Defense welcomes Enrile’s ruling on De Lima’s testimony as hearsay

MANILA, Philippines—The defense panel welcomes Senate President Juan Ponce Enrile’s decision to allow Justice Secretary Leila de Lima’s testimony to remain on record but to dismiss it as hearsay on the issue of its truthfulness or falsity, the team’s spokesperson lawyer Tranquil Salvador III said on Thursday.

He said the Senate, acting as an impeachment court, showed respect to De Lima’s position as justice secretary by hearing her testimony when the Supreme Court’s decision could have just been read by the senator-judges.

De Lima’s testimony cannot prove that the chief magistrate was responsible for the issuance of the TRO as she was not present when the justices deliberated and voted on it, said another spokesperson for the defense panel, lawyer Karen Jimeno.

She said that no other branch of government could determine the falsity or truthfulness of De Lima’s testimony as the Supreme Court was the branch that had jurisdiction over matters of the law.

Defense lawyer Rico Paolo Quicho explained the prosecution has yet to present evidence proving that Chief Justice Renato Corona indeed exercised influence on other justices when the high tribunal granted a temporary restraining order on the travel restrictions on former President Gloria Macapagal-Arroyo since De Lima had no personal knowledge on how the decision was reached.

Salvador said that dissenting opinions were allowed as they prove that the justices can decide on their own and may air their sides in a separate opinion. He however said that the decision, made as a whole by the court, could not be influenced by those.

Reacting to questions on whether Associate Justice Lourdes Sereno could take the witness stand to shed light on De Lima’s testimony, Salvador said the high tribunal has earlier issued a decision stating that its justices and workers could not be compelled to testify at the impeachment trial due to separation of powers and since the branch was co-equal to the Senate.

Should Sereno volunteer to testify, Salvador said the defense panel or Sereno herself could invoke judicial privilege if the questions being thrown her way delve into confidential matters being discussed by the high tribunal.