Senate impeachment court presiding officer Francis Escudero on Tuesday allowed prosecutors to proceed with the transfer of exhibit markings despite the defense’s objection to portions of the affidavit of retired police officer Arturo Lascañas.

Escudero clarified that the administrative marking of the documents would not automatically make them admissible as evidence, saying the court would rule on the defense’s objection at the proper time.

“Let the marking and pre-markings proceed tomorrow without prejudice to a ruling of the chair with finality in open court,” Escudero said.

The conference for the transfer of markings was set at 4 p.m. Wednesday, Aug. 5, before the clerk of the impeachment court.

Both the prosecution and defense were directed to assign lawyers to attend the proceeding.

Impeachment court spokesperson Regie Tongol said the disputed documents include portions of Lascañas’ affidavit that were referred to during the testimony of National Bureau of Investigation Director Melvin Matibag.

The defense objected to the marking of the affidavit, arguing that no witness had properly identified or authenticated it before the court.

Lead defense counsel Sheila Sison also claimed that the document presented during the proceedings was not signed or properly notarized and therefore should not be included among the prosecution’s marked exhibits.

Escudero noted the defense’s continuing objection but said the court would finally determine the admissibility of the documents once the prosecution makes its formal offer of evidence.

Subpoenas, Witness Lineup Await Court Rulings

Escudero also ordered the issuance of a subpoena to Commission on Audit Intelligence and Confidential Funds Audit Office official Xylene Del Campo, valid from Aug. 5 to Aug. 11.

The issuance of a subpoena to Marivic Pareja, an official connected with the House of Representatives’ records, will depend on the court’s ruling on the prosecution’s motion to take judicial notice of previous House committee hearings.

The prosecution wants the impeachment court to take judicial notice of proceedings conducted by the House Committees on Justice and on Good Government and Public Accountability.

The defense was directed to submit an oral or written opposition to the motion by Wednesday.

The prosecution said it would also submit its list of witnesses for the following week, along with its requests for subpoenas, after Wamil concludes his testimony and the court rules on the judicial notice motion.

Hundreds Of Receipts Remain Disputed

The parties also remain at odds over 845 acknowledgment receipts covering Dec. 21 to Dec. 31, 2022.

Prosecution counsel Lorna Kapunan proposed a brief recess to allow the parties to compare the documents, but Escudero denied the request after the defense declined to stipulate on them.

The impeachment court convened its 12th trial day with 20 senators present, constituting a quorum. (PNA)