Sen escudero mr secretary just one more point sinabi

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SEN. ESCUDERO. Mr. Secretary, just one more point. Sinabi sa House—napanood ko sa TV—binibigyan daw nila ng immunity … /jbc 246
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COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS JOINT WITH THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS GESapinoso V-3 November 23, 2016 3:20 p.m. 1 SEN. ESCUDERO. … binibigyan daw nila ng immunity iyong mga testigong tumetestigo doon dahil nag-order na raw ang Speaker. May I ask you, what is the legal basis of such order giving immunity, if any? MR. AGUIRRE. I think this is Section 4 of Republic Act No. 6981, an act providing for a witness protection and security. SEN. ESCUDERO. Mr. Secretary, I am familiar with the law. If that’s your basis, my question is, under that law, the Speaker and Senate President may recommend to the secretary of Justice the admission of any person to the program. Magre-recommend po lamang sila. You can say yes or no. Now, during the hearing, I distinctly remember, you were there, and the House member said, “The Speaker has already approved his immunity.” My understanding of the law is—and you’re with them. MR. AGUIRRE. Yes, Mr. Chair. SEN. ESCUDERO. My understanding of the law is when the Speaker or a Senate President recommends, it will go through the board headed by the secretary of Justice—the former secretary of Justice is nodding his head, Senator Drilon, and I have one more former secretary of Justice to my left—and then, you will now decide whether or not to admit him. And under the WPP law, such admission will have the effect of either excluding him in the information or if one 247
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COMMITTEE ON PUBLIC ORDER AND DANGEROUS DRUGS JOINT WITH THE COMMITTEE ON JUSTICE AND HUMAN RIGHTS GESapinoso V-3 November 23, 2016 3:20 p.m. 2 has been filed, your prosecutor will seek his exclusion via being a state witness with the consent or permission of the court. But, but you must issue a certification of such admission to the WPP. At that time, Mr. Secretary, based on what I saw on TV, wala pa naman hong certification kayo. In fact, you did not answer with respect to your admission. I forgot if it’s only the secretary or if it’s the board that decides it. SEN. DRILON. The secretary. SEN. ESCUDERO. The secretary. If the secretary decides to admit, the DOJ must issue a certification of their admission to the WPP program and that’s the only time everything will attach. If that is the case, may I ask, was such a certification issued before their testimonies were given? And, number two, if not, how would you perceive it or see it? If the testimonies were given before admission to the program, will it have a retroactive effect? MR. AGUIRRE. Mr. Chair. SEN. ESCUDERO. Yes, please. MR. AGUIRRE. Mr. Chair, we did give a certification. Those witnesses had certification from the Witness Protection Program. They were placed already under the Witness Protection Program and all of them were favorably recommended by the Speaker of the House.
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