Committee on public order and dangerous drugs joint

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COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS JOINT WITH THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS NGDizon XVI-2 November 23, 2016 2:30 p.m. 2 “It shall contain the following: (b) the name and address of the lawyer who conducts or supervises the examination of the witness.” Kailan ba ito si Higanto naging abogado? SEN. DRILON. Okay, yes. Apart from that, hindi ko po alam na ang provincial prosecutor ay ang tamang abogado na magiging abogado noong nasasampahan ng kaso. The duty of the provincial prosecutor is to prosecute. The principle of having a lawyer assists the accused is to make sure that he has an opportunity to have fair play and his rights are protected. I cannot understand why a provincial prosecutor or a prosecutor for that matter will act as counsel for a prospective accused. Mali po iyan. REP. VELOSO. Correct, Your Honor. And besides, the last sentence of that provision in the Constitution, Section 12, paragraph (1) says: “This right cannot be waived.” So hindi ko pwedeng palitan ang abogado ni Mayor Espinosa by a police named Higanto at dito sa supplemental affidavit by another police officer, PO2 Rodolfo Vasquez. SEN. DRILON. Correct. REP. VELOSO. Talagang sinira ang constitutional rights ni Mayor Espinosa. SEN. DRILON. Okay. Can we have the secretary of Justice express his view on this point? 209
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COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS JOINT WITH THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS NGDizon XVI-2 November 23, 2016 2:30 p.m. 3 MR. AGUIRRE. Well, it’s in connection with the due process of the Constitution? SEN. DRILON. Compliance with the requirement of counsel of due process. Was due process complied here? MR. AGUIRRE. Well, the counsel must be the counsel of choice of the respondent and nobody could give a counsel to him until and unless he was given such opportunity. It was only when the respondent rejects it and perhaps you could supply a counsel of … THE CHAIRMAN (SEN. GORDON) … by the government. MR. AGUIRRE. By the government. SEN. DRILON. And, of course, it is totally improper for a prosecutor to act as counsel. MR. AGUIRRE. Definitely for the accused. SEN. DRILON. Yes. MR. AGUIRRE. Definitely. SEN. DRILON. It’s unusual. MR. AGUIRRE. Well, it’s not unusual. I think it’s illegal. You must appear only for the government. SEN. DRILON. It’s illegal. Very good point. That’s why we’re just wondering. Okay. Just one point—with your permission. Just isa na lang. 210
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COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS JOINT WITH THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS NGDizon XVI-2 November 23, 2016 2:30 p.m. 4 THE CHAIRMAN (SEN. LACSON). That’s a good point. SEN. DRILON. Very good point, sabi ng chairman. THE CHAIRMAN (SEN. GORDON). I was going also to say that. SEN. DRILON. O, sige na. Kerwin, sabi mo noong 2004 ka pa nag-umpisa magnegosyo sa droga. Tama po ba iyan?
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