Press Release
February 16, 2009

Transcript of SP JPE's Interview with the Media before Senate Session

Q: May nabago po ba sa version?

SP: Wala. Wala.

Q: Ano po na yung pinaka-importante?

SP: The most important thing is that we have a baseline law. Second, that it is a very accurately defined baseline law because the baselines points are done very accurately. And then, we adopted the provisions of the UN Convention on the Law of the Sea in order to bring in the Bajo de Masinloc or the Scarborough Shoals and the Kalayaan Islands Group within the ambit of the territorial areas of the Philippines. Although we admitted that these two areas, the Scarborough Shoal and the Kalayaan Islands are put in contention.

Q: Yung archipelagic ay yung tatlong region lang?

SP: The archipelagic contours of the Philippines would start from the islands in Amianan and goes down all the way to Balabac in the west and all the way to Sibutun Island in the east and goes back to the island of Amianan in the north.

Q: Synchronized election with the party list with Akbayan?

SP: The inter-parliamentary courtesy suggests that the House should not interfere with the proceedings in the Senate, and I hope that they will respect that tradition. We respect their opinion that they'll have to take the case in very cautious position because we are two Houses. They have their own rules; we have our own rules here. Now, whether or not Sen. Santiago will inhibit herself, that is her prerogative. She's the sole party that can decide whether she can continue the inquiry with all independence and impartiality.

Q: Mag-caucus na ba kayo?

SP: Mag-caucus kami mamaya after the session.

Q: Sir, para san yung caucus? Ano yung issues?

SP: With respect to the World Bank issue. Because I understand that there is a letter from the World Bank presenting its position. So I would like to discuss it with the majority. Q: Is it possible na ma-refer sa Blue Ribbon yung investigation?

SP: I do not know yet. But there is one aspect of this investigation with respect to accountability of public officer. So, to that extent, the Blue Ribbon has jurisdiction. But we will discuss this later on in the caucus.

Q: May kopya po ba binigay sa inyo nung letter ng World Bank?

SP: Wala pa. But she has written me a letter, and she has taken a position on certain issues and I am going to discuss this precisely with the members of the majority.

Q: Anong laman nung letter?

SP: I cannot remember. I just went over it quickly and she is claiming that the World Bank cannot claim absolute immunity. The World Bank, as an institution, can claim immunity, but not its officers.

Q: Yung calls to bring in the committees into the investigation, is this something that will need consent of Sen. Santiago?

SP: It will be presented if there is a resolution that will be filed. Somebody has to file a resolution to the Senate to take up accountability of public officer separately from the economic aspect of the whole issue. If there is such a resolution, it will have to be decided by the Senate.

Q: What can you say about the abrogation of the VFA?

SP: Abrogation of the VFA? The Supreme Court has just rendered a decision recognizing the validity of the VFA. I don't know whether there is a reason to abrogate it. Of course, before it was ratified, people have oppose it, and many were against it. And since then, there has been calls for its abrogation. Just like there has been clamor for the abrogation of the military bases, of the American military bases of the country. The validity of the VFA has been confirmed by the Supreme Court in its decision. That is a separate issue from the custody of Smith. Right now, Smith is under the custody of US Embassy. I understand that Smith was charged with rape and was convicted in the regional trial court but his case was appealed to the Court of Appeals and the case is pending there. So, there is no final judgment yet against him. You can confine him in the penitentiary if there is a final conviction. His appeal is still pending before the Court of Appeals. My understanding of criminal law and procedure is that the accused was charged and under the control and jurisdiction of the court. At this time, Smith is under the control and jurisdiction of Court of Appeals. His place of confinement is ought to be the responsibility and jurisdiction of Court of Appeals. I don't know the understanding of the Philippine Government and US Government with respect to the custody of Smith, if there is such an understanding. I do not know how true it is. I have not read the decision of the Supreme Court, but someone this morning told me when they interviewed me during the bicam on the baselines law that the Supreme Court invalidated the supposed executive agreement between Secretary Romulo and the US Embassy with respect to the custody of Smith. It's now up to Court of Appeals to make a disposition with respect to the custody of Smith where he will be held, how he will be held, the restrictions that will imposed upon him.

Q: There is no need to scrap VFA yet?

SP: Pardon me for not answering that question because I have not studied VFA that well.

Q: If sent to other committee, will it be seen negatively?

SP: Not necessarily because the committees have different jurisdictions. Now, of course, we are assuming that it will be taken from her. I do not know how we can work it out. That's why I am going this with the majority senators this afternoon.

Q: Sir, meron na raw general consultation ngayon para sa oil deregulation?

SP: Who said? Anong mangyayari? They will deregulate? Where will we get the money to support it? If they can tell me how they can fund the money needed to regulate the oil industry then I would like to be educated. In this case that we will subsidize again, do we have the money to do that? I don't think so. But anyway, I will keep an open mind.

Q: Sir, do you consent to the approval of Malolos Bill?

SP: We have already passed it. Let us define the process of legislation. We pass laws here in the Senate and in the Congress, and we are not always infallible if indeed there is a violation of the Constitution, let it be a function of the courts. It will be the courts that will be decide whether the law is valid or invalid. I may have my own opinion, but it is just an opinion of Enrile. It is not binding on anybody except me and those who believe in what I say.

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