Replying to queries by reporters why the Senate did not put emphasis on or used the Latin phrase "sine die" that usually precedes the word "adjourned," Drilon explained that their "legislative calendar (approved in July, 2003) already indicates an adjournment sine die."
Senate President Pro Tempore Juan Flavier said they did not use the phrase "sine die" in adjourning the 12th Congress because the House of Representatives was still debating the "sine die" issue.
This controversy over the non-use of the phrase "sine die" has a bearing on the supposed illegality of the proclamation of the winners of the May 10 presidential and vice presidential elections by Congress, acting as the National Board of Canvassers (NBC), after both legislative chambers have adjourned "sine die."
Drilon also described as "non issue" talks about Congress not being able to proclaim the new President and Vice President because it adjourned "sine die."
Before adjourning, the Senate ratified a bicameral conference committee report submitted by Sen. Sergio Osmena III, chairman of the committee on banks, seeking changes in the charter of the government-run Philippine Deposit Insurance Corporation (PDIC) which include the increase in the maximum insurance coverage of bank deposits from P100,000 to P250,000.
The phrase "sine die" means "without setting a day for the resumption." This is a gap between two Congresses.
Legislators belonging to different political parties such Sen. Joker Arroyo had asked their colleagues whether the joint committee might be illegally canvassing at the House of Representatives the May 10 certificate of canvass (CoC) in the presidential and vice presidential race after Congress has adjourned sine die.
Flavier, acting Senate Majority Leader in place of Sen. Francis Pangilinan who is busy in his role in the joint committee, simply moved to adjourn the 12th Congress.
The joint committee was created by Congress when it constituted itself last May 25 as the National Board of Canvassers.
With the adjournment yesterday of Congress, the question has been asked: What is the status of Congress?
According to Drilon, Congress can no longer pass laws. The only remaining function of the 12th Congress is to continue to meet as the National Board of Canvassers to canvass the votes and proclaim the winners of the May 10 presidential and the vice presidential elections.
Drilon cited two precedents to support his position that Congress, as the national board of canvassers,can proclaim the winners in the presidential and vice presidential elections after Congress has adjourned sine die:
- In the 1992 presidential elections, the NBC proclaimed President Fidel Ramos after Congress adjourned sine die.
- In 1998, the NBC proclaimed President Joseph Estrada after Congress adjourned sine die.
"Congress, in these two instances, adjourned sine die before it constituted itself into an NBC. It is clear that as dictated by the Constitution, the body that proclaims is the NBC. Both Houses, last May 25, 2004 passed a resolution constituting the NBC which met on May 25 when we held a joint public session," Drilon added.
There were only five senators who attended the official termination of the third regular session of the 12th Congress compared to the 17 senators who attended the session last Thursday.
Besides Drilon, the others were Flavier who acted as majority leader; Sen. Sergio Osmena III; Sen. John Osmena; and Sen. Rodolfo Biazon.
The Senate should have adjourned sine die last Thursday but this was reset for yesterday to give time for the House of Representatives to reconstitute its bicameral conference committee and for the bicameral conference committee panels to iron out the differing provisions of the Senate and House bills.
At 11:09, the Senate ratified the bicameral conference committee on the PDIC measure as presented by Osmena III. Flavier said he was the senior author of the Senate bill seeking amendments to the PDIC charter.
An enrolled bill will now be transmitted by Congress to Malacanang either for rejection through a veto or approval that will lead to its enactment into law.
Osmena said the insurance coverage increase was supported by the strengthened examination powers of the PDIC to monitor distressed banks.
The monitoring power of PDIC was embodied in its original charter but this was removed when the General Banking Act was passed in 2001.
Asked whether there was a quorum since only five of the 22 senators were present yesterday, Drilon said that "there was a quorum on record (as) it is a continuing session; we suspended it last Thursday precisely because we wanted to wait for the PDIC bill."
The Senate chief told Senate reporters last Thursday that adjournment by the Senate of the 12th Congress is ceremonial since "we are controlled by the Constitution and the resolution that we passed."
"By Concurrent Resolution No. 13, our legislative calendar indicates that on June 11, 2004, we adjourn sine die, and, under the Constitution, article 6, section 15, we cannot meet 30 days before the opening of the next regular session (July 26, 2004) exclusive of Saturdays, Sundays and legal holidays. After Friday, there are exactly 30 working days up to the time we open the next session," Drilon said.
Drilon said that the legislative effort of senators in the 12th Congress "is a job well done."
"We have reached another milestone in our nation’s political history. Despite the difficulties, we have accomplished much and we are confident that the legislations we have enacted in the 12th Congress have contributed to the country’s overall stability," he said.
Drilon asked his colleagues "to look forward — forward where I see a new horizon lying before us."
"It beckons and entices us lawmakers of this land to set new visions to achieve higher goals and to reasses the past and map out through legislation more effective values and programs of governance: values that will meet the demands of a nation groaning for an inspiring and committed government leadership; and programs that empower our people to truly participate in the task of progress and nation-building. These, I’m sure, are the tasks that await the new Congress," Drilon said.
Drilon then paid tribute to their illustrious colleagues who have left them. He was referring to the late Senators Blas Ople and Renato "Companero" Cayetano.
He also expressed his gratitude to Senators Loren Legarda and Francis Pangilinan, Senate Majority Leaders during his administration, for supporting him.
"Let me express my apologies for whatever shortcomings I may have had for the past three years. Let me also apologize if I displeased anyone of you. Let me assure my colleagues that whatever shortcoming I may have had is because of my imperfections as a human being. If I caused any displeasure, there was absolutely no personal malice, it was unintended," Drilon told his colleagues.
Sotto’s valedictory
Senate Minority Floor Leader Vicente Sotto III told his colleagues yesterday he was leaving the august chamber "with a face marred and stung by the slings and arrows of powerful radio-TV giants, but proud to have fought valiantly for the return of the rule of law and the survival of the nation’s democratic institutions"
Bidding his colleagues farewell, Sotto described his long career as a public servant "an enriching experience" he would be proud to leave as a legacy to those who will come after him in the Senate with only one thing in mind and heart, "to render public service under a kind of government the Filipino people deserve."
"At the end of the day, I would like to say that I have done my best. I leave this place today now about a dozen years older that when I first came in, more mellowed in temperament, tougher in character, richer in knowledge and experience, and more resolute in the pursuit of truth and adherence to principle," Sotto said in his valedictory address.
It has not been an easy journey, Sotto said, as he gave a recital of the many times how he and his colleagues in the Senate became the target of media criticism at every turn they took in voicing their opposition to certain bills they deemed not advantageous to the interests of the greater number of people.
"We have been routinely and regularly insulted, disparaged and belittled by some of those who wield the power of the pen, or control the airwaves via radio and television. More often than not, we have chosen to suffer and endure these slings and arrows, oral or written," lamented Sotto.
He also aired apprehension that strong influence wielded by vested business interests and administration-allied media would force the "manufactured clamor to abolish this Chamber, the Senate, 24 men and women elected at large by our people." Hence, Sotto said, the need to dwell on this "manufactured clamor to abolish the Senate" for a long time.
Of the two houses of Congress, the Senate had shown more independence, more maturity, he declared.
"Having a national mandate, our sights are on matters of national interest," he noted how members of the Senate "articulated and mustered the votes to end foreign troops" being stationed at US military installations in the country.
At the same time, according to Sotto, when the impeachment of President Estrada was elevated to the Senate, he was among the brave few who upheld the rule of law and due process for a duly elected President.
"And more recently, when the truth of certain allegations needed to be proved, regardless of the person involved, it was again the Senate that led the way," he stated.
The Senate minority floor leader, who began his government service as Vice Mayor of Quezon City, is credited for his active participation in drafting Republic Act 9165 or the Comprehensive Dangerous Drugs Act of 2002 aimed to stem the growing menace of drug addiction.
Under its provisions, certain illegal drug offenses have been elevated to the level of heinous crimes punishable by death, Enactment of the anti-drug bill gave birth to the Philippine Drug Enforcement Agency that has been cited as an efficient effective law enforcement government arm in arresting the widespread growth of one of the country’s most serious social illness
Serving as chairman of the Senate committee on Local Government and Tourism, Sotto was the main sponsor in the conversion of 25 municipalities into cities including the Metro Manila area.
Sotto, however, takes pride for having taken a hard stand in opposing the General Agreement of Tariffs and Trade (GATT) contending that its policies would only make "poor nations poorer and rich nations richer."
In opposing the GATT, Sotto said he was honored to have joined the distinguished company of legal luminaries as Senators Arturo Tolentino, Ernesto Maceda, Anna Dominique Coseteng, and Wigberto Tanada in voting against the bill deemed disadvantageous to the country’s interests.
"As I end two terms as Senator, or all of 12 years in this august chamber, let me thank once again the people of this country for trusting me with their votes, to serve as a legislator like my grandfather and namesake, Don Vicente Sotto of Cebu, then known as the great dissenter during the time of President Manuel Quezon," he said. (Brenda Piquero)
