Presiding Officer Senator Francis “Chiz” Escudero reminded the House prosecution on Tuesday that Davao City Mayor Sebastian “Baste” Duterte was not the respondent in the impeachment proceedings and directed prosecutors to connect their questioning to the allegations against Vice President Sara Duterte.
The exchange took place during the 31st day of the impeachment trial as private prosecutor Theodore “Ted” Te questioned Baste about a contract for fried chicken meals awarded to GenCorp Industries Inc. for ₱8.4 million.
Te asked Baste whether the approval and award of the contract by Attorney Tristan Dwight Domingo were made in his capacity as Baste’s authorized representative.
“As my representative, yes. Tama po,” Baste said.
Baste also confirmed that Domingo signed the contract pursuant to the delegated authority granted to him by the mayor, which explained why Baste’s personal signature did not appear on the award.
Te further asked whether Baste had delegated the authority to Domingo specifically so he would not have to personally review every document involving city contracts.
“Yes,” Baste replied.
Te said the arrangement allowed Baste to attend to his other responsibilities as Davao City mayor, which Baste also confirmed.
At that point, defense counsel Justin Gular objected, saying, “Asked and answered, Your Honor.”
Te disputed the objection, saying it was the first time he had asked the particular question.
Escudero then intervened and reminded the prosecution to tie its line of questioning to Article II of the impeachment complaint, which concerned allegations involving the Vice President’s alleged unexplained or ill-gotten wealth.
“Actually, forgive me with your indulgence, Attorney Ted. The court has given you enough leeway to ask these questions. Kindly connect it to the article at hand,” Escudero said.
He noted that the prosecution appeared to be trying to establish a conflict of interest in connection with the allegations of unexplained or ill-gotten wealth.
“The witness is not the one on trial here in relation to all of the admissions you're eliciting from him. Kindly move to that already, counsel,” Escudero added.
Te explained that the prosecution wanted to examine Baste about another contract involving a different mode of procurement before connecting the testimony to the article being litigated.
“Yes, Your Honor, but if we will just be allowed to examine the witness [on a] contract relating to the other mode of procurement, Your Honor, and then we will proceed to connect,” Te said.
Escudero allowed the prosecution to briefly continue with the particular subject but reiterated that it should proceed to the main point.
“Understood. With respect to such a short [lease], with respect to this particular subject matter, you may proceed, counsel, and proceed to the main point,” Escudero said.
The exchange underscored the court’s direction that testimony concerning Baste’s role in Davao City contracts had to be linked to the allegations against Vice President Sara Duterte, who remained the respondent in the impeachment case.
