An officer and a gentleman, Sen. Antonio Trillanes IV, is courteous to Sen. Miriam Defensor-Santiago.
Last Sept. 3, the detained senator filed a resolution questioning Executive Secretary Eduardo Ermita’s meddling in Senate processes by presiding the Senate Technical Working Group on Philippine Baseline Bills on Aug. 14, 2008 in Malacañang.
Trillanes, who is one of the five senators who have filed a bill delineating the country’s archipelagic baseline, said Ermita’s role as presiding officer of a Senate committee meeting is a clear violation of the constitutionally enshrined principle of separation of powers of the three branches of government.
“Secretary Ermita’s actions effectively undermined the independence of the Senate as an institution,” he said.
Santiago, chair of the Senate committee on Foreign Relations that is tackling the baseline bills, was furious. “This is the first time that a senator has ever questioned the discretion of a committee chair to appoint the head of a TWG and the first time that a senator has ever questioned the credentials of the head of the TWG,” she said.
Santiago, who was a judge before she entered politics, asked Trillanes to cite the legal bases for his charges against Ermita within 15 days and for Ermita to submit comments on Trillanes’ statements within the same time period.
In a letter to Santiago last week ( Sept. 17), Trillanes said although he was told that he is not in any way obliged to comply with her request nor bound by her 15-day deadline, he was explaining his position in writing ” as a courtesy to a fellow senator.”
Trillanes, a non-lawyer, cited to Santiago, who styles herself as an expert in constitutional law, passages from her book.
A portion of Trillanes’ letter:
“The principle of separation of powers is quite a well known doctrine in any introductory course in government and I have been told that it is also an important doctrine in Political law. But to accommodate your further request for me to quote the legal provision(s) and/or basis of my claim, my staff came upon your own position as you have extensively discussed in Chapter 3 of your book: ‘Constitutional Law Text and Cases, Volume I, Political Structure’ Second Edition [2000], particularly on pages 163 to 212.
“Allow me to directly quote a few relevant passages from your book in support of my position, to wit:
“The principle of separation means that the governmental powers are divided among the three department of government–the legislative, executive, and judicial–and that each is separate from the other. As a principle, it has been described in our constitutional system as a feature that is both characteristic and cardinal. The principle has been traced back to Cicero, Aristotle, Locke, and Montesquieu.
“The Philippine Constitution establishes three great departments of government: the Legislative to pass the laws; the Executive to approve and execute them; and the Judiciary to expound and enforce them. The difference between the departments is that the legislative makes, the executive executes, and the judiciary construes, the law; xxx”
Trillanes said the undermining of the independence of the Senate was clear when Ermita openly declared during the committee’s Aug. 14 hearing that he intends to have Henry Bensurto, secretary general of the Commission on Maritime and Ocean Affairs and/or the Secretariat from the Department of Foreign Affairs to prepare the draft of the “substitute bill” which will replace the bills filed by the senators.
Trillanes’ bill differs from the position taken by Malacañang on the Scarborough Shoal. Malacañang wants it treated as regime of islands while Trillanes included it within the country’s archipelagic baseline. He said inclusion of Scarborough Shoal, which is less than 125 nautical miles from the shorelines of Luzon would gain for the Philippines approximately 14,500 square meters nautical miles of Economic Exclusive Zone and continental shelf.
Trillions further told Santiago: “It cannot be disputed that the duty and function of crafting bills is essentially a legislative function and, thus, cannot be delegated or assigned either directly or indirectly to functionaries of the executive branch of Government. This is tantamount to allowing the executive, which has shown undue and unusual interest in the Baselines bills not only in the Senate but also in the House of Representatives, to control the outcome of the legislative process.”
Here again, he quoted from her book: “Under the doctrine of separation, the lawmaking function is assigned exclusively to Congress; therefore, Congress cannot delegate the power to make laws to any other authority or body. This is a cardinal principle of representative government.”
Trillanes said since it’s Santiago’s office that designated Ermita as chair of the Technical Working Group on the Philippine Baselines Bills, it would not be the proper venue to thresh out and rule on the matter. His resolution calls for the Senate to convene itself into a committee of the whole to look into it.
Santiago, meanwhile, has directed Ermita to temporarily abstain from presiding over the TWG meeting. She named her deputy chief of staff, lawyer Fatima Panontongan, as acting chair to preside in future meetings to be able to meet with the May 2009 deadline of the United Nation Convention on the Law of the Sea for submission of claims of extended continental shelf, which can only be measured once the archipelagic baseline is defined.
Miriam is again singing her looney tunes. Put her straitjacket back on!
In the same light, the legislative should not meddle with the tongpats on the pork barrels. Must we place an insertion on the constitution putting what was quoted by AT4? Well the three great branches are co-equal in everything in practice, they swipe our money or whats left of it.
22 September 2008
HAHAHAHAHA….. it boomeranged right in the face of the person who “claims” to know almost everything, a real NUTS and BOLTS case that needs tigthening, heheheheheh…
Let’s face it, this administration is vfery fond of violating almost every provisions in the constitution. Ever since they, the bitch and her bands of hoodlums, illegally usurped the powever of the government, these power-that-be has single handidly violated not only the consitutions. but the laws itself. Nothing is spared from this shenanigans. Left and right the hoods have been violating all.
For sen trillanes to return the legality of the action/s by malacanang smack into the face of the all knowing santiago. Whether ermita or his subordinates seat as chairman of the senate TWG is clear violation of the separation and independence of senate. The have been doing the same violations in the supreme court.
This shows “THE CLEAR AND PRESENT DANGERS” that is being courted by the powers-that-be in malacanang.
prans
Filipinos should demand for the dismissal of the arrogant Ermita who is now acting like a president substituting for the fake one. This idiot should be sacked.
Brenda santiago thinks she is God’s gift to the Filipino people. She’s so arrogant and condescending to give orders a peer in the senate as if she is already a seating judge of the international court of justice. Napahiya siya sa isang simpleng tao tulad ni Sen. Trillanes. Akala niya seguro madadala niya sa gulatan si Sen. Trillanes. Malala na talaga ang sakit nito. She made the mistake yet she wants others to own to her mistakes. Ito naman si ermita, walang delikadesa. Garapal tulad ng kanyang amo. Walang pag-galang sa senado. Gusto niya siya na ang magdidikta sa mga senador kung ano ang mga dapat gawin ukol sa archipelagic baseline bill.
Buti nga sa brendang yan. Di supalpal.
The meddlesome CBCP/Catholic Church is at it again; this time directly asking the House Speaker what to do. Where is the separation of the Church and State?
“House Speaker Prospero Nograles literally rejected the request made by Catholic bishops to send the controversial Reproductive Health Bill back to the committee level before debates on it starts at the plenary.
It was Catholic Bishops’ Conference of the Philippines (CBCP) President Angel Lagdameo who requested Nograles that the bill be sent back to the committee level. But the Speaker said it is beyond his powers to order his colleagues what to do and not to do.”
Whether he’s joking or not, Mike Velarde’s politicking and selfish interest are evident when he said he would be forced to run for President if the Reproductive Health Bill is passed. Why doesn’t he first explain his company’s involvement in the C-5 Road extension anomaly?
grizzy, you’re back! Kamusta ang America? Ikaw ba ang nagpasara ng Lehman o ikaw ang nagpautang kay Paulson?
On the topic, SUPALPAL nga si Miriam. Gaya ng SUPALPAL ni Lacson kahapon kay Joker.
There’s always a first time, Brenda!
Back to you, ungas!
Laos na si Mirriam Santiago, supalpal! hahahaha!!!
The Big Shit Joker left before Lacson began his speech as if he already knew what Lacson would say. Lacson merely wanted to disclose that in 1998 as a Congressman from different party, Joker did exactly what Lacson is doing to Villar today. Joker lambasted Villar for the latter’s financial and business gain from road projects. And Cayetano? Unable to stop Lacson from speaking, Alan invoked the rule stating that Lacson should first state what he would say in his speech; but Alan was wrong…it’s never the rule of the Senate to require the speaker to tell what he’s saying. So, these people with evil minds were unsuccessful in stopping Lacson.
I have once concern…and I’m curiously asking this: Could it be that it’s all Erap’s plan to make the opposition senators fight so that he could run again in 2010? Jinggoy at first refused to sit as acting Senate President; but why is he there now? I’m personally not against Erap’s running; but everything is possible in politics.
“I am foaming at the mouth, I’m suicidal, I’m ballistic, I’m homicidal…” – what in heaven’s name is the reason why we Filipinos put deranged people in government?
http://www.youtube.com/watch?v=THvzdRYBiT0
Back at you, ungas!… (mali ang una,hilo pa sa bakasyon).
oopsss, Mirriam forgot her “cardinal principle of representative government”. bwahahah!
Napahiya, heheh! Ganyan nga Sen. Sonny, huwag mong palalagpasin ang mga katarantaduhan ng mga Brendas at Brendos. Hayaan mo silang mag-mulkolyo!
Hahahahaha!!!
Naku, Jug…. naluluha na ako sa katatawa.
Ha!ha!ha! Jug, ang aga-aga pa, natatawa na ako. kahit sa ganito man lamang makabawi tayo.
chi,
She better not do the same thing if she doesn’t get elected in the international court!
jug, napano na ba mukha ni brenda? hahahhah. namamaga!!! baka may lupus na rin yan, o di kaya, yung mga sintomas ng karamdaman kapag brain damaged na ang isang tao, lumalabas na talaga!
thank you. hindi mo akalaing senadora pala yung nagsasalita. akala ko, nakalusot galing mental! 🙂
Sarap maging senador according to Miriam, “pag hindi mo tinanggap ang pork barrel mo, mapupunta lang sa ibang magnanakaw” – so inaamin na niya na mga magnanakaw talaga sila?
http://www.youtube.com/watch?v=MG3hx02SEt0&feature=related
Magkano kinikita ng isang Philippine Senator?
It would take more than self-discipline, personal conviction, religious fervor, and vanity to refuse the pork barrel – ganito pala kalaki! Lacson and Trillanes nagpapakahirap, nagpapakamatay sa trabaho na walang nakukuhang pakinabang? Que horror! This is madness according to Miriam!
http://www.youtube.com/watch?v=f2yl0y6JRgE&feature=related
I don’t know, Miriam’s supposed “Oxfordian” accent sounds a lot like “Tatoy’s” to me…
What’s that quotation, “A fish is caught by its mouth” something like that? Perfect for Brenda.
Thanks, Jug for resurrecting that video. A good way to start the morning with laughter.
Ping is godsend, an Obaman Change for a makeover of the legislatve cancer that is Santiago, the pork and all ills.
Di ba isa sa anak ni santiago nagpakamatay. Ang sabi under tremendous pressure sa paaralan. Law ata ang pinag-aaralan noong anak. Palagay ko di lang pressure sa school ang dahilan ng suicide. Malamang dahil din kay brenda. Napaka-tradgic para sa isang pamilya at sa isang ina ang mangyari ang ganoon. Ngunit sa behavior ni brenda, mukhang bale wala. Parang nagkunwari lang sa pagdalamhati, pagkatapos balik gloria na siya. Ambisyon personal at pang-sarili lamang ang nagmomotibo kay brenda para mabuhay. Tayong mga tao ay balewala sa kanya. Tayo ay kasangkapan niya lamang. Kaya kahit anong gawin niya dapat sa kanya ay ibasura. Di naman pwedeng compost dahil sa napaka-toxic ni brenda. Mamamatay ang mga berdeng pananim, tayo pa kaya. Ang mga tulad niya at mga kasama niya, sina joker et al – Ibasura Na!
Brother Mike Velarde has admitted in an interview that he is available for the presidency if the reproductive health bill is approved. Brother Mike and Manny Villar have one thing in common: They are both big time real estate developers.
Wonder if Miriam will speak during the ICC conference tomorrow and the next day.
Val,
Baka mag-“frothing in the mouth” si Mirriam if she’d be allowed to speak at the ICC conference.