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    Sen. Ping Lacson tells the Quijano de Manila forum why investigation is an essential Senate role

     
    (Excerpts from discussions of journalists with Sen. Panfilo Lacson at the Quijano de Manila Symposium, October 24, 2007, Cherry Blossoms Hotel, Manila. At the panel were Butch del Castillo and Inday Varona of Philippine Graphic magazine, Amado Macasaet of Malaya, Jimmy Gil of dzBB, columnist Lito Banayo and BusinessMirror Senate reporter Butch Fernandez.)
     

    Inday Varona: Shortly after the Glorietta blast you [reminded] Sen.  Antonio Trillanes IV, who was already claiming the blast may have been the handiwork of the Arroyo administration, to cool down and let cops investigate the incident; you seem to have changed your tone a little bit. As former PNP chief, do you see anything unusual or anomalous in the investigation that could perhaps raise suspicions of a possible Arroyo administration culpability?  

    Lacson: I did not directly caution Senator Trillanes. I just said it’s too early for anybody to speculate, and unfounded conclusions won’t help the investigation. But I also did not think that a former officer of the Philippine Navy and now a senator would speak if he had no basis for doing so. And then, Saturday, when there was a national-security meeting inside Camp Crame, the finding of RDX—the C4—found in the blast site, of course, reinforced the theory it was a bomb. And that was when I said—it was hypothetical, actually—that if it was truly a bomb, and the intelligence community had no inkling whatsoever about it, that it was proper for Norberto Gonzales, the national security adviser, to resign. But it was premised on the finding at that time that RDX was found. And then the theory arose that it could be an accident. Up to now, the PNP findings are not conclusive; they just said there are strong indications it was an accident.

    Senator Trillanes is still insisting he has evidence of the [complicity of government men] in the Glorietta blast. So I’d like to wait for whatever evidence he’s going to present from here on. 

    Butch del Castillo: I’m playing devil’s advocate here—don’t you think it’s too much that everything that happens in this country is blamed on President Arroyo? 

    Lacson:  It boils down to credibility. If a government enjoys high credibility, perhaps even if there were indications that some government people may be involved, still the government won’t be so hastily blamed. But this government has been mired in one controversy after another, so that every time something happens, people naturally include it as a suspect.If that’s the case, perhaps the government must do something to raise its credibility. 

    Del Castillo: Do you believe that at this point of her term, she should step down? 

    Lacson: It’s not for me to tell her to step down, and no matter how we cry to high heavens for her to resign, she won’t, so we shouldn’t waste our voice shouting. 

    Varona: When you talk about the government trying to turn around the problem of credibility, what concrete suggestions can you offer? What can they actually do to improve? 

    Lacson: Cut out the lip service, do more tangible things. When you have an anomalous ZTE contract for which they insist on covering up, and then they backtrack and yet even refuse to admit it’s been cancelled; when money changes hands so brazenly in the Palace and they say no one knows about it, then the League of Governors suddenly owns the money and yet doesn’t know what bank it came from, you have a problem of credibility. So we can’t just improve credibility with words. We, the people—media, us senators, the public—must see that reforms are really happening.  

    Jimmy Gil: Some observers say our Human Security Act [HSA], of which you were one of the principal authors, is automatically suspended a month before elections and two months thereafter. Isn’t that a bit strange? 

    Lacson: Yes, that’s strange, but it was an amendment introduced by Sen. [Aquilino] Pimentel Jr. In his view, it could be used to harass the political opposition. So we decided to support the suggestion, because at that time political tension was high, and indeed, the administration might use the HSA to harass the political opposition. But yes, it’s a bit strange. I think this is the only country where that’s done.  Perhaps this is also the only one where an anti-money laundering act is passed but is suspended during the election period.  

    Gil: As a senator, don’t you plan to remedy the situation and bring it down to reality? Terrorism or any form of thievery—those won’t stop during elections. 

    Lacson: Maybe we’ll consider that when the political situation changes. Because right now, if we introduce an amendment, for instance, it’ll be hard to pass because, again, we’ll go back to the issue of credibility of those in power. Maybe when people are convinced there’s a level playing field, where the powers of the presidency or the state’s vast powers aren’t used to harass critics, and laws are applied uniformly, then’s that’s the time to have the amendments. 

    Del Castillo: How about the public perception that the Senate doesn’t do anything but hold investigations, and legislative work seems to be on hold? 

    Lacson:  Shouldn’t we be thankful that at least the next generation can be spared paying for [a loan of] P16 billion? If we didn’t investigate the ZTE, if we didn’t raise a collective howl of protest, would  this have happened? You see, there’s a provision in the change order’s clause that fixes the amount at $329 million. But the rate of technological obsolescence is rather fast. Experts we consulted told us it’s 15 percent per year. In other words, if we borrow $329 million or P16 billion for the technology as it stands today for the NBN project, after one year you’d have to deduct 15 percent from the value [of the project]. How do we catch up with technology if we can’t enforce the change order?

    But when we change order, taxpayers will also pay for it since the project is owned by the government. We borrow just so the government can have a national broadband network. We thought it’s better to have the private sector do this and spend for it; the government can simply subscribe so we don’t have to worry about maintenance. But if we didn’t investigate [ZTE], what would have happened?

    As for the bribery scandal, if we allow money to flow out every time there’s a political crisis, Malacañang will always use people’s money to bribe allies. Should we allow that? We were also elected to do oversight functions; to investigate as well as legislate. 

    Del Castillo: One direct question, Sir. Will you run in 2010? 

    Lacson: It’s too early, it’s just 2007. If you state you’re running at this point, they’ll always say you’re politicking whenever you expose shenanigans. Imagine, giving P500,000 per governor—I was reading former national treasurer’s [Leonor Briones] column—she estimated the P500,000 won’t have much impact on a governor or congressman—when he reaches home, he’ll tell someone, keep that and use it tomorrow for [his] shopping. But to an ordinary citizen, that is something to be used for rice, medicine, books—wow, that’s a lot.

    Now, don’t wonder why government’s credibility suffers because, in spite of poverty in the countryside or in the urban areas, people cannot even buy or smell good food—they don’t know when they can “graduate” from eating nothing but noodles. Then they hear of one congressman or governor alone getting P500,000. Worse, we’re fooled, they say they don’t know about it when it happened inside Malacañang. Isn’t that nauseating?  So don’t blame use for investigating because, no matter what motive you ascribe to me, I, for one, I will not stop exposing. I had a meeting with Speaker [Jose] de Venecia Jr., some people reported we were talking about impeachment. Very clearly, I told him, I just wanted three things, all rolled into one. That was the time when the issue of reviving “Hello, Garci” was hot, and I think the Speaker wanted to help out Mrs. Arroyo by calling for a cease-fire. I said, I don’t have to meet Mrs. Arroyo personally: all they have to do is stop doing those things that deserve to be exposed and criticized, and I’ll stop the exposing and criticizing. 

    Ed Tipton: In your mind, what should the Senate accomplish during your term other than the investigations that you now, or the Senate, is undertaking? 

    Lacson: Investigations are only done in order to improve legislation, by plugging loopholes in existing laws. For example, in RA 3019, 6713, in the articles 210-212 of the Revised Penal Code. Even though the provisions against corruption are there, it still happens. We should probably look into the financial management or the movement of funds especially if cash is involved. How come the President can keep hundreds of millions, if not billions, of pesos in various departments, and she’s the only one who can order the DBM to release them? Probably without even asking the secretary or the head of the department itself. Perhaps it’s time to tighten financial management of departments when it comes to disbursement of funds, especially. I noticed that the DBM and the COA are strict on the movements of funds of the departments, but very lax when it’s the Office of the President giving the order to release. Maybe it’s time to revisit the authority of the COA. I see only one barrier to progress—corruption. And I hope the Senate, in our own small way, can contribute to plug all those loopholes in the laws on corruption. That’s what I want to accomplish in the Senate. 

    Tipton: Do you have a personal timetable to accomplish this noble objective? 

    Lacson: The Senate is a collegial body, not one senator can advance his advocacy. I’ve been advocating the proper use of pork barrel—the priority development assistance fund. But the most I can do is to do away with my own pork barrel. I cannot impose on my colleagues, but somehow, perhaps there must be a proper mechanism by which pork-barrel allocations can be used well—not a situation where you have 20 percent for the legislator, 10 percent for the mayor-proponent, 2 percent for the COA, 5 percent to 10 percent for public-works [people], 2 percent for NPA and other things besides. 

    Tipton: In terms of foreign relations, is the Senate going to give more attention to bilateral agreements which need approval by the Senate? 

    Lacson: Yes, ratification of treaties necessarily passes through the Senate, but in the proper way. For example, the most controversial treaty or agreement right now is the Jpepa, and so many discussions have been held, including its constitutionality. But because it’s our mandate, we should look into [it] because, after all, in foreign relations, we should always think from our side, what is the benefit to the country? We won’t think about its benefit to Japan or America. When we sign a bilateral agreement or a treaty, we always look at our own interest, our national interest.  

    Varona: Speaking of corruption, former President Estrada, who has been been convicted of corruption charges, after saying “no deal, no deal, no deal,” apparently is now going to deal with the government, without, of course, expressing regret yet for whatever he’s done. As somebody who is so staunchly anticorruption, what’s your view here? Is accountability compromised in these apparent deals between President Arroyo and Mr. Estrada? 

    Lacson: It’s not clear that there’s a deal between them. What we only hear is a request for pardon and apparently, it will be granted. And I’d like to give it to the former President—and all of us, even I—I’m not saying I will do the same thing, given the same situation where one is being squeezed and pardon is dangled; but given the same situation, nobody among us would not know how to react. Here’s a 70-year-old son with a 102-year-old mother in that physical condition who could go anytime. Perhaps, in President Estrada’s mind, in her dying days, he just wants to be there for her; that’s good enough for him. So, I don’t want to second-guess, or judge the change of heart of Mr. Estrada on his uncompromising position before not to recognize the legitimacy of the presidency of Mrs.Arroyo.  

    Gil: If presidential pardon is given to Mr. Estrada, all of his rights will be restored; how would that affect the 2010 presidential elections considering that it’s not far-fetched that he could make a second try [for the presidency]? 

    Lacson: My limited knowledge of constitution Law says that in a presidential election or reelection, no president can seek another term. But again, if it comes to a legal question, only the Supreme Court can interpret that. But with my little knowledge of that particular provision, I don’t think—this is my personal interpretation of what is written in the constitution—I don’t think President Erap can still run as president.  

    Gil: He didn’t finish his term. 

    Lacson: The constitution is silent on whether one finished his term or not, it only says a president is limited to one term. 

    Gil: So, that doesn’t bother you for 2010? 

    Lacson: No, if he runs, who knows? We can’t say who’ll support him. For all you know, I might support him, if he really runs. It’s too early to talk about 2010.  

    Varona: Okay, let’s talk about 2004 instead. The Senate is now investigating whether or not to reopen the “Hello, Garci” scandal that the opposition says is proof that Fernando Poe Jr. was cheated. How do you feel, considering that if you had not pushed through with your candidacy—they call you a spoiler—then maybe there wouldn’t have been a “Hello, Garci” and Mr. Poe might have been president. 

    Lacson: I’m not looking at myself as the spoiler or the “illegitimate opposition candidate”—as one columnist mentioned in his column. I was there before—I was an original member of the LDP, the dominant opposition party. All I was asking my partymates at that time was a fair and just selection process. I was the first to declare my intent. I’m not saying that gave me the rightful claim because everybody else in the opposition who wanted to run as the candidate had a right. But to tag me now as the spoiler, or the illegitimate opposition candidate, is a little unfair because all I sought was a fair selection process among the candidates—like a  primary. But that was denied. Not one decent soul in the party told me, “Hey, we won’t have a selection process, we’ve just handpicked FPJ.”

    So pinning the opposition loss on me, that’s wrong. Even if we had a unity ticket, for example, don’t you think that, from what we learned about “Hello, Garci” and all the cheating done in the 2004 election, the mindset to cheat in the camp of Gloria Macapagal Arroyo would have been there? Even if we had a combined 2-million to 3-million lead, they’ll just ask Garci to adjust the padding to get the desired lead over us. 

    Varona: So you have no regrets over your decision? 

    Lacson: No regrets, no regrets. Given the same situation, I will go through the same experience. It’s a matter of self-respect.  

    Butch Fernandez: Sir, if it is shown that the payoff at the Palace is irregular, what is the minimum liability of the League of Governors, which is claiming credit for what is seen as a bribery case? 

    Lacson: First, I don’t believe that the money came from them. Second, the culpability may reach up to the Office of the President. When we speak of money of that magnitude, and if it’s government funds—the accountability will likely reach the Office of the President. No matter how they cover up, they will only be digging themselves into a deeper hole. The League of Governors said they gave the money. Question: do they have an account at Bank of Commerce? If so, how long has that account been, and how much?  

    Varona:  Sir, granting that the League of Governors has its own legitimate bank accounts, have you ever heard of envelopes of cash in that amount being dispensed for community projects, without even signing for them? 

    Lacson: None, that’s why a question is raised. No receiving note signed, no voucher, no official receipt? That alone gives them criminal liability under the law. These are funds coming from contributions of provincial capitols, so [it is the] people’s money.  

    Varona:  Some people say the US won’t ever allow you to be elected president because you’re seen as the inducer of Michael Ray Aquino in getting those US documents? 

    Lacson: If ever, the ones who’ll vote for me are Filipinos, not Americans.

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