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Senator-judge Imee Marcos questioned NBI-BARMM regional director Atty. Jeremy Lotoc whether the submitted affidavit containing the subpoena is "defective", and maintained the November 6, 2024, subpoena was an incorrect date, during the impeachment trial of Vice President Sara Duterte on Monday, July 13.

Prosecutor Atty. Amando Ligutan countered and formally objected to the use of the term "defective", however Marcos clarified that the witness himself admitted the error. (Video courtesy of Senate of the Philippines)

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Transcript
00:00Doon sa page 13, sa number 30, at sa mga sumunod, yung mga tinutukoy doon, yung mga media na nandun
00:07sa Zoom conference, hindi naman siya yung ABS na humawak ng camera noong October 18.
00:15Iba naman yung mga tinutukoy doon eh.
00:20Attorney Lutok, the question of the Honorable Marcos is on page 6, paragraph 14.
00:28You said you sent a subpoena on November 6, 2024.
00:33Unfortunately, because the annexes are not part of the document marked, it's not here.
00:37So, the question is quite clear.
00:40If it's a mistake, then what is the correct date of the subpoena?
00:44If I can see the real subpoena, Your Honor.
00:46Can you talk to the mic, please?
00:48Yeah.
00:48If I can see the real subpoena, Your Honor, because the subpoena was signed by our Assistant Director for Investigation
00:55Service.
00:56As I said, unfortunately, it was not attached to your affidavit.
01:00And I doubt if it's one of those marked or pre-marked by the Council for Prosecutors.
01:06As he said and admitted earlier, he did not or they did not mark all of the annexes in your
01:12affidavit.
01:13Yes, Your Honor.
01:13If I may, check ko lang po, Your Honor, para sigurado po.
01:17Wala sa'yo ngayon?
01:19Inaanap ko po rito.
01:20Wala nga pong annexes yanin.
01:22Wala sa annexes at wala rin sa affidavit.
01:25Kasi yung mga media na tinutukoy sa ibang pahina, e yung mga nag-interview nung Zoom conference.
01:32Dito ho yung certified true copy daw, Your Honor.
01:36If I may, Your Honor, please.
01:37Can I assist on this regard, if the court will allow?
01:41Only if you can produce a copy of the November 6th subpoena counsel.
01:45Exactly, Your Honor.
01:46The documents are present.
01:48They are in the possession at present of the witness, Your Honor, please.
01:51They may not have been physically attached to the affidavit investigation, but they do exist in the records of the
02:01case, a separate pre-marked document, Your Honor, please.
02:05So, it's here.
02:07Presiding officer, then, is counsel saying that, therefore, the affidavit is defective or wrongful, and that November 6th is not
02:16the right date?
02:17What, then, is the right date of the subpoena to ABS?
02:19Yes, Your Honor, please, with all due respect, we take, we object to the use of the term defective.
02:28Counsel, we shall know, wait.
02:30Let the document speak for itself.
02:31Yes, Your Honor, please.
02:32If it's there.
02:33The witness is now in the process.
02:33Yes, it was the witness who said that it was a mistake, not me.
02:37I know.
02:38It doesn't make the entire affidavit of investigation defective.
02:42No, I merely said the date was wrong, because that's what he said.
02:45Yes, Your Honor.
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