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Prosecution Atty. Jay Tolosa received a series of objections from the defense team Atty. Sheila Sison on Wednesday, September 2, following a question regarding Gina Acosta’s statement that she “transferred” the confidential funds to Col. Lachica.

Sison raised an objection, asserting that Tolosa’s question was misleading because Acosta did not use the word “transfer” but instead said “disbursed.”

Tolosa tried to reformulate the question but once again received an objection from Sison, who claimed that Tolosa kept questioning Poa about a statement he did not make and called it hearsay, not a declaration.

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Transcript
00:00Would you recall that when asked, SDO Acosta made a similar admission that, for her part, she transferred the confidential
00:18funds of the Office of the Vice President to Colonel La Chica?
00:24Now, I have an objection, Your Honor. Again, the term used was admission, Your Honor, and we all know that
00:30this is a legal term and has legal implications. We ask that the question be reformed.
00:35Can we modify, Counselor?
00:36I will try to choose a word that will be more palatable for the Defense Counsel to avoid further arguments,
00:42Your Honor.
00:42It's not a question of being palatable, Counselor? It's not a question of being palatable, Counselor. Can we reform?
00:49Yes, Your Honor. So, you recall that SDO Acosta stated that she transferred the entire confidential funds of the OVP
01:01to Colonel La Chica, correct, sir?
01:04Also, Your Honor, objection. This is misleading. I recall, and I was here when Gina Acosta testified, the term used
01:13was disbursement.
01:15And in fact, I recall that she repeatedly asserted that she dispersed, not transferred.
01:20Again, we cannot mislead yung mga nanonood sa atin, transfer and disbursement, et cetera, Your Honor.
01:27We can just refer to the TSN if this is something that will help the prosecutor.
01:32The chair confirms that Gina mentioned disburse. That was one of the questions of the chair.
01:38Thank you, sir. Sige. Tagalogin natin para simple.
01:41So, binigay niya yung pera na hawak-hawak niya na confidential funds as SDO, binigay niya ito lahat kay Colonel
01:50La Chica.
01:51Tama ho ba?
01:55I have to ask now, what's the basis of the question? Filipino and English are both allowed to be used
02:03in this proceeding?
02:04You're presuming my ground for objection.
02:07Kindly finish, Attorney Sela.
02:09Yes, Your Honor. The prosecutor is now again asking the witness about the statement that he did not make, Your
02:20Honor.
02:21And I think counsel knows the ground for objection.
02:25This is hearsay. This is not his declaration.
02:29It doesn't matter, Your Honor.
02:30Attorney J, what do you say?
02:34Your Honor, again, that is not the point here.
02:38That is an independently relevant statement.
02:44So, that was already admitted into the records.
02:47And in fact, that statement was given by the witness herself when she was here.
02:55When she was subjected to cross-examination.
02:58Obviously, not hearsay, you know?
03:00She was here and subjected to cross-examination.
03:02Hence, it cannot be hearsay.
03:05I'm sorry.
03:06I'm sorry, Attorney J.
03:07And the question was very simple.
03:09It was just, does he remember that witness stating that answer?
03:15Well, Your Honor, the hearsay rule does not pertain to the original declarant.
03:21It pertains to the witness on witness stand, Your Honor.
03:28Just to get over this, Attorney Powa, you know where he's headed towards.
03:33Kindly just answer the question.
03:38I heard her say that she disbursed the funds to Colonel La Chica.
03:43Okay, thank you, Attorney Powa.

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