Sison tells prosec: Why ask us to adjust if it’s your lawyer who’s sick?

MANILA, Philippines — Lawyer Sheila Sison, Vice President Sara Duterte’s lead lawyer in the impeachment trial, has questioned the prosecution panel for asking them to adjust — to allow the presentation of a forensic financial analyst instead of the originally scheduled witness — when it was a private prosecutor who got sick.

Sison, during the resumption of Duterte’s trial on Thursday, said that it would be unfair if Senate Impeachment Court Presiding Officer Francis “Chiz” Escudero went on with his decision to allow the prosecution to first present financial forensic analyst Atty. Alexander Cabrera instead of the Bureau of Internal Revenue (BIR) representative.

READ: Duterte trial: Sison rejects prosecution’s ‘delatory’ tag on defense

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The prosecution, through public prosecutor and Bicol Saro party-list Rep. Terry Ridon, requested that Cabrera be asked to take the witness stand first as counsel for the prosecution Erwin Matib — who will question the BIR witness — is sick.

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“Ang sinasabi po namin, no’ng pinahayag ng prosecution na ipe-present nila ang BIR ngayon, kami po ay masusi rin namang naghanda, nagpuyat, at sa mga nakaraang araw ay naririto mula umaga katulad din po ng mga miyembro ng korteng ito at ng prosecution,” Sison said.

(What we are trying to say is that when the prosecution said they will present the BIR today, we thoroughly prepared, put off sleep for the past few days even if we have been here since the morning for the past few days, just like members of this court and the prosecution.)

READ: Prosec asks for switch in presentation of witness, defense objects

“Pero para po sabihin, na kami nalang po ang mag-adjust, nand’yan naman po ang BIR witness nila, baka po ang dapat mag-adjust tutal ang concern na ito ay ang cause nito ay hindi naman po respondent, kun’di ang prosecution.  So for us, the more fair na dapat gawin ay the prosecution finds a way out of its own concern nang walang prejudice sa respondent, your honor,” she added.

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(But to say that we should be the ones to adjust, the prosecution’s BIR witness is there, maybe they adjust because these concerns were not caused by the respondent, but by the prosecution.  So for us, the more fair solution is for the prosecution to find a way out of its own concern without prejudice to the respondent, your honor.)

Sison thanked Senator-judge Francis “Kiko” Pangilinan for suggesting that the prosecution be allowed to present Cabrera and then allow the defense to do its cross-examination later on so that they could study first the possible testimony of the forensic expert.

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However, Sison believes that while Pangilinan is only trying to find a way past the predicament caused by the prosecution.

“With due respect the suggestion of the Honorable Senator Kiko Pangilinan, which we also appreciate because it seems that the good senator is also trying to find a way by which we can (be) able to proceed today without wasting any more the time of this court because of this belated notice from the prosecution.  The suggestion of the good senator to us, would seem to be a bit unfair for the respondent,” she said.

“There are […] at least 13 prosecutors, combined public prosecutors and counsel for the prosecution, I suppose that they met over the scope of the direct examination of the BIR witness and the two lead prosecutors of this article are here present today, and any one of them can take charge of the work left,” Sison added.

According to Sison, the defense panel has been composed of the same lawyers who have been present since the start, hinting that they have been also tired and weary but they continue to show up.

“‘Yon pong nakikita niyong mga abogado rito na uma-attend para sa mga respondent ay ito na rin po ‘yon mula day one hanggang ngayon.  But unlike the prosecution, the counsel for respondent ay cannot even rotate, if you noticed, lahat po kami dito, kami na rin po ‘yon mula una, unang araw na paglilitis na ito hanggang ngayon,” Sison said.

(The lawyers you see now attending for the respondent are the same lawyers who have been here since day one.  But unlike the prosecution, the counsel for the respondent cannot even rotate; if you noticed, all of us here have been the ones here from the first day of the trial up to today.)

“Alam naman po namin ang pagkakasakit ay hindi naman inaasahan, in fact, hindi ko na po sasabihin, pero just to address ‘yong sinabi rin ni Congressman Ridon kanina, marami na rin po sa amin who feel unwell, but nandidito kami sapagka’t may trabahong kailangang tapusin at ayaw naman namin na madamay sa aming personal circumstances ang korte circumstances ang korte, at ‘yong inaasahan ng taumbayan na makukuha nila sa paglilitis na ito,” she added.

(We know that sickness is not something you expect; in fact, I don’t want to say this but just to address what Congressman Ridon said earlier, many of us also feel unwell, but we are here because we have a job to finish and we do not want the court to be dragged with our personal circumstances, and the matters expected by the people from this trial.)

Several senator-judges urged Escudero to consider all manifestations, with Senator-judge Vicente Sotto III saying that the trial should be postponed for the meantime.

Escudero agreed, ultimately deciding that the Senate will hold its legislative session first before resuming trial by around 2:30 p.m.  At the resumption, Escudero said the court will call on Ridon to ask whether Matib is available to present the BIR witness.

If Matib is still indisposed and if the prosecution does not elect another lawyer to present the BIR representative, Escudero said they will suspend trial early, and resume on Friday with the BIR witness.

Sison thanked Escudero for considering their stand.  Escudero, meanwhile, said that Sison was able to convince Sotto.

Duterte is being tried before the Senate Impeachment Court over four main allegations.  The prosecution has finished discussing two of the Articles of Impeachment, and is now focusing on presenting evidence for Article II or her alleged unexplained wealth and failure to disclose these in her Statement of Assets, Liabilities, and Net Worth (SALN).

Discussions have shifted to Duterte’s bank accounts, after the prosecution’s witness, Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura, testified on Monday that the council indeed flagged several transactions involving Duterte and her relatives worth P4.4 billion.

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The BIR witness would have testified on the tax declarations of Duterte and her husband Manases Carpio. /jpv