FOURTEENTH CONGRESS OF THE REPUBLIC )
OF THE PHILIPPINES )
First Regular Session )
SENATE
P.S.R. No. 228
Introduced by Senator Miriam Defensor Santiago
URGENT RESOLUTION
EXPRESSING THE SENSE OF THE SENATE THAT IT IS AN UNPARLIAMENTARY ACT FOR A SENATOR TO LEAD AN ATTEMPTED COUP D’ETAT AGAINST THE GOVERNMENT,
AND CALLING FOR HIS PROPER PUNISHMENT
WHEREAS, on 29 November 2007, Senator Antonio Trillanes IV, who is detained and under trial on a charge of coup d’etat, walked out of a Makati courtroom and stormed into a hotel where he participated in the reading of a prepared seditious statement calling not only for the President to resign, but also for the public, in effect, to compel her to leave office;
WHEREAS, the Rules of the Senate, Rule 34, Section 97, provides:
SEC. 97. Upon the recommendation of the Committee on Ethics and Privileges, the Senate may punish any Member for disorderly behavior and, with the concurrence of two-thirds (2/3) of the entire membership, suspend or expel a Member. A penalty of suspension shall not exceed sixty (60) calendar days.
WHEREAS, the Constitution, Article II, Section 3, provides:
SEC. 3. Civilian authority is, at all times, supreme over the military. The Armed Forces of the Philippines is the protector of the people and the State.
WHEREAS, this provision means that the President, as commander-in-chief, is supreme not only over the military, but also over its rogue elements. Furthermore, the provision that the AFP is the protector of the people is not meant to authorize any of the rogue military to stage a coup d’etat, but is intended to emphasize the defense of the country from foreign attack;
WHEREFORE, BE IT RESOLVED, that the Senate Committee on Ethics and Privileges, should meet immediately and recommend the proper punishment for Senator Trillanes for disorderly behavior and unparliamentary acts and language, including if necessary, his suspension or expulsion from the Senate.
Adopted,
(Sgd.)
MIRIAM DEFENSOR SANTIAGO