1998 Press Releases can be found at the Archive Section.
MIRIAM
TOPS SENATE BILLS AND RESOLUTIONS (1 Dec 1999)
MIRIAM
TOPS SENATE BILLS AND RESOLUTIONS
1 December
1999
Sen.
Miriam Defensor Santiago may be adjudged as the most prolific senator
for having filed the most number of bills and resolutions in the Senate
since the 11th Congress began in July 1998.
Based on a report by the Senate Indexing and Monitoring Section, Santiago
filed 390 bills and resolutions or 11.65 percent of the total 3,345 bills
and resolutions filed by all senators.
Santiago is the principal author of 279 bills, representing 15.09 percent
of the total 1,848 bills filed by senators, excluding those with co-authors.
Likewise, Santiago introduced 87 resolutions, or 13.46 percent of the
total 646 resolutions filed so far.
Santiago also filed the most number of bills and resolutions last year.
She was followed by Senators Sergio Osmeņa, 290; Vicente Sotto III, 255;
and Juan Flavier, 253 bills and resolutions.
Santiago's bill mandating the use of seat belts in public and private
vehicles was passed into law this year. It will implemented in full force
next year.
Santiago solidified her lead despite a hectic year that saw her launch
six new law books, fight graft and corruption in the Department of Interior
and Local Government, and initiate the first legislative training program
for students called Summer sa Senado.
She also called for the immediate passage of her S.B. No. 698 or the "Marine
Casualties Reporting Act" following the tragic sinking of MV Asia South
Korea.
Santiago's bill seeks to enforce mandatory reporting of casualties of
common carriers, particularly with respect to marine transportation.
In the Philippines, Santiago noted that marine accidents are considered
ordinary occurrences notwithstanding their pernicious effects such as
loss of lives and properties. In an archipelago like the Philippines,
interisland travel is frequent and requires strict monitoring.
"It is quite ironic that there is no mandatory reporting of marine casualties
to determine the loss of lives and properties resulting from such accidents
which should be the basis of the victims in their claim for injury and
damages," she said.
Under the bill, the Department of Transportation and Communications shall
prescribe regulations on marine casualties, particularly deaths or injuries
of individuals, loss of property, damages, and significant harm to the
environment.
MIRIAM
SLAMS "END OF DAYS" US REPORT
1
December 1999
Sen. Miriam Defensor Santiago charged with "political imperialism" the
US firm Stratfor, Inc. for predicting that Pres. Estrada might leave office
before six years.
"How much information did that US firm have? I am a senator faithfully
attending Senate sessions and interacting with representatives, but I
have heard no such thing in serious political circles. I deliver speeches
about three times a week in various cities, and I have heard no such talk
either," she said.
Santiago warned that public thinking goes through three stages: vague
beginning, turbulent middle, and conclusive end.
"At best, the 'end of days' scenario is only at the 'vague beginning'
stage. As far as I am concerned, it's a joke," she said.
The lady senator also stressed that it is impossible for a foreign firm
to gauge if a Filipino's convictions are firm because Filipinos, like
most Asians, do not reveal their firm convictions to strangers.
"That US report is not even a snapshot in time. It is destructive speculation,
and does not speak well of the credentials of a political intelligence
firm," she said.
Santiago pointed out that when Ramos won as president and Estrada as vice
president in 1992 and 1998 elections, Estrada won by a landslide, while
Ramos won by an extremely narrow margin.
"Ramos and his boys are still hurting from the way Estrada trounced them
in the 1992 and 1998 elections. Perhaps this explains the whispering campaign
against Estrada which has now enlisted foreign analysts," she said.
MIRIAM
SAYS SEATTLE "WAKE-UP CALL" FOR LABOR
2
December 1999
Sen.
Miriam Defensor Santiago, a member of the Philippine Labor Commission,
urged Pres. Estrada to ensure that Filipino workers' rights are protected
at the new round of trade negotiations next year under the World Trade
Organization.
"The mass protests at the Seattle conference should serve as a wake-up
call for our government. We should not always toe the American line, if
it will hurt workers in our own country," she said.
Santiago, a lawyer and author of textbooks in international relations
and international law, said that the Philippine delegation to the WTO
talks next year should oppose the US proposal to create a panel on labor
issues.
"The US insistence on alleged worker safeguards is actually a ploy to
protect workers in the US and other developed states. The Laborcom should
beware of this ploy," she said.
Santiago said that at a recent Laborcom meeting attended by senators and
representatives, she successfully proposed that Laborcom should be represented
in the Philippine delegation to the WTO talks next year.
"As a Laborcom member, I shall propose a new Labor Code that will protect
the competitive advantages of lower wage scales in our country. I will
oppose any protectionist move, in any guise, made by developed states
led by the US, Canada, Europe, and Japan," she said.
Santiago said that the Philippine delegation to the WTO conferences should
not be limited to members of the executive branch, such as foreign affairs
and labor officials, but also members of the legislative branch, particularly
the Laborcom.
Laborcom, composed of senators and representatives, is a bicameral group
created by law to write a new Labor Code, after holding public hearings
scheduled next year throughout the country.
Santiago said that the Philippine delegation to the WTO should oppose
moves by the US and Europe to link minimum labor standards to trade.
"The official Philippine position should be to oppose a world trade regime
that includes the labor and environmental standards advocated by rich
countries. That is a tactic to make rich countries richer at our expense,"
she said.
Santiago advocates "special and differential treatment" for developing
states like the Philippines at the WTO talks.
- End -
MIRIAM:
BUDGET DEFICIT WILL LEAD TO P65 B FOREIGN DEBT
4
December 1999
Sen.
Miriam Defensor Santiago said she will question the P65 billion foreign
debt that the government will incur if the P651 billion budget for 2000
is not cut, during the Senate budget debate that begins today (Monday).
"The latest actual deficit is P96.8 billion from January to October this
year. The deficit will be P65 billion next year. That means the government
will be forced to borrow from the World Bank, Asian Development Bank,
or Japan," she said.
Santiago warned that the deficit is now unmanageable, because cash balances
in the Treasury will soon be exhausted, and the government will be forced
to borrow next year.
Santiago said that part of the deficit will go to "hush-hush" payments
to oil companies, which will reach P2.4 billion for this year alone.
"The public should be aware that this huge payment to oil companies might
be unconstitutional, because Congress did not include this item in the
1999 budget, and therefore there was no legal basis for the P2.4 billion
payment," she said.
The payments were made under the oil deregulation law, which authorizes
payments to the Oil Price Stabilization Fund for oil companies, provided
Congress has included an appropriation in the budget.
Santiago also asked Pres. Estrada to replace BIR commissioner Beethoven
Rualo and customs commissioner Nelson Tan, for poor collection performance
that she said led to the actual deficit of P96.8 billion from January
to October this year.
"Revenue shortfalls are the real culprit for the uncontrollable rise in
the government deficit. This was largely due to extremely poor collection
performance by the BIR and Customs," she said.
Santiago said the shortfall in revenues is P20.9 billion, while the shortfall
in taxes is P24 billion, and the total shortfalls could be more than double
by the end of this year.
She debunked as "lame excuses" the claim that the budget deficit was caused
by pump priming, payment of accounts payable, or sluggishness of the economy.
"The deficit was chiefly caused by rampant graft and corruption in the
form of non-collection of revenues and taxes," she insisted.
Santiago pointed out that if graft and corruption continues to hound the
BIR and customs, the budget deficit next year will amount to P65 billion,
and the government will be forced to borrow in order to finance the budget
gap.
The lady senator said the budget is bloated by the inclusion of over P30.763
billion for pork barrel, which is almost equally divided between Congress
and Malacaņang.
"Not only senators and representatives, but also some cabinet members
and regional directors will get lucky next year. To each his own pork
barrel," she said.
She said the total Congress pork barrel is at least P15.8 billion, mainly
consisting of P7.148 billion under the Priority Development Assistance
Fund, P2.5 billion under the DECS schoolbuilding program, and P6.152 billion
under the DPWH local infrastructure projects.
Santiago said that the Malacaņang pork barrel is at least P14.963 billion,
mainly consisting of P2.096 billion under DPWH projects, P8.604.5 billion
under the agriculture and fisheries modernization program, P3.342 billion
for calamity and contingent funds, and P920.9 million for confidential
and intelligence funds.
The lady senator said she defines "pork barrel" as "lump sum funds to
be allocated at the discretion of the President or Congress."
Santiago also attacked the appropriation of P920.90 million for confidential
and intelligence expenses for the following: Office of the President,
P729 million; DILG, P122.6 million; and DND P69.3 million.
"Why does the DILG have a much bigger intelligence fund than the armed
forces and the entire defense department combined?" she asked.
Santiago said the Office of the President obtained huge increases in allocation
totaling P3.342 billion for calamity and contingent funds.
"Why P3 billion for calamity and contingent funds next year? This year
it was only P1.8 billion. There is no apparent reason for the increase,"
she said.
Santiago also questioned the announcement by the Palace of a 10 percent
increase in the salaries of government personnel effective this coming
January.
"The budget does not contain a provision for the 10 percent salary increase
until October next year. In other words, there is no funding for salary
increase from January to September next year," she said.
Santiago also expressed doubt that the administration will trim expenses,
because the budget contains an appropriation of P896.4 million under an
item called "Organizational Adjustment Fund."
"Why spend nearly P900 million for new governmental organizations or new
units? This is not streamlining, this is political patronage," she said.
- End -
SANDIGAN
ACQUITS MIRIAM IN ALIEN AMNESTY CASE
6
December 1999
The Sandiganbayan First Division in a 23-page decision acquitted Sen.
Miriam Defensor Santiago of a graft charge stemming from the 1988 alien
legalization program, when she was immigration commissioner.
"The prosecution failed to prove its essential allegation that accused
Santiago, in approving the application for legalization of the subject
unqualified aliens, had acted with 'evident bad faith' or 'manifest partiality.'
The accused should, as a matter of course, be acquitted," the Sandigan
ruled.
Ironically, the alien amnesty program which was the basis for the criminal
case, was also the very same basis for the Asian Nobel Prize, known as
the Magsaysay Award, given to Santiago in 1988.
The acquittal verdict was handed down, after the Supreme Court last March
ordered the Sandigan to decide the case immediately, noting that it had
been pending "for almost eight years from the filing of the original information."
"Justice delayed is justice denied," Santiago said of her acquittal.
Significantly, during the trial the prosecution did not present a single
witness, not even the private complainants whose whereabouts are reportedly
unknown.
The court found that Santiago was merely carrying out an executive order
by Pres. Aquino for alien amnesty, which was later embodied in a law signed
by Pres. Ramos.
At the trial, Santiago argued that under Aquino's Executive Order No.
324, the commission was authorized to "waive exclusion grounds under the
Immigration Act in the case of individual aliens for humanitarian purposes
to ensure family unity or for the public interest."
The anti-graft court said that even if Santiago's legal interpretation
of the questioned provision might be wrong, still there was no question
about her honesty.
"The court finds no sufficient evidence to justify the conclusion that
accused Santiago was motivated by a dishonest purpose or ill-will partaking
of fraud or some ulterior purpose to do wrong or cause damage when she
approved the applications for legalization of the subject aliens," said
the Sandigan.
The court accepted Santiago's explanation that she approved the legalization
of certain aliens "in the interest of family unity, the sanctity of which
is recognized and protected by the Constitution itself," said the court.
"It is significant to note that the prosecution has not even alleged,
much less proven, that in approving the subject aliens' application for
legalization, accused Santiago was actuated by some corrupt or dishonest
interest, or that she had received any material or personal benefit,"
the Sandigan said.
The court said that under Santiago as immigration commissioner, Aquino's
executive order "was uniformly applied and enforced to all applicants,
without discrimination or preference."
"This fair and even-handed application and enforcement of the executive
order by the accused necessarily negates the charge that she was manifestly
'partial,' 'biased,' or 'unfair' in the discharge of her official functions,"
the Sandigan said.
The Sandigan ruled that public officers incur liability for their official
acts, when they are done with willfulness, malice, corruption, wanton
recklessness, or inexcusable negligence.
Reacting to the verdict of acquittal, Santiago said she was "relieved
but frustrated."
Disgruntled immigration employees filed the case in 1988 against Santiago,
but she alleged that they were merely motivated by hatred and a spirit
of revenge against her, after she had imposed disciplinary measures against
them.
After preliminary investigation by the Ombudsman, the case was filed in
court in 1991, shortly after Santiago announced her presidential candidacy
for the 1992 elections, where she placed a close second to Ramos.
Later, she filed an election protest against Ramos on the ground of massive
cheating, and claimed that he used the criminal case to intimidate her
to drop her election protest against him.
"This was a case of political persecution. Not only did Ramos cheat me
in the 1992 elections, he instigated the filing and prosecution of this
case for some eight years," Santiago said.
Ironically, Ramos himself is now facing graft charges because of alleged
fund juggling during the centennial expo scam, on which Santiago interpellated
him during the recent Senate hearing.
Santiago said that when Ombudsman Conrado Vasquez filed the case in the
Sandigan court, she was fighting for her life in the hospital, after a
near-fatal car crash, which remains a mystery to this day.
"The Ombudsman went out of his way to reverse a unanimous resolution by
a three-man board of investigating fiscals who recommended that this case
should be dismissed. It should never have been filed in court," said Santiago,
a former trial judge and UP law professor.
Santiago said that after the case was filed in court, a travel ban was
issued against her which resulted in the loss of her fellowship at the
Kennedy School of Government in Harvard.
"For the six years of the Ramos administration, while this case was pending,
the Ramos camp used this case for character assassination against me.
Now that I have been acquitted, I ask, where is justice?" she said.
Santiago, a multi-awarded trial judge, said that the 10-year old case
against her proves the adage, "Justice delayed is justice denied."
Santiago's counsel was Amado Santiago, Jr., first cousin of her husband,
DILG Undersecretary Narciso Y. Santiago, Jr.
The decision was written by Justice Gregory Ong, and concurred in by Presiding
Justice Francis Garchitorena and Justice Catalino Castaņeda, Jr.
Notable during the promulgation was the presence not only of Santiago's
supporters but also of Commodore Domingo Calajati and Col. Danilo Lim
of the Reform the Armed Forces Movement (RAM).
- End -
MIRIAM
SEEKS CUTS IN P551 MILLION "IRRATIONAL"
INTELLIGENCE FUNDS
12
December 1999
Sen.
Miriam Defensor Santiago moved to amend the Senate committee version of
the budget by deleting all appropriations for intelligence funds of cabinet
secretaries and other officers, except those in the armed forces, military,
and similar law enforcement agencies.
"Intelligence funds are necessary only for the gathering of secret information
about enemies of the state. Cabinet members and others performing administrative
functions don't need intelligence funds. It's irrational and indefensible,"
she said.
Santiago said that intelligence funds for cabinet members and presidential
advisers are "in most cases, merely slush funds used for corrupt political
purposes, such as buying influence."
She said it is "illogical" to appropriate such intelligence funds as:
P58.290 million for the justice secretary (except for the witness protection
program); P15 million for the defense secretary; P5 million for the Philippine
Veterans Office (Proper); P4.860 million for the DENR secretary; P3 million
for the Department of Interior and Local Government, Bureau of Fire Protection;
and P3.100 for the Office of the Vice President.
However Santiago, in her written motion to amend, also said that the intelligence
funds of the armed forces, military, and similar law enforcement agencies
should be retained, including the funds for the Presidential Anti-Organized
Crime Task Force under Pres. Estrada.
"The PAOCTF is a law enforcement agency. It has produced results. Further,
peace and order is the highest priority of government. Therefore, it deserves
intelligence funds," she said.
The list of cabinet members and similar officers whose intelligence funds
would be abolished under Santiago's motion is as follows:
Department of Energy, P1 million; Department of Environment and Natural
Resources, P4.86 million; National Mapping and Resource Information Authority;
P.216 million;
Department of Finance (Office of the Secretary), P.5 million; Bureau of
Customs, P1.5 million; Bureau of Internal Revenue, P2.5 million; Bureau
of Treasury, P.5 million;
Department of Foreign Affairs (Office of the Secretary), P.5 million;
Department of the Interior and Local Government, Bureau of Fire Protection,
P3 million; Department of Justice (Office of the Secretary), P50.925 million;
Office of the Solicitor General, P.575 million;
Department of Transportation and Communication (Office of the Secretary),
P1.55 million; National Telecommunications Commission, P.5 million; Office
of the Press Secretary (Office of the Secretary proper), P1.5 million;
Philippine Information Agency, P55,000;
Presidential Legislative Liaison Office, P.5 million; Professional Regulations
Commission, P.5 million; Securities and Exchange Commission, P.25 million;
Videogram Regulatory Board, P.25 million; MTRCB, P68,000;
Games and Amusement Board, P.25 million; Commission on Audit, P2.329 million;
Commission on Elections, P.5 million; Office of the Ombudsman, P.750 million;
Commission on Human Rights, P.125 million; Autonomous Region in Muslim
Mindanao, P1.25 million;
Department of Agriculture, National Meat Inspection Commission, P19,000;
Bureau of Corrections, P50,000; Department of National Defense (Office
of the Secretary), P15 million;
Philippine Military Academy, P.6 million; National Defense College of
the Philippines, P.210 million; Philippine Veterans Office (proper), P5
million; National Police Commission, P1.5 million; Office of the Vice
President, P3.1 million; National Security Council, P1 million; and EIIB,
P.5 million.
The list of agencies whose intelligence funds would be slashed by 50 percent
under the Santiago motion are as follows: Bureau of Immigration, P3.5
million; and National Bureau of Investigation, P3 million.
The list of armed forces, military, and similar law enforcement agencies
whose intelligence funds would remain the same as those reported out by
the Senate finance committee are as follows:
Armed Forces of the Philippines, P29.229 million; General headquarters,
P16.801 million; Philippine Air Force, P3.021 million; Philippine Army,
P1.451 million; Philippine Navy, P4.964 million; Presidential Security
Group, P2.392 million; Government Arsenal, P250,000; Philippine National
Police, P58.29 million; Office of the President, P729 million; National
Intelligence Coordinating Agency, P1.045 million; and Presidential Commission
on Good Government, P5 million.
In her amendment paper submitted to the Senate finance committee, Santiago,
a UP honor graduate, moved to restore the appropriation for the University
of the Philippines to P3,850,502,000, up from the committee version of
P3,592,264,000.
In her motion to amend, Santiago also moved to reduce to P1 the budgets
of the following: Palawan Council for Sustainable Development Staff, National
Stud Farm, and Construction Manpower Development Foundation/Construction
Industry Authority of the Philippines under the trade and industry department.
She said that the Palawan Council should be funded by that province, while
the stud farm and the construction agencies should be funded by the private
sector.
Santiago also sought an amendment to cut by 50 percent the budgets of
all the commissions, committees, task forces, etc. directly under the
Office of the President, except the PAOCC (Presidential Anti-Organized
Crime Commission).
"Those Malacaņang commissions and committees were mostly created during
the Ramos administration. Therefore, they should wind up within the next
six months," she said.
Interpellation on the Senate committee version of the budget ended late
Thursday night, and senators submitted their written amendments Friday.
Today (Monday) the Senate finance committee under Sen. John H. Osmeņa
is expected to submit at the plenary session the new committee version,
after adopting the amendments proposed by the individual senators.
Santiago said that her amendments focus on cuts in intelligence funds
and no longer on discretionary funds, also known as pork barrel, because
the Senate finance committee had already slashed the discretionary funds
in the House version of the budget.
- End -
MIRIAM
WARNS CONCORDE REPORT MERELY ADVISORY
13
December 1999
Sen. Miriam Defensor Santiago warned that if Pres. Estrada officially
endorses to Congress the report of the Preparatory Commission on Constitutional
Reform headed by former Chief Justice Andres Narvasa, the report would
be merely advisory.
"The Constitution gives the power to propose a revision only to three
agencies - Congress, a constitutional convention, or a people's initiative.
The president is not included in this list," she said.
The lady senator said that under a rule of statutory construction, what
is not included is deemed to be excluded.
Santiago was reacting to news that the Concorde Commission has finished
its report, and that Pres. Estrada plans to officially endorse the report
to Congress next month.
"If Pres. Estrada officially endorses the report to Congress, his advisers
should take care that the president is not perceived as proposing a revision
- an act prohibited by the Constitution," said Santiago, a UP constitutional
law professor and author.
Santiago said that it is "a presumptuous mistake" for presidential advisers
to announce that under the Malacaņang timetable, Congress is given a limited
period of six months to deliberate on the proposed amendments, which will
be submitted to a plebiscite in October next year.
"Malacaņang has no business drawing up a timetable for the work of a constituent
assembly. A timetable sounds imperious, but I'm sure that's not the intent,"
she said.
"Before Malacaņang even considers the substantive aspect of its Concorde
initiative, the Palace should consider the procedural aspect. Look before
you leap," she said.
Santiago said the dilemma posed by the Concorde report is a result of
the fact that the commission was created by the executive and not by the
legislative branch.
The lady senator blamed certain presidential advisers for giving the president
wrong advice about the procedure to be followed.
"It's the fault of certain Palace advisers. They seem to be taking Congress
for granted. That's bureaucratic arrogance," she said.
- End -
IMELDA,
MIRIAM AMONG 100 WORLD'S MOST POWERFUL WOMEN
21
December 1999
Former
First Lady Imelda R. Marcos and Sen. Miriam Defensor Santiago have been
named among The 100 Most Powerful Women in the World by The Australian
Magazine, a supplement of the Weekend Australian.
Marcos is No. 58 and Santiago is No. 69 in the list headed by Benazir
Bhutto, Hillary Clinton, Queen Elizabeth II, Margaret Thatcher, and Alice
Mitchell Rivlin.
Other known public officials in the list of 100 are Aung San Suu Kyi of
Burma, Mary Robinson of Ireland, Janet Reno of the US, Violeta Chamorro
of Nicaragua;
Sandra Day O'Connor and Ruth Bader Ginsburg of the US, Princess Diana,
Queen Sirikit, and Winnie Mandela.
The list also includes fashion leaders Estee Lauder and Donna Karan, actresses
Jodie Foster and Roseanne, TV presenter Oprah Winfrey, singer Madonna,
and the late Mother Teresa, who ranked No. 98.
The choice of 100 names was apparently based on the same criterion as
that used by Time magazine in picking its man or woman of the year - the
women who, for good or ill, manifested the highest capability for accomplishing
something, and for command over others.
The 18 Asian women in the list, including Marcos and Santiago, are Benazir
Bhutto of Pakistan, Wu Yi of China, Sadako Ogata of Japan, Anson Chang
of Hong Kong, Tutut Suharto of Indonesia, Aung San Suu Kyi of Burma, Nafis
Sadik of Pakistan, Nguyen Thi Binh of Vietnam;
Chandrika Kumaratunga of Sri Lanka, Begum Khaleda Zia of Bangladesh, Queen
Sirikit of Thailand, Takako Doi of Japan, Megawati Sukarno of Indonesia,
Dai Qing and Emily Lau both of China, and Mother Teresa of India.
Marcos was First Lady during martial law, and also held the posts of Metro
Manila governor and human settlements secretary.
She was later convicted of graft charges by the Sandiganbayan; the judgment
against her is under appeal with the Supreme Court.
Santiago as immigration commissioner won the Asian Nobel Prize, the Magsaysay
Award for government service, "for bold and moral leadership in cleaning
up a graft-ridden governmental agency."
Running as an independent, she placed a close second to Fidel Ramos in
the 1992 presidential elections, and promptly filed an election protest
on the ground of massive fraud.
But her poll protest was dismissed in 1995 by the Supreme Court, on the
technical ground that by then she had already won as senator.
Santiago was recently acquitted of graft charges by the Sandiganbayan,
with Santiago claiming that the 8-year-old charges were acts of political
harassment by the Ramos administration to punish her for running and filing
her poll protest against him.
The 100 Most Powerful Women in the World is the current list carried by
the website of The Australian Magazine, which first issued it in 1996.
- End -
MIRIAM
SAYS CONCORD CASE PREMATURE,
BUT WARNS PALACE ON PROCEDURE
27
December 1999
Sen.
Miriam Defensor Santiago, a constitutional law expert, dismissed the taxpayer
suit questioning the constitutionality of the creation of Pres. Estrada's
Preparatory Commission on Constitutional Reform (PCCR) saying that the
issue "is not yet ripe for adjudication."
Santiago, former chair of the Senate constitutional amendments committee,
described as "premature" the suit against the PCCR, which recently submitted
a report supporting the president's Constitutional Correction for Development,
or Concord.
"As long as Pres. Estrada keeps the PCCR report to himself, it remains
a mere study paper for the president, and there is no violation of the
Constitution," she said.
However, Santiago added that once Pres. Estrada formally endorses the
report to the Congress, then a ground might arise for assailing the constitutionality
of the president's action.
She stressed that under the Constitution, any amendment or revision may
be proposed only by the Congress or by a constitutional convention.
"The president has no power to propose any amendment. The power to propose
is exclusive to the Congress. Hence, Malacaņang has no legal basis for
formally endorsing the report to Congress," she said.
Santiago said that the correct procedure is for the respective committees
of both the Senate and the House to make a formal request to Malacaņang
for a copy of the report, because the initiative must come from Congress,
and not from Malacaņang.
"Instead of the president endorsing the report to Congress, it should
be Congress that should request the president for a copy of the report.
This may be a technicality, but it is an important technicality, because
it determines whether the president has overstepped his constitutional
limitations," she said.
Santiago also added that Malacaņang officials should refrain from making
public statements urging Congress to call for a constituent assembly,
rather than for a constitutional convention.
"Whether Congress will turn itself into a constituent assembly, or call
for a constitutional convention, is a choice that lies within the exclusive
discretion of Congress alone. Malacaņang is out of line when it calls
for a constituent assembly," she said.
Santiago said that it is better to call for a constituent assembly, because
its powers would be limited by the joint resolution that Congress will
first have to pass.
The senator said that by contrast, a constitutional convention is independent
of the other branches of government, because it is considered as a co-equal
fourth branch.
"The fears that Concord might result in the extension of term limits,
would be laid to rest by the procedure of a constituent assembly. The
powers of such an assembly are subject to the limitations that will be
provided in the joint resolution that Congress will first have to pass,"
she said.
Santiago warned Malacaņang officials to be "extremely careful" about the
procedure that will be followed in initiating the process of constitutional
amendments.
"Malacaņang must be warned that the Supreme Court has the power of judicial
review over the question of whether charter amendments have been validly
adopted. Under present doctrine, the Supreme Court has power to inquire
into whether the procedure for amendment prescribed by the present Constitution
has been observed. Malacaņang is not a free agent," she said.
In the 1997 case filed by the senator entitled Santiago v. Comelec, the
Supreme Court prohibited an attempt by the Ramos administration to amend
the Constitution by means of a people's initiative, thus emphasizing the
power of the Supreme Court to strike down any move for charter change,
if constitutional procedures are not strictly observed.
- End -
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