LIVE UPDATES: Vice President Sara Duterte’s Impeachment Trial (Day 36)

MANILA — Today is the 36th day of the impeachment trial of Vice President Sara Duterte.

The court continues to hear Article II which accuses the Vice President of unexplained wealth, false SALNs, and continued business interests despite her election in 2022. 

3:32 p.m. – Matib asks for the BIR’s summary on Duterte’s and Carpios’ records to be flashed on the screen. Ferrer objects and asks for a ruling. Escudero declares a brief recess.

3:27 p.m. – Marquez says based on the Certificate of Registration, Duterte’s taxpayer type is registered as “professional” and her primary line of business is “legal activities.”

The witness says this continues to be the VP’s line of business although she has another one, which was not mentioned.

3:24 p.m. – Ferrer comments that the documents are not public documents.

Escudero rules otherwise, says these are public under the Rules of Evidence and subject to cross-examination.

3:21 p.m. – Marquez says the BIR submitted all the subpoenaed tax records and information of Duterte, her husband Atty. Manases Carpio, and identified business entities.

Ferrer comments the documents are not public documents, but Escudero rules they are under the Rules of Evidence, subject to cross-examination.

3:18 p.m. – Part of Matib’s Offer of Testimony is the claim that Vice President Sara Duterte has undeclared cash and assets (shown below).

3:15 p.m. – Matib says Ferrer’s manifestation is already a motion for reconsideration on a previous ruling of the Impeachment Court. He adds it will be useless to have the records and not show these to the public and the court.

Escudero says they will cross the bridge when they get there as Matib has not yet shown anything.

3:12 p.m. – Ferrer says the respondent is not waiving her right to question the legality of the submission of the tax returns before the Impeachment Court.

She asks the court to instruct the prosecution not to flash on screen copies of tax returns and relevant summaries in adherence to the Data Privacy Act.

3:04 p.m. – Trial resumes. Ridon says the prosecution is ready to present the BIR witness, BIR Office of the Commissioner Chief of Staff Atty. Anne Loraine Garcia-Marquez, and that Matib is present. Atty. Kristine Ferrer will represent the defense team.

10:44 a.m. – Escudero says they will have session at 1pm. Trial will resume at 2:30pm or 3pm with the presentation of the BIR witness.  If Matib is still not available and there is no other prosecution counsel to present the witness, then the court will call it a day. Trial goes on recess. 

10:42 a.m. – Escudero says they will yield to the appeal of Sotto and will call an early lunch recess.

10:41 a.m. – Zubiri supports the appeal of Senator-judge and Senate President Pro Tempore Vicente Sotto III to continue the trial after today’s session and have the prosecution present the BIR witness either by Matib, if he gets well, or by another member of the prosecution panel.  Senator-judges Erwin Tulfo and Francis Pangilinan also share the sentiment of Sotto. 

10:35 a.m. – Sison manifests again, says allowing the presentation of Cabrera, who is belatedly disclosed, is asking the respondent to adjust to the situation of the prosecution. She says cross-examination is not the only component of due process and fairness, but also the ability of the respondent to meaningfully and intelligently respond to the comment and questions by the examining counsel. She says, “This is very unfair.”

10:32 a.m. – Escudero rules that direct examination of Cabrera will happen after session today. The cross-examination will proceed tomorrow.  If Matib’s condition improves today, the presentation of the BIR witness will be prioritized.  For tomorrow, before the cross-examination of Cabrera, Escudero instructs the prosecution to conduct the direct examination of the BIR witness whether it be done by Matib or a different prosecutor. 

10:20 a.m. – Senator-judge and Majority Leader Juan Miguel Zubiri says they would be able to appreciate the discussion of the financial analyst if they have a clear picture with the BIR first. 

Senator-judge Bam Aquino suggests beginning the trial at 2pm, after the 1pm session. He says this will give the prosecution time to prepare and have another lawyer do the direct examination.

10:16 a.m. – Sison manifests that the suggestion is a “bit unfair” for the respondent. She points out that there are 13 prosecutors and supposes that anyone of them can take charge of the work left by Matib.  

“It would now seem that ipapasa po sa amin na kami yung mag-aadjust para dito, samantalang naririto po at mukha naman pong kumpleto ang prosekusyon na pinagsanib ng mga public prosecutors at mga pribadong prosecutor,” she said.

“Baka po ang dapat mag-adjust, tutal ang concern na ito, ang cause nito ay hindi naman po respondent kungdi ang prosecution. So for us, the more fair na dapat gawin ay the prosecution finds a way out of its own concern na walang prejudice sa respondent,” she added. 

10:12 a.m. – Senator-judge Francis Pangilinan suggests proceeding with the direct examination of Cabrera and doing the defense’s cross-examination later in the day or tomorrow. 

10:10 a.m. – Ridon says Atty. Erwin Matib, the one who will present the BIR witness, is ill and they will monitor if he can arrive in the afternoon.

10:08 a.m. – Senator-judge and Presiding Officer Francis Escudero says they did not issue a subpoena for financial analyst Alexander Cabrera. Ridon says the witness is at the holding room. Lead defense counsel Atty. Sheila Sison objects to the presentation of Cabrera because he is not the scheduled witness.

10:07 a.m. – House Prosecutor Rep. Terry Ridon requests that the financial analyst be presented first before the witness from the Bureau of Internal Revenue (BIR) because the lawyer who will present the BIR witness is currently unavailable.  

10 a.m. – Day 36 of the trial begins.