JGO Committee expects Dela Cruz to testify Nov. 16

With Frances M. Dela Cruz still subject to the subpoena issued her by the House of Representatives Judiciary and Governmental Operations Committee, the committee still expect her presence on Nov. 16 at 10:30am, according to committee chair Rep. Celina R. Babauta (D-Saipan) last Friday.

In a letter to Dela Cruz’s counsel, Viola Alepuyo, Babauta asked the lawyer to notify Gov. Ralph DLG. Torres’ executive assistant by tomorrow, Wednesday, if she has any questions for concerns.

Babauta reiterated that they appreciate Dela Cruz’s efforts to submit a written affidavit before the committee but noted that the affidavit was not responsive to the substance of several areas of concern in their subpoena. Babauta added that some matters were also raised in the affidavit that caused concern. She did not elaborate. Accordingly, she said, they have questions that will require Dela Cruz’s presence in the House chamber.

Last Tuesday, Oct. 26, the committee decided to still request Dela Cruz to appear in the chamber, saying that her sworn affidavit is unsatisfactory and that members still have a lot of follow-up questions.

Babauta approved Rep. Donald M. Manglona’s (Ind-Rota) motion to request for Dela Cruz, through Alepuyo, to appear before the committee at a time that suits committee members, Dela Cruz, and Alepuyo.

Manglona said that, based on Dela Cru’s affidavit, there are still many questions that committee members would like to get clarification about and for Dela Cruz to expound on.

Babauta said that, as they have communicated many times to Torres’ counsel, Ross Garber, to Alepuyo, and to Office of the Governor counsel Gilbert Birnbrich, written affidavits are no substitute for live testimony. “We cannot ask follow-up questions. The members of this body are unable to ask clarifying questions,” she added.

In her recent letter to the JGO, Alepuyo noted that Dela Cruz is caught in the middle of this “unfortunate situation,” but she continues to invoke her constitutional testimonial immunity and privilege, objects to the subpoena, and does not waive any constitutional rights she may now have or will have in the future.

Alepuyo said despite all this and in the spirit of compromise, Dela Cruz is providing an affidavit sworn under penalty of perjury responding to the six items in the subpoena served upon her.

In addition, if the JGO has any follow up questions, Dela Cruz welcomes a process to continue to protect her right while providing the committee the information it seeks, Alepuyo said.