‘No proof’: De Lima moves to junk 'disobedience to summons' case | ABS-CBN
ADVERTISEMENT
![dpo-dps-seal](https://od2-image-api.abs-cbn.com/prod/Seal_Image_OD.png)
Welcome, Kapamilya! We use cookies to improve your browsing experience. Continuing to use this site means you agree to our use of cookies. Tell me more!
‘No proof’: De Lima moves to junk 'disobedience to summons' case
‘No proof’: De Lima moves to junk 'disobedience to summons' case
Mike Navallo,
ABS-CBN News
Published Nov 05, 2020 06:46 PM PHT
|
Updated Nov 05, 2020 09:03 PM PHT
![Clipboard](https://od2-image-api.abs-cbn.com/prod/ClipboardNews.png)
MANILA (UPDATED) — Detained Senator Leila de Lima has asked a Quezon City court to junk the disobedience to summons case filed against her by previous House leaders for supposedly advising her former bodyguard Ronnie Dayan not to attend a House probe on the alleged Bilibid drug trade.
MANILA (UPDATED) — Detained Senator Leila de Lima has asked a Quezon City court to junk the disobedience to summons case filed against her by previous House leaders for supposedly advising her former bodyguard Ronnie Dayan not to attend a House probe on the alleged Bilibid drug trade.
In a demurrer to evidence filed on November 3 at the Quezon City Metropolitan Trial Court Branch 34, De Lima said the prosecution failed to present proof that she “induced anyone to disobey summons issued by the House Committee on Justice of the House of Representatives.”
In a demurrer to evidence filed on November 3 at the Quezon City Metropolitan Trial Court Branch 34, De Lima said the prosecution failed to present proof that she “induced anyone to disobey summons issued by the House Committee on Justice of the House of Representatives.”
“The evidence presented is clearly insufficient to show that [De Lima] had exerted great dominance and great influence over a person to disobey summons issued by the House of Representatives,” it said, invoking a Supreme Court case which held that “inducement’ must be more than a simple advice or counsel but must have “great dominance and great influence over the person who acts.”
“The evidence presented is clearly insufficient to show that [De Lima] had exerted great dominance and great influence over a person to disobey summons issued by the House of Representatives,” it said, invoking a Supreme Court case which held that “inducement’ must be more than a simple advice or counsel but must have “great dominance and great influence over the person who acts.”
De Lima pointed out it was not proven that Dayan disobeyed a summon because nothing on the record supposedly shows he received the summons in the first place.
De Lima pointed out it was not proven that Dayan disobeyed a summon because nothing on the record supposedly shows he received the summons in the first place.
ADVERTISEMENT
The case was filed by former House Justice Committee Chair Rey Umali, former House Speaker Pantaleon Alvarez and former Majority Leader Rep. Rodolfo Fariñas over De Lima's alleged message to Hannah Mae Dayan allegedly instructing her father to hide and not attend the House Committee on Justice hearing on the illegal drug trade in Bilibid in October 2016.
The case was filed by former House Justice Committee Chair Rey Umali, former House Speaker Pantaleon Alvarez and former Majority Leader Rep. Rodolfo Fariñas over De Lima's alleged message to Hannah Mae Dayan allegedly instructing her father to hide and not attend the House Committee on Justice hearing on the illegal drug trade in Bilibid in October 2016.
After more than 3 years of the trial, the prosecution managed to present only Umali and a photographer who took a photo of the supposed message of De Lima to Hannah Mae.
After more than 3 years of the trial, the prosecution managed to present only Umali and a photographer who took a photo of the supposed message of De Lima to Hannah Mae.
The defense claimed De Lima was deprived of the right to confront and cross-examine Alvarez and Fariñas as it questioned Umali’s competence to testify on the supposed messages between De Lima and Hannah Mae.
The defense claimed De Lima was deprived of the right to confront and cross-examine Alvarez and Fariñas as it questioned Umali’s competence to testify on the supposed messages between De Lima and Hannah Mae.
De Lima’s legal team pointed out that Umali did not have personal knowledge of the alleged act of inducement as he only heard about the supposed text messages during the House probe.
De Lima’s legal team pointed out that Umali did not have personal knowledge of the alleged act of inducement as he only heard about the supposed text messages during the House probe.
“The issue here is not what the witness Umali heard during the congressional hearing. The issue is if what witness Umali heard during the congressional hearing is true,” they said.
“The issue here is not what the witness Umali heard during the congressional hearing. The issue is if what witness Umali heard during the congressional hearing is true,” they said.
“Umali’s testimony is therefore plain and simple hearsay that is inadmissible to prove the truth or veracity of the allegations that he heard during the congressional hearing,” they added, going to the extent of assailing even the admissibility of the transcripts of the House hearing which Umali identified and not by its legal custodian.
“Umali’s testimony is therefore plain and simple hearsay that is inadmissible to prove the truth or veracity of the allegations that he heard during the congressional hearing,” they added, going to the extent of assailing even the admissibility of the transcripts of the House hearing which Umali identified and not by its legal custodian.
They also questioned Umali’s lack of authority to file the disobedience to summons case on behalf of Congress, claiming Art. 150 of the Revised Penal Code was designed as a remedy for Congress, not for any lawmaker in his personal capacity.
They also questioned Umali’s lack of authority to file the disobedience to summons case on behalf of Congress, claiming Art. 150 of the Revised Penal Code was designed as a remedy for Congress, not for any lawmaker in his personal capacity.
The meat of De Lima’s argument however went into the alleged conversation, which her legal team said was never presented during the trial.
The meat of De Lima’s argument however went into the alleged conversation, which her legal team said was never presented during the trial.
Instead, the prosecution presented photographer Perfecto Camero who took a photo of the supposed conversation.
Instead, the prosecution presented photographer Perfecto Camero who took a photo of the supposed conversation.
De Lima’s team clarified that based on the pictures, it wasn’t even “text messages” as the criminal charge alleged, but Viber messages.
De Lima’s team clarified that based on the pictures, it wasn’t even “text messages” as the criminal charge alleged, but Viber messages.
They said the pictures are inadmissible as evidence not only because they violated Hannah Mae’s privacy, but also because the prosecution failed to show that the original electronic document was unavailable to justify resort to secondary evidence.
They said the pictures are inadmissible as evidence not only because they violated Hannah Mae’s privacy, but also because the prosecution failed to show that the original electronic document was unavailable to justify resort to secondary evidence.
They also noted that the photos printed did not come from the original file from Camero’s camera, but was transferred several times on different devices.
They also noted that the photos printed did not come from the original file from Camero’s camera, but was transferred several times on different devices.
There was also no evidence, they said, that Hannah Mae showed these messages to Dayan.
There was also no evidence, they said, that Hannah Mae showed these messages to Dayan.
“Hence, it cannot be established if the alleged failure of Ronnie Dayan to appear before Congress truly resulted from the alleged conversation, or simply because Ronnie Dayan never received any summons at all, considering that the Prosecution has failed to prove that, in the first place, any congressional summons was properly served on Ronnie Dayan,” they said.
“Hence, it cannot be established if the alleged failure of Ronnie Dayan to appear before Congress truly resulted from the alleged conversation, or simply because Ronnie Dayan never received any summons at all, considering that the Prosecution has failed to prove that, in the first place, any congressional summons was properly served on Ronnie Dayan,” they said.
De Lima, in June, also filed a motion to dismiss the case alleging violation of her constitutional right to speedy trial, but the court denied it in July.
De Lima, in June, also filed a motion to dismiss the case alleging violation of her constitutional right to speedy trial, but the court denied it in July.
Disobedience to summons carries a maximum penalty of up to 6 months in prison and/or a fine of up to P200,000.
Disobedience to summons carries a maximum penalty of up to 6 months in prison and/or a fine of up to P200,000.
De Lima’s demurrer comes amid her renewed push to prove her innocence.
De Lima’s demurrer comes amid her renewed push to prove her innocence.
She recently filed bail petitions in 2 of 3 of her drug cases, and her lawyer Boni Tacardon in October said officials from the Philippine Drug Enforcement Agency and the Anti-Money Laundering Council cleared her of involvement in the alleged illegal drugs trade in the Bilibid.
She recently filed bail petitions in 2 of 3 of her drug cases, and her lawyer Boni Tacardon in October said officials from the Philippine Drug Enforcement Agency and the Anti-Money Laundering Council cleared her of involvement in the alleged illegal drugs trade in the Bilibid.
AMLC’s Artemio Baculi told a Muntinlupa court in September that there were no funds that went into the bank accounts of De Lima and her co-accused Jose Adrian Dera.
AMLC’s Artemio Baculi told a Muntinlupa court in September that there were no funds that went into the bank accounts of De Lima and her co-accused Jose Adrian Dera.
PDEA’s Kristal Caseñas, for her part, said on the witness stand in October there were no illegal drug trade transactions between Dera and De Lima, based on the cellphone extraction report.
PDEA’s Kristal Caseñas, for her part, said on the witness stand in October there were no illegal drug trade transactions between Dera and De Lima, based on the cellphone extraction report.
The opposition senator, a vocal critic of President Rodrigo Duterte, was arrested in February 2017 over alleged drug charges. She is facing 3 drug charges in 2 Muntinlupa courts, and is detained inside the Philippine National Police headquarters in Quezon City.
The opposition senator, a vocal critic of President Rodrigo Duterte, was arrested in February 2017 over alleged drug charges. She is facing 3 drug charges in 2 Muntinlupa courts, and is detained inside the Philippine National Police headquarters in Quezon City.
De Lima is a former election lawyer and chair of the Commission on Human Rights.
De Lima is a former election lawyer and chair of the Commission on Human Rights.
ADVERTISEMENT
Nobel Prize-winning economist urges tariffs vs 'dysfunctional' US
Nobel Prize-winning economist urges tariffs vs 'dysfunctional' US
Agence France-Presse
Published Feb 13, 2025 08:34 PM PHT
|
Updated Feb 13, 2025 08:41 PM PHT
![Clipboard](https://od2-image-api.abs-cbn.com/prod/ClipboardNews.png)
Nobel prize-winning US economist Joseph Stiglitz looks on as he presides a "Commission on the value of the climate action" at the Agence française de developpement (AFD) in Paris on January 31, 2017. Jacques Demarthon, AFP
![Nobel prize-winning US economist Joseph Stiglitz looks on as he presides a "Commission on the value of the climate action" at the Agence française de developpement (AFD) in Paris on January 31, 2017. Jacques Demarthon, AFP](https://od2-image-api.abs-cbn.com/prod/editorImage/17394500128961739450058401.jpeg)
(UPDATED) Nobel economics laureate Joseph Stiglitz argued at a global conference Thursday that nations should counter the policies of US President Donald Trump's "dysfunctional" administration by imposing tariffs and taxing American multinationals.
(UPDATED) Nobel economics laureate Joseph Stiglitz argued at a global conference Thursday that nations should counter the policies of US President Donald Trump's "dysfunctional" administration by imposing tariffs and taxing American multinationals.
The American economist was speaking at a conference on corporate tax reform held in Vatican City, with speakers including Brazilian President Luiz Inacio Lula da Silva and Spanish Prime Minister Pedro Sanchez.
The American economist was speaking at a conference on corporate tax reform held in Vatican City, with speakers including Brazilian President Luiz Inacio Lula da Silva and Spanish Prime Minister Pedro Sanchez.
"We have to think of ways to respond creatively to what is a dysfunctional government in the United States," said Stiglitz, who has long championed reform of international tax rules to ensure multinational corporations pay their fair share.
"We have to think of ways to respond creatively to what is a dysfunctional government in the United States," said Stiglitz, who has long championed reform of international tax rules to ensure multinational corporations pay their fair share.
He said Trump's move this week to freeze enforcement of a long-established anti-bribery law was symbolic of the "illicit flows" across borders due to corruption.
He said Trump's move this week to freeze enforcement of a long-established anti-bribery law was symbolic of the "illicit flows" across borders due to corruption.
ADVERTISEMENT
"Now we have the president of the United States saying bribery is OK. 'It's going to be great for American business,' he said," Stiglitz said.
"Now we have the president of the United States saying bribery is OK. 'It's going to be great for American business,' he said," Stiglitz said.
Trump on Monday ordered the Department of Justice to freeze enforcement of the Foreign Corrupt Practices Act, a law prohibiting US companies from bribing foreign government officials to gain business.
Trump on Monday ordered the Department of Justice to freeze enforcement of the Foreign Corrupt Practices Act, a law prohibiting US companies from bribing foreign government officials to gain business.
Stiglitz said the international community should expand its use of "countervailing duties", or tariffs imposed by one country to counter subsidies by another, "to say, if you allow bribery, that is a subsidy to your companies".
Stiglitz said the international community should expand its use of "countervailing duties", or tariffs imposed by one country to counter subsidies by another, "to say, if you allow bribery, that is a subsidy to your companies".
"If you don't do anything about climate change that's a subsidy and those countries that are engaged in not dealing with climate change face an extra tax," he added.
"If you don't do anything about climate change that's a subsidy and those countries that are engaged in not dealing with climate change face an extra tax," he added.
"If the United States disbands its USAID programme, causing an enormous suffering around the world without any notice, abuse of human rights in a basic way, the rest of the world should say, 'Well, we will tax your multinationals to get the revenue to maintain USAID."
"If the United States disbands its USAID programme, causing an enormous suffering around the world without any notice, abuse of human rights in a basic way, the rest of the world should say, 'Well, we will tax your multinationals to get the revenue to maintain USAID."
Stiglitz is the co-chair of Independent Commission for the Reform of International Corporate Taxation (ICRICT), an organisation that seeks to put an end to tax havens, and which convened Thursday's meeting.
Stiglitz is the co-chair of Independent Commission for the Reform of International Corporate Taxation (ICRICT), an organisation that seeks to put an end to tax havens, and which convened Thursday's meeting.
In November, G20 leaders agreed in Rio di Janeiro to cooperate to get the world's billionaires to pay more in tax.
In November, G20 leaders agreed in Rio di Janeiro to cooperate to get the world's billionaires to pay more in tax.
But efforts to reduce loopholes for multinational cooperations on the global level have stalled.
But efforts to reduce loopholes for multinational cooperations on the global level have stalled.
Trump has pulled the US out of the Organisation for Economic Co-operation and Development's (OECD) global tax deal, signed by close to 140 countries, which levies a 15 percent minimum tax on corporate profits.
Trump has pulled the US out of the Organisation for Economic Co-operation and Development's (OECD) global tax deal, signed by close to 140 countries, which levies a 15 percent minimum tax on corporate profits.
Trump's reciprocal tariffs
Trump's reciprocal tariffs
Trump, meanwhile, announced that he would impose "reciprocal tariffs" on US trading partners on Thursday, opening new fronts in a trade war.
Trump, meanwhile, announced that he would impose "reciprocal tariffs" on US trading partners on Thursday, opening new fronts in a trade war.
"Three great weeks, perhaps the best ever, but today is the big one: reciprocal tariffs!!! Make America great again!!!" Trump said in a post in all capital letters on his Truth Social platform.
"Three great weeks, perhaps the best ever, but today is the big one: reciprocal tariffs!!! Make America great again!!!" Trump said in a post in all capital letters on his Truth Social platform.
The move would match the United States' tariff rates on imports to the levels that other countries impose on US goods.
The move would match the United States' tariff rates on imports to the levels that other countries impose on US goods.
Analysts have warned that reciprocal duties could bring a broad tariff hike to emerging market economies such as India and Thailand, which tend to have higher effective tariff rates on US goods.
Analysts have warned that reciprocal duties could bring a broad tariff hike to emerging market economies such as India and Thailand, which tend to have higher effective tariff rates on US goods.
Countries that have trade deals with Washington such as South Korea are less at risk from this move, analysts believe.
Countries that have trade deals with Washington such as South Korea are less at risk from this move, analysts believe.
During election campaigning, Trump promised: "An eye for an eye, a tariff for a tariff, same exact amount."
During election campaigning, Trump promised: "An eye for an eye, a tariff for a tariff, same exact amount."
For example, if India imposes a 25-percent tariff on US autos, Washington will have a 25-percent tariff as well on imports of autos from India, explained a Nomura report this week.
For example, if India imposes a 25-percent tariff on US autos, Washington will have a 25-percent tariff as well on imports of autos from India, explained a Nomura report this week.
"Trump's objective of implementing reciprocal tariffs is to ensure fair treatment for US exports, which could indirectly also address US trade imbalances with partner countries," analysts at Nomura said.
"Trump's objective of implementing reciprocal tariffs is to ensure fair treatment for US exports, which could indirectly also address US trade imbalances with partner countries," analysts at Nomura said.
Among Asian economies, India has a 9.5-percent weighted average effective tariff on US exports, while there is a three-percent rate on India's exports to the United States.
Among Asian economies, India has a 9.5-percent weighted average effective tariff on US exports, while there is a three-percent rate on India's exports to the United States.
Thailand has a 6.2-percent rate and China a 7.1-percent rate on US products.
Thailand has a 6.2-percent rate and China a 7.1-percent rate on US products.
But higher tariffs are also often imposed by poorer countries, who use them as a tool for revenue and protection because they have fewer resources to impose non-tariff barriers such as regulatory protectionism, Cato Institute vice president of general economics Scott Lincicome earlier told AFP.
But higher tariffs are also often imposed by poorer countries, who use them as a tool for revenue and protection because they have fewer resources to impose non-tariff barriers such as regulatory protectionism, Cato Institute vice president of general economics Scott Lincicome earlier told AFP.
It remains unclear if Trump views reciprocal tariffs as an alternative to a universal tariff of between 10 and 20 percent, which he floated in the lead-up to last year's US presidential election, or as a separate policy.
It remains unclear if Trump views reciprocal tariffs as an alternative to a universal tariff of between 10 and 20 percent, which he floated in the lead-up to last year's US presidential election, or as a separate policy.
ADVERTISEMENT
ADVERTISEMENT