Sison questions whether Luistro is seeking VP Duterte's arraignment — ANC

[0:00] Fifteen minutes. [0:01] Your Honor, before I proceed, the prosecution respectfully moves for the reading of the four articles of impeachment [0:11] and the entry of the corresponding answer or plea for each article of impeachment, Your Honor. [0:19] Your Honor, this is consistent to the Senate rules on impeachment, particularly Rule 7, Your Honor, [0:26] the last paragraph of which mentions about failure to appear, failure of the lawyer to appear, and failure to file answer. [0:38] There should be an entry of plea of not guilty. [0:42] Likewise, Your Honor, under Rule 9 of the Senate rule of impeachment, [0:47] which says that the person impeached shall then be called to appear and answer the articles of impeachment against him or her. [0:56] In this rule, Your Honor, it was likewise provided that the name of the person appearing in behalf of the respondent should be entered into the record. [1:10] And by the answer, Your Honor, it is humbly believed that it pertains to the particular plea of whether guilty or not guilty of the respondent, Your Honor. [1:20] Likewise, Your Honor, under Rule 22, 21, Your Honor, [1:25] the trial of all the articles of impeachment shall be completed before the senators vote on the final question of whether or not the impeachment is sustained. [1:38] It is gleaned from this rules, Your Honor, that the senators will be voting on a per-article basis, Your Honor. [1:46] And that is why it is the humble submission of the prosecution that there should be reading of the article [1:52] and entry of the particular plea per article, Your Honor. [1:58] This, likewise, Your Honor, manifests our complete adherence to the mandate of the Constitution. [2:03] Sa pagbasa po ng mga artikulo ng impeachment at pagpapasok ng sagot ng respondent, [2:11] may ipakita po natin sa sambayanang Pilipino ang ating pagsunod sa mandato ng Constitution. [2:18] Likewise, Your Honor, it upholds due process, not only of the respondent, but also of the Filipino people. [2:24] Sa pagbasa po ng mga artikulo ng impeachment, she will be informed of the nature of the accusation against her [2:32] bago pa po siya sumagot whether she is guilty or not guilty, Your Honor. [2:38] Likewise, Your Honor, ang apat na artikulo po ng impeachment ay nakabase sa iba't ibang aligasyon ng facts [2:45] at iba't ibang nature of accusation or cause of action, Your Honor. [2:49] And with that, Your Honor, it is perceived that there is a possibility that the plea of the respondent [2:56] to each and every article will be different from one another, Your Honor. [3:01] And lastly, Your Honor, this is consistent with the Senate rules on impeachment [3:05] because the Senator Judges, the Honorable Senator Judges, Your Honor, [3:10] will be voting on a per-article basis after the conclusion of the trial of this impeachment case, Your Honor. [3:18] The Chair will respond, unless the counsel for respondent would like to say something about the motion [3:26] of the distinguished lead prosecutor. [3:28] Yes, Your Honor, may I comment? [3:30] The lead may proceed. [3:31] Before the presiding officer can rule on the motion or request of the lead prosecutor. [3:40] But before I give my comment, may I just clarify if the lead prosecutor is now making a motion [3:47] to arraign the respondent accused. [3:49] Your Honor, whether this is arraignment or otherwise, [3:55] the motion of the prosecution is very much consistent with the Senate rules on impeachment. [4:00] I think the question, Your Honor, is very simple. [4:02] As I have mentioned, Your Honor, is the lead prosecutor requesting for the respondent accused [4:12] to be arraigned, Your Honor. [4:13] Counsel for respondent, kindly make your comments and avoid asking questions from the counsel for the prosecutor. [4:21] We will recognize the counsel for respondent for her comments on the motion and the manifestations made [4:26] by the lead prosecutor for the House. [4:29] You may proceed, Ma'am. [4:30] Thank you, Your Honor. [4:31] I believe I have a standing question to the lead prosecutor, and I would like to ask her for the legal basis [4:39] for requiring the respondent to be arraigned today. [4:43] Because, Your Honor, I note that in her request earlier and manifestations given for the respondent to be arraigned today, [4:55] she cited Rule 7, Rule 9, and Rule 21. [5:04] However, in Rule 7, it very clearly states that if the person impeached after service [5:11] shall fail to appear either in person or by counsel on the day so fixed or appearing shall fail to file his answer [5:21] to such articles of impeachment, the trial shall proceed nevertheless as upon a plea of not guilty. [5:28] Well, this rule is clear. [5:30] It does not talk about any arraignment. [5:32] And if we take a look at this sentence, everything here has been satisfied. [5:37] The respondent accused is here, has attended, through counsel. [5:42] She may not be in person, but the notice given to the defense is that she may appear through counsel. [5:48] Second thing is that the respondent accused was also able to file her answer. [5:55] And so Rule 7 does not support the request of the lead prosecutor that the respondent accused be arraigned today. [6:02] Now, on the matter of Article 9, counsel also say that the person impeached shall then be called to appear [6:12] and answer the articles of impeachment against him or her. [6:16] And if he or she appears or any person for him or her, the appearance shall be recorded, [6:21] stating particularly if by himself or by agent or counsel naming the person appearing in the capacity [6:28] in which or she he appears. [6:30] If he or she does not appear, either personally or by agent or counsel, the same shall be recorded. [6:37] And for all intents and purposes, respondent is present today through counsel. [6:43] There is also nothing in Rule 9 that requires the reading of a 23-page articles of impeachment, [6:53] which will be a waste of judicial time. [6:56] Finally, under Rule 21, Your Honor, may I just correct the manifestation earlier by counsel, [7:09] because it would seem to me, unless a reading of the transcript would say that I'm mistaken, [7:17] but I seem to have heard the lead prosecutor claim that the voting on the articles of impeachment [7:23] will be per article. [7:25] Well, that's true, but the first sentence of Rule 21 says, [7:30] the trial of all the articles of impeachment shall first be completed [7:34] before the senators vote on the final question on whether or not the impeachment is sustained. [7:42] Now, honestly, I do not see how Rule 21 is related to the motion now being requested [7:48] or propounded by the lead prosecutor. [7:50] And at any rate, Your Honor, given that the respondent is represented by her counsel today [7:59] and this is consistent, her appearance is consistent with the notice given [8:06] and in accordance with the rules of procedure of this court, [8:12] then we can enter her plea on her behalf. [8:17] The arguments of the parties are truly noted. [8:20] The chair will now make its ruling. [8:22] The articles of impeachment were deemed read and spread into the records [8:26] when it was referred by the Senate to the Committee on Justice for the proper issuance of summons. [8:30] And a plea of not guilty will only be entered in accordance with our rules [8:35] in behalf of the Vice President if she does not file an answer. [8:40] But in this case, she has filed an answer and in fact has appeared through counsel. [8:47] Insofar as the reading of the articles of impeachment is concerned, [8:49] it will be done at the final resolution of this case [8:54] when it is put to a vote by the senator judges where each article of impeachment will be read [9:00] before a vote shall be taken thereon. [9:04] For those reasons, the motion is denied. [9:06] And the lead prosecutor, Representative Luis Straub, may proceed with her opening statement. [9:12] Kindly be mindful of the clock. [9:14] And before recognizing you, ma'am, may I remind the counsels for the parties [9:18] to kindly address the chair with respect to anything and everything they want or wish to say before the court [9:24] and not to address each other. [9:27] The lady may proceed. [9:28] Representative Luis Straub, you are recognized and you have 15 minutes for your opening remarks. [9:32] We thank the court, Your Honor. [9:39] Mr. Presiding Officer, the Honorable Chief Escudero, [9:43] the Honorable Senate President, Honorable Wynne Gachalian, [9:51] sa atin pong mga kagalanggalang na senator judges, [9:54] mga minamahal na kababayan, sa loob ng bulwagan o sa labasman, [10:05] mga nakatutok sa telebisyon, sa cellphone o sa radyo, [10:10] sa ang sulokman ng mundo, kayo naruroon. [10:16] Maraming Pilipino ang nagtatanong ngayon, [10:21] bakit mahalaga ang paglilitis na ito? [10:25] Ano ang kaugnayan nito sa buhay ng ordinaryong Pilipino? [10:32] Lubos po naming nauunawaan ang mga tanong na yan [10:36] Sa katunayan, may isang driver na nagtatanong [10:41] paano sasapat ang kita sa pasada upang mapakain niya ang kanyang pamilya. [10:50] May isang OFW na nagtatanong [10:52] hanggang kailan kailangan lumayo upang mapaaral niya ang kanyang mga anak. [10:59] May isang guro na nagtatanong [11:02] kailan why hasang?