PRIVATE prosecutor Atty. Lorna Kapunan said the Senate Impeachment Court’s ruling affirming the admissibility of key evidence presented by the House prosecution panel leaves the defense team of Vice President Sara Duterte with no reason to avoid addressing the evidence when the trial resumes on Monday, November 9.
Kapunan, a member of the prosecution team, welcomed the impeachment court’s ruling rejecting the defense’s general objections to the admissibility of evidence presented in connection with Article II of the Articles of Impeachment, describing the decision as timely and logical.
The Senate Impeachment Court overruled the continuing objection raised by the defense panel on the non-attachment of the exhibits to the Articles of Impeachment and on the acquisition of evidence through subpoenas issued by the court.
In its objection before the court, the defense team of Duterte branded as a fishing expedition the move of the prosecution to secure evidence through the issuance of subpoenas by the court.
“Yung order on admissibility of our evidence, ang magandang nangyari diyan, in-admit lahat ng evidence ng prosecution ng presiding officer. So yun ang dalawang orders ng presiding officer at wala nang obstacle para magprisinta dapat ang defense,” Kapunan also said.
A seasoned lawyer, Kapunan explained that the evidence need not be attached to a complaint in legal proceedings, in this case, the Articles of Impeachment.
“Ang isang impeachment complaint, alam natin lahat niyan, hindi naman kailangan lahat ng ebidensya ay i-attach sa complaint. Because a complaint must only have what is called ultimate facts. Ultimate facts: who, what, where, when,how. Ultimate facts lang ang isang impeachment complaint,” Kapunan said.
“Yung mga dokumento na prinesenta, ang tawag diyan ay evidentiary facts, evidence. So, sabi ng presiding officer, hindi naman violation yan na hindi in-attach lahat ng documents. Nakita niyo naman, we had how many boxes? Yan bang 52 boxes namin of evidence, i-a-attach sa complaint?” she added.
With regard to the complaint by the defense about the prosecution being engaged in a fishing expedition, Kapunan pointed out that the issuance of subpoenas is part of the process in court proceedings.
“That is the nature of the beast. Yan ang ibig sabihin ng subpoena. Mag-produce kayo ng dokumento para malaman natin kung totoo man or hindi ang alegasyon ng prosecution. So it is not a fishing expedition, it is within the power of the impeachment court to issue subpoenas to produce documents,” Kapunan said.
Even the financial documents and records of Duterte before she assumed the vice president position were also admitted by the impeachment court, which Kapunan explained was to establish a baseline on her income and net worth.
During its presentation of witnesses and evidence, the prosecution produced records of the investments made by Duterte over the years.
“So all the records have been admitted. All the evidence, testimonial and documentary, has been admitted by the impeachment court through the presiding officer,” Kapunan said.