Drilon: Treaty or agreement? Let SC on decide on EDCA

Press Release

30 April 2014

Refer to: Jeeno Arellano

 

Senate President Franklin M. Drilon advised critics of the recently-signed Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States to bring their concerns to the Supreme Court.

“It would be wise to bring up to the Supreme Court the debate on the Enhanced Defense Cooperation Agreement, for it is only the high court that can resolve with finality if the EDCA is a treaty that requires the concurrence of the Senate, or an executive agreement which the executive has the power under the Constitution to execute and implement,” said Drilon.

The Senate leader’s recommendations came after several quarters including lawmakers have expressed apprehension over the lack of congressional involvement in the agreement, which was signed last April 28 during the two-day Philippine visit of US President Barack Obama.

Drilon, a former executive and justice secretary, acknowledged the concerns about the EDCA’s conformity to the 1987 Constitution as “legitimate and valid,” and suggested that the EDCA be lodged at the Supreme Court, who will have the power to determine if the agreement must be first ratified as a treaty in Senate before it can be implemented.

“I urge everyone who opposed EDCA to go the Supreme Court, which is the only body that could finally decide whether this is a treaty which would require ratification by the Senate, or an executive agreement which will be implemented by a mere signature of the executive branch,” he said, adding that the SC is the “ultimate arbiter” in this issue.

He said it depends on the executive branch if it thinks the Senate concurrence is needed before the agreement is implemented. But he said the Senate can only act on it officially if executive branch decides to submit the document to the upper chamber.

“If the document is not sent to us, then we have nothing to ratify officially. So I would go back to my suggestion: bring it to the Supreme Court, who is the ultimate arbiter whether this is a treaty or an executive agreement,” said Drilon. ###

Drilon: Gov’t needs to hire more gov’t prosecutors to boost war vs criminality

Press Release
23 April 2014
Refer to: Jeeno Arellano 

(0917.540.9618)

Senate President Franklin M. Drilon today underscored the need to beef up the nation’s cadre of prosecutors, who are crucially involved in the country’s intensifying efforts to fight corruption and arrest criminality in the country.

The Senate leader, who was the guest speaker at the 26th National Convention of the Prosecutors League of the Philippines held today/April 23 in Legazpi, Albay, said that the magnitude of crime and corruption faced by the nation today “must make us all realize just how important is the country’s ability to prosecute criminals and promote the full iron rule of law.”

Drilon believes that the efficient prosecution of crimes will enforce an effective system of deterrence throughout the land.

“When we put these rogues in jail, we send the signal that no one is above the law. We make a strong statement that the law is always on the side of the victims and not on the side of the criminals regardless of their economic and social status,” stressed Drilon, a former Justice Secretary who had been known for his advocacy “Justice Agad.”

According to Drilon, prosecutors are indispensable in “gaining the trust and confidence of our people in the country’s justice system.”

“Our prosecutors play a huge role in bringing the perpetrators of every imaginable crime behind bars, where they rightfully belong,” he said.

With this, the Senate chief vowed that the Congress will continue to provide budgetary support for the hiring of prosecutors until the desired ratio of one prosecutor for every regional trial court is achieved.

In 2014, the Congress increased the budget for Prosecution Services to P2.6 billion from P2.5 billion in 2013. It also allocated funds to improve infrastructure of halls of justice, including the repair and improvement of existing courts and prosecutors’ offices.

“We expect that support to manifest unto tangible results for the country’s anti-criminal and corruption efforts,” concluded Drilon. ###

Transcript of DZRH Interview with Senate President Franklin Drilon by Joe Taruc

Q: Una po sa lahat, Senate President, batiin po namin kayo sa pagtaas ng inyong popularity and trust ratings.
SPFMD: Maraming salamat po Manong Joe. Yung nakalipas na dalawang survey, bumaba po ang ating performance at trust rating, dahil na rin po sa imbestigasyon sa pork barrel scam sa Senado, kung saan po nasangkot ang ating tatlong kasama. Noon pa man, ako po ay naniniwala  na kapag naipakita natin sa taumbayan na wala tayong itinatago, at tayo po ay kumikilos sa paghahanap ng katotohanan, ay diyan po natin maibabalik ang tiwala ng taumbayan.

Nakikita natin sa nakalipas na tatlong buwan, ayon sa huling survey ng Pulse Asia ay tumaas ang ating trust rating ng 15 porsyento, at ako po ay nagpapasalamat sa taumbayan, at asahan po ninyo na  patuloy na paghahanap ng katotohanan sa Senado, at gagampanan natin nang maigi ang ating trabaho upang ayusin at makatulong sa kabuhayan ng ating mamamayan dito sa bansa.

Q: At siguro, ang katotohanan ay habang patuloy ang iba’t ibang imbestigasyon ng mga komite ng Senado, ay patuloy din ang paggiling ng mga batas na pakikinabangan ng ating mga kababayan.
SPFMD: Tama po iyan, sa darating na linggo, ating tatalakayin kapag sinumite na ng Malacanang ang Bangsamoro Basic Law, kung saan makakapagdulot po ito ng kapayapaan sa Mindanao. Kapag nagkaroon po kasi ng kapayapaan, magkakaroon ng pag-unlad sa kabuhayan ng ating mga kababayan, lalo na our Muslim brothers and sisters dun po sa Mindanao.

Q: Well, ngayon lang po kayo matatanong kung ano ang naging reaksyon ninyo sa pagdating ni Atty. Gigi Reyes.
SPFMD: Sa akin po, yaan ay kanyang logical move. Mahirap naman po kasi na magtatago pa siya sa ibang bansa. Hindi naman pwedeng habambuhay ay magtatago ka. Mabuti na umuwi siya. Harapin niya ang kaso, total nandiyan na po iyan. Meron naman pong patakaran ang ating batas, ang ating husgado na kung saan ang talagang nagkasala ay makukulong at yung walang sala ay ma-acquit.

Sa akin po iyan talaga ang logical move para sa kanya. Come home, face the charges, and defend herself at court.

Q: What about yung possibility na maging state witness siya dito sa pork barrel scam?
SPFMD: Alam mo Joe, under sa Rules of Court at ng Witness Protection Program, ito pong pagiging state witness ay may mga prerequisites. Unang una, siya po ay kailangan na least guilty. Number two, ang kanyang testimonya ba ay kailangan para ma-convict yung principal mastermind, at sino ba ang principal mastermind? Wala bang sapat na kondisyon para ma-convict kung wala siya?

Iyan po ang mga kondisyon. Ang tanging makakapagsabi lamang po kung siya ay magiging state witness ay ang Ombudsman, dahil ang Ombudsman ang mag-po-prosecute ng kaso na ito. Hindi po natin alam lahat to what extent ang hawak nilang ebidensiya, at sa tingin ng Ombudsman, kung si Gigi Reyes ay qualified. Iyan po ay nasa kapangyarihan na ng Ombudsman.

Q: Bilang Pangulo ng Senado, would you say nitong Blue Ribbon Committee investigation ay in order?
SPFMD: Sa akin po, unang una, iyan po ay nasa Blue Ribbon Committee Chairman. Pangalawa, hindi ko pa po alam ang status ng BRC report, kung yun po ay na-approve na ng majority at kung naisumite na sa Senado. Huwag po nating kalimutan na ang Senate investigation ay in aid of legislation. At kung kailangan pa po ang investigation in aid of legislation, iyan po ay nasa Chairman na.    

Q: So, ang bola po ngayon ay nasa Ombudsman na? 
SPFMD: Tama po iyan Joe. Ang bola ay nasa Ombudsman insofar as determining kung sino po ang dapat maging state witness. Sa kasong ito, dahil wala pa pong naisampa sa Sandiganbayan, nasa Ombudsman pa, that is why it is still within the control of the Ombudsman kung sino po ang gagawing state witness. Uulitin ko, mayroon pong mga criteria sa ilalim ng Witness Protection Program at sa Rules of Court. Unang-una, yung witness ay siya ang least guilty at not the most guilty. Pangalawa, yung kaniya bang testimony ay kailangan to convict the principal accused. Iyan po ang mga criteria na kailangang tingnan ng Ombudsman bago siya magpasiya na si Atty. Reyes ay dapat maging state witness.

Q: Kapag na-i-file na ba ang kaso sa Sandiganbayan, iyon ay mangangahulugan ng automatic suspension ng mga akusadong senador?
SPFMD: Sang-ayon sa desisyon ng Korte Suprema doon sa kaso ni Gob. Deloso, ang suspension po ng public official na nasampahan ng kaso ay automatic po. Ang kailangan lang ay isang motion galing sa Ombudsman na ihahain doon sa Sandiganbayan, upon the filing of the motion to suspend, walang pong discretion ang Sandiganbayan kundi suspendihin ang official sang-ayon po sa desisyon ng Korte Suprema sa kaso ni Gob. Deloso ng Zambales.

Q: At wala rin pong kapangyarihan ang Pangulo ng Senado na mag-assume ng jurisdiction sa mga akusado?

Wala pong kapangyarihan ang Pangulo ng Senado dahilan po ang tinatawag na custody – iyan po sa Rules of Court ay tinatawaga na recognizance  - ibig sabihin, yung isang akusado ay pwede mong ilagay sa kapangyarihan ng isang mamayan. Ngunit iyan po ay sa mga krimen lamang na may bail. Dahilan po ang recognizance ay para po hindi na maghain ng bail bond ang isang akusado. Samakatuwid, kung ang offense ay bailable; kapag non-bailable offense kagaya ng plunder, yung recognizance po ay iyan hindi po pwede kapag plunder.###

Drilon welcomes increased trust and approval ratings

Press Release

21 April 2014

Refer to: Jeeno Arellano (09272286617)

Senate President Franklin M. Drilon today welcomed the latest Pulse Asia survey showing the steady return of public approval and trust to his office, while vowing to step up ongoing efforts that would “rightfully restore the people’s trust and respect to the honored halls of the Senate.”

“I am happy that our countrymen are beginning to recognize our efforts to win back the confidence and trust of our people in their lawmakers and in the institution, in general, which undeniably had severely eroded due to the pork barrel scam controversy,” said Drilon.

“The pork barrel scam controversy was the biggest challenge we had to face shortly after I assumed the position of the Senate President in 2013. Considering the enormity of people’s outburst and anger towards their lawmakers, the task of regaining the confidence was extremely hard. But we rose to the challenge by ensuring reforms and definite actions would be in place and these have vindicated us, gradually endearing ourselves again to our people,” he added.

He cited as the biggest reform the Senate had undertaken in 2013 the abolition of the pork barrel even before the Supreme Court declared it unconstitutional.

The most recent poll conducted by Pulse Asia Survey showed that the public approval and performance rating for the Senate leader has climbed back to 58 percent, after his approval ratings moved down to 43 percent in December 2013 from 50 percent in September 2013.

The survey also shows a modest decrease in the number of Filipinos who showed disapproval towards Drilon from 21 percent in December 2013 to 18 percent in March 2014. Those who were “undecided” regarding Drilon’s performance as the leading lawmaker of the land also decreased by 2 percent from 25 percent last December to 23 percent this March.

Drilon’s public trust ratings have also made a comeback – rising from 40 percent last December to 55 percent today, even surpassing his initial rating shortly after he assumed Senate Presidency pegged at 46 percent in September 2013.

Distrust ratings for the senator went down to 18 percent from 21 percent last December, with undecided ratings going down to 26 percent from the previous 39 percent.

Drilon said he is immensely grateful to the Filipino people, saying that the results confirm that the “public has acknowledged the concrete actions we have taken in terms of advancing national development, aiding the poor, promoting justice, eliminating corruption, and establishing transparency through effective legislation and national policies.”

“My previous ratings were affected by political attacks against me, and as well as the understandable wave of public disaffection to their leaders during the outbreak of the pork barrel scam. But as we can see here, the public knows who are working with them and for their cause,” the lawmaker explained.

   

Drilon is firm however, that public trust is never earned so lightly: “As Senate President, I recognize the gravity of the undertakings we must do to earn back the favor of our citizenry, and we intend to deliver the necessary reforms and actions, no matter the cost, or how difficult it may be.”

He thus vowed to work harder to restore the people’s trust in the Senate which had been critically affected by the pork barrel scam controversy.

The most recent study conducted by Pulse Asia Survey show that the Senate's overall public perception of performance and public awareness rating has been pegged at 41 percent – not far from the 45 percent performance rating given by the public to the institution last December.

    

The Senate chief also appealed to his fellow lawmakers to bolster their efforts in winning back the people’s trust by better legislative performance.

Drilon detailed how the Senate is gearing up to work on “a priority list of measures that would improve the lives and economic welfare of our people, and those that would improve the system of governance and eliminate corruption and abuse of power from the national bureaucracy.” 

‘We in Congress are set to work on measures such as the Bangsamoro Basic Law, the Freedom of Information Act, along with laws that would reinforce the government’s arsenal of anti-corruption measures such as the amendments to the Sandiganbayan Law in order to speed up the disposition of cases in the anti-graft court, the Whistle Blowers Protection act and amendment to the Witness Protection Program” he said.

He likewise pointed to several measures that would pumprime the economy such as the amendments to the BOT Law, Bangko Sentral ng Pilipinas, Cabotage Law, EPIRA, and the Fiscal Incentive Rationalization Act, the Rationalization of Mining Revenues.

“We have to remember that economic progress is only good if it leads to improved social and economic conditions for the citizenry. We have made sure that while we are striving for policies that focus on long-term macroeconomic gains, there even stronger efforts to uplift depressed sectors, and uphold the financial interests of the everyday Filipino,” Drilon said.

He then pointed to measures in the priority list calling for a Consumer Protection Act, an Anti-Trust Act, and the promotion of micro, small and medium enterprises as development institutions across the country, as well as the student loan program and the institutionalization and promotion of open high school system and distance education in the country.  ###