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Summary

The transcript details a legal cross-examination where a lawyer is questioned about their actions and the potential negligence in providing a list that could incriminate the Chief Justice. The lawyer, a graduate from ATO law school, defends their actions, claiming they were simply following requests without bias. The questioner, however, accuses the lawyer of gross negligence and potentially incriminating innocent individuals, urging them to consider their responsibilities as a legal professional.

Takeaways

• 😐 The questioning centers on the lawyer's involvement in political activities, specifically volunteering for a president's legal team and working with the Senate staff.
• 🤔 The lawyer acknowledges serving as a volunteer in the presidential campaign and later being appointed to a government position.
• 😕 There is concern that the lawyer did not fully understand or investigate the reason behind certain document requests related to the impeachment of a Chief Justice.
• ⚠️ The lawyer admits to forwarding a list of names from a government database without thoroughly reviewing the names or verifying their relevance to the investigation.
• 😟 The questioning criticizes the lack of a filtering system in the database that could have ensured the accuracy and validity of the data provided, including canceled titles.
• ❓ The lawyer is accused of negligence for failing to recognize that the requested documents might be used to incriminate individuals, including those unrelated to the case.
• 🤨 The judge expresses skepticism and frustration with the lawyer’s lack of oversight, implying that the lawyer’s actions border on gross negligence.
• 📚 The judge cites legal doctrines, emphasizing the importance of exercising reasonable care and caution in official duties, which the lawyer allegedly failed to do.
• 😔 The lawyer’s inaction is viewed as a violation of legal principles, such as honesty, good faith, and justice, leading to potential legal liability under civil law.
• ⚖️ The judge warns the lawyer and the prosecution that they are on the verge of criminal misconduct by potentially incriminating innocent individuals, highlighting the severity of the case.

Q & A

What is the main issue being discussed in this testimony?

The main issue being discussed is the negligence of Attorney Diaz in issuing a document related to land titles, which included names unrelated to the case of Chief Justice Corona, potentially incriminating innocent people.

What role did Attorney Diaz play in relation to the president?

Attorney Diaz volunteered for the president's campaign legal team and later served in his Senate staff before being appointed as the administrator of the Land Registration Authority (LRA) in August 2010.

What was the nature of the document that Attorney Diaz provided, and why is it being criticized?

The document contained a list of land titles associated with people named Corona, including unrelated individuals. It is criticized because it was issued without proper review, potentially implicating innocent people.

Why did Attorney Diaz not review the document more carefully before issuing it?

Diaz claimed that he did not review the document carefully because it was intended for research purposes, and he assumed it was needed by the prosecution team for investigation without realizing the potential for political consequences.

What legal violations is Attorney Diaz accused of in the testimony?

Attorney Diaz is accused of gross negligence under the civil code, particularly under Article 2176 and Article 19, for failing to act with due care and potentially incriminating innocent individuals by issuing the document without thorough review.

What defense does Attorney Diaz offer for his actions?

Attorney Diaz defended his actions by stating that he was not a party to the case and would have assisted the defense if requested. He also claimed that he forwarded the document as requested and did not review it to avoid bias.

What is the significance of the 'traceback system' mentioned in the testimony?

The 'traceback system' refers to a method used by the Land Registration Authority to trace the history of land titles. However, this system included names unrelated to the case, which is part of the criticism against Diaz.

How does the judge view Attorney Diaz's actions, and what test does she use to evaluate them?

The judge views Attorney Diaz's actions as gross negligence and uses the test from the case Picart vs. Smith, which evaluates whether the defendant used reasonable care and caution that an ordinarily prudent person would have used in the same situation.

What are the implications of Diaz’s actions for the innocent individuals mentioned in the list?

The inclusion of unrelated individuals in the list could have serious legal and reputational consequences for them, as they could be wrongfully implicated in a politically sensitive case without any fault of their own.

What potential penalties or legal consequences does the judge mention in relation to Attorney Diaz’s negligence?

The judge mentions that Attorney Diaz could be held liable under the civil code for gross negligence and incriminating innocent people. He is also warned that he is on the brink of potential criminal charges if further evidence of negligence or malice is found.