Press Release
May 15, 2014

Transcript of Kapihan sa Senado with Senate President Franklin Drilon

SPMFD: Magandang umaga po. The Senate needs to keep track of its commitment to enact measures that are needed in various aspects of our political, economic and social life. The institution remains committed to pass various legislation that are needed and would benefit our people.

In the coming days, you will see more of the various bills of national relevance which are being passed concerning education, the youth, strengthening of our political system, the health of our people and the welfare of our senior citizens. More than any other time in the past, today, there is a very close coordination between the two chambers. We meet regularly with the leadership of the House. And, there is a monthly meeting wherein we coordinate on the bills that should enacted. In fact, our next meeting would be on the last Monday of this month. I think that is on May 26.

As of today, the Senate has been able to enact measures, five measures that became law. We also passed on second and third reading six bills of national importance. And, we have ratified also three treaties. We have held over 280 committee hearings.

Before we adjourn in June, we hope to pass 16 priority bills including the bill that will institute reforms in the Sandiganbayan in order to hasten the hearings in the Sandiganbayan. We intend to pass the graphic based health warning act, the national student loan program and the iskolar ng bayan act. These are some of the measures that are in the final stages of legislation. We believe that the way to recover our people's trust, regain and strengthen our people's trust in our institution is to continuously work on these measures.

Of course, by August of next year, we will start the debates on the national budget. And, I urged media and the public, bantayan ninyo po ang inyong senado at tignan niyo po na dapat wala nang PDAF doon sa budget sa 2015. Noong nakaraang taon, tayo po ang nanguna na maalis ang PDAF sa budget. At, sa kasalukuyang budget ay walang PDAF. Dapat po bantayan ng sambayanan ang kongreso na hindi na maibalik itong PDAF. I am asking our people especially our youth to join efforts so that the PDAF and its exploitative shortcomings would never find its way in our budget next year. We will continue the reforms that we have started and we support the ongoing investigation being done by the ombudsman. Thank you very much.

Q: So, Sir, your statement proves that the Senate is not in crisis.

SPFMD: The Senate is not in crisis. There may be some problems of the individual members but the senate as an institution remains strong. The Senate will not "collapse" as asserted by some people. The Senate is different from the people who compose it. People may come and go, but the Senate will remain as an institution of democracy and as a vital part of our democratic government.

Q: If this attempts to muddle the pork barrel scam is not handled properly, is a POLITICAL crisis possible?

SPFMD: No. The pork barrel scam is basically a violation of the law - the Anti-Graft Act. There is no political issue involved. Let me make that clear. Hindi po ito tungkol sa politika. Ito po ay pagpapatupad ng anti-graft law. Kaya naman it is a matter of upholding the law, and I am confident that our judicial system will properly address and respond to this pork barrel scam. Ang mga alegasyon ay tungkol sa paglabag sa batas. Kaya kung sino ang nagkamali, ang nagkasala na may ebidenisya, dapat silang ikulong.

Q: Meron daw political implications yung scandal sa mga naiinvolved na wala naman daw kasalanan.

SPFMD: Kasama na siguro yan sa black propaganda ng mga political operators na naghahanap buhay ngayon., yung paninira ng ibang tao. Kaya nga po dapat tingnan natin ito, and we should be discerning about any effort to muddle the issue and inject politics. Because this case, is to my mind, about the violation of the Anti-Graft Law, and if its proven, the appropriate penalties must be fully meted out.

Q: Justice Sec. De Lima and Malacanang is saying that the unsigned Janet Lim Napoles affidavit are of worthless and has no probative value. Is it proper for that documented to be disseminated as it is now?

SPFMD: Nandiyan na eh, inilabas na. Eh nung umpisa pa lang, sinabi ko na, payag na payag ako ilabas ang listahan, at sinusupuortahan ko ang paglabas nito. Ngunit kailangan dapat naman may tunay na basehan. Hindi yung lista lang ng lista. Ang daming listahan. Baka pati listahan na galling sa sari-sari store, isama diyan. Dapat naman, dahil reputasyon ng tao ang nakasalalay dito, dapat may basehan muna yung ilalabas.

Q: Maliban sa PDAF, hindi na ba gagawa ang Senate ng mga insertions at realignments sa budget?

SPFMD: Sinasabi niyo insertion. Ito halimbawa, I will give you an example and please tell me if kung ito ay hindi dapat gawin. Mayroong budget na nakalaan sa isang departamento para sa foreign travel. Ngayon sabi ni Congressman X, "Huwag na yang foreign travel , ilagay na yan sa ospital." Mali ba iyon?

Q: May sarili namang budget ang DOH.

SPFMD: Iyan ba ay talagang sapat na sa lahat ng medical na pangangailangan ng bansa? And should we not make sure that every peso is spent for the benefit of our people? I can assure you, as we talke there are so many patients na nakapila ngayon sa PGH right now.

O halimbawa, meron kang nakita sa budget, P1 million for foreign travel. Nilipat sa PGH. Iyon ba ay mali?

And should we not use every peso of public funds for the benefit of the people? I can assure you that as we talk here, a lot of patients ay naka pila sa PGH. So yan binibigay ko halimbawa. Mayroon ka nakita sa budget isang million for foreign travel, ilipat mo sa PGH, yun ba ay mali? The point I am driving at is that the Congress is a policy making body. And you can implement the policy through a budget, you can push a policy through a budget. The policy of providing better medical services to our people, is a policy that you pursue by transferring the budget for foreign travel to a budget for medical expenses of the poor. Is that bad simply because a congressman transferred it to PGH? That is the kind of discernment that you should have.

Kailangan transparent ka. Makikita mo ito nakalagay sa foreign travel isang million, 'tong isang million ilalgay dito for patients at the PGH or for scholarships in state colleges and universities, mali ba 'yun or tama? And will you fight a congressman or a senator for transferring the funds to PGH or a university instead of foreign travel?

Q: On controversial agencies

SPFMD: Ang controversial ay doon sa implementasyon hindi sa pagalaan ng budget.

Q: On the creation of a special prosecution panel to handle the investigation on the alleged pork barrel scam

SPFMD: The investigation of the pork barrel scam fund is within the exclusive mandate of the Ombudsman because the Ombudsman ang kanyang mandate is constitutional. Hindi mo pupuwedeng alisin sa Ombusdman ang prosecution ng pork barrel scam. By the Constitution, the Ombudsman is the one who has jurisdiction over that and you cannot change that by law. This issue is a violation of the anti-graft law and therefore it is the Ombudsman.

On whether he is in favor of the suggestion that witnesses or resource persons can interpellate (cross examine) senators who are implicated in the pork barrel scam during the Blue Ribbon hearing

SPFMD: Do not forget, that a committee hearing in the Senate and in the House is in aid of legislation. 'Yun ang principal purpose. So when you call a witness to the hearing, siya po ay resource person so how can you have a situation when a resource person is the one who will ask questions on the members of Congress who is supposed to craft the law?

On whether the Blue Ribbon Committee will reopen its case when Napoles will sign her affidavit on the list of senators allegedly implicated in the scam

SPFMD: It's a matter for Sen. TG Guingona to decide. He has full control of that and the committee has full control of that. I will not express a personal opinion because I am the Senate President.

On whether the realignment and insertions of legislators will continue in the coming budget

SPFMD: Hindi ko alam. Pero yan ay kapangyarihan sa legal batas ng Kongreso at Senado. That is a power of Congress under the Constitution to work on the budget. All these issues on the pork barrel are in fact a matter of implementation of the budget. That's how the Supreme Court ruled upon. Maliwanag naman siguro doon na hindi naman pupuwede na lahat ng insertions na sabihin mo pagnilipat mo 'yan, nanakawin mo 'yan. That's you role as a media, that's our role to explain to the people. This happens everywhere. In the US, in every legislative...because ang importante that it is done properly and in public interest in mind and not the personal interest of the legislator. It is important to emphasize that this power is an exercise for the benefit of the people not because of the pocket of any legislator.

On whether there is transparency on the insertions in the budget

SPFMD: May transparency yan because that is an amendment that you put on the floor, so it is transparent.

On how to ensure that the insertions will be used for the public's interest

SPFMD: You have the COA, you have the media. Precisely, because of the rule and policy of transparency followed by the Aquino administration that all these things are made public. That is why we passed the Freedom of Information Act in the Senate.

Your presumption is that everybody is thief, therefore i-audit mo muna bago ka igastos. You will paralyze the whole government kung ganyan ang attitude natin. That is why we have laws that will punish those who steal public funds.

On whether there will be provisions in the GAA for specific budgets

SPFMD: Yes. That's a line budget.

On the Catholic Bishops' suggestion for legislators implicated in the pork scam to go on leave

SPFMD: That is a matter addressed to the conscience/decision of each public official implicated in the scam.

On the digital files of Benhur Luy

SPFMD: I do not know if it exists, I haven't seen it. The Blue Ribbon Committee has already issued a subpoena to produce these digital files. I signed the subpoena yesterday addressed to Benhur . This was recommended to me, I signed it. I do not know (if it was already served).

On Napoles muddling the issue

SPFMD: Do I see a concerted effort to muddle the issue? I have said from the very start, let us be weary of efforts to muddle the issue. Let us be weary of political operators who are trying to earn a living for 2016, who could be muddling the issue.

On the list of De Lima being subpoenaed

SPFMD: I signed the subpoena and it was a subpoena duces tecum upon the recommendation of Blue Ribbon Committee to produce the affidavit, the documents, etc. So, I signed it. If I recalled correctly, the deadline is today. I don't know what the situation is.

On De Lima not being able to submit the list

SPFMD: Hundred and one things can happen. If you deliberately and without any reason refuse to follow the subpoena, you can be cited for contempt. That is why before you cite anyone for contempt, ask for an explanation. Why are you defying the processes of the Senate? Why are you defying the subpoena? I want to emphasize that since contempt is a punitive action in order to enforce the powers of the Senate, you ask for an explanation why one should not be cited for contempt. In other words, there is due process involved.

There is no set of reasons. It is something reasonable within the minds of a reasonable person if the request is reasonable.

On the possible arrest and detention of the three senators

SPFMD: I have not talked to any PNP officials on that point. I will ask my Sergeant-at-Arms, who's in-charge of security. I cannot respond to that.

On what will happen to the staff of the three senators

SPFMD: The staff of the senators are employees of the Senate. So, they're not affected by the fact that the principal is charged in courts.

There are committee hearings where they attend.

On the three senators stopping their functions as legislators

SPFMD: Yes because they will be preventively suspended by the Sandiganbayan because of the provision in Plunder Law that a preventive suspension is imposed on them. Decisions of the Supreme Court, the Sandiganbayan, has no discretion but to impose preventive suspension. Now, if you ask, why is Senator Trillanes still functioning as a senator? It is because Senator Trillanes was not charged with Anti-Graft. There was no preventive suspension. That's the principle involved.

Hindi ka pwedeng mag-file ng bill kasi you're functions as a senator will be suspended. You are preventively suspended. Now, let me however state for the record, that under the decisions of the Supreme Court, the preventive suspension, is for 90 days. That is the prevailing jurisprudence as outlined in the case of Governor Veloso. The Supreme Court said that it is not correct to have a perpetual preventive suspension because if you suspend him, in effect, perpetually, you are in fact dismissing the public official because the term will expire when he is under preventive suspension. So, the decision of the Supreme Court as in the case of Gov. Veloso was that the preventive suspension is obligatory to be imposed by the Sandiganbayan but it cannot last beyond 90 days.

On the monthly budget of the senators being retained even when they're suspended

SPFMD: Yes because that's the salary of the employees who are part of the Senate. The Senator is not terminated. He is suspended.

On the salary of the Senators when there is preventive suspension

SPFMD: Wala nga because he cannot perform his functions.

On CBCP's call for Senators involved to file for a leave of absence

SPFMD: The matter of leave is a matter addressed to the discretion of the elected official.

Q: Kung maaresto yung mga senador, willing ba ang Senate mag intervene or meron ba kayong tulong na pwedeng ibigay dun sa mga senators?

SPFMD: If you're implying that if we can take them in our custody, no. We cannot because under the rules of court, taking a person in custody by another person is called recognizance. In other words, you do not have to go to jail or post bail. You can be placed in the custody of a responsible citizen. But that remedy is available only in bailable offenses. If it is plunder, it is non-bailable and therefore, placing the accused in custody of the Senate is not an available remedy.

On the Benhur list

SPFMD: No. I did not have any cash advances. There is not a single SARO. There is not a single notice of cash allocation. There is not a single MOA. There is not a single voucher bearing my signature. Showing that I had cash advances. And why should I make a cash advance as Chairman of the CA?

On the Bangsamoro Law

SPFMD: The matter is still in the desk to my understanding of the Chief Presidential Legal Counsel. They are studying the provisions. We will exert every effort to pass it.

On Malacanang's commitment on when they will submit the bill

SPFMD: None, at this point.

On Funds allocated for Yolanda rehabilitation

SPFMD: I do not have enough facts in my possession which would enable me to make a comment. Whether it is true. If its true, what is the reason. I don't have facts in my possession to enable me to respond but as a matter of principle we should move fast on this reconstruction. We have also to be careful because these are public funds.

Q: Meron daw mga cabinet secretaries na hindi cooperative kaya until now wala pang masterplan para sa rehabilitation?

SPFMD: I do not know about cooperation. I do not want to comment on that.

On Charter Change debates in the House of Representatives

SPFMD: Our agreement with the House is that we pass the FOI bill and they will tackle it. They pass the proposed constitutional amendments and then they will tackle it. After they pass that, then it comes to us, then we will tackle it. I'm just talking about our agreement. This Congress would last up to 2016. We're just in 2014 at this point and we're talking about passing it in the 16thCongress. The 16th Congress is just on the first regular session.

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