00:06Transcription by CastingWords
00:30Kung kahapon gusto ng depensa na ipalabas ang mahigit dalawang oras na video ng online press conference ni Vice President
00:38Sara Duterte
00:39kung saan pinagbantaan umano niya si Napangulong Bongbong Marcos, First Lady Lisa Marcos at ating House Speaker Martin Romualdez.
00:48Kanina sa pagpapatuloy na impeachment trial, bahagi na lang ng press con ang ipinalabas habang nakasalang sa cross-examination
00:57ang testigo ng prosecution na si John Mark Calilong, senior agent ng National Bureau of Investigation.
01:04Ipinalabas nila ang bahagi kung saan umalma ang chief of staff ng vice na si attorney Zolaica Lopez
01:11sa plano noon ng camera na ilipat siya sa Women's Correctional.
01:35Kasabay niyan ay ang paghimay ng depensa sa accuracy ng transcript ni Calilong.
01:41Gate ni Calilong, tama ang transcript.
01:44The press conference of VP Sara Duterte, that the transcription of the screen-recorded video of the press conference of
01:52VP Sara Duterte
01:54on 23 November 2024 was faithfully transcribed by you.
01:59Yes, sir.
02:00She said, I am not leaving this room.
02:03I am a detainee here.
02:06Does your transcript have the words, a detainee?
02:10That part that the detainee is unaudible?
02:12Your Honor, please, I am now registering my objection.
02:16How can it be relevant assuming but not conceding that these two minuscule words, detainee and accused,
02:23are not reflected in the transcript when in fact this witness said he investigated not only on the basis of
02:30the transcript
02:30but on the basis of the video that he himself viewed?
02:33Overruled part of cross to test the accuracy and the truthfulness of the witnesses.
02:39Si Senator Judge Riza Ontiveros, tinanong ang depensa kung ano ang plano ng pagpapalabas ng mga ito.
02:46Sinasabi po ba ng depensa na yung mga alleged threats o alleged incitements ni VP Duterte ay prompted nung detensyon
02:59ni Attorney Lopez?
03:01Yes, Your Honor.
03:02There was a systematic oppression made by the House of Representatives.
03:07Even if she was answering the questions faithfully and to the best of her ability, she was cited in contempt,
03:18detained.
03:19Her lawyer was not allowed to be with her when they were trying to detain her in the women's correctional
03:32facility.
03:33A position po ba ng depensa na pwedeng palampasin ng alleged grave threats kung may masasabing lehitimong dahilan para magbanta?
03:49Your Honor, that is not the point.
03:52Dagpaalala si Escudero.
03:54We would like to remind the Senator Judges to be cautious in making counsels for either party make conclusions of
04:03law and fact instead of presenting evidence through a witness they will present or through direct, cross, redirect, or recross.
04:13Because if he answers, that would effectively place on record a conclusion of fact and law, not drawn from a
04:23witness, which they can very well do so during their closing remarks.
04:27Sa cross-examination, sinubukan ng depensa na kwestyonin ang kredibilidad ni Kalilong na naatasang mag-imbestiga sa sinasabing video ng
04:37pagbabanta.
04:54Sa pagtatanong ng depensa, sinabi rin ni Kalilong na hindi kinuna ng NBI ng affidavit ang umano yung mga pinagbantaan.
05:03Ilang personalidad lang daw ang nakunan ng affidavit dahil nakita ang mga pangalan nila sa video.
05:10Nagtanong din si Sen. Judge Alan Peter Cayetano.
05:13In your reports, did you characterize it as a conditional threat?
05:18Kasi kung hindi naman siya pinatay, the logical implication is that there's no threat against the...
05:24So I'm not saying it's not illegal, immoral to contract a killer. It wasn't a conditional in your mind? Because
05:32may kinausap na?
05:34Even with or without, sir, it's still considered a threat as long as the...
05:39But your initial assessment, yung personal mo as an investigator, this is an investigation of the whole NBI, but yung
05:44personal mo?
05:46The threat is absolute, sir.
05:48Pinresenta rin ng depensa ang ilang dokumentong nagpapakita sa ilang komunikasyon ng Justice Department at NBI,
05:55kaugnay sa investigasyon ng kaso, hirit ng depensa.
05:59The NBI investigated and filed the complaint.
06:03The DOJ directed the investigation and will determine whether the case should proceed to court.
06:09And the alleged offended party, President Marcos, is the constitutional head of the executive branch,
06:16exercising control over both the DOJ and the NBI.
06:20I withdraw.
06:30Kung kahapon panay ang pag-object ng depensa, kanina, panay din ang pag-object ng prosekusyon.
06:37Sir, the NBI, of course you're from the NBI, is under the Department of Justice.
06:42Yes, sir.
06:43Your Honor, we can take judicial notice of that.
06:45Your Honor, if...
06:48I'm uncross, Your Honor.
06:49I know, but there are things that may not be discussed.
06:51Your Honor, please.
06:52Can I, Your Honor, please?
06:53Council, let's give him some latitude.
06:55The Secretary of Justice is meanwhile the head of the DOJ.
06:59Correct?
06:59Yes, sir.
07:01It's the Secretary of Justice exercises control and supervision over the NBI.
07:07Yes, but even...
07:09Yo, no more questions.
07:10The witness is answering.
07:11Yes, sir, no. Mr. Witness, if you know.
07:15Can you repeat, sir?
07:15Mr. Witness?
07:16The Secretary of Justice exercises control and supervision over the NBI.
07:21Yes or no?
07:23We are under, sir.
07:25But we're independent.
07:27So you do not know.
07:28Oh, Your Honor, that's argumentative.
07:30So you do not know?
07:31You claimed in your affidavit, sir, that...
07:36Affidavit of investigation, that the NBI began its investigation into the VP's remarks
07:41because it was directed by the DOJ to do so.
07:45Motu proprio and directed, sir.
07:47You're okay.
07:51Do you understand what you just said, sir?
07:53Oh.
07:53Yes, sir.
07:54Can I object to that, Your Honor, please?
07:57I'm asking, sir.
07:58It makes sense, sir.
07:58Argumentative, council.
08:00Move on.
08:01Mutu proprio, sir, means...
08:03Oh, no.
08:04Objection.
08:05You're not lectured, council.
08:06This is cross-examination.
08:07You mentioned mutu proprio.
08:09What does it mean?
08:11Even without a complainant, we started the investigation, sir.
08:14Are you sure, sir?
08:15Oh, argumentative.
08:17Are you sure, sir?
08:18Move on, council.
08:19Are you sure, sir?
08:20Ilang beses na magitan ang presiding officer.
08:23The witness is not a newbie.
08:25I think he can handle himself and would know how to answer if indeed he is familiar or not with
08:32what is being presented to him.
08:33And thus far, he has responded based on his knowledge of these documents.
08:39Chair will allow it.
08:40Ang prosecution, kumpiyansa raw na hindi, nabasag ng defense team ni Duterte ang testimonya ng testigong si Kalilong.
08:49Kaya raw, hindi na sila nag-redirect examination o muling nagtanong kay Kalilong.
08:55Anila, nasagot ni Kalilong ang mga tanong ng depensa kahit nang questioning ang kanyang kredibilidad.
09:01Lahat naman po ng kanilang katanungan ay nasagot ni John Mark Kalilong from questions regarding his training,
09:12questions regarding the investigation he conducted,
09:17and questions regarding the threats which he investigated.
09:21In fact, ang last statement po ni Agent John Mark Kalilong ay yung threats po ay absolute.
09:30Kumpiyansa naman ng depensa na nagawa nila ang target na suriin ang kredibilidad ng unang testigo ng prosecution.
09:37Anila, ito ay para malaman kung may kakayaan siyang magbigay ng testimonya.
09:42Ang sinasabi naman ay siya ay hindi expert but competent witness.
09:46So we were just really, in every cross-examination, we always test the credibility of the witness
09:52to be able to determine if the witness is in fact capable of making the testimonies that he or she
09:58is making.
09:59So that's just part of it.
10:01Pero I don't want to form conclusions because that's for the impeachment court to do.
10:06Sa susunod na linggo, nakatakdang ipresenta ng prosecution ang susunod nilang testigo.
10:13Ako si Sandra Aguinaldo, ang inyong saksi!
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