The defense of Vice President Sara Duterte on Thursday objected to the prosecution’s request to change the order of its witnesses after private prosecutor Erwin Matib, who was supposed to conduct the direct examination of a Bureau of Internal Revenue (BIR) witness, reportedly fell ill.

The development disrupted proceedings on the 36th day of Duterte’s impeachment trial, with the prosecution seeking to present another witness instead.

Lead defense counsel Atty. Sheila Sison opposed the move, saying the defense had prepared specifically for the BIR witness after the prosecution announced that the witness would testify on Thursday.

Sison argued that it would be unfair to immediately require the defense to cross-examine a different witness, particularly since the substitute witness had not yet been subpoenaed.

She also pointed out that the prosecution has several public and private lawyers who could potentially take over Matib’s role.

“The suggestion would now seem that ipapasa po sa amin yung nangyari ngayon na kami yung mag-a-adjust,” Sison told the impeachment court.

Sison said the defense had also spent the previous days preparing for the BIR witness and should not be made to bear the consequences of a scheduling problem on the prosecution’s side.

“For us, the more fair na dapat gawin ay the prosecution finds a way out of its own concern ng walang prejudice sa respondent,” she said.

Sen. Francis “Kiko” Pangilinan had earlier suggested that the prosecution proceed with the direct examination of the substitute witness Thursday morning, with the defense conducting cross-examination after the Senate’s regular session at 1 p.m. or on Friday morning.

The impeachment court ultimately suspended proceedings early Thursday and scheduled a possible resumption at around 2:30 or 3 p.m.

The Senate is set to hold its regular session at 1 p.m.

If the prosecution is ready to present the BIR witness when the impeachment trial resumes, proceedings will continue. If it is unable to do so, the court is expected to adjourn for the day.

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