Transcript of interview with Senator Pia S. Cayetano

On signing the contempt and arrest orders against retired Gen. Eliseo Dela Paz

Q: Napirmahan na po ba yung arrest order for Gen. Dela Paz?

SPSC: No I haven't yet. I'm actually the OIC now, so in relation to the Senate President, delegated lang ang authority ko. I think he's still in Europe, so there's a time difference. I just need to clear this matter with the Senate President first for his final go-signal. Of course I have full respect and support for the Chairman of the Committee on Foreign Relations, and like in the past, I have always been one with the Senate in ensuring na yung mga resource persons natin would respect the Senate and come when they are asked to come. But having said that, to sign now on behalf of the Senate President, I just need his clearance first. One important thing I want to clarify with him is that under our rules of procedure [governing inquiries in aid of legislation], orders for contempt should have the consent of the majority. [Pls. see attachment] Before it is sent to the Senate President's office for approval, that may be a requirement. I'm having it looked at now. Kailangang klaro ang mga steps na ita-take ko.

Q: Is there any legal problem or any legal issues on that?

SPSC: All of these things pinapaaral ko pa rin because, first of all, here in the Senate we are bound by legal procedures and before I, as OIC, would sign anything, I want to be sure na pinag-aaralan at nasusunod lahat ng legal procedure.

Q: Can we say that Gen. Dela Paz can still roam around without the fear of being arrested?

SPSC: He should fear. He should roam around with fear after what he did.

Q: With the time difference in Europe, within the day, you would be able to consult SP?

SPSC: Hopefully. Syempre pinapa-research na natin ito, I just to have a complete understanding of what the rules provide on this.

Q: Is he wanted? Is he subject for arrest?

SPSC: We have to go by the legalities. But if your question is whether he should feel free to roam, kasama naman sa bill of rights niya ang kanyang liberty. But after what has transpired, if I were him, syempre hindi ako magiging kampante.

Q: Hindi po ba kinakailangan ng pirma ng majority ng members (inaudible)

SPSC: I was reviewing our senate rules, and section 18 does indicate that the consent of the majority of the committee is required before an order of contempt is issued. That's why I'm saying na kailangang aralin natin ito nang maigi bago paratingin sa office ng Senate President.

Q: So Malabo na may mailabas ang arrest warrant today?

SPSC: If in fact we follow section 18, mukhang ganun ang mangyayari. I'm only the OIC, I take my orders from the Senate President. Also, all my actions should have legal backing. We have to ensure na tama ang ginagawa natin.

Q: Majority means how many?

SPSC: I was told its 15 ang members, so that would be eight. Kasi it says in the rules it should be a vote of the majority of all its members. So it's not just the members present at the hearing, but all its members. Pero baka they don't count those who are out of the country, I'm not sure. Just like what I was saying, clearly there are legal issues. We want to be sure that the rules are followed.

Q: Would you ask Gen Dela Paz to come out na lang to avoid ...

SPSC: Of course. I think Gen. Dela Paz owes it to the Filipino people to make himself available. And the Snate is a constitutional body which has the authority and the mandate to investigate issues. He should appear in the committee, why hide? I think he should have cleared his name and appeared.

Q: Meron bang chance na pwedeng i-skip na lang ng Senate yung Section 18 to prevent Dela Paz from leaving the country?

SPSC: I would think that the Senate should act with prudence and follow the legal procedure. Hindi naman makakatulong if the Senate acts in haste and possibly create more legal problems later on.