Press Release
May 21, 2009

Transcript of Senator Edgardo J. Angara's statement
 at the Senate Committee of the Whole hearing

"Mr. President, as we said at the beginning of this committee of the whole hearing, we are engaged in a two-staged proceedings. And this is the first stage, the preliminary hearing. And in this stage, the only question certain to us is that is there - based on the evidence, reasonable evidence that there is a crime or a violation committed - in other words, kumbaga sa vista - may prima facie case. But we just want to make clear that this is not yet a determination of guilt."

"This is just a preliminary finding, because the next stage is what becomes here adjudicatory hearings. In plain language, that's the trial. Then during the trial, then the counsels can come in either for complainant or for the respondent, because then, it is now a trial that goes into the innocence or guilt of the one in charge."

"And just to continue - and while there is no definitive judgment or determination of guilt or innocence at this point or guilt, canvassing the whole record, we have found that there is what the rules provide substantial evidence is credible that can induce reasonable belief, a violation may have been committed."

"Now, in this determination, the rules also require us to have a graduated judgment or determination. It says, Sec. 10 provides that the committee may take any of the following determination. Again, those are preliminary judgment and as I read it, there are five ends in this determination. One, that the committee finds that there is no substantial evidence. Second, is the committee may determine there is a violation but it is a what lawyers called "minimal" can be ignored and the third one is that, the committee may find that while there is a violation, but it's not of sufficient seriousness, not serious enough, they just provide disciplinary action."

"And the fourth, I think, this is what will confront us, is that, there is a finding that there is substantial, credible evidence which may be sufficiently serious or may not be serious, but nonetheless must be investigated without delay. This is what we have now seen."

"And finally, Mr. President, the resolved question always in any proceeding, that the committee finds the alleged or charged violation falls within the jurisdiction of the committee."

"So, I thought, I will put that on record, Mr. President, so that even those who may not be here this proceeding will know what we are doing and what is our obligation under our rules."

Thank you, Mr. President.

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