THE executive assistant of Gov. Ralph DLG Torres did not appear before the House Committee on Judiciary and Governmental Operations at 10:30 a.m. on Tuesday.
Chaired by Rep. Celina R. Babauta, the committee then rescheduled Frances “Kai” Dela Cruz’s appearance for Oct. 26, 10 a.m., and allowed her to submit, no later than 10 a.m. of that day, an affidavit relating to her duties and responsibilities at the Office of the Governor.
If Dela Cruz again fails to appear before the committee, Babauta said they will hold her in contempt even if she submits her affidavit on time.
Babauta added that her committee is not waiving its authority to lawfully compel Dela Cruz’s physical presence in the House chamber or to exercise other lawful means to compel her live testimony.
Babauta said the committee also rejects the proposal of the governor’s Washington, D.C.-based lawyer, Ross Garber, to provide Dela Cruz the House committee’s questions in advance.
Babauta said over the past several days, Garber and Dela Cruz’s counsel, Viola Alepuyo, had been communicating with the committee.
Garber and Alepuyo have objected to the subpoena and invoked testimonial immunity on behalf of Dela Cruz, Babauta said.
She added that she herself worked at the governor’s office for 16 years, and she knows that Dela Cruz’s position is mainly administrative in nature.
“There is certainly no threats to national security that may be exposed by a person engaged in that position. Trust me,” Babauta said.
She reiterated that even though Dela Cruz will be allowed to submit an affidavit, “this accommodation is in no way to be interpreted as giving up our legislative rights to compel [her] physical presence to provide live testimony before this body nor is it conceding whatever immunity or privilege she may or may not have with respect to Garber’s and Alepuyo’s objections.”
“We are not unreasonable, we are not uncompromising, this is democracy in action,” Babauta added.
Rep. Tina Sablan said the committee “is absolutely clear that it is not conceding the immunity and privilege that the governor is invoking.”
She said they are allowing Dela Cruz to submit an affidavit under penalty of perjury, pertaining to her duties and responsibilities, knowledge, and experience, as to the subject matter listed in the subpoena that she received, including travels of the governor and the first lady, reimbursements, and utilities among other items.
But Sablan said the committee is not submitting questions ahead of time, and not waiving any right or power to compel the appearance and testimony of Dela Cruz.
Sablan said the committee has questions that will require Dela Cruz’s appearance.
“We expect [her] and all future witnesses to comply with our subpoenas, appear in this chamber and testify truthfully to the best of their knowledge, cooperating fully with this legislative investigation. I think that should be absolutely clear for the record,” Sablan said.
Another member of the committee, Rep. Vicente Camacho, said, “I’m just amazed at how far this governor will go to protect his interest and disregard the interest of the people that he has sworn to uphold.”
The other members present in the hearing were Vice Speaker Blas Jonathan Attao and Rep. Donald Manglona.
Checks and balances
The committee later issued the following statement:
“The JGO Investigatory Committee has been tasked to investigate the expenditures of Governor Torres and the information possessed by witnesses, like Ms. Dela Cruz, is critical to this valid legislative function. The concept of checks and balances is well-established, but it means nothing if our committee cannot perform its constitutional duties. Without the ability to investigate and subpoena witnesses, there cannot be separate and co-equal branches of government.
“At a meeting today, the JGO Committee met to consider its response to Ms. Alepuyo’s and Mr. Ross Garber’s letters of October 18 asserting testimonial immunity on behalf of Ms. Alepuyo’s client. Mr. Garber proposed that Ms. Dela Cruz answer written questions propounded by the Committee in lieu of live testimony.
“We have rejected Mr. Garber’s proposal on the grounds that written interrogatories are inadequate and a poor substitute for live testimony and that his assertion of immunity is without foundation in CNMI legal precedent. However, we are attentive to his call to exhaust all remedies before resorting to judicial intervention.
“Without conceding the applicability of any asserted immunities or privileges, we will permit Ms. Frances Dela Cruz to submit an affidavit, under penalty of perjury, that addresses the topics listed within the scope of the subpoena.
“We are making this accommodation in the spirit of comity between the legislative and executive branches. The Committee is emphatically not waiving our authority to lawfully compel Ms. Dela Cruz’s physical presence in the House Chamber. Furthermore, we are not waiving any legislative rights or authorities to find Ms. Dela Cruz in contempt should she ignore our subpoena.
“Indeed, any clarifying follow-up questions from this Committee will be made live in the House Chamber, and we will expect Ms. Dela Cruz to be physically present when requested.
“The Committee expects Ms. Dela Cruz’s responsive affidavit no later than Tuesday, October 26, 2021 at 10 a.m.”
The House Committee on Judiciary and Governmental Operations chaired by Rep. Celina R. Babauta conducts a hearing in the House chamber on Tuesday morning.
