Ian Alfredo Magno
SEN. Antonio Trillanes fired an empty cartridge.
The Senate Blue Ribbon Committee’s subpoena, requiring presidential son Paolo “Pulong” Duterte and the latter’s brother-in-law Manases “Mans” Carpio to attend the Senate’s hearing two days ago, involving the P6.4 billion worth of smuggled shabu, sparked off what seemed to be the ultimate face-off of the year, by far. Prior to this, it felt like waiting for a Pacquiao mega-super-fight way back in the past. As the days closed in, everybody knew the unfolding of the truth – as Trillanes so accused – was just a matter of time.
Admittedly I, too, was keen about what evidence Trillanes had to illustrate. I could recall the honorable senator comment very confidently about the evidence he was then about to present versus Paolo and Mans, saying “…prepared ako sa scenario na magsasalita o hindi, basta’t I’d be presenting evidence, information that would directly link them (Paolo and Mans) dito sa mga anomalies sa Customs.”
Previously, he likewise surmised in a recorded ambush interview, to wit, “Ako ay naniniwala na pagkatapos nitong hearing na ito ay maliwanag sa mga kababayan natin na involved si Paolo Duterte at si Mans Carpio hindi lang dito sa smuggling operations dito sa Bureau of Customs, kung hindi dito sa pagpasok ng P6.4-billion [shabu].”
It later turned out that there was not much to digest, actually. Trillanes fired a water toy gun.
Nevertheless, the face-off was not wasted after all. Filaments of truth were indeed unraveled, somehow, thus: that the accusing senator did not present as he obviously did not have any witnesses; that he was merely taunting Paolo and Mans to sign a waiver of bank secrecy; that it looked more like a fishing expedition instead of an exposé; that Trillanes’ harassment versus the presidential son and son-in-law was apparent; that it, in fact, led to Sen. Richard Gordon admonishing Sen. Trillanes once again for such untowardly conduct; that Trillanes swerved the attention of the committee from the real issue, which was the P6.4 billion worth of shabu apparently shipped from China; that to such an extent, Trillanes’ empty card categorically wasted the Senate Blue Ribbon Committee’s time; that, as the controversial Taguba expressed, the so-called “Davao Group” was a mere tsismis lang; that with it, it appeared more like a desperate move on Trillanes’ part to discredit Duterte’s flagship war on drugs.
Meanwhile, Paolo and Man’s invocation of their right against self-incrimination does not categorically mean that the two witnesses are hiding something. Such privilege is, in fact, available under Section 19 of Senate Resolution no. 5 as amended by Senate Resolution nos. 9 and 145, otherwise known as the Rules of Procedure Governing Inquiries in Aid of Legislation:
“Sec. 19. Privilege Against Self-Incrimination. A witness can invoke his right against self-incrimination only when a question, which tends to elicit an answer that will incriminate him is propounded to him. However, he may offer to answer any question in an executive session.”
It should be noted that, in general, one’s culpability must be established on the strength of the accuser’s evidence and not upon the weakness of the defense, so to speak. Verily, it was just a clever tactic on the part of Paolo and Man’s camp to invoke the privilege, which is legally available to them under the rules.
Actually, if Sen. Trillanes really wanted to challenge the invocation of the privilege, he could still have compelled the latter two witnesses to answer – by making a motion before the committee to decide, by majority vote, on the propriety of Paolo and Man’s invocation of the privilege against self-incrimination. If he got the required votes, Sen. Trillanes could then have moved to cite the two witnesses in contempt if they still refused to answer the questions. However, Sen. Trillanes did not do so. It was either because he was less informed about the nuances of the rules, or he himself knew that it was notoriously obvious among the senators that the accusation was nothing more than a fishing expedition.
Meanwhile, you want to discuss about the tattoo? No way!
(Lawyer Ian Alfredo T. Magno is based in Cagayan de Oro. E-mail: ianalfredom@gmail.com)
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