Panayam kay Atty. Stephen David, abogado ni Alice Guo | Unang Balita
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00:00We will now recognize the face of Dismissed Bamban Tarlac Mayor Alice Guo in the Senate. We will be joined by her lawyer, Atty. Stephen David. Good morning Atty.
00:09Good morning Igor.
00:11Yes. Alice Guo's short answers yesterday in the Senate, why wasn't she able to give a direct answer? Is it right that all the senator's questions are self-incriminatory?
00:27Well, not all the questions are self-incriminatory, but a lot of them are self-incriminatory or can be self-incriminatory.
00:35But she's not in court.
00:38What do you mean she's not in court?
00:40The Senate hearing, that's really basic in aid of legislation. So the question if she's Alice Guo or Guo Huaping, can't she answer that?
00:54That's self-incriminatory if she's going to answer that. I will explain. First of all, the right against self-incrimination is not only in court.
01:05It's in all procedures, especially in legislation.
01:08In the Senate or Congress, they are called resource person. They are not witnesses or accused. That's why they are being asked because they want to make a law or correct a law in aid of legislation.
01:28Whatever the resource person will say, that should be the basis of their violation of the law, not to investigate.
01:35The problem is, what used to happen in the Senate investigation or Congress, their committee report, after it's submitted, they will file a criminal case if there are findings.
01:47That's just an incident in their violation of the law. What's happening here is, you're a resource person, but before you testify or speak, you're a resource person, you file a case.
02:03Who is the person who wants to defend themselves? For example, the cases that were filed in the court, how can they be defended if you will defend yourself under the Constitution?
02:22The Constitution is higher than any agency of the government. The Constitution, we need to be careful because the Constitution states that every accused has the right to remain silent so he won't incriminate himself.
02:37That's the dilemma. Even if he wants to tell the truth, he won't be hindered by his right to speak.
02:47The cases in the court might be affected.
02:50Yes. Why would it be affected if I ask him, for example, he said, for example, he's Guaoping, Guaoping.
03:01What will happen is, when it comes to Komelek, the misrepresentation that was filed against him, he doesn't need to defend himself because you admitted that you're Chinese.
03:12You're not Filipino.
03:15You're guilty of misrepresentation. If he said it's not me, then it's a perjury.
03:24You know, it's hard if you will file a criminal case, but you will be forced to speak against yourself.
03:34That's why the Senator is telling us to respect the Constitution.
03:42Okay. It was written by Alice Goy that the Senator facilitated them in Yate. Did you know the person who wrote it?
03:50Of course, your approval was heard. Did you find out if he's a Filipino or a foreigner, Atty.
03:57He said he's a foreigner. He said who he is. Of course, I have a lawyer's card privilege.
04:03Yes.
04:04But of course, I know he told me.
04:07Yes. The government has no position. Civilian has no position.
04:13No. He didn't tell me.
04:16But do you think that the process yesterday, the Senators judged your client and won't be cooperative in the next public hearings?
04:26Actually, it's been a long time. Even during the first and second Senate hearings.
04:32He said he's convinced that you're lying. He's convinced that this and that.
04:39I don't understand why he needs to resort to this if he knows that you're lying. Is that reliable?
04:46Because it's in aid of legislation. This is not a prosecutorial investigation.
04:51So if you believe that the first person is lying, why do you want to question him?
04:59What else do you want to know? You know he's lying, right?
05:02Unless your intention is to prosecute him or establish evidence against him to put him in jail, which is the job of the prosecutor.
05:14Okay. Did Atty. David and Alice Guo discuss his death threats with you?
05:21You know, the death threat, he's been telling me for a long time.
05:24Before he ran away.
05:26Yes, it's been a long time. That's why when he apologized to me, he couldn't tell me that he's in the Philippines.
05:33He told me that he's in the Philippines. I understand because he did it out of fear.
05:41We don't know if he ran away or he was forced to run away because he's a big shot.
05:51That's why he facilitated his escape.
05:57Against her will?
05:59I cannot divulge that. But when the proper forum comes, we will know.
06:07Okay. It's like someone facilitated him. He's just following her orders.
06:13Yes.
06:15Do you have a surrender pillar for Wesley Guo? Is he your client, Atty.?
06:23Of course. He's my co-consultant. Actually, we have a lawyer-client privilege. But we don't have an engagement.
06:32So Wesley Guo will return?
06:35He doesn't know what he will do. He doesn't have a criminal case. This is his only case.
06:41Okay. David, this is the new contempt in the Senate. Where will Alice Guo remain? In the custodial or in the Senate?
06:51Criminal cases will always take precedence over any legislation.
07:00But in the next hearing, will you send Alice Guo?
07:06It's not an issue to send her because she will be sent by the Senate.
07:11That's the court's order.
07:14Yes.
07:15Thank you very much. Be careful Atty. Stephen David.
07:18Yes sir. Okay. Thank you very much.
07:19Be careful.
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