REPUBLIC OF THE enate Pasay City

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SESSION NO. 52 Wednesday, February 6,2008

FOURTEENTHCONGRESS FIRST REGULAR SESSION SESSION NO. 52 Wednesday, February 6,2008

CALL TO ORDER Angara, E. J. Gordon, R. J. Aquino 111, B. S. C. Honasan, G. R. At 3:25 pm., the Senate President, Hon. Manny Arroyo, J. P. Lacson, P. M. B. Villar, called the session to order. Biazon, R. G. Lapid, M. L. M. Defensor Santiago, M Pangilinan, F. N. PRAYER Ejercito Estrada, J. Revilla Jr., R. B. Enrile, J. P. Villar, M. Sen. Miriam Defensor Santiago led the prayer, Escudero, F. J. G. Zubiri, J. M. F. reading God Means Us To Be Happy, to wit: With 16 senators present, the Chair declared the God means us to he happy; presence of a quorum. He fills the short-lived years With loving tender mercies, Senators Cayetano (A) and Legarda arrived With smiles as well as tears. after the roll call. Flowers blossom by the pathway Or, withering, they shed Senators Cayetano (P), Madrigal and Roxas Their sweetest fragrance over were on official mission. The bosoms of our dead. God filled the earth with beauty; Senator Pimentel was on official mission abroad. He touched the hills with light; He crowned the waving forest Senator Trillanes was unable to attend the session. With living verdure bright. APPROVAL OF THE JOURNAL He taught the bird to carol, He gave the wind its voice; Upon motion of Senator Pangilinan, there being And to the smallest insect Its moment to rejoice. no objection, the Body dispensed with the reading of the Journal of Session No. 51 and considered it What life hath not its blessing? approved. Who bath not songs to sing Or grateful words to utter REFERENCE OF BUSINESS Or wealth of love to bring? No way is dark and dreary The Secretary of the Senate read the following If God be with us there; matters and the Chair made the corresponding No danger can befall us referrals: When sheltered by His care. Amen. RESOLUTIONS

ROLL CALL Proposed Senate Resolution No. 293, entitled

Upon direction of the Chair, the Secretary of the RESOLUTION DIRECTING THE PROPER Senate, Emma Lirio-Reyes, called the roll, to which SENATE COmEETO CONDUCT the following senators responded: AN INQUIRY, IN AID OF LEGISLA- pk 358 WEDNESDAY. FEBRUARY 6.2008

TION, ON THE ALLEGED IMPACT TO CONDUCT A JOINT INQUIRY, OF THE WORSENING CORRUP- IN AID OF LEGISLATION, INTO TION IN THE PHILIPPINES ON ITS THE EFFORTS OF THE DEPART- ELIGIBILITY FOR UNITED STATES MENT OF HEALTH AND THE ECONOMIC ASSISTANCE LOCAL GOVERNMENT UNITS IN THE PREVENTION OF MATERNAL Introduced by Senator Miriam Defensor AND NEWBORN DEATHS Santiago Introduced by Senator Angara To the Committees on Economic Affairs; and Finance To the Committees on Health and Demo- graphy; and Local Government Proposed Senate Resolution No. 294, entitled ADDITIONAL REFERENCE OF BUSINESS RESOLUTION DIRECTING THE PROPER SENATE COMMITTEE TO CONDUCT BILLS ON FIRST READING AN INQUIRY, IN AID OF LEGISLA- TION, ON THE RAMPANT TRAF- Senate Bill No. 2056, entitled FICKING OF HUMAN ORGANS AN ACT PROVIDING A FRAMEWORK Introduced by Senator Miriam Defensor FOR THE TRANSFER OF SCIENCE Santiago AND TECHNOLOGY AND THE PRACTICE OF PROFESSIONS IN To the Committee on Health and THE PHILIPPINES BY OVERSEAS Demography FILIPINO PROFESSIONALS

Proposed Senate Resolution No. 295, entitled Introduced by Senator Manny Villar

RESOLUTION DIRECTING THE SENATE To the Committees on Science and Tech- COMMITTEE ON PUBLIC ORDER nology; and Labor, Employment and Human AND ILLEGAL DRUGS TO Resources Development CONDUCT AN INQUIRY, IN AID OF LEGISLATION, ON THE COLD ACKNOWLEDGMENT BLOODED MURDER OF FORMER OF THE PRESENCE OF GUESTS MAYOR REY YAP OF SAPANG DALAGA, MISAMIS OCCIDENTAL Senator Pangilinan acknowledged the presence AND THE INJURING OF TWO of 30 student-members of the Historical Society of CIVILIANS IN THE COURSE OF Sienna College, Quezon City, who were accompanied SHOOTING INSIDE by Mr. Ben Atienza. REGIONAL TRIAL COURT Senate President Villar welcomed the guests to the Senate. Introduced by Senator Jinggoy Ejercito Estrada QUESTION OF PRIVILEGE OF SENATOR AQUINO To the Committees on Justice and Human Rights; and Public Order and Illegal Drugs Rising lo a question of personal and collective privilege, Senator Aquino delivered the following Proposed Senate Resolution No. 296, entitled speech:

RESOLUTION DIRECTING THE SFNATE Yesterday, this government committed its COMMITTEE ON HEALTH AND most brazen act of impunity against this DEMOGRAPHY AND THE COM- honorable institution, against one of its citizens and his distraught family. MITTEE ON LOCAL GOVERNMENT hf I" WEDNESDAY, FEBRUARY 6,2008 359

A key witness at an ongoing investigation As is customary with all of this for whom the Senate has issued a warrant administration’s attempts to explain its actions, of arrest has disappeared. I do not personally these developments have only raised more hiow Rodolfo Noel Lozada Jr. I have never questions, If SP04 Valeroso does not exist, then met him or even spoken to him in my life. where did Angel Atutubo got his name when he For all I know, he could resurface one of made the announcement yesterday? If SP04 these days and say he was never kidnapped. Valeroso does not exist, then who was the police What I do know is this: At about two o’clock officer who took custody of Mr. Lozada at the yesterday afteinoon, two hours prior to airport yesterday afternoon’? By whose authority Mr. Lozada’s arrival at the Ninoy Aqnino Inter- and on what ground was he given access to the national Airport (NAIA), a person in contact airport tarmac’? By whose authority and on what with him informed me that he was on his ground did the PNP take Mr. Lozada into their way home to Manila from Hong Kong. We custody? If Mr. Lozada had indeed asked the relayed this information to the Office of the PNP for protection, how does one explain the Senate Sergeant-at-Arms (OSAA) to give them sheer confusion, terror and panic in the voices the opportunity to serve Mr. Lozada his warrant of his family members as they appealed to of arrest. Together with the members of the “please return him whoever is holding him Office of the Senate Sergeant-at-Arms, we made now.” If Mr. Lozada is indeed in the custody our way to the airport at about 3:30 in the of his family, why have they filed for a writ of afternoon. We wanted to help forestall any habeas corpu.~with the Supreme Court saying untoward incident that might keep the Senate that the “blatant illegal restraint of petitioner froin doing its job. is .,. still causing the continuous violation of his right to life, liberty and security without due Mr. Lozada arrived in Manila via Cathay process of law”? Pacific Flight 919 at 4:40 yesterday afternoon. However, soinewhere between the plane and the I cannot think of any other explanation for tarmac, and proceeding to the arrival section Mr. Atutubo and the PNP’s prolonged period of where members of his family, the Office of the silence other than that those hours were used to Sergeant-at-Arms, and the media were awaiting concoct what appears to be a badly written his arrival, Mr. Lozada mysteriously disappeared. official story on the fate of MI. Lozada. Soon afier this, news reports began to circulate A key witness in an ongoing Senate invest- that Mr. Lozada was “met by unknown persons igation has gone missing. He has apparently as he emerged from the plane” and reportedly been denied his freedom without any lawful “taken down through a side exit of the tunnel reason and his family is beside itself with worry. that connects the plane and the passengers’ arrival area arid whisked into a vehicle parked Today, I fear that Mr. Lozada and his family right at the tarmac.” Soon after this, members of may go the way of other witnesses, like Vidal Mr. Lozada’s family began to appeal for his safe Doble, who were placed under duress and and immediate return. After this, I was informed threatened with physical harm in order to get by Colonel Dimacali of the Office of the Senate them to maintain their silence. Sergeant-at-Arms that Arthur Lozada received a text message from his brother saying he was The issue at hand is not whether Mr. Lozada accosted at the airport and taken somewhere was taken against his will or not by the PNP. “out of town.” The issue at hand is that the PNP has no legal authority to continue to keep him in its custody. Despite this, not a single word of explana- To continue to do so constitutes a direct affront tion was offered by any official of the NAIA to the Senate’s power to enforce its institutional for this apparent breach of airport security authority. procedures. It took NAIA Assistant General Manager for Security and Emergency Services In many cases, the highest tribunal of this Angel Atutubo five hours to announce that land has consistently affirmed the power of this it was not he who took Lozada but a certain institution to hold in contempt those who SP04 Roger Valeroso. It took the Philippine blatantly defy its lawful order. National Police over 12 hours to announce Will the Senate stand by idly and await that personnel from their Police Security further developments on the fate of Mr. Lozada? Protection Office had taken Mr. Lozada into custody. Ne also announced that there was When my father was murdered on the tarmac no person nained Roger Valeroso in the ranks of the Manila International Airport 25 years ago, of the PNP. our country was under martial law. With no Ad P 360 WEDNESDAY, FEBRUARY 6,2008

institution of government willing to condemn Senator Defensor Santiago asked whether there this act, it was left to the people to demand that is any provision in the Constitution that gives the those responsible he held accountable for their Senate the power to deputize the PNF’ or any other actions. We are not under martial law today. As law enforcement agency. one of the remaining independent democratic institutions, will the Senate, as an institution, SUSPENSION OF SESSION iiot take a stand to condemn in the strongest possible tenns this blatant disregard Tor the nile of law and the Senate’s constitutional authority? Upon motion of Senator Aquino, the session was I11 the face of this insolent display of disrespect suspended. for a coequal branch of government, I hope that we will be cqual to the task of defending our It was 3:39 p.m. constitutional obligations. RESUMPTION OF SESSION If the Senate does not act now, then it will suffer the fate of many other institutions that this government has managed to emasculate. At 3:40 p,m,, the session was resumed. I challenge the Senate to fully utilize thc powers vested in it by the Constitution. In answer, Senator Aquino called attention to Section 21, Article VI of the Constitution which If we are not able effectively to exercise our states, “The Senate or the House of Represent- institutional authority, then, we will be reducing atives or any of its respective committees may ourselves and the Senate to irrelevance. conduct inquiries in aid of legislation in accordance I theresore move for the Senate to look with its duly published rules of procedure. The rights into the circumstances surrounding the dis- of persons appearing in or affected by such inquiries appearance of Rodolfo Noel Lozada Jr. and shall be respected.” As constitutionally prescribed, to immediately issue subpoenas to Angel he stated that the Senate adopted its Rules of Atutubo, Octavio Lina, Director General Avelino Procedure Governing Inquiries in Aid of Legislation Razon, Jr., and to all accountable officials of the and Section 17 thereof provides, “The Committee NAIA and the Philippine National Police. These shall have the powers of an investigating committee, individuals should explaiii to this Body their including the power to summon witnesses and take participation in preventing the lawful arrest of Kodolfo Noel Lozada Jr. by the Office of the their testimony and to issue subpoena and subpoena Senate Sergeant-at-Anns. Should they continue duces tecum, signed by its Chairman, or in his to disregard the Senate’s authority, then., 1 call absence, by the Acting Chairman, and approved by on this Body to immediately cause their arrest the President. Within Metro Manila, such process and detention until such time that they recognize shall be served by the Sergeant-at-Arms or his that we are a coequal branch of govenunent. assistant, Outside of Metro Manila, service may be made by the police of a municipality or city, upon INTERPELLATION request of the Secretary.” He concluded that pursuant OF SENATOR DEFENSOR SANTIAGO to the Rules, the Senate can seek assistance from law enforcement agencies.” Preliminarily, Senator Defensor Santiago commended Senator Aquino for his vigilance in Senator Defeiisor Santiago stated that under the asserting the authority of the Senate. However, she rule on statutory construction, Congress cannot draw believed that if the motion of Senator Aquino is to any extra power from the language of the law itself. urge the Senate to conduct an inquiry which She said that the Rules of the Senate are only necessarily would be in aid of legislation, he must internal rules, not a law, that is why the first sentence first outline the past, present or prospective legislation refers only to the issuance of subpoena and subpoena involved in the matter. The motion, she asserted, duces tecum; and the second sentence provides only asks for an action that is too drastic and confronta- for “such process,” limited only to subpoena and tional, believing as she did that it might be better subpoena duces tecum. She stated that the philosophy if Senate President Villar or the appropriate Senate of the rule of statutory construction - “where the official instead negotiated a memorandum of under- law does not allow, Congress should not allow” ~ is standing with the Director General of the Philippine that if the framers of the rule wanted to include National Police (PIC’). arrest warrants, they would have done so, but they Af P WEDNESDAY, FEBRUARY 6,2008 361

did not as they only included subpoena and subpoena Senator Defensor Santiago recalled that when duces tecum. She believed that no one has the right she was an RTC Judge, she had a court sheriff to expand the meaning of this clause except the who, upon the issuance of a writ, sought the assistance lawmaker himself. of the local chief of police and the duly deputized police arrested the person or individual or took into Senator Aquino maintained that the service of possession certain properties subject to litigation. warrants is part of the investigative power of the She said that the Senate can only request the PNP Body and when necessary, based on past practices, director general to enter into an MOU on the unspoken it can seek the assistance of law enforcement agencies implication that if he does not respond positively to implement its order. to the request, the PNP would not have a budget next year. But Senator Defensor Santiago insisted that under the principle of the rule of law, the basis of the action INTERPELLATION ofthe legislature should be the provisions of the law OF SENATOR EJERCITO ESTRADA and not mere opinion, hence, every assertion and allegation must have a legal basis. Asked by Senator Ejercito Estrada on the proper procedure that an arriving passenger has to go Senator Aquino argued that the Constitution through at the airport, Senator Aquino replied that the authorizes the Senate to come up with its rules of passenger or even a VIP goes through immigration procedure that, once published, become part and where he presents his passport; then he goes through parcel of the law. customs where his luggage is inspected; and then he goes to the arrival area where he meets his relatives. Referring to the Constitution, Senator Defensor Santiago pointed out Section 2 (4) of Article IX (C) As to who provides security to arriving VIPs, thereof which states: Senator Aquino stated that different agencies can provide security to Vlps but internally, it is the Sec. 2. The Commission on Elections shall Manila International Airport Authority. exercise the following powers and functions: As regards the claim of NAIA General Manager (4) Deputize, with the concurrence of the that the OSAA did not coordinate with President, law enforcement agencies and insmentalities of the Government, including his office, Senator Aquino believed that the OSAA the Armed Forces of the Philippines for the coordinated with NAIA in order to have access to exclusive purpose of ensuring free, orderly, the area where it intended to serve the warrant of honest, peaceful, and credible elections. arrest on Mr. Lozada. He clarified that he does not how Mr. Octavio “Bing” Lina but he has probably She stressed that under the Constitution itself, met retired General Atutubo. the Comelec has a specific legal basis to deputize the PNP; on the other hand, there is no similar provision As regards the actuations of Mr. Lina and in Article VI on the Legislative department. She retired General Atutubo upon Mr. Lozada’s arrival, reiterated that under the rule on statutory construc- Senator Aquino stated that according to the state- tion, legislators are not free to draw conclusions from ment of retired General Atutubo, he was present the language of the law. She pointed out that under when a certain SP04 Roger Valeroso fetched Rule VI, Section 8 (d) of the Rules of the Senate, the Mr. Lozada from the tube. However, he noted that Sergeant-At-Arms is only given the power, “To earlier this day, PNP Director General Razon denied execute or serve, personally or through his delegates, that SP04 Valeroso is in the PNP roster. the summons which may be issued by the Senate or by the permanent or special committees or by the Senator Aquino believed that if a passenger President himself.” The point, she underscored, is failed to appear after a certain length of time, that just like the Judiciary, the Senate has to make an those who went to the airport to meet him would arrangement with the PNP director general so that presume he was missing. As regards allegations that whenever it issues its coercive processes, the Senate Mr. Lozada has been kidnapped to prevent him would be assured of the PNP’s assistance and there from testifying before the Senate, he stated that he would be no conflict of jurisdiction. has not talked to Mr. Lozada about his testimony but$ 362 WEDNESDAY, FEBRUARY 6,2008 there is no clear reason why he had been taken that allowed access inside the NAIA but this time, into custody. the Sergeant-at-Arms himself was denied such a pass. He disclosed that the Sergeant-at-Arms com- Senator Ejercito Estrada recalled that in 2004, municated with retired General Atutubo but still he Odong Mahusay, a vital witness in the Jose Pidal was not allowed to enter the tunnel and unbeknownst case, was reportedly kidnapped in 'I'agaytay City by to him, the two members of the PNP had already a former high-ranking Malacafiang official. He asked retrieved Mr. Lozada, brought him to a vehicle and if the case of Mr. Mahusay has any similarity to that whisked him away. He bared that in a text message of Mr. Lordda. Senator Aquino recalled that in the received by Art Lozada, his brother bad been brought wiretapping scandal, Sergeant Doble, a witness, was to Camp Villamor. Later that evening, he said that taken into custody in Camp Aguinaldo and eventually Senate President Villar informed him that Mrs. Violeta he retracted his testimony. Cmz-Lozada in a phone conversation had asked the Senate for legal assistance. He stated that upon Senator Aquiiio stressed that the Supreme Court, instruction of the Senate President, he got in touch in a number of cases, has upheld the right of the with the Ateneo Human Rights Center, and so, at Senate to compel a witness in an inquiry, in aid of one o'clock that afternoon, Atty. Carlos Medina filed legislation, to appear before it, but he noted that the petition for the issuance of a writ of habeas another branch of government seemed determined corpus before the Supreme Court in behalf of to block the Senate from exercising its rights. Mrs. Violeta Lozada who has yet to hear from her husband. In closing, Senator Ejercito Estrada appealed to the PNP to produce Mr. Lozada and turn him over Senator Cayetano (A) stated that while Director to the Senate. General Razon claimed that Mr. Lozada was under the custody of the PSPO in Camp Crame, along INTERPELLATION with his family, his wife could not have been with OF SENATOR CAYETANO (A) him in Camp Crame because she personally signed the affidavit attached to the petition for a writ of At the onset, Senator Cayetano (A) gave a brief habeas corpus. Further, he disclosed that according report on what happened at the airport yesterday. He to General Hilomen of PSPO, Mr. Lozada was not informed the Body that before 12:OO noon, he received under his custody at Camp Crame but somewhere a call that Mr. Lozada would be arriving at 4:40 p.m. under guard by PSPO personnel. on board Cathay Pacific Flight CX-919. He stated that the caller requested that the information be Confirming Senator Aquino's assertion that the kept confidential since the family and relatives of Senate did not deputize the PNP, Senator Cayetano Mr. Lozada feared for his life, but he advised the (A) pointed out that the Supreme Court in Sabio caller that it would be best if the information is vs. Gordon upheld the action of the Senate in the given to a limited number of media personalities matter of the arrest of Chairman Sabio by the for transparency in the operation of arresting Sergeant-at-Arms on September 12, 2006, at his Mr. Lozada. He said that the caller informed him office in Mandaluyong City. He said that contrary to that the Senate Sergeant-At-Arms would be accom- the assertion of Secretary Neri's lawyers, nowhere panied to the NAIA by the family's representative, in that decision did it say that the Sergeant-at-Arms a certain Fr. Jess Malit, to assure Mr. Lozada that can only arrest people in the Senate premises. his family is safe and that the Senate meant him He said that after the arrest, Mr. Sabio was brought no hanil. to the Senate premises where he was detained. He clarified that the Senate has not asked help from the Senator Cayetano (A) narrated that he met with police because personally, he believed that it has the Sergeant-at-Arms to plan out the operation but not been upholding the Constitution. He also said the problem, he said, was that two weeks ago, the that the three committee chairs would confer on how PNP publicly pronounced that it was adopting a to proceed with this case as the Supreme Court is hands-off policy on the matter of serving arrest expected to act on the petition within 48 hours. warrants issued by the Senate, about which, it must first seek the opinion of the DOJ. He recalled that in Upon queries of Senator Cayetano (A), Senator the past, the NNA gave Senate personnel passes Aquino stated that aside from the Senate, the courts^ WEDNESDAY, FEBRUARY 6,2008 363

also issue warrants of arrest which are enforced by In closing, Senator Cayetano (A) stated that the sheriff of the court together with the appropriate in view of a standing order of arrest against law enforcement agencies. He affirmed that most Mr. Lozada, it is the obligation of anyone detaining cities and municipalities have a PNP warrant division him to bring him to the Senate so that the order of that serves warrants. arrest may be effected and that he may be put under the custody of the Senate. As regards the powers which are implied or inherent in the Constitution and therefore do not have INTERPELLATION OF SENATOR BIAZON to be spelled out, Senator Aquino cited Aruaulf vs, Nuzareno wherein the Supreme Court made it Upon queries of Senator Biazon, Senator Aquino clear that since thc Senate has contempt power, it clarified that Mr. Lozada was taken from the airplane also has the power to enforce it. directly to an awaiting vehicle without going through Immigration and Customs and according to the text Even as he expressed agreement with Senator message of Mr. Art Lozada, he was taken to an Defensor Santiago that in the exercise of discretion unknown location outside Metro Manila. and for better coordination, it would be better for the Senate to forge a memorandum of agreement with Senator Biazon noted that only three individuals certain agencies, Senator Cayetano (A) asserted were authorized in the restricted area, namely, Alfonso nonetheless that it is not necessary or essential in Cusi, General Manager of NAN, relired General certain situations when the Senate can ask law Atutubo, Assistant General Manager for Security, enforcement agencies to perform acts in furtherance and a PSG personnel. of its orders. He cited Article 1.50 of the Revised Penal Code, to wit: Asked if the Office of the Sergeant-at-Arms (OSAA) had deputized any PNP personnel to serve Disobedience tu summuns issued by the the warrant of arrest, Senator Aquino replied that National Assembly, its committee.^ or sub- only personnel from the office tried to serve the cummittees, by the Constitutiunnl Commissions, warrant on Mr. Lozada. He affirmed that the its committees or subcommittees or divisions. -~ Sergeant-at-Arms tried to serve the warrant of arrest The penalty of arresto mayor or a fine ranging to Mr. Lozada at the airport premises. from two hundred lo one thousand pesos, or both such fine and imprisonment, shall be imposed On the reason for the OSAA’s failure to serve upon any person who, having been duly sum- moned to attend as a witness before the National the warrant of arrest, Senator Aquino said that the Assembly (Congress), its special or standing pass given to the OSAA personnel allowed them committees and subcommittees, the Constitu- access only up to the Custom’s area. tional Commissions and its committees, subcom- mittees, or divisions, or before any commission Senator Biazou said that according to newspaper or committee chairman or member authorized to reports, Mr. Lozada was grabbed by somebody at summon witnesses, refuses, without legal excuse, the airport and whisked away to be taken to an to obey such summons, or being present before undisclosed place. He noted that there have been any such legislative or constitutional body or different attempts to prevent the appearance in official, refuses to be sworn or placed under the Senate of invited or potential witnesses: initially affirmation or to answer any legal inquiry or to produce any books, papers, documents, or through Executive Order No. 464, and when it did records in his possession, when required by not work, the invocation of executive privilege; in them to do so in the exercise of their functions.... some instances, potential witnesses were prevented from testifying on the very day they are supposed to Thus, he underscored, disobedience to congres- appear as they purportedly had been sent on missions sional sunxnons is punishable under the Revised abroad; and in some cases, retired senior public Penal Code. officials are reappointed to positions so that they would still be covered by EO 464 and, at the same Asked whether those who are detaining time, they would be able to invoke executive privilege. Mr. Lozada are violating Article 1.50 as well as the Likewise, he said that promotions are also used to illegal detention or anti-kidnapping law, Senator prevent potential witnesses from testifying before Aquino replied in the affirmative. the Senate. H ? 364 WEDNESDAY, FEBRUARY 6,2008

Senator Biazon wondered whether the persons AN ACT PRESCRIBING A FIXED TERM responsible for Mr. Lozada’s disappearance should FOR THE CHIEF OF STAFF OF THE be charged with the crime of abduction, illegal ARMED FORCES OF THE PHILLP- detention or kidnapping, adding that their actions PINES AND FOR OTHER PURPOSES. were a direct challenge to the authority of the Senate. He said that he would support the motion for Senator Pangilinan stated that the parliamentary an inquiry. status was the period of interpellations.

In the course of Senator Biazon’s Thereupon, the Chair recognized Senator Biazon, interpellation, Senate President Villar relinquished Sponsor of the measure, and Senator Aquino for his the Chair to Senate President Pro Tempore Jinggoy interpellation. Ejercito Estrnda. INTERPELLATION OF SENATOR AQUINO SUSPENSION OF SESSION Adverting to the provision in the bill which states Upon motion of Senator Pangilinan, the session that no chief of staff with less than one year of was suspended. service may be appointed to the same position which is envisioned to have a tenure of three years, Senator It was 4:30 p.m Aquino asked whether it does not violate Section 5(5), Article XVI of the Constitution which prohibits RESUMPTION OF SESSION the extension of service of militcuy officers, particularly since their tour of duty would effectively be extended. At 4:31 p.m., the session was resumed Replying in the negative, Senator Biazon said that the law is envisioned for the AFP corps of REFERRAL OF SPEECH TO COMMITTEES officers. Relative thereto, he read pertinent portions of the deliberations of the 1986 Constitutional Upon motion of Senator Pangilinan, there being Commission on the matter: no objection, the Chair referred the speech of Senator Aquino and the interpellations thereon primarily to Commissioner Suarez. Let us give this a little the Committee on Accountability of Public Officers thought, If we can institutionalize the Office and Investigations, and secondarily to the Committees of the Chief of Staff and give him or her on National Defense and Security; and Trade and tenure for that matter, by way of equalizing Commerce. men and women in the military, we are saying that they will have a constitutional term of three years. We are not giving the President, SUSPENSION OF SESSION the Commander-in-Chief, the right to termi- nate the three-year constitutional term. Is Upon motion of Senator Pangilinan, the session that the implication of the Commissioner’s was suspended. proposal?

It was 4:32 p.m Commissioner De Castro. So I will say, the tour of duty shall not be more than three years so that the President can relieve the Chief of RESUMPTION OF SESSION Staff any time before three years. At 4:33 p.m., the session was resumed. Commissioner Davide. Instead of “not more than,” it should be “shall in no case exceed COMMITTEE mPoRr NO. 8 three years.” ON SENATE BILL NO. 31 Commissioner de Castro. That is acceptable. (Continuation) Thus, Senator Biazon pointed out that the intent Upon motion of Senator Pangilinan, there being of the framers of the Constitution was to grant broad no objection, the Body resumed consideration, on discretionary authority to the President to decide on Second Reading, of Senate Bill No. 31 (Committee the continuation of the tour of duty of the chief of Report No. 8), entitled staff as long as the three-year limit is not exceeded. # WEDNESDAY. FEBRUARY 6.2008 365

Considering the intent of the framers, as well as 8) Gen. Benjamin P. Defensor Jr. - extended the silence in the Constitutiou, on the matter of the by 77 days; termination of the tour of duty upon reaching the compulsory retirement age, Senator Biazon opined 9) Gen. Efren L. Abu ~ extended by 52 days; and that the President has the discretion to allow the chief of staff to continue his tour of duty even 10) Gen. Hermogenes C. Esperon ~ his term beyond his compulsory retirement age. He pointed was extended by 90 days. out that the rule is well-settled that when the intent of a constitutional provision is anibiguous or Senator Biazon pointed out that based on the doubtful, recourse may be had to the Record of list, eight chiefs of staff were extended by their [he 1986 Constitutional Commission to shed light respective Commanders-in-Chief since the adoption on the matter. of the 1987 Constitution. If indeed the interpretation that the term of the chief of staff could not be Senator Biazon again quoted from the Record extended were correct, he said that the presidents of the 1986 Constitutional Commission, to wit: who made these extensions could be held liable for violating the law. Commissioner De Castro. We have so provided that the tour of duty of the Chief of Staff Morever, Senator Biazon stated that the Consti- is for three years. tution clearly provides for the possibility of the extension of the term of any chief of staff, to wit: Relative thereto, Senator Biazon acknowledged 1) when there is war; 2) when there is widespread that there is a gray area in the interpretation of rebellion; and 3) when Congress declares a state of the constitutional provision as regards “three years,” national emergency. He believed that the three as some interpret it as “tenure” and others as a conditions prescribed by the Constitution did not “limitation.” exist when the terms of the chiefs of staff were extended. He again quoted Commissioner de Castro To illustrate, Senator Biazon said that there had during the deliberation of the 1986 Constitutional been 17 chiefs of staff since 1986, to name some: Commission, to wit:

Gen. Fidel V. Ramos ~ served an extended Commissioner de Castro: We have so provided term under President Aquino for two years; that the tour of duty of the Chief of Staff is since the transition to 1987 Constitution for three years. Assuming that he is retirable occurred during that period, the extension of at the age of 56, tomorrow he will be 56, and his term could not be questioned; today he is appointed or designated Chief of Staff, then he will have to finish his tour Gen. Renato S. De Villa ~~ who served for of duty, and to include the exceptions, the three years but retired even before he reached continuation under the national emergency. age 56; since the 1987 Constitution was This is one officer who will have to be already operational during his term, he retired exempted from that rule of retirable age at five or six months before reaching the age 56. mandatory age requirement; Commissioner Davide: In that respect, I would propose an amendment to read, officers of Gen. ~ his term was extended by President Ramos by 161 days; the militaty, except the chief of staff. Commissioner Bernas: That probably is not Gen.Arturo Acedera ~ was extended by necessary. That is taken care of by the 131 days; paragraph we approved yesterday.

Gen. Clenrente P. Mariano ~ was extended Commissioner Davide: That is correct. by 131 days; Commissioner Bernas: That understanding Gen. Jocelyn B. Nazareno ~- extended by would be that the chief of staff must be 90 days; allowed to finish his tour of duty even if his service goes beyond 30 years of his age Gen. -. extended by 65 days; beyond 56 years .... P 366 WEDNESDAY, FEBRUARY 6,2008

Clearly, he pointed out that based on the delibera- SUSPENSION OF CONSIDERATION tion of the 1986 Constitutional Commission, the chief OF SENATE BILL NO. 31 of staff was exempted from the coverage of the law and the constitutional provision that there should be Upon motion of Senator Pangilinan, there being no extension of the tour of duty of the chief of staff. no objection, the Body suspended consideration of the bill. Senator Aquino argued that there was no ambi- guity in Section 5(5), Article XVI of the Constitution COMMITTEE REPORT NO. 12 as it clearly provides that, “Laws on retirement of ON SENATE BILL NO. 233 military officers shall not allow extension of their (Corrtinuation) service,” and in Section 5(7) of the same article which provides that, “The tour of duty of the Chief Upon motion of Senator Pangilinan, there being of Staff of the armed forces shall not exceed three no objection, the Body resumed consideration, on years except in times of war or other national Second Reading, of Senate Bill No. 233 (Committee emergency ....” However, he pointed out that based Report No. 12), entitled on the provision in the proposed measure, the statu- tory compulsory retirement of the chief of staff shall AN ACT AMENDING THE ADMINIS- be deferred until the completion of the prescribed TRATIVE CODE OF 1987 BY three-year term, which is an extension not envisioned PROHIBITING A PERSON FROM by the Constitution. BEING APPOINTED AS THE SECRETARY OF THE DEPART- Senator Aquino asked if Senator Biazon would MENT OF NATIONAL DEFENSE consider an amendment to ensure that the bill shall WITHIN THREE (3) YEARS AFTER have no constitutional infirmity by adding a provi- RETIREMENT FROM ACTIVE DUTY sion that appointees to the position of chief of AS A COMMISSIONED OFFICER staff should have at least three years remaining in OF A REGULAR COMPONENT OF their service. Senator Biazon stated that he would THE ARMED FORCES OF THE consider the proposal at the proper time. Nonetheless, PHTLIPPNES (AFP). he said that he would like to limit the selection pool and obviate the possibility of junior officers bypassing Senator Pangilinan stated that the parliamentary senior officers. He said that perhaps a year remaining status was still the period of interpellations. in the service would address such a concern. SUSPENSION OF SESSION Senator Aquino believed that such a provision would bring back the problem experienced during Upon motion of Senator Pangilinan, the session martial law where there were no vacancies at the was suspended. top level of the Armed Forces to the detriment of the low-ranking officers who were hoping that their term It wm 4.53 p.m, would be finished at the age of 56. He asked whether it is a prudent policy to favor some more than the RESUMPTION OF SESSION others and therefore reinstitute the very ground that gave rise to the RAM and YOU movements. At 4:54 p.m., the session was suspended,

Senator Biazon reasoned that the recent appoint- Upon resumption, the Chair recognized Senator ments in the AFP cannot be compared to those Biazon, Sponsor of the measure, and Senator Enrile during the martial law years because at that time, for his interpellation. 65% of the generals were extendees. INTERPELLATION OF SENATOR ENRILE MANlFESTATION OF SENATOR PANGILmAN Asked by Senator Enrile what the proposed Senator Pangilinan manifested that Senator measure seeks to change in the Administrative Code Arroyo has requested that he be given more time to of 1987, Senator Biazon replied that the bill seeks to prepare for his interpellation on the bill. add a provision prescribing a qualification for an WEDNESDAY, FEBRUARY 6,2008 361 appointee to the position of the Secretary of National Senator Biazon reiterated that the bill does not Defense. He reasoned that since there are no completely disqualify retired military officers but prescribed qualifications for the said position, the merely recommends a period of adjustment before President can appoint anyone, whether a civilian or a one is appointed to the position. Senator Enrile said newly retired AFP officer. He explained that the that three years could not change the training and arnendnient docs not disqualify a retired military mindset of a military officer, pointing out that graduates officer but he has to wait some time before being of the Philippine Military Academy would analyze appointed. situations in military terms as against a legal mind who challenges situations based on his learning and As to the rationale for the amendment, discipline as a lawyer. Senator Biazon replied that it seeks to uphold the basic principle of civilian supremacy over military Senator Biazon said that it could happen that authority. Senator Enrile argued that said principle while serving his term, the chief of staff would try to has always been upheld because the defense gain the good graces of the President only for the secretary is under the supervision and control of the purpose of being appointed as DND secretary President who is a civilian. Moreover, he contended immediately after retirement. He said that this is bad that “civilian authority” does not mean that the head for the professionalism within the service. of the department ought to be civilian; otherwise, following the rationale of the measure, a military Senator Enrile said that he would agree with officer should also be disqualified from becoming Senator Biazon if he was zeroing in only on the chief President. of staff and not on all military men, pointing out that he was only a sergeant when he was appointed as Senator Enrile recalied that in the history of the DND secretary. He said that the President should be Department of National Defense, there were only given the leeway to select the best men to sit in his five instances when civilians were appointed to head cabinet, which is being restricted by the proposed the Department: 1) Teofilo Sison; 2) Juan Ponce measure. Senator Biazon clarified that the Committee Enrile; 3) Orlando Mercado; 4) Avelino Cruz; and only seeks to ensure that a soldier shall be made to 5) Gilbert Teodoro. He stated that Basilio J. Valdez, go through an adjustment period before he is given Ruperto Kangleon, Eulogio B. Balao, Alejo Santos, the position of defense secretary. Macario Peralta, Jr., and Emesto Mata were all retired military men, and the Department functioned Senator Enrile stated that there is no rational properly under these secretaries. Thus, he wondered basis for the proposal because, in effect, it disqualifies why the Senate should put a restriction of three years all military men and deprive the nation of well-trained before a retired military officer could be appointed to leaders, as he recalled that Dwight Eisenhower was the position of secretary of national defense. Senator a colonel when he was tasked to head the expeditionary Biazon stated that the other consideration for the force. Likewise, he cautioned that soldiers can easily proposed amendment is to prevent the DND secretary toy around with a DND secretary who is a civilian from micromanaging the AFP. and does not know anything about military organiz- ation. He recalled that it took him at least one year Asked who among the secretaries of the to put his foot down when he was defense secretary. DND had micromanaged the military, Senator Biazon replied that it was common knowledge that DND Senator Biazon cited former Defense Secretary Secretary Angela Reyes bypassed the AFP chief Nonong Cruz, a civilian who was instrumental in of staff. Senator Enrile argued that the case of initiating the Philippine Defense Reform (PDR) Secretary Reyes was an exception because it was program which proposed changes in the management the error of the appointing power and not of the of logistic lines and activities. Senator Enrile said that system; therefore, the system or practice should not it was during the former defense secretary’s post be changed. when the situation in the military deteriorated because he failed to decide on the matter of acquisition of As a former secretary of the DND, Senator equipment. He maintained that between a former Enrile believed that someone from the AFP or the chief of staff and a civilian, it is the former who DND would be better equipped to manage the can easily prepare a defense plan for the country defense establishment than an outsider. in one month. He believed that even a civilian would P 368 WEDNESDAY, FEBRUARY 6,2008 have his favorites whom he would promote ahead to the Committees on Public Order and Illegal of time and that very few could say no to the chief Drugs; and Education, Arts and Culture, entitled of staff. RESOLUTION DIRECTlNG TfIE SENATE COMMITTEES ON PUBLIC ORDER SUSPENSION 017 SESSlON AND ILLEGAL DRUGS; EDUCATION, ARTS AND CULTURE AND OTHER Upon motion of Senator Pangilinan, the session APPROPRIATE COMMITTEES IN was suspended. THE SENATE TO CONDUCT AN INQUIRY, IN AID OF LEGISLATION, It wus 5:14 p.in INTO THE REPORTED PREVALENCE OF DRUG USE AMONG HIGH RESUMPTION OF SESSION SCHOOL STUDENTS IN OUR PUBLIC SCHOOLS, WITH TIE END At 5:15 pm., the session was resumed. IN VIEW OF PROVIDING THE NEEDED POLICY INTERVENTIONS Upon resumption, Senator Enrile said that he THAT WOULD ADDRESS THE would propose amendments at the proper time. DRUG USE MENACE.

SUSPENSION OF CONSIDERATION COAUTHOR OF SENATE BILL NO. 233 Upon his request, Senator Lapid was made Upon motion of Senator Pangiliuan, there being coauthor of Senate Bill Nos. 1895, 1978 and 1987. no objection, the Body suspended consideration of the bill. ADJOURNMENT OF SESSION

SUSPENSION OF SESSION Upon motion of Senator Pangilinan, there being no objection, the Senate President Pro Tempore Upon motion of Senator Pangilinan, the session declared the session adjourned until three o'clock in was suspended. the afternoon of Monday, Februaty 11, 2008.

It was 5:16 p.m. It was 5.18 pm

RESUMPTION OF SESSION I hereby certify to the correctness of the At 5:16 pm., the session was resumed. foregoing.

SECOND ADDITIONAL REFERENCE OF BUSINESS

The Deputy Secretary for Legislation, Edwin B. Bellen, read Proposed Senate Resolution No. 297, introduced by Senator Lapid, which the Chair referred

Approved on February 12, 2008