Defense claims witness' missing affidavits during cross-examination — DZMM (08 July 2026)

[00:00:00] Speaker 1: I'm showing you now a letter dated January 30 from the former NBI director Jaime Sanchago. [00:00:24] Speaker 2: I have to object to your honor, please. You know, the defense has been confronting this witness with documents, even without marking and identifying the source of these documents. It's like plucking out of thin air a document, presenting them the document to the witness and withdrawing the document without even introducing these pieces of evidence, these pieces of exhibits into evidence. So my question is, through the presiding officer, is the defense not entering these documents into evidence, your honor, please? [00:01:01] Speaker 3: They can do so at the proper time, counsel, but insofar as the witness is concerned, I think the basis was laid when he said that he executed only one affidavit of investigation in connection with this case. Now it seems that there are two affidavits, both of which have not yet been presented. One will be presented, I think, by Attorney Lotok. The first one, we're not aware of it. Is that correct, counsel for the respondent? [00:01:30] Speaker 1: Your honor, he just identified a copy of the affidavit of investigation. Dated June, January 30th? February, April 10th, 2025. [00:01:40] Speaker 3: April. [00:01:41] Speaker 1: February 10th. Sorry, February 10th. [00:01:43] Speaker 3: February 10th, your honor, please. What about the first affidavit? The witness said they had the first affidavit. [00:01:48] Speaker 1: Yes, your honor, not yet. [00:01:50] Speaker 3: Not yet? Yes. I only cited a January 30th letter. Yes, your honor. Of the former NBI director. [00:01:58] Speaker 1: I cited, your honor, a certification by the DOJ returning an affidavit. [00:02:05] Speaker 2: And that is now the problem, your honor. In fact, even I am confused because the documents are not introduced into evidence by the defense. [00:02:14] Speaker 3: Counsel, please proceed and kindly help the court to be clarified regarding this matter. Thank you. [00:02:20] Speaker 1: You mentioned that you, you mentioned that you were aware that the then director retired Judge B. Sanciago wrote to the office of the prosecutor general submitting a revised affidavit of investigation on February 11th, 2025. I'm showing you now that letter dated February 11th, 2025. For the record, this is exhibit D-4-43. [00:03:06] Speaker 2: Of... [00:03:08] Speaker 1: For the defense. [00:03:10] Speaker 2: For the defense. You mean pre-marked? Pre-marked. Because when you say marked as evidence for the defense, it's not yet. It's not yet. Your turn has, I mean, you have yet to present your exhibit. So it should be pre-marked, your honor, please. [00:03:29] Speaker 3: No, it's pre-marked. And I believe both the defense and the, rather the respondent of the prosecution also have common pieces of evidence which you decided during pre-trial. This is not one of them. Which you decided during pre-trial to be marked separately. [00:03:41] Speaker 2: One of those few common piece of evidence. [00:03:44] Speaker 3: Yes, there are a few. Sir. [00:03:46] Speaker 1: Please proceed, counsel, for the respondent. Witness the answer. There is a signature above the name Judge Jaime B. Sanciago. [00:03:54] Speaker 2: Your Honor, now I would like to object to the relevance. A letter is being, the witness being confronted with a letter coming from the former NBI Director Judge Jaime B. Sanciago. And this witness is now being asked to identify whose signature is that. That's obvious. [00:04:13] Speaker 3: I'll allow it conditionally if you can show the relevance in so far as your ability to test the credibility and the accuracy of the witness is concerned. In the meantime, I'll allow it kindly show the connection, counsel. Thank you. Sir. [00:04:24] Speaker 1: Whose signature is this? [00:04:27] Speaker 4: As far as to remember, signature of directors and chapters. Thank you. [00:04:48] Speaker 1: On the last line of the letter, on the fourth page, sir. Please take a look. Last line. It says, and I quote, "To support our recommendations attached herein is the revised affidavit of investigation, including its attachments." Did you see that, agent? Yes, sir. Thank you. And you confirmed that the November, the former NBI Director Jaime Sanciago wrote to the Prosecutor General, Richard Anthony de Fadulion, a letter dated February, January 30, 2025. This is one of the documents that you submitted to the Committee on Justice, correct? Okay, I will show you now. May I have this flashed on the screen? May I have this flashed on the screen? [00:05:51] Speaker ?: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:06:20] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? [00:06:22] Speaker 4: May I have this flashed on the screen? May I have this flashed on the screen? [00:06:24] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? [00:06:26] Speaker ?: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:06:31] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:06:38] Speaker 2: May I have this flashed on the screen? [00:06:39] Speaker 1: May I have this flashed on the screen? [00:06:40] Speaker 2: May I have this flashed on the screen? [00:06:41] Speaker ?: May I have this flashed on the screen? [00:06:42] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:06:51] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:07:10] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? [00:07:12] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:07:17] Speaker ?: May I have this flashed on the screen? [00:07:18] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:07:29] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:07:33] Speaker 3: May I have this flashed on the screen? [00:07:34] Speaker 1: May I have this flashed on the screen? [00:07:35] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:07:38] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? I have this flashed on the screen. [00:07:56] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:08:59] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:09:18] Speaker ?: May I have this flashed on the screen? [00:09:19] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? [00:09:21] Speaker ?: May I have this flashed on the screen? [00:09:22] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:09:32] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:09:37] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:09:42] Speaker 2: May I have this flashed on the screen? [00:09:43] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? [00:09:45] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:03] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:06] Speaker ?: May I have this flashed on the screen? [00:10:07] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? [00:10:09] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? [00:10:11] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? [00:10:13] Speaker ?: May I have this flashed on the screen? [00:10:14] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:20] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:26] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:31] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:38] Speaker ?: May I have this flashed on the screen? [00:10:39] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? [00:10:41] Speaker ?: May I have this flashed on the screen? [00:10:42] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:10:57] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:11:00] Speaker 2: May I have this flashed on the screen? [00:11:01] Speaker 3: May I have this flashed on the screen? [00:11:02] Speaker ?: May I have this flashed on the screen? [00:11:03] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:11:15] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:11:37] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:11:54] Speaker ?: May I have this flashed on the screen? [00:11:55] Speaker 4: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:12:14] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:12:18] Speaker ?: May I have this flashed on the screen? [00:12:19] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:12:22] Speaker ?: May I have this flashed on the screen? [00:12:23] Speaker 1: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:12:34] Speaker 2: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? [00:13:03] Speaker 3: May I have this flashed on the screen? May I have this flashed on the screen? May I have this flashed on the screen? I think the witness understood the question. Mr. Kalilong, you may answer if you understand the question. I will repeat the question. Kindly repeat, counsel. [00:13:16] Speaker 1: Thank you, Your Honor. There is still no affidavits of the journalists from media outlets appended on your revised affidavit of investigation. May I qualify for an answer? No, sir. Just answer a yes or no. [00:13:30] Speaker 3: Kindly look at the document presented to you. Unredirect counsel can make you explain the disparity, if any. The question is simple. Are the affidavits attached to the affidavit of investigation? [00:14:03] Speaker ?: May I see the question number six? Your Honor, my question does not relate to the question number six. Kindly show the witness counsel. I will enable him to give an intelligent answer to you. Can you please slash certification and put it to paragraph number six. Paragraph number six. [00:14:26] Speaker 1: The paragraph number six states that only the minutes of meeting with several [00:14:35] Speaker 3: personalities and representatives from various media outlets were submitted. [00:14:42] Speaker 1: Although the minutes were signed. Although the minutes were signed, there were no individual affidavit executed regarding [00:14:49] Speaker ?: the content of the minutes. [00:14:50] Speaker 4: Okay, sir. I have no question. So the answer is the affidavits are not attached? I have executed an affidavit, sir. [00:14:54] Speaker ?: No, the affidavits of the two journalists are not attached. [00:14:54] Speaker 4: I think that's the only question of counsel for the respondents. Thank you, Your Honor. Instead, sir, as you confirmed, what is the only question of the counsel for the respondents? Yes, sir. I have no question. I have no question. So the answer is the affidavits are not attached? I have executed an affidavit, sir. No, the affidavits of the two journalists are not attached. I think that's the only question of counsel for the respondents. Yes, sir. [00:15:05] Speaker ?: Thank you, Your Honor. [00:15:05] Speaker 3: Instead, sir, as you confirmed, what you appended to the affidavit of investigation are affidavits of NBI agents. [00:15:10] Speaker 4: Correct? Yes, sir. [00:15:12] Speaker 3: I have executed an affidavit, sir. No, the affidavits of the two journalists are not attached. I think that's the only question of counsel for the respondents. [00:15:17] Speaker 1: Yes, sir. [00:15:18] Speaker ?: Thank you, Your Honor. [00:15:23] Speaker 1: Instead, sir, as you confirmed, what you appended to the affidavit of investigation are affidavits of NBI agents. Correct? Yes, sir. Not the journalists who were present during the November 23, 24 press conference. [00:15:42] Speaker 4: The one who interviewed, sir. [00:15:43] Speaker 1: Yeah, the one who interviewed. [00:15:45] Speaker 4: Not the journalists. Yes, sir. Ask and answer, Your Honor.