00:00Justice Puno, I took note nga na sinabi nyo na two justiciable instances would be when a senator judge is
00:10unjustifiably denied their right to sit in court.
00:15And then the other one is if the respondent is denied a fair trial and therefore no due process.
00:23So yung unjustifiably denied the right, I think that was also taken up by Justice Ascuna by saying that there's
00:33a balance that can be sought to allow the other colleagues.
00:36Kasi at the end of the day, baka nga ho ma-question at uulit po tayo.
00:40Yun ho yata yung parehong sinasabi nyo if I understand correctly na nobody wants this to go on and on.
00:47But the other reason why I think my timing is best that I ask now was because the question was
00:56asked,
00:57is there pressure on senator judges that would basically have the effect of this threshold mechanism that is being changed?
01:10Eh maapektuhan yun.
01:12And I'll go, justices here, sabi ni Justice Panganiban, it's based on your observations.
01:18Kung ano yung nakita nyo, naramdaman nyo.
01:21So ito po yung sitwasyon.
01:23At least I can only speak for what I observed.
01:26We have two senators in jail.
01:28If the one senator would be allowed to come here,
01:31I know Senator Estrada would like to speak on how he felt pressured.
01:37Another senator is in hiding because he was threatened na maglalabas ng ICC warant.
01:42Pero pagkakaalam ko, hindi pa niya nakita yung ICC warant.
01:46And then a fourth senator is on medical leave,
01:50but she also was told na mafafilan siya ng plunder cases.
01:54Then I speak for myself.
01:56I went to Singapore to support a national team.
02:01And then I have to hear NBI director making statements
02:07that make it appear that I'm a common fugitive.
02:10Na na-monitor niya kung nasan ako.
02:15At meron siyang information kung ano araw ako babalik.
02:19Am I a fugitive?
02:21Bakit may ganito?
02:23So, I will tell you all now.
02:25Am I pressured?
02:27I am.
02:29I am.
02:34I fear for my liberty.
02:46Even in the Senate,
02:48we have a colleague na walang katapusan.
02:51Tantanan kami.
02:55I fear for my right to speak.
03:01So, what will happen now?
03:04Do I excuse myself?
03:07Pero kung hindi gagalawin yung number na yan,
03:11eh di nakakapagsalita tayo dito nang maayos.
03:14Yun lang naman po.
03:16I think that's all I have to say.
03:17I have many notes, but that's all I have to say.
03:25Justice Puno Muna.
03:26Tama naman ho yung aking summary nung inyong justiciable instances.
03:32Kasi we will use that seriously if necessary.
03:36Yung sinabi ko po.
03:37Tama ho yung summary ko nung sinabi nyo na,
03:39if a senator judge is unjustly denied their right to participate.
03:44And the second is if the respondent is denied due process
03:47because of an impartial tribunal.
03:51Did I accurately cover that?
03:53Yes, Your Honor, that perfectly summarizes my short thesis.
04:02And I'm saying that those two examples are not political questions.
04:10They are justiciable questions.
04:14They involve violation of specific rights of a respondent.
04:21And therefore, there are standards that can be used by the court
04:26to decide the case and the appropriate remedy.
04:34Thank you so much, Chief Justice.
04:38Kay Justice Ascuna naman po,
04:42meron ho tayong Supreme Court case,
04:46People v. Gray, na sinabi ng korte
04:49that the court recognizes that in certain cases,
04:52political persecution or political motives may have impelled
04:55the filing of criminal charges against certain political rivals.
04:59Pag nangyari ho ito, hindi naman pinagbabawal
05:02na pag talaga naman ho may kaso,
05:04talaga naman dapat makasuhan.
05:06Pero kung meron ho nakikitang scenario,
05:11meron ho nakikitang build-up na isa-isang
05:13for some reason hindi maka-attend,
05:15whether nga nasa kulungan,
05:17whether kailangan magtago,
05:22or tinatakot na magkakakaso,
05:24or like in my case,
05:25that I genuinely don't even know what to do
05:30because left and right,
05:32napafailan ang mga kasama ko.
05:36As we speak, dear colleagues,
05:38yung kasama ko na kasamahan namin sa Senate,
05:42staff namin,
05:43Southeast Asian Games,
05:47isa ho sa tumulong sa Southeast Asian Games,
05:49ayan, nasupina na.
05:51Dahil ba staff siya ni Alan?
05:53Para saan?
05:54Walang ginawa kundi hanapin yung
05:56poll ni E.J. Obiena
05:57na kailangan pang makiusap sa customs,
06:02na yung poll na yan,
06:02makarating in time for the games,
06:04siguraduhin na maayos
06:05ang ating state of the art
06:08na now e kinukopia sa lahat
06:09ng mga international events.
06:12Nagkaroon na ng asthma for life
06:14because nakababa dun sa construction
06:15para maayos on time
06:18itong Southeast Asian Games.
06:19Si Monica Mitra po,
06:21ayun, nakasuhan na.
06:23So, hindi pa ba ho pressure yun?
06:26Justice Ascuna?
06:32I think it's not for me to judge
06:35the circumstances
06:39of that particular case.
06:41I can only reiterate
06:44the premise of my submission
06:46that the reason for the threshold
06:52is to protect the Senate
06:56from artificial and partisan moves
07:04to prevent the justice from being done.
07:10So, I think perhaps
07:14we can apply the four-way test
07:18of the Rotary to your problem.
07:21Is it the truth?
07:24Is it fair?
07:26Is it beneficial to all concerned?
07:29Will it promote friendship
07:31and goodwill?
07:33I always use that
07:36tests
07:37in problematic situations.
07:39So, I think
07:41it will be a good place
07:42to apply it to your case.
07:46Alam ko po yun
07:46dahil Rotaryan din ang dadi ko.
07:48I withdraw my question.
07:49I did not mean
07:50to ask it that way.
07:52It was, you know,
07:53I'm very emotional
07:54about this issue.
07:55The question I meant to ask
07:56is exactly how you answered it.
07:58is this precisely why
08:00it is your opinion
08:01that that threshold
08:02should not be changed?
08:05Pero nasagot nyo naman po,
08:06but if you want to add,
08:07I leave it at will.
08:08Thank you very much.
08:08Beside nyo naman po.
08:15Thank you very much.
08:16Thank you very much.
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