00:00put in that guarantee that no person shall be compelled to testify against himself or to be a witness or
00:07that there should not be a testimonial compulsion from the accused herself, it did not qualify that provision.
00:18We would just like to give a brief comment and perhaps a more appropriate response would be in order when
00:29we already receive any formal request for subpoena.
00:33As the good counsel had mentioned, they are not still asking for any issuance of subpoena for the respondent, but
00:42briefly, I would just like to address two points in her, what she calls a two-minute manifestation, but in
00:51reality, it would seem to me that it's more than two minutes.
00:58Well, there's a third one, and the third one, I would have to say first, I'd like to thank the
01:03Madam Counsel for not mentioning the very words that the court had already repeatedly ruled are not allowed in this
01:17courtroom or anywhere else.
01:19But the second point I'd like to make is with respect to the manifestation where she adverted to the prosecution's
01:31desire or wish for the respondent to be present in this trial.
01:36I think this matter and issue has been settled on day one, and until now, it is clear that respondent
01:47is here through her counsel.
01:49If respondent is not interested in this trial, she would not have even sent her lawyers to defend her in
01:57this case.
01:58Now, as to my third manifestation in respect of the intention of the prosecution to call the respondent, again, we
02:08will also reserve our right to file our formal written comment to any such request.
02:17Yes, but just very briefly, I think that without me expounding or articulating on these principles, this court would be
02:26able to appreciate that there is an innate problem in that kind of request.
02:34Just on five points, just on five points, because the Constitution prohibits this kind of testimonial compulsion from the accused
02:43herself.
02:43I know that the response would be, this is sui generis, this is not exactly a purely criminal proceeding.
02:52But nonetheless, when Section 17, Article 3 of our 1987 Constitution put in that guarantee that no person shall be
03:01compelled to testify against himself or to be a witness or that there should not be a testimonial compulsion from
03:10the accused herself, it did not qualify that provision.
03:15Now, the second thing is, with respect to that first point, this right is absolute.
03:22And this is not only a simple right or a statutory right, this is a fundamental right.
03:28This is a right emanating from the Constitution itself and one that emanates from the guarantees under Article 3 of
03:35our 1987 Constitution.
03:37And I know that this is the right and I know that this is not only a person who is
03:42in the face of this wall or an attorney's office or an attorney's office, but it is important to understand
03:49this also for all the people who are in the face of this wall or an attorney's office.
04:20Now, my third point, in respect of this preliminary manifestation of such intention to call the Vice President,
04:29as a witness for them, is that the Constitution and Jurisprudence are historically clear on the absolute prohibition against compelling
04:40the accused to give testimony for the prosecution.
04:43We will be able to cite a case that starts, no, hindi lang itong mga nagdaang taon, kundi nung unang
04:52panahon pa, ibig sabihin ganoon, kabigat, kalawak at kalalim ang garantiang ibinibigayin ng Constitution sa ilalim ng saligang batas.
05:00Now, the fourth point is that the aim of the constitutional injunction against a testimonial compulsion is aimed against a
05:10more far-reaching evil in the words of the Supreme Court.
05:14It is a guard against the recurrence of the inquisition and the Star Chamber, even if not in their stark
05:24brutality.
05:25I will leave it there, no?
05:26Hindi ko na siya ipapaliwanag pa habang hinihintay namin yung formal na request ng subpina mula sa prosecution.
05:34And finally, at ito siguro yung isa sa pinakamahalagang batayan para manindigan kami sa anumang pagtatangka na pilitin ng vice
05:46-presidente, ang respondent, na magbigay ng testimonya laban sa kanyang kalooban.
05:52And this is, the preservation of liberties does not depend on motives.
05:57And while the motives of men are often commendable, we must remember, however, that the preservation of our fundamental liberties
06:07does not depend on motives.
06:10A suppression of liberty has the same effect, whether the suppressor is a reformer or an outlaw.
06:20And the only protection against misguided zeal is constant alertness to infractions or the guarantees of liberty guaranteed in our
06:31Constitution.
06:32And each surrender of liberty to the demands of the moment makes easier another larger surrender.
06:40And the battle over the Bill of Rights is a never-ending one.
06:45Hindi ko po itong mga salita, ito po ay salita ng ating Korte Suprema.
06:50With that, I will end this brief manifestation.
06:55Thank you, Attorney Sheila.
06:56We shall await the formal motion to be filed by the panel of prosecutors.
07:00And you can make your formal comment.
07:02We can open it to our arguments if necessary before the Chair makes a ruling.
07:06But we do take note, Honorable Luistro, of the constitutional provisions,
07:11specifically Article 3, Section 17.
07:14So I hope when you make your motion that you will argue insofar as it's, if at all, non-applicability.
07:23But, Attorney Sheila, to recall also in the previous impeachment complaint that the Senate had,
07:28the respondent himself, then Chief Justice Corona, decided to appear.
07:32So although there may seem to be, without preempting the ruling of the Chair,
07:36there may seem to be a prohibition against opposing counsel, calling the respondent,
07:42nothing prevents the respondent from deciding through her counsel to also appear, should she wish to do so,
07:50basing it on Corona and what he did.
07:52We are aware of that, Your Honor.
07:54But I think the Corona event is different, at least at this point, Your Honor.
08:00Because in that case, I think the decision to testify was voluntary.
08:06It was?
08:07Yes, Your Honor.
08:08And so, at this point, since there has not been any formal motion or request for subpoena,
08:16then we will reserve and file our comment at the appropriate time.
08:22Now, Attorney, now, the Honorable Luistro...
08:34You
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