Senators cool off on Villar C5 case but Miriam heats up floor

A day after their heated exchange of arguments Monday, senators seemed to have decided to lay off the ethics case of Senator Manuel Villar Jr. for a while, even adjourning the session an hour after it was opened. But Senator Miriam Defensor Santiago simply had to have her last word on the issue of senatorial decorum. Santiago walked out after delivering her sponsorship speech on Resolution 1472, clearing Senator Manuel Villar Jr. of the charges hurled against him in connection with the C5 road project mess. "I therefore excuse to accept any interpellation. I'm now very, very, very tired of politics and with all humility and all respect, I will now walk out of these proceedings," the senator said.
Who wants to delay? When after this Senate Majority Leader Juan Miguel Zubiri suspended the discussion on the resolution, Senate Minority Leader Aquilino Pimentel Jr. and Senator Joker Arroyo protested, saying that the minority bloc was ready for any questions from the majority. "We are ready to be interpellated, unfortunately the majority is afraid," Arroyo said. Pimentel further said that the minority wants to “finish this, so we can dispose of it," otherwise they would be seen as delaying the proceedings “so that Mr. Villar can avoid being sanctioned by this chamber." He added that "if there is any move to defer the proceedings, that is the responsibility of the majority, not the minority bloc." Zubiri replied that the resolution was deferred because they need to tackle Senate Bill 3404 or the Philippine Immigration Act of 2009, strengthening the Bureau of Immigration. The Senate would resume discussion on the resolution Wednesday and put it into vote either the same day or on Monday, he added. "Definitely the minority will not be accused of delaying...We would like to take this up. For the meantime, our colleagues can rest, relax, have a coffee break and cool down a little bit so we don't have a repeat of our action-packed session yesterday," the senator said. Miriam irked Senator Santiago had earlier challenged her colleagues to resign for lack of decorum, as she bewailed the name-calling, nasty remarks and shouting at the height of exchange of arguments Monday. "I have to say that yesterday’s proceedings did not constitute the brightest moment of the Philippine Senate. Our language and behavior did not serve the nation," she said. "If this is the kind of hostile, belligerent attitude we bring to our debate, then all of us should resign immediately, because we do not deserve to be senators. Magresign na lang tayong lahat, ganun pala ang tingin natin sa mga sarili natin at nagsisilbi ba tayo sa publikong Filipino sa ganyang paninira? (Let us all resign, if that’s how we regard ourselves. And do we serve the Filipino public by engaging in such slander?)" the senator added.
She singled out Enrile for calling her a “so-called expert" who had “not read the precedents in the country and in the US" with regards her opinion that 2/3 of the Senate or 16 senators are needed to approve the recommendation of the committee of the whole to censure Senator Villar. "Without any provocation, I have been insulted... In itself that already was unparliamentary behavior," Santiago said, pointing out that she had always been respectful in her statements with regards to her colleagues. She added: "I have always been polite in expressing a legal opinion contrary to those of my colleagues. But I certainly will not countenance any senator insulting me, just because my opinion happens to be different from his." Enrile, chairman of the committee of the whole, believed a simple majority or 12 senators are needed to adopt and implement the committee report. The Senate has yet to decide which voting standard it will use. "Just because a committee chairman submits a report does not necessarily mean that we are all bound to abide by his report. That is our basic freedom. This is a democracy, his vote isn't the same as my vote, as the vote of you and me. I don't think anyone should take umbrage simply because his colleagues do not want to accept his manner of thinking. Why should I be punished just because I don't want anybody else to tell me how to think," Santiago said. Vote of 16 senators needed The senator cited Section 97 of the Rules of the Senate which states: "Upon the recommendation of the Committee on Ethics and Privileges, the Senate may punish any Member for disorderly behavior and, with the concurrence of two-thirds (2/3) of the entire membership, suspend or expel a member. A penalty of suspension shall not exceed sixty (60) calendar days." She said the threshold question is whether censure and restitution of some P6 billion combined, as in Villar's case, constitute such behavior that requires two-thirds vote of the entire membership. "My humble answer is ‘Yes.’ It appears that Section 97 distinguishes between two classes of offenses: (1) mere disorderly behavior; and (2) heinous behavior, such as to call for suspension or expulsion. But what about behavior that is more than disorderly, but less than heinous?" Santiago said. She said the Senate Rules do not provide for the entire spectrum of offenses so there is a genuine gray area—what she called a lacuna—in the law. "It is our duty, as senators, to fill this gap in our own rules." She believed that because of this they need to apply the standard of proof in a criminal case, which is “proof beyond reasonable doubt." "We should not suspend or expel a senator on mere ‘credible substantial evidence,’ because that would be tantamount to capital punishment," the senator said. Santiago also urged Enrile to "emulate his predecessor by facing the prospect with equanimity and, if necessary, leaving the position with grace" now that there is talk of another reorganization. Enrile assumed the Senate leadership in November 2008, after senators signed a resolution stating that they no longer had confidence in Villar, then Senate President, prompting the latter to resign and be replaced by Enrile. "There is no need to heap coals of vitriol over the heads of those who do not agree with the Senate President. I have been acting under the belief that after all, we are still under a democratic system of laws, and not under an authoritarian martial law system where even senators are denied the right of free expression," she said. Meanwhile, the senators passed on second reading the Immigration bill but failed to approve it on third reading due to lack of quorum on the floor. Zubiri then moved for the adjournment of the session around past 5 in the afternoon. Aside from Santiago, Zubiri, Pimentel and Arroyo, present during the session were Senate President Juan Ponce Enrile, Senate ProTempore Jose 'Jinggoy' Estrada, Senators Edgardo Angara, Francis Pangilinan, Benigno Simeon Aquino III, Manuel Roxas II, Pilar Juliana Cayetano, Ramon Revilla Jr, Lito Lapid, Ma Ana Consuelo Madrigal and Francis Escudero. – JV, GMANews.TV