House prosecutors on Friday defended the marking of evidence during the impeachment pre-trial proceedings, saying it is a routine procedural step and not yet the stage where the court decides whether evidence is admissible.
Speaking during a press conference on June 26, House prosecution panel spokesperson Atty. Benjamin Tolosa Jr. said it was "very unusual" for the defense to object even to the simple marking of exhibits, particularly a sealed Bureau of Internal Revenue (BIR) box that prosecutors intend to use as evidence.
"During pre-trial conference, one of the important things that you do there is the marking of exhibits. Ito ay minamarkahan lang... exhibit A, exhibit B," Tolosa explained.
"The party that wants to mark its evidence has the right to do so. They do not have to explain why they are marking that document as evidence, and the other party does not have the right to prevent that," Tolosa added.
Tolosa said the strong objection to the marking of the sealed BIR box was out of the ordinary.
"To answer your question, very unusual 'yan. Even just the marking of the sealed BIR box was vehemently objected to by the other party," he said.
House prosecution panel spokesperson Rep. Zia Adiong emphasized that the BIR box is a crucial piece of potential evidence in the impeachment case, particularly in relation to allegations of unexplained wealth and the accuracy of Vice President Sara Duterte's Statement of Assets, Liabilities, and Net Worth (SALN).
"Actually, yung sa BIR box po, very important po 'yan doon sa unexplained wealth. This is the only way we can actually explain kung tama ba ang naka-reflect sa SALN na declared asset, declared liability at saka yung legal, lawful income na tinatanggap ng ating Vice President," Adiong said.
He stressed that the pre-trial conference is not the stage where evidence is admitted by the court, but merely where potential evidence is identified and marked in preparation for trial.
"It's not the stage of admissibility ng evidence. Hindi ang korte ang may kapangyarihan para i-admit ito sa yugtong ito," Adiong said.
The lawmaker argued that the defense's vigorous opposition to the marking of the BIR box could be interpreted as a reluctance to allow the contents to be scrutinized.
"So from the very start na ayaw nila, it only speaks to us one thing. Parang takot sila mabuksan itong box na ito. Baka ito yata ang smoking gun. In fact, hindi nga lang ata ito smoking gun—baka mukhang armory na itong box na ito," he said.
Adiong added that the prosecution should be allowed to present its evidence in accordance with Senate impeachment rules, saying objections at the evidence-marking stage may fuel public speculation regarding the allegations of unexplained wealth cited in the Articles of Impeachment.
The impeachment proceedings remain in the pre-trial phase, where both parties identify and mark documentary evidence before the court determines its admissibility during the formal trial.
