Transcript of ambush interview with Senate President Juan Ponce Enrile

Martial Law in Maguindanao

Q: Sir, unanimous 'yung position sa caucus na i-shorten 'yung period?

SP: Hindi naman. Hindi pa. But that was among those suggested. Suggestion pa lang 'yon.

Q: Sir, may sinabi po si Speaker Nograles kanina na baka hindi matuloy 'yung joint session bukas dahil ang basa niya mas maraming mga congressmen ang pabor sa declaration ng martial law.

SP: Nagkausap lang kami five minutes ago, tuloy 'yung session.

Q: Sir, hindi ba magagamit 'yung joint session sa iba pang purpose? May assurance po ba?

SP: We are going to put in the agenda that the only agenda is the declaration of martial law.

Q: Sir, ano po 'yung ine-expect natin sa joint session, ano po 'yung posibleng result ng joint session?

SP: We do not know yet kung ano ang resulta.

Q: How are you going to make up with the lost time in the budget deliberations?

SP: We are going to continue working on the budget until the wee hours of the morning. We will finish the budget.

Q: Before the Christmas break?

SP: Yes.

Q: Sir, ang target ba pati ang bicam report ma-approve before the Christmas break?

SP: Hindi ko masasabi. Pwede ang bicam ay sa pagbukas namin sa Enero.

Q: Sir, magiging re-enactment ang budget by January?

SP: For a short period siguro.

Q: Sir, yung joint session ba will take a few days hindi lang one day?

SP: It's not a one-day affair.

Q: Sir, meron na kayong comment sa report ng presidente?

SP: Yes, I went over it. I cannot make any conclusion right now. I'll have to first hear all the facts.

Q: Sir, aside raw po sa mga baril at bala na galing sa PNP na natagpuan sa mga Ampatuan, meron pa raw pong mga ballot boxes.

SP: Hindi natin malaman kung kailan na-issue sa kanila 'yon o kelan nila nakuha 'yon at paano nila nakuha 'yon. That's a separate investigation altogether.

Q: Sir, sa Senate po magsasagawa ng investigation? May mga resolution na naka-file?

SP: I think Senator Biazon will conduct the investigation.

Q: Sir, in the implementation of martial law di ba dapat may oversight committee na tumingin?

SP: There's no need. Alam niyo, huwag kayong mababahala diyan sa martial law na 'yan. Look at the situation, magdeklara ka ng martial law ngayon, nothing will happen. What powers will anybody exercise if you will declare martial law? Unless, you include the suspension of the privilege of writ of habeas corpus as the President did. Now, even if you suspend the privilege of writ of habeas corpus, you arrest without going to court and get the warrant of arrest but within 36 hours, you are mandatorily required to charge that person otherwise, he's released. And once you charged him, he can bail. Now, apart from that, the Supreme Court is called upon in a proper case to review the sufficiency of the factual basis of the proclamation of martial law and dispose that petition within 30 days. So, hindi ko maintindihan kung bakit ang lahat ay natatakot. Etong martial law na ito, hindi na ito kagaya ng martial law under the 1935 Constitution. Under the 1935 Constitution, nobody can question the President on the factual basis of his decision to proclaim martial law. And the proclamation of martial law includes the suspension of the privilege of the writ. And when you suspend the privilege of the writ of habeas corpus, you can hold any person for a long period of time while you are conducting the investigation and there is no right to bail. Kaya naging masyadong mabigat 'yon. Ngayon, nadefang 'yung tigre ng martial law.

Q: Sir, so no excesses ang ine-expect natin?

SP: How can there be excesses? You have the Commission on Human Rights unless it's sleeping. Its duty is to monitor the activities on the ground.

Q: Sir, baka raw po iabuse ni President 'yung power niya?

SP: How? Hindi facts 'yon. Assuming it will be true, paano niya magagawa under the present Constitution? No way, unless she goes out of the Constitution and declares a revolutionary government. That's the only way she can do it. But if she operates within the Constitution, there's no way she can abuse her power.

Q: Sir, 'yung declaration ng martial law is not an overkill?

SP: I do not know whether it's an overkill or underkill. I do not know all the facts. Even as a Senate President, I cannot impose my judgment over the judgment of the person who was authorized by the people in their Constitution to protect the security and the law and order condition of the country.

Q: Sir, sa report ng Pangulo nabasa niyo ba na may basis?

SP: Hindi ako magbibigay ng conclusion diyan sapagkat 'yan na nga ang pag-uusapan namin.

Q: Sir, suspended ba ang writ of habeas corpus ngayon?

SP: Suspended pero wala ring basis 'yung suspension. Bakit? Kasi you have to be charged within 36 hours and if you are not charged, you have to be released. Now, if you are charged, you can bail in a bailable case. Anong basis doon ngayon? Nothing.

Q: Sir, has there ever been a case in the past in Mindanao wherein massive ammos were recovered?

SP: I don't remember anybody. Maraming napasok sa Bilibid sa illegal possession of firearms and illegal possession of ammunition and explosives.

Q: But not this massive?

SP: Not this massive.

Q: What does it say if this is this massive?

SP: Well, possession is one case. You are charged with illegal possession and you are punished for illegal possession of firearms.

Q: Sir, mababalewala 'yung illegal possession and murder sa crime na rebellion...

SP: If the rebellion is established, then the possession of firearms is absorbed.

Q: How about the multiple murder? Rape?

SP: Narinig ko ang Secretary of Justice, sabi niya that's a separate case altogether because that happened prior to the onset of what they considered to be a rebellious act.