Diokno: Tang subpoena served through my office for her protection

MANILA, Philippines – House prosecutor and Akbayan party-list Rep. Chel Diokno admitted on Monday that the Senate Impeachment Court’s subpoena for former Sandiganbayan presiding justice Amparo Cabotaje-Tang was served to his office to protect her from potential harassment.

The issue came up during Day 24 of Vice President Sara Duterte’s impeachment trial after Senator-judge Imee Marcos questioned why the subpoena for a supposedly “disinterested” witness was addressed to Diokno’s office at the House of Representatives.

READ: Cabotaje-Tang, Ombudsman exec among first witnesses for Article II

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“The prosecution has asserted that the witness, or the proposed witness, is a disinterested party. Is that correct?” Marcos asked, which Diokno confirmed.

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“I would just like to bring your attention to our subpoena and in the request for subpoena ad testificandum, it’s very clear that the Justice is served at the address of the Office of Akbayan party-list Rep. Jose Manuel Diokno, Room 502 South Wing in the Batasan. Is this a disinterested party, indeed?” she added.

Diokno maintained that Cabotaje-Tang was really a disinterested witness, and that their intention was to hide the former presiding justice’s address — a practice, he said, has been a practice in regular courts.

He cited data privacy and security concerns, saying the disclosure of personal information could expose Cabotaje-Tang to online attacks or other forms of harassment.

“There are also security issues involved and that is the only reason why it was served through me.  Ginagawa namin ‘yon (We do that) even in ordinary cases simply for purposes of security and protection,” Diokno, a human rights lawyer, said.

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Marcos questioned the explanation.

READ: Ombudsman exec confirms Sara Duterte’s SALNs from 2007 to 2024

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“With all due respect mahirap pong paniwalaan kasi wala namang natitira sa Kongreso at wala naman tayong alam na threat, kung legal opinion lang naman ang idudulog,” Marcos replied.

(With all due respect, it is hard to believe that because no one resides in Congress and we are not aware of any threat, especially since she will be consulted only for her legal opinion.)

Defense lawyer Mark Vinluan also disagreed with Diokno, saying that this is not a usual practice in regular courts.

“As regards to subpoena your Honor, we highlight the point made by Senator-judge Marcos that it was indeed addressed to the office of the Akbayan party-list your Honor, and in response to what Rep. Diokno stated a while ago, I don’t think this is actually normal in regular courts,” Vinluan said.

“It is the duty of the court to issue the subpoena and serve it to the witness, it is never the duty of the prosecution lawyer,” he added.

This issue was a part of discussions into whether Cabotaje-Tang should be allowed to testify even if she has no knowledge of the facts involving Duterte’s case.

In his offer for Cabotaje-Tang’s testimony, Diokno said that the former Sandiganbayan presiding justice would provide the impeachment court with a legal framework for understanding public accountability laws relevant to Article II.

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According to Diokno, co-team leader for Article II of the Articles of Impeachment, Cabotaje-Tang was sought to address six questions:

• When is an official’s wealth considered questionable?
• What if wealth or property is not named after an official?
• Is there a higher standard for public accountability for the President and Vice President?
• Can a Vice President or President do business while in office?
• What if a sitting Vice President or President has a business transaction with the government?
• Should the people see a public official’s financial status or assets, liabilities, and net worth through the Statement of Assets, Liabilities, and Net Worth (SALN)? /dp