PRESIDING SENATOR-JUDGE ESCUDERO:
(0:00:00) Authorities are duly noted and entered in the records. The chair would like to apologize to Senator Cayetano who has been waiting for quite some time. Thank you for your patience and indulgence. Senator Cayetano is recognized. What is your pleasure?
SENATOR-JUDGE ALAN PETER CAYETANO:
(0:00:10) Thank you, presiding Senator Judge. Since we already stated as a court that we will take literally Section 3, subparagraph 6 of Article 11 of the 1987 Constitution, that no person shall be convicted without the concurrence of two-thirds of all members of the Senate. May I ask the members of this court through the presiding justice to consider, not today, I have a proposal, but not today, but to consider communication with the Sandiganbayan for the attendance of Senator Rodante Marcoleta and Senator Jinggoy Estrada considering that the presiding officer may correct me if I’m wrong but if we get to section 21 as discussed a while ago by the defense, the prosecution and defense.
(0:01:11) And we do not know what will happen. Their case may be dismissed. They can be out on bail. So we want them to be able to participate and observe the witnesses as Senator-Judges here. I do know that Senator Jinggoy is under suspension, but there’s an argument to be made that the impeachment court is sui generis (of its own kind).
(0:01:39) In ordinary committee hearings, we do coordinate with courts to ask that persons under their custody be delivered to the Senate or the House of Representatives under certain conditions.
(0:01:55) So I’d like to formally ask Mr. President that this court consider that I will submit whether you’d rather have a caucus or a in-camera discussion, or if you want us all to submit our legal opinion. I wouldn’t also mind the prosecution and defense weighing in, but considering that if they do not attend and they are here, sorry, Mr. President, considering that if they do not attend at all and cannot vote, their vote will be equal to a acquittal.
(0:02:30) And as we said from the start, we want a fair and… We want justice. We want a fair impeachment trial. Sinabi ng prosecution na sana tignan yung ebidensya, pakinggan yung mga witnesses. So kahit gawin ito ni Senator Marcoleta at kahit gawin ito ni Senator Jinggoy, and of course, this is my personal opinion na may political sa pagpapakulong sa kanila. That’s my political… That’s my personal view.
(0:03:00) Allowing them to attend here might add to the integrity of the proceeding and actually make things easier when the time comes to render a verdict. So may I submit that to the court and to our colleagues for discussion at the proper time, Mr. President.
PRESIDING SENATOR-JUDGE ESCUDERO:
(0:03:17) The chair notes the comments and requests of Senator-Judge Cayetano and will consult the Senator-Judges regarding this matter and shall coordinate with his office with respect to his requests pertaining to Senators Jinggoy Estrada and Senator Marcoleta, including whether or not we will enlist the comment and position of the parties to this case. So ordered. Senator Tulfo? What is the pleasure of Senator-Judge Tulfo? Raffy?
SENATOR-JUDGE RAFFY:
(0:03:58) Mr. Presiding Officer, as far as I’m concerned, I would allow, siguro, mag-monitor yung mga si Senator Jinggoy, Senator Marcoleta. They will be allowed, kahit man lang yung sa TV monitor. Para sa akin, I do agree with what Senator Alan Peter Cayetano was suggesting. Thank you, Mr. Presiding Officer.
PRESIDING SENATOR-JUDGE ESCUDERO:
(0:04:21) The point of Senator Raffy, Senator-Judge Raffy Tulfo is well taken by the chair. Any others?
(0:04:32) If there are none, presiding officer would now like to deal with an administrative matter before we adjourn for this afternoon. On the matter of providing public access to case records, yes, Senator-Judge Marcos, what is your pleasure?
SENATOR-JUDGE MARCOS:
(0:04:48) Yes, presiding officer, may I request an update? As I recall, during the pretrial conference, there was disagreement on how to go about the markings on the various documents. And among the thousands of pages that we have received in evidence for the trial, it apparently was resolved that the counsels would place their initials on the evidence. Is that correct? Is that still what stands today?
(0:05:14) And each party would take their respective evidence or files and present the same…
