(UPDATE) MANILA, Philippines — The 36th day of the impeachment trial of Vice President Sara Duterte hit a snag on Thursday after the House of Representatives' prosecution panel on Thursday asked if the Senate impeachment court would allow the financial analyst to testify as the lawyer who will present the Bureau of Internal Revenue (BIR) witness fell ill, drawing objections from the Defense.
House prosecutor Terry Ridon asked the Senate impeachment court to hear financial analyst Alexander Cabrera first, saying private prosecutor Erwin Matib, who was scheduled to present the BIR witness, was suffering from a minor illness.
“The prosecution just has one request, to present the financial analyst first today because the presenting lawyer for the BIR witness has a slight illness,” Ridon told the impeachment court.
However, defense lead counsel Shiela Sison objected, saying the last-minute switch would unfairly force the defense to adjust its preparations.
“This is unfair for the prosecution to just replace [the] witness at the last minute and expect us to examine the witness today,” Sison said.
She noted that the prosecution has 13 lawyers who could potentially take over Matib’s role.
“It would now seem that the burden of adjusting to this situation is being passed on to us,” Sison said, arguing that the prosecution should find a way to address Matib’s absence without prejudicing Duterte.
Ridon declined to comment further, leaving the matter to the impeachment court.
Senator-Judge and Senate President Pro Tempore Vicente Sotto III appealed the court ruling and moves to suspend session entirely.
Senator-Judge and Senate Majority Leader Juan Miguel Zubiri backed Sotto, saying the court would better appreciate Cabrera’s testimony if the BIR witness were presented first to provide a clearer picture of the financial records.
Zubiri said the BIR witness could be presented by Matib if he recovered or by another member of the prosecution panel.
Senator-Judge Francis Pangilinan, meanwhile, supported proceeding with Cabrera’s direct examination and holding the defense’s cross-examination later Thursday or Friday.
After hearing arguments from both sides and several senator-judges, Presiding Officer Francis Escudero proposed a compromise.
Escudero said the BIR witness must be presented on Friday, whether or not Matib was available.
He also instructed the prosecution to update the court on Matib’s condition by lunchtime.
“On Friday, if Atty. Erwin Matib is still not available, the court expects the prosecution to replace him with another lawyer so BIR can be presented,” Escudero said.
Escudero then granted Sotto’s appeal for an early lunch recess.
The court suspended proceedings and set the resumption for 2:30 p.m. or 3 p.m. If the BIR witness could not be presented, the court would consider an early adjournment for the day.
