Tag: subpoena

Criminal law, Rules of Court

Janet Lim-Napoles to Roxas Blvd Nov. 7

Last month, the blog posted that Janet Lim-Napoles could be brought to the Senate on a Senate subpoena only upon order of the RTC Makati.

     The Senate had issued a subpoena, and yesterday afternoon, the RTC Makati announced that it would allow the accused Lim-Napoles to be transported to Roxas Boulevard on Nov. 7 to to attend the Senate hearing, according to the news dailies. i guess… the clerk of court typed up or would type up an order for the judge’s signature. Or… i guess the judge made the announcement in open court with the parties present so it had the effect of an order. 

      Normally… unless an emergency is involved, before the Court moves the body of the accused around, across cities, etc.,  it issues an order and the accused’s lawyer and next of kin is informed (normally — if it is not an emergency — the parties are notified beforehand).

     Normally, the procedure followed here is, the PNP appears before the judge in open court and informs him/her that there is a need to move the accused around, etc. etc.

       So i guess… the judge followed the normal procedure for non-emergency moving around of the accused… 

 

constitutional law, Criminal law, News, Rules of Court, tweets

Can Napoles go 2 Senate hearing Thurs? No, not w/o a court order: Guide 4 Reporters

News peg: Janet Lim-Napoles has been subpoenaed by the Senate to attend a Senate hearing (presumably by the Blue Ribbon Commitee) this Thursday Sept. 26, 2013; and for this purpose, a letter has been sent to the Ombudsman who is conducting a preliminary investigation of the complaint for plunder  filed by the DOJ  based on evidence on the so-called P10 billion pork barrel scam.
    Can accused Janet Lim-Napoles (accused in the serious illegal detention case and respondent in the plunder case) attend the Senate hearing this Thursday, Sept. 26? No. Nope. Nopey. Not without a court order. She is under detention by order of the RTC Makati. Only the RTC Makati can order her removed from her place of detention. You can try serving the subpoena on her guards but it will not be honored. Don’t try citing the guards for contempt because it is the RTC Makati which has jurisdiction over her person.
breaking news, Rules of Court

Updated: judge in Lozada’s case about 2 say he might issue subpoena 2 produce d President in court when he was cut off (ANC remote live interview)

Updated:      

Pietro Peruqino.”Lunette with Power and Justice ‘. Right-clicked from www.allposters.com, used here for non- commercial purposes, under the terms of free service by blog-use of image provided by said site.
Pietro Peruqino.”Lunette with Power and Justice ‘. Right-clicked from http://www.allposters.com, used here for non- commercial purposes, under the terms of free service by blog-use of image provided by said site.

 

Breaking news:

The judge presiding over Jun Lozada’s case (“P vs. Lozada” for perjury) was about to say he might or he could issue subpoena to produce the President in court when he was cut off (ANC remote live interview) to give way to a studio guest waiting on cam.

         Updated: The judge was giving an exclusive live remote interview ( just chanced upon it, not familiar with the perjury case filed against Jun Lozada by Mike Defensor, and have not read the order of the judge asking the parties to settle) to an ANC reporter, where he said that Malacañang had put pressure on him to recuse himself from the case but refused to give details (the “who”, “when”, “where”, “how”, etc.), saying that the emissary would  just deny it. He then talked about the demolition job going on against him. Into 20 minutes of airtime he meandered into the following (i’m paraphrasing from memory): “masyado tayong naaaliw ng mga pangyayari, may kasal nila Mar Roxas at Korina, mga kandidato, etc (“we’re being entertained too much by events, the coming wedding of Mar Roxas and Korina, and the candidates, etc.”) hindi natin napapansin, baka mag-martial law na… (“it is escaping our attention that martial law could be declared…”) kasi baka dito sa kasong ito, bagamat….may mga nabasa naman akong pwede… baka ipatawag ang Presidente sa korte, may mga nabasa ako…. (because in this case…..i’ve read some materials that it can be done… the President might be summoned to court, i’ve read…..), then he was cut off by the news anchor at the studio because there was a studio guest waiting on cam.

        The judge did not use the word “subpoena” and “arrest warrant”, but he was meandering towards that: subpoenaing the President or FG and, upon their refusal, issuing arrest warrants.

       As we all know, there is no trial yet; preliminary motions have been filed.

       You usually issue subpoenas on motion. At pre-trial you provide a tentative list of witnesses (among other things). In the course of the trial, you can add witnesses,  or not use those in the list. When you have the trial dates, you ask the court, if required (like —  if the witness requires it or the witness will not go with the lawyer, he/ she has to be subpoenaed), to issue a subpoena for the witness. Subpoenaing the President? Let’s see.

        But hey, the judge is talking, we’ll just let him. If he cannot cite in contempt the public official who pressured him, maybe he should…subpoena the President? Cite her in contempt upon refusal? Have her arrested? If you couldn’t cite the President’s  alleged emissary- influence peddler, sure you could cite her.