Senators argue over how to cross-examine Matobato

MANILA, Philippines – Some members of the Senate Committee on Justice and Human Rights on Thursday argued over how to cross-examine witness Edgar Matobato, considering his educational background.

On the fourth day of Senate hearings into the rising number of drug-related killings, Matobato, confessed hitman and alleged former member of the Davao Death Squad, once again faced the senators for further questioning. However, members of the panel found inconsistencies in his statements, including changes in names, places, assignments, orders and figures.

Sen. Leila De Lima, ousted as committee chairperson on Monday, asked the new panel chair, Sen. Richard “Dick” Gordon, to give Matobato consideration since he was only in school until Grade 1. She explained she had to interject every now and then because she was helping in testing Matobato's credibility.

De Lima clarified that the Senate inquiry should not use a cross-examination style of questioning as it is not a formal judicial proceeding. She said it is a fact-finding inquiry.

“I appeal to my colleagues to give him (Matobato) some consideration, ‘wag naman ho ‘yung parang ano [strict]…yes we are testing his credibility, pero ‘wag naman hong ganun. This is not a court of law,” De Lima said.

“Bigyan ng konting konsiderasyon i-explain po ng maigi. Huwag ho nagbabasa ng mga Ingles, huwag hong nagtatanong sa Ingles, ‘wag naman pong ganun, that's an appeal,” she said.

Gordon recognized De Lima’s appeal for a more compassionate questioning but maintained the panel is conducting an investigation in aid of legislation and so it is fair to question any witness. He said De Lima should know the cross-examination method as she was also present during the impeachment case against Chief Justice Renato Corona at the Senate.

“When somebody comes in here and makes allegations, all his statements will be subject to trial by probity. We have to prove the witness is saying the truth... That is fair game. Do not come here and expect kindergarten treatment,” Gordon said, adding that all statements are recorded and may be used against any witness.

The senators’ argument started when Sen. Alan Peter Cayetano asked Matobato if he had ever executed an affidavit with any government agencies. The witness said he had not, but later retracted the statement when the National Bureau of Investigation said he did sign one in 2014.

De Lima interjected to clarify Matobato earlier admitted to having signed a joint-affidavit but was not given time to explain.

“We are not supposed to either of us lawyer for or against. The usual procedure is for the senator to wait for their turn then counter whatever they think the other senator did wrong rather than to stand up and question,” Cayetano argued saying De Lima will have her turn to explain or ask questions.

Sen. Manny Pacquiao also agreed with Gordon’s decision, saying a senator’s role is to question and investigate and not to protect or defend any witness.

Gordon lectured Matobato for inconsistencies in his testimony and asked him to think about the questions before answering. He said he will be guided by legal counsel.

“We have to cross-examine, interpellate, kailangan palabasin ang totoo. Otherwise, I will hold you in contempt,” Gordon said.