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Press Release

 

        “President Benigno Aquino’s Proclamation No. 50 shows again his predisposition to disregarding the powers of the Congress, a co-equal body, by making his amnesty proclamation effective ‘immediately upon the signing thereof.’”

         This was the observation of Minority Leader Edcel C. Lagman who said that “the power of the President to grant amnesty must have the concurrence of a majority of all the Members of the Congress under Section 19 of Article VII of the Constitution.”

As presently worded, Proclamation No. 50 which grants amnesty to the perpetrators of the Oakwood mutiny, marines’ stand-off and the Manila Peninsula incident, is decreed effective immediately upon its signing by the President on October 11, 2010.

           “The effectivity clause of Proclamation No. 50 is a departure from similar amnesty proclamations issued by President Aquino’s predecessors, including his own mother, President Cory Aquino, which were effective only upon the concurrence of the Congress,” Lagman said.

Previous presidential amnesty proclamations like President Gloria Macapagal Arroyo’s Proclamation No. 1377; President Joseph Estrada’s Proclamation Nos. 21, 390 and 405; President Fidel Ramos’ Proclamation Nos. 10, 10-A, 347, 348, 377, 723 and 724; and President Corazon Aquino’s Proclamation Nos. 80 and 138 all recognized the concurrent power of the Congress by clearly indicating that the said proclamations “shall take effect upon concurrence by a majority of all the Members of the Congress.”

For Proclamation No. 50 to take full effect, it must first have the concurrence of 140 House Members which is 50% plus 1 of the 278 current Members of the House.

The Congress in its resolution of compliance has the authority to impose conditions for the effectivity and implementation of the amnesty.

“Overlooking and derogating the constitutionally mandated role of the Congress is becoming a habit of the President,” Lagman added

Press Release

  

The insistence by the Executive that the National Expenditure Program (NEP) or the national budget proposed by the President must be approved by the House “lock, stock and barrel” without amendments is completely unacceptable.

            The House leadership and membership must not succumb to this arrogant imposition because the NEP is not untouchable.

 If the Executive would refuse to relax its stance, the approval of the national budget on second reading can be jeopardized.

             The Congress has never deferred to the NEP as sacrosanct because it is constitutionally and traditionally subjected to legislative scrutiny, realignment and selective rejection.

              The congressional leadership would be committing treason against the House, where all appropriation bills originate and which has control over the nation’s purse strings, if it will surrender to the Executive’s unreasonable demand.

Press Statements

 

The propensity of President Benigno Aquino III of disregarding and derogating the powers of the Congress is shown again in Proclamation No. 50 entitled “Granting Amnesty to Active and Former Personnel of the Armed Forces of the Philippines and Their Supporters Who May Have Committed Acts or Omissions Punishable Under the Revised Penal Code, the Articles of War or Other Special Laws Committed in Connection With the Oakwood Mutiny, the Marines’ Stand-off and the Manila Pen Incident and Related Incidents” which is made effective “upon the signing thereof” on October 11, 2010.

Under Section 19 of Article VII of the 1987 Constitution, the power of the President to grant amnesty is subject to the “concurrence of a majority of all the Members of the Congress.”

 The concurrence of the Congress requires an absolute majority of 50% plus one of the total House membership or 140 votes out of 278 current Members of the House.

 Previous presidential amnesty proclamations like President Gloria Macapagal Arroyo’s Proclamation No. 1377; President Joseph Estrada’s Proclamation Nos. 21, 390 and 405; President Fidel Ramos’ Proclamation Nos. 10, 10-A, 347, 348, 377, 723 and 724; and President Corazon Aquino’s Proclamation Nos. 80 and 138 invariably recognize the concurrent power of the Congress by providing that the proclamation “shall take effect upon concurrence by a majority of all the Members of the Congress.”

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Technical flaw noted in amnesty proclamation

By Michael Lim Ubac
Philippine Daily Inquirer

Link: http://newsinfo.inquirer.net/breakingnews/nation/view/20101013-297553/Technical-flaw-noted-in-amnesty-proclamation

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Press Release

  

          The decision of President Benigno Aquino III to temper the recommendations of the Incident Investigation and Review Committee IIRC on the fatal hostage fiasco by clearing Undersecretary Rico Puno of the Department of Interior and Local Government and retired PNP Director General Jesus Verzosa of culpability has created more problems than solutions according to Minority Leader Albay Rep. Edcel C. Lagman.

           “The inordinately delayed decision of President Aquino disparages the recommendations of the IIRC, his own Presidential committee, even as the unreasonable delay in the release to the public of the full text of the report particularly the substantial parts on “Recommendations” and “Conclusions on Responsibility” makes the President’s ultimate action suspect,” Lagman said.

           Lagman asked “why were Puno and Verzosa, the two most ranking officials recommended by the IIRC to face charges, spared while lesser officials were held culpable by the President?”

           Puno was handpicked by President Aquino to be in charge of police matters as DILG Undersecretary while Verzosa headed the Philippine National Police when the hostage taking incident occurred on August 23, 2010.

           “The death of eight foreign tourists due to the irresponsible handling of the crisis situation makes it hard to justify the President’s action to exculpate everyone involved from criminal negligence,” Lagman added.

           The Minority Leader said that it would have been better had the President endorsed the IIRC recommendations on the criminal liability of the officials involved to the prosecution arm of the government for appropriate disposition instead of his “exercising quasi-judicial powers.”

           Lagman urged the House Committee on Public Order and Safety and Good Government to immediately start the Congressional inquiry on the incident in order that the Congress can make its own independent assessment in aid of legislation and determine the administrative and criminal culpability of errant officials.

Press Statements

 

Instead of grading President Benigno Aquino III on his first 100 days in office, I suggest standards on how to assess the President’s performance now and for the rest of his term:

            1. Ability, agility and alacrity in responding to a crisis situation and its aftermath;

 2. Existence, substance and viability of the Aquino administration’s legislative agenda;

 3. Adequacy and import of the President’s policy prioritizations and budgetary allocations in the National Expenditure Program (NEP);

 4. Choice of presidential appointees on the basis of qualification, experience and integrity;

 5. Capacity to confront the present and plan the future, instead of perpetually complaining about the past and castigating predecessors;

 6. Response to criticisms and critics;

 7. Decisiveness of actions and judiciousness in resolving options;

 8. Statesmanship over partisanship;

 9. Sincerity and credibility over bare propaganda and populist pronouncements; and

 10. Resoluteness in confronting and solving the population issue without fear or favor.