MIRIAM SAYS COURT CASE NEEDED BEFORE EXTRADITION
20 April 1999

Sen. Miriam Defensor Santiago said that a regional trial court will first have to hear and decide the extradition case against Mark Jimenez before he can be extradited to the United States.

Jimenez is reported to be the subject of an impending request for extradition from the United States government.

He was allegedly indicted in the US on 47 counts of conspiracy, fraud, tax evasion, and illegal campaign contributions to Democratic Party candidates.

Santiago, a former UP professor of international law, pointed out that the government has to follow the procedure under the Philippine extradition law (PD No. 1069).

She said that under local extradition law, US Ambassador Thomas Hubbard has to make a formal request to foreign affairs secretary Domingo Siazon, Jr.

In turn, Siazon has to forward the request, with related documents, to justice secretary Serafin Cuevas.

Then a justice department attorney has to file a written petition with the RTC.

The RTC will then have to hear and decide the case.

If the court decides to grant extradition, the accused has a right to appeal to the Court of Appeals.

It is only after the Court of Appeals decision that Jimenez could be placed at the disposal of the US authorities.

“It’s a long process, and the only way Jimenez could be arrested now, is if the US makes a formal request for provisional arrest,” she said.

Santiago said Amb. Hubbard would have to send the request for provisional arrest to  NBI Director Santiago Toledo.

She added that a request for provisional arrest will be granted only in case of urgency, and the burden of proof will be on the  US government.

“The US faces a tough time in court because of three things -- the dual criminality approach, the discretionary powers of the Philippine president, and the rule of speciality,” she said.

Santiago explained that the “dual criminality approach” requires that the extraditable offense should be punishable under the laws of both the US and the Philippines.

She also explained that the discretionary powers of the Philippine president means that the president, acting through the justice secretary, has the power to decide whether the request fails to meet the requirements of the Philippine extradition law and the RP-US Extradition Treaty of 1995.

Santiago further explained that under the rule of speciality, Jimenez may not be detained, tried, or punished, in the US except for the offense for which extradition has been granted.

Additionally, Santiago said that the US might find it difficult to win the extradition case against Jimenez, if Jimenez invokes the political offense exception.

The senator pointed out that if Pres. Estrada, acting through the justice secretary, determines that the request is politically motivated, then extradition shall not be granted.

MIRIAM:  RAMOS VIOLATED CHARTER
19 April 1999

Sen. Miriam Defensor Santiago said the “smoking gun” in the proposed criminal case against former president Fidel Ramos is the memorandum dated February 27, 1997 where Ramos directed the executive departments to support from their 1997 budgets the centennial celebration project.

Santiago delivered a privilege speech yesterday (April 19) analyzing under the Constitution, the criminal liability of Ramos and five of his cabinet secretaries for authorizing the release of P7 billion to propagandize the centennial celebrations.

Santiago said the Constitution authorizes the transfer of appropriations, also known as fund juggling.

But the senator emphasized that the charter imposes two conditions for fund juggling.

The first condition is, that the transfer of appropriations should only be an augmentation.

The second condition is, that the transfer should come from savings.

Santiago charged that Ramos failed to comply with the conditions of augmentation.

She said the budget defines augmentation as meaning that beforehand, there is already an item with its own appropriation.

“There was no appropriated item for the centennial celebrations, and therefore the transfer was illegal,” she said.

Santiago also said the law prohibits augmentation of a “non-existent” item.

In addition, Santiago said that there were no savings that could be transferred, because in 1998, almost all agencies under the Ramos administration registered respective “amounts payable” ranging from tens to hundreds of millions of pesos.

“When the government agencies under Ramos registered amounts payable, this means that the agencies incurred obligations which they failed to pay in 1998 for lack of funds.  Therefore, there were no savings, and the transfer was illegal,” she said.

Further, Santiago pointed out the legal requirement that in case of savings, priority shall be given to the augmentation of personnel benefits.

“Assuming for the sake of argument that there were savings, the law provides that the savings should be spent for personnel benefits first, before it can be spent for other projects such as the centennial celebrations,” she said.

Santiago said that during the Ramos administration, government agencies failed to pay mandatory bonuses  and other emoluments to government employees, because the money was diverted to the centennial projects.

Santiago said it was “truly criminal” that because of the centennial projects, the DECS failed to give in full the amelioration allowance of teachers.

During her legal discussion, Santiago cited the 1987 case of Demetria v. Alba, where the decision was written by then justice, now Senate president, Marcelo Fernan.

Santiago said that the ruling case law is the 1994 case of Philconsa v. Enriquez.

Under the Philconsa ruling, Santiago said that there are two requirements before the law will allow a realignment.

The first requirement is, that the funds to be transferred are actually savings in the items of expenditures from which the funds are to be taken.

The second requirement is, that the transfer should be for the purpose of augmenting the items of expenditures.

Santiago also cited the recent 1997 case of Clinton v. Jones, where the US Supreme Court ruled that a sitting American president is liable to a suit for damages.

“If an incumbent president is liable to a civil suit, with more reason a person who is no longer president is also civilly liable,” she said.

Santiago also pointed out that the chief executive does not have immunity from criminal prosecution, if his action was “beyond the scope of his authority or jurisdiction.”

Santiago cited the 1993 case of US v. Reyes, where the Philippine Supreme Court said that when the public official acts in excess of the powers vested in him, there is no immunity from suit.

Santiago challenged the critics of Senate Committee Report No. 30 -- recommending criminal prosecution of Ramos and his cabinet secretaries -- to debate the legal issue, and not to engage in personalities.

Sen. Miriam Defensor Santiago wants to limit the showing of violent programs on television and cable during hours when children are likely to comprise a substantial portion of the audience.

Santiago filed Senate Bill No. 1373 or the “Children’s Protection from Violent Programming Act” which directs the National Telecommunications Commission to first define the terms “violent video programming” and  “hours when children form a large share of the audience.”

“There is a compelling governmental interest in limiting the negative influences of violent video programming on children,” she explained.  “Television influences children’s perception of the values and behavior that are common and acceptable in society.”

According to Santiago, restricting the hours when violent video programming is shown is a valid exercise of police power of the State and it is the least restrictive and most tailored means to achieve that compelling governmental interest.

“Warning labels about the violent content of video programming will not, in themselves, prevent children from watching violent video programming,” she said.

Santiago did not identify specific programs which may be considered violent.  She earlier proposed a similar measure for computer games, calling for the establishment of a classification and rating board solely for interactive games.

Santiago reiterated that there is empirical evidence which shows that children who are exposed to violent video programming at a young age have a higher tendency for violent and aggressive behavior later in life than those children not so exposed.

She stressed that the bill does not include newscasts, news interviews, news documentaries and on-the-spot coverage of news events, and pay-per-view cable programming.

Violators will pay a fine of P200,000.00 and possible revocation of license.

MIRIAM WANTS CONSTRUCTION OF SC ANNEX BUILDING HALTED
15 April 1999

Sen. Miriam Defensor Santiago yesterday directed the Senate blue ribbon committee to investigate the anomalous bidding for the contract to build the Supreme Court Annex building wherein which the government stands to lose millions of pesos.

Santiago also called for the suspension of the construction of the building until the Senate blue ribbon committee wraps up its probe on the alleged misuse of public funds when the contract to build the SC Annex building was reportedly awarded to the third lowest bidder.

“The government stands to lose P38 million which is the difference between the lowest bid the third lowest bid,” she said.

Santiago urged the committee to identify the people behind this favored “third lowest bidder” and find out why the award of the contact to the third lowest bidder was allegedly “rushed” shortly before the appointment of a new Chief Justice.

She also pressed the committee to determine whether the “technical defect” in the bids of the lowest and the second lowest bidders were substantial enough as to ignore a loss of P38 million to the government.

“Was this allegedly a ‘midnight award’?” Santiago asked.  “The construction of the building should not go on until these questions are sufficiently answered.”

JUN SANTIAGO IS UNDERSECRETARY FOR LOCAL GOVERNMENT
13 April 1999

Sportsman and businessman Narciso Yap Santiago, Jr. took his oath before Pres. Estrada as DILG undersecretary for local government yesterday afternoon (April 13).

It turned out to be a birthday present for Santiago, who turned 54 yesterday (April 13).

Santiago later hosted a dinner party with the president as guest of honor, attended by cabinet members and other high public officials.

Santiago, a native of Tarlac, is married to Sen. Miriam Defensor Santiago, who hails from Iloilo City.

The couple met at the UP college of law, where they both belonged to Class 69, although in different class sections.

When Mrs. Santiago was agrarian reform secretary, one of the Tarlac haciendas turned over to the government was some 100 hectares belonging to Mr. Santiago’s landowning family.

The case of the Santiago couple, who are now both in high government positions, is similar to the case in the United States of the Dole couple, who also held high positions at the same time.

Robert Dole was a senator and a former presidential candidate, while Elizabeth Dole was a cabinet member and is a rumored future presidential candidate.

Santiago finished Bachelor of Arts and Bachelor of Laws, both from the University of the Philippines.

After graduation, he worked as technical assistant to then Rep. Jose V. Yap, his cousin.

In the customs bureau, he rose from the ranks to the position of customs collector, and chief of the piers and investigation division.

He resigned in 1992 to manage his wife’s presidential campaign.

Santiago is president of Narsan Inc., which manages urban development projects, a security agency, and sports promotions.

He is an accomplished sportsman, having won two back-to-back international championships in cockfighting.

He is secretary-general of the National Cockers Association, where he twice won the coveted titled Cocker of the Year.

MIRIAM TRAINS FUTURE SENATORS
10 April 1999

Sen. Miriam Defensor Santiago is taking on a new role this summer.  She will oversee the training of 51 young college students to become the country’s future outstanding senators.

Santiago has taken the lead in opening the doors for students who want to have an inside view of the workings at the Senate and learn the ropes on how to become effective legislators.

Santiago’s student internship program called Summer sa Senado shall begin next week with participants coming from different schools of the country.

“Today’s youth are tomorrow’s leaders.  I would like them to take an active part in shaping the country’s national policies by encouraging them to participate actively in the legislative process,” she said.

Miriam College is sending its top 25 students who are taking up international studies to Santiago’s internship program, making them the biggest delegation.  A student from Cotabato City’s De la Vida College made it to the final list of participants.

Nine students from De La Salle University are participating in the intensive summer workshop.  Half of them consistently made it to the Dean’s List, and one student is hearing-impaired.  Santiago said her staff is arranging for an interpreter to aid the hearing-impaired student.

“Even marginal groups can have their voices heard in Congress through the Party-List Law. It is important that we learn to communicate and work with differently-abled colleagues, whether it be in the training ground or in the halls of Congress.  As early as now, their young members should be exposed to and trained for all eventualities in legislative work,” she said.

Santiago’s program shall cover the history, organization, functions and powers of the Senate.  It will also include bill drafting. The interns shall be asked to craft their own bills and resolutions at the end of their training.

“In school, students only learn that the legislative branch of government is responsible in crafting laws.  But information on the legislative process comes in trickles,” she said.  “The attention is mostly on Senate investigations in aid of legislation and senators’ reactions to the day’s hottest news items.”

The other participants come from UP, Ateneo, Adamson, Arellano, PUP, College of Holy Spirit, Philippine Normal College, Central College of the Philippines, and STI.  Their courses vary from political science to computer science.

LITTLE MIRIAMS” TO FLOCK THE SENATE
15 April 1999

Sen. Miriam Defensor Santiago yesterday said the country is bound to have more women leaders in government in the future as young female students continue to excel in their fields such as PMA valedictorian Arlyn de la Cruz and bar topnotcher Janet Abuel.

Santiago is wasting no time in training tomorrow’s possible senators as she took the initiative in implementing an intensive internship program for college students beginning April 13.

Women power is undoubtedly on the rise.  There are 45 female students who are participating in Santiago’s internship program, compared to only six male students.

Santiago added that this is a welcome development since studies have shown that women are less prone to graft and corruption since they are harder to bribe.  She said that women are also more sensitive to the needs of the people.

This is a positive sign that women are taking an active part in shaping the country’s future.  We can expect that the number of women leaders tomorrow shall be twice the number we have today,” she said.

Based on the list of participants in Santiago’s program, Miriam College has the most number of participants.  It is sending its top 25 students in international studies to get a front view of the workings at the Senate.

Five students from Santiago’s alma mater, the University of the Philippines, are eager to know more about the Senate at work.

Santiago’s invitation drew different types of students.  Four of the nine participants from De La Salle University are taking up computer science course, which interestingly is quite far from legislative work.

One La Sallian participant is deaf.  The lady solon’s staff is currently scouting for an interpreter who would be able to help the young student.

It is inspiring to know that a young boy whose hearing is impaired would like to participate in legislative training.  He can be a future representative of his district or be a Party-List representative,” she said.

At the end of the course, the participants are expected to present their own bills and resolutions after a series of lectures on bill drafting, the powers and the functions of the Senate.

They shall also have their own graduation rites in which outstanding interns shall be awarded.  The other participants hail from Ateneo, Adamson, Arellano, College of Holy Spirit, Central Colleges of the Philippines, PUP, Philippine Normal College, STI, and Cotabato City’s De La Vida College.