The defense panel of Vice President Sara Duterte on Tuesday questioned the validity of the affidavit attributed to self-confessed former Davao Death Squad (DDS) member Arturo Lascañas, arguing that the document presented during the impeachment trial lacked proper signatures and notarization.
During the eighth day of proceedings, defense counsel Atty. Martin Vinluan objected to the use of the affidavit, claiming that the copy presented before the Senate impeachment court could not be considered a valid sworn statement.
“It's a mere scrap of paper, Your Honor,” Vinluan said, pointing out that the document allegedly contained a printed signature and did not have proper notarization.
“Such document is unsigned and unnotarized, Your Honor. This is an affidavit. So in other words, without the proper notarization and without the proper signature, then it is a mere scrap of paper,” he added.
Vinluan argued that the NBI should not be allowed to rely on the document as a basis for testimony, saying the witness should not build his statements on an allegedly defective affidavit.
“Then we will not allow this witness to build on the basis of a mere scrap of paper, Your Honor,” he said.
Lead prosecutor Rep. Gerville Luistro clarified that the affidavit was not being presented to prove the truth of its contents but only to confirm whether the document was among the materials reviewed by the NBI’s Special Task Force during its investigation.
“The document is being presented only to seek confirmation from the witness that he is referring to this particular document as part of the investigation of the Special Task Force," Luistro said.
Presiding Officer Senator Francis “Chiz” Escudero noted that the prosecution had chosen to present a particular copy of the document, suggesting that another version previously marked may contain more complete details or certification.
Vinluan maintained the defense’s position that any affidavit must comply with legal requirements before it can be relied upon in the proceedings.
The Senate impeachment court continues to examine evidence related to the allegations against Vice President Duterte, including claims involving alleged grave threats and other accusations stated in the impeachment complaint.
