The Senate impeachment court on Monday required prosecutors to submit documents proving National Bureau of Investigation (NBI) Director Melvin Matibag’s overseas engagement before deciding whether to advance his testimony in the trial of Vice President Sara Duterte.
Presiding Officer Francis “Chiz” Escudero directed the House prosecution panel to provide the court and the defense copies of Matibag’s letter, official invitation and travel authority for a regional summit on scam compounds and transnational organized crime involving the U.S. Federal Bureau of Investigation and Royal Thai Police.
“We will presume if you don’t have it, it’s not yet there,” Escudero said, as the court deferred its ruling on the proposed schedule change.
House prosecutor Lorenz Defensor sought to present Matibag after former NBI Cybercrime Division chief Jeremy Lotoc, citing the NBI director’s request to testify at the earliest possible date because of the overseas engagement.
The change would place Matibag ahead of lawyer Zuleika Lopez and Legislative Security Bureau head Executive Director Belinda Bello, who were earlier identified as the prosecution’s succeeding witnesses.
Escudero, however, noted that Matibag was not included in the prosecution’s confirmed witness lineup for the week and had not yet been subpoenaed to appear.
Senator-judge Alan Peter Cayetano opposed allowing government witnesses to dictate the court’s calendar, warning that last-minute adjustments could disrupt the preparations of the senator-judges and the parties.
Senate President Sherwin Gatchalian agreed, saying senator-judges spend the weekend reviewing documents and evidence connected to the witnesses scheduled to testify.
The defense also objected, arguing that the proposed change would violate notice requirements, affect its preparation for cross-examination and set a precedent for surprise witnesses.
Defensor said the prosecution would submit all documents it received from Matibag and furnish the defense with copies.
Escudero said both sides would be allowed to argue their positions before the court resolves the request. (PNA)