‘Senators must be physically present on resumption of session’

MANILA, Philippines — Senators will have to be physically present in order to muster a quorum when Congress resumes session on Monday so it can properly approve any changes in parliamentary rules that would allow them to conduct legislative business via teleconferencing, Senate President Vicente Sotto III said yesterday.

Topping the Senate agenda is amending its rules to allow the chamber to hold sessions, committee hearings and other meetings without physical gathering amid the coronavirus disease 2019 (COVID-19) crisis.

But to do that, the lawmakers must first be physically present to cast their votes, particularly on Senate Resolution 372 signed by 15 senators seeking to amend the rules to allow teleconferencing in legislative proceedings.

“No. Not in our rules yet. After we pass a resolution to that effect. Some wise guy in the future can question our proceedings if I agree to Frank’s (Senate Minority Leader Franklin Drilon) proposition. We will allow virtual attendance and participation after Monday,” Sotto said when asked whether or not the chamber will already start sessions via teleconference on May 4.

He said the directives of the Inter-Agency Task Force on Emerging Infectious Diseases prohibiting gatherings could not supersede a constitutional mandate.

“We are authorized by the Constitution to formulate our rules, therefore we may do so after we convene on Monday and agree to what the majority decides,” he pointed out.?Sotto, who will preside over the opening of session, expects “most of the senators” to be present in order to pass the resolutions and reference of business. 

“I expect more than 12 (senators present). If I do not get 12 or more, what’s the use of my mastery of the Senate rules if I can’t remedy that,” Sotto said.

The Senate is also expected to approve the resolution honoring the late senator Heherson Alvarez, who could not be given the usual necrological services by the chamber.

Drilon earlier said convening and holding sessions through teleconference, videoconference and other electronic means would strike a balance between fulfilling the constitutional mandate and duty of the Senate and the government’s efforts in preventing the spread of COVID-19. 

“Amid the risks and uncertainties brought about by the COVID-19 pandemic, there is no other option but to temporarily forego the holding of session in the customary and traditional manner. The Senate would still be able to perform its role as the duly elected representatives of the people and fulfill its legislative and oversight function in the midst of the pandemic if it were to hold its sessions through teleconference, video conference or other electronic means,” Drilon said.

He, however, stressed that the chamber need not adopt beforehand the resolution that was filed last April 27 by 15 senators. The resolution seeks to allow the chamber to hold plenary sessions and committee hearings through teleconferencing due to force majeure or the occurrence of an emergency. 

As provided for in Article VI, Section 16 (3) of the Constitution, Drilon said the manner by which the Senate determines the presence of quorum, conduct its business and how its members vote is left to its wisdom and judgment. 

“Thus, in the same manner that the House of Representatives convened and conducted the First Special Session of the 18th Congress last March 23, the May 4 session of the Senate may be called to order and convened through teleconference, videoconference or other electronic means,” he explained, referring to the proceedings that passed the Bayanihan Act. 

He said the session on Monday will be considered a mass gathering, which is prohibited as Metro Manila and other parts of Luzon remain under enhanced community quarantine (ECQ). 

“If convened and conducted in the usual manner, the May 4 Senate session will certainly require and result in the assembly of senators, Senate officials and skeleton staff numbering at least a hundred in the session hall and nearby work areas, which would violate the ECQ rule on mass gatherings,” Drilon said. 

The World Health Organization (WHO) categorizes an event as a mass gathering “if the number of people it brings together is so large that it has the potential to strain the planning and response resources of the health system in the community where it takes place.”

The holding of session in the usual manner will be very risky for everyone, Drilon said, adding the session could drag on for hours, which the WHO considers a high-risk activity. 

The gathering of close to 100 Senate officials and employees, some of whom may be asymptomatic carriers, could potentially add strain to the already overburdened healthcare system, he said.