Cayetano seeks separate rulings on subpoenas for Duterte bank and AMLC records

“Senator-judge Alan Peter Cayetano argued that the impeachment court should examine the different legal issues involved in the subpoena requests instead of treating them as a single matter. He said records involving Vice President Sara Duterte, her husband, peso and dollar accounts, and company accounts may require separate consideration, adding that a clear ruling would help explain the court’s decision if challenged.”
Transcript

PRESIDING SENATOR-JUDGE ESCUDERO: 

(0:00) Alan Cayetano is recognized. 

SENATOR-JUDGE ALAN PETER CAYETANO:

(00:00:03) Thank you, Presiding Officer, very eloquently said. Before we go to our favorite subject—recess, the prosecutor was going to say something about Monday.

Witness, can we hear that? Because if I don’t want to preempt, but can we hear that? Because if they’re not going to have witnesses on Monday, I have a proposal. 

PRESIDING SENATOR-JUDGE ESCUDERO: 

(00:00:29) I’m sure they will. They were in fact on the verge of announcing it.

SENATOR-JUDGE ALAN PETER CAYETANO:

(00:00:35) Because, Mr. President, this is what I wanted to say. We do need the caucus, but after hearing both sides I really have many questions and I think we should really dapat mahimay, but after hearing them, I think there’s a couple of issues we will agree on, but I’d rather ask my questions on Monday. So if everyone agrees, then we can caucus, but allow them to adjourn, unless someone wants to ask after our caucus. 

PRESIDING SENATOR-JUDGE ESCUDERO: 

(00:01:10) We will hear the lead prosecutor. However, Senator Judge Cayetano, it is the predisposition of the Presiding Officer, given that we don’t have any witnesses today to settle this matter and this issue today.  It’s the only matter for us to discuss anyway. 

SENATOR-JUDGE ALAN PETER CAYETANO:

(00:01:27) That’s my point, Senator-Judge. I’m reviewing the rules. Hindi naman tayo tatagal pag per legal issue kasi nakalagay naman not more than 2 minutes eh. So, meaning, for example, for me, issuing the subpoena is not one issue. Whether the subpoena is to the VP or to her husband is two separate issue.

(00:01:51) Peso account or dollar account is a separate issue. Whether or not the company’s accounts, et cetera, should be subpoena is a different issue. But for me to decide, I want to ask the prosecution and the defense about that. So medyo mahaba-haba talaga.

PRESIDING SENATOR-JUDGE ESCUDERO: 

(00:02:09) To answer the Senator Judge, we have a president that I think if I remember correctly, it involves the good gentleman himself. When then Senate President Enrile made the ruling with respect to the request for the issuance of a subpoena against the former Chief Justice Corona and his family. The gentleman agreed with respect to not issuing the subpoena against the Chief Justice, but disagreed with respect to not issuing with the family.

SENATOR-JUDGE ALAN PETER CAYETANO:

(00:02:41) I was correct there. That was the first. The rules of court says, pwede kapag son-in-law but I was overruled by Senator Enrile. I appealed. The body agreed with him. So even if I was correct, I was overruled. But my point is Mr. Presiding Officer, that was one simple issue. That’s why I didn’t argue. I’m saying this seems to be like two subpoenas, but there are several subject matters, AMLA, et cetera.

(00:03:10) And remember, this is Article 2, What’s our assumption? August or September pa ito i-take up e.? So I’m just saying, for example, we all agree on the ruling. It benefits one side. We should tell them why we ruled that way so that if they file a motion for reconsideration or they go to the Supreme Court, malinaw din ang ruling natin don. There’s substantive issues here. There are some issues, as eloquently said by Congressman Chel Diokno. Alangan namang magbago ako ng stand kung pare-pareho yung issue about the… let’s say, bank account.

(00:03:48) So you know my vote on that di ba?. But my vote on Chief Justice Corona doesn’t mean it’s the same vote if it was on his spouse and the companies that are under his name. I can tell you honestly right now, I don’t know what to vote for, what my vote will be but I do know that these are two important issues. Even the definition of definiteness and the definition of fishing expedition, I want to pursue that with them. 

PRESIDING SENATOR-JUDGE ESCUDERO: 

(00:03:48) With the permission of Senator Judge Alan, can we discuss that in caucus? 

SENATOR-JUDGE ALAN PETER CAYETANO:

(00:04:22) Yes, yes. So I’m just saying, if we’re going to discuss it and maraming magtatanong, do you want them to go home and we can extend till Thursday next week or whatever?

PRESIDING SENATOR-JUDGE ESCUDERO: 

(00:04:34) No, not at this time. 

SENATOR-JUDGE ALAN PETER CAYETANO:

(0:04:35) Okay. I submit to the presiding officer. 

PRESIDING SENATOR-JUDGE ESCUDERO: 

(0:04:35) We can advise them properly at the appropriate time. Senator Judge Pangilinan…..

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