Transcript of interview wiht Senate President Juan Ponce Enrile

Q : (SP's speech after the Committee of the Whole hearing)

SP : Well, we have conducted the preliminary inquiry in accordance with the Rules and I was saddened by the fact that the Minority members opted not to participate. But the Chair recognizes that that is their prerogative and that is the prerogative of the respondent if he wants to participate in this proceeding. These are preliminary matters, internal to the committee. We opted to make the discussions public in order to tell the people that there is nothing hidden or there is no effort to hide anything here. Everything is transparent, then before the judging public and we have discussed the extent and nature of the evidence supporting the complaint. A report will be made by the Chair for submission to the Committee on Monday or on Saturday. Not later than Saturday and that report will be a part of the matters to be taken up in the proceedings on Monday. So that is what has happened.

Q : Sir, how would you react on the walk out?

SP : As I said it's unfortunate that the members of the Minority walked out or left the proceedings and opted not to participate anymore after we indicated that we have already sufficiently discussed the rules and that the rules are adequate, sufficient enough to protect the rights, substantial rights of the respondent to defend himself. So, we respect their decision but that is their responsibility whether they want to participate or not in this proceedings. The respondent was also given, was also notified about this preliminary inquiry. He was invited to participate if he wanted to participate either personally or through his representative. But evidently, in spite of the received of the notice, they opted not to participate in the preliminary inquiry.

Q : Sir, Senator Pimentel said na parang authoritarian rule yung nangyari?

S : Well, that is his impression. But I think the public and all of you can judge whether it is authoritarian. We have given them all the chances to speak but I know that they were conducting a dilatory tactics in this proceedings. I stand by that statement. I know when dilatory tactics is done by a lawyer.

Q : So Sir, kung hindi sasagot si Senator Manny Villar, parang magiging one sided na lang?

SP : Yes. Well the proceeding will go through. If he will not present his evidence, we will decide this case according to the evidence presented to the Committee. They can take us to the Supreme Court and we are ready and willing and able to argue our case before the high tribunal of this land. They can take us to the International Court of Justice if they want.

Q : So side na lang ng complainant yung maririnig sa Committee of the Whole?

SP : Well, we are open at anytime for the respondent to come here under the Constitution, under the Rules of Procedure in criminal proceedings. Under the Rules of Procedure in this hearing all that is required is to give the respondent first the opportunity to be heard. He must be notified, he was notified. He must be given the opportunity to be heard either by himself or through counsel. He can get the best lawyers, all the lawyers in the country to appear here to defend himself and we will welcome that.

Q : Sir, on Monday?

SP : Evidently, I would like to say this and I want to be on record on this. The impression of this Chair is that the strategy of the minority is to prevent the hearing of this case to go through. And this Chair, as a Chair of this Committee would not allow such a maneuver to succeed.

Q : Sir why do you think they are preventing?

SP : For the obvious reason perhaps, that they felt that the charges are grave enough for the people to know.

Q : Sir, sa Monday, bali ano po yung i-aannouce kung magtutuloy sa trial?

SP : Antayin na lang natin sa Monday. Because I do not know yet the contents of the report that will be presented, that will be prepared to and submitted to the Committee through the Chair on Saturday.

Q : Sir, but if the Committee finds that the evidence is substantial...?

SP : This is if. Then we will proceed with the next step. Preliminary Conference. That's another opportunity given to the respondent to defend himself.

Q : And if they refuse to?

SP : Then we will set the case for hearing. Public hearing.

Q : Will the hearings be open?

SP : Yeah, public hearing. We do not want to hide anything here. I do not want the people to think that we are going to cover up for anybody.

Q : Sir, so twice a week din po?

SP : Yes.

Q : Sir, is it possible na matapos din ito before mag-adjourn sine die ang Congress?

SP : Well, it all depends upon the extent of the evidence to be presented and the willingness of the respondent to participate. Because we will give them all the time to defend himself.

Q : Sir, ano pong difference ng preliminary inquiry today sa preliminary conference?

SP : Dun sa preliminary conference, pag-uusapan nila kung ano yung mga hindi na kailangan bibigyan ng ebidensya pa na facts na maaari nilang tanggapin. Halimbawa, na si Senator Villar ay Senador, hindi na dapat pang lalagyan pa ng proof yun, na siya ay nahalal na Senador nitong ganitong panahon. Because that is a public knowledge.

Q : Sir with the regards of the position of the Minority, that they are requesting na ma-publish yung rules. Senator Pimentel likened this to a merit Sir?

SP : Well, he can, they can go to the Supreme Court then question it. Those are all defenses that they can raise up to attack the result of the proceedings of this Committee. And I'm not averse to being hailed to court.

Q : Sir but you don't think that this would end up just like in Neri's case? Wherein the court favored Neri?

SP : I don't think so. I am sure of my rulings. I'm very sure of my rulings.

Q : So confident kayong hindi mag-tetechnical?

SP : Hindi.

Q : Sir, considered ba na na-waive yung rights ng Minority?

SP : And I think even the Minority, those lawyers in the Minority know that the rulings of the Chair were correct rulings. They studied the rules of evidence just like I did, and the Rules of Court.

Q : Sir, considered po na na-waive yung rights ng Minority na wala silang participation dito ngayon saka sa mga future hearings?

SP : No, the waiver is a right of the one waiving. And when they said we do not want to participate, it's up to them. For as long as we have the quorum, we can continue that's why in the case of the Ethics Committee. I told them the Committee as organized by the Majority, has already a Majority member it can function. Nor the Minority cannot emasculate the Senate.

Q : Sir, yung preliminary conference parang stipulation of facts yun sa court?

SP : Oo, parang it's a stipulation of facts or a parang pre-trial conference yun sa husgado.

Q : But with the Minority, with Senator Villar's top objective is not to participate, is there still a need to stipulate these facts?

SP : No more, then the Chair will set the case for hearing if they will not participate in the preliminary hearing. I will just comply with the Rules that a preliminary conference report must be submitted.

Q : Sir, clarify so on Monday parang there will be a vote kung whether the evidence are substantial and credible and then kung whether mag- poproceed to preliminary conference?

SP : We will evaluate the report and then we will approve it or disapprove it.