Defense objects to JTC, Pikimong Pikimong corporate documents

The defense on Monday objected to the identification of corporate documents belonging to JTC Group of Companies and Pikimong Pikimong Philippines Corporation, citing an earlier ruling that excluded the two companies from subpoena requests.

On the 27th day of the impeachment trial of Vice President Sara Duterte, the Senate impeachment court is hearing evidence on allegations that she accumulated unexplained wealth, failed to disclose her company ownership interests, and violated the prohibition against engaging in business.

Defense lawyer Justin Nicol Gular objected to the identification and authentication of the corporate documents in a summary prepared by Securities and Exchange Commission (SEC) witness Gerardo del Rosario.

"Before we stipulate, Your Honor, we would like first to object to the identification and authentication by the witness of corporate documents belonging to Pikimong-Pikimong Philippines and JTC Group of Companies," Gular said.

"I believe, Your Honor, and the presiding officer can recall, these were in fact excluded when the prosecution requested subpoenas for bank records and AMLC records pertaining to these documents," he added.

"And the ruling of the presiding officer is that they are irrelevant as there is no established connection between the respondent and these corporations, Your Honor," Gular said.

Prosecution lawyer Erwin Matib, however, argued that the prosecution would establish a connection between Duterte and the two companies.

"Your Honor, although the bank records, AMLA records, and BIR records of the two companies that were just named were disallowed in connection with our request for subpoena, we'd like to establish the connection between the vice president and these two companies through the testimony of this witness. So, the objection is actually premature," he said.

The defense maintained that JTC and Pikimong Pikimong were not mentioned in the Articles of Impeachment against Duterte.

"Number one, these companies were not indicated nor alleged in the Articles of Impeachment, which constitutes as the information in this impeachment trial. But second, Your Honor, we think, for consistency's sake, this honorable court and the presiding officer has already ruled in the matter," Gular said.

"And there's no distinction between bank records belonging to these corporations or corporate records belonging to these corporations," he added.

Senate impeachment court presiding officer Francis "Chiz" Escudero said the prosecution did not need Del Rosario's testimony to establish a link between Duterte and the two companies.

"Actually, you don't need this witness to establish a link. You can simply allege and attach any proof you have pertaining to the vice president's connection with these two corporations in your request for subpoena. And if at all it is presented and shown, you will allow it," Escudero said.

Aside from Del Rosario, the impeachment court also subpoenaed Davao City Mayor Sebastian "Baste" Duterte to testify in Monday's proceedings about the city government's dealings with another corporation allegedly linked to his sister.

'Misleading'

The defense also objected to the presentation of the audited financial statements, saying they were made to appear as though the total amounts belonged to Vice President Sara Duterte.

"The audited financial statements are made to appear as if these figures here belong to the vice president, when these in fact belong to the corporation. Because at the top portion of the page, it says, 'Summary of Vice President Sara Duterte's Shareholdings,'" the defense said.

"But these reports do not belong to the vice president. These are the financial statements of the corporation," he added.

Meanwhile, Senator-judge Alan Peter Cayetano agreed that the documents being presented could be "misleading."

“What is essential to this trial is fairness. If we are going to spend the whole morning and afternoon looking at these documents and the label is incorrect, it will, of course, prejudice the defense and the vice president,” he said.

“If throughout this trial, or throughout this afternoon, the label is incorrect or misleading, what’s worse than a misleading question? It’s a misleading document that will be flashed on all the teleradyo and TV programs all this time,” Cayetano added.

Escudero ruled that the title of the document should be changed.

"I think what should be changed only is the title, because these are facts about the corporation," he said.— MCG, GMA News