Funds to military hospitals unreleased, Mindanao war casualties being ignored, says Trillanes

Senator Antonio Trillanes IV said casualties of the war in Mindanao are being ignored by the government with the delayed release of his 2007 and 2008 Priority Development Assistance Fund (PDAF) allocation intended for military hospitals.

Trillanes has waived the P100-million PDAF allocation for ‘hard’ or infrastructure projects to be consistent with his campaign commitment. His office is awaiting the release of the P100 million allocation for ‘soft’ or healthcare/educational assistance projects. Military hospitals of the Philippine Army, Philippine Air Force, Philippine Navy, and the Armed Forces of the Philippines Medical Center will receive a total of P29 million from this fund.

This month alone 26 soldiers have been reportedly wounded from recent encounters with Moro rebels in the Lanao del Norte and Lanao del Sur provinces.

“There’s obvious demand for medical services in light of the heightened conflict in Mindanao,” said Trillanes. “GMA (Gloria Macapagal-Arroyo) herself put these men and women in the line of fire as a result of her failed peace policies. If she cannot help them, she shouldn’t stand in the way of those who want to.”
Each senator is supposed to be entitled to P200 million for either ‘hard’ or ‘soft’ projects. However, most opposition senators have not received PDAF allocations after allegations of electoral fraud against President Gloria Macapagal-Arroyo, based on wiretapped phone conversations with then-elections commissioner Virgilio Garcillano that were leaked in 2005.

Trillanes had earlier waived his 2007 PDAF allocation as an election campaign promise. But since half was already allocated upon assuming office, he directed the P100 million to public hospitals nationwide and the construction of school buildings.

“If the said amount would not be programmed, it would be like giving GMA a P100-million blank check,” he said in an earlier statement.

Unused pork barrel funds are redirected to the national treasury and may be drawn by the Office of the President.

Other would-be beneficiaries of Trillanes’ 2008 PDAF include indigent patients of government hospitals nationwide (P70,500,000) and school assistance programs (P5,500,000).

To be transparent, Trillanes has posted all his funded projects at his official website, senator.trillanes.org.

END

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Trillanes backs allegation vs. Ermita as ‘baselines’ committee chair
Answers Defensor-Santiago’s request for legal basis as a ‘courtesy’

Senator Antonio Trillanes IV answered recently Senator Miriam Defensor-Santiago’s request for the legal basis of his allegation of illegality and impropriety against Executive Secretary Eduardo Ermita.

In a letter to Defensor-Santiago dated September 17, 2008, Trillanes maintained that Ermita’s chairmanship of a Senate committee meeting was ‘unconstitutional, illegal and improper’ based on the doctrine of separation of powers between the executive and legislative branches of government.

“It is a legal principle studied in any introductory course in government and political law.” said Trillanes. He extensively cited the discussion on the principle in the book, ‘Constitutional Law Text and Cases, Volume I, Political Structure’ authored by Defensor-Santiago herself in support of his position.

Trillanes filed a resolution last September 4, 2008 seeking a legislative inquiry on Ermita’s act of acting as chair and presiding officer of the Technical Working Group (TWG) meeting on bills on the Philippines’ archipelagic baselines held in Malacañang. The group was comprised of the Senate Committees on Foreign Relations, Finance, and National Defense and Security last August 14, 2008.

During the meeting on the five separate ‘baselines’ bills authored by Senators Trillanes Edgardo Angara, Rodolfo Biazon, Juan Ponce Enrile, and Aquilino Pimentel, Ermita, who was designated as chair of the Technical Working Group (TWG) of the Committee on Foreign Relations by Defensor-Santiago, directed the TWG to adopt and draft the preferred option of the executive branch.

“Allowing one of the highest functionaries of the executive branch to preside over the TWG of the Committee on Foreign Relations not only constitutes an undue intervention by the executive into the exclusive powers and duties of the legislature, but likewise unduly imperils the much cherished independence of the Senate as an institution,” said Trillanes.

Trillanes also questioned the propriety of having Defensor-Santiago’s office, which designated Ermita as chair of the TWG, as the venue or forum for the resolution of the issue. “I requested in my resolution for the Senate to convene itself into a committee of the whole to look into the matter, as it is more appropriate to proceed in accordance with the Rules of the Senate,” he said.
According to Trillanes, he is not obliged to comply with Defensor-Santiago’s request to explain his position and submit to her Committee’s jurisdiction, but his response was “an expression of courtesy” to a fellow Senator.

END

— XXX —

17 September 2008

HON. MIRIAM DEFENSOR SANTIAGO
Senator
Senate of the Philippines

Subject : Your Letter-Request Dated 08 September 2008

Dear Sen. Santiago:

I write with reference to your letter dated 08 September 2008 requesting the undersigned:

“xxx to cite the specific basis for [my] charge that the appointment of Sec. Eduardo Ermita as chair of the Technical Working Group on [the Philippine] Baselines [Bills] is allegedly: ‘unconstitutional, illegal and improper’. If possible, kindly quote the legal provision.”

Improper Venue/Forum

First of all, considering the fact that it was your Office which designated Executive Secretary Eduardo Ermita as chair of the Technical Working Group (TWG) on the Philippine Baselines Bills, I do not believe that your Office would be the proper venue or forum to thresh out and/or rule upon this particular issue for obvious reasons.

I have filed my resolution, P.S. Resolution No. 614, asking for the Senate to convene itself into a committee of the whole to look into this matter and I intend to pursue the same. I believe it is more appropriate to allow the matter to proceed in accordance with the Rules of the Senate so that the same can be properly resolved and/or disposed pursuant to the Rules.

No Submission to Jurisdiction

I have been told that I am not in any way obliged to comply with your request nor am I bound by your 15-day deadline. Personally, I believe that it should either be the Senate as a committee of the whole or the Committee on Rules which should resolve this issue.

However, as a courtesy to a fellow senator and without submitting to the jurisdiction of your Office/Committee on the matter, I will oblige your request and explain my position on the matter.

The Specific Basis

As cited in P.S. Resolution No. 614 itself, my claim that the appointment of Executive Secretary Eduardo Ermita as chair of the TWG of the Senate Committee on Foreign Relations is “unconstitutional, illegal and improper” is based on the doctrine of separation of powers between the executive and legislative branches of government [See: The Fifth Perambulatory (Whereas) Clause, Page 2, P.S. Resolution No. 614].

Legal Basis

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[1]. As a principle, it has been described in our constitutional system as a feature

that is both characteristic[2] and cardinal[3]. The principle has been traced back to Cicero, Aristotle, Locke, and Montesquieu[4].

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[5]. THE DIFFERENCE BETWEEN THE DEPARTMENTS IS THAT THE LEGISLATIVE MAKES, THE EXECUTIVE EXECUTES, AND THE JUDICIARY CONSTRUES, THE LAW; xxx[6].

xxx xxx xxx

The Philippine Constitution contains an implicit division of the powers of government among the three departments[7]. Xxx.

xxx xxx xxx

The Constitution provides: Article 6 Section 1:“The legislative power shall be vested in the Congress of the Philippines which shall consist of a Senate and a House of Representatives …”. Article 7 Section 1:“The executive power shall be vested in the President of the Philippines.” Article 8 Section 1: “The judicial power shall be vested in one Supreme Court and in such lower courts as may be established by law.[8]“

xxx xxx xxx

Separation of powers has been described as “probably the most important principle of government declaring and guaranteeing the liberties of the people“[9]. It prevents the exercise of autocratic power[10]. It prevents the exercise of autocratic power[11].

xxx xxx xxx

The Constitution does not specifically provide for the principle of separation of powers. Instead, it divides the power of the state among three branches, by creating separate legislative, executive, and judicial departments[12]. Xxx.

There is no precise definition of the doctrine of separation of powers. The theory is that “A POWER DEFINITELY ASSIGNED BY THE CONSTITUTION TO ONE DEPARTMENT CAN NEITHER BE SURRENDERED NOR DELEGATED BY THAT DEPARTMENT, nor vested by statute in another department or agency“.[13]

xxx xxx xxx

The three departments of government are independent, because each one derives its authority directly or indirectly from the people and is responsible to them.[14] WITHIN ITS JURISDICTION, EACH DEPARTMENT IS SUPREME, AND POSSESSES THE POWER OF EXCLUSIVE COGNIZANCE, MEANING NONE OF THE OTHER DEPARTMENTS HAS THE RIGHT TO INVADE ITS SPHERE OF OPERATION.

The optimum relationship among the departments should be harmonious and independent, in that NO ONE DEPARTMENT SHOULD SEEK TO CONTROL ANY OF THE OTHERS. Each department should in the first instance refer to the constitution to determine what government powers have been delegated to it; xxx. “ONE DEPARTMENT MAY NOT BE CONTROLLED OR EVEN EMBARRASSED BY ANOTHER UNLESS THE CONSTITUTION SO ORDAINS.”[15] [Underscoring and highlighting provided]

But even without having the privilege of reading your comprehensive discussion on this matter, I believe that anybody who has read our 1987 Constitution will find the arrangement of having the Executive Secretary, the one of the highest ranking functionary of the Executive Department of the Government, to act as the chairman of the Technical Working Group (TWG) of the Committee on Foreign Relations of the Senate which is supposed to draft the Philippine Baselines Bill to be highly improper and diametrically opposed to the doctrine of separation of powers.

This is particularly true in this case when the Executive Secretary has openly declared during the Committee’s hearing of 14 August 2008 that he intends to have Mr. Henry Bensurto, Secretary General of the Commission on Maritime and Ocean Affairs (CMOA) and/or the Secretariat from the Department of Foreign Affairs (DFA) to prepare the draft of the “substitute bill” which will replace the bills filed by the Senators.

Verily, it would appear that the Office of the Executive Secretary has already arrogated unto itself the role and/or duties of the Committee on Foreign Relations of the Senate because, as properly pointed out by the Honorable Sen. Rodolfo G. Biazon in his remarks during the plenary session last 03 September 2008, it is already the Office of the Executive Secretary which is issuing invitations to Senators to attend the meeting of the technical working group on the baseline issue and said meeting are supposed to be held at the very Office of the Executive Secretary in Malacañang.

Not only is this absurd because we now have an officer of the executive branch of government inviting Senators to what is supposed to be the exclusive function or activity of the Senate, I believe that this is also clearly in violation of Section 22, Rule XI of the Rules of the Senate which provides that it is only the Chairman of the committee or one-third (1/3rd) of its members who may call a special meeting of the committee and subject to the required three (3) day advance notice. Since the meeting being called by Mr. Ermita certainly does not qualify as a “regular” meeting of the committee, therefore, the same may only be called upon at the instance of the Chairman and/or with the concurrence of one-third (1/3rd) of the members of the committee, especially in this case where the meeting is supposed to be held outside the premises of the Senate.

Needless to state, I believe that 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. This is clearly contrary to the rulings and court precedents you cited in your book.

As you have expressly declared in your 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.[16] This is a cardinal principle of representative government.”[17]

[Underscoring and emphasis supplied]

Hence, I believe that allowing the Executive Secretary, one of the highest functionaries of the executive branch, to preside over the TWG of the Committee on Foreign Relations of the Senate not only constitutes an undue intervention by the executive into the exclusive powers and duties of the legislature but likewise unduly imperils the much cherished independence of the Senate as an institution.

Finally, I submit that there are enough competent people in the Senate and in the Committee on Foreign Relations such that there is actually no need to import the Executive Secretary, or any functionary from the executive for that matter, to preside over the TWG meetings.

Thank you for your kind attention.

Very truly yours,

ANTONIO “SONNY” F. TRILLANES IV

Copy Furnished:

Senator Antonio Trillanes IV is questioning the mining investment by China’s ZTE International in Diwalwal in Monkayo, Compostela Valley with the Philippine government.

Trillanes filed a resolution today directing the Senate Committee on Accountability of Public Officers and Investigations to look into the Memorandum of Agreement (MOA) supervised by Department of Trade and Industry Secretary Peter Favila under special authority from President Gloria Macapagal-Arroyo.

The special authority signed on July 12, 2006, designated and authorized Favila to negotiate, conclude and sign a Memorandum of Understanding (MOU), for and on behalf of the Republic of the Philippines with ZTE. The MOU was intended as a cooperative agreement between both parties to work together and cooperate in the investment activities.

According to Trillanes, the MOA violates RA 7942 or the Philippine Mining Act of 1995, which regulates mineral resources development in the country. This governing law takes into consideration local government empowerment, the indigenous cultural communities, equitable sharing of benefits and natural wealth, globalization and environmental sustainability.

He also challenged Secretary Lito Atienza’s contention that the MOA was incomplete without the consent of the Department of Environment and Natural Resources (DENR). “Secretary Favila entered into this anomalous agreement through the direct authority of President Arroyo herself. The DENR’s approval was not necessary,” said Trillanes.

Trillanes also deemed the exploration, development and operation of mining areas without full State control and supervision as ‘unconstitutional.’

END

———- xxx ———-

FOURTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )

Second Regular Session )

SENATE

P.S. Res. No. 625

————————————————————————–

Introduced by Sen. Antonio “Sonny” F. Trillanes IV

————————————————————————–

RESOLUTION

DIRECTING THE SENATE COMMITTEE ON ACCOUNTABILITY OF PUBLIC OFFICERS AND INVESTIGATIONS, AND OTHER APPROPRIATE COMMITTEES TO INQUIRE, LOOK INTO AND INVESTIGATE IN AID OF LEGISLATION, THE AUTHORITY GIVEN BY THE PRESIDENT OF THE REPUBLIC TO SECRETARY PETER FAVILA TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE ZTE INTERNATIONAL INVESTMENT LIMITED IN THE DEVELOPMENT AND IMPLEMENTATION OF VARIOUS INVESTMENT ACTIVITIES IN THE PHILIPPINES WHICH INCLUDE AMONG OTHERS THE EXPLORATION, DEVELOPMENT AND OPERATION OF MINING AREAS IN DIWALWAL WHICH CONSTITUTE A CLEAR VIOLATION OF SECTION 2, ART. XII OF THE CONSTITUTION, AND REPUBLIC ACT NO. 7942, OTHERWISE KNOWN AS ‘THE PHILIPPINE MINING ACT OF 1995’ WITH THE END IN VIEW OF PREVENTING SUCH UNWARRANTED ACTS FROM BEING REPEATED IN THE FUTURE

WHEREAS, on 12 July 2006, President Gloria Macapagal-Arroyo signed a Special Authority designating and authorizing Secretary Peter J. Favila of the Department of Trade and Industry to negotiate, conclude and sign, for and on behalf of the Republic of the Philippines, a Memorandum of Understanding (MOU) between the Philippine Government and the ZTE International Investment Limited of China, for the cooperation and implementation of various investment activities in the Philippines;

WHEREAS, these investment activities include, among others, the exploration, development and operation of mining areas in Diwalwal in Davao ;

WHEREAS, the award to ZTE International Investment Limited is in clear violation of Section 2, Art. XII of the Constitution which provides that xxxxxx “The exploration, development, and utilization of natural resources shall be under the full control and supervision of the State. The State may directly undertake such activities, or it may enter into co-production, joint venture, or production-sharing agreements with Filipino citizens, or corporations or associations at least sixty per centum of whose capital is owned by such citizens xxxxxx ”;

WHEREAS, while the President is authorized under the same constitutional provision, to enter into agreements with foreign-owned corporations involving either technical or financial assistance for large-scale exploration, development, and utilization of minerals, petroleum, and other mineral oils according to the general terms and conditions provided by law, based on real contributions to the economic growth and general welfare of the country, Congress should be notified of the same within thirty days from the execution of every contract;

WHEREAS, such act of the President is in further violation of Sections 10 and 11 of DENR Administrative Order No. 96-40, with the revised implementing rules and regulations of R.A. 7942, otherwise known as the Philippine Mining Act of 1995 as the subject thereof;

NOW, THEREFORE, BE IT RESOLVED, as it is hereby resolved to direct the Committee on Accountability of Public Officers and Investigations, and other appropriate committees to inquire, look into, and investigate in aid of legislation, the authority given by the President of the Republic to Secretary Peter Favila to enter into a memorandum of agreement with the ZTE International Investment Limited in the development and implementation of various investment activities in the Philippines which include among others the exploration, development and operation of mining areas in Diwalwal which constitute a clear violation of Section 2, Art. XII of the Constitution and Republic Act No. 7942, otherwise known as the Philippine Mining Act of 1995, with the end in view of preventing such unwarranted acts from being repeated in the future.

ADOPTED,

ANTONIO “SONNY” F. TRILLANES IV
Senator

Senator Antonio Trillanes IV filed a resolution today initiating appropriate legislative action against Executive Secretary Eduardo Ermita’s participation in a recent meeting on bills on the Philippines’ archipelagic baselines. Senators Trillanes, Edgardo Angara, Rodolfo Biazon, Juan Ponce Enrile, and Aquilino Pimentel have authored five separate ‘baselines’ bills.

Ermita presided over the Technical Working Group meeting of the Senate Committees on Foreign Relations, Finance, and National Defense and Security. On August 14, 2008 in Malacañang,

Trillanes alleged that Ermita’s role as presiding officer of a Senate committee meeting to ensure that the position of the Executive Branch is adopted, 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 added.

Ermita, at the meeting, directed the Senate Committee on Foreign Relations to adopt and draft the preferred option of the Executive Branch.

A Technical Working Group of a standing Senate Committee normally prepares the committee report and recommendation to the Committee Chairman. The Committee on Foreign Relations chair is Senator Miriam Defensor-Santiago.

Also in attendance were resource persons from the Philippine Coast Guard, Department of Foreign Affairs, National Mapping and Resource Information Agency, Bureau of Fisheries and Aquatic Resources, and Department of Energy.

END

—————- xxx —————-

FOURTEENTH CONGRESS OF THE REPUBLIC )

OF THE PHILIPPINES )

Second Regular Session )

S E N A T E

P.S. Res. No. 614

Introduced by Sen. Antonio “Sonny” F. Trillanes IV

RESOLUTION

DIRECTING THE SENATE COMMITTEE OF THE WHOLE, TO INQUIRE, LOOK INTO AND INVESTIGATE IN AID OF LEGISLATION, THE UNCONSTITUTIONALITY, ILLEGALITY AND IMPROPRIETY OF HAVING EXECUTIVE SECRETARY EDUARDO ERMITA PRESIDE OVER A TECHNICAL WORKING GROUP (TWG) MEETING OF THE SENATE COMMITTEE ON FOREIGN RELATIONS TO TACKLE PENDING LEGISLATIVE MEASURES CONCERNING THE ARCHIPELAGIC BASELINE OF THE PHILIPPINES HELD LAST 14 AUGUST 2008, AT BONIFACIO HALL OF MALACANANG, MANILA; WITH THE END IN VIEW OF INITIATING APPROPRIATE LEGISLATIVE ACTION THERETO

WHEREAS, a technical working group (TWG) meeting of the Committee on Foreign Relations on Senate Bills 1467, 2144, 2181, 2215, and 2216 was held last Thursday, 14 August 2008, 2:00 p.m. at the Bonifacio Hall of Malacanang Palace (See notice of TWG hereto attached as “Annex A”);

WHEREAS, to the surprise of some twelve (12) members of the technical staff, representing the different offices of the senators, who attended the TWG meeting, it was Executive Secretary Eduardo Ermita, ostensibly, in his capacity as the Chairman of the Commission on Maritime and Ocean Affairs, who actually presided over the said meeting;

WHEREAS, even according to the transcript of the said TWG meeting (See attached “Annex B”), it was, in fact, Executive Secretary Ermita who presided as chairman of the TWG meeting and directed the flow of the discussion from the start until it was adjourned. To quote:

Presiding Officer (Mr. Ermita): “I might mention at the outset that the purpose siyempre of our Technical Working Group is to come up with a report and a recommendation to the Chairman of the Committee on Foreign Relations of the Senate, Senator Santiago, on the main features of these bills so that we will have a common understanding of the - - which of the bills can be adopted or what is the configuration and what are the contents of the consolidated bill.”

WHEREAS, Secretary Ermita, as presiding officer of the TWG meeting, blatantly undermined the independence of the Senate as an institution when he directed the committee secretariat and members of the TWG to draft the substitute bill that is congruent to the position of the Executive branch and even detailed the corresponding timeline for the whole legislative process. To quote:

1. Presiding Officer: “In the end, we will show you which option would, probably, fit that or rather the one that is preferred by the Executive branch through the study of CMOA and then how it relates to the features of the bills filed by the senators and of the Lower House.”

2. Presiding Officer: “So that is the reason why it’s more practical that we adopt Option 2.”

3. Presiding Officer: “So this is the first meeting. Next step, prepare the draft. After preparing the draft, submit the draft to a second meeting. After that, w will submit this to Senator Santiago who created our technical working group and then, of course, provide a copy to the Lower House – to the different members, that will be the job of the Office of Senator Santiago, then we shall await the call from Senator Santiago to a meeting and see whether there will be agreement on that draft that was agreed upon by all representatives. Hopefully, it should not take more than a month, or probably two to three weeks, we should be able to come up with an acceptable common position on the baselines and therefore that in three weeks’ time and not more than four weeks, we shall have a final bill to be submitted to the President for approval. Well, first, to the plenary, it will be submitted to the plenary for the debate and I’m sure if it’s already agreed upon by the proponents, then it should not be difficult passing through the different procedures in both Houses – first reading, second reading and third reading.”

WHEREAS, the fact that Executive Secretary Ermita, an alter ego of the President of the Republic of the Philippines, presided over the TWG meeting of a standing committee in the Senate constitutes undue intervention in the official work of Congress which is a clear violation of the constitutionally enshrined pr