Government can save P60 million by not electing Miriam's replacement, lawyer says

MANILA, Philippines - The government can save at least P60 million by not electing a replacement for Sen. Miriam Defensor-Santiago, an election lawyer said yesterday.

“Our government will save close to P20 million a year or a total of P60 million for three years if we will just maintain a 23-member Senate if Santiago resigns,” lawyer Romulo Macalintal said.

According to the 2010 Commission on Audit (COA) report, each senator spends an average of P20 million annually for “salaries, local and foreign travels, benefits of staff members, meetings, conferences, consultancy fees, supplies, materials, office rental, equipment, and miscellaneous expenses.”

On top of the annual spending, the national budget allocates pork barrel of P200 million per year per senator although some senators reportedly did not avail of this.

Macalintal noted that it is not mandatory and urgent at this time for the government to fill in the seat that Santiago will vacate when she joins the International Criminal Court.

He also pointed out that it would be illegal to proclaim a 13th senator because “it would note have the mandate of the people” since voters were asked to vote only for 12 senators.

Macalintal added that the other proposal to configure the precinct count optical scan (PCOS) machines to accept 13 names and proclaim the 13th senator - after Santiago resigns - is also illegal.

“To proclaim the number 13 candidate as her replacement in the same election is to allow all senatorial candidates to run for two positions - one for the regular election for 12 senators and the other for the special election for the number 13 position. It is devoid of any legal basis and violates Section 73 of the Omnibus Election Code, prohibiting any person from running for more than one elective position,” he explained.

According to Macalintal, the positions to be voted for must be clear and cannot be left to chance or speculation.

“If Santiago decides not to resign, then what will happen to the number 13 senatorial candidate? And if the number 13 dies or becomes incapacitated when Santiago resigns: who will then assume the number 13 position as her replacement?” he asked.

If Santiago resigns after the deadline for the filing of certificate of candidacy, Macalintal said a special election for her replacement could still be held if it will not affect the Comelec timetable.

“Otherwise, there is no urgent need to elect her replacement since the Senate has proven that it could still function as a legislative body and even as an impeachment court with only 23 senators,” Macalintal noted.

The current vacancy was created by the election of President Aquino in the May 2010 presidential elections when he was still a senator whose term was to end on June 30, 2013.