THE affidavit submitted by Gov. Ralph DLG Torres’ executive assistant, Frances “Kai” Dela Cruz, is “unresponsive, unsatisfactory” according to Rep. Celina R. Babauta, the chair of the House Judiciary and Governmental Operations Committee.
Dela Cruz did not show up at the hearing that started at 10:30 a.m. Tuesday, but the committee went ahead “to officially receive” and read Dela Cruz’s 10-page affidavit, which, for the most part, detailed her duties and responsibilities as executive assistant to the governor.
She also provided the committee details of the policies, procedures and practices in processing the governor’s request for travel authorization and reimbursements for his purchases, utilities and travel expenses, including per diem and stipends.
In response to the committee’s inquiries regarding the procedures and practices when entering into contracts, including but not limited to personnel, consulting and legal representations, Dela Cruz stated in her affidavit that she is not responsible for handling or entering into contracts for the benefit of the Office of the Governor, the governor himself or first lady Diann Torres.
Dela Cruz said she is also not responsible for handling or entering into contracts for personnel, consulting or legal representations for the benefit of the governor or the first lady.
Dela Cruz said she processes less than 20 monthly utility billings for the governor’s account. All other utility billings are processed by the special assistant for the governor, she added.
The committee chair, Rep. Celina Babauta, also read the letter of Dela Cruz’s legal counsel, Viola Alepuyo, who said that her client “is caught in the middle of this unfortunate situation, but she continues to unequivocally 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.”
In the spirit of compromise, Alepuyo said, Dela Cruz provided an affidavit, sworn under penalty of perjury responding to the six items in the subpoena.
Not enough
Rep. Donald Manglona said JGO should send Dela Cruz a letter asking her to appear before the committee.
He said there are still many questions that members would like to ask Dela Cruz.
Babauta said the committee has already provided Dela Cruz an opportunity to be as responsive as possible to the subpoena.
As the committee has communicated numerous times to Alepuyo, the governor’s lawyers, Gil Birnbrich and Ross Garber, a written affidavit is no substitute to live testimony because the committee members cannot ask follow-up questions, Babauta said.
She reiterated that the committee will exercise its full authority under the Constitution and Commonwealth laws pertaining to subpoena.
Babauta said Dela Cruz’s affidavit “is, at the very least, unresponsive and unsatisfactory to the questions we have to Dela Cruz relating to her duties and responsibilities as the governor’s executive assistant.”
Rep. Edwin Propst said he appreciates Dela Cruz’s affidavit, but there are follow-up questions that they have to ask her.
He said the affidavit is “very expansive and contains a thorough breakdown of her duties and responsibilities, but I don’t know if this is going to be the tactic of the governor, or his tragedy.”
He noted that the governor has often encouraged the committee to speed up the investigation, “but certainly, this affidavit, while appreciated, is just stalling.”
“I’m ready to move forward and look forward to Dela Cruz appearing before us with her legal counsel,” he added.
Rep. Richard Lizama said he hopes Dela Cruz will not be used as the governor’s “scapegoat.”
The House Committee on Judiciary and Governmental Operations meets on Tuesday in the House chamber.
