Trial resumes with BIR exec's testimony after sick prosecution counsel shows up

MANILA, October 9 ------ The impeachment trial of Vice President Sara Duterte resumed with the testimony of a Bureau of Internal Revenue official, following the arrival of prosecution counsel Erwin Matib, who was absent from the morning proceedings due to an illness.

The prosecution and defense engaged in a heated debate on Thursday morning after public prosecutor Terry Ridon asked the court to allow financial analyst Alexander Cabrera to testify first, replacing the originally scheduled witness, Anne Loraine Garcia-Marquez, BIR Office of the Commissioner Chief of Staff.

Lead defense counsel Sheila Sison objected to the request, saying her team had already prepared to cross-examine the BIR witness. Escudero earlier ruled that the presentation of the BIR official would proceed should Matib arrive in the afternoon. The court took an early lunch break and continued at 3 p.m., with Matib handling the case for the prosecution. “I’d like to sincerely apologize to the presiding officer and to all the senator-judges, as well as to our defense counsel and our witness who has been waiting to testify today,” Matib said.

Before the direct examination, Ridon made a statement on the matter, saying the prosecution did not ask the defense to adjust for it. Sison earlier said it is "unfair for the prosecution to just replace its witness," stressing her team had prepared to examine the BIR official. Ridon also said that the prosecution respects the impeachment court’s decision. “Kaya naman po sinikap namin na paharapin po ang aming handling counsel, kahit meron pa rin po siyang kaunting sakit hanggang ngayon,” he added.

The direct examination stalled after defense counsel Kristine Ferrer objected to the prosecution's request for the BIR's summary of Duterte and her husband, Manases Carpio's income tax records to be flashed on the screen. Trial presiding officer Francis "Chiz" Escudero ruled allowing the summary and table containing information gathered from subpoenaed documents to be shown, "without ruling on the confidentiality or prohibition to show the actual documents." He cited the testimony of a BIR commissioner in the trial of impeached chief justice Renato Corona, where he said the media were allowed to enter and record the proceedings, including copies of Corona's tax records.

The Senate had no screens then, he noted. Garcia’s testimony forms part of the prosecution’s presentation for the second article of impeachment, which accuses Duterte of amassing unexplained wealth, committing Statement of Assets, Liabilities, and Net Worth violations, and failing to divest from business interests. The BIR records were submitted to the court as evidence following a subpoena and President Ferdinand Marcos Jr.'s authorization, as required by the National Internal Revenue Code.

Source: news.abs-cbn.com