Senators argue over how to cross-examine Matobato
By Rosette Adel (philstar.com) |
Updated September 22, 2016 - 7:16pm
Former Filipino militiaman Edgar Matobato answers questions as he testifies before the Philippine Senate in Pasay, south of Manila, Philippines on Thursday Sept. 15, 2016. Matobato said that Philippine President Rodrigo Duterte, when he was still a city mayor, ordered him and other members of a squad to kill criminals and opponents in gangland-style assaults that left about 1,000 dead. AP/Aaron Favila
MANILA, Philippines – Some members of the Senate Committee on Justice and Human Rights on Thursday argued over how to cross-examine witness Edgar Matobato, considering his educational background.
On the fourth day of Senate hearings into the rising number of drug-related killings, Matobato, confessed hitman and alleged former member of the Davao Death Squad, once again faced the senators for further questioning. However, members of the panel found inconsistencies in his statements, including changes in names, places, assignments, orders and figures.
Sen. Leila De Lima, ousted as committee chairperson on Monday, asked the new panel chair, Sen. Richard “Dick” Gordon, to give Matobato consideration since he was only in school until Grade 1. She explained she had to interject every now and then because she was helping in testing Matobato's credibility.
De Lima clarified that the Senate inquiry should not use a cross-examination style of questioning as it is not a formal judicial proceeding. She said it is a fact-finding inquiry.
“I appeal to my colleagues to give him (Matobato) some consideration, ‘wag naman ho ‘yung parang ano [strict]…yes we are testing his credibility, pero ‘wag naman hong ganun. This is not a court of law,” De Lima said.
“Bigyan ng konting konsiderasyon i-explain po ng maigi. Huwag ho nagbabasa ng mga Ingles, huwag hong nagtatanong sa Ingles, ‘wag naman pong ganun, that's an appeal,” she said.
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Gordon recognized De Lima’s appeal for a more compassionate questioning but maintained the panel is conducting an investigation in aid of legislation and so it is fair to question any witness. He said De Lima should know the cross-examination method as she was also present during the impeachment case against Chief Justice Renato Corona at the Senate.
“When somebody comes in here and makes allegations, all his statements will be subject to trial by probity. We have to prove the witness is saying the truth... That is fair game. Do not come here and expect kindergarten treatment,” Gordon said, adding that all statements are recorded and may be used against any witness.
The senators’ argument started when Sen. Alan Peter Cayetano asked Matobato if he had ever executed an affidavit with any government agencies. The witness said he had not, but later retracted the statement when the National Bureau of Investigation said he did sign one in 2014.
De Lima interjected to clarify Matobato earlier admitted to having signed a joint-affidavit but was not given time to explain.
“We are not supposed to either of us lawyer for or against. The usual procedure is for the senator to wait for their turn then counter whatever they think the other senator did wrong rather than to stand up and question,” Cayetano argued saying De Lima will have her turn to explain or ask questions.
Sen. Manny Pacquiao also agreed with Gordon’s decision, saying a senator’s role is to question and investigate and not to protect or defend any witness.
Gordon lectured Matobato for inconsistencies in his testimony and asked him to think about the questions before answering. He said he will be guided by legal counsel.
“We have to cross-examine, interpellate, kailangan palabasin ang totoo. Otherwise, I will hold you in contempt,” Gordon said.
Pacquiao takes jab at De Lima: We're not here to protect witnesses Former Filipino militiaman Edgar Matobato answers questions as he testifies before the Philippine Senate in Pasay, south of Manila, Philippines on Thursday Sept. 15, 2016. Matobato said that Philippine President Rodrigo Duterte, when he was still a city mayor, ordered him and other members of a squad to kill criminals and opponents in gangland-style assaults that left about 1,000 dead. AP/Aaron Favila
MANILA, Philippines – Some members of the Senate Committee on Justice and Human Rights on Thursday argued over how to cross-examine witness Edgar Matobato, considering his educational background.
On the fourth day of Senate hearings into the rising number of drug-related killings, Matobato, confessed hitman and alleged former member of the Davao Death Squad, once again faced the senators for further questioning. However, members of the panel found inconsistencies in his statements, including changes in names, places, assignments, orders and figures.
Sen. Leila De Lima, ousted as committee chairperson on Monday, asked the new panel chair, Sen. Richard “Dick” Gordon, to give Matobato consideration since he was only in school until Grade 1. She explained she had to interject every now and then because she was helping in testing Matobato's credibility.
De Lima clarified that the Senate inquiry should not use a cross-examination style of questioning as it is not a formal judicial proceeding. She said it is a fact-finding inquiry.
“I appeal to my colleagues to give him (Matobato) some consideration, ‘wag naman ho ‘yung parang ano [strict]…yes we are testing his credibility, pero ‘wag naman hong ganun. This is not a court of law,” De Lima said.
“Bigyan ng konting konsiderasyon i-explain po ng maigi. Huwag ho nagbabasa ng mga Ingles, huwag hong nagtatanong sa Ingles, ‘wag naman pong ganun, that's an appeal,” she said.
Headlines ( Article MRec ), pagematch: 1, sectionmatch: 1
Gordon recognized De Lima’s appeal for a more compassionate questioning but maintained the panel is conducting an investigation in aid of legislation and so it is fair to question any witness. He said De Lima should know the cross-examination method as she was also present during the impeachment case against Chief Justice Renato Corona at the Senate.
“When somebody comes in here and makes allegations, all his statements will be subject to trial by probity. We have to prove the witness is saying the truth... That is fair game. Do not come here and expect kindergarten treatment,” Gordon said, adding that all statements are recorded and may be used against any witness.
The senators’ argument started when Sen. Alan Peter Cayetano asked Matobato if he had ever executed an affidavit with any government agencies. The witness said he had not, but later retracted the statement when the National Bureau of Investigation said he did sign one in 2014.
De Lima interjected to clarify Matobato earlier admitted to having signed a joint-affidavit but was not given time to explain.
“We are not supposed to either of us lawyer for or against. The usual procedure is for the senator to wait for their turn then counter whatever they think the other senator did wrong rather than to stand up and question,” Cayetano argued saying De Lima will have her turn to explain or ask questions.
Sen. Manny Pacquiao also agreed with Gordon’s decision, saying a senator’s role is to question and investigate and not to protect or defend any witness.
Gordon lectured Matobato for inconsistencies in his testimony and asked him to think about the questions before answering. He said he will be guided by legal counsel.
“We have to cross-examine, interpellate, kailangan palabasin ang totoo. Otherwise, I will hold you in contempt,” Gordon said.
Published September 23, 2016 12:08am
By KATHRINA CHARMAINE ALVAREZ, GMA News
World boxing icon and Senator Manny Pacquiao took a jab at Senator Leila de Lima for seemingly defending witness Edgar Matobato during the Senate inquiry on drug-related killings Thursday.
“What I understand, Mr. Chairman dito, ito ay inquiry sa isang witness para pakinggan natin yung statement ng witness. Hindi natin dedepensahan siya kung hindi i-examine kung nagsasabi siya ng totoo,” Pacquiao said, addressing Senator Richard Gordon, chair of the Senate justice committee.
“Tayong mga senador nagi-imbestiga, hindi magpo-proktekta sa witness. ‘Yun po ang rules natin dito,” Pacquiao added.
The neophyte senator butted in during the hearing after De Lima appealed to his colleagues not to “mislead” Matobato when they ask their questions.
“I go back to my appeal earlier, iwasan po natin misleading. Kapag naman po siguro meron siyang ine-explain, hayaan naman po siya para maka-explain,” De Lima said.
Matobato faced, for the second time, the Senate panel to testify on alleged killings he committed supposedly on President Rodrigo Duterte’s orders when Duterte was mayor of Davao City.
Matobato is a confessed hitman and member of the so-called Davao Death Squad.
It was De Lima who presented Matobato to the Senate body after he sent an emissary to the senator expressing his willingness to testify in the ongoing inquiry.
Days after Matobato was presented to the Senate panel, De Lima was voted out of her position as committee chair upon the motion of Pacquiao in a plenary session.
Gordon, meanwhile, also took offense on De Lima’s statements, refuting any attempt to mislead the witness.
“I would normally say I resent that remark.. but you’re a lady. I will always respect you as lady. There's no attempt on the part of this representation and I believe people seated on this desk here have any attempt to mislead," Gordon said.
"Please don't cast any aspersions, we're all lawyers here. I don't want to lecture any lawyer here and I don't want to be lectured either," he added. —KBK, GMA News
Pacquiao takes jab at De Lima: We're not here to protect witnesses
Published September 23, 2016 12:08am
By KATHRINA CHARMAINE ALVAREZ, GMA News
World boxing icon and Senator Manny Pacquiao took a jab at Senator Leila de Lima for seemingly defending witness Edgar Matobato during the Senate inquiry on drug-related killings Thursday.
“What I understand, Mr. Chairman dito, ito ay inquiry sa isang witness para pakinggan natin yung statement ng witness. Hindi natin dedepensahan siya kung hindi i-examine kung nagsasabi siya ng totoo,” Pacquiao said, addressing Senator Richard Gordon, chair of the Senate justice committee.
“Tayong mga senador nagi-imbestiga, hindi magpo-proktekta sa witness. ‘Yun po ang rules natin dito,” Pacquiao added.
The neophyte senator butted in during the hearing after De Lima appealed to his colleagues not to “mislead” Matobato when they ask their questions.
“I go back to my appeal earlier, iwasan po natin misleading. Kapag naman po siguro meron siyang ine-explain, hayaan naman po siya para maka-explain,” De Lima said.
Matobato faced, for the second time, the Senate panel to testify on alleged killings he committed supposedly on President Rodrigo Duterte’s orders when Duterte was mayor of Davao City.
Matobato is a confessed hitman and member of the so-called Davao Death Squad.
It was De Lima who presented Matobato to the Senate body after he sent an emissary to the senator expressing his willingness to testify in the ongoing inquiry.
Days after Matobato was presented to the Senate panel, De Lima was voted out of her position as committee chair upon the motion of Pacquiao in a plenary session.
Gordon, meanwhile, also took offense on De Lima’s statements, refuting any attempt to mislead the witness.
“I would normally say I resent that remark.. but you’re a lady. I will always respect you as lady. There's no attempt on the part of this representation and I believe people seated on this desk here have any attempt to mislead," Gordon said.
"Please don't cast any aspersions, we're all lawyers here. I don't want to lecture any lawyer here and I don't want to be lectured either," he added. —KBK, GMA News
- See more at: http://www.gmanetwork.com/news/story/582417/news/nation/pacquiao-takes-jab-at-de-lima-we-re-not-here-to-protect-witnesses#sthash.gzsJ6HUh.dpuf
By KATHRINA CHARMAINE ALVAREZ, GMA News
World boxing icon and Senator Manny Pacquiao took a jab at Senator Leila de Lima for seemingly defending witness Edgar Matobato during the Senate inquiry on drug-related killings Thursday.
“What I understand, Mr. Chairman dito, ito ay inquiry sa isang witness para pakinggan natin yung statement ng witness. Hindi natin dedepensahan siya kung hindi i-examine kung nagsasabi siya ng totoo,” Pacquiao said, addressing Senator Richard Gordon, chair of the Senate justice committee.
“Tayong mga senador nagi-imbestiga, hindi magpo-proktekta sa witness. ‘Yun po ang rules natin dito,” Pacquiao added.
The neophyte senator butted in during the hearing after De Lima appealed to his colleagues not to “mislead” Matobato when they ask their questions.
“I go back to my appeal earlier, iwasan po natin misleading. Kapag naman po siguro meron siyang ine-explain, hayaan naman po siya para maka-explain,” De Lima said.
Matobato faced, for the second time, the Senate panel to testify on alleged killings he committed supposedly on President Rodrigo Duterte’s orders when Duterte was mayor of Davao City.
Matobato is a confessed hitman and member of the so-called Davao Death Squad.
It was De Lima who presented Matobato to the Senate body after he sent an emissary to the senator expressing his willingness to testify in the ongoing inquiry.
Days after Matobato was presented to the Senate panel, De Lima was voted out of her position as committee chair upon the motion of Pacquiao in a plenary session.
Gordon, meanwhile, also took offense on De Lima’s statements, refuting any attempt to mislead the witness.
“I would normally say I resent that remark.. but you’re a lady. I will always respect you as lady. There's no attempt on the part of this representation and I believe people seated on this desk here have any attempt to mislead," Gordon said.
"Please don't cast any aspersions, we're all lawyers here. I don't want to lecture any lawyer here and I don't want to be lectured either," he added. —KBK, GMA News
- See more at: http://www.gmanetwork.com/news/story/582417/news/nation/pacquiao-takes-jab-at-de-lima-we-re-not-here-to-protect-witnesses#sthash.gzsJ6HUh.dpuf
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