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'WE STOP, WE DO NOT BEND THE LAW, AND WE PROTECT THE CONSTITUTION'

Senator-judge Alan Peter Cayetano stressed the need to uphold the Constitution and the law during the impeachment trial of Vice President Sara Duterte.

Cayetano recalled his experience in previous impeachment proceedings, saying there had always been a need to “stop and not bend the law” and protect the Constitution, adding that it is more important than holding one person accountable. (Video courtesy of Senate of the Philippines)

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Transcript
00:00This is an impeachment trial, and what is very important here is we follow the Constitution,
00:06we follow the rules of the impeachment court, and fairness.
00:11Having said that, because this is a political process as much as a legal process,
00:18we want the public to know as much as possible.
00:21We want to hold the impeachable officers accountable.
00:25So there are values here.
00:27The value of the right to know, what are the finances of the Vice President,
00:33did she launder money, did she steal money, did she not declare it right, etc.
00:42But this is not the wild, wild west.
00:45Just because we're curious or just because we want to hold someone accountable,
00:50that doesn't mean that we will not follow the rules.
00:54So this is the point where I asked the presiding officer about threading carefully upon sacred laws.
01:07For example, in the corona impeachment, it was against the Chief Justice,
01:14and we presumed he had the support of the Supreme Court.
01:18Yet when the Supreme Court ruled that we will not look into the dollar accounts
01:22because it is strictly confidential, we did not.
01:25But the Executive Director did not even pause when it came to dollar transactions
01:32and didn't even ask if the impeachment court would allow it.
01:38There is a provision in the anti-maid laundering law that we cannot use this law against political persecution.
01:47So where is the line?
01:49Where is the line between transparency, accountability, and when is there a strict interpretation of the law?
01:56So baseline, okay, when we had the corona trial, we did not have Duterte versus H.O.R. yet.
02:09So when we needed to know the baseline, we allowed documents, if I'm not mistaken, Mr. Presiding Officer, 10 years?
02:18Corona impeachment, 10 years?
02:20If I'm not mistaken, yes, 10 years.
02:2110 years, okay.
02:2310 years.
02:26Now, when we discussed this, we also allowed baseline, precisely just to know when it was open, magkano yan, etc.
02:34But there was no legal arguments or there was no strict interpretation by this court yet
02:41whether all these financial reports can be looked into prior to when she was vice president,
02:49given the ruling of the Duterte versus H.O.R.
02:53So as to the job of the prosecutors to convince not only this court but the Filipino people that the
03:00vice president is unfit,
03:02I see that point.
03:04Mahirap na trabaho yan.
03:07Senator Migs, myself, Senator Escudero, were in many impeachment proceedings.
03:14Estrada, Corona, Arroyo.
03:21I wasn't in the Davide.
03:23I wasn't a participant there.
03:25But there was always a common denominator that we stop and we do not bend the law and we protect
03:35the Constitution and the law.
03:37Why?
03:37Because that is more important than holding one person accountable.
03:43But in this case, it's very clear from the very articulate lady prosecutor that anyway, they have the documents and
03:51they have the numbers in the present.
03:55So why should we argue about those numbers that were before that?
03:59I mean, it's up to the executive director if he wants to risk his career and his liberty and he
04:05wants to do a press con or they want to reveal it outside this impeachment court, okay.
04:11But you do it inside the impeachment court with all of us here when there is a ruling that prior
04:17to your term,
04:18the impeachment has to be in regard to your term and also in connection with your duties.
04:26That's the prevailing Supreme Court decision.
04:30If we do not agree with that, we challenge that decision.
04:33We don't just say here that that decision does not apply because it's quite clear.
04:39How many times do we have to violate the Constitution in this court when it's very, very clear?
04:45And what's surprising for me is that it seems that you have, I'm not looking or judging yet at the
04:53quality of your evidence,
04:55but it seems that you have so much.
04:57So can we not, Mr. Presiding Officer, focus on those elements or the amount and quality of evidence that the
05:08prosecution have,
05:09that there's no question, then argue later, para hindi rin tayo ma-interrupt o mabitin dito.
05:16Kasi kung hindi, ang daming law student nagtatanong na sa akin,
05:20Sir, but ganun, panay na lang continuing objection, but we can do anything in this impeachment court.
05:27So what happens when the COA finds something really, really bad, let's say, against a president or against senators or
05:36against congressmen,
05:39tapos in-impeach nila, they can just dig up and look at anything,
05:44then let's change our laws and change our rules na lang, para hindi, we're not violating the law.
05:50So the judges have to be able to render the judgment out of fairness based on law.
05:56So if we're not arguing on the facts now, Mr. President, we're not arguing on the evidence,
06:01we're arguing on the application of the law, kung anong pwede at anong bawal.
06:06So yun ang akin two cents, that one, can we tread carefully?
06:10Two, pagkaklaro naman na pwede at marami naman, can't we focus on that?
06:15And then to the witness, you're not an ordinary witness.
06:20And then to the witness, you're not going to report them on the outside,
06:26and finally there's theFi.
06:27We can put the
06:27one which means not to be able to put in-impeach nila, we've covered them or die again.
06:29You

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