Adiong: VP Sara defense's 'general witness purpose' meant to delay impeachment trial — ANC

[0:00] Two points. First, are the parties allowed to have a general or yung generic list yun na walang pangalan, seven representatives? Are they allowed to do that? And second, sir, Congressman Zia, do you think this reinforces yung belief nyo na parang walang ebidensya yung depensa? [0:19] Well, una, talagang yun naman talaga yung nakikita natin sa pre-trial brief nila. In fact, the reason why also the court asked to comment both sides on the pre-trial brief is number one, para masimplify nga yung pag-uusapan. [0:39] If you have their general denial lang and general purpose lang ng mga adopted witnesses mo from the other side, that would indicate to you na talagang hindi lang, wala silang may-provide, but they're actually using this as a tactical maneuvering to delay further, no? [1:00] Not just the actual trial of the impeachment, but to delay itong pre-trial conference natin, which the House of Prosecution do not want because, again, the time of the Senate to proceed with the impeachment court, it's not only a service to the public in terms of, you know, giving them now the venue to understand what are these charges and also for them to see the evidence. [1:28] But this is also a sacred duty for the Senate and we need to, at least, the more practical for the Senate to save more time efficiently to handle the impeachment court, the better. [1:39] So, it only boils down to the issue of our initial observation, talaga, wala talaga silang may offer, walang ebedensya, walang kung sino man pa yung ano, yung mga testigo natin ay gusto pa nilang i-treat also as their witnesses. [2:00] I don't know if it hostile na, you know, or if they will try to present that before the court. [2:06] So, talaga, it really reinforces our belief na wala talagang, wala talaga silang taso na may pakita to counter the allegations as contained under the anticos of impeachment, material evidence, both material and testimonial evidence. [2:24] Okay, Vivian. [2:25] Good afternoon po. Sir, just to clarify, hindi po ba sapat na dahilan yung gusto nilang i-test yung credibility ng witnesses ng prosecution or to disprove yung mga claims po nito para ilista sila dun sa list of witnesses ng... [2:44] That is exactly the purpose of cross-examination. Remember, when we present the witnesses as our own witness, the defense will already have the opportunity to cross-examine them to achieve that purpose, as you've mentioned. [2:57] That's why, as a rule, you cannot recall a witness without proper justification. That's why, before they present these common witnesses, they will still have to justify to the court. [3:08] Why is there a need to recall them? You already had an opportunity to cross-examine them. [3:13] So, will it be accurate to say that the prosecution is objecting to a number of the witnesses of the defense? [3:20] No, we're not objecting at this point. We're just pointing out that you've mentioned at the time that they will present them, they will have to justify why they're being recalled. [3:31] Okay. And then, dito, sir, sa order of presentation, ito po ba ay request pa lang na payagan ng Senate Impeachment Court na ito yung maging order or ito na po yung magiging order of presentation? [3:45] At bakit po unexplained wealth yung last? [3:51] The sequence? [3:52] Yes, the sequence, the order of presentation po ng articles of impeachment. [3:57] Ano po ba ito? Parang, you're just informing the Senate Impeachment Court or are you requesting the Senate Impeachment Court to allow you to change the order? [4:08] Well, we were asked by the clerk, no, regarding the order of the presentation of evidence that we prefer. [4:15] That's why we're complying with that directive. [4:18] But as stated, in our submission, it contains a qualification that, of course, this will be subject to modifications as the impeachment court may find to be appropriate. [4:30] Again, that's apart from the complying with the court's order. [4:33] The House also has the discretion to adopt its own sequence of the presentation of evidence. [4:42] Again, that would also be subject, of course, to the approval of the court. [4:47] But as far as the House prosecution is concerned, sinabi nga kanina ni Attorney Jay, apart from also, apart from the strategy, halimbawa, [4:57] is for the impeachment court to appreciate effectively na hindi gagamit ng sobrang taas ng oras na madelay pa yung korte, [5:08] oras ng korte, in terms of the presentation of evidence. [5:11] Sir, doon lang sa unexplained wealth being the last to be presented na article of impeachment, [5:18] I just wonder, part po ba ito ng strategy? [5:20] Did you want to end strong? [5:22] Kaya yun yung huling article po ninyo? [5:29] Let's not go too much into the strategic considerations at this time. [5:34] Basta kanina, i-reiterate ko lang yung sinabi ni, ano, ni Attorney Jay na, [5:38] it's quite voluminous kasi yung ipapresenta ng mga documents. [5:42] That's why we want to reserve that to the latter part. [5:44] Any other questions? Follow-up? Yes, please. [5:52] Good afternoon po, Kongs. [5:54] Regarding po dun sa reserve witnesses, [5:57] ang prosecution team po ba ay may reserve witnesses from articles 1 to 4? [6:04] You want to answer that? [6:05] Yes po. Yes, yes. We have. We do have. [6:11] So sa pagka-tinalaki na po yung article 1, which is grave threats, [6:15] may reserve witness na po ang prosecution panel? [6:18] Yes po. Actually, every time po na may mga articles and we have also witnesses, [6:24] talagang we expect that the public can expect that the witnesses that would be assigned to this particular article [6:31] will also be presented before the Honorable Court. [6:36] Regarding naman po sa request po ninyo sa impeachment court, [6:39] na i-compel ang defense team na ipaliwanag kung bakit meron silang mga witnesses and evidence adopted from the prosecution team, [6:46] will this hasten the process or will this delay the proceedings? [6:51] So, droid, go ahead. [6:54] To clarify, it's really the request is to direct them to comply with the directives under the guidelines [7:01] to provide clear summary of the intended testimony of the witnesses. [7:07] Again, these are in the guidelines. [7:09] We're just asking them, the impeachment court, to direct them to comply with it. [7:13] And to add also, yes, nakikita isang consideration nyo na compliance with the guidelines [7:21] as well as honoring the process would allow less or even no delay to happen. [7:30] For that to happen, kailangan yung witnesses na i-sasalang sa impeachment court, [7:37] clear po yung purpose kung bakit sila i-sasalang. [7:39] Yung evidence na ipapresent, clear din yung purpose kung bakit sila ilalagay. [7:43] At saka baka hindi ito masabi ni Attorney J, pero ako lang nga tayo makasabi nito. [7:49] And also, for the defense to take seriously this pretrial conference, [7:55] because if it's a request from the court to specifically provide them the summary, [8:02] then we ask the court to also compel the defense to take seriousness about the order of the pretrial, [8:09] the Honorable Court, by providing them specific details and the summary of what they are ought to submit before the court. [8:19] So it also speaks about not just readiness, not just how many the evidence and the case that they have. [8:25] It also would manifest how serious the defense in trying to comply with the guidelines as prescribed by the Honorable Court. [8:35] Just one quick question po. On picturing the presentation of the articles of impeachment, [8:47] paano po yung mangyayari sa mismong trial? Finish all four articles, then decide? [8:51] Or finish one article, then decide? [8:55] That's actually what's required under the rules. [8:58] You have to finish the presentation of evidence with respect to the all articles of impeachment, [9:05] and then that's when the impeachment court will decide. [9:09] So, sir, it's clear, matatapos munang ipresenta yung apat, and then saka sila isa-isang pagdilisyo na. [9:16] You're confident, sir, that all four can get conviction vote? [9:21] Of course. You know, there's, as we all know, there's an overwhelming vote of approval before the articles of impeachment were filed by Congress to the Senate. [9:32] This, none of them would not have been filed if that confidence is not apparent. [9:36] And I think the Senate would also, the decision of the Senate would also rely on the evidence that will be presented by the prosecution team. [9:46] Hindi lang po ang Senado, even the Senate is also being evaluated by the people once the impeachment trial starts. [9:55] Spokes, your confidence that the Senate impeachment court would recognize and accept na lahat po ng mga ebidensya ninyo na nakalap, [10:05] if even those outside the original impeachment complaint would be presented po. [10:10] To give your shortest answer, yes. Thank you, sir. [10:12] And just to clarify, you asked us about their confidence. [10:16] But of course, we do not intend to preempt the decision of the senator judges. [10:24] At the end of the day, that decision falls on them, their exclusive jurisdiction. [10:29] That's the power granted to them by the Constitution. [10:33] Insofar as we're concerned, we will just make sure that we will be able to present a strong case backed by overwhelming evidence [10:44] so that based on this evidence, the impeachment court will rule in our favor. [10:52] Hi, sir. Lance po from Newswatch. [10:55] I'm sure follow up lang po dun sa 62 trial dates. [10:59] Based on estimates po siguro or rough estimates, [11:01] ilan pong araw yung kakailanganin to present your witnesses and evidence dun sa usapin ng unexplained wealth [11:08] because as you've mentioned, this includes voluminous evidence. [11:12] So, mga ilang araw po yun? [11:15] You're hard to say at this point, sorry. [11:16] But definitely, sir, ito po ba yung pinakamagtatagal? [11:21] Hard to say at this point. [11:22] It will depend on the availability of witnesses, documents, etc. [11:26] Yung sinabi po kanina na number of trial days, [11:29] nag-request na si Jinky, no? [11:30] It's just an estimate, no? [11:32] It can be reduced or, you know, depending on, yun nga sabi, [11:36] depending on the flow of the actual trial. [11:39] It's hard really to predict. [11:42] And to also add, as stated in the press conference earlier, [11:46] kaya din namin hinihingi yung reason or rather yung more specific purposes [11:52] kung bakit itong mga witnesses from the defense ay isasalang [11:57] para mas intelligently makapag-decide ang impeachment court [12:01] on the number of trial dates na iga-grant for this impeachment process. [12:06] So, there are more witnesses from the defense na gustong isasalang [12:12] but there are less trial dates. [12:13] So, we'd like to have more information for the appreciation of the court [12:19] and of the Filipino people kung makakaya ba ito doon sa pinuproposed na trial dates.