New Magnificent 12

By Artchil B. Fernandez

On September 16, 1991, the country celebrated the “Magnificent 12.” They were the 12 senators who rejected the new treaty that would have extended the stay in the country of the largest U.S. naval facilities in Asia. Despite personal pleas from President Cory Aquino, the 12 senators, mostly aligned with her administration, refused to extend for 10 more years the stay of the U.S. Subic Naval Base.

A quarter of a century later, the Senate produced a new “Magnificent 12” who ended the impasse in the legislature. In the past three weeks, the Senate was reduced to a theater of the absurd when DDS senators wrested control of the chamber. The Senate became the scene of comedy, drama, action, and even horror as the DDS senators turned it into a sanctuary for a fugitive and figures who are afoul of the law and justice.

As expected, this week’s episode of Senateflix delivered high-octane drama. DDS supremo Alan Peter Cayetano engaged in a shouting match with DILG Secretary Jonvic Remulla, who served in the Senate premises a warrant of arrest on DDS senator Jinggoy Estrada for the nonbailable crime of plunder. This is the third time Estrada has been charged with plunder, in this instance over the ghost flood control projects scam.

Despite Cayetano’s devious maneuvers, the rule of law prevailed with the arrest of Estrada. The sore Cayetano ordered his bloc to boycott Senate sessions in retaliation for the arrest of their chum for plunder. For two days, 11 minority senators were left hanging on the Senate floor as the reduced majority refused to report to work. Whom they are hitting back at is unclear. Is this their retribution against justice and the rule of law?

One thing is clear with the latest dirty theatrics of the DDS senators. They are betraying their oath of office and mandate. They are elected to work for the good and welfare of Filipinos. Refusing to work because their cohort is facing plunder charges is turning their backs on their duties and responsibilities. The whole situation is outrageously hilarious. For the first time, the majority refused to attend session. They are supposed to be in control of the Senate. That they sabotaged their own leadership is scandalous.

Truth is, the arrest of Jinggoy Estrada reduced the majority to the minority. From the original 13, their number dwindled to 11, with Bato de la Rosa on the run and Jinggoy Estrada in jail. They are even with the minority. A strange and weird situation arose in the Senate. The majority does not have the numbers to push its agenda, while the minority, though out of power, can impose its will on the chamber.

With Alan Peter Cayetano presiding, the balance of power on the floor is 10 majority senators against 11 minority senators. The majority is the minority, while the minority is the majority. When it comes to voting, the majority, which is the minority, loses to the minority, which is the majority. This is bizarre, a first in the Philippine Senate.

Knowing they are outvoted, the majority, which is actually the minority, boycotted Senate sessions. The boycott is childish and brattish behavior. Since they cannot have their way, the DDS senators would rather close and paralyze the Senate, public service be damned. The question is: How long can they stay away from Senate sessions — till kingdom come? They would rather have the nation suffer than do their obligations.

The wily and wicked Alan Peter Cayetano assumed he had checkmated the other side. He thought he successfully held the Senate hostage to his whims and caprices. But he prematurely celebrated his “victory.” There are many variables he cannot control.

On the third day of the non-majority majority boycott, a surprise twist occurred on the Senate floor. While the non-minority minority senators waited at the session hall, Chiz Escudero walked in and reported to work. There are now 12 senators present in the session hall. Standing on the Avelino v. Cuenco jurisprudence (G.R. No. L-2821, March 4, 1949) and the 2015 Senate precedent, the 12 senators declared there was a quorum. The Senate was finally in session, ending the impasse. They declared all positions vacant and elected Sen. Win Gatchalian as Senate president pro tempore, designating him as acting Senate president since the position is still vacant. The new majority — the new Magnificent 12 — does not yet have the number, 13, to elect a new Senate president.

In the blink of an eye, Alan Peter Cayetano was ousted as Senate head. He cannot continue to serve as Senate chief since his bloc is now further reduced to 10, while the previous minority is now the current majority. The Senate is once again functioning.

The new Magnificent 12 can conduct the business of the Senate even if the DDS senators will not report to work. Life in the Senate will go on without the 10 remaining DDS senators. Their presence is not needed for the legislative body to serve the Filipino people. The Magnificent 12 are enough for the Senate to do its work.

Prolonged absence of DDS senators, however, is politically fatal to them. They will definitely face the wrath of the public should they continue to be absent from work. Why run for senator in the first place only to refuse to attend Senate sessions?

The Executive and the House immediately recognized the Senate leadership of the new Magnificent 12. This further diminishes and undermines Alan Peter Cayetano’s claim that he is still the Senate president. Without recognition from other branches of government, his claim is a huge joke, laughable at most. Who will deal with him?

The rise of the new Magnificent 12 in the Senate is the latest turn in Senateflix. The short, chaotic, vile, and abhorrent reign of Alan Peter Cayetano and the DDS senators is over. The nation heaved a huge sigh of relief. The Senate was pulled back from the abyss of paralysis. But given Cayetano’s sordid and sleazy history, he will continue to plot and scheme to thwart and sabotage the Senate. The sulking brat Alan Peter Cayetano remains dangerous, but the new Magnificent 12 can foil him.

The Senate is saved for now — until the next Senateflix episode.