Sen. Panfilo Lacson

Kapihan sa Senado
w/attys. alex avisado & atty ronald ubaña (legal counsels for ex-T/Sgt. Vidal Doble)
August 30, 2007
transcript


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[hearings will start] the rules of the game will be agreed upon on Monday. I understand Sen. Biazon is scheduling organizational meeting Monday. The chairmen will decide how to go about with the proceedings, the rules of the game, including how to determine majority in voting purposes [electoral reforms will be admin watchdog] I wouldn’t want to prejudge Sen. Gordon. He has showed independence #

[will you play garci tapes] if necessary ... kung wala naman, why play it [to corroborate parts of speech] depends on how things develop. If Doble will identify annotator we have to play the tapes. I would settle for playing those portions that would make the voices of the annotators audible. Kung yan lang kailangan to identify the annotators just to prove Doble was part of the 14 who helped monitor the conversations of several personalities, Garci and PGMA included [how will you field legality issue] may I refer you to the lawyers [avisado] the issue of legality is still up in the air, there are pros and cons whether to use the tapes. For purposes of legality what we showed so far, the tapes are genuine unlike previous reports where they were questioned. What Doble showed so far through his testimony, the tapes in his possession are the real tapes that recorded the conversations of PGMA and former Commissioner Garcillano [illegally acquired] you have a point. But to say it is illegal one has to come forward and claim that was my voice, I am GMA, that was wiretapped without my consent. Garci has to come forward and say that is my voice ... I am charging anyone who used the tape without my consent. We don’t know if Garci or GMA will come forward and say they were the ones whose conversations were allegedly wiretapped #

[chairmen agreed you can play portions – SPML] walang agreement doon whether or not to play. There was no agreement. We didn’t evn tackle that during our caucus [would you push for it] personally di ako enthusiastic about playing the tapes. Kung may necessity for the members of the committee to hear the tapes, we should play it. I myself would move to have the tapes played before members of the committee [is that why from COW to 3 committee to avoid tension with palace] not at all. Some senators were saying ayaw nila ma-hamper ang hearings sa ibang committee. We gave it serious consideration in arriving at a consensus, sa 3 committees directly involved sa issues at hand. Defense, electoral reforms and BR, sila ang directly involved in the issues raised sa privilege speech [still the entire senate] kaya pumayag kami. Defense has 6 members, BR has 7 or 9, and it would not involve the whole Senate siguro mas mahaba discussion. Kaya kami sumama, what’s the difference between the issue being heard by 3 committees with all the members anyway? [nawala ang stigma of ‘whole’] pareho rin. The Senate leadership mandated kami siguro morally, legally, constitutionally to protect the interest of any of the committees. The committee itself represents the whole Senate #

[will inquiry focus on whether isafp is illegally wiretapping] that is 1 point we want to confirm from ISAFP. They threatened to invoke 464 but some personalities mentioned by Doble no longer in executive branch, some already retired. It doesn’t matter. They are no longer with ISAFP but are still with AFP or executive branch, kung invoke 464, we should warn them. SC already ruled on unconstitutionality of 464. Dapat alam ng Malacañang. That’s why Apostol deemed it wise to ask SC, there was a plan to ask the SC ano ang interpretation ng division on 464 [some generals in tapes already retired, can be summoned] Abu, Danga, Kyamko, Garci is no longer with the Comelec. For all intents, he is a civilian now. If a subpoena reaches him signed by SP, pwede siya ipaaresto #

[will doble drop more bombs - avisado] given the chance, tingin ko marami. Ang portions ng tapes na na-forward di lahat. According to Doble marami pang personalities ang wiretapped by ISAFP at the time. And regarding use of the Garci tapes maraming position kami as lawyers, kailangan lumabas muna ang aggrieved party, persons part o fthose conversations, Arroyo, Garci, aminin nila kami yan, wiretap nyo conversation namin, wag nyo play yan o kakasuhan namin kayp. They are the only persons who can invike that right. The DOJ or any other person or some other senators, di sila aggrieved parties, di nila pwede kasuhan at this point unless may admissions muna na si PGMA yan at Garci ang mga nag-uusap sa tapes na wiretapped ng ISAFP [doble credibility] isa rin yan sa tinanong namin ni Atty. Obaña [obaña] based sa several times na Doble went to our office, I can personally say that the statements ewre really true. As far as I can see, nakita namin sa office, from the heart niya sinabi ang statements na yan. Doon sa mga statements niya, siguro mga ilang beses sinabi ang worry niya na pwede siya kasuhan pag lumabas siya, pero nandoon determiniation niya to tell the truth to the Filipino peopke [avisado] 2 years ago he could have opted to quketly fade away. But he also told us he was bothered by his conscience. 2 years ago gusto niya suportahan ang announcement ni NBI Ong regarding the tapes. Nga lang di natuloy ang paglabas dahil according to him AFP kidnapped, particularly Abu, ang pamilya. That kept him from coming out in the open. 2 years after kako maraming magdududa sa iyo, ngayon napakadetalyado. Sabi niya bahala na, alam ko maraming magagalit at matatamaan kung yan ikagagaan ng loob ko sasabihin ko lahat #

[how high did the orders go - avisado] if you notice sa interview hindi Q and A, it was free-flowing para makuha natin ang comfortable in revealing sensitive disclosures. Sabi niya, once kaharap siya, di pa lahat siguro sinabi sa amin. Di pa lahat. Marami pa siya sasabihin once he comes face to face with a panel interested in the issue. Maybe he can really say gaano kataas, kung sino ang nasa likod at nag-utos na wiretap si GMA. Nagulat din kami, included si Defensor. So kung purely opposition lang, medyo somehow consistent. Pero kung titingnan mo sa interview may nabanggit, Defensor and other persons na di kalinya ng opposition [spml] di mo nasabi kung taga-Ermita? [avisado] confirm kung under oath na #

[doble witness for sale - avisado] una, if you talk to Doble, di kailangan ng spokesman. Kami di kami haharap dahil di kami kailangan. He can answer your questions directly, you can gauge whether nagsasabi siya ng totoo. As far as we’re concerned he’s not a professinal witness. Fro our years of experience makikita mo kung nagbebenta ito ng testimony. Kaya rin referred sa amin ni SPML, for us to gauge his demeanor, kung suspicious kami. We asked him probing questions. Isa lang din, it was not a 1-time meeting with Doble. Series of meetings yan with the lawyers, makikita consistency niya. He went to our office at doon kinausap siya [obaña] kung witness for sale siya di siya kakabahan. Nariyan ang kaba kung nagkukuwento siya, until such time nakuha namin at least partial ng story niya #

[where is sammy ong - spml] I have no idea, I have no dealings with Atty. Ong ever since. Wala akong idea who has him, under whose custody [matagal na siya di surface] Sen. Biazon has an idea. He was telling me he knows how to get in touch with Ong. He might be present in 1 of the hearing [ermita behind wiretaps] it’s purely speculative on my part. Why Defensor? Aside from Garci he’s the only odd man out sa list. We should go further than that. We should analyze why Defensor. Siyempre sino ang posibleng nakaaway niya sa Cabinet within the circle? Di ba may rift sila? That’s speculation, don’t take it seriously [cabinet level] another basis for that speculation, sino possibly malapit kay Danga? Doble mentioned Danga in 1 interview. Kanino possibly pwede mag-report si Danga? Remember, pag may intel operation, broken ang chiain of command. There’s an informal chain of command followed, no longer from NCO to superior or chief of office or branch. Di na gnaoon. It’s common knowledge among intel community na pag may special intel ops, yung chain of command doesn’t matter [need to know] compartmentalize sila. Di susunod mag-report ka sa CS, pwede ka dumirekta sa SND who at the time from 2003 to 2005, 2004 after elections Cruz was appointed, but whom did he replace? Di ba si Ermita? Sa thick ng ops, Ermita was SND #

[through doble ma-pinpoint sino mastermind] I’m sure if you ask Defensor that same question who do you think would gain from wirtapping you? I can venture a wild guess may sasabihin siyang pangalan [patawag defensor] di ko alam, depend sa members. I don’t think it’s necessary to call him. It depends how things will develop later on. Sa ngayon I don’t see the necessity. If you want him called, we will call him [danga gave order?] a comrade? Maybe a higher authority close to him [from military] military or civilian. Sino pagkakatiwalaan kundi ang ka-close sa military who has position, wherewithal and guts to do it. Si Danga at the time was J-2, staff in charge of intel. At 1 point concurrent pa yata ISAFP as far as I can recall [executive had hand] not institutional. There’s no way for PGMA to know about the op, she was a victim of the wirtap by accident because she called one of the objects of the op [a clique] it could be that. But at this time it’s speculation, based on the circumstances sa wiretap, mga personalities involved. Doon makakabuo ka di pa conclusion but opinion sino ang possible may kinalaman. I don’t think yung responsibility would stop with Doble and company. 14 sila NCOs, they were reorting to senior officers, Sumayo, Rebong, Sagge. Sumayo was MIG-21 commander technical intel group. Who was ISAFP chief? Marlon Quevedo #

[garci got phone] yes, Zuce testified ganoon ang pangyayari. It is wrong to say GMA was wiretapped. It was Garci who was tapped

[objective of hearings to find out who mastermind is] no, to come up with remedial measures. I already intimated to Sen. Biazon one of the ojectives we will look at, how to strengthen oversight committee on intel. Meron tayong oversight committee pero di nagfu-function. In the US napakalakas ng oversight committee on intel. It’s exe-legislative mix. CIA director, congressional oversight members. Sila nagde-determine how intel funds are to be spent. Dito hindi. Pag intel fund nobody can look into how the funds are being spent. Close ang audit dito. But 1 positive outcome nitong investigation could be that. The oversight committee on intel could be strengthened, exe-legis. Isa yan sa tinitingnan natin #

[prospects of doble na malagay sa WPP - avisado] I think that would be a personal decision and tough decision to make for Doble. Kailangan may tiwala siya sa magse-secure sa knaya. At DOJ may irony. We filed criminal cases vs Garci and these were dismissed by the DOJ saying di naman namin na-prove na umalis si Garci, fake ang recordings, walang lumabas to authenticate. Isa rin yan sa sinabi bakit ngayon ka lang lumabas, dati walang authetnticate. Sabi niya sana maintindihan mo ako, noon hawak ng AFP ang pamilya ko. Kaya we believed him, under threat family niya. Ngayonif and when he decides to apply to be admitted to WPP of DOJ, it will be a personal decision. But I don’t think papayag siya #

[ermita to be invited - spml] sabi ko wild speculation #

[lighthoues project willing to testify- avisado] dati sabi niya pero takot, di tulad niya naglakas-loob. Lumabas na si Doble, di nag-reenlist sa AFP pero karamihan sa kasamahan sa Lighthouse active pa rin sa AFP. We don’t expect pag active member ka ng AFP testify ka vs kasamahan mo. So far siya lang [doble testimony needs to be corroborated before it can stand] not necessarily. If the testimony before proceeding is credible it can be materially corroborated by some independent evidence, his testimony will stand. Una doon, based on credibility. Testimony niya detailed. Sabi niya ano mission nila, sinabi rin ilang teams bumubuo, ano ga respective assignments nila. Based doon doon natin nakikita sino nag-annotate, sabi niya kami yan. Ikaw ba nag-annotate? Opo. Sino sa Lighthouse naka-monitor nang tumawag si GMA kay Garci. Sabi niya very clear, ako yan. Based on these declarations very categorical statements niya, tending to prove genuine ang Garci tapes at may conversations between GMA and Garci [1 of the annotators need to corroborate] tama yan. That’s in the works sa ngayon. We are hoping pag nauna si Doble may maglakas-loob para sundan ang sinabi. Ginagawa ni Doble sinusundan niya unang announcement ni Ong. Sinasabi niya pinapatunayan niya may Garci tapes. Sabi ni Ong this is the mother of all tapes, yan ang galing kay Doble [you need lito santiago too] baka di na po. Footage kasama si Ong at Doble punta sila San Carlos, sinundo siya ni Villegas. Participation ni Santiago as confidant of Doble might not be that material sa investigation #

[threats to doble] maraming threats. Yun nga lang alam niya rin yan ang kapalit ng paglabas niya. Sa dami-dami ng matatamaan maraming mabigat na tao na involved na sinabi niyang wiretapped, marmai ring makikinabang kung ma-silence siya as part of damage control. On a day-to-day basis nagdadasal siya. Sana he will live long enough to testify [nature of threats - spml] ibang threat sa dyaryo, makukulong siya. Ang nakakatakot walang threats. I told him you should worry more pag walang threat ka nakikita pinagpaplanuhan ka. But as long as open ang threats, nakaka-assuage ng kaunti yan #

[other witnesses - spml] he is the Senate’s witness [may iba pa] yes, yes [sino/ilan] siguro ipapatawag, may nag-move papatawag galing service provider. It seems sa ngayon si Rebong ang lumalabas na conduit, as per Doble’s statement si Rebong or someone higher nag-coordinate. It was Rebong who gave them the Nokia 3600 phones na preprogrammed #

[you have to invite garci] depende sa committee. I cannot say at this point. Sa ngayon di pa rin kailangan [parts of televised hearings in house, when escudero asked him if he knew garci, he said he does not and if you refer to me as garci I will not answer you] in the first place walang direct encounter si Doble kay Garci except through the tapes. Let’s see. I don’t want to preempt the committees. Sa organizational meeting more or less ma-decision sino ipapatawag [if garci denies he was on the tapes, where do you go - avisado] mas maganda yan, we can proceed with playing of the tapes para mapaliwanag in detail in Doble ... sino ang ibang tumawag, ano pinagusapan. At least from there, maybe medyo makakahinga tayo nang maluwag walang threat of violation of the anti-wiretap law [garci was told to go to greenhills, bong pineda gave him cell phone - spml] this is wide open. Kung saan pupunta ang investigation susundan namin yan. There are things we cannot control in the course of the investigation. We’ll proceed from there kung saan pupunta #

[abalos got perks from zte - spml] doon mo makita ang lawak ng web gaano ka-influential ang Malacañang or some department, at least over the chairman. May disenteng commissioners na di ma-control ng Malacañang. Bakit nakikihalo, assuming totoo kay Cong. Padilla, bakit nakikihalo sa transaction ng DOTC ang Comelec chair, so much so that if you remember, anak ni Mendoza was also a candidate and won a congressional seat in Batangas? Bakit Comelec chair nakihalo sa transaction which is purely executive? That’s a $55m question #

ambush

spml

08-30

[intel funds] it’s about time that we should not really control but at least oversee all these intel funds being allocated. We have the power of the purse and we have oversight functions. Baka ito yung magandang isang positive outcome ng hearings, ang sa intel and intel funds [how high does it go] we can only speculate at this point. May nakikita tayong opening to find out who the masterminds are [speculation is ermita] I was only basing it on the personalities involved in the wiretap operations sa nag-o-operate at sa receiving end like Defensor. I’d like to ask Defensor that same question. Who do you think would be interested to find out kung anong activities mo during those times that Lighthouse was being implemented [defensor] ang mag-substantiate niyan if someone in the know would point to him. There could be circumstantial evidence that could prove sino ang mastermind [gma mastermind] no way. Kung siya, di siya tatawag. She’ll just call for Garci to talk to him personally [close relative of gma] if it was a close relative of GMA he should have warned her not to make a conversation [if it was ermita, what would he gain] first, sa camp ni FPJ, counterintelligence. They would want to find out ano plano sa election and find out kung may slip na lalabas sa campaign strategies and kung may makitang dirty tricks or plans to say also participate in rigging the elections, that could also be an explosive issue against the camp of FPJ [defensor connection, nadamay] nandoon na rin lang eh. Magwa-wiretap ka rin lang, may capacity may capability so mag-iisip ka sino ang pwede natin wiretap [inside job] apparently this exposes the rift between or among Cabinet members if at all sa circle ng pangulo kung sa Malacañang ang nag-mastermind ng wiretap. Iniisip kasi natin, why Defensor of all people? He’s known to be very close to the president. Bakit siya nasama doon [so mastermind is in gma circle] I personally believe it’s within the circle of the president. It’s obvious na ang ... kaaway niya. Alangan taga-opposition ang mag-wiretap noon [betrayal] it’s a betrayal. Kasi kung may operation, at least if you’re close to the president and if you’re a member of the Cabinet you should at least have informed the CIC or President, ma’am may operation tayo. Of course may deniability yan, silang 2 nag-usap, sasabihing walang ganoon. Tapos be wary about using phones or cell phones. Bakit di informed si GMA? Clearly betrayal yan [close allies to blackmail her?] that’s also a possibility. Alam nila may ganoon alam nila nakatawag bakit di disposed ang tape? But naisahan sila ni Doble. Aside from the raw tapes na sinasabi nilang ibibigay sa immediate superior nagtabi sila ng master tape [gma could not be held liable for wiretap] she cannot. For cheating, di ba? But we’ve gone past that era sa impeachment. We’re not after impeaching her. Personally I’d just want to have closure to this issue. We’re not really after the necks of anybody #

[patutunguhan nito, reduction ng intel fund] not necessarily but yung oversight. Yung procedure, yung control ng paggamit ng intel funds. Di control but a very strong oversight function of Congress [identify sources of funds] dapat kami mag-determine ng intel fund ng agency na ito dito ninyo gagamitin. Parang itemize na natin. Di pwede sa illegal activity dapat gamitin ito sa possible, not necessarily specific projects. But anong direction ng intelligence function ng government [at end of year, pwede audit] hindi, kasi no-audit. Pero at least ang pag-allocate at paggamit, pwedeng from time to time ma-oversee ng executive-legislative oversight committee kung paano ginagamit. At saka kung anong projects, ano ang progress ng intel operations on certain matters [people will be held accountable this time] I think some people will be held accountable this time because may witness, dati walang nag-testify except ang tape na kinukwestyon pa #

[will you insist on a committee report this time] yes. Kailangan may closure, may committee report [individual report] the 3 committees will come up with 1 joint committee report except when 1 or 2 committees would not conform or agree with the main committee report. So gagawa sila ng parang dissenting opinion or a separate committee report kung may contrast. Kung ma-agree-han isa lang ang committee report. At the end of the day sa plenary bobotohan namin which to adopt #

[afp clique to have continued hold on gma?] kung ganoon dapat wiretap nila si GMA #

[norby to be witness, as per biazon] according to Sen. Biazon he would want to invite [is norby material] in his view, yes. Pero ako, manggugulo lang yan #

[mastermind is part of clique sa palace, very close to gma, with ties to military] at least more or less clearly ma-establish natin somebody ang rift sa Malacañang and sino ang responsible may control sa military. Kung wala di ka pwede mag-order kay Danga, or at least clear sa kanila dagdag mo ito [so former military man ang mastermind] sa mga nag-implement at mga target meron siyang something to gain out of sino ang tinatarget. Nakakapagtaka bakit halo si Mike. Defensor did not deny he was wiretapped. Parang sabi ko nga, yan nga #

[betrayal] talagang betrayal eh. Kung sino ang nag-mastermind he didn’t care at all kung mapapahamak ang presidente [so mastermind is part of clique] posibleng within the circle. It could have been precipitated by a clique or rift among members of the inner circle. And he should be someone who has influence over the implementers. May ties sa military [former military man] ... [can defensor be charged] no, object siya ng wiretapping eh. Ang susi to find out who the mastermind was, si Danga. Siya lang ang pwedeng link [why was garci the medium] si Garci, counterintelligence yan. They knew or at least the mastermind knew Garci was contracted to perform mischief sa election. They wanted to make sure he was doing his part of the bargain religiously. Kasi kung niloko rin sila ni Garci may kausap sa kabilang camp yari sila. Actually itong wiretap is basically a function of counterintelligence. Of course intel din pero kung wiretap mo kakampi mo, counterintelligence yan [will you cal danga] I think he should be called [arrest] depends on consensus of the committees [should gma watch her back] the president should always watch his or her back all the time. Ganoon talaga yan [will you call SND at the time] oo, pwede, especially kung may indications. Of course, the SND alam natin has control over the AFP [tatawagin]

[gma says she has a country to run, says economy up] poverty is still at a very high level. I don’t know where she’s coming from, her basis for saying umaangat ang economy #

Kapihan sa Senado Excerpts
Guests: Sen. Aquilino Pimentel and Atty. Howard Calleja (PPCRV)
July 12, 2007



On the action/reaction of PPCRV after filing all the related-complaints, violation and election irregularities before the Comelec:

Atty. Calleja: … as far as the PPCRV is concerned, we are not here to say that in the scale of 1-10, ganito ang performance ng Comelec, ganito ang performance ng election, but we leave it up to the people. What we are saying is what defines the election is not whether the opposition, or whether or not the administration, or whether or not Koko or Migz would win. What would define the election is the process. What the PPCRV is concerned is that the defining moment is that the process of the elections, is kung papano po nangyari yung proseso. As far as we are concerned, we are glad that the comelec conducted the elections. It was successful in holding the election. Now, whether or not it was clean, honest, accurate, meaningful and peaceful, we leave that up to the Filipino to decide. What we are saying is that there are a lot of election irregularities that we have seen. There are a lot of violations that we have seen. And after this 2007 election, we would like now focus to electoral reforms towards 2010, and that the incoming vacancy, there is one vacancy in the comelec, and incoming vacancy by next year, I think it would be four vacancies that hopefully the ones to be placed in the position, would be people of competence, intelligence, honesty and credibility. So, dun po muna po ang PPCRV, at saka we have also made a call to hopefully respect the decision of the supreme court. At yun na nga ang ginawa ng comelec, at kami po ay masaya n asana nga sabi naming bago magkaroon ng decision dito sa 2007 elections, magkaroon muna ng tuldok dito sa Maguindanao issue. Kasi yun na lang ang question natin. So, I think sa magiging discussion sa korte suprema bukas, sana tingnan natin kung ito’y matuldukan kung ano ang magiging decision doon. So yung development na yun, kami po ay masaya at siguro that would thresh out a lot of issues by tomorrow.


On the position of PPCRV when complaints and reports not acted upon by the Comelec:

Atty. Calleja: …we have made a decision a long time ago that we would not file any protests. Because once we file a protest, we would take out our non-partisanship because we might be favoring one party or one individual or one candidate from the other. That’s why, what we are concerned as I said is the process of the elections. And as far as we are concerned, maybe what we can do, for example if there are election violations, or election offenses. What we have given recommendation for example, yung ke bidol we have already given our recommendation for the charges to be filed by the comelec for his election violation.


On expected outcome of the oral argument that will be held in Supreme Court tomorrow, and fatherly and legal advises given to Koko Pimentel:

Sen. Pimentel: na banatan na pati yung referee. Hindi pupwede na pasikut-sikot na usapin, para bagang hindi kasali ang comelec. Kasali ang comelec dito sa mga anomalya sa maguindanao. Hindi mangyari yung anomalya sa mindanao without the complicity of the comelec. And so when the talk about disenfranchisement of the vote, the answer to that is disenfranchising the vote would be, you might say unfair if the votes were really validly counted and cast. The truth of the matter is that, there are many circumstances which appear to be isolated. But when put together, would constitute a web of circumstantial evidence to demonstrate irrefutable proof of wrongdoing and anomalies in Mindanao...


On the contribution of automation to electoral reforms:

Atty. Calleja: unang-una, dun sa proseso ng computerization, hindi po kami naniniwala na ito po yung cure-all sa lahat ng problema ng ating eleksyon. Although, it would be a major step towards the right direction. Maganda po na maging proseso po ng computerization, pero, sabi ko nga, kasama sa ating pag-move forward mula sa 2007 to 2010, is in addition to computerization, dapat yung electoral reforms natin. kasama na dito sa electoral reforms na sinasabi natin yung mga election spending, yung pagbigay sa mas mabigat na parusa o pangil sa election law violations...in addition to the automation, electoral reform is important…

On seeing the electoral battle between Migs and Koko reaching the Senate Electoral Tribune:

Sen. Pimentel: that really depends on the party who might not be proclaimed by the comelec. That’s an option that is left. But having gone through that route myself, and for so many of people who had been unjustly victimized by the anomalous electoral processes followed by the comelec, usually, they would wind up, if they are proclaimed at all, a day or two before the adjournment, the final adjournment to the term of office to which they had been elected. ..in most of the cases the resolution does not even come at all until …by circumstances beyond the control of the parties in interest. Incidentally, the battle is not bitter between migz and koko. It is only exciting.

On the unimportance of the immediacy of proclamation of the 12th winning senatorial candidate:

Atty. Calleja:...it is not who wins, whether migz of Koko. It doesn’t really matter. What we are concerned or what defines PPCRV is the process of the election. As we see the senate can function with or without the proclamation of the 12th senator, at this point, that would lead the senate with 22 members. One being vacated sen. Lim. So that would not in any way limit the actions of the senate. What we are concerned is a truthful election, and a truthful result comes out. We are not here for a quick count or a quick resolution. But an accurate resolution. Meaning , as you said a while ago, even if it would be proclaimed during the interim of the present congress, then that would not matter. What would matter is that the true will of the Filipino people comes out.


Sen. Pimentel:.. I support the PPCRV stand, regardless of my relationship to my son, what is important here is that the true expression of the will of the people is respected. Di pupwede na you twist the will of the people and favor one who should not sit, over one who should be there legitimately. So I support the ppcrv stand on this regard, because that is what free elections are all about in a democracy.



On the status of jockeying for senate presidency:

Sen. Pimentel:.. there is no change in the developments, as of now. Apparently manny villar has successfully enticed 2 GO senators, namely chiz escudero and alan cayetano. And if his alliance with the incumbent administration senators holds true, then he has the majority. And judging the statement of my colleagues from the opposition, we are going to stick it out as an opposition. Not only to the senate administration but to the government administration as well. Where we will continually bring the issues of corruption, extrajudicial killings and the rule of law before the bar of public opinion.


On the prospects of both the senate majority and minority coming from the opposition:

Sen. Pimentel:…I don’t know about the senate leadership whether they will stick it out with the opposition. I really don’t know ..(the fact that the Senate President ran under the GO??) ..but you know very well that changes take place from day to day in this set up. You wake up one morning, you are no longer with the opposition but with somebody else. So, that depends on what manny villar will do. Really. In all honesty. (and you will be the minority leader??) that’s what my block want me to consider to continue acting as the minority leader. (how many numbers do you have on your side??) as of today, the count is roughly 8 opposition block members…many things can happen, between now and the opening of the session. So, only the morning of july 23, will deliver the final message to our people , on how the leadership of the senate will shape up.


On the implementation of the Human Security Act:

Sen. Pimentel:..i think that it is folly on the part of the government to insist on implementing the anti-terror bill two months after the last elections. That’s what the law provides. The affectivity of the anti-terror bill two months after the elections, is conditioned on the happening of many things. One, publication in the print media of the entire bill, entire law, not only in the three major national newspapers, or newspapers of national circulation, but also in newspapers of regional circulation, using the dominant language of the communities concerned. Meaning to say, kung sa cebu yun, publication should be in cebuano. Kung sa Iloilo, hiligaynon. Kung sa waray, waray din. Etc. and so on, down south. As well, as up north in the ilocos region. Now, marami pang kailangan therefore, bago, maimplement yung batas na iyun. Secondly, there is also a requirement of the broadcasting the principal points of the law over national television and national radio stations as well as over local radio stations again using the vernacular, the common language of the community. The idea is to ensure that every aspect of the law is fully understood by our citizens. Then thirdly, there is another requirement. The actuations of the anti-terrorism council as well as the law enforcement agencies are subject to review by the appropriate division of the court of appeals designated by the supreme court to be the anti-terrorism courts supervising each implementation. And that division of courts of appeals has not yet been designated by the supreme court to my knowledge. These are the three possible roadblocks to the implementation of the law by july 15….and there is no need for an IRR. The IRR is not a requirement of the law. A law without IRR does not make the law invalid…

On moves to amend the HSA in the opening of 14th congress:

Sen. Pimentel:..i am not aware of that. But there are criticisms coming especially from NGOs, and the threatened sectors of the society, and this should be welcome. I don’t even mind if the law is totally scrapped. Who cares about this law. The thing is that the acts which are prescribed in the human security act are already punished in the revised penal code. So it is not true to say na kung wala yung human security act, hindi mapunish yung mga terorista natin.

(end)

Kapihan sa Senado EXCERPTS
May 31, 2007
Guest Speaker: Atty. Adel Tamano, GO Spokesperson


On Mike’s decision to concede:

Atty. Tamano: My hat’s off to you. What you did was a classy thing. It shows that you have love for country, and that you want to protect the electoral process. Congratulations Mike. Although you may not have risen in height, at least in my eyes, tumaas ka. In stature at least, tumaas ka.


On Migz Zubiri:

Atty. Tamano: …I heard it from some media saying, if he gets in, that just by his getting into the Magic 12, the opposition would cry foul, and claim that he cheated personally. I wanted to tell Migz, face to face, from what I have heard about him, I heard that he is a gentleman, and from what we have seen, he has ran a clean campaign, so the best of luck to him. We still of course prefer that our candidates be in the magic 12, but if there was anyone, on a personal note, if there was anyone from Team Unity that I would prefer to make it into the magic 12, it would be migz.

On the “faceless” witnesses of GO against alleged massive fraud campaign especially in Mindanao:

Atty. Tamano: First, hindi sila faceless. The reason why we cannot show their faces, is because they fear for their lives. Some of the reporters were here when we presented our witnesses yesterday, these are board of election inspectors from maguindanao who saw the cheating first hand, and these reporters who are here, they can really testify. I think you saw the same thing that I saw, that they were shaking. Natatakot talaga sila for their lives. and yet in spite of their fears, inspite of the fact that they knew that they were putting their lives in danger. They have stepped forward to tell the truth about cheating. We from the opposition we have not offered them anything in terms of money or promises, or even protection, as a matter of fact. I think it demeans them when we call them faceless witnesses, because in fact they are very brave. And we did try yesterday to present them to the comelec. Ang problema lang, hindi pa pumapayag yung comelec. We want to present them in what is known as in an executive session. Which means, wala pong media, wala pong ibang outside parties. We wanted to do that , so we can protect their identities. But, hindi pa po pumapayag yung comelec. But we are still hopeful. The reason we want to present them to the comelec themselves, is for them to see from the testimony and the words itself of these witnesses, what happened in maguindanao and the cheating that happened there. And to really prove, we are rising to the challenge of the comelec that we are presenting our evidence on cheating. Hindi lang po lahat puro political hot air , so to speak.

On Koko Pimentel’s filing of charges before the comelec:

Atty. Tamano: …ang lead counsel namin is atty. Boy brillantes, but we are all helping atty. Pimentel. I cannot say, in all frankness, I cannot say that all of the legal moves of atty. Pimentel are sanctioned by atty. Brillantes. That is something for boy brillantes to decide. But what I can tell you as a matter of fact, is hindi lang po si atty. Brillantes, even the lawyers of sen. Ping, the lawyers of sen. Loren, all the go lawyers are helping atty. Pimentel with his case. These witnesses actually, lumapit sila ke sen. Ping, and inspite of the fact that they are actually, we can say that they are witnesses for sen. Ping, and whatever petitions that he will file, the affidavits that they executed, as far as I know, will also form part of the petitions that atty. Pimentel will file. Now, I just want to take note that electoral sabotage, that is a new offense under Republic Act 9369, and this is punishable by life imprisonment. This is a non-bailable offense.

On early, partial proclamation of senators:

Atty. Tamano:…we’ve been pushing for partial proclamation. We feel that if you have a partial proclamation, that will diffuse a lot of the tension. And on our side, the genuine opposition, and also I guess the team unity, can focus in protecting the vote of the last who will come in. now, team unity keep on saying that there are about 5 million votes pa to be counted. Actually that’s bit inaccurate, because hindi naman 100 percent turn out eh. Kung mga 70 percent o 60 percent turnout, we’re just talking here about of 2-3 million votes. And I think that with that as a backgrounder, we can already have a partial proclamation of those candidates that are sure winners.

On other candidates from either GO or TU to follow the act of Mike Defensor in conceding:

Atty. Tamano: …I actually advised not just the losing GO but also the losing TU candidates. For example, Sec. Defensor was no. 15 for the last count, maybe those lower than him, such as pichay and the others, it would really be a classy thing, a gentlemanly thing or gentlewomanly thing to concede. Kasi po, what we really want, and tama yung punto ni mike na on the ground, there may be some supporters, who will do, and these are his words. His supporters might do acts that are inimical to democracy and against, paraphrase ko na to, against proper or correct electoral process. So minsan kasi, hindi na yung mga kandidato ang nandadaya, but rather those who support him, or those who are allied with him. And so para madiffuse to, and to fight against cheating. Those who really do not have a statistical chance whether GO or team unity, they really should do the gentlemanly thing and concede. I think it would be an act of statesmanship, and I think all of us would really say, even as they admit that they have lost the race, we would all take off our hats and say, ang galing nyo.


On Sonny Trillanes’ petition for bail in order to perform his duties as a senator:

Atty. Tamano: I’ve talked with his people, and some of his lawyers, they have already filed a petition for bail. As a lawyer myself, I feel that the petition should be granted, because one of the basis for not granting bail or the real reason why you do not grant bail is because of the flight risk, na isang akusado might run away. But you know, if you are a senator of the republic, it is one, why would you run away. No. 2, san ka tatago? With the media following you and with your supporters, all over the country. It would really be difficult to hide. So I think as a legal matter, there really is a basis to grant bail to trillanes. On another point…there is a historical precedence, where senators are placed in the custody of the senate president. So , manny villar can take legal custody of sen. Trillanes, and thus he will be able to perform his duties as a senator of the republic.

On the effect of the Lanao vote:

Atty. Tamano:…yung lanao vote, the last couple of municipalities and towns, that’s about a hundred thousand plus votes . and yes it will affect the, maybe, 10th to 12th. but lanao del sur, my own expectation, cause I was there a couple of weeks before the elections. I went around. I am a maranao and I am from there and I campaigned for our candidates there, I think we will be quite surprise, we are gonna see a lot of genuine opposition candidates in the magic 12, as a lot of people were surprised in marawi city when they were doing the canvass . it was 7, 7 genuine opposition candidates who got in…

On the call of Sen. Lacson for Com. Sarmiento’s resignation:

Atty. Tamano:… the consensus from the candidates, that I was talking to, they join sen. lacson’s call for comm.. sarmiento to resign, Because of what happened in lanao del sur, in regard to the custody of the ERs. my own interpretation of the custody of the ers, I really feel that, this is contrary to the position taken by the comelec, I really feel that there was a violation of the change of custody of the ers, and I really feel that there was a violation there. in the legal community, comm. Sarmiento really does a have a good reputation, not just as a competent lawyer, but also as a good person...that person for me, and a minority in the opposition, that is our..yun ang conflict. On the one hand, there seems to be a technical violation, yet on the other hand, sayang din si sarmiento, dahil he is such a decent guy. So, me personally, I am conflicted and there are some people in the opposition who still feel that he can still adequately do his job. But I will admit, that there is a group that supports the call of sen. Lacson for comm. Sarmiento to resign. And I think there really is a basis.

(end)

Kapihan sa Senado
May 24, 2007
first part Guest Speakers:
Mr. Damaso* Magbual, Namfrel Dep. SecGen
Atty. Howard Calleja, PPCRv Legal Counsel



**Excerpts from around 11:00 – 11:45 am only
***photocopies of statement of facts re May 14 elections were distributed by mr. magbual


On the cause of delay in NAMFREL counting:

Mr. Magbual: there are two reasons. One, you are counting, with Namfrel, what you call election returns. You have 224,000 of them. In the case of the comelec, you count what you call certificate of canvass. So you have 200 pieces of that. So 224,000 as against 200 pieces. Mr. Go. Admitted on day two, so I should be in liberty to say it, Mr. Chairman, Mr. Go admitted that our reason for the delay was, there was a problem with the system that was being used in La Salle….the idea of the new system, incidentally I was part of the conceptualizing, at least, we gave that to the IMI, this is an Ayala company in Laguna, and they were supposed to do it. They did it. When there was this new group. They made changes, and that was the start of the problem. The system was supposed to be this. From the municipality, it is encoded in computers, sent by emails, it goes to the server at La Salle. So there should be no more encoding in La Salle. So with 90 per cent that were supposed to make electronic transmission, the quick count should had really been a quick count, maybe, could have been finished in less than a week. Because there were only, ten percent of the provinces were not, what they called, connected, like kalinga, apayao, siquijor, these were the ones that were supposed to use …so something went wrong in the system, they had to send it by fax, they had to make adjustments for those who were making electronic transmission, so you have what, two-three days wasted.

On the continuation of the “slow” counting:

Mr. Magbual: The slow count will continue for as long as there are election returns to be tabulated, to be counted…namfrel will count all the returns that it retrieved. provided, one, that you can read them. provided two, there are no material defects in the returns. The reason why namfrel never succeed in counting 100 percent, incidentally, there is not any election wherein the comelec counted 100 percent….three reasons why namfrel cannot make a complete count. One, there are returns we cannot read because we get the 6th copy. It’s blank, simple. About 70 percent of returns are like that. There are returns that have material defects. Let me cite you what I mean material defects. If you look at the data and the voters, it says there, voters who voted, 140. ballots in the ballot box, 187. how can you have 187 ballots inside the ballot box when only 140 people voted. So you have a classic case of ballot stamping already. So we set it aside. You do not count it because the return has no integrity. Or let me go to Maguindanao. Supposing the comelec will now give us the Maguindanao election returns. Do you think we should count it. No we should not. Because we were not a witness to the counting. And how can you therefore certify to the integrity of the count. So we will not count that. So, one, some are not readable. Two, some have material defects. Three, we failed to collect the sixth copy. And as many as three percent count on that.

On areas where Namfrel did not get its copy:

Mr. Magbual: In Maguindanao we did not receive a single copy. We were banned from entering. We did not go the precincts in maguindanao because the counting in maguindanao, because of peace and order condition supposed to be, under the comelec law, under the election law, the comelec may designate what you call a counting place where it means will guarantee the safety of everybody. So the counting was designated at the capitolyo. So when our volunteers go there, so that one, they can witness the count, two they can get the copies of the election return, we were not allowed inside. So we did not receive a single copy.

On the claim of the police that the 2007 has been the cleanest and most honest election:

Mr. Magbual: the police say it is relatively peaceful because the number of casualties had gone down. So they look at it as statistics. Mere statistics. I think that when we say that the last elections was peaceful simply because the number of casualties we have is lower than the previous election, I think we are lowering our benchmark or parameters in assessing what makes up a peaceful election. 150 casualties who died, and you call that peaceful, I cannot agree with that. We have not suffered any casualty with namfrel for the past few elections. This time, we had a casualty, and he’s still at the hospital. In abra, one of our volunteers, accompanied the BEI from the treasurer’s office to the precinct with the ballot box, the election paraphernalia, and they were sprayed with bullets. He was hit at the head, and he is still recovering at the hospital.

On segregating the Maguindanao COC’s pending investigation by newly-created Maguindanao Task Force, instead of declaring a failure of election in the said area:

Atty. Calleja: …we are asking that the COC of Maguindanao, which is already in the PICC at comelec hands, to be segregated first prior to be counted. And then after the investigation, then we make a decision, whether or not such should be counted, if it would warrant a failure of election, if it would warrant a segregation of the votes, then that would be depending on the outcome of the investigation. We cannot say for now yet what would happen. With regards to the task force, I would repeat the call of the ppcrv that we include in the task force the watchdogs, meaning the ppcrv and the namfrel, to be an active participant in the task force, and not only mere invited to be asked of what happened. But actually, to be given the opportunity to join the committee or this task force to ask questions with the teachers or with whoever would be invited. And also yung mga senate reporters, sana dito sa executive committee, Yung kapag nag-executive committee, walang pangalan, walang affidavit. Walang lahat basta gusto lang malaman ang katotohanan. Yan din sana ang minumungkahi namin sa comelec. Kasi mahirap naman na tanungin yung mga tao, at hingin ng affidavit…..so we are saying, we are hoping that in this task force, instead of pressuring us to bring out our witness, or to give an affidavit, we would present such witnesses and additional witnesses, other witnesses, in a sort of executive session Where there is secrecy, or their identity would remain safe and secure as far as they are concerned.

On the roles of PPCRV, NAMFREL, et al as watchdog elections, and their claim of absence in Maguindanao:

Atty. Calleja:…what we are saying is that we are the watchdogs to help the comelec. We are not here to discredit the elections, nor to discredit the institution. What we are saying is that by the mere fact that we were not allowed to be present to see if the elections were transparent, the process of this election, in those specified provinces, or municipalities, to our mind, is lacking the necessary electoral procedure that was supposed to happen in this election. And that being the case, if this is not in the procedure, so we are saying, there might be some lapse that maybe might warrant an investigation and if so might warrant a failure of elections, depending on the investigation. (so the absence of the watchdog) is what the investigation would determine. Because we cannot jump to the conclusion that we are not there, it is fraudulent. But what we are saying, if we were not there, we would like to come in to see whether or not there was indeed, elections.

Kapihan sa Senado Excerpts (first hour only)
May 17, 2007
Guest Speakers: Tonypet Albano, TU Deputy Spokesperson & Adel Tamano, GO Spokesperson


On the so-called unauthorized media quick count establishing a trend:

Tonypet: For us, we are not hitting the media per se, but we are finding the fault that if you can see the media surveys, the exit surveys that they were conducting, one they do not report where the election returns that they’ve gotten the numbers are from. Second, the distribution of percentage of electoral returns that they’ve gathered is not proportionate to the voting population of the whole Philippines. …what if now, it is coming now that there are more than 12-0, that are coming out, and that in major cities and major bailiwicks that we have, it’s a 10-2, 11-1, 8-4, and when the election results later on will not tally with the immediate quick count of the major networks, people will cry and say that the administration cheated, which is very much unfair for us.

Adel: …the track record of these polling companies, and track record of these quick counts, historically has been quite accurate, and you know just because it doesn’t favor one side, it seems unfair for that side to cry foul. When in 2004, that side was saying OK yung mga quick counts, cause it showed that they were winning. I think we just have to be consistent. For us in the Genuine Opposition, these media giants, they are doing their quick counts, we feel, as a service to the Filipino people. It is a public service, because the people want information…


On defending 12-0 /11-0 claim to victory of respective parties:

Tonypet: ..this will bear out later on, we are ready to defend, especially if we have the election returns. That’s why we cannot truly announce the numbers right now, and the actual number of voting, kasi wala pa ho sa amin yung election returns dito sa manila. And most of these areas are far-flung areas, sa Mindanao, sa Visayas. Salamat nga ko sa …, nakatawid yung mayor, kasi dun sila sa coastal areas. Masusuri naman po nyo, at malalaman nyo kung saka-sakaling me paltos yung aming election returns at meron silang kopya jan. kaya di kami nababahala. Defend kami dito kung saka-sakali, at kung makikita naman na di naman karapat-dapat yung 12-0, kung me pandaraya dun, we are willing to submit to the Comelec ruling…what I am saying is let us not cry foul when there is no evidence. Wag naman tayong bintang ng bintang, ah si ganun, si ganito nandaya, eh wala naman tayong ebidensyang ilalabas.

Adel: …yah they are defensible in specific areas. The opposition, they have bailiwicks. The administration, yes they do have bailiwicks. Pero hindi naman po ganun kasimple lang yun eh, just because it is your bailiwick, necessarily you will get a certain number. For me each case has to be specifically investigated. I feel that at the end of the day, although the administration will claim that if the result will not favor us, that we will cry foul, the opposition will cry foul. I think, that, that’s a presumption that has no basis yet. It’s premature. We feel that if ever we do cry foul, it is based on evidence . from the start, we have tried to do a credible campaign and for us we will maintain that type of campaigning and moreover, if we ever make allegations of cheating, we will have the evidence. And that’s why we are focused on the ER collection specifically.


On the rank of singson and Kiram in the Maguindanao sweep:

Adel: ...allow me first to say that I mean no disrespect to the leaders in maguindanao, because they are my relatives and I have personal relations with them, but I really was surprised that chavit singson was no. 1. I was expecting that a Christian and non-mindanaon would not fare that well in Mindanao. So I am quite surprise given na that the ARMM is an administration bailiwick, but I would have expected that Kiram would have been the no. 1. so that for me was surprising. We are not saying necessarily that there was cheating, but for me, it seems to be an indication that there’s cheating…


Tonypet: …in my own explanation with chavit singson, chavit singson has been battling for federalism. What does that mean, to empower the provinces to be more strong so that they can take advantage of the resources that are centered toward growth cities. This is what federalism all about, and the maguindanaoans, and even the provincemates in the muslim Mindanao are for federalistic type of government, where the government is decentralized and given power towards the provinces. This is the no. 1 slogan and platform of chavit singson which am sure that is the reason why he became no. 1 in maguindanao. Now to tell you frankly, I even have an explanation for Kiram being number 12 in maguindanao. He was the one, I was with him in so many places that he said, it is OK for me to be no. 12 , just as long as I am part of the no. 12. when you write me at no. 12 is OK.



On the status of congressional bets of administration (percentage-wise):

Tonypet: …we are happy…but i cannot give you exact figures because in some areas, they protested some election returns…most of our congressmen, we are happy that even, I think now less than 30 of the congressional candidates will win in this coming elections. What does that it say. Remember that the impeachment starts in the House of Representative. I think 200, at least 200 of the 230 congressional candidates are for the administration. What does this say? That means, impeachment, is in the House of Representative, and the House of Representative twice killed the impeachment. If there is a backlash against this administration, the very first ones that should had been lost in this election, yung natatalo sa election ang mga congressman ng administration. But, nadagdagan pa kami. What does that mean? We in the administration, especially the president, has the mandate of the people, with the vote of confidence of yes. Because later on, the senators will change parties as they change hat.


On the fate of the impeachment given the positive status of the administration’s congressional bets:

Adel: … hindi naman nasa priority yung impeachement. To be very fair, for us if we do decide to pursue an impeachment against the president, we will always be based on what is good for the country, and if we feel that it is not good for the country, at the certain point in time to do it, then we wont. We are not obsessed, with that. We are not a one-agenda party. We have other legislative agendas and other policy measures that we want to undertake. And the impeachment, if we really got to be frank, not necessarily the highest priority

-end -
(exceprts from first hour of the forum only)

Former Senate President Ernesto Maceda
January 11, 2007
Kapihan sa Senado Excerpts

Former Senate President Ernesto Maceda today clarified that only those running for the House of Representatives under the United Opposition (UNO) will be required to sign a covenant to support pro-impeachment resolution against President Gloria Macapagal-Arroyo and will not include senatorial candidates since Senate members will be sitting as judges once the impeachment pushes through.

Maceda, one of the executive committee members responsible for selecting the final senatorial candidates under UNO, also disclosed that last-ditch efforts are being made by friends and supporters of the late Fernando Poe Jr. to persuade Mrs. Susan Roces to run in the Senate. But he said Mrs. Rocess has repeatedly turned down the overtures.

He also announced, during the first Kapihan sa Senado for 2007, that UNO, led by political parties Partido ng Masang Pilipino (PMP) headed by former President Joseph Estrada and the PDP-Laban of Senator Aquilino Pimentel and Makati Mayor Jejomar Binay, has been accredited by the Commission on Election (COMELEC) in early December last year.

According to Maceda, despite the emergence of other coalition parties, including the so-called “People’s Choice,” UNO is the legitimate opposition party to reckon with during the mid-term May elections.
He also said that problems faced by the opposition now are quite different from those of 2001 elections like lack of senatorial candidates.

This year, Maceda said, UNO started with a list of 35 possible senatorial candidates, and this has to be pruned down to 12 final candidates. He said UNO has been exploring ways on how those who would not be accommodated in the final lineup could run for Congress.

The former Senate chief said that UNO is set to meet on January 17 to finalize the first final eight of the opposition’s senatorial bets.

####
On UNO:

“UNO is supposed to be a spin-off of KNP (Koalisyon ng Nagkakaisang Pilipino) under which FPJ ran, but it is composed principally of two political parties. To begin with, the PDP-Laban of Mayor Binay and Senator Nene Pimentel, and the People’s Partido ng Masang Pilipino or PMP of President Erap, Senator Jinggoy, and few other prominent personalities. UNO also has within its ranks, besides parties, individual political leaders. For example, while NPC, of which I am President Emeritus, is not a member of UNO. But there are about 15 NPC leaders, including Chiz Escudero, who is the minority leader, five or six congressmen, including Antonino, Lopez, Plaza and …so many other local leaders on local level. The UNO is of course engaged in an effort to unify the opposition. And that’s why there are on-going talks with the Nacionalista Party headed by your Senate President, Manny Villar, and the Liberal Party headed by former Senate President Frank Drilon. These talks are what we call in the very advanced stage. Issues had been stressed out. The resolution of conflicting ... especially on provincial and local levels has been stressed out, which in some cases will probably just result, as agreed, in “free zone” being declared in conflicting candidacies for congressman, governors, city mayors and municipal mayors. We are hoping that before the month is over, the agreements with other coalition partners will be finalized.”

On Statement of Makati Mayor Binay on the requirements for Opposition candidates:
“President Jojo Binay of UNO said, for our congressional candidates, they will have to agree to an agreement, that if they are elected under the UNO banner, they will sign a pro-impeachment resolution. I am clarifying that, that particular requirement or requisite is applicable only to congressional candidates and not to senatorial candidates. Because you cannot buy the senatorial candidates in advance, because they are supposed to be judges in any impeachment proceedings. Therefore they cannot be made to sign an agreement in advance of the impeachment resolution going up to the Senate, that they have already decided to support the impeachment. So let me clarify that immediately, the covenant to support the impeachment applies only to candidates for the House of Representatives.”

On remaining slots in UNO from other parties aside from PMP and PDP-Laban:
“I don’t know if reserve is the right word, but in effect, that is part of the idea. However, it is actually five, but NP Congressman Allan Peter Cayetano, has already declared publicly, the latest being yesterday, that he is definitely running on the UNO slate. So, if you include him, there would be five in all coming from this new coalition partners, the NP and the LP.”

Angara, Edgardo J. Senator (Guest Speaker)
Kapihan sa Senado Excerpts
December 14, 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.


------------

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.”

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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