PASAY CITY, Philippines — The defense team for Vice President Sara Duterte argued on Thursday, October 8, that the prosecution panel should adapt to the sudden absence of its scheduled witness counsel rather than expecting the respondent to adjust.
The argument was raised by Atty. Sheila Sison, lead defense counsel, after House prosecutors requested permission from the Impeachment Court to present financial analyst Alexander Cabrera out of order. The prosecution sought the switch because Atty. Erwin Matib, the lawyer assigned to handle the testimony of a Bureau of Internal Revenue (BIR) witness, had reportedly fallen ill.
Sison strongly objected to the substitution, pointing out that Cabrera was not scheduled to take the stand on Thursday and that notice of his presentation came late.
“We don’t know if this belated notice, ultra-belated notice, will suffice to afford the respondent the opportunity to prepare for their supposed forensic financial analyst,” Sison said.
“This is really unfair for the prosecution to just replace its witness at the last minute and expect us to examine that witness today,” she added.
Sison argued that changing the sequence would unfairly force Duterte’s legal team to shoulder the burden of a situation caused by the prosecution.
“It would now seem po na ipapasa sa amin na kami yung mag-a-adjust para dito, samantalang naririto po at mukha naman pong kumpleto ang prosekusyon na pinagsanib ng mga public prosecutors at mga pribadong prosecutor,” Sison said.
She emphasized that with 13 attorneys on the prosecution panel, another lawyer could step in to replace Matib.
“Baka po ang dapat mag-adjust, tutal ang concern na ito, ang cause nito ay hindi naman po respondent kundi ang prosecution,” she said.
“So, for us, the more fair na dapat gawin ay the prosecution finds a way out of its own concern na walang prejudice sa respondent,” Sison added.
House Prosecutor Rep. Terry Ridon declined to comment further on the matter and deferred the issue to the court’s discretion.
Earlier in the proceedings, Presiding Officer and Senate President Francis “Chiz” Escudero noted that no subpoena had been issued for Cabrera. Ridon informed the chamber that Cabrera was already waiting in the holding room, requesting that his direct examination proceed while the panel monitored Matib’s status.
Escudero initially ruled that direct examination of Cabrera would follow Thursday’s session, with cross-examination scheduled for Friday. However, he specified that should Matib recover during the day, the BIR witness would take priority. For Friday’s schedule, Escudero instructed the prosecution to proceed with the BIR witness first before allowing cross-examination for Cabrera, leaving it to the prosecution to assign a lawyer.
Maintaining her stance, Sison stressed that the issue extended beyond mere cross-examination schedules to fundamental due process, asserting that the defense required adequate time to formulate an intelligent response.
“This is very unfair,” Sison said.
While recognizing the court’s objective to maintain momentum, Sison argued that efficiency should not compromise the defense’s constitutional right to prepare. She proposed that the prosecution move forward with the BIR witness’s direct examination and allow the defense to conduct its cross-examination on Thursday as originally planned.
Day 36 of the impeachment proceedings went into recess following Escudero’s directive that the trial would resume with the BIR witness. Escudero noted that if Matib remained unavailable and no alternate prosecutor could present the witness, the court would adjourn for the day.
The dispute occurred as the Senate continues to receive prosecution evidence against the Vice President.