Miriam to Mike Arroyo: Prove inability to attend hearing

MANILA, Philippines - Senator Miriam Defensor Santiago on Monday said First Gentleman Jose Miguel Arroyo should prove that there is just cause for him to be absent from the scheduled Thursday hearing on the blacklisting of three Filipino firms by the World Bank due to alleged bid rigging. In a press statement, Santiago said only after Mr. Arroyo is able to show proof that he cannot attend the hearing that she will grant a motion "to depose him". "If the First Gentleman proves that there is just cause for him to be excused from making personal appearance at the hearing, I will grant a motion to depose him. I will direct the Senate TV crew to preserve the process on video evidence. Thus, the video could be authenticated by the Senate cameraman," Santiago said. She said that if Mr. Arroyo prefers to submit evidence by means of deposition, he can choose whether the deposition should be made from oral or written questions. Santiago, who chairs the Senate economic affairs committee, had earlier taken back her request for indefinite leave in order for her to preside over the hearing on Thursday. On Sunday Santiago said she may ask for a deposition from the First Gentleman if his health bars him from attending the hearing. Mr. Arroyo's camp had said that a doctor's permission is needed before the latter could attend the Senate hearing. Laywer Ruy Rondain said the hearing could be stressful to the First Gentleman. Senator Francis Pangilinan had also said that Mr. Arroyo should be examined by Senate doctors to determine if the First Gentleman is fit to appear before the committee. But Minority Leader Aquilino Pimentel Jr. said Mr. Arroyo should be spared from attending the hearing, even if the excuse to be given by the First Gentleman's camp is "suspicious." Electronic evidence Also on Monday, Santiago expressed readiness to accept electronic evidence after the World Bank refused to provide the Senate a complete set of its documents. "Since the World Bank has refused to give me a complete set of its documents on the blacklisting, I am obliged to apply the rules on electronic evidence since they are considered as the functional equivalent of paper-based documents, unless a privileged communication is involved," Santiago said. Santiago said she will apply the rules on electronic evidence, which are exempt from the hearsay rule, at the hearing scheduled Thursday. The feisty senator said she will admit even online documents purporting to be part of World Bank records, provided that they are authenticated by digital signature, by Supreme Court-authorized security procedures, or by other evidence showing their integrity and reliability. Santiago said that under the law, an electronic document refers to information by which a fact may be proved, which is transmitted electronically, including digitally sent documents and any printout or output. She said electronic evidence also includes audio and video evidence, but in all cases the evidence has to be authenticated by the person who made the recording, or by some other person competent to testify on its accuracy. "Under the Rules of Court, an electronic document, including a computer printout, is admissible in evidence, if it complies with the rules on admissibility, and is authenticated," Santiago said. She added that the admissibility and evidentiary weight of an electronic document should be established by an affidavit stating facts of direct personal knowledge of the reporter, or based on authentic records. Earlier, Senator Francis Escudero said the three blacklisted Filipino firms have copies of the World Bank. Chronic fatigue Santiago was absent from the Senate Monday because of chronic fatigue, which she said rendered her short of breath. "While the chronic fatigue continues, I am advised to limit my exertions. I was busy in the morning giving phone interviews to the media. After lunch, I no longer had enough energy left to withstand the two-hour trip to and from the Senate," the senator said. - GMANews.TV