Private prosecutor Atty. Erwin Matib defended the prosecution’s use of visual presentations during the 27th day of Vice President Sara Duterte’s impeachment trial on Monday, saying the panel did not intend to misrepresent information despite objections from the defense.
“Your Honor, may I respond to that, considering the accusations are very heavy. Hindi po kami nagmi-misrepresent, Your Honor, and besides hindi po namin tinuloy ‘yung pag fla-flash after ng clarification po ng presiding officer,” Matib said.
Matib made the statement after defense lawyer Justin Nicol Gular accused the prosecution of presenting visuals that were “misleading, unreliable, and misrepresentative” of the records identified by Securities and Exchange Commission witness Gerardo Del Rosario.
Gular raised the issue after some of the visuals presented by the prosecution indicated “no dividends declared,” while the witness had clarified that the records showed “no AFS filed,” referring to audited financial statements.
Matib explained that the prosecution’s presentation was based on information from the company’s General Information Sheets and audited financial statements.
“Malinaw po, ang sabi po ng witness kanina ang pinagbabasehan nila na no dividend declaration ay dalawa, general information sheets at ang audited financial statements. So necessarily, kung wala pong AFS na sinubmit, wala po silang mapagkukuhanan ng information na ‘yon,” he said.
Gular, however, moved to strike the visuals from the record, maintaining that they did not accurately reflect the testimony of the SEC witness.
“This is precisely why we are now moving to strike, Your Honor, given the admissions of the witness upon the inquiry of the presiding officer, it is now clear upon us all that the visuals being presented or used by the prosecution was not only misleading, was not only unreliable, but it was misrepresentative of the records identified by the witness, Your Honor,” Gular said.
The defense lawyer also argued that the presentation could prejudice Duterte because the visuals had already been shown to the public during the proceedings.
“This is unfair, Your Honor, to the respondent Vice President because in the first place, those visuals had already been flashed to the general public who are listening to us,” Gular added.
The exchange occurred as the prosecution continued presenting SEC records and testimony concerning Duterte’s alleged business interests under Article II of the impeachment case.
