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.
-End-
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.
-End-
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.
-End-
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 Osmeña, 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.
-End-
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.
-End-
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 Malacañang officials, including Ramos and his close aide Gen. Jose Almonte.
"David did not act on his own, but was presumably carrying out instructions from Malacañang. The Senate committee will try to identify who those Malacañang 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.
-End-
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.
-End-
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.
-End-
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.
-End-
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.
-End-
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.
-End-
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.
-End-
[back to Press Releases Main]