MANILA, Philippines—Officials of the Philippine Center for Investigative Journalism (PCIJ) have turned down a request by the defense team to testify before the Senate, sitting as an impeachment court.
In an eight-page opposition filed Wednesday, the PCIJ through its lawyers, asked the Senate to deny the request, saying it was “unreasonable” and “oppressive.”
“Because (1) it attempts to make the oppositors the private investigators of a party; (2) essentially treats the PCIJ as the official custodian of SALNs and(3) requires oppositors to bring to the honorable court a very large volume of materials, the bulk of which are irrelevant because they can’t be authenticated,” said the PCIJ.
SALNs stands for statement of assets , liabilities and net worth (SALN) while the oppositors being referred to were the three PCIJ executives—Malou Mangahas, Karol-Anne Ilagan and Ed Lingao.
The defense team had sought the testimonies of the PCIJ executives and pertinent documents pertaining to the SALNs of some government officials, including that of President Benigno Aquino III, mentioned in several of its published stories.
But the PCIJ said the SALNs used in the articles are also available to every citizen and the respondent, the Chief Justice, could go directly to the official custodians of documents to “make a request, pay the appropriate fees and after securing the SALNs, do research and analysis.”
“The respondent, or any other party for that matter, should not be allowed to free ride on the efforts, work and journalistic portfolio of the PCIJ and in so doing, make it that party’s private investigator, specially when such can be avoided through a little foresight and some hard work,” said the PCIJ.
Besides, the PCIJ said, the defense team was asking the executives to bring with them around 1,500 SALNs and related documents covering a span of 14 years
“And even if brought, the SALNs would be of doubtful relevance since they are not original or certified true copies,” it said.
“The PCIJ, through the oppositors, can’t authenticate them since, as has been said, the PCIJ is not the official custodians of SALNs. For these reasons, the request is unreasonable under Section 4, Rule 21 of the Rules of Court.”
The PCIJ said Corona could not also use the “Everybody Does It” defense by comparing his SALNs to other government officials apparently to prove that omissions and inaccuracies were “rampant” among those in government.
“The fact that there may have been others who benefitted from their improper conduct would do nothing to excuse the respondent. Thus, any evidence to establish such as defense would be relevant and therefore, inadmissible…”
The investigative media group also invoked the “balancing of interests” between those of the respondent, the press, the PCIJ, and the oppositors.
It pointed out the Senate’s refusal to issue subpoenas to members of the Supreme Court and members of Congress.
“The instant request calls for a similar balancing between the interest s of the respondent, the press, the PCIJ, and the oppositors,” it further said.