Ika 9 ng Oktubre 2008

The ayes have it read one reporter's note as I was snooping after the ratification of JPEPA before midnight last night. I didn't exactly know what time it was when we left the Senate. I was looking forward to writing my daily blog when I arrived home as our internet connection was down at the office yesterday morning. But I came home at 2:00am today and I was ready to hit the sack and knew I can't come to work today.

So here I am at home recalling yesterday's event while savoring our sweet success after many months, perhaps a year, of toiling to get the Senate into ratifying the bilateral treaty with Japan.

We had no inkling the ratification would come yesterday. When Senator Madrigal took the floor and filed an ethics complaint against Senate President Manuel Villar Jr. over the P200-million double entry for the C-5 road extension project in the 2008 national budget for investigation by the yet-to-be-constituted committee on ethics and privileges on the last session day of Congress, there was a long recess. Everything was uncertain after that and with our inside information on the tactical delay, we all drew our own conclusions.

On the agenda, Senator Madrigal was supposed to be the interpellator but she gave way to Senator Miriam Defensor-Santiago for the discussion of constitutional issues first. We were warned that Senator Madrigal's notes for interpellation was 120 pages short. Boy, is she serious?

The interpellation on the constitutionality of JPEPA went smoothly and Senator Santiago did not need any assistance as she mastered the Constitution and any laws related to treaty agreement. Gosh, her mastery of the law is amazing. The more senior Senator Pimentel couldn't fazed her as she confidently answered all his questions citing relevant provisions from the Philippine Constitution and other applicable laws. He told Senator Santiago that he was inclined to approve JPEPA but want some things cleared. To this, Senator Santiago's reply was a curt, "Halleluyah" sending the crowd in stitches. Senators Pangilinan, Madrigal, and Lacson also interpellated the feisty senator but quickly took her word after her enlightening expalnation. I am no fan because of her past bizarre action but I admire her brilliant mind just the same as she eloquently and confidently tackled all issues. The main concern is the validity of the exchange of note or side agreement required by the senate as it raised issues on some of the original provisions of the agreement. First is if JPEPA will supersede our existing laws. We know the answer to this. The second is the validity of the side agreement given that the Japanese Diet was not the negotiating party as it was an exchange of note between our Secretary of Foreign Affairs and the Japanese Ambassador. Senator Santiago made clear three things: 1. That the side agreement is part and parcel of the agreement and eliminates grounds of unconstitutionality apparent in the original JPEPA agreement; 2. That JPEPA does not overwrite existing laws of both countries; 3. That both parties have the right to amend the provisions of the treaty at the end of its effectivity and even anytime when it is necessary. Our top official jokingly shared during our midnight dinner that senators of lesser stuff were so intimidated they did not dare question her for fear of being ridicule. This top official said that Senator Santiago forced the voting for JPEPA to push through last night.

After settling the constitutionality issues, the body decided to give way to other business while announcing that the interpellation for JPEPA will continue after threshing out all concerns. I guess, the senators are in a hurry to pass important policies before they take their month-long vacation.

Soon, the floor was back to JPEPA as Senators Roxas and Madrigal prepared for interpellation. Senator Madrigal asked about exports of monkeys and wanted to know if these monkeys are endangered, how many are being exported,where these are sourced, and what are these used for. Huh..... we all wondered. Soon, she was laughing at her monkey questions and couldn't go on. Some of us were seething inside. She didn't stopped there and was going through the list of products for which tariff rates will be eliminated or reduced once JPEPA is implemented. Soon, she wanted to know about birds, mackaws, cockatoos, etc and had the same concerns as those of the monkey's. Senator Roxas answers sometimes bordered on the philosophical. Short of telling her to stop, Senator Roxas jokingly remarked that there are more than 8,000 products in the list and the crowd roared with laughter. I am not sure if she had real questions that needed answers but it looked like she wanted to put her own show projecting herself as what.... first, an environmentalist, and now an animal advocate. Cmon...give us a break. It's near midnight, we haven't taken our dinner, and we were tired. There was some commotion and soon a recess was declared again.

Nobody dared leave during this break while some of us took advantage of the lull to have a quick bite. Soon the senators are coming back one by one. We could smell something which gave us hope in the pit of the night. Senators were conferring with one another and talking to our Secretary Favila and other officials in the gallery. Why, even Senators Lapid and Revilla came back when in the past I observed that they were gone never to be back right after the roll call. So these two celebrity senators have use after all...... they are there when numbers are needed.

When a quorum was reached, the session was resumed. Senator Madrigal announced that she would no longer continue with her interpellation given that the yes vote is imminent. There were questions raised by Senator Pimentel on the number of votes required to pass a bill. Senator Pangilinan said that on the third reading two-thirds of the senators which is 16 would be needed to pass a bill. He mentioned that in the past they have approved bills or proposals with lesser number of votes on second reading. After this clarification, Senator Roxas moved for the ratification of JPEPA on second reading. All senators voting in the affirmative were asked to say aye. After that, all senators voting no were asked to say nay. As the reporter wrote, "the ayes have it".......

Senator Roxas after acknowledging the valuable contribution of the JPEPA resource support team, that's us, immediately moved for the ratification of JPEPA on the third reading. This time it was going to be a roll call. After the roll call, 16 senators voted yes, 4 voted no, and 3 abstained. One funny moment was when Senator Lapid was asked for his vote and he gave a thumbs up. The Senate leader asked him again what his vote is and impatiently replied, "yan na nga eh!" again showing his thumbs up. We all laughed. Everybody was in a jovial move. Pimentel, Madrigal, Escudero, and Aquino voted no. Pia Cayetano and Arroyo were not present while Trillanes is in detention. Some senators who voted yes expressed reservations with their votes. Senator Legarda cited the toxic waste issues and the conferment of national treatment to Japanese on areas reserved for Filipinos as some of her apprehensions. It was media moment after this. Senator Roxas and our top officials received congratulatory greetings. We left as the senators were explaining their votes while the cameras happily clicked away.

We headed back to the office of our top official for the delayed and much deserved dinner. We exchange stories on the historical event as we gently patted each others' back. After this last supper, we went home.

Yesterday, we made today's headline. Although, I would like to quote Senator Madrigal's concluding remarks that "history will judge us by our votes". Indeed, Senator Madrigal....... I would ensure that everything I observed and saw with my very own eyes at the Senate would make me more vigilant in ascertaining that people who cannot think, be just, stable, and tell the truth do not make it in my list as well as other people's list to that once august chamber.

PS: Nung magpaalaman kagabi sa mga naging kakilala namin taga senado ay me bahid din ng lungkot. Mahigit isang taon din pinag-usapan ang JPEPA kaya at home na at home na kami dito.

Ayon pala sa isang bubwit, yun pagpasampa daw ni Senador Madrigal ng reklamo laban ke Senador Villar ay isang palabas lamang para sa huli ay magmukang kaawa awa si Villar na makakatulong sa pagtakbo nito bilang presidente. Sa huli ay lalalim pa ang drama pag si Senador Lacson ay humingi ng dispensa sa maling parating. Naiisip niyo na ba gano kalaking puntos yan sa kandidatura ni Villar? Abangan.....