House divided: Who is the real Speaker?

MANILA, Philippines — Lord Allan Velasco was installed as the new Speaker of the House of Representatives during an assembly described by incumbent Alan Peter Cayetano as illegal and a bastardization of the legislature, plunging the chamber into chaos a day ahead of a special session to pass the 2021 budget.

The assembly organized by Velasco’s followers at Celebrity Sports Plaza in Quezon City culminated in the election of the Marinduque lawmaker by 186 members — a majority of the 299-strong House, if accurate — who registered their votes in person and via Zoom or Viber.

The proceedings were held behind closed doors but broadcast live by Radio Television Malacañang, hinting of endorsement by President Duterte, whose daughter, Davao City Mayor Sara Duterte, openly backed Velasco and said her party respected the term-sharing deal between him and Cayetano.

The Palace, however, had no immediate comment on Velasco’s election as Speaker by the assembly. Presidential spokesperson Harry Roque reiterated that Mr. Duterte did not want to interfere in House affairs, and quoted him as saying he was fed up with the politics there.

“The important thing is that the proposed 2021 budget is passed,” Roque said.

In a press conference at the Batasang Pambansa, Cayetano warned Velasco that he would not go down without a fight, signaling more trouble ahead in the House, which was supposed to begin a special session on Tuesday to pass the 2021 general appropriations bill on third and final reading.

The special session from Oct. 13 to 16 was called by Mr. Duterte after Cayetano on Oct. 6 abruptly suspended the regular session until Nov. 16 and passed the budget on second reading. The suspension came a week ahead of schedule, purportedly to prevent a Velasco takeover.

But Cayetano’s power move drew an outcry from senators who feared it could lead to a reenacted budget, as the House failed to pass the spending bill on third and final reading before the break. The Senate cannot take up the budget measure in plenary unless the House has approved it on third reading.

Vying for legitimacy

Now that the Cayetano and Velasco factions are claiming to be the true House leadership and vying for legitimacy, it’s unclear which camp will steward the passage of the spending law during the special session.

“I will not allow you to burn this House down, remember that,” the Taguig lawmaker said, addressing his rival. “I love this institution. I’ve been here since 1998 … You try to burn this House down, you’re in for one hell of a fight.”

Cayetano’s camp released an undated “manifesto” signed by 200 House members who “manifest our full and unequivocal support for the continued leadership” of the incumbent.

“We therefore call on Congressman Velasco to respect the collective desire of his peers to allow the continuation of Speaker Cayetano’s exemplary leadership,” the statement said in part.

Some of the signatures on the statement belonged to House leaders who took part in the Velasco assembly, among them Deputy Speakers Conrado Estrella III and Johnny Pimentel, and Maguindanao Rep. Esmael Mangudadatu.

Velasco, on the other hand, offered an olive branch to his opponent.

“[I] extend my hand to Speaker Cayetano and hope he will be amenable to sit down with me for a peaceful transition for the benefit of our country,” he said in a victory speech shortly after taking his oath of office.

Later, Velasco said he was willing to give Cayetano any position he might want, “maybe one of my deputy speakers,” as part of the “healing process.”

In July 2019, the two men entered into a term-sharing agreement brokered by the President. Under the “gentleman’s agreement,” Cayetano would serve as the leader of the House for the 15 months of the 18th Congress, while Velasco would take over for the remaining 21 months.

But conflict erupted between the two camps over the uneven distribution of allocations in the P4.5-trillion 2021 budget, derailing a peaceful transition of power and triggering disagreements over the turnover date and which positions should be made vacant, among other things.

In his speech, Velasco renewed his commitment to support the President’s legislative agenda. He vowed to focus on enacting laws on “jobs, the economy, health care, food on the table, peace and order, and clean, sustainable energy.”

“Most of all, today’s events would ensure the President’s call for timely, legal and constitutional approval of the 2021 budget will be complied with,” Velasco said, drawing applause from the body.

There was a moment of awkwardness when he said: “Today, history is made once again in these august halls,” an unintended reminder that the proceedings were being done irregularly outside the House plenary halls.

He thanked his allies from his PDP-Laban party, the Nationalist People’s Coalition, the party list bloc, and various geographic groupings, such as those from the Visayas, Northern Luzon, Metro Manila, Bicol and Mindanao.

Then he thanked for their “moral support” the President’s daughter, Mayor Sara Duterte; son, Deputy Speaker Paolo Duterte, who was not seen at Monday’s event; and former aide, Sen. Christopher Go.

In a statement, the President’s daughter confirmed meeting Velasco on the weekend, saying her regional Hugpong ng Pagbabago party “will respect the term-sharing agreement as ordered by the President last year.”

President ‘man of his word’

But later on Monday, she declined to comment on reports that she had been calling allies in the House to support Velasco.

“I can only speak for [Hugpong],” she said in a text message. “I have no control over other ‘quotes’ and ‘statements’ attributed to me by other individuals or groups.”

Toward the end of his speech, Velasco said: “Most of all, I thank our beloved President, a man of his word, for his good example and for inspiring young aspiring public servants like me.”

The 42-year-old lawyer is the son of former Supreme Court justice Presbitero Velasco Jr.

The session began with Cagayan de Oro Rep. Rufus Rodriguez laying out the legal and constitutional ground for electing a new Speaker, arguing that the House could hold a session anywhere for as long as the majority of the members are present.

He also justified the absence of the official House mace, the symbol of House authority, which under the chamber’s rules should be displayed during session.

But Deputy Speaker Neptali Gonzales II noted that all official maces of the House were under the custody of the sergeant at arms.

“These prove that what they are doing is clearly a rump and illegal session where the rules of the House will not apply and cannot be used,” he said.

But Muntinlupa Rep. Ruffy Biazon said the official House mace was the one “that is in the presence of the majority of members assembled.”

“Without the members, the mace in the custody of the sergeant at arms is just another replica,” Biazon said.

Integrated Bar of the Philippines president Domingo Cayosa said he found nothing illegal or unconstitutional in the manner of Velasco’s election as Speaker.

The Constitution, Cayosa said, does not prescribe how the House of Representatives will elect its officials, so “what governs are the internal rules.”

Can do business anywhere

“Under the rules, they can agree to conduct business anywhere by majority vote. This has happened in the past. It can be done online. With 186 votes, they can decide to change the rules,” he said in a phone interview.

“The issue here is did they actually have 186 votes,” he said, adding that he expected Velasco and Cayetano to have procured the signatures of congressmen into their camps.

In case there are congressmen who voted for both camps, it should be the most recent signature that is considered, he said.

“If there is a more recent list, then maybe tomorrow (Tuesday), there will be another Speaker,” he added.

Constitutional law expert Antonio La Viña said there was no issue with Velasco’s election outside the House, and that Velasco’s election would simply have to be made formal during a House session.

“It’s a political process so it’s the numbers that matter. The critical moment is when the House convenes tomorrow (Tuesday). Whoever has the numbers will be the Speaker,” La Viña said.

Before Velasco’s assumption of the speakership, the assembly also installed a new House secretary general, Jocelia Bighani Sipin, Velasco’s former chief of staff, and a new sergeant at arms, retired Philippine National Police director Mao Aplasca.

Deputy Speaker Estrella of Abono party list held court as the presiding officer, while Deputy Majority Leader Juan Pablo Bondoc of Pampanga acted as the majority floor leader.

Some 111 House members were present in the hall while 45 voted via Zoom and the rest through e-signature via Viber, according to Albay Rep. Joey Salceda, one of the surprise defectors from Cayetano’s camp.

The House ways and means committee chair said he supported the new leadership because Velasco “stands for honor.”

“And if there’s any institution in this country that must stand for honor, it must be Congress,” Salceda said.

Deputy Speaker Luis Raymund Villafuerte Jr. ridiculed the Velasco-led session for breaking the quarantine rule against assemblies of more than 50 people. He also cast doubt on the truthfulness of the numbers claimed by the opposing camp.

‘Black propaganda’

“It’s black propaganda. They just want to make it seem like they have the numbers,” the Camarines Sur lawmaker said.

“Let them be transparent, they should release the list of the 186. If they think it’s legal then they might as well do a separate session tomorrow and pass the budget,” Villafuerte said.

“We have become a laughingstock. Those who attended there are law breakers,” he said.

Albay Rep. Edcel Lagman said he could not defend the validity of the “rump assembly” despite his position supporting the leadership change to honor the agreement between Cayetano and Velasco.

“A Speaker must be elected when the House is in session in open and public plenary proceedings,” he said.

Lagman said legislative sessions of either the Senate or the House “cannot be conducted in any other place than in which the two Houses shall be sitting without the consent of the other.”

“Granting that the suspension of the session on Oct. 6, is invalid, and the sessions continue, the so-called session called at Celebrity Sports Plaza had no consent of the Senate, and consequently it was not legal and constitutional,” he said.

Lagman said it could only be considered “a show of force or numerical superiority of the Velasco camp.”

“Consequently, the ‘election’ of Velasco has to be legitimized by holding a nominal voting for the new Speaker during any day of the special session,” he said.

Approve the budget

Several senators said what was important to them was that the House approve the budget on third and final reading.

Sen. Sonny Angara said the Senate had no say in the House leadership issue.

“But our request remains the same. We hope the budget is passed on third and final reading before Congress goes on recess. [The] senators are also ready to hold a special session if necessary for the swift approval of the budget,” Angara said.

If the contending camps in the House both claim they have the numbers, he said, they can resolve the matter by calling a session and holding an election for Speaker.

“That will resolve the conflicting claims once and for all so the focus can return to tackling and passing the budget bill,” Angara said.

Go, the President’s former aide, appealed to the members of the House to “set aside political and partisan differences as well as personal ambitions in favor of national interest and the welfare of our people.”

“Let us work together and pass the 2021 national budget on time,” Go said.

Sen. Imee Marcos said the Senate planned to resume sessions on Nov. 9 instead of Nov. 16, and was prepared to receive the House’s final version of the budget.

“We are also prepared to meet as soon as the President [called] a second special session … [T]he Senate will do everything necessary to pass next year’s budget,” Marcos said.

—With reports from Leila B. Salaverria, Dona Z. Pazzibugan, Krixia Subingsubing, Julie M. Aurelio and Germelina Lacorte