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.

MIRIAM SEEKS WB PROBE PAPERS

Sen. Miriam Defensor Santiago, chair of the economic affairs committee, wrote a letter “respectfully requesting” World Bank country director Bert Hofman to give to her committee the documents issued during the probe that led to the blacklisting of three Filipino firms.

Santiago was responding to an online news item alleging that a Japanese contractor, who has since left the country, allegedly linked First Gentleman Miguel Arroyo to the alleged collusion among the three firms.

“The internet news item is hearsay and therefore has no probative value,” said Santiago , a former RTC judge.

Santiago said that she has a copy of the World Bank final report, and that it does not mention the alleged testimony against the First Gentleman.

“In my letter to World Bank Director Hofman, I acknowledged that no Philippine government agency can subpoena the officials or the documents of the Bank. So I appealed to him, in the interest of Philippine public service and our anticorruption campaign, to voluntarily release the documents to the committee,” Santiago said.

The senator said that as much as possible, congressional hearings should abide by the Rules of Court.

“The Rules of Court prohibiting hearsay are mandatory in judicial courts. If a Senate committee endorses to the Ombudsman or to the prosecutors a criminal case based only on hearsay evidence, it will be thrown out,” she said.

Santiago said that under the hearsay rule, a witness can testify only to what he has perceived by his own senses.

“If the World Bank gives me the documents that incriminate the First Gentleman or any other public official, I will immediately set a hearing and invite them. If they don’t appear, I’ll take it a step farther and subpoena them,” she said.

MIRIAM TO OMBUDSMAN: PROBE MELAMINE SMUGGLING

Sen. Miriam Defensor Santiago, vice-chair of the Senate finance committee, asked Ombudsman Merceditas Gutierrez to investigate alleged smuggling of melamine-laced milk from China , and file the proper charges against officials responsible.

“That is part of the Ombudsman’s function of general investigation and monitoring,” she said.

Santiago said that in particular, the Ombudsman should investigate the “apparent complicity or incompetence” of the customs deputy commissioner for enforcement, the chief of the intelligence and investigation services, and the chief of the national customs police.

Santiago issued the instructions during the public hearing on the budget yesterday morning.

She also directed the Ombudsman to provide her with a list of high government officials or highly publicized public figures who have been charged, investigated, and prosecuted.

In the same hearing, Santiago asked Commissioner on Human Rights Leila de Lima to account for cash advances of some P23 million which were unliquidated as of 31 December 2007.

De Lima said that the cash advances included foreign travel, including 12 foreign trips last 2007 by former Com. Purificacion Quisumbing.

Santiago also questioned why there is a provision in the CHR budget of P7 million for subsidies and donations both in 2007 and 2008.

At the same hearing, Santiago asked ARMM Gov. Datu Zaldy Uy Ampatuan to account for unliquidated cash advances, including: P269 million in Basilan; P152 million in Sulu, P800,000 in Lanao del Sur, P31.6 million for Tawi-Tawi; and P78 million in Marawi City.

She asked the ARMM governor to furnish a complete physical inventory of plants, properties, and equipment in connection with which P242 million remains unaccounted for.

Santiago also pointed out that contrary to law, no public bidding was made for office supplies and equipment amounting to P52 million in Lanao del Sur, and amounting to P800 million in Marawi City .

The senator sid that ARMM schools remained the “worst performers” in the National Achievement Test for Grade 6 pupils, and asked the ARMM governor to arrange for construction of new classrooms.

News Release

9 October 2007

MIRIAM TO OMBUDSMAN: FILE COURT CASE AGAINST DE VENECIAS

Sen. Miriam Defensor Santiago, chair of the Senate finance subcommittee, in effect told Ombudsman Merceditas Gutierrez to proceed and file the anti-graft cases in the Sandigan court against the De Venecia father and son.

Santiago effectively made the recommendation during her committee hearing on the budget of the Ombudsman yesterday (Tuesday).

Santiago, a former RTC judge, cited the anti-graft law, Section 5, which provides in part that “it shall be unlawful for any relative within the third civil degree of the Speaker of the House of Representatives to intervene, directly or indirectly, in any business, transaction, contract, or application with the government.”

Santiago further quoted Section 6, which provides in part that it is unlawful for any Congress member during his term “to acquire or receive any personal pecuniary interest in any specific business enterprise which will be directly and particularly favored or benefited by any law or resolution authored by him; or to recommend the initiation in Congress of any such law or resolution.”

Santiago said that apparently, the Ombudsman complaint filed by Atty. Roel Pulido constitutes a prima facie case (meaning, evidence good and sufficient on its face, unless contracted by other evidence), which is the threshold standard for a complaint to be entertained by the Ombudsman.

Santiago added that after the Ombudsman studies the complaint, it appears that there will be probable cause (meaning, a reasonable cause because there is more evidence for the case than against it), which in turn is the threshold standard for filing a case with the Sandigan court.

“As a former judge, I am impressed with Atty. Pulido’s complaint. It meets the two standards of prima facie evidence and of probable cause,” Santiago told media.

The complaint alleged that Joey de Venecia applied for and obtained a congressional franchise for his company, but concealed his own ownership.

The Speaker allegedly knew of his son’s interest in two companies, but concealed this information from the House.

“That the Speaker knew of his son’s business interests which were pending in the House is allegedly supported by the Speaker’s own public statement that his son is ‘the father of broadband in the Philippines,’” she said.

Santiago also said that the Speaker had made a public endorsement of his son’s bid for the broadband project.

The senator also cited her own interpellation during the Senate hearing, when transportation secretary Leandro Mendoza testified that it was the Speaker who organized a breakfast meeting between Mendoza and the son in the Speaker’s house.

“During the Senate hearing, the son admitted under oath that the Speaker similarly organized a breakfast meeting between him and Comelec chair Benjamin Abalos to discuss the ZTE deal,” Santiago said.

The senator added that in the Senate hearing, the son admitted that although his name does not appear in the incorporation papers of both companies, he actually owned or controlled them.

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