Impeachment court junks move to exclude prosecution’s first witness

MANILA, Philippines — The defense counsel of Vice President Sara Duterte in her impeachment trial on Tuesday attempted to exclude the first witness presented by the House prosecution panel, but was denied by the presiding officer and Senator-Judge Francis “Chiz” Escudero.

During the prosecution’s presentation of its first witness NBI Senior Agent John Mark Calilung, defense counsel Atty. Carlo Navasa raised a motion to exclude the agent from the proceeding—arguing that he was not listed as a witness in the Saballa and Cabrera impeachment complaint.

READ: LIVE UPDATES: Impeachment trial of VP Sara Duterte

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He also argued that Calilung was not included in the Articles of Impeachment transmitted to the Senate impeachment court.

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However, counsel for House prosecutors Atty. Amando Virgil Ligutan disputed the motion, stating that it is not a proper objection as the impeachment trial is already separate from the Saballa and Cabrera impeachment complaint, which he said has “already lived its natural life.”

Furthermore, Ligutan pointed out that Calilung was already previously listed in the pre-trial order.

“The issue is settled. The issue is passé. No ground for objection,” he said.

Escudero then ruled in favor of the prosecution, denying Narvasa’s motion, citing a Supreme Court ruling in Enrile v. Sandiganbayan which stated that prosecutors may add or rely on evidence not stated in the complaint or articles, as only a summary is required to be declared in the Articles of Impeachment.

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“The court, in general, will not shackle the prosecution by limiting it to the evidence mentioned in the information and/or the articles, especially if it’s been mentioned in the pre-trial brief, not only order but brief, of the counsel for prosecutors,” said Escudero.

Tuesday’s proceeding marks the second day of Duterte’s impeachment trial, which is expected to run for 92 days.

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If convicted, Duterte faces possible removal from office and perpetual disqualification from holding any public office. /apl

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