Metro Manila, Philippines – The impeachment trial of Vice President Sara Duterte faced delays on Thursday, Oct. 8, after the prosecution said the lawyer assigned to present its Bureau of Internal Revenue (BIR) witness was sick, leading to a dispute over whether another witness should testify first.
The prosecution asked the impeachment court to allow forensic analyst Alexander Cabrera to take the witness stand ahead of the BIR witness.
Presiding Officer Francis Escudero initially considered the request, but the defense objected, saying Cabrera was not the scheduled witness and that the change would unfairly require Duterte’s camp to adjust to the prosecution’s situation.
“Ang cause nito ay hindi naman respondent kundi prosecution [It is the prosecution that caused this not the respondent]. For us, the more fair [thing] to do is the prosecution finds a way out of its own concern nang walang prejudice sa respondent,” lead defense counsel Sheila Sison said.
Sison pointed out that the prosecution had about 13 lawyers, including public and private prosecutors, and argued that another member of the team could take over the work of prosecutor Erwin Matib, who was supposed to present the BIR witness.
“The suggestion would now seem na ipapasa po sa amin na kami yung mag-adjust para dito, samantalang naririto po at mukha naman pong kumpleto ang prosecution,” Sison said.
Sison also acknowledged that Matib’s illness was unexpected but said members of the defense had likewise continued attending proceedings despite feeling unwell.
Private prosecutor Jay Tolosa defended the request, saying the defense had known since last week that both the BIR witness and Cabrera were scheduled to testify this week. He also said the defense received Cabrera’s expert report on Saturday.
“Hindi accurate yung pinapalabas na ginugulat sila dito… di lang talaga maiiwasan ‘yong nangyari [It is not accurate that they are making it appear that they are surprised… what happened is inevitable] ,” Tolosa said in an interview.
He said the prosecution only sought to move Cabrera ahead because Matib, who had prepared to present the BIR witness, fell ill.
“Ang importante pipilitin ni Atty. Matib makapunta ngayong araw para di masayang ang araw [What’s important is Atty. Matib will strive to preset for today so that the day will not be wasted],” Tolosa said, adding that the BIR testimony involves technical documents that he had specifically prepared to present.
He also said the prosecution had respected the defense’s request for additional preparation time before the AMLC witness testified and argued that the same consideration should apply now without portraying the prosecution as unprepared.
Escudero ultimately ordered that the BIR witness be prioritized if Matib could appear or another prosecution lawyer could take over. Cabrera’s direct examination would follow, with his cross-examination set for Friday.
If Matib remained unavailable and no other prosecution lawyer could take over on Thursday, Escudero said the court would adjourn for the day.
The prosecution committed to have another lawyer present the BIR witness on Friday if Matib would still be sick.
“Iba kasi yung pag-presenta ng witness as opposed to making oral arguments, itong manifestations [Making oral arguments and manifestations is different to presenting a witness],” Tolosa said, explaining that a replacement prosecutor would at least have overnight to prepare for the testimony.
