News Release

MIRIAM: BOW TO SUPREME COURT, HALT SENATE PROBE

“The Senate rules allow the inquiry to continue, despite a concurrent Supreme Court case. But it is better to give the Supreme Court enough breathing space, simply out of respect. The probe is adding to the political noise,” she said.

Santiago said that if the Senate blue ribbon and two other committees decide to continue the probe, she would continue to participate, after expressing her personal opinion.

“I have no power to halt the probe, but I will not snub it, because an individual senator generally follows a committee decision,” she said.

Santiago said that suspended loan negotiations must wait for final decision by the Supreme Court, which has already issued a TRO against it.

Santiago also said that if the Supreme Court allows the deal to be concluded, it would be an executive agreement, which does not need Senate concurrence but only Monetary Board approval.

“But the question of the alleged irregularities in its negotiation is a separate issue,” the senator said.

Santiago explained that after the Supreme Court issued a temporary restraining order against ongoing negotiations, President Arroyo “had no option but to suspend the proceedings.”

In a privilege speech yesterday, Santiago said that the Constitution requires Senate concurrence for a “treaty or international agreement,” but the Supreme Court has consistently held that an executive agreement is an exception to this rule.

Santiago said that the loan agreement is an executive agreement, on the following grounds:

1. It is a soft loan and the risks to the nation are not significant.

2. It is not intended to affect Philippine laws.

3. It can be implemented without the enactment of subsequent legislation, save for the necessary provision in the national appropriations act.

4. Past foreign loan agreements have been upheld as valid executive agreement, notably in the 2007 Abaya and Kolonwel cases.

5. It is a short-term agreement.

6. The validity of an executive agreement is considered a norm of international law, and more specifically as a principle of international customary law. In international law as in Philippine constitutional law, custom is the best interpreter of the laws. Optimum legum interpres consuetudo.

7. To require Senate concurrence would compromise the constitutional power of the President as chief diplomatic officer.