00:00Attorney Lotak, you are aware of the defense, that it's a freedom of expression.
00:08Okay.
00:10In your investigation, did you consider this, if at all, and if any?
00:15Objection, Your Honor.
00:17Witness may answer.
00:20Yes, of course, Your Honor.
00:22We consider that whether magfawal ba siya sa confines ng freedom of speech.
00:30And what was your finding?
00:31That's the basis now.
00:32What was your finding?
00:34Well, una, three reasons, Your Honor, if it's okay.
00:41Una, when the second highest official of the land openly and publicly uttered that she had already contracted a person
00:51to kill,
00:52the highest official of the land, the first lady and the former speaker,
00:58and that she instructed the person to be relentless in killing them,
01:05we failed to see any amount of freedom of speech in that utterance, Your Honor.
01:10That's number one.
01:11Number two, we talk to ourselves.
01:18If we allow the argument that it is within the bounds of freedom of speech,
01:23if we allow that to become the norms of our society,
01:28then who would prevent anybody from doing the same to anyone?
01:33Pwede na pong sabihin, patayin mo si senator ganito pag ito ang nangyari,
01:37patayin mo si congressman ganito pag ganito ang nangyari,
01:40patayin mo si justice ganito pag ganito ang nangyari.
01:43So imagine, Your Honor, the anarchy, the disorder, and the chaos,
01:46it would bring to our country.
01:50And number three, Your Honor,
01:53as a lawyer and being in the law enforcement,
02:00freedom of speech protects low full expression,
02:05but it does not protect utterances
02:07that satisfies the elements of a criminal offense,
02:13like this one, Your Honor.
02:16Satisfies the elements of a criminal offense,
02:22like this one.
02:25Ito yung tanong daw.
02:28Atty.
02:29Atty.
02:29Lotto.
02:31Based on your finding,
02:36based on your affidavit of investigation,
02:43did.
02:45the vice president
02:51commit a crime?
02:54Objection, Your Honor,
02:55leading and calls for conclusion of law.
02:57Based on his investigation,
02:59let the witness answer.
03:00Sustained,
03:00but the presiding officer will ask the question to the witness.
03:07Based on your investigation,
03:10attorney Lotto,
03:11was there enough basis to file a criminal complaint,
03:16as you did,
03:17for the crimes you charged the vice president with?
03:21Prima facie evidence only, huh?
03:23Not as to whether or not she indeed committed it or not,
03:26because only a court of justice can determine that.
03:29Yes, Your Honor,
03:30based on our findings,
03:31we believe that
03:33the vice president committed the crime of grave threats
03:36and inciting the situation.
03:37Only in so far as satisfying
03:39the requirement of prima facie evidence,
03:42sufficient to file a case.
03:44Prima facie evidence,
03:45with reasonable certainty of conviction.
03:47Yes,
03:48that would be a more complete description
03:49of what you have to comply with
03:51before you can file a case.
03:53Yes, Your Honor.
03:54Yes, Paul.
03:54Yes, Paul.
03:58Yes, Paul.
Comments