Angara, Edgardo J. Senator (Guest Speaker)
Kapihan sa Senado Excerpts
December 14, 2006
Wednesday, December 13, 2006
Thursday, December 07, 2006
Kapihan sa Senado Excerpts
07 December 2006
Guest: Senator Juan Ponce Enrile
The Senate gears for a legal battle as it awaits the next move of the House on its game plan to amend the Constitution via House Resolution No. 1450.
Senator Juan Ponce Enrile, guest speaker during the Kapihan sa Senado, said that the House will face legal battle in the Supreme Court once it submits its proposed amendments to the Constitution to the Comelec.
Enrile, however, noted that the passage of a resolution by the House is legal and within its jurisdiction. Likewise, he gave the opinion that the final decision will ultimately depend on the Supreme Court, on how it will rule on the legality of the House measure.
He also reiterated the stand of the Senate to vote separately on the manner of changing the Constitution.
When asked about the chance meeting that took place last night during a birthday party in Makati between President Gloria Macapagal Arroyo and eleven senators including Senate President Manuel B. Villar, Senate Majority Leader Kiko Pangilinan, and Senators Ralph Recto, Richard Gordon, and Edgardo Angara, Enrile said the President may not be informed about the complete game plan of the House, but must be aware that it is acting on its own.
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On the passage of a House resolution convening the Congress into a Constituent Assembly:
“The House has the right, and empowered, to pass a resolution to convene Congress into a Constituent Assembly, and that’s why I filed a resolution here to ask the Senate to pass the same resolution, which will be heard on Monday. But we still don’t know the disposition of the Senate after the hearing. But as far as the process is concerned, there is nothing unusual about the passage of the measure in the House. But I still do not know whether they have already initiated the process of conducting the submission of proposals to amend or revise the Constitution”
Interpretation of the word “Congress” in the Constitution:
“The House of the Representatives is not the Congress of the Philippines. The Senate is not the Congress of the Philippines. The Congress of the Philippines is the House and the Senate working together. They may interpret that the Constitution does not say that the two Houses must act separately, but the structure of the Congress is composed of two Congresses. I think that the failure of the framers of the Constitution during the Aquino administration that drafted the 1997 Constitution did not make a detailed statement on the manner of how the Congress would convene, is a product of the fact that originally the Congress was supposed to be a unicameral Congress. But when they finally voted, and they changed the structure of that Congress and made it bicameral, the original intent was equally changed. And so, every term Congress in the Constitution should reflect the changed intention of the commission to mean that Congress refers to two Houses.”
Supreme Court on PI and Con-Ass:
“This will become a major legal battle in the Supreme Court. There are only 14 members, and the division based on the issue of the people’s initiative (PI), was eight (8) in favor of saying that it is not valid, and seven (7) said that it was valid. Now the eight (8) has been reduced to seven (7), and we have a seven (7) to seven (7) position, assuming that each side will maintain their respective position. So, if that is the situation, and a live case is presented to the Supreme Court, and the SC would not issue a temporary restraining order (TRO) to prevent the submission of the amendment approved by the House to the people in a plebiscite for approval, and the people voted and approved it, and there is an overwhelming vote, then in that case, it will become fait accompli. The Supreme Court might say, well this is the people’s mandate. But I hope that the Supreme Court will not take that position, but that is a possibility.”
07 December 2006
Guest: Senator Juan Ponce Enrile
The Senate gears for a legal battle as it awaits the next move of the House on its game plan to amend the Constitution via House Resolution No. 1450.
Senator Juan Ponce Enrile, guest speaker during the Kapihan sa Senado, said that the House will face legal battle in the Supreme Court once it submits its proposed amendments to the Constitution to the Comelec.
Enrile, however, noted that the passage of a resolution by the House is legal and within its jurisdiction. Likewise, he gave the opinion that the final decision will ultimately depend on the Supreme Court, on how it will rule on the legality of the House measure.
He also reiterated the stand of the Senate to vote separately on the manner of changing the Constitution.
When asked about the chance meeting that took place last night during a birthday party in Makati between President Gloria Macapagal Arroyo and eleven senators including Senate President Manuel B. Villar, Senate Majority Leader Kiko Pangilinan, and Senators Ralph Recto, Richard Gordon, and Edgardo Angara, Enrile said the President may not be informed about the complete game plan of the House, but must be aware that it is acting on its own.
------------
On the passage of a House resolution convening the Congress into a Constituent Assembly:
“The House has the right, and empowered, to pass a resolution to convene Congress into a Constituent Assembly, and that’s why I filed a resolution here to ask the Senate to pass the same resolution, which will be heard on Monday. But we still don’t know the disposition of the Senate after the hearing. But as far as the process is concerned, there is nothing unusual about the passage of the measure in the House. But I still do not know whether they have already initiated the process of conducting the submission of proposals to amend or revise the Constitution”
Interpretation of the word “Congress” in the Constitution:
“The House of the Representatives is not the Congress of the Philippines. The Senate is not the Congress of the Philippines. The Congress of the Philippines is the House and the Senate working together. They may interpret that the Constitution does not say that the two Houses must act separately, but the structure of the Congress is composed of two Congresses. I think that the failure of the framers of the Constitution during the Aquino administration that drafted the 1997 Constitution did not make a detailed statement on the manner of how the Congress would convene, is a product of the fact that originally the Congress was supposed to be a unicameral Congress. But when they finally voted, and they changed the structure of that Congress and made it bicameral, the original intent was equally changed. And so, every term Congress in the Constitution should reflect the changed intention of the commission to mean that Congress refers to two Houses.”
Supreme Court on PI and Con-Ass:
“This will become a major legal battle in the Supreme Court. There are only 14 members, and the division based on the issue of the people’s initiative (PI), was eight (8) in favor of saying that it is not valid, and seven (7) said that it was valid. Now the eight (8) has been reduced to seven (7), and we have a seven (7) to seven (7) position, assuming that each side will maintain their respective position. So, if that is the situation, and a live case is presented to the Supreme Court, and the SC would not issue a temporary restraining order (TRO) to prevent the submission of the amendment approved by the House to the people in a plebiscite for approval, and the people voted and approved it, and there is an overwhelming vote, then in that case, it will become fait accompli. The Supreme Court might say, well this is the people’s mandate. But I hope that the Supreme Court will not take that position, but that is a possibility.”
Thursday, November 23, 2006
Roundup
23 November 2006
Guest: Senate Minority Leader Aquilino "Nene" Q. Pimentel
Senate Minority Leader Aquilino "Nene" Q. Pimentel proposed the possible appointment of an Opposition representative in the Commission on Elections (Comelec) who will serve as a watchdog in the poll body during elections, a practice which he said was done during the Marcos administration.
"My suggestion is that the President should consider appointing somebody recommended by the opposition. The Comelec is supposed to be non-partisan, but considering the reality of the situation in the Comelec, I think the time calls for the appointment of at least one representative coming or recommended by the opposition."
Senator Pimentel recalled that during the Batasan 1984 elections under the regime of former President Ferdinand Marcos, the opposition demanded that they be allowed to nominate a Comelec Commissioner in order to prevent poll fraud and to make the election results credible to the people.
Marcos agreed, Pimentel recalled, and the opposition nominated Comelec Commissioner Mon Felipe. As a result of this, Pimentel said some 50 opposition candidates for the over 200 Batasan seats won in the elections.
Senator Pimentel made the suggestion during the Kapihan sa Senado today. He raised the idea in relation to the coming 2007 elections wherein Opposition candidates said to be heavily favored of wining based on recent survey results on the possible senatoriables.
Pimentel graced the Kapihan sa Senado, a weekly coffee-talk that gives the Senate reporters a chance to interact with senators the important issues of the week. The Senator also gave his opinion on the decision of the Supreme Court on people’s initiative (PI), and its recognition of a sufficient enabling law for the process.
"That is exactly what has been bugging my mind after the decision of the Supreme Court, because it looks like the Supreme Court told the petitioners, ULAP and Sigaw, that the petition is inadequate, but the law is sufficient. Thus, it looks like, that it is possible for the people’s initiative to be revived using the same law. I hope that the Supreme Court meant that the law was sufficient for local initiatives. But, not necessarily for initiatives like amending the constitution, which will affect the whole content, of our basic law. This has to be clarified and my hope is that the people behind the people’s initiative should lay off the proposal until after the elections."
Pimentel also announced that positive progress has been achieved during the bicameral conference committee meeting on the proposed Biofuel bill. He said the proposed law would eventually help pull down the cost and dependence of the country on fossil fuel imports.
On the claim of Speaker Joe de Venecia to pursue Con-ass by Christmas time:
"Haharangin at haharangin namin dito sa Senado yan, unless maliwanang na voting separately. Yun lang naman ang major controversy namin doon. Amending the Constitution by constituent assembly is possible, but ang preference namin sana ay after the elections. Kung ipipilit nila ngayon, mahirapan siguro, because kulang na nga ang panahon. But if you are talking of people’s initiative as a way of amending the Constitution, by let say Christmas of this year, malabo naman masyado.
On the Mike Defensor’s proposed "Unity ticket" and recent survey results:
"That idea, to say the least, is ridiculous. It is not possible for us to fall for it for the simple reason that we will just provide the administration the horse to ride on for purposes of the coming elections. Because for me, it is obvious, and this is the number two reason, that the administration is not able to come up with its own slate. Kaya, without any hope of winning, lalo na sa senatorial elections. If you will look at the recent surveys, for example, I understand that the highest ranking candidate, supposedly from the Administration, is no. 20 on the list. Yung first 19, puro opposition personalities lahat. Now I am only talking of the senatorial elections. I am sure na ang sentimento ng tao against the Administration will spill over to the local, especially on the congressional positions. And this may be the reason why gusto nilang magkaroon ng unity ticket, dahil natatakot sila na pagdating ng halalan for the congressional elections, maraming opposition personalities ang manalo.
On his suggestion to appoint an opposition nominee to the Comelec:
"My suggestion is that the President should consider appointing somebody recommended by the opposition. Because the Comelec is supposed to be non-partisan, but considering the reality of the situation in the Comelec, I think the time calls for the appointment of at least one representative coming or recommended by the opposition."
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23 November 2006
Guest: Senate Minority Leader Aquilino "Nene" Q. Pimentel
Senate Minority Leader Aquilino "Nene" Q. Pimentel proposed the possible appointment of an Opposition representative in the Commission on Elections (Comelec) who will serve as a watchdog in the poll body during elections, a practice which he said was done during the Marcos administration.
"My suggestion is that the President should consider appointing somebody recommended by the opposition. The Comelec is supposed to be non-partisan, but considering the reality of the situation in the Comelec, I think the time calls for the appointment of at least one representative coming or recommended by the opposition."
Senator Pimentel recalled that during the Batasan 1984 elections under the regime of former President Ferdinand Marcos, the opposition demanded that they be allowed to nominate a Comelec Commissioner in order to prevent poll fraud and to make the election results credible to the people.
Marcos agreed, Pimentel recalled, and the opposition nominated Comelec Commissioner Mon Felipe. As a result of this, Pimentel said some 50 opposition candidates for the over 200 Batasan seats won in the elections.
Senator Pimentel made the suggestion during the Kapihan sa Senado today. He raised the idea in relation to the coming 2007 elections wherein Opposition candidates said to be heavily favored of wining based on recent survey results on the possible senatoriables.
Pimentel graced the Kapihan sa Senado, a weekly coffee-talk that gives the Senate reporters a chance to interact with senators the important issues of the week. The Senator also gave his opinion on the decision of the Supreme Court on people’s initiative (PI), and its recognition of a sufficient enabling law for the process.
"That is exactly what has been bugging my mind after the decision of the Supreme Court, because it looks like the Supreme Court told the petitioners, ULAP and Sigaw, that the petition is inadequate, but the law is sufficient. Thus, it looks like, that it is possible for the people’s initiative to be revived using the same law. I hope that the Supreme Court meant that the law was sufficient for local initiatives. But, not necessarily for initiatives like amending the constitution, which will affect the whole content, of our basic law. This has to be clarified and my hope is that the people behind the people’s initiative should lay off the proposal until after the elections."
Pimentel also announced that positive progress has been achieved during the bicameral conference committee meeting on the proposed Biofuel bill. He said the proposed law would eventually help pull down the cost and dependence of the country on fossil fuel imports.
On the claim of Speaker Joe de Venecia to pursue Con-ass by Christmas time:
"Haharangin at haharangin namin dito sa Senado yan, unless maliwanang na voting separately. Yun lang naman ang major controversy namin doon. Amending the Constitution by constituent assembly is possible, but ang preference namin sana ay after the elections. Kung ipipilit nila ngayon, mahirapan siguro, because kulang na nga ang panahon. But if you are talking of people’s initiative as a way of amending the Constitution, by let say Christmas of this year, malabo naman masyado.
On the Mike Defensor’s proposed "Unity ticket" and recent survey results:
"That idea, to say the least, is ridiculous. It is not possible for us to fall for it for the simple reason that we will just provide the administration the horse to ride on for purposes of the coming elections. Because for me, it is obvious, and this is the number two reason, that the administration is not able to come up with its own slate. Kaya, without any hope of winning, lalo na sa senatorial elections. If you will look at the recent surveys, for example, I understand that the highest ranking candidate, supposedly from the Administration, is no. 20 on the list. Yung first 19, puro opposition personalities lahat. Now I am only talking of the senatorial elections. I am sure na ang sentimento ng tao against the Administration will spill over to the local, especially on the congressional positions. And this may be the reason why gusto nilang magkaroon ng unity ticket, dahil natatakot sila na pagdating ng halalan for the congressional elections, maraming opposition personalities ang manalo.
On his suggestion to appoint an opposition nominee to the Comelec:
"My suggestion is that the President should consider appointing somebody recommended by the opposition. Because the Comelec is supposed to be non-partisan, but considering the reality of the situation in the Comelec, I think the time calls for the appointment of at least one representative coming or recommended by the opposition."
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