62 TUESDAY, MAY 8, 2012Anyway, Your Honor, on page 52—Sorry.I was referring to, Your Honor, <strong>the</strong> mention <strong>of</strong> <strong>the</strong> $10 million from Senator Estrada, I believe itis on page 52 or paragraph 1, is it <strong>the</strong>re? I am sorry my copy has mysteriously disappeared.At any rate, Your Honor, I draw your attention to <strong>the</strong> $10 million that was mentioned by SenatorEstrada and as he put it, “gentle recommendation,” for <strong>the</strong> Chief Justice to testify in this connection.Now, I wish to draw attention to <strong>the</strong> fact that this is not a matter within <strong>the</strong> complaint. Be that asit may, Your Honor, <strong>the</strong> Defense is not going to skirt from this issue. If <strong>the</strong> Honorable Court isinclined that we should address this issue, if <strong>the</strong> Honorable Court is inclined to consider this matterin its deliberations, if <strong>the</strong> Honorable Court is inclined to make this form part <strong>of</strong> <strong>the</strong> basis <strong>of</strong> anyverdict rendered here, we will willingly confront <strong>the</strong> issue. For this reason, Mr. President—whereis <strong>the</strong> motion?For this reason, Mr. President—I am sorry. We have prepared a request for subpoena ducestecum/ad testificandum against—I mean, to be—and we request that this be issued—The Presiding Officer. Against whom?Mr. Roy. —to a certain Mr. Harvey Que, a certain Ruperto Alerosa, a certain Gibby Gorres,a certain Risa Hontiveros—former Representative Risa Hontiveros, a certain Albert Concepcion,Congressman Walden Bello, a certain Ernest Calayag, a certain Moses Albiento, a certain TristanZinampan, and a certain Emmanuel Tiu Santos.In addition, Mr. President, we also request that a subpoena for similar purposes be issued to <strong>the</strong>Honorable Conchita Carpio-Morales.The Presiding Officer. Put that down in writing.Mr. Roy. We are filing <strong>the</strong> motion as we speak, Your Honor.Now, <strong>the</strong> purpose, Your Honor—The Presiding Officer. What did you say?Mr. Roy. We are filing <strong>the</strong> request now. As long as <strong>the</strong> Court will assure me that it is interestedin this matter, we will make <strong>the</strong> request for <strong>the</strong> subpoena.The Presiding Officer. Yes, we will.Mr. Roy. But if <strong>the</strong> Court should declare now that this is not part <strong>of</strong> this Impeachment, <strong>the</strong>n wewill not bo<strong>the</strong>r, Your Honor.The Presiding Officer. Well, we are not categorizing any asset as illegally acquired asset.But it is still an asset that must be included in <strong>the</strong> SALN if it exists.Mr. Roy. Precisely, Your Honor.The Presiding Officer. So, <strong>the</strong> issue <strong>of</strong> whe<strong>the</strong>r it is legal or illegal is <strong>of</strong> no moment. It is aquestion <strong>of</strong>, does this asset exist? And if it does exist, was it included in <strong>the</strong> SALN?Mr. Roy. Precisely, Your Honor.The Presiding Officer. And if it was not included in <strong>the</strong> SALN, <strong>the</strong>n, ergo, it will be a violation<strong>of</strong> Article XVII, first sentence.
TUESDAY, MAY 8, 2012 63Mr. Roy. Your Honor, if I may.The Presiding Officer. Hindi ba? Hindi ba?Mr. Roy. Your Honor, if I may. Yes.The Presiding Officer. No, I am asking you as a lawyer.Mr. Roy. Yes, Your Honor.The Presiding Officer. Okay.Mr. Roy. If <strong>the</strong> omission is malicious and fraudulent.The Presiding Officer. No, <strong>the</strong>re is no qualification in that sentence.Mr. Roy. Yes, Your Honor. Very well.The Presiding Officer. You are interpreting it. I am using it as literally as I could.Mr. Roy. Very well, Your Honor. We do not argue over what <strong>the</strong> law says. I just wish to pointout that <strong>the</strong> matter <strong>of</strong> <strong>the</strong> $10 million has never been raised in <strong>the</strong> proceedings and this is an extraneousmatter, that is why—The Presiding Officer. Correct.Mr. Roy. —I would like to be guided whe<strong>the</strong>r or not....The Presiding Officer. Wait a minute. Please respect this Court.Mr. Roy. Of course, Your Honor, always.The Presiding Officer. Well, you are not doing it because while this Chair is speaking, your voiceis very high.Mr. Roy. My apologies, Your Honor. I was just trying to make sure that I could be heardaudibly.The Presiding Officer. I can hear you very well. Saannak a tuleng. [Laughter]Mr. Roy. I apologize, Mr. President.The Presiding Officer. You understand. I know your grandfa<strong>the</strong>r was Ilocano.Mr. Roy. I apologize, Mr. President. I did not mean to raise my voice.The Presiding Officer. I would like to tell you frankly that any asset not included regardless <strong>of</strong>its characterization, whe<strong>the</strong>r it is legally obtained or illegally obtained, is a function <strong>of</strong> <strong>the</strong> SALN.Mr. Roy. Yes, yes.The Presiding Officer. And it must be included.Mr. Roy. Yes, Mr. President.The Presiding Officer. So, if <strong>the</strong>re is $10 million and it is proven to be <strong>the</strong>re or one dollarand not included, <strong>the</strong>n it is a function <strong>of</strong> this Court to interpret whe<strong>the</strong>r it constitutes a violation <strong>of</strong>Section 17, first sentence <strong>of</strong> Article XI.
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