Senate paralysis

By Artchil B. Fernandez

Senateflix, a new source of national entertainment, has not disappointed since its launch two weeks ago. The maiden broadcast was a suspense thriller. There was comedy, action, and high drama. This week’s edition is equally exciting, exposing the villains’ dirty machinations and the heroic walkout of the protagonists.

The wicked intention and vile agenda of the DDS senators are slowly being revealed in their move this week. DDS Sen. Marcoleta proposed amending Rule 14 of the Senate to allow a senator, “for justifiable reasons,” to attend and participate in the session through teleconference, video conference, or other reliable forms of remote or electronic means, using appropriate information and communications technology. Senate rules allow remote participation only during emergency situations like the COVID-19 pandemic or due to force majeure. Marcoleta’s proposal allows senators to conjure any justifiable ground to be physically absent from the Senate hall.

DDS senators’ supremo Alan Peter Cayetano and Marcoleta wanted the Senate to vote on the proposed amendment just 15 days after it was proposed. The Committee on Rules has yet to tackle the proposed change, yet the DDS senators are forcing the plenary to take it up. It is clear the DDS senators are railroading and manipulating the Senate process to get what they want. They refused to allow a debate on the matter.

Unable to withstand the blatant disregard of Senate procedures, minority senators walked out of the session. Minority Leader Tito Sotto stayed behind to question the quorum. Without a quorum, the Senate was forced to adjourn the session.

It is plainly obvious to Filipinos why the DDS senators are rushing to change the Senate rule on remote participation of senators. One of their members, the fugitive Bato de la Rosa, is on the run and cannot physically attend sessions. The change in rules is to accommodate the infamous Bato de la Rosa. The proposal would allow him to log in, cast a vote on the agenda of the DDS senators, then log out again. The insidious and sneaky purpose of the proposed change in the rule is shamelessly brazen.

Aside from Bato de la Rosa, the proposed change in the rule is also in anticipation of the arrest and incarceration of three or four DDS senators. The Ombudsman filed plunder charges before the Sandiganbayan against Jinggoy Estrada related to ghost flood control projects. The plunder case related to ghost flood control projects against Joel Villanueva is also ripe for filing, according to the Ombudsman. Marcoleta is facing plunder and bribery complaints before the Ombudsman over PHP 75 million in campaign donations he allegedly received last year. Chiz Escudero has a PHP 586 million plunder complaint over the flood control mess.

Should the above DDS senators be arrested and jailed, they would also be the beneficiaries of the proposed change in Senate rules. They can vote from jail.

The proposed change in the Senate rule on online participation of senators is self-serving. DDS senators are using their position not for public service, but for self-service. Should the rule be approved, it will allow the DDS senators to maintain their control of the Senate despite their inability to perform their function.

This is in contrast to what some of these DDS senators did to then-Sen. Leila de Lima. She was jailed on spurious and fabricated charges, which she bravely faced. When minority senators proposed that she be allowed to participate, not even vote, in Senate sessions online, the majority of senators aligned with the Duterte administration denied her the opportunity to serve her constituents. Now that the shoe is on the other foot, the DDS senators are trying to enjoy the privilege they denied De Lima. The double standard and hypocrisy of the DDS senators are beyond measure. They are notoriously immodest.

Aside from revealing the hypocrisy of the DDS senators, the incident exposed the empty and hollow victory of the DDS senators in seizing control of the Senate. They are the majority that cannot push their dirty agenda. With Bato de la Rosa on the run from the law, the number of the majority is reduced to 12. The Constitution and Senate rules are clear. The Senate can only validly conduct its business when there is a quorum, which is 13. There are now 12 DDS senators, and their number could further dwindle once some of them are arrested and jailed on corruption charges.

This is the first time in history that the majority cannot do business in the Senate. Usually, the majority can conduct sessions since it has the number and does not need the presence of the minority. But the current situation prevents the majority from convening a session without the presence of the minority. The 12 remaining DDS senators cannot call for a session unless they spring Bato de la Rosa from hiding. With Bato de la Rosa being hunted by law enforcers, it is impossible to bring him physically to the Senate, hence the remote or online participation being proposed by the majority.

The implication of the current impasse is apparent. The Senate is in paralysis. The majority cannot do its business, but neither can the minority. Both sides do not have the number to convene the Senate. Given the bitter polarization of the Senate, the chamber is now paralyzed. The minority has found an effective way to prevent the majority from carrying out its nefarious scheme. Which side will eventually give in?

Paralysis in the Senate is more disadvantageous to the majority than to the minority. The majority is in power, yet it cannot exercise that power, handicapped by De la Rosa’s fugitive status. Senate paralysis creates an interregnum, which can give rise to monsters, to use a Gramscian vocabulary. Aside from exposing their selfish motives and fiendish selves, what did the DDS senators really get from their coup?

Given the paralysis in the Senate, more intriguing and interesting events will unfold in the coming days. How will the impasse be resolved? Who will eventually come out the winner? What will break the paralysis? Will a new configuration arise? Coming episodes of Senateflix are guaranteed to be electrifying.