Senator Enrile Opening Statement: Committee of the Whole (Villar Probe)

         The Chair calls the session of the Senate Committee of the Whole to order.

         Committee Secretary, please count the number of senators present.

         N. B. State the names of the senators present into the records.

        The hearing this morning is a continuation of the suspended proceeding on Tuesday, May 26, last week.

        This morning, the Senate Committee of the Whole will begin the adjudicatory hearing of the ethics case against Senator Manuel Villar.

        But before the adjudicatory hearing proceeds, the Chair wishes to take note of the petition of the minority block for certiorari now pending before the Supreme Court. That petition prayed for a temporary restraining order or a preliminary injunction to stop the Senate Committee of the Whole from proceeding with the adjudicatory hearing this morning.

        The Chair also wishes to take note and make of record the fact that up to this moment the Supreme Court has not issued a temporary restraining order or preliminary injunction to stop the adjudicatory hearing this morning.

        Instead, the Supreme Court has required the Senate Committee of the Whole to file its comments on the petition for certiorari of the minority block not later than nine o'clock in the morning tomorrow without extension. The Senate Committee of the Whole shall comply respectfully with the desire of the Supreme Court.

        With due respect to the Supreme Court, as there is no temporary restraining order or preliminary injunction issued by it to stop the Senate Committee of the Whole from proceeding with this morning's adjudicatory hearing of the ethics case against Senator Manuel Villar, it is the understanding of the Chair that the Senate Committee of the Whole may proceed accordingly, without in any way or manners showing, suggesting, or indicating any disrespect or defiance of the Supreme Court.

        In proceeding with the hearing this morning, the Senate Committee of the Whole is simply relying on our time-honored constitutional principle that the three branches of the government are separate, co-equal, and coordinate. One is not above or under any other.

        Of course, should the Supreme Court in its wise discretion at any time enjoin this Senate Committee of the Whole from proceeding further with the ethics case against Senator Manuel Villar, the Senate Committee of the Whole will comply respectfully with due deference to the highest tribunal of the land.

        The Chair also wishes to make it very clear that the respondent, Senator Manuel Villar, or his chosen counsel, or any or all the other petitioners in the case now pending in the Supreme Court are free and welcome at any time during the entire proceeding to join and participate in the adjudicatory hearing.

        The Chair assures the respondent, Senator Manuel Villar, that his substantive rights, in spite of his or his counsel's absence, will be safeguarded and protected and that all witnesses presented against him in the adjudicatory hearing will be made available for cross-examination by his chosen counsel at any time if the respondent so desires.

        The complainant, Senator Maria Consuelo Abad Santos Madrigal, also assured the Chair that she will certainly make herself available for cross-examination should the respondent desires to do so through his chosen counsel.