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Senat:E Pasay City REPUBLIC OF THE PHILIPPINES Senat:e Pasay City Journal SESSION NO. 28 Wednesday, October 16,2013 SIXTEENTH CONGRESS FIRST REGULAR SESSION SESSION NO. 28 Wednesday, October 16, 2013 CALL TO ORDER ROLL CALL At 3: 15 p.m., the Senate President, Han. Franklin Upon direction of the Chair, the Secretary of M. Orilon, called the session to order. the Senate, Atty. Oscar G. Yabes, called the roll, to which the following senators responded: PRAYER Angara, S. Lapid, M. L. M. Sen. Pia S. Cayetano led the prayer, to wit: Aquino, P. B. IV. B. Legarda, L. Binay, M. L. N. S. Marcos Jr., F. R. "God is our refuge and strength, an ever· Cayetano, A. P. C. S. Osmefta III, S. R. present help in trouble. Therefore, we will not fear, though the earth gave way and the Cayetano, P. S. Pimentel III, A. K. mountains fall into the heart of the sea; though Orilon, F. M. Poe, G. its waters roar and foam, and the mountains Ejercito, J. V. G. Recto, R. G. quake with their surging" Escudero, F. J. G. Revilla Jr., R. B. Estrada, J. Sotto Ill, V. C. Psalms 46:1·3 Guingona III, T. L. Villar, C. A. With fear, pain, anguish and uncertainty Honasan, G. B. gripping the hearts of many people, we tum to You, the heat of our souls, the source of With 21 senators present, the Chair declared the strength for everything in life. And we ask presence of a quorum. for Your peace, for Your provisions and for Your special presence at this time especially Senator Trillanes arrived after the roll call. for our brothers and sisters, the Boholanons and the Cebuanos, and fellow citizens in different areas of the country. Senator Enrile was on official mission. We ask that we might be given success in Senator Defensor Santiago was on sick leave. the areas of rescue, restoration and renewal, and we trust that You will help us recover and that You will purif'y our spirits, cleanse APPROVAL OF THE JOURNAL our systems, and usher the Philippines into a new and a more desirable phase of our Upon motion of Senator Cayetano (A), there existence as a nation. being no objection, the Body dispensed with the This is our prayer in the Name of Jesus reading of the Journal of Session No. 27 (October 14, 2013) and considered it approved. Christ, our Lord and Saviour. Amen. r 518 WEDNESDAY, OCTOBER 16, 2013 SUSPENSION OF SESSION Senate. All my life, I have always adhered to the rule of law. All my life, it has always been Upon motion of Senator Cayetano (A), the about justice. session was suspended. As former Secretary of Justice, I have always believed in the paramount pursuit of It was 3:18 p.m. justice. I am therefore appalled that there are talks RESUMPTION OF SESSION of cover-up. I have never been a part of any cover-up and I will never be. At 3: 19 p.m., the session was resumed with Therefore, I wish to inform my colleagues Senate President Pro Tempore Recto presiding. and the public that I have decided to sign the subpoena requiring Janet Napoles to appear QUESTION OF PRIVILEGE before the Senate through the Blue Ribbon OF SENATE PRESIDENT DRILON Committee. I repeat, I have decided to sign the sub­ Rising on question of personal and collective poena requested by Senator Teofisto L. privilege, Senate President Orilon delivered the Guingona III to require Janet Napoles to appear following speech: before the Senate Blue Ribbon Committee. I met earlier today with Senate officers, It will be recalled that Ombudsman Conchita particularly, Senate President Pro Tempore Carpio-Morales cautioned us about calling the Sen. Ralph Recto, Majority Leader Sen. Alan pork barrel scam principal suspect Janet Napoles Peter Cayetano, and the chairman of the Blue "at this time" before the Blue Ribbon Committee Ribbon Committee, Sen. Teofisto Guingona III. public hearings as it can create problems for the I have informed them that I have finally decided investigation being conducted by the Ombudsman. to sign the subpoena and compel Napoles to Subsequently, upon the request of Sen. appear and testifY before the Senate. Teofisto L. Guingona III, we wrote another letter, They are fully supportive of this decision. informing her of a request for a reconsideration of her decision and Ombudsman Carpio Morales With this decision, let me emphasize that the reiterated that, indeed, she is standing by her Senate remains committed to the orderly previous advice that it would be prudent, at this administration of justice. We have a functioning time, not to call on Miss Napoles. justice system that will clear the innocent and punish the guilty. Our priority is to prosecute However, while she maintained her position those who are involved and ensure that those of caution, she told us that she will defer to the who misused public funds will be held collective judgment of this august Body. accountable for their actions, and those with no It is unfortunate that my decision to adhere evidence and clearly innocent will be declared to the advice of Ombudsman Morales - to innocent and acquitted from these charges. which I concurred at that time as the more As your Senate President, I have always prudent and responsible action to take to ensure said that this Senate investigation will be an orderly administration of justice - has been relentless in the pursuit for the truth. I consider misconstrued as an effort to hide the truth. the pork barrel scam as a great injustice to the The public criticism that came our way has Filipino people. undoubtedly injured the image of this institution The Senate as an institution has always before a public hungry to see Janet Napoles been on the side of the truth. We saw this during being grilled in the Senate halls. the impeachment of former Chief Justice Renato My decision to defer the signing of the sub­ Corona and the other investigations against poena even created an opportunity for certain corruption especially during the Arroyo adminis­ members of the opposition, particularly those tration. Certainly, in this unprecedented case who seek to block our anti-corruption reforms, to where even members of the Senate are allegedly conduct a media vilification campaign against me involved, we will not shirk from our responsibility. and President Aquino's administration. Ensuring that justice is upheld will always As the head of this institution, I must lead be the priority of this administration and that is in restoring the confidence of our people in the the reason why we are now working towards r WEDNESDAY, OCTOBER 16,2013 519 holding accountable those who have taken Senate President Orilon replied that the Senate advantage of the loopholes in the system. is not bound by anything coming from the other As your elected legislators, we will see to branches of government. He again emphasized that it that no stone will be left unturned in enact­ he simply sought the advice of the Ombudsman, a ing policy changes that will guarantee that this constitutional body, and it is up to the Senate whether mUltibillion-peso scam will never ever happen to adhere to or ignore the advice. again. With that, I am confident that I will have the INTERPELLATION OF SENATOR SOTTO support of the entire Senate in this continuous quest, to seek the truth, to come out with the Senator Sotto expressed the wholehearted support truth, and to make our justice system work. of the Minority to the Senate President's decision, saying that the Minority had discussed the matter INTERPELLATION OF SENATOR ESTRADA a number of times and even thought of allowing the M,yority to decide on it. At the outset, Senator Estrada commended and supported Senate President Orilon for his decision to At this point, Senator Sotto appealed to the sign the subpoena for Mrs. Janet Napoles to appear Senate President to look into the repeated request of before the Blue Ribbon Committee, saying that he, Senator Binay for the issuance of a subpoena duces together with Senators Revilla and Enrile, who was tecum which the Blue Ribbon has not acted upon. among those being implicated in the pork barrel He said that the request was made even before there scam, ought to know the truth. He also hoped that was a request to subpoena Mrs. Napoles. when Mrs. Napoles appears before the Blue Ribbon Senate President Orilon assured the Body that Comittee, she would tell the truth so that the guilty the Chairman of the Blue Ribbon Committee would could be punished and the innocent acquitted. look into the matter. However, Senator Estrada stated that he dis­ INTERPELLATION OF SENATOR OSMENA agreed with the move of the Senate President when the latter sought the opinion of the Ombudsman Senator Osmena expressed his full support for on the propriety of summoning Mrs. Napoles to Senate President Orilon's decision to sign the subpoena. appear before the Senate, an action that he said was tantamount to the Senate surrendering its On whether a majority vote of the membership independence to the Office of the Ombudsman. ofthe Blue Ribbon Committee is required to request a subpoena from the Senate President, Senate Responding thereto, Senate President Orilon President Drilon stated that by practice and tradition, clarified that it was a question of policy that he had the members support the decision of the chairman; decided on, as he emphasized that the decision however, the action ofthe chairman can be questioned was simply to defer "at this time" the calling on by the majority of the committee.
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