Transcript BBL Interpellation Term of office
Senate of the Philippines

WIN: On the political aspect of the law Mr. President I just want to clarify in Article 7 section 13, term of office Mr. President, it states here the initial term of office of the members of the parliament shall be three years without prejudice for the Bangsamoro Transition Authority to include in the election code a term of office. Does this mean that term of office can be more than three years Mr. President?

ZUBIRI: No sir, it should be considered one full term once the parliament is dissolved or when they are elected to that position. So if it was dissolved mid-term that is still considered one full term. I agree that--the question of the good gentleman of Valenzuela is a valid question because we have a mechanism here Mr. President wherein we can dissolve parliament under no confidence code to the Chief minister pag nangyari yun may tanong si Senator Sherwin sakin kahapon, does that mean that they can go back to zero and they can run again? As far as the BBC are concerned here, it is considered one full term. However, we can strengthen it further by stating so that if parliament is dissolved mid-term that their first election to that parliament is considered one full term.

WIN: Mr. President I actually have two questions regarding that, that is actually section 37 in which the Chief Minister shall advise the Wali to dissolve the parliament and call for a new parliamentary election. Yesterday, I brought this up to the good gentleman form Bukidnon, pag dinissolve ho ba yung parliament does this mean it is an uninterrupted term or an interrupted term? Because if it's a uninterrupted term then hindi pa ho counted yan sa term niya?

ZUBIRI: It's an uninterrupted term sir--

WIN: So hindi pa counted sa term niya? This might lead to a scenario wherein the Chief Minister might dissolve the parliament and the members of parliament will say na wala na ko sa trabaho, my term was interrupted so meaning I can run again?

Zubiri: My colleagues are explaining to me that an uninterrupted term is a full term. That's counted as a full term and the honourable senators that is an expert on election related matters--

SP: but the problem is the parliament is a new feature that's the problem so we need to discuss

Zubiri: Maybe the Senate President can discuss in the proper time to make it clearer so that Comelec could be guided--

Win: Because if it's an interrupted term meaning they can run again balik sila sa original term nila so kung 3 term ka and dinisolve yung parliament 3 term ka ulit--actually it's a perpetual term already.

SP: Is there a prohibition as to when you can dissolve parliament? It can happen anytime right?

Zubiri: But it still needs a two thirds vote of parliament--

SP: let's say 5 months to go before the end of term and the parliament is dissolved--

Zubiri: Uninterrupted po yan sir, so its counted as their first term. It's counted as a full term, first full term.

Win: At a proper time Mr. President we'll suggest--we just need to clear this up very well because it's something that can be abused in the future Mr. President and in Sec. 13 Mr. President that's Article 7. It states here the initial term of office of the members of parliament shall be 3 years without prejudice for the Bangsomoro Transition Authority to include in the election code a new term of office so does this mean Mr. President--my reading of this--initial term of office is 3 years? So does it mean that it can be more than 3 years? Article 7. Sec. 13 Mr. President.

Zubiri: The initial term of office of the members of the parliament shall be 3 years without prejudice to the power of the PTA to include the election code a new term of office--

Win: A new term of office-- Ano po big sabihin nun?

Zubiri: According to the BBC what they are proposing is that the parliament can also come up with longer terms, the members of parliament. Hindi clear lang yung three years--

Win: Ang hindi clear yung three years--

Zubiri: but In a later period the parliament can propose longer terms, it's up to the body would want to--I personally feel that we should just follow the constitution provison on the three year mandate.

Win: Yes in section 8 article 10 of constitution Mr. President, the term of office elected officials except Barangay officials shall be determined by law shall be 3 years. No such official shall serve for more than 3 year consecutive term Mr. President.

Zubiri: Although arguably Barangay officials have been elected for 5 year terms--

Win: Because it is allowed by the constitution Mr. President, but the other elected positions are fixed in 3 years 3 terms.

Zubiri: what one Supreme Court justice said in a hearing; what is not expressly denied by the constitution may be allowed but again as expressed by the sponsor I don't mind that we just trim it down to 3 years -

Win: Maybe just to be consistent to the constitution Mr. President because as stated in article 7 section 13 and as manifested earlier it can be longer than a 3 term--

Zubiri: In a proper time we will put that in-

Win: Yes I just think we need to be consistent and clear in the term of office and as well as the lead of term Mr. President.

Zubiri: Yes I agree--

Win: And at the proper time Mr. President I suggest some terminology to make it even more clear Mr. President. for me that's it for part 1 meaning there are other more parts, clarificatory parts lang.