Tuason perfect state witness – Miriam

MANILA, Philippines – Senator Miriam Defensor Santiago hailed socialite Ruby Tuason as a “perfect, intelligent and competent” state witness, while slamming her nemesis Senate Minority Leader Juan Ponce Enrile and his close ally, Senator Jinggoy Estrada.

“Positive assertion has more weight in law than a denial. Denial is blatant impotence. Blatant na, impotent pa, lalung-lalo na kung matanda na!” Santiago said, referrring to Enrile. (It’s already blatant, and yet also impotent, especially for someone very old.)

Santiago posed questions to Tuason during the Senate blue ribbon committee hearing on Thursday, February 13, dismissing critics’ questions about the weight and value of her testimony on the multi-billion-peso pork barrel scam. The senator admitted at the start of her questioning that she was “casual friends” with Tuason. 

Santiago said as an eyewitness, Tuason provides “direct evidence” against the two senators and Enrile’s resigned chief of staff, lawyer Jessica Lucila “Gigi” Reyes.

She said Tuason fit all the requirements to be a state witness:

1. Absolute necessity for her testimony
2. No other direct evidence
3. Testimony can be substantially corroborated in its material points
4. As one of the accused, witness do not appear to be the most guilty,
5. As an accused, witness has not had at any time been convicted of any offense involving moral turpitude.

“You are a perfect state witness,” Santiago concluded. “You helped me considerably in our search for the truth.” 

“The Justice Secretary calls [your testimony] slam-dunk evidence. I call it bull’s eye evidence. Kitang-kita mo eh. Huling-huli mo eh,” Santiago told Tuason. (You saw it yourself. You caught it yourself.)

Direct evidence

Santiago stressed that Tuason’s statement in her 15-page affidavit that she personally delivered kickbacks to Estrada and Reyes was crucial. The senator asked Tuason if there was anything wrong with her 5 senses when she met the two, and Tuason answered in the negative.

“You’re not half-blind. You can recognize Senator [Jinggoy] Estrada. You’re not suffering from dementia, unlike other old people I know,” Santiago quipped.

A legal luminary and former trial court judge, Santiago cited jurisprudence in saying that Tuason’s affidavit as “positive assertion” carried more weight than the denials of the two senators.

“I’m struck by the fact that your adversaries have done nothing but issue denials. Mga kalaban niya walang ginawa kundi deny, deny, deny! … Mere denial is negative self-serving evidence, inherently weak defense that can’t prevail over positive testimonies,” Santiago said. (Her enemies have done nothing but deny.)

The senator said eyewitness’ direct evidence need not be corroborated but in Tuason’s case, the whistleblowers even backed her statements in the hearing.

Ferdinand Topacio, lawyer for first Gentleman Jose Miguel “Mike” Arroyo, questioned Santiago’s assertions on Twitter. He watched the hearing amid reports linking his client to the P900 million Malampaya fund scam. 

 

@ayeemacaraig @senmiriam Yes, but first affirmative assertions must be credible. She left that out.

— Ferdinand Topacio (@FerdieTopacio) February 13, 2014

 

 

@ayeemacaraig @senmiriam So kaming mga dukha puro sinungaling, ganun? May pagka-matapobre itong Senador na ito….

— Ferdinand Topacio (@FerdieTopacio) February 13, 2014

 

Ever since Tuason surfaced and offered to be state witness, Estrada and Enrile have refuted her statements. Estrada said Tuason never gave him commissions, and only delivered food to his Senate office. Enrile admitted meeting with Tuason but said it was for a property transaction, and did not involve his pork barrel.

The two senators, along with Tuason and Senator Ramon “Bong” Revilla Jr, face a plunder complaint for allegedly conniving to funnel pork barrel funds to the fake non-governmental organizations linked with alleged pork barrel scam mastermind Janet Lim Napoles.

‘NBI told me to tell the truth’

Santiago asked Tuason about Estrada’s allegation that the National Bureau of Investigation (NBI) fed her information and fabricated evidence to pin him down.

“Did the NBI tell you what to say, to lie?”

Tuason replied, “No, Ma’am.”

Santiago asked, “The NBI told you to what?”

Tuason said, “Tell the truth.”

The senator also asked Tuason about her educational achievement and wealth to establish that she has no motive to make her testimony up. Tuason said she studied at Saint Paul’s Manila but did not finish college.

Santiago said, “At least you’re college-educated. You would know the difference between money and pansit.”

Tuason replied, “Yes, Ma’am.”

Relations with Estradas

Tuason also said that prior to her leaving for the US in August 2013, she had no rift with Estrada’s family. She admitted asking for help from Estrada when she was abroad but he turned her down.

Santiago told the socialite, “You have class. When you returned to the Philippines, you said you were on a business class flight. Who paid for your flight?” Tuason said she did.

Santiago said, “’Di mo kailangan mag-imbento ng salita kasi maykaya [ka].” (You don’t need to invent stories because you are rich.)

Enrile’s silence means consent 

When asked by Santiago, Tuason said Enrile did not comment on her conversations with Reyes when he would pick up his chief of staff from their meetings.

Santiago said, “Kung walang kibo si Enrile, that still means consent. Silence means consent. They know that is SOP! [There is an] implication when Enrile goes to where you have an appointment and does not say anything about your prior conversation.”

Tuason also said that Estrada and Reyes did not tell her that they eventually bypassed her and dealt directly with Napoles. “They never directly admitted to me they were directly transacting with Napoles.”

Santiago said, “So they just stonewalled it. Pakapalan na lang ng mukha.” (They were shameless.)

Santiago also tried to get Tuason to implicate another socialite, Justa Tantoco, and businesswoman Alice Eduardo to the scam. Santiago accused Eduardo of being Enrile’s “front” in his business dealings at the Cagayan Export Zone Authority. Tuason said she had no proof of their involvement in the scam.

Santiago told her, “You are a very intelligent witness. You are saying you are not sure. You just stick to your literal answer. I think you’re trying to step on a few toes. You’re walking on eggshells that’s why you’re [strict] in your answers.”

Enrile-Gigi special relationship

The senator also tried to put color to Tuason’s statements about Enrile and his former chief of staff.

“Why is he picking up his chief of staff?” Does it mean she is his wife or querida (mistress)? Why would he pick up a chief of staff, who is supposed to be your servant?”

“Why will this 90-year-old man pick up a woman young enough to be his daughter?” Santiago asked. – Rappler.com