Filibuster then and now

The word filibuster has two totally different meanings. It is actually derived from the Dutch word vrijbuiter and referred to the pirates plundering in West Indian waters in the 17th century. Later it was used by an organized band organized from the United States who, in defiance of international law, were invading and revolutionizing some Spanish-American territories. Two historical examples of these early filibusters were Narciso Lopez who led an invasion to Cuba and William Walker’s attack in Sonora, Mexico. It was in this sense that Jose Rizal used the word in his second novel El Filibusterismo in reference to the Spanish presence in the Philippines.

But the word as used today has a completely different meaning. It means "the use of obstructive tactics in a legislature, by excessive use of technicalities or lengthy speeches in order to prevent action by the majority." And that is what is happening in the National Board of Canvassers charged with the task of proclaiming the presidential and vice presidential winners of last May 10 elections. To complicate matters, Congress will adjourn sine die, meaning without any future date being designated for its resumption. The Senate majority leader expressed fear that the opposition might use the sine die adjournment for a "no proclamation" scenario. In short, the question is: Can the National Board of Canvassers continue its function after Congress adjourns sine die. This is a legal question and we will let the proper authorities decide.

Filibustering was a problem that the American Senate had to contend with. Some filibusters literally lasted more than a month. In 1846, a filibuster against a resolution to end the joint occupation of Oregon with Great Britain lasted two months! As long as a senator has the floor, he could not be interrupted. So in 1917, they passed the cloture rule which by two-thirds vote of members present could limit each senator to one hour on the floor. It was not till 35 years later that the cloture was invoked to end a filibuster on the Senate floor. Our Congress has no such provision. So the question now is: Can the National Board of Canvassers meet its ultimate deadline for the proclamation of the winners of the presidential and vice presidential elections by June 30? What happens if it doesn’t? Will the positions of president and vice president be considered vacant? If so, who will take the place of the president? The task of the National Board of Canvassers is to officially proclaim the president and the vice president by June 30. If it does not comply with its mandate to meet this deadline, what it will be doing in effect is creating a vacancy for the two top positions in our Republic. That would be initiating anarchy.

The National Board of Canvassers has only 15 days left to meet its deadline, and we include the four Saturdays and Sundays covered in that count. The biggest question is that the 12th Congress has already adjourned. The 13th Congress will not meet till July. What is the status of the National Board of Canvassers?