Senate impeachment court recognizes House hearings

The Senate impeachment court on Wednesday recognized the official existence of House of Representatives hearings and records linked to the impeachment case against Vice President Sara Duterte but ruled that their contents could not automatically be treated as proof.

Presiding officer Francis Escudero granted the prosecution’s motion for judicial notice only to establish that hearings were conducted by the House committees on justice and on good government and public accountability, and that their transcripts, audiovisual recordings, and committee report exist as official records.

“Nothing else is judicially admitted or established,” Escudero said, warning that judicial notice could not be used to place the substantive contents of the House records into the trial record.

He said the ruling did not establish the truth of statements made during the hearings, the accuracy of factual allegations, or the validity of conclusions contained in the committee report.

These matters, Escudero said, must still undergo authentication, formal presentation, and evaluation under the rules on hearsay, relevance, and admissibility.

He added that the defense must be given a meaningful opportunity to challenge evidence and confront the individuals whose statements are being offered against Duterte.

“A witness will not hereafter be allowed to read in open court a third-party statement that is not his or her own,” Escudero said.

Lascañas document remains hearsay

The impeachment court also allowed the transfer of exhibit markings covering portions of a purported affidavit of retired police officer Arturo Lascañas despite the defense’s objection.

Escudero explained that transferring the markings from provisional copies to certified true copies was merely a ministerial act and did not amount to the document’s admission as evidence.

“The transfer does not alter the substance or evidentiary status of the document,” he said, adding that the defense may still challenge the affidavit when the prosecution formally offers it as evidence.

Escudero maintained that the Lascañas document could be used only to show that it came to the attention of the National Bureau of Investigation and formed part of its inquiry – not to prove the truth of the allegations written in it.

He said the document remained unsigned, unauthorized, and not made under oath, with no witness attesting to its execution or contents.

“The contents of the affidavit at this time remain hearsay,” Escudero ruled.

Four witnesses summoned

The court also approved subpoenas for four prosecution witnesses scheduled to testify from Aug. 10 to 12.

They are Xylene May Del Campo of the Commission on Audit Intelligence and Confidential Fund Audit Office; Marivic Pareja of the House Legislative Information Resources Management Department; former Office of the Vice President special disbursing officer Gina Acosta; and former Department of Education special disbursing officer Edward Fajarda.

Escudero directed the issuance of subpoenas requiring their testimony and, when applicable, the production of documents requested by the prosecution.

The impeachment trial was adjourned until 10 a.m. on Monday.

-Wilnard Bacelonia/Philippine News Agency