Press Release
September 14, 2009

Transcript of Kapihan sa Manila with Senate President Juan Ponce Enrile

ON ELECTING A NEW SENATE PRESIDENT BEFORE 2010 ELECTIONS

SP First of all, I would like to say this since it concerns me. Ako, I am open to any change in leadership in the Senate. In the first place, hindi ko hiningi ang posisyong ito. I did not seek it. It was given to me voluntarily, and I am thankful to my fellow senators for their confidence granting me this honor to become the Senate President.

I am amenable to any changes. But that suggestion betrays a lack of knowledge of the Constitution and the rules of the Senate. In the first place, during every Congress, you reorganize the House when there are new representatives. When there are new senators elected, we reorganize the leadership position. We reorganize the leadership of the committees. So that even if we elect a new Senate President now, among those who will not end their terms on June 30 next year, they cannot function. That Senate President at June 30, 2010, will also be subject to the reorganization of the new Congress.

Even the remaining senators, 12 of them--in our case today, only 11 of them--they cannot function because the Constitution says the quorum of the Senate to elect a Senate President is 13. So after June 30 2010, if there is no election you cannot attain a quorum of 13, there are only 11 senators who lead at that time. It is wrong.

The notion that the Senate is a continuing body is not true. It used to be a continuing body under the 1935 Constitution but not now. As far as I'm concerned, I am open. They can elect a new Senate President tomorrow, by all means, go ahead.

Question, suppose there is no failure of election? What is the purpose of the exercise?

Paniniguro? That is precisely the problem. The rules of the Senate do not allow that situation. And I understand that the suggestion carries with it another suggestion that those seeking the presidency, coming from the senate, are disqualified to vote in selecting the new Senate President. The rules of the Senate say all senators are entitled to vote. As I said, by all means, they can do it tomorrow if they want.

On the proposal to ward off a constitutional crisis

SP That is one reason why I have always been calling for a constitutional amendment of the present Constitution because the framers of the Constitution, I do not know why, forgot the possibility that these things could happen in the country. They were not visionary enough to assume a worse condition, unlike the people who drafted the 1935 Constitution. And that's why we are in this predicament. We have a very dangerous Constitution.

On why the Chief Justice is not included in the list of replacements in the event of a vacuum in the presidency

SP That's the Constitution. Under the 1935 Constitution, the law of succession was provided in its nature. In the law, not in the Constitution. Unfortunately for this country, the framers of the 1987 Constitution imbedded the law of succession that said "if the President dies, or was not qualified, the Vice President will succeed. In the event that the Vice President dies, was removed or whatever or becomes incapacitated, the Senate President turns over. If the Senate President cannot, then the Speaker of the House. Walang Supreme Court.

Mind you, if there is no election, there is no Supreme Court. Why? Who will pay the salaries of the people sitting as members of the court? Who will provide the money? There is no appropriation. In effect, there is no government. We have chaos.

That's why I keep repeating, calling on the Comelec, yes, we will do automation, well and good. But, prepare a backup procedure to effect an election in this country through the traditional way just in case something happens.

The Constitution itself defined who will succeed and then they can recruit the members of the Supreme Court.

On the event of a failure of elections

I will tell you, having been with the military for so long, and the police, to be fair to them, these people are well aware that they must always respect and protect the Constitution of the people.

In a situation where, let us assume the worst, come 2010, nobody is elected, no president, no Vice President, no Senators, you have 12 Senators, one is confined, you have 11 working Senators but inutile, they cannot do anything except talk among themselves, unless they are respected by the military and the police who say okay, we will recognize you, and form the government, that will be outside of the Constitution. No governors, no mayors, no provincial boards, no municipal boards, no barangay, who will run this country?

Who will represent us? We have no budget at that point except the budget that we will pass this year for 2010. And it is important for us to have that budget. But who will raise the money? Wala. Who will collect the tax? In other words, next year is a very critical time for this country. If this happens, I hope it will not happen, the military and the police, in a scale of 10, I will say 10, they will act to preserve the peace, to preserve the security, to preserve the integrity of the country and I hope that in doing so, they will get somebody who will run the civilian side of the government.

On the suggestion of having a holdover Senate President

Imposible nga under the present system. That Senate Presidency will be up to June 30. When the Congress opens in July, bago na kung papalitan yung mga officers ng Kongreso.

Even if you are a Senate President, and they will not respect you, it is a very problematic situation.

Is there no solution in sight? We brought this on ourselves. So many people thought that this Constitution is the best Constitution we have. With due respect to them, this is the most dangerous Constitution we have in the entire history of the country.

Dangerous in the sense that it causes certain contingencies that are beyond solution, unless the people that serve will act.

On Tax on Text

Q: Sir, nakalagay na po sa mga pahayagan ang text tax na panukala ng House. Ano po ang posisyon ng Senado?

SP: Hindi ito papasa sa Senado. Ang tatamaan kasi ang mga tsuper, trabajante, teachers, estudyante, kabataan, OFWs, nurses, doctors --- mga pangkaraniwang mamamayan. Ako at ang mga kasama ko sa Senado ay hindi papayag na dagdagan ang buwis lalo na ng mga walang kaya sa buhay.

Q: Sir, we just want to inform you that the OFW sector is very appreciative of the Senate's position na as you said you gave your assurance that the House bill on the five-centavo text tax will not be passed by the Senate.

SP: You tell them, even if they will not support us, we will kill that bill.

Q: According to the survey, we have the highest text rate in Asia and we are only a poor country.

SP: We are the texting capital of the world. Ngayon, nirerebisa 'yung amendment ng national telecommunications code. At ipiprisenta ko 'yun at babaguhin natin ang batas.

Q: Papasa ba 'yan before the end of the year or before the adjournment of this Congress?

SP: That is my intention. Madali lang 'yan lalo na kung ise-certify ng Presidente. In one day, we can pass it.

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