1998 Press Releases can be found at the Archive Section.
MIRIAM'S
MILLENNIUM PLEDGE: MORE STUDIES, MORE LAW BOOKS (1 Jan 2000)
MIRIAM'S
MILLENNIUM PLEDGE: MORE STUDIES, MORE LAW BOOKS
1 January
2000
Sen. Miriam Defensor Santiago yesterday vowed to make an annual pilgrimage
to centers of specialized studies abroad annually to help update the country's
legal education in the new millennium.
Santiago, who was named among the "100 Most Powerful Women in the World"
by the Australian Magazine, has pledged to write more law books this year
as part of her legal education project.
"Consider this as my humble contribution for the 21st century," she said.
"It has always been my commitment to raise the level of legal education
in the country and help Filipinos understand both the Philippine and the
international legal systems."
Santiago will be a Visiting Fellow at the St. Hilda's College, Oxford
University in the summer term this year. She is expected to produce another
law book as an offshoot of her academe activity.
"Whether we like it or not, we are entering the age of globalization.
In an interdependent world, there is a need to understand the laws that
govern the conduct of international relations," she said.
Santiago recently launched her latest book International Law (With Philippine
Cases and ASEAN instruments) that was a product of her intensive study
as a visiting fellow to the Lauterpacht Center at the prestigious Cambridge
University.
The lady solon began writing her book on international law while studying
in Cambridge last June. She would take time-out everyday to write things
she learned in Cambridge and fax it to her office in Quezon City.
She also launched the latest additions to her Code Annotated Series, namely
Local Government Code Annotated and Civil Code Annotated that are certain
to make significant contribution to the Philippine legal system.
Earlier, Santiago launched the first three parts of her Annotated Series,
namely Constitution Annotated, Rules of Court Annotated, and Penal Code
Annotated.
The publisher, Central Professional Books, has announced that Santiago's
books immediately made it to their bestsellers' list recently.
The books are all products of intensive study conducted amidst Santiago's
tight schedule at the Senate and active pursuit of academic interests.
Santiago also launched a pilot summer internship program for the youth
called Summer sa Senado---the first of its kind ever launched by a legislator.
The innovative program brought together 40 students from all over the
country to learn the ropes of legislative work.
Santiago later filed two salient bills penned by young students namely
the "Exact Change Act," and the "Children's Rights Education Act."
Since elected tot he Senate in 1995, Santiago has tasked her legal staff
to provide free legal consultations at her headquarters to walk-in people
who do not have the means to secure the best lawyers to their defense.
Santiago's staff entertain about five walk-in clients in a day. They also
receive at least 3 phone-in requests for legal assistance in a day. The
cases range from criminal in nature to adoption inquiries.
"Law is a profession that requires no less than 100 percent commitment.
I hope to pave the path for younger practitioners to pursue the study
of law with vigor and enthusiasm so that the people are better served,"
she said.
Santiago graduated with honors from the College of Law in the University
of the Philippines. She has attended the University of Michigan, Harvard
University, and Oxford University for higher studies.
SANTIAGO
SEEKS TO ESTABLISH PRESIDENTIAL DEBATE COMMISSION
2 January
2000
Senator
Miriam Defensor Santiago recently filed Senate Bill No. 1855, seeking
to establish a Presidential Debate Commission .
The senator stressed that the bill aims to uphold the right of the young
people to information on matters of public concerns, aware that "a well-informed
voting population would be able to carefully choose their future leaders."
"The bill once will complement the Omnibus Election Code, which provides
for venues and opportunities to inform the people of the qualifications
of the candidates," she said.
Santiago said that the bill hopes to establish concrete guidelines in
the conduct of presidential debates so that the public can separate the
credible form the incompetent presidential wannabes.
Under the bill, the Presidential Debate Commission is tasked to schedule
the debates for the presidential and vice-presidential candidates and
submits reports evaluating the debates scheduled itself and by other agencies,
organizations or mass media.
The Commission shall also formulate the guidelines for the adoption of
the best format for the debates.
"This will eliminate unnecessary grandstanding among presidential aspirants
and will guarantee that they will focus on the issues and not resort to
political mudslinging or character assassination which has been the hallmark
of Philippine politics," Santiago said.
MIRIAM
TRAINS GUNS ON MINIMUM WAGE VIOLATORS
6 January
2000
Sen.
Miriam Defensor Santiago yesterday denounced the continued rampant violations
of the minimum wage law by some business establishments in the country.
Santiago pointed out that the latest figures show 20.5 percent of the
20,575 establishments inspected were found to violating the minimum wage
requirement.
She raised the issue at the first regional consultation by the Labor Commission
at the Philippine Trade and Training Center.
"Business establishments should not use the economic crisis as a scapegoat
for not complying with the minimum wage requirements," she said. "Like
them, labor is also experiencing difficulty in coping with the high cost
of living nowadays."
The regional wage board increased the minimum wage by P25.50 to make it
P223.50 per day effective 31 October 1999, but labor groups continue to
demand an additional P100.
Santiago said job creation should be a principal goal in the revision
of the Labor Code. She noted that the country's employment rate grew only
3.1 percent from 1993 to 1998, while the unemployment rate is increased
by 5.18 percent.
Santiago said the more sustainable method to increase real wages is productivity.
She urged both labor and employers to join forces to make local firms
globally competitive.
She said the regional wage boards and the national wage productivity commission
should relentlessly promote productivity programs and productivity gain
sharing.
"The Productivity Incentives Law of 1990 is practically dead. Productivity
gain-sharing schemes need to be restudied to make them workable and acceptable
to industry players," she explained.
Santiago noted that productivity should be specifically mentioned in the
Labor Code as an objective of the country's labor laws and as a factor
to consider in minimum wage fixing.
"Productivity and job creation should be principal objectives in the Labor
Code revision. The present code is silent on these strategic objectives,"
she said.
Santiago also voiced concern over the proposed deregulation of the overseas
employment industry.
According to R.A. No. 8042, the Philippine Overseas Employment Agency
(POEA) regulatory authority over overseas employment agencies will be
phased out, "in accordance with the objectives of deregulation."
"The phase out is supposed to commence this year. This matter should be
approached with extreme caution as it might turn out to be another deregulation
headache," she warned.
Santiago also raised the problem of labor dispute settlement, noting that
an average of 20,000 to 25,000 are filed each year at the National Labor
Relations Commission regional branches.
"The ideal settlement mechanism should be consensual, simple, expedient,
easily accessible, transparent, and graft-free," she concluded.
MIRIAM
TOPS SENATE BILLS AND RESOLUTIONS
12 January
2000
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
has 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 was followed by Senators Sergio Osmeņa, 290; Vicente Sotto III,
255; and Juan Flavier, 253 bills and resolutions.
She also filed the most number of bills and resolutions in 1998.
Santiago's bill mandating the use of seat belts in public and private
vehicles was passed into law last year. It will be implemented in full
force this year.
She 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.
MIRIAM
SEEKS NBI ASSISTANCE SENATE PROBE
ON CEBU MYSTERY CASE
13 January
2000
Sen.
Miriam Defensor Santiago yesterday urged the national Bureau of Investigation
to expedite its probe on the suspicious death of a Chinese Filipina in
Cebu two years ago.
Santiago also filed a resolution in the Senate calling for a Senate calling
for a Senate inquiry on the alleged two-year delay in the submission of
the any NBI report counted from the date the investigation terminated.
"A delay of two years in the filing of the NBI report, in the face of
the fact that an investigation has already been conducted, tends to cast
the criminal justice system in a bad light," she said.
Santiago also wrote to NBI Director Federico opinion to request for a
written explanation on when the NBI report will finally be filed; and
if not, what are the reasons why it cannot be filed.
Relatives of the victim has sought Santiago's help after the NBI failed
to shed light on the mysterious circumstances surrounding Yu's death in
1997 at her residence at Annabelle St., Maria Luisa Village, Banilad,
Cebu City.
According to Santiago, forensic pathologist Raquel Fortum performed an
autopsy on 11 August 1997 and concluded that the cause of death was, "asphyxia
by manual regulation."
She added that NBI medico-legal officer also filed an exhumation report
with postmortem findings stating that the cause of death was "asphyxia
by strangulation."
Although a team of NBI agents traveled from Manila to Cebu to conduct
an investigation reportedly no NBI report has been filed up to now," she
noted.
An NBI team from Manila le by a certain Agent Arugay conducted an investigation
in Cebu and allegedly sought financial assistance from the victim's siblings
to cover travel, hotel and food expenses. But no NBI report has been filed
until now.
SENATE
TO PROBE FVR MEN IN MULTIMILLION PIRMA SCAM,
SCANDAL MAG
14 January
2000
The Senate blue ribbon committee will investigate charges that Gen. Virgilio
David, former administrator of the Phil. Coconut Authority, illegally
plundered and diverted millions of pesos in World Bank loans to finance
the charter change campaign under former Pres. Ramos.
The Senate investigation will also look into charges that millions of
PCA funds and property were illegally plundered and diverted to finance
a smear campaign against Ramos critics, notably Sen. Miriam Defensor Santiago
and DILG sec. Alfredo Lim.
This developed after Santiago filed a resolution calling for a separate
Senate investigation into charges filed against David by Sergio T. Eulogio,
PCA deputy administrator for corporate services.
In his complaint filed with the Ombudsman, Eulogio charged that David
illegally plundered and diverted PCA funds and property to support the
publication of a magazine called Smart Files, which was published during
the Ramos administration.
Smart Files, in the guise of investigative reporting, attacked known political
opponents of Ramos, under its publisher and editor in chief Ricardo Manapat,
reportedly an employee of the National Museum.
Eulogio charged that PCA employees receiving government salaries were
recruited to serve as part of the magazine staff, which occupied office
space in the PCA building along the Quezon City elliptical circle.
Eulogio also charged that the government salaries of the magazine staff
alone amounted to some P2.2 million.
The complaint states that during the Ramos administration, the magazine
staff led by Manapat enjoyed free office space, supplies, facilities,
and equipment provided by the PCA, including an official car for Manapat.
Smart Files attacked not only Santiago and Lim, but also former Senate
president Ernesto Maceda, former solicitor general Francisco Chavez, former
trade and industry secretary Jose Concepcion, Jr., businessmen Enrique
Zobel, Lucio Tan, Sy Pio Lato, and the Catholic group Opus Dei.
Santiago said that while the Ombudsman investigation will be limited to
the criminal liability of David and his former PCA staff, the Senate investigation
will be broader and will focus on the theory of conspiracy with Malacaņang
officials, including Ramos and his close aide Gen. Jose Almonte.
"David did not act on his own, but was presumably carrying out instructions
from Malacaņang. The Senate committee will try to identify who those Malacaņang
officials were," she said.
Santiago, who filed an election protest against Ramos, pointed out that
this is the latest in a series of anomalies during the Ramos administration
which have been exposed during the Estrada administration.
"Ramos and his close pal Almonte will ultimately have to face criminal
charges in the anti-graft court. That is the reason why Ramos and his
cohorts are moving to bring down Pres. Estrada, by means of the psychological
warfare for which the two generals are notorious," she said.
Santiago said that under RA No. 7080, David and his fellow accused could
be charged with the crime of plunder, if they illegally used P50 million
or more in public funds.
Plunder is punishable by reclusion perpetua to death.
"Like high officials in South Korea, Ramos and Almonte will have to defend
themselves in court against charges of malversation in connection with
this scam. This is in addition to the Centennial Expo scam, where Ramos
was found criminally liable by the Senate blue ribbon committee report,"
the senator said.
SEN.
MIRIAM DEFENSOR SANTIAGO ON THE
SUPREME COURT'S DECISION IN
FAVOR OF JIMENEZ
19
January 2000
The Supreme Court decision primarily means that the formal proceedings
in court for extradition will be delayed.
The decision seems to imply that a person under extradition has more rights
than an accused in a criminal case. This is because the Supreme Court
ruled that the so-called "modes of discovery" available to an accused
at the start of the trial are now made available to the respondent, even
before the case has been filed.
Under the Rules of Court, the modes of discovery can be availed of only
at the start of the trial, but in the Jimenez case, the modes of discovery
were made available before trial. Thus, an exception was made from the
Rules of Court.
Finally, the split voting means that although this case is a precedent,
the case law is weak and could be overturned in future cases.
Because of this departure from normal procedure, the decision has caught
the legal profession by surprise.
MIRIAM:
COURTS CANNOT REVIEW CASE VS. MARINES
22 January
2000
Sen. Miriam Defensor Santiago, a constitutional expert, said that the
courts have no jurisdiction to try any case questioning the assignment
by Pres. Estrada of marines in shopping malls.
"Calling out the armed forces is not subject to judicial review," she
said.
Santiago said a distinction should be drawn between calling out the armed
forces on the other hand; and imposing martial law or suspending the habeas
corpus writ on the other hand.
"The Constitution gives to Supreme Court the power to review only a proclamation
of martial law or the suspension of the privilege of the writ of habeas
corpus," she said.
Santiago issued the statement in a speech at the annual general membership
meeting yesterday (Saturday) of the Philippine Military Academy Alumni
Association, Inc.
Santiago and DOTC Sec. Vicente Rivera, Jr. were inducted as honorary members
of the association.
Gen. Angelo Reyes, AFP chief of staff, and Gen. Panfilo Lacson, PNP chief,
also spoke at the meeting held in Camp Aguinaldo.
Santiago said that in assigning marines to the malls and to school campuses,
Pres. Estrada is acting as armed forces commander-in-chief.
"The president may call out the armed forces to prevent or suppress lawless
violence anywhere. The president is the sole judge of whether such action
is necessary," she said.
Santiago cited the 1827 case of Martin v. Mott, where the US Supreme Court
ruled: "The authority to decide whether the exigency has arisen belongs
exclusively upon all other persons."
"The principle is that the courts accept the President's finding that
it is necessary top call out the armed forces. The President's finding
is conclusive on the courts," she said.
MIRIAM:
SC WILL UPHOLD SPRAY PAINT RULING
28 January
2000
Sen. Miriam Defensor Santiago, a constitutional law expert, predicted
that the Supreme Court will uphold the Court of Appeals decision declaring
unconstitutional a Manila city ordinance authorizing spray painting of
houses of drug abusers.
"The Court of Appeals decision is doctrinally impeccable. Spray painting
violates both the due process and equal protection clauses of the bill
of rights," she said.
But Santiago added that she continues to support the campaign against
drugs by DILG Secretary Alfredo Lim, with whom she ran under the People's
Reform Party in 1992.
"If Lim's interpretation of the charter turned out to be wrong, that should
not be held against him. He acted in good faith," she said.
But Santiago criticized some members of the Catholic clergy who issued
statements supporting the spray painting.
"This should be a lesson to certain bishops to refrain from commenting
on constitutional issues, which are better left to legal experts. Our
system of law demands a healthy sense of restraint from the religious
community," she said.
Santiago criticized the bishops who reportedly said that spray painting
is constitutional, because she said they should limit themselves to campaigning
against drug abuse, instead of commenting on constitutional issues.
"In effect, certain misguided clergymen bordered on arguing that the end
justifies the means. We are all against drug abuse, but our methods must
always be constitutional," she said.
Santiago said that in the United States, spray painting would constitute
the tort (wrongful act) of "intentional infliction of emotional distress,"
for which damages could be sought in court.
'Spray painting is an invasion of privacy. The Constitution protects a
certain degree of privacy necessary to human dignity and individuality,"
she said.
Santiago emphasized that under the rules of Court, appeal by certiorari
may be denied on the ground that "the appeal is without merit."
"A review is not a matter of right, but sound judicial discretion. The
Supreme Court will grant a review only when there are special and important
reasons, and I don't see them here," she said.
Santiago said that if government decides to appeal to the Supreme Court,
the latter may either dismiss it outright, or give it due course if it
involves a question of substance that has not yet been determined by the
Supreme Court.
"Even if the Supreme Court gives it due course, the result will be the
same - the ordinance will still be declared unconstitutional," of drug
cases.
Santiago, a former RTC judge, said the better way to fight drugs is to
hold "marathon trials, without postponements," of drug case.
"Since the intent is to add vigor to the anti-drug campaign, this can
be better achieved by requiring judges and fiscals to hold whole-day continuous
trails in drug cases. Speedy decisions in drug cases is the key to a successful
campaign," she said.
Santiago won her TOYM and TOWNS awards, for her "no postponement" policy
as an RTC judge.
MIRIAM:
SUSPEND SENATE BW PROBE
29 January
2000
Sen. Miriam Defensor Santiago said the Senate should suspend committee
hearings on BW's alleged stock manipulation.
The suspension was requested by Securities and Exchange Commission Chair
Perfecto Yasay and by Philippine Stock Exchange President Jose Luis Yulo.
"The Senate hearing is merely administrative, while the hearings of the
Sec and the PSE are criminal in nature. Logically, the criminal hearing
should take precedence over the administrative hearing," she said.
Santiago said that confidence in the local equities market will return
only if the SEC and the PSE terminate their investigation without political
interference.
"The Senate hearing is only for the purpose of finding out whether Congress
should pass another bill. There is no urgency about it," she said.
"in administrative law, it is the Sec and the PSE which has primary jurisdiction
over the BW probe. Therefore, their request to suspend the Senate probe
should be granted," she said.
MIRIAM
RESOLVES CONSTITUTIONAL DISCUSSION IN SENATE
29 January
2000
Senator Miriam Defensor Santiago resolved the issue whether Congress has
the power to amend the Rules of Court at the interpellation of the "Electronic
Commerce Act" at the Senate.
Senator Teofisto Guingona Jr. first raised the issue when he pointed out
that certain provisions of the bill might result in an amendment to the
present Rules of Court, a power which is only granted to the SC under
the present Constitution.
Santiago pointed out that under Constitution, Article VIII, Section 5,
the Supreme Court is given power to promulgate rules of pleading, practice,
and procedure.
"It appears from the proceedings in the Constitutional Commission that,
under the 1935 and 1973 Constitutions, the Supreme Court can promulgate
rules and regulations which are effective without the need of concurrence
of the Legislature," she said. "But legislature in turn can repeal or
amend such rules in the exercise of its legislative power."
In the course of discussion, Senator Ramon Magsaysay blurted that the
Senate can even abolish the Supreme Court. Magsaysay quickly corrected
his statement, and clarified that he was referring to the SC's budget
that Congress can abolish.
But Magsaysay's clarification is still wrong, since the Constitution provides
that the judiciary shall enjoy full fiscal autonomy, thus, it would be
a violation of the Constitution if Congress abolishes the SC's budget.
Magsaysay later said that the committee does not intend to amend anything,
but just to add a provision that electronic documents be made admissible
in court to be used as court evidence.
Santiago then said she is supporting Magsaysay's position that the provision
under question is valid notwithstanding the provision in the Constitution
giving to the SC the power to promulgate the Rules of Court.
"In effect, what we are doing, if we pass this bill, would be to amend
an existing provision or provisions of the Rules of Court. However, that
would lie within the authority and existing power of the Legislature,"
she explained.
Santiago explained that there are two kinds of power of the Supreme Court.
First, the category of powers is called "irreducible powers," and the
second, is called "auxiliary powers."
She said that notwithstanding that the power to promulgate the Rules of
Court has been vested by the Constitution in the SC, nonetheless, the
Congress reserves the power to amend such rules.
"Therefore, even if our present bill might result in an amendment of the
Rules of Court, still the Congress would be acting well within its constitutional
powers," she said.
Santiago then recalled that during the deliberations on Article VIII,
Section 5, one commissioner stood to propose an amendment that Congress
would only have a veto power over the power of the SC to promulgate the
Rules of Court.
"However, this was not adopted," she stressed. "Therefore, the implication
is that the Congress still retains plenary legislative powers even with
respect to existing Rules of Court provisions," she said.
MIRIAM
WANTS SOOTHING MUSIC PLAYED IN QC CIRCLE
30 January
2000
Annoyed by the excessively loud music being played in one of the country's
popular nature-themed parks---the Quezon Circle?
How about listening to the soothing sound of classical music for a change?
Senator Miriam Defensor Santiago yesterday proposed to Quezon City officials
to play classical music to soothe and refresh the park goers or leave
the park in peace and quiet like all parks in the world.
In a letter to QC Mayor Ismael Mathay Jr., Santiago said some residents
are complaining about the incessant playing of rock music in the park
which can only be described as "excessively loud, vulgar, and in poor
taste."
Santiago, a resident of nearby Teachers' Village, pointed out Article
694 of the Civil Code that defines nuisance as "any act, omission, establishment,
business, condition of property, or anything else which annoys or offends
the senses."
"It definitely qualifies as noise pollution. My office phone in a request
to the park manager to play classical music, but my request was completely
ignored," Santiago wrote.
Santiago also said the Civil Code allows any "person may file an action
on account of public nuisance, if it is specifically injurious to himself."
She said the incessant playing of rock music has assaulted her and other
nearby residents.
"A park is a place of rest and recreation. No other civil country in the
world plays rock music in a park, unless there is a licensed rock concert,"
she said.
Santiago explained that she has no objection if aerobics, religious or
other groups play their own kind of music, as long as it is played only
for a short period, and only within hearing of those involved in that
activity.
"But it should not be broadcast to the entire park, thus posing a nuisance
to other people," she added.
Santiago habitually jogs at the Quezon Circle in the morning. Unfortunately,
finding a quiet nook in the park has become challenging with the playing
of loud rock music.
"The Quezon Circle is one of the city's more popular nature-themed parks
where urban dwellers sojourn to get a breath of fresh air," she said.
"Playing loud music is simply annoying."
Santiago also said that in all parts of the world, any kind of music is
not allowed to be played in parks except for private hearing only.
"You won't hear loud rock music being played in New York's Central Park
or London's Hyde Park unless there is a licensed rock concert," she said.