00:00First and foremost, procedurally, the presentation of retired Justice Amparo Cabotahe Tang is improper.
00:08Your Honor, this is the first time that the Vice President is being confronted with Justice Tang and her testimony.
00:16For the record, she is not listed in the pretrial order as witness,
00:21and there is no reservation for a witness with her designation or background.
00:26So, for all intents and purposes, Justice Tang is a surprise witness which violates fair play and is prohibited under
00:35the rules.
00:36Second, we don't know her personal background, and we don't know the extent of her testimony and the documents that
00:45she will identify, if any.
00:47The prosecution did not even furnish us with copies beforehand,
00:51and this is already the third time that the prosecution has attempted to present a witness without first furnishing the
00:59defense with the materials to be used.
01:01Number three, the notice last Wednesday, September 9, 2026, was only to her name, previous official function, and general purpose
01:12of her testimony.
01:14But upon checking the articles of impeachment, which is the formal charge against the Vice President,
01:22her name and testimony were not even alleged therein.
01:25Therefore, without the proper link of Justice Tang to this case,
01:30and without having been provided in advance with the materials that will be used in her testimony,
01:35we could not have possibly predicted what she will testify on.
01:39Number four, in view of the foregoing, it is our position that the presentation of Justice Tang already infringes
01:48on the Vice President's right to intelligently cross-examine her,
01:53and more importantly, violates the Vice President's constitutional right to due process,
01:59particularly her right to be promptly and completely informed of the nature and cause of the accusation against her.
02:09Number five, substantially, Justice Tang's presentation is likewise improper.
02:16She is not testifying as an amicus curiae, a sanctioned by Section 23, Canon 2,
02:22of the Code of Professional Responsibility and Accountability, or CIPRA.
02:27With all due respect to her, the court never intervened or gave its approval
02:32to her testimony on her expertise or field of specialization.
02:37So for this purpose, she is not a friend of the court.
02:41Number six, in the Philippines, being a legal expert is not an official designation and is quite subjective.
02:50We don't know the extent of her legal knowledge, her political background, whether she is neutral, DDS,
02:59loyalista or kakamping, which is hardly distinguishable nowadays, makabayan, or any other affiliation.
03:06Number seven, most importantly, by asking for her interpretations on legal principles,
03:14she is poised to make conclusions of law that only this Honorable Impeachment Court is allowed to make.
03:23What the prosecution cannot do directly under the subjudice rule,
03:28it can and will do indirectly through the testimony of this witness.
03:34The prosecution will thus circumvent the rules by presenting this witness.
03:41In light of the foregoing, Your Honor, we will move for the exclusion of the testimony of Justice Tang,
03:49and will submit to this court's discretion as to the presentation of her testimony.
03:54Thank you, Your Honor.
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