Press Release
September 15, 2009

Transcript of interview with of Senate President Juan Ponce Enrile

Q: Sir, paano po yung line of succession pag may failure of election?

SP: It will be broken. There will be no Senate President and there will be no Speaker of the House.

Q: Do you see the need to pass a law?

SP: We need to pass a law and make Congress select the interim president.

Q: So hindi automatic yun, sir?

SP: No, at the end of June 30, virtually there is no Senate President and there is no Speaker of the House because both Houses must be re-organized.

Q: Sir, di ba you are running and your term will end on June 30?

SP: My term will end on June 30, 2010. This current term will end on June 30. Although I'll continue to be the Senate President until I am replaced. If I will get re-elected, we will re-organize the Congress under a new Congress. So, if there is no election, there is nothing to re-organize. So, the Constitution anticipated that and they said you must pass a law for Congress to determine who will act as temporary president.

Q: So sir, you will pass a law? May time pa ba?

SP: If there's a need, there's a time. If we want, it will work. But I do not believe that there will be a failure of election. But just a matter of contingency, we should pass a law. You see, the election will happen on May 10, 2010 and you will know already if there was a failure of election. So between May 10 to June 30, Congress must elect whoever will become the head of the government temporarily until a new election is called.

Q: From among the lawmakers ang pwedeng maging interim president?

SP: Kaming lahat maiiwan, the same members of Congress until June 30, 2010. A gap of 50 days.

Q: Sir, di ba established na yung line of succession: the president, vice president then you.

SP: That is correct. But beyond June 30, iyon ang problem. Because the president in place will be the president until June 30. What is problematic is June 30.

Q: So the failure of election will happen on June 30?

SP: No, the failure of election will happen on May 10. It cannot be before or after. It will happen on May 10. There's no election. There will be no president, vice president, senators, governors , etc. So Congress now, between May 11 all the way to June 30, must act.

Q: Will that favor the incumbent?

SP: That is the reality of the situation. What can you do?

Q: Sino pagpipiliin?

SP: Depende kung sino ang gusto ng Kongreso.

Q: Sir, sino po ang nagbabalak mag-file ng bill for that?

SP: I don't know kung sino may gusto mag-file ng bill.

Q: Hindi po kayo?

SP: Not me. I have no intention of filing a bill.

Q: Sir, sa scenario, Congress will have to convene session between May 10 to June 30 to pass that bill.

SP: We can convene because we have to canvass the votes. We can convene immediately because we are still in session at that point.

Q: Kung failure sir, what is there to canvass?

SP: We are talking of convening. We can still hold session not necessarily to canvass but to pass laws all the way to June 30.

*"or until 30 calendar days before the opening of its next session exclusive of Saturdays, Sundays and legal holidays" (Sec. 15, Art. 6)

Q: Sir reactions po regarding the privilege speech of Senator Lacson. Is there an effort from you para maliwanagan sila?

SP: Each one here must act in a responsible way. I am not here to be a godfather or an intercessor among my peers. We are all equal here. I give them the freedom of speech.

Q: Sir, even if both of them are from the opposition?

SP: Even then. They can hold different opinions.

Q: Sir, just this morning, Mr. Yuchengco had admitted that indeed he was coerced by the camp of Erap.

SP: He had admitted? Well, I don't know.

Q: Will there have any weight sa culpability ni Joseph Estrada?

SP: If he will testify. Any statement outside of the courtroom would not mean anything. You have to state your facts in the courtroom under oath.

Q: So sir, pwedeng humantong ito sa court?

SP: Ewan ko kung may mag dedemanda. Anything stated outside the courtroom is not evidence yet until presented inside the courtroom under oath.

Q: Sir, nagkaroon ng caucus last night on the transition issues?

SP: Pinag-usapan namin ang mga bills na gagawin namin, yung mga isusulong namin. There is nothing to discuss about transition. For what? I don't believe that there is going to be a failure of election. I read the Constitution. There are two rules of succession: Section 7 and Section 8 of Article 7. If there is an election, then under the rules of succession, the president will rule. If not, then the vice president, if not both then the senate president will rule; then the speaker of the House. But if there's no election, it is Congress. Now if something happens and the president elect is not qualified, the vice president will take over as the temporary president. If both the president and the vice president are not qualified, then the senate president will be the president. If all three are not qualified, then the speaker of the House will be the president. That suggests that Congress has been re-organized. Every Congress will re-organize the Senate and the House of Representatives. But then the last paragraph of Article 7 says that Congress may enact a law to deal with contingencies if there are no such officials involved. Then you can elect anybody in the meantime.

Q: Sir, what do you mean when you say that the police and the military are the legal authorities who can run the government?

SP: I am just telling you the reality that if there is a power vacuum in any country, whether here or abroad, anywhere else, if the Constitution is faulty, the one who can maintain order will be either or both the military or police.

Q: So sir, sabi ninyo na pwede ang Congress to intervene or mag-legislate?

SP: Of course. Yung Kongreso ay buhay pa until June 30 dahil nandiyan pa ang Presidente. Kung walang elected president to succeed the incumbent president then you anticipate the problem. Congress can elect a temporary president and call for an election.

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