Category: senate

Suddenly in September, telltale times

It was surprisingly swabe and civilized, the turn-over by Chiz Escudero, and the take-over by Tito Sotto, of the senate presidency. After all, they belong to the same political party, i.e., the National People’s Coalition (NPC) founded in ’92 by the late Danding Cojuangco (of which Alice Guo was briefly a member not too long ago). May pinagsamahan, ika nga.

Quite a relief to have been spared histrionics from the Duterte bloc upon their demotion to minority status. By the time they found out, fait accompli na. Twould seem they got too big for their britches, especially after the archiving of the impeachment, thought the bloc too fearsome and formidable, and DDS vloggers too vigilant and savvy, to be outfoxed, outwitted, or outmaneuvered, much less caught off guard.

But that’s exactly what happened Monday as DDS senators and vloggers were reveling in, and cheering on, DDS Senator Rodante Marcoleta‘s  Blue Ribbon hearing that had contractor Curlee Discaya naming Speaker Martin Romualdez and Rep. Zaldy Co among those mired in flood control anomalies.

Tit for tat. Of course the House struck back the very next day: at the infrastructure committee hearing, former DPWH district engineer Brice Hernandez name-dropped demoted Senators Jinggoy Estrada and Joel Villanueva (na-double whammy rin sila) regarding 30% commissions from Bulacan’s flood control projects. Which of course the two senators vehemently denied forthwith on the Senate floor just before Ping Lacson‘s privilege speech that same afternoon which turned out disappointing for having nothing to say to, or of, the two senators so named.

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Are the hearings a waste of time because the Senate and the House are not likely to investigate any of their own members no matter if implicated by the testimonies of witnesses under oath? The Senate has no prosecutorial powers daw kasi, it’s mostly in aid of legislation, but also, said Minority Leader Alan Cayetano, it’s also to “ferret the truth” such as in the ZTE, fertilizer scam, and Pharmally investigations. Umm. Noong ZTE it was whistleblower Jun Lozada who went to jail; sa fertilizer scam, the plunder case vs. Bolante was dismissed anyway; yung sa Pharmally, may nakulong ba o nabawing pera?

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Meanwhile everyone’s on tenterhooks, anxious about when the next rains and floods will hit (konting ulan, baha) and angry irate furious about the failure of overpriced flood control projects, and how government has failed us big time, and how systemic and systematic the corruption in both the executive and legislative branches, which actually only confirms our long-held suspicions, except that we had no proof, they were all always covering up for each other, until ibinulgar mismo ni PBBM dahil sobra na, sabay pangako that heads will roll, iwas pusoy kumbaga, kaysa ma-Indonesia o ma-Nepal.

Because it’s rally season in the run-up to the anniversary of Martial Law, PBBM’s AFP and PNP must be on red alert, and this time the agitation is aggravated by a restive and blusterous DDS camp that’s looking for a rally to join that’s anti-corruption and anti-Marcos but NOT anti-Duterte. Together they hope to gather big enough numbers to oust PBBM and install VP Sara, which could increase chances of bringing Digong home. They got the ICC to postpone the Sept 23 confirmation of charges hearing, but only for a limited time while their experts determine if it’s true what Kaufman says, that Digong, 80, is “not fit to stand trial as a result of cognitive impairment in multiple domains.” Tipong limot-limot na daw, unable to recall events, places, and people, even family. But does it matter? What’s the law? What’s the history?

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And meanwhile there’s talk of another Senate coup brewing, with Cayetano poised to take over. The Duterte bloc of 9 only needs 4 votes to unseat Sotto. Sino kaya sa majority ang liniligawan, ginagapang, na magbalik-loob? The Villars, I imagine, and maybe the other Cayetano, and the other Ejercito? But a majority of 13 would be even more manipis than Sotto’s current 15.

“Very devious!” Sotto tweeted Sunday. “Wala pang hearing ang Blue Ribbon ni Ping Lacson, gusto ng ilan magpalitan agad. What are they so afraid of?”

Afraid of being exposed, maybe? Because what if Lacson’s Blue Ribbon committee has the dope pala on the rumored billion bucks worth of Discaya flood control projects from 2022-2024 in Taguig? Cayetano country, no less.

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Activism, impeachment, dynasty

There is judicial activism when a court undertakes any of the following: a court invalidates the constitutional action of another branch (e.g., legislature, executive); a court fails to adhere to a precedent; a court engages in judicial policymaking; a court departs from accepted interpretive methodology; or when a court engages in result-oriented judging (Kmiec, 2004). In judicial restraint, judges limit their interpretation to the text of the law; whereas in an activist court, members delve into broader societal issues and make themselves architects of legal and social change. Courts as Policymakers: Untangling Judicial Activism in the Philippines by Alicor Panao 22 March 2024 up.edu.ph

To my mind, “activism” is always associated with social-political movements seeking to improve the status quo and make life better for our marginalized majority, i.e., social justice kumbaga. But as it turns out, the Supremes’ kind of “judicial activism” is differently minded, as shown by the Supreme Court’s decision on VP Sara’s impeachment. Parang mas pinahalagahan ng Korte ang kapakanan at kahilingan ng VP na ipa-walang-bisa ang  Articles of Impeachment kaysa ang kapakanan at kahilingan ng taongbayan (represented by the Lower House) na ituloy ang trial (sa Upper House) kung saan Duterte can defend herself and even possibly clear her name. https://sc.judiciary.gov.ph/

Nakakagulat ba itong desisyon ng Supremes? Nakakadismaya pero hindi nakakagulat. Siyempre sumagi sa isip ko ang 1973 decision na nagpa-walang-bahala sa pagkaka-“ratify”-kuno ng Martial Law Constitution ni Marcos via raise-your-hands “Citizens Assemblies” — wala na daw magagawa, in effect na daw kasi, or something like that. And then there was Gloria Arroyo’s midnight appointment of CJ Renato Corona in May 2010 even it was against the law. And what about the burial of Marcos Sr. sa Libingan ng mga Bayani noong November 2016, na kahit ang mga Marcos ay tila nahiyâ — behind closed gates and by-invitation-only ang naganap na seremonyas.

BUT HERE’S A SILVER LINING

Check out this convo of a couple of hopeful young thinkers: rappler‘s senior legal reporter and a UP law prof: https://www.youtube.com/

LIAN BUAN: Can SC be judicial activists, too, for the pending anti-dynasty case?

JOHN MOLO:  If we can create guidelines for impeachment, which is the sole prerogative of both Houses of Congress, I’m pretty certain we can finally order Congress to finally pass a law that’s 40 years delayed as required by the Constitution. That’s the silver lining perhaps here .. Kung ito, hindi lang nag-act … hindi gumalaw yung sec-gen … is already grave abuse of discretion … e mas lalo pa kaya the pending political dynasty issue … na required legislation, na 40 years in-ignore. … Kinda gives me more confidence that there is light at the end of the tunnel.

Quite a long dark tunnel it’s been, with the Supremes dismissing petitions (since 2013) to compel Congress to enact an anti-dynasty law because daw Congress is a co-equal branch of government … to do so would be to “violate the principle of separation of powers among the three branches of government.” Still pending is the last one filed March 31 2025 by the 1Sambayan Coalition of former justices, retired military officials, priests, academics, and lawyers, calling it a “desperate attempt to give life to the 1987 Constitution” and a “relief from the chokehold political dynasties have placed on this nation.” https://newsinfo.inquirer.net/

And guess who was quick to anticipate the Supremes, forthwith, at the time:

The Supreme Court cannot compel Congress to enact a law banning political dynasties, Senate President Francis Escudero said, citing constitutional limitations.

His remarks come in response to a petition filed by 1Sambayan and other civic groups urging the SC to mandate Congress to fulfill its constitutional obligation under Article II, Section 26 of the 1987 Constitution.

“The Supreme Court has said that Congress cannot be forced by a mandamus from the court to pass a law. The legislative process is a political question,” Escudero said at a press briefing on April 3.

I don’t get it (because I’m not a lawyer?).  The Supremes can’t order them around on the matter of political dynasties, sabi niya noon, pero ngayon, on the matter of impeachment, puwedeng puwede?

“The Supreme Court’s ruling is final and immediately executory,” Escudero said. “Whether we like the Supreme Court’s decision or not, we might be called a banana republic (if we do not follow it).”  https://www.manilatimes.net/

And it doesn’t seem to matter na ayon sa OCTA Research, based on a July 12-17 survey:

RANJIT RYE:  A significant number of Filipinos, 8 of 10, feel that the Vice President is innocent and want the impeachment trial to continue. A lot of people don’t see the impeachment just as pananagutan or accountability. A lot of people think of it as due process, a chance for the VP to clear her name.  Storycon 31 July https://www.youtube.com/

Senator Tito Sotto says he will object vociferously if when the Duterte bloc rushes to dismiss the Articles of Impeachment on August 6 without waiting for the Supremes to rule on the Motions for Reconsideration because daw the Supremes just MIGHT hear oral arguments and even reverse their ruling. “We will object!’ Sotto papalag kung may mag-mosyon i-dismiss ang impeachment ni VP Sara
https://www.youtube.com/

But then again, what if the Supremes stick to their guns? Next year na lang uli? But given all those new rules? Asa pa!

Are the Supremes and the Senate in cahoots?

Puwede namang hindi na lang naki-alam ang Korte Suprema, lalo na’t they practically changed, and added to, the rules, in a hair-splitting kind of way, by unanimous vote yet, which has lost the Court a lot of credibility. What if they had stayed out of it instead, left it to the Senate to deal with the Articles of Impeachment, dismiss it with or without a hearing, and let the Senate thereafter be answerable, accountable, to the people who elected them.

We have no such recourse with regard to the Supremes, and that is so unfair. We’re expected to just take their word for it — null and void, ab initio — no matter what we think, kahit may pinag-aralan at nag-iisip at nakakaintindi rin naman kahit hindi tayo abogado.

The mindset is, the Supremes know best when it comes to the rule of law, and that it is best, too, for the country that we all bow to the the wisdom of “the gods of Padre Faura” because theirs is the final say, never mind if we’re not quite persuaded (more like blindsided) by the ponente’s looooong-winded arguments [97 pages of text and footnote], because to insist daw that the Senate ignore the Supremes is to be a “banana republic” kasi ang ibig sabihin, wala tayong “rule of law”.

Thank goodness that former Chief Justice Artemio Panganiban and Associate Justice Adolf Azcuna have weighed in:

CJ PANGILINAN: … I would have favored – if I were still an incumbent – the issuance of a Status Quo Ante order requiring the parties to maintain the current situation. … As part of due process, I would have asked for Oral Argument before promulgating any decision. If the Court had patiently heard Oral Argument on less important problems like the recognition of foreign divorces and the PhilHealth petitions, why not on this monumental case? In the least, if only to accord respect to a coequal branch of the government, the HOR, I would have called for Oral Argument before making up my mind and casting my vote.

J. AZCUNA:  THE SUPREME COURT CANNOT BE THE ONE TO CRAFT THE RULES TO ENFORCE ART XI OF THE CONSTITUTION. … the Supreme Court members are themselves impeachable officials. So they cannot be the ones to define the rules for their own possible impeachment. This would go against the very heart of due process— No one can be the judge in one’s own case. [CAPS Azcuna’s]

Beyond that and more, from the likes of Associate Justice Antonio Carpio and lawyer Christian Monsod, a framer of the ’87 Constitution  https://www.youtube.com/, my beef is with the timing. February 18 pa noong nag-file ang bigtime abogados ni VP Sara ng petition to nullify the Articles of Impeachment. What took the Court so long?

Check out SP Chiz‘s July 29 statement to the press re the July 25 null-and-void sound effects from the Supreme Court that I bothered to transcribe, for the record. He sounds like he’s feeling quite vindicated about redefining “forthwith” and allowing the “remand”. Totoo kaya ang chismis na linigawan niya at ng isang DDS senator ang Korte Suprema to intervene when, and in the way, they did? Perhaps to spare not just VP Sara but also the Senate from the inevitable intramurals? Or coincidence lang, synchronicity baga, na on the same wavelength siya at ang Supremes?

SP CHIZ: Personally, ang posisyon ko, bilang abogado, ay ito. Nagdesisyon ang Korte Suprema. Sang-ayon ka man doon o hindi, dapat ito’y sundin. Kung hindi, magkakaron tayo ng constitutional crisis at baka tingnan tayo ng mga karatıg-bansa natin at ibang tao na isang banana republic kung saan sinusunod lamang natin ‘yung mga gusto natin.

Bilang pananaw pa sa desisyon ng Korte Suprema. Lima sa labing-isang pinag-utos ng Korte Surpema na isumite ng Kamara ay kabilang sa order o kautusan ng Senate Impeachment mismo, kaugnay sa compliance ng Kamara sa one-year ban. Sabi nga ng isang kritiko ng Senado nung mga panahong ‘yon: Wala daw karapatan ang Senado utusan ang Kamara, na tanungin ang Kamara kaugnay ng one-year ban. Sabi ng kritikong ‘yon, desisyon daw ‘yon ng Korte Suprema. Ngayong nagdesisyon naman ang Korte Suprema, ang sinasabi ng parehong taong iyan ay: the Senate is the sole judge of impeachment cases, dapat ‘wag pansinin.

Ano ba yan. Talaga bang nagbabago kung anong tama at totoo ayon sa batas depende sa gusto natin? Hindi ba dapat, ano man ang gusto natin, dapat ang sundin natin ay ang batas at ang Saligang Batas. At ayon sa Konstitusyon, Korte Suprema lamang ang bukod tanging may kapangyarihan magbigay-buhay at mag-interpret ng ating Saligang Batas. May mga parte din ng desisyon na hindi ako sang-ayon, pero kung babasahin natin ng lubusan, kabilang yung mga separate opinions …

Nakasaad din sa desisyon ng Korte Suprema: hindi nagkaroon, mula’t-mula, ng jurisdiction ang Senado doon sa impeachment complaints dahil sa paglabag sa Bill of Rights, partikular, due process of law.

… kaugnay sa paglabag sa due process kinlaro din nila yon. Na kapag violation ng due process ang pinaguusapan, ay wala na tayong puwede i-review o ibalik pa dahil nawalan na ng jurisdiction mula sa simula ang anumang korte o husgado, ayon sa majority at unanimous decision. https://www.youtube.com/

Violation of due process nga ba?

J. AZCUNA: The Constitution provides that NO PERSON SHALL BE DEPRIVED OF LIFE, LIBERTY OR PROPERTY WITHOUT DUE PROCESS OF LAW (Art. III, The Bill of Rights). Someone being impeached does not stand to be deprived of life, nor of liberty, much less of property. So what is the Constitutional basis for insisting on applying due process rules IN ALL PHASES OF IMPEACHMENT?

None.

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Is the Supreme Court facing a perfect storm? by Joel Ruiz Butuyan

Firestorm over impeachment authority Inquirer Editorial 

The Supreme Court betrayed the people by Tony Lopez

 

 

Second-guessing the Senate

What does it mean for the impeachment trial, now that more than a majority of senators are reportedly supporting Senate President Chiz Escudero in the 20th Senate?

As many as 16 senators have already signed a resolution expressing support for Senator Francis “Chiz” Escudero to remain as Senate president in the 20th Congress, Senator JV Ejercito said Tuesday [July 8]. https://www.gmanetwork.com/news/

It would seem that the 16 include the DDS senators.

Wednesday, [Senator Bato] Dela Rosa announced that the Duterte bloc, now known as Duter7, has pledged its support for Senate President Francis Escudero, who has been widely criticized for delaying the impeachment trial.

While he expressed uncertainty about the commitment of fellow Duter7 member Sen. Imee Marcos, Dela Rosa stated that the bloc is generally inclined to support Escudero’s continuation as Senate president.

Duter7 comprises Senators Dela Rosa, Marcos, Bong Go, Rodante Marcoleta, Robinhood Padilla, Camille Villar and Mark Villar. https://www.manilatimes.net/2025/07/10/

Samantala, Senator Tito Sotto‘s bid for the senate presidency is down to three supporters.

Senator Migz Zubiri said on Monday, July 7, [that he] is supporting Sotto’s bid, though he admitted they currently lack the numbers. He said the so-called “Veterans Bloc”— composed of himself, Sotto, and senators Loren Legarda and Ping Lacson — is also backing Sotto. https://www.rappler.com/

16 for Chiz and 4 for Sotto makes 20. Which leaves Senators Risa Hontiveros, Bam Aquino, and Kiko Pangilinan.

Senators Bam Aquino and Francis Pangilinan are likely to join the Senate majority in the 20th Congress, with expectations that they will chair the committees on education and on agriculture, respectively, Senate President Pro Tempore Jinggoy Estrada said yesterday.  https://www.philstar.com/

Senator Migz Zubiri said on Monday, July 7, that opposition Senator Risa Hontiveros would be “most welcome” to join the Senate minority bloc of the 20th Congress if her allies, Senators Bam Aquino and Kiko Pangilinan, ultimately decide to join the majority. https://www.rappler.com/

Sa tingin nila, nag-iisa na si Senator Risa.

MIGZ. I really feel sorry for Senator Risa. You know, she was always campaigning for her candidates. Then she said she would form her own independent bloc, but now she’s all alone. That’s what I heard, she’s now all alone. I cannot confirm or deny this. https://www.rappler.com/

So far neither Bam nor Kiko has confirmed or denied any of it, which tends to give credence to reports na pinagiisipan pa nila. Of course, the pinklawan Akbayan punditz are very upset. Is this any way to treat the lady, abandoning her, after she had campaigned for them, begged voters to vote for them, para may kasama, kakampi, siya sa senado?

Hmmm. I’m not sure the surprise spectacular showing of Bam and Kiko — #2 and #5 — was thanks mainly to Risa’s Akbayan pull. There was the INC, too, for Bam, and the Liberal Party for KiBam, and let’s not forget the Kiko-Shawie show-up at a Palace event celebrating Philippine cinema. I mean, you know, huwag naman angkinin sina Bam at Kiko.

Besides, I’m not (yet) convinced that a supermajority for Chiz as SP means a supermajority for dismissal of the impeachment complaint. I wouldn’t put it past Chiz to dangle committee chairmanships in exchange for the SP post but without compromising the impeachment.

Dela Rosa, who failed to get the impeachment case dismissed during the 19th Congress, said he plans to bring up the question of jurisdiction in the plenary after the 20th Congress opens on July 28. https://www.manilatimes.net/

I imagine that Chiz will allow Bato to try again, and that, after some debate, the question will  be decided by a majority vote based, I pray, not on fears of this or that consequence but, purely on the Senate’s constitutional mandate to hold certain very powerful public officials to the highest standards of accountability and integrity.

And yes, kahit matuloy ang trial, senators could block the opening of the Dutertes’ bank accounts, kung meron nga, but that’s par for the course. Whichever way it goes, much will be revealed, and we will all be the better (informed) for it.

As for Senator Risa, in her place I wouldn’t mind being the lone wolf, not if | when I have friends in the majority.