Senate President and impeachment court Presiding Officer Chiz Escudero on Monday allowed retired Sandiganbayan Presiding Justice Amparo Cabotaje-Tang to testify as a prosecution witness in the impeachment trial of Vice President Sara Duterte.
Tang is set to testify in connection with Article II of the Articles of Impeachment, which centers on allegations involving unexplained wealth, false Statements of Assets, Liabilities and Net Worth (SALN), and continued business interests.
The ruling came after defense counsel Atty. Mark Vinluan objected to Tang’s presentation, arguing that she was a surprise witness because she was not specifically named in the pre-trial order.
Escudero, however, said the pre-trial order contains a reservation allowing the prosecution to present additional or substitute witnesses as circumstances may warrant.
“The prosecution promised in their pre-trial order they will be presenting 15 witnesses in 12 days. If they want to charge this witness against their 15 witnesses in 12 days, that is totally up to them to decide upon and to, in their discretion and strategy, present any witness they may so present,” Escudero said.
He also noted that a subpoena had already been issued for Tang.
On the issue of Tang’s qualifications as an expert, Escudero clarified that her opinions would not be binding on the impeachment court.
“Although she may be qualified as an expert subject to cross, whatever Justice Cabotaje-Tang will say is not binding on the courts and her opinion is not conclusive upon the courts,” Escudero said.
The presiding officer further said the defense may challenge Tang’s expertise during cross-examination and may present its own witness to dispute her testimony.
Escudero also rejected the need for the impeachment court to make a preliminary declaration on whether Tang is an expert, saying the matter would be addressed through the proper qualification and cross-examination process.
“The court will allow it. The comment of the respondent, rather, counsel for respondent is duly noted,” he ruled.
Despite allowing Tang to testify, Escudero acknowledged the defense’s concern that she was not identified in the pre-trial order.
He therefore gave Vinluan the option to postpone the cross-examination.
The defense may allow Tang to testify on Monday and conduct its cross-examination on Tuesday instead, giving the lawyers additional time to prepare for her testimony and any documents she may identify.
“You can postpone your cross, counsel,” Escudero told the defense.
The ruling clears the way for Tang to take the witness stand as the impeachment court proceeds with the prosecution’s presentation of evidence under Article II.
