Press Release
June 9, 2011

Transcript of Kapihan sa Senado with Senate President Juan Ponce Enrile

On the Performance of the Senate during the First Regular Session

In a nutshell, I would describe the First Regular Session of the Fifteenth Congress. I was able to deliver some of the bills that are needed by the country but I must admit to some extent, we were delayed in our actual legislative work because we had to reorganize. We had to restudy the whole thing but that is normal. As we go along, in the next session, I'm sure we'll be acting faster on many of these bills.

Q: I know you'd be proud of the bills passed but anong bills sir ang sana naipasa niyo?

SP: Ang sa akin ay sana naipasa yung Anti-trust law. Sana napasa yung Power Reduction Bill. Sana naipas yung revision nung National Telecommunications Law. So that sa ganun maproteksyunan yung mga nawawala na mga load, nagkakaroon ng problema sa mga drop calls at kung anu-anong mga problema nung mga cellphone holders. At saka mabuti naman yung GOCC Law na kumontrol sa pagsasamantala nung mga sinasabi na mga opisyales ng mga Government Owned and Controlled Corporations ay naipasa. Ngayon, naipasa yung budget yun ang pinakaimportante. Sana maipasa yung revision nung education. Kaming dalawa ni Speaker nag-usap na siguro panahon na pag-usapan na rebisahin 'yung economic provision ng Saligang Batas. Wag natin gagalawin yung istruktura nung gobyerno. Pero 'yung provision ng Saligang Batas tungkol sa kabuhayan, tungkol sa pagnenegsyo na siya ang nagbibigay ng mga trabaho sa ating mga mahihirap na kababayan ay dapat yun ay harapin para sa ganun matugunan natin yung panawagan ng bayan, bigyan ng solusyon ang kahirapan ng mga nakakarami sa ating bansa.

Q: In other words, sir, you're saying revise CHACHA via CONASS?

SP: Well, whatever it is, pero sino ba ang nakakaintindi ng problema kundi yung halal ng tao ng bayan, halal ninyo na araw-araw yan ang nakikita nila, yan ang nararanasan nila, yan ang naririnig nila na daing ng taong bayan. Wag natin pagusapan yung posisyon ng Presidente, posisyon ng Vice President, mga senador, mga congressman, mga gobernador, mga mayors, mga local government units. Wag natin gagalawin yun. Ang pagaaralan natin yung mga provision tungkol sa kabuhayan, yun ang kailangan natin tutukan. Wag natin pagusapan yung mga special concern ng mga sector. Yung mga nasasaad sa mga state policies kung anu-ano pati yung sa sectoral representation, yung tungkol sa social justice, education lahat 'yan, health issues. 'Yun lang pagnenegosyo dito. Ano bang gusto natin? Yung maraming yumayaman na tao dito pero inilalabas ang pera sa Pilipinas. At nakikinabang dun sa kanilang pera na ginawa dito sa Pilipinas e sa ibang bansa at 'yung mga tao dun ang makikinabang, magkakaroon ng trabaho samantalang, pag may pumunta dito na gustong magnegosyo para makapagtayo ng negosyo na magbibigay ng trabaho sa mga walang trabaho ay hinahadlangan natin. Palagay ko, kahit na yung hindi nakakaintinding Pilipino mauunawaan niya na hindi makatwiran 'yan.

Q: You can say that there's a tacit understanding already with the Speaker of the House?

SP: Basta pinagusapan nalang namin. Wala pang set mind dyan pero something must be done. We cannot go on and on and on like this. Talk about alleviating poverty without doing the very substantial thing really to address poverty. We are moving the road blocks to the creation of jobs in the country.

Q: Did you talk also about who will initiate this?

SP: Hindi naman. Wala pa. It's just a discussion in passing.

Q: Are you talking about fighting 60/40 ownership?

SP: Yes, I'm not saying that we abandon completely. But what I'm saying is that we must release the rigidity and leave it to Congress what businesses must be reserved to Filipinos and what are open to foreigners so that we widen the area of foreign participation in the investment climate in the country. The people must delegate to Congress the wisdom to decide whether it must be 60 percent Filipino or 51 percent Filipino or less than that depending on the importance of that industry to the nation so that people who will come here and invest, will know they can enter. But under the present situation kung gusto nilang magtayo ng hotel dito, they have to use a dummy to put up a hotel, to buy the land because they cannot own the land. Ilagay mo man yung sarili mo sa kanila, maglalagay ka ng pera dito, hindi naman libo lang yan. Bilyon yan. Iinvest mo dito at ilalagay mo ang control sa Filipino, hindi mo control, pano yun? E kung mamatay yung pinagkatiwalaan mo, anong nangyari? Wala namang imortal dito. I'm not saying that I'm right in this but it is about time that I am advocating that we, as a nation, must be lightened enough to discuss this.

On Cha Cha

Suppose we remove the restrictions on mining, ownership of land and ownership of public utilities and so on and so forth. Sino makikinabang? Mga taong bayan. Kayo. 'Yun bang mga banyaga ay kaagad agad dito? They will govern lands? Congress can intervene and say "only these kinds of land are allowable to be acquired by foreigners. These kinds of land cannot be acquired by foreigners." At least you will have flexibility.

We are not opening the floodgates. We are going to have a gatekeeper and it's up to the people to select the best gatekeeper.

Wala pang bill. I am just provoking a discussion because in a society, we must discuss these things. I am not saying it (Cha-Cha) is a priority. I am talking of an enlightened discussion on a very basic issue. For instance, we are talking of population control, of reducing poverty and the direction is having an RH bill for that purpose. They ask our people to take pills, ask people to use IUDs, ask people to use injectables in order not to have many children, because we cannot have enough jobs for them. Why don't we say ok, we will also look at the restrictive barriers for the creation of jobs in the country, investments, in order to enlarge the pie, increase the production or widening of the pie so that the others who are interested in having jobs--they are not interested in becoming billionaires, to have big malls and big hotels but they are interested in jobs--will have a chance in life.

It is possible (to limit the amendments to the economic provision.) We can agree that this is the agenda. Anybody who will present an agenda that is not in the approved legislative, approved by Congress as an agenda for Constitutional Revision, will not be accepted.

That is the argument of the vested interest. "Don't touch it because the moment you touch it everything is open. They are afraid that their position in society will be affected. But you ask the ordinary people, "do you care who provides the job for the people? Whether it is Chinese money, Japanese or American money? Anyway, their monies are here already but it is limited. Do you care whether the money invested here is Lucio Tan's money, Henry Sy's money, Gokongwei's money or Ayala money, Ongpin's money or a dummy's money?"

No, I have not talked to the President. I have my own mind. I don't care about the opinion of others. Don't ever think that I talk for anybody here. I am not talking for anybody. I am not a lackey of anybody and I am not connected with any big business in this country. I am not connected with any special group, I am not a member of any club, (like the) Makati Business Group or the Chinese Chamber of Commerce or the Australian Chamber of Commerce or the European Chamber of Commerce or the whatnot, whatever Chamber of Commerce.

On 60/40 Ownership

Kailangan nating galawin (ang batas) sapagkat sino ang magpupunta dito sa atin at maglalagay ng malaking pera kung siya ay minority? Halimbawa, may gusto mag reclaim ng lupa, kahit na saan dito na lupa? Hindi ginawa ng Diyos 'yun para sa atin, pero magdadala siya ng capital dito, hindi siya mag uutang sa akin, capital niya, pera niya, dadalhin. "Yun ang ginawa ni XXX. Dinala rito 'yung pera nila at mag reclaim pero ayaw natin na siya ang magiging may-ari ng lupa. "Yun ba ay tama? Maka-Diyos ba 'yun? Maka-tuwiran at maka-bayan? Hindi daw niya inaagaw 'yung lupa na ginawa ng Diyos para sa atin, pero siya gusto niya ilagay ang pera niya dito, mag reclaim, mag tatayo ng mga negosyo, hindi para sa mga Thailanders pero para sa mga Pilipino, makikinabang. Makikinanbang din siya. Hindi naman ito charity pero makikinabang ang bansa. Lalagay niya lupa pero hindi naman niya dadalhin, 'yung lupa nandyan 'yan. Forever. Ang makikinabang ay ang bayan, magkakaroon ng modern city, maraming magtatrabaho. Tignan mo, mayroon tayong restrictions ngayon pero kagaya rin sa sinasabi sa RH bill, maraming abortion, illegal, ganun din ang nangyayari sa ekonomiya, ang daming dummy ngayon sa Pilipinas, labag sa batas natin.

On listing specific provisions to be amended

Puwede 'yun ililista natin, pipirma lahat ng mga Congressman at Senador. 'Yun lang gagawin natin, pwede 'yun.

On whether JPE will draft the bill

No. no. For your information, wala pa ng mga definite plans dito. Baka akala ninyo sikreto na naman itong ginagawa namin. I am provoking a discussion. Bakit tayo matatakot maging xxx buhay natin? Divisive? We have been divided by all kinds of ideologies in this country. Why not discuss this very basic thing that affects the lives of many people?

On Spratlys Island

I respect the opinion of China and the Chinese government but they have to understand that we also have a voice to raise whenever we feel that they are intruding in our domain. We are not criticizing them, we are just saying that , "well, in our opinion, you are intruding in our domain. If you are not, well, say so that you are not, that you have no aggressive intention against this country. But for heaven's sake, don't lecture us because we can equally lecture to you even if you are a giant. "

That is normally the attitude of a powerful country against a weak county. If you are a weak country and we allow ourselves to be a weak country, then they say, so what? Who are you? You are nothing to us, you are a doormat. Now, if you don't want to be treated as a doormat, what is the remedy? Answer that yourself. I will reduce it to an everyday life in your neighborhood. If you have a bully as a neighbor and you do not prepare against that bully, you will be a doormat of your neighbor. Even in business, why is Globe complaining? It's complaining because PLDT is becoming a giant and Globe is afraid to be a doormat of PLDT. That's a fact of life. Now, to counter balance that, you have to gain strength. In the case of Globe and PLDT, well, Globe goes to the referee, to the President, to ask for equalization because they do not have enough clout to fight the giant. It is the same thing in the relations of nations. We will go to our referee, which is our ally, the United States. But unfortunately when we go to our ally, he will say, that is not my problem, that is your problem. That is the tragedy of this country. We are allied to the United States under a mutual defense treaty. When we are demeaned, mistreated by other countries and we invoke our relationship with America and America says, "It's your problem, you take care of it, we are not involved." And yet we do not want to develop where we can, to at least tell the guy who is going to bully us."You try to come near me and I will show you I can bite you, like a flea." We cannot even act as a flea because we do not have a sting.

On China's First Aircraft Carrier

And what do we have? A paper boat. Kinancel ni Dinky 'yung iskolarship ginawang Bangkang Papel. Sa ating bayan, wala na nangyari sa atin kung hindi bangayan, bangayan. Kung ano gusto nung isa, kokontrahin nung isa. As far as basic national effort, national concern, there's no unity in this country. There's always somebody who thinks he is better than the others.

On his comments about the current word war between the Philippines & China

Tayo ay magdadasal. God, please help us. Anong magagawa natin? Siguro, dalawang destroyer lang ay susuko na tayo. We're talking about verbalism. Wala tayong magagawa if they will be intruding upon our domain. Kaya anong gawin natin doon sa scolding na ginawa ng China sa Pilipinas? Di magalit ka rin. Pero pag sinugod ka, takbo ka. You were asking me to describe the situation. I reduce it to the most absurd situation. Though, it's not funny anymore. We laugh at it, we laugh ourselves, but we are receiving the disrespect of other nations. We are no longer respected.

On Pres. Aquino's diplomatic approach on the issue

PNoy invited some government officials to go with to China, including myself. When you go there, they treat you to a banquet. They 'll give you all kinds of importance, with guns, salutes, parades� But what is that? You're just deluding yourselves. Then, when you go to Taiwan, they will not only scold you but they will say: "Hey, don't go there because otherwise I will cut diplomatic relation!" But if we have the balance of forces, if we have enough capabilities, at least they know that we have the capability to inflict injury that in their quantification they cannot afford to suffer, then they will have to think twice about bullying you.

On whether the Philippines can rely on the UN and United States in such situation

The United Nations have their individual interests. Debating club lang 'yun. The UN will apply only when the big guys agree to fight somebody because it is their interest to protect themselves. If they have no interest in war, they will not go to war against anybody.

On his comment that Israel has violated all UN resolutions

Yes, because they have the capability. They can stand alone.

On the allegation that senators who voted for the extension of ARMM elections received 100 million pork barrel

Maybe, barrel, but there is no pork. That's a falsity and whoever said that is a liar. If they can show me that we got even one million or two million, I will give it to him. It's unfair to us. I will ask you a point blank question: "Do you think that anyone of us has reached that level of badness that we barter our honor for money? " When we are invited by the President, it is a matter of courtesy that we responded, that we go to him and talk to him. It does not mean that we are going to make a deal. I think that you should place your faith in your elected people. If we have no faith anymore in our elected people, let's dissolve the Republic. I'm willing to get out of my region if that is the way the people think about it. I tell you if that happen my region will probably move forward faster.

Wala 'yun. Sino ba nakatanggap? I just read it in the papers. Mayroon naman kami talagang allocated diyan. Every year 'yung allocation and that is released by the Office of the President based on a schedule. Now, as far as accounting for those, I have an accounting. I can present the accounting and they can go and see where I placed my pork barrel. I will show them what I have done in my area and in other parts of the country.

Wala akong alam nakakuha ng release because every release or a request for a release of fund by a senator, I countersign. During this period, to be fair to the members of the Senate, I did not countersign for any request for release. I am not defending anybody. If there's anybody, let that somebody answer. I'm just trying to protect the image of the Senate because evidently, there are people who think that the Senate could be bought. It just happened that in the case of the ARMM Bill, in my case, my position coincided with Malacañang. Whether the President is President Aquino or Gloria Macapagal-Arroyo or Joseph Estrada or Ramos or Cory Aquino or Marcos or Gibo or whoever, my position would still have been the same.

That's my independent judgment. And you know, I have many friends in the Muslim world, many of them are powerful politicians. In fact, Mangudadatu is a good friend of mine. He joined the last elections but I told them, they saw me: "I'm sorry that this a basic position that I cannot entertain. I cannot change it." The MILF went to see me. They do not want any election in the ARMM. The governors of the ARMM saw me and they said, "'We want to get out of ARMM." Many came to see me. Even Alquila talked to me and I said I cannot change my position. All of these people who are in favor of elections, they saw me and talked to me and I told them I cannot help you because that is my position. I never keep my position to anybody. In the case of the RH bill, they talked to me. Sina Princess Ronquillo Nemenzo, they talked to me if I could support the RH bill. I said, "I'm sorry I cannot." I have a basic position. Once I've taken a position on a given issue, I stick by it. Sink or swim, I'll stick by it. That's the way I am. It's untouchable. I don't equivocate and I take positions on any give issue, like me, I study. I reflect on it. I spend the whole night thinking about it over and over again.

On the issue of legality in postponing the ARMM elections as affirmed by the Senate

The Supreme Court is the ultimate arbiter of constitutionality. But that does not mean that the other branches of the government do not consider the constitutionality of any issue. It is possible that the Supreme Court will differ from our opinion. But it my humble opinion, the Supreme Court will uphold us. We did not diminish, we did not erase the autonomy, we did not reduce, we did not modify any power of the autonomy contrary to the position of these people who are trying to muddle the issue to deceitfully present a fallacious argument to the people. What we are saying is that the election of power weilders of this autonomy, to use that ghost power is contrary to the Constitution. We are correcting precisely that anomaly in order not to continue fostering a violation of the Constitution.

On the arguments of the legality of postponing the ARMM election

Then I will also argue that the people who have been elected in that unconstitutional election have no right to be there. If you are going to synchronize the election, and because of that, there's no election in August and there's a void because the term of those people who were elected unconstitutionally according to our theory will end on a given day, who else will appoint? The sultan of Sulu?

On whether the President has a legal basis to appoint replacement for the elected ARMM officials after their terms end

There is a legal basis. The President is the chief executive of the Republic of the Philippines. The power of appointment is lodged to that executive officer and no one else. If there is no designated official to make the appointment under the law or under the Constitution, then the President of the country must act.

On the distinction on the power to appoint elected position and appointed position

In the event that there is a vacuum the President must act. The law of necessity must apply. Kailangan ngang i- postpone ang election para hindi patuloy ang paglabag ng Saligang Batas. Sinabi rin ng Supreme Court na kailangang synchronize ang elections. Hindi natin sinusunod.

On the need for a Muslim appointee in ARMM

Kung ako ang masusunod, oo. Kasi ang autonomy ay para sa Muslim, hindi naman para sa Kristiyano. Alam mo ang kino-confuse nila, ng mga eksperto kuno, 'yung autonomy and synchronization. We are just talking about synchronizing. We are not affecting the autonomy. The autonomy is intact including territory, powers and structure. But we are talking of the election of the people who will handle the authority. That's a local government, LGU. It must be synchronized. This election must be synchronized with the national election. We will also synchronize barangay election soon. I was advocating when we discussed the barangay election in Malacañang, that we should synchronize the election of barangay captains.

Q: Bakit ngayon lang, sir, natin pinag-usapan na unconstitutional ito?

SP: Dahil ngayon lang nagkaroon ng dibdib ang mga nanindigan. Hindi sila natakot na matalo sa eleksyon. That's how simple it is. Hindi sila natatakot sa nag-threaten ng jihad.

On the appointments of PNoy

Alam mo hindi maaalis na may mga kaibigan ang Presidente, may mga girlfriend, kamag-anak, naniniwala sa kanya pero may batas. Nakalagay doon na pipiliin 'yung mga pupunta doon. Kung gusto ng Presidente ng mag-political suicide, gagawin niya 'yung masama para tapos siya. Pero I don't think so na gagawin niya 'yun.

In the case of Jojo Ochoa, I've been dealing with him. I will tell you I have now been more than four decades in government, I call him, he's the alter-ego of the President, I can reach him anytime. He's the most reachable person. If I cannot reach him, he will call back. Wala pa akong nakitang Executive Secretary na ganyan.

I have not dealt with Virginia Torres. I do not know her. I have no dealings with her.

In the case of Puno, I cannot judge him because I've been repeating and repeating but nobody listens. The Philippine National Police is not under the control of anyone except the National Police Commission. Not even the Secretary of the DILG has control over the Police. The direct control belongs to the National Police Commission and yet you people, I'm sorry to be frank with you, but you never mentioned the National Police Commission in your writings. You better study the structure of the government.

On the Police and the Coast Guard

The DOTC has control over the Coast Guard because the Coast Guard is supposed to be a civilian arm of the civil government to guard the coastlines of the country. That is for internal defense.

Siyempre may police power sila, they are enforcing the maritime laws of the country. They have police power just like before, the Philippine Constabulary was part of the Armed Forces of the Philippines and it has police power although the military, as a whole, do not have police power.

On the Senate leadership

I'm waiting for my replacement everyday. Maraming may gusto. If they have the number, I will immediately remove my things in my office and go down somewhere else. I do not even have to say, "Huwag niyo na muna ako tanggalin. Maawa naman kayo sa akin." Hindi ako ganon. Even in my being Senate President now, I never talked to anyone of them. None of them could muster the number. When they said they could not muster the number, I talked to all the groups, "Do you want me to continue or not?" They all agreed. Imagine, in the beginning when we had our meeting, all of them were going to vote for me. But then Alan Peter Cayetano met me in the elevator and said, "Tito, para mayroon tayong semblance ng two groups in the Senate, I will present myself as the Minority Floor Leader." Ok lang sa akin. I said, ". Go ahead." Tingnan mo, in a true deliberative assembly, there is a majority and a minority. The minority is not supposed to be given committees but because we agreed that this is one whole Senate, we gave everyone a committee without an exception. When I was a Minority Floor Leader, I never handled any committee. But in this particular case, the Minority Floor Leader has a committee.

Out of the 24 senators, I was the Minority Floor Leader of one against 23. I handled them all. Some of them were stuttering when they debate with me. They are still stuttering today. I understood why Erap have to move out of the minority because he had bigger ambitions than just being a senator. And he attained it.

On former Sen. Mar Roxas

Sige ang electoral protest. Kung mananalo si Mar, he's DOTC Cabinet member and Vice President at the same time. Walang problema 'yun.

On Mar Roxas' confirmation by the Commission on Appointments

I know no one who has issues against him except those who supported PNoy-Binay. But even those, I think, would not have any issues against him. He's been a member of the Senate, and I do not know of any issue that you can raise against Mar. Competence, I think he's competent enough to handle any office in the government. Political savvy, you cannot say anything against that. He's an investment banker. He has only one Korina. As far as his financials, I don't think you can say anything about it. So, as far as I'm concerned as of now, I don't see any roadblock to his confirmation.

Q: There's a move by the House minority to investigate alleged irregularity involving some government officials like Ochoa, Virgie Torres, Puno�

SP: Well, that is given, you cannot have friends all the time. Not that all these people for one reason or the other who would dislike you or who would like to make life difficult for you. So, good luck to them. I challenge them to go ahead if they know anything that we do not know para masiwalat. Makita kung sino nagsasabi ng katotohanan at nagsisinungaling.

Q: Do you see a similar inquiry in the Senate?

SP: No, I don't think so. We have more things to do here like dealing with fish kills in Taal Lake and the condition of our marine environment and so forth and so.

Q: Sir, meron bang parang review mechanism ang Senate sa performance ng mga senators chairing certain committees? Kasi sir, merong mga committees na walang hearing at all.

SP: Alam mo, six years ang time namin. We have not much time and we leave it to the responsibility of each senator to perform his job because, unless they do unethical conduct, the one that will punish them will be the electorate. Their boss is the people. Of course, they have to be responsible to the institution for their behavior as senators.

Q: Yung ethics case versus Senator Lacson, is that as good as dead?

SP: I don't know. It depends on the Chairman of the Committee if they have any special interest. I'm sure Ping Lacson would be ready to answer the issue.

Q: It wasn't tackled not even once during the First Regular Session..

SP: Well, I will not file any ethics case against somebody if I'm not going to push for it.

On the ARMM Postponement

Kung certified bill, we tackle it. We have to dispose it either way. Dito sa ARMM, I did not tell them how to vote. I said, "All I want is that we dispose this measure so that we put it to rest." And you see the voting, the House was divided. Seven against 13 in favor, 20 voted, 3 were absent. They were abroad. They did not participate.

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