Senator Santiago orders arrest for dela Paz after he snob the Senate hearing

Miami
October 23, 2008
Story: Senator Santiago orders arrest for dela Paz after he snob the Senate hearing

The senate probe on the Moscow incident has started but the main personality who can answer the questions with regards to the “contingency funds” did not attend the hearing.

Retired Police Director Eliseo dela Paz did not attend the senate hearing though he was subpoena by the Senate Committee on Foreign Relations. Dela paz received the subpoena Wednesday afternoon when he went to the Ombudsman.

At the beginning of the hearing, Senator Miriam Defensor-Santiago, chair of Committee on Foreign Relations said that they receive “Challenge to Jurisdiction with Motion to Quash Subpoena” filed by Atty. Noel Malaya, counsel of dela Paz.

Santiago immediately dismissed the said motion and said to Atty. Malaya that in a senate inquiry, he, as a counsel, is not allowed to represent dela Paz.

“He (dela Paz) cannot invoke the right for self-incrimination as a blanket,he can only invoke it for question and we have to wait for the question to be ask then invoke it. But then he does not yet decide on that, it is the committee,” Santiago said.

Santiago reminded the counsel that he is not allowed to participate in the hearing, he’s duty only is to advise his client.

Malaya explained that after discussing the Challenge to Jurisdiction with Motion to Quash Subpoena to dela Paz, they decided not to let dela Paz attend the hearing because “We will wait for the decision on the motion that we filed.” This irked Santiago saying that even if they filed the said motion dela Paz should appear at the Senate emphasizing not because they filed the said motion it means it will be approved.

“The lawyer’s tactic is wrong, he should not advise his client not to attend the hearing just because they have a motion, they should wait for it to have a decision,” Santiago said.

Malaya said that they will file a petition for certiorari before the Supreme Court to block the Senate investigation. Insist that dela Paz has no criminal liability on what he did only a lapse for not declaring the amount of money that he is carrying.

Meanwhile, the senate Sergeant-at-Arms cannot yet arrest dela Paz even if Santiago ordered for it because Senator Pia Cayetano, who acts as officer in-charge at the Senate in the absence of Senate President Manny Villar. Cayetano reasons out that she wil take orders from Villar first. Also, majority of the members was needed to vote on or either sign the order before this could be effected.

The Senate committee on foreign affairs has 14 members including its chairman, Senator Miriam Defensor Santiago.

Santiago did not order an arrest for the wife of dela Paz, Maria Fe, “It might affect the entire family, taht is why I did not include her, but with the father (Eliseo dela Paz) we cannot ignore his absence because this is the law.”