Manila: Senate impeachment court presiding officer Francis Escudero on Tuesday permitted prosecutors to proceed with the transfer of exhibit markings, despite objections from the defense team regarding parts of the affidavit submitted by retired police officer Arturo Lasca±as. Escudero emphasized that the administrative marking of these documents does not automatically render them admissible as evidence, indicating that the court would address the defense's objections at an appropriate time.
According to Philippines News Agency, Escudero instructed that the marking and pre-marking of exhibits continue without prejudice, allowing for a final ruling by the chair in open court. The conference for transferring these markings was scheduled for 4 p.m. on Wednesday, Aug. 5, before the impeachment court's clerk. Both prosecution and defense teams were directed to assign lawyers to attend the proceeding. Impeachment court spokesperson Regie Tongol noted that the disputed documents include parts of Lasca±as' affidavit referenced during the testimony of National Bureau of Investigation Director Melvin Matibag.
The defense objected to marking the affidavit, contending that no witness had properly identified or authenticated the document before the court. Lead defense counsel Sheila Sison argued that the document presented was neither signed nor properly notarized, and thus should not be included among the prosecution's marked exhibits. Escudero acknowledged the defense's ongoing objection but stated that the court would ultimately decide the admissibility of the documents once the prosecution formally offers its evidence.
In related proceedings, Escudero ordered a subpoena for Commission on Audit Intelligence and Confidential Funds Audit Office official Xylene Del Campo, valid from Aug. 5 to Aug. 11. The subpoena issuance for Marivic Pareja, an official linked to the House of Representatives' records, is contingent upon the court's decision on the prosecution's motion to take judicial notice of prior House committee hearings. The prosecution seeks the court's acknowledgment of proceedings conducted by the House Committees on Justice and on Good Government and Public Accountability. The defense was instructed to submit either an oral or written opposition to the motion by Wednesday.
The prosecution also plans to submit its list of witnesses for the following week, alongside requests for subpoenas, pending the conclusion of Wamil's testimony and the court's decision on the judicial notice motion. Additionally, the parties remain at odds over 845 acknowledgment receipts dated from Dec. 21 to Dec. 31, 2022. Prosecution counsel Lorna Kapunan suggested a brief recess to allow document comparison, but Escudero denied the request after the defense declined to stipulate on them. The impeachment court convened its 12th trial day with 20 senators present, meeting the quorum requirement.
