Interview with Senator Teofisto "TG" Guingona

On amnesty:

STLG: My way of update, as you know, today we were supposed to take up the Proclamation 50 on the plenary for the grants of amnesty. However, during the weekend, I received an official word from Malacañang that they are going to amend the proclamation. Therefore, because they are going to amend the proclamation we will not push through with the plenary. It would be useless because they would come out with a new proclamation. When the new proclamation comes out that is the time we'll take it up in the Senate.

Q: Ano ba ang mga babaguhin? Kalian?

STLG: Actually hindi naming alam kung ano ang gusto nilang baguhin pero magbibigay kami ng inputs dito sa Senate based on the committee hearing last time that we had plus I'm sure sa house mayroon din inputs.

Q: For instance?

STLG: For instance, declaring imprecision of this shall take effect immediately. You remember that phrase?

Q: Hindi ba automatic yun? Once congress concurred effective na?

STLG: Correct. That is clear but since they already have communicated that they will amend the proclamation , then we will just have to wait for the new proclamation. But that is clear. Yung isa pa ay iyong sa PNP. Hindi kasama ang PNP sa isasama. Iyon ang suggestion namin.

Q: Hindi sa others?

STLG: Yes, puwede din sa others, but we are trying to be precise as possible and since they are going to amend it anyway we might as well make it as precise as possible para wala nang mga debate kung bakit kulang ito, kulang iyan. Bakit sinabi yung ganito, yung ganyan?

Q: Ilan yung amendments na gagawin?

STLG: We don't know kung how many because it will be the Malacañang that will to amend it.

Q: Hindi siya precise?

STLG: Hindi precise. I would say it's imprecise.

Q: Pero sir, you would have approve?

STLG: Yes, because what we plan to do is by way of corrective interpretation in the resolution. For example the phrases "this shall take effect immediately". In our resolution we would have put: "we understand this phrase to mean that this shall take effect upon the concurrence of congress". That would be enough to correct the imprecision of the language. However, since they called me last weekend and said that they will amend it, we might as well wait.

Q: Sino po tumawag?

STLG: Executive Secretary Ochoa.

Q: You met in Malacañang?

STLG: Cellphone.

Q: Doon ba sa gagawin amendment ma-cure na iyon (inaudible)

STLG: That's up to Malacañang if they want to address the dissenting opinion of Senator Arroyo.

Q: Bibigyan ba sila ng copy?

STLG: We will furnish them a copy.

Q: Paano yung condition daw na they must first admit guilt?

STLG: That's also part of the conditions of Senator Arroyo. This question should be more of addressed to Malacañang since they will be the one to draft the proclamation.

Q: They should include that to the amended version?

STLG: They should consider it. Now, as to whether they should include it, that's their call. We would like to pass judgement and debate on the new proclamation when we have it in front of us, when we have the specific terms of the proclamation.

Q: May commitment ba kung kalian iyong gagawing amendment?

STLG: I was talking to Secretary Ochoa this morning and at best efforts ,yung walang sabit at walang problema by Wednesday afternoon this week.

Q: They will submit?

STLG: Before the year ends. Definitely. Kung sabihin mo walang sabit at lalabas ng Wednesday afternoon so Thursday morning lalabas officially. So next week we can do the hearings again.

Q: Committee level?

STLG: We will have to discuss that. But it's better to have a committee hearing again.

Q: Clarify ko lang yung call ni ES

STLG: No, he informed me that they are amending it.

Q: I-resubmit nila ulit?

STLG: Yes, they will amend and resubmit.

Q: Matutupad nab a iyong sinasabi ninyo na makakalabas na si Trillanes?

STLG: There is still enough time.

Q: Sir, paano yung ? May committee report na kayo?

STLG: Yes, but the committee report was a report on the previous proclamation.

Q: Balewala na iyon?

STLG: Yes. We have to make another committee report on the new proclamation.

Q: Balewala na iyong former hearing?

STLG: Hindi naman balewala because these are official records. Incorporate na lang kasi nasabi na at official records anyway.

Q: Bakit hindi muna nila inaayos bago nila ni-release?

STLG: It would be better if they have been more precise with their legal craftsmanship.

Q: Did you asked ES kung sino ang nag-recommend?

STLG: No. They did not tell me. They just told me that they are going to amend it already. I suppose it came out because of the problems going on at the House of Representative.

Q: Sinabi niyo na may PNP na kasali? Ilan?

STLG: That came in the hearing last time but we don't have exactly how many are PNP personnel.

Q: Hindi ba ma-aapektuhan ang budget deliberation natin?

STLG: We will make sure it won't be affected.

Q: Yung committee report niyo has been signed?

STLG: Yes, it has been signed.

Q: Ilan na yung pumirma?

STLG: Overwhelming.

Q: Kailangan ulit ipasign iyon? **

STLG: We need a committee report.

Q: Iyong support noong 17 ___ (inaudible) before wala na iyon?

STLG: Wala na. They give their support to __(inaudible) now.

Q: Possible na matapos?

STLG: Possible next week. You must remember there's a difference. I would like to make itong distinction na ito sa house versus senate. In the house walang clear signal. Sa senado, bago pa lumabas yung proklamasyon, naglabas na ng resolusyon ang senado na bigyan ng amnestiya iyong mga grupo. Overwhelming ang pumirma doon. Bago pa ang proklamasyon, there was a clear signal and a clear sense in the senate na gusto nila magkaroon ng amnesty.

Q: Yung signature na sinasabi niyo sa senate ay para lang kay Trillanes iyon?

STLG: Hindi. Kasama lahat.

Q: Hanggang kalian natin i-allow ang amended proclamation? Parang ang dami ng ganyan.

STLG: You should talk to Malacañang about that. Lesson learned, be more precise to your legal craftsmanship. Kailangan pag-aralan mabuti. Mayroon isang proclamation,Proclamation 80. That was signed by President Cory Aquino. That proclamation it says "this proclamation shall take effect immediately". But you must remember that President Cory made that proclamation , she had executive and legislative powers at the same time. Revolutionary government noon. That's why it took effect immediately. But now, it's a different regime. We have a functioning legislature . We have a functioning senate and congress.

Q: Ano iyon sir, kinopya nila iyong nakaraan procklamsyon? Hindi ba kayo nafrustrate?

STLG: Yes, it's quite frustrating.

Q: So they will create an amnesty commission?

STLG: I cannot answer that because they might amend that also. Hindi ko pa masasabi kung anong gagawin nila?