Press Release
August 23, 2010

Transcript of interview of Senate President Enrile

On Senate custody of Senator Lacson

SP Kung papayag ang husgado. Lahat 'yan depends upon the court. If they will allow us to have custody, we will assure them that we will secure the Senators here, but they are subject to the orders of the court.

(Ano pong process ang gagawin para ma-secure si Senator Lacson?

There must be a proper motion and it must be approved by the courts. Whether you call it recognizance, custodial, pare-pareho lang 'yan basta may order of the courts.

(Are you amenable to pass a resolution expressing the sense of the Senate that you want custody of the Senators?

Of course, member namin 'yang mga 'yan, but it is subject to the conformity of the court. We cannot just take hold of them and keep them without the authority from the court.

(Sir, tama po ba 'yung move ng family ni Senator Lacson asking President Noynoy na i-cancel 'yung warrant of arrest ni Senator Lacson para lumabas po siya?)

Alam mo, ang Presidente, hindi niya mamamanduhan 'yung Husgado to cancel the warrant of arrest. That is beyond the power of the President. All that the President can do, if he wants, is to ask the Secretary of Justice to make the proper motion on behalf of the State to withdraw the case, with the conformity of the accused, so that it can be reviewed. Without the conformity of the accused, it is withdrawn by the State and it is allowed to be withdrawn, lalo na kung na-arraign na, double jeopardy na 'yun. Mali 'yun. Pero kung papayag 'yung nakasakdal, kahit na-arraign na siya na iwi-withdraw 'yung kaso niya para ma-review muli, at tama 'yung sakdal na ipinataw sa kanya, pwede 'yun. Pwede 'yun. The President can order the Secretary of Justice to do that, but the President cannot order the suspension of the warrant of arrest.

('Yun parliamentary immunity pwede po ba gamitin?)

SP Walang parliamentary immunity kami dito. You can be arrested if you committed a crime. Only if the punishment is lower than six years, you cannot be arrested while Congress is in session. Walang immunity ang mga Senador. Mali, there is no immunity given to us.

On whether there is already a compromise on the CA issue

SP Meron na. I think Manny Villar gave up his seat in favor of Senator Cayetano. That is internal to them. The distribution is still 9-3. That is the computation. Palagay ko it will be announced today. All's well that ends well.

On taking out the franchises of the killer buses

SP Alam mo, kung 'yang mga bus companies na 'yan ay may mga accidents na ganyan, dapat we withdraw their operation. Matagal na 'yan na dapat na ganoon, para magkaroon ng disiplina sa kalye.

(Sir, nagpapalit lang po sila ng business name?)

SP Hindi pwede, kasalanan ng nagbibigay ng franchise 'yan. Hindi pwede 'yung suspension, ang buhay hindi mo nasususpinde pag namatay na. Kaya pati 'yung mga pulis na nagto-torture, kailangan pag ganoon, hulihin, ikulong. Dapat hindi na pulis 'yun. Walang salitaan, iba 'yung treatment ng mga law enforcement sa ordinary civilians. They are supposed to be lawful, not lawless.

On the hostage taker

SP Tama 'yun, the hostage taker must be charged. Walang patawad, kailangan kasi, kung minsan kasi, malambot tayo.

(Pwede siya i-charge sa anti-terrorism?)

SP That comes under the anti-terrorism law that we passed. He should serve in the penitentiary instead of being a policeman. Why is he considered under anti-terrorism? May demands siya, 'di ba? Hinostage niya, he is demanding the government to reinstate him. Ano 'yun? All the elements of the crime are there.

On Lacson

SP It is the Court that will decide. Whether there is a resolution or no resolution, if the court said okay, we will allow him to be under the custody of the Senate, hindi na kailangan ang resolution. That is within the power of the Court. Hindi kami ang magfa-file ng motion. It has to be the lawyer of the offender.

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