned the public to keep an open mind on whether the recent price increases in the third month of the market’s operation is a result of manipulation, or merely “part of the learning curve of the market.”

“It is possible that the government agencies might have lost a lot of money in the first two months of the market, and that is why they try to increase their prices over on the third month,” she said.

Santiago was referring to the Power Sector Assets and Liabilities Management Corp. (PSALM) under President Nieves Osorio, and to the National Power Corp. (Napocor) under President Cyril de Callar.

“It is highly possible that these two agencies were bidding low during the first two months so that their power plants could be dispatched, thus incurring big losses. So in compensation, they might have tried to increase their price offer on the third month, thus causing the spike in prices,” the senator said.

Santiago said that other government agencies might be to blame for the rising prices.

“The Energy Regulatory Commission (ERC) is also suspect, because it has not yet completed the competition rules which have been pending for three years,” she said.

Santiago added that the Philippine Electricity Market Corp. (PEMC) under President Lasse Holopinen is also suspect, because it immediately leaked to the media its investigation about the alleged price manipulation.

“Consistent with market rules, it is correct for PEMC to conduct the investigation through its surveillance committee. But this should have been kept quiet until the findings were conclusive,” Santiago said.

Santiago said the present market problems are partly caused by the failure of Napocor to privatize its Luzon generation assets, which does not even reach five percent, and by the Napocor’s failure to secure bilateral contracts.

“If evidence before the Powercom establishes that there was intentional price manipulation, then we have to punish those responsible. On the other hand, if the unusual price increase was simply part of the learning curve, then the public announcement of the investigation by the market operator would have jeopardized the privatization program under the Epira Law,” she said.

Santiago told media that the main purpose of the hearing was to hear the side of the accuser, PEMC, and the side of the accused, PSALM and NPC.

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Breaking News

10 October 2006

GMA CERTIFIES URGENT ANTI-BILLBOARD BILL

President Gloria Macapagal Arroyo has certified as urgent Senate Bill No. 2482, “An Act Regulating the Placement of Billboard Signs” also known as “The Anti-Billboard Blight Act,” filed and sponsored by Sen. Miriam Defensor Santiago.

Santiago has already delivered the sponsorship speech for the bill, and has requested majority leader Sen. Francis Pangilinan to give it priority in the floor debates when the Senate resumes session on November 6.
“It was force majeure (an act of God) that toppled all those killer billboards. It was the finger of God pointing at crass materialism. It is time to put a stop to worship of the golden calf of corporate greed, and to return to basic community values,” Santiago said.

The senator praised President Arroyo “for her courageous leadership and responsive sensitivity to public outrage and public demand for safety and aesthetics in our highways.”

The Santiago bill places a strict ban on the following billboards, which are prohibited:

• Those that obstruct or obscure the view of vehicular or pedestrian traffic, in such a manner as to endanger their movement;
  
  
• Those that impair any scenic vista from the highway;
  
  
• Those located in residential zones;
  
  
• Those placed on any public property, telephone or utility poles, or natural features such as trees and rocks;
  
  
• Those erected above the roof of any buildings;
  
  
• Those that obstruct the windows or doorways of adjacent buildings.
  

In addition to the ban on certain billboards, the Santiago bill requires 1,000 feet distance of any billboard from any interchange, right-of-way, street intersection, or any of the following: historical site, school, church, hospital, retirement or nursing home, cemetery, governmental building, public parks, playground, recreation areas, and convention centers.

The Santiago bill limits the size of any billboard to 300 sq. ft., and limits the height to 50 ft., measured from ground level to the highest point of the billboard.

Further, the Santiago bill raises the annual fee for a billboard permit for a new construction to P7,500.

The bill orders the DPWH, in coordination with the MMDA, to use the permit fees to conduct a thorough countrywide inventory of all billboards, including plotting the exact location of each sign, and determining whether or not each sign has a valid permit from the DPWH, MMDA, or any local government agency.

The bill allows the Department of Tourism to construct official business directional signs, but requires DOT to consult with scenic conservation groups, so that the billboards will not have a deleterious impact on the traveling public.

The bill will become effective 15 days after publication.

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Breaking News

8 October 2006

MIRIAM THREATENS JAIL FOR ILLEGAL BILLBOARD ALLIES

Sen. Miriam Defensor Santiago, chair of the Senate subcommittee on billboards, warned policemen and other public officers that under the Penal Code, it is a crime to meddle in the dismantling of illegal billboards or to otherwise protect existing illegal billboards.

Santiago called on PNP Chief Oscar Calderon, MMDA chair Bayani Fernando, and all Metro Manila mayors to warn their subordinates that the Penal Code criminalizes negligence and tolerance in the commission of offenses, such as the erection of billboards constituting public nuisance.

Santiago, a former RTC judge, cited the Penal Code, Article 208, imposing a penalty of imprisonment and suspension “upon any public officers or officer of the law who, in the dereliction of the duties of his office, shall maliciously refrain from instituting prosecution for the punishment of violators of the law, or shall tolerate the commission of offenses.”

Santiago said that the penalty of imprisonment for this crime can be as long as two years and four months; and the penalty of suspension can be as long as six years.

Santiago said she was reacting to news received in her Senate office that DPWH personnel implementing Pres. Arroyo’s recent Administrative Order No. 160 ordering the dismantling or abatement of hazardous billboards, have been reportedly subjected to grave threats by people seeking to protect giant billboards which fell during the recent typhoon.

“I understand that these self-appointed guardians of giant billboards are using the names of Metro Manila mayors, such as Mayor Binay, to claim that the mayor’s office has prohibited the abatement of illegal billboards. I prefer to think that is not true,” Santiago said.

Santiago, a legal luminary, said that any policeman or public officer faces prosecution in the Ombudsman for the crime known as negligence and tolerance, if the offender acts with malicious and deliberate intent to favor the illegal billboard owner and its advertising agency.

“If the policeman or public officer has the duty of prosecuting the billboard offender and instead assists in the maintenance of hazardous billboards, the policeman becomes liable as a principal in the criminal dereliction of duty in the prosecution of offenses. In that case, the public officer is not merely an accessory but a principal,” Santiago said.

Santiago scoffed at arguments of certain advertisers that taking down the giant billboards will deprive some people of income and employment.

“If that is the case, then we should not criminalize theft or robbery, because that also deprives thieves and robbers of employment and income,” she said.

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Breaking News

7 October 2006

MIRIAM ORDERS BICAMERAL PROBE OF BILLION-PESO POWER MARKET

Sen. Miriam Defensor Santiago, chair of the bicameral Joint Congressional Power Commission or Powercom, said the oversight commission will meet next week, October 12, Thursday afternoon, to investigate charges of alleged price manipulation that allegedly caused sudden spikes in Luzon power bills.

Santiago also raised the alarm that the Power Sector Assets Liabilities and Management Corp. (PSALM), and National Power Corp. (NPC) might be losing billions of pesos in the spot market.

“We in government must act very fast because investor confidence in privatization, as well as public trust in the spot market as a device for bringing down power prices, are both hemorrhaging,” the senator said.

Santiago said that “there is cause for concern” over escalating prices in the Philippine wholesale electricity spot market, known as WESM.

“In the first trading month which was June, biddings resulted in an average price of P2.72 per kiloWatt hour (kWh), in the second month it rose again, and now in the third month it is P4.853 per kWh. This is unreasonably high,” Santiago said.
Santiago said the Powercom probe will focus on PSALM which owns the NPC power plants and is the de facto administrator of all NPC power plants.

“PSALM is the dominant market player, because it controls at least 50 percent of Luzon generation capacity,” the senator said.

At a Powercom hearing last August, Santiago had already raised the issue that NPC might be losing a lot of money, since it generates power at P5 per kWh, but sold it in the spot market at only P2.72 per kWh in the first month.

At that meeting two months ago, Santiago had already noted for the record that: “If the average price of generation is used as indicator of the real market price, then we can conclude that NPC’s generation cost is really high.”

Santiago said the fears raised over possible price manipulation in the market are “well-founded.”

“PSALM has market power, and may have been tempted to manipulate spot prices. But – and this is a big but – there are also other market players who might be engaged in so-called ‘gaming,’ because they know that NPC / PSALM might have been losing billions in the spot market,” Santiago said.

The senator said that there are several factors which influence spot prices, notably the cost of producing electricity, which varies from one electric plant to another.

Santiago said the focus of the Powercom probe will be PSALM’s trading decisions in the last month.

“We need to act very fast, because this allegation of price manipulation in the spot market tends to erode investor confidence in the privatization of the power sector,” she said.

The senator said it is “premature” to order the temporary suspension of WESM as called for by certain business leaders.

“Under the Rules of Court, PSALM and DOE are entitled to the presumption that official duty has been regularly performed. It is for the Powercom hearing to determine whether there is evidence to overthrow this presumption.” Santiago said.

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Breaking News

4 October 2006

ANOREXIA STUMPS MIRIAM’S DOCTORS

Doctors express concern the Sen. Miriam Defensor Santiago, who has been diagnosed with anorexia, continue to lose weight.

From 160 lbs. in June, the senator is now down to 135 lbs., and her weight continues to fall, she told senate media.

Concern also been expressed by her colleagues, who often mistakes her illness for anorexia nervosa, which has been proved to be fatal in many cases.

Santiago continues on sick leave from the Senate, but she attends session when her presence is indispensable.

For example, she delivered a sponsorship speech for her billboard ban act, and recently presided at a committee hearing of the Commission on Appointments which saw the confirmation of 31 career diplomats.

Santiago said that her doctors, despite extensive laboratory test, have been unable to locate the source of her loss of appetite.

Her doctors, all internist; Dr. Esperanza Cabral, who specializes in cardiology, Dr. Mejia, who specializes in kidney, and Dr. Nicolas, who specializes in gastrointestinal cases.

Santiago said that Pres. Arroyo has nominated her for the post of Rector of the United Nations University at Tokyo, and she has been shortlisted, but might not be able to attend the required interview in Geneva at the end of the month.

“I specialize in international law, and would have wanted to return through the UN where I served when I was younger. But it seems like I will be too weak to travel and to submit to an extensive interview by the end of the month. I have requested for a waiver, but will have to abide by the consequences. I am very distressed that I might have to give this post a miss,” Santiago said.

The senator added that when the Senate break begins in October 14, she will likely fly for diagnosis to Cedars Sinai in Los Angeles where her sister works as a doctor.

“I feel like I am going, going, and soon be gone. Just call me the disappearing senator,” Santiago quipped.

She said that her anorexia which has caused her to lose 25 lbs. in four months is rendering her physically weak and dizzy.

“I have been so athletic in my life that my problem is not only medical but also attitudinal. I am very frustrated that I cannot even workout in my own home gym,” she said.

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Breaking News

27 September 2006

MIRIAM CALLS FOR SENATE PROBE ON UP ADMIN-COLLEGIAN ROW

Senator Miriam Defensor Santiago today filed a Resolution calling for an investigation of the standoff between the editorial board of the Philippine Collegian and the University of the Philippines administration that has resulted in the discontinued publication of the Collegian.

The Collegian has failed to publish its weekly issue for a month now allegedly due to the refusal of UP officials to release its printing funds. UP officials reportedly insist that a public bidding for the selection of a printing press for the Collegian be held first before any publication funds can be released.

According to the senator, she filed the Resolution because she is “very interested” in the fate of the Collegian. Santiago was the first female editor in chief of the Collegian in 1968. The chief of her media bureau, Jeanie Bacong, was also an editor in chief of the Collegian.

As Collegian editor in chief, Santiago objected to Philippine military participation in the war in Vietnam, and exposed UP involvement with the Dow Chemical Company in Vietnam-related chemical weapons research. Based on purloined university documents given to her secretly "in the dead of night," her editorial, "Dow is Here," revealed that the company had leased research facilities at the UP College of Agriculture at Los Baños. The editorial was reprinted verbatim in a popular Manila daily.
Embarrassed, then UP President Carlos Romulo tried to persuade her to reveal her midnight source, but she refused.

In her Resolution, Santiago said that given the clear policy of Republic Act No. 7079, or the Campus Journalism Act of 1991, to protect the freedom of the press at the campus level and to promote the development and growth of campus journalism in the country, the fiscal autonomy of student publications must be recognized and upheld.

At the same time, she said, disbursements of student publication funds must be made according to proper accounting and auditing guidelines to guard against corruption and misfeasance.

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Breaking News

26 September 2006

MIRIAM: SC WILL VOID PEOPLE’S INITIATIVE

Sen. Miriam Defensor Santiago, a constitutional law expert, shocked administration stalwarts by predicting that the Supreme Court will declare “unconstitutional for lack of legal basis” the people’s initiative for charter change, which she called “dead on arrival.”

“Using the words of an old decision, the people’s initiative petition is a patent illegality which, when it rears its ugly head, should be slain on sight,” Santiago said.

The senator said that the present people’s initiative is illegal on three grounds: it defies judicial precedent; it is not limited to an amendment but constitutes a revision which is prohibited by the present charter; and it has no budgetary appropriation for the necessary plebiscite.

“The first fatal flaw of the people’s initiative is that it defies the Supreme Court ruling in the 1997 case of Defensor Santiago v. Comelec, where the Court required that there should first be a law passed by Congress providing for a people’s initiative on charter change,” said Santiago.

Congress until now has failed to act on the bill filed by Santiago, who won the 1997 case by personally arguing it in the Supreme Court.

To support her first argument, Santiago cited the legal principle stare decisis et non quieta movere, which means to adhere to judicial precedents, or prior decided cases.

“According to the doctrine of stare decisis, when the court has once laid down a principle of law as applicable to a certain state of facts, it will adhere to that principle and apply it to all future cases, where the facts are substantially the same, regardless of whether the parties are the same. The facts are the same: there is still no law passed by Congress for a people’s initiative on charter change,” Santiago said.

The senator said that a split vote in the Supreme Court is not a ground for disturbing a precedent.

“Defensor Santiago v. Comelec is an authority or binding precedent in the Supreme Court, because the very point is again in controversy. The split voting is immaterial. This doctrine is grounded on the theory that security and certainty require that an accepted and established legal principle should be followed. The Supreme Court should not depart from precedent,” she said.

To support her second argument, Santiago said that the Constitution explicitly limits a people’s initiative to an amendment of the Constitution, which necessarily excludes the power to revise the charter.

“The present proposal of certain talkative administration stalwarts constitutes an entire revision and is not a mere amendment. It will replace our presidential with a parliamentary system. It will abolish the Senate and create a unicameral parliament. It will transfer executive powers from a nationally elected president to a prime minister elected by members of parliament. These measures together constitute a revision and not a mere amendment,” she said.

“The people’s initiative advocates are long on enthusiasm but short on law. They are also very economical with the legal truth,” she scoffed.

To support her third argument, Santiago said that the Constitution requires that even if the people’s initiative is upheld by the Supreme Court, there should still be a plebiscite, which has to be supported by a budgetary appropriation.

“Assuming that the plebiscite is held next year, then there should be an appropriation for it in the 2007 budget, which Congress is now debating. But there is no such provision, and the Senate will never approve it,” said Santiago, who is also vice-chair of the Senate finance committee.

Santiago said that after reading the “gushing, puerile, and unintelligent” press releases by people’s initiative advocates, she “could no longer hold my peace and started to boil over” and would have wanted to argue personally in the Supreme Court against the petition, but is prevented by illness.

The senator underwent endoscopy at the Philippine General Hospital last Monday, and is scheduled for a CAT scan this Friday, because of anorexia apparently caused by an ulcer.

Her staff said Santiago plans to attend Senate session on Monday next week.

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Breaking News

25 September 2006

ROMULO PUSHED FOR ANNAN U.N. POST

Sen. Miriam Defensor Santiago, chair of the Senate foreign relations committee, said she recommended to President Arroyo the nomination of Foreign Affairs Secretary Alberto Romulo for United Nation secretary general, a post that will be vacated by Kofi Annan by December 31 this year.

“By tradition, in 2007 it becomes the turn of an Asian to be secretary general. So far, the Asian field of candidates is considered weak,” said Santiago, a former UN officer in Geneva.

Santiago said that although the Asian bloc of countries had initially committed itself to support the Thai candidate, the recent coup d’etat has made the Thai candidacy problematic.

“Straw votes are being conducted, with results that are not convincing to UN observers. If we are going to have an Asian secretary general at all, why not a Filipino?” Santiago said.

The senator said that it is essential for a candidate to have the support of both China and the United States.

“Sec. Romulo appears to be acceptable to both Beijing and Washington. I think in his case France will be willing to waive the French requirement that the nominee should be French speaking,” she said.

Santiago said President Arroyo was amenable to the Romulo nomination during the Friday meeting between the senator and the President in Malacañang.

“In fact, the ideal candidate would be President Arroyo herself, because the widespread call is for a first female secretary general. Being an incumbent president and chair of the ASEAN, she would be the most highly qualified among any female candidate. There is even no qualified female candidate at present,” Santiago said.

However, the senator added that President Arroyo did not appear interested, at which point Santiago recommended instead Sec. Romulo.

“President Arroyo said that if the idea is attractive to Sec. Romulo, then the Philippines could start a serious campaign. It is timely, because early birds in the nomination process are usually overtaken by a dark horse,” she said.

Santiago expressed the hope that other Filipinos who have floated their own candidacies but have not yet received formal support from President Arroyo, would instead unite behind the nomination of Sec. Romulo.

“After all, Romulo is the incumbent foreign affairs secretary, a former presidential executive secretary, and a former senator. Among Asian candidates, he would probably be the most acceptable to the permanent members of the Security Council,” Santiago said.

Santiago pointed to the example of outgoing UN secretary general Kofi Annan, a UN bureaucrat who rose through the ranks, and was not even considered a serious candidate until the last few weeks of the negotiations.

“It would be a great honor and a source of prestige for our country if a Filipino is elected secretary general. It is a position of global leadership,” Santiago said.

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