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'IT SEEMS LIKE HE IS TESTIFYING'

Defense lawyer Lindon Bacquel asked the Senate impeachment court to strike off the record the remarks of House prosecutor Jay Tolosa regarding the testimony of the defense’s witness on Tuesday, Nov. 10.

Tolosa pointed out alleged discrepancies between the property being discussed and the one previously presented in Matina, Davao City, arguing that the witness could only establish that the properties were within the same barangay. Bacquel objected, saying Tolosa appeared to be testifying rather than making a manifestation. (Video courtesy of the Senate of the Philippines)

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Transcript
00:00We take strong exception to the allegations that the position of the respondent or of the prosecution was falsely and
00:09maliciously done.
00:11That the property reflected in that TSN was not reflected in the SALEN, considering the same as the property discussed
00:20yesterday in Matina-Dabao.
00:22In this property also, there are glaring discrepancies between that property contained in the TSN, let me finish please, and
00:31the property contained in the TSN, which would show that they're completely different properties and there's no way that this
00:39witness could prove that they're the same properties.
00:41All that he could testify to is again, at most, they're in the same barangay.
00:46Attorney Lennon.
00:47Your Honor, can we just move to strike the manifestation of the counsel for the prosecution?
00:55It appears that he is testifying, Your Honor.
00:58Definitely not.
00:59And the terms malicious and falsely made came from the defense, so they cannot expect us to take that sitting
01:07down and not vehemently object to it.
01:10It is part of our offer of testimony.
01:13Which is improper, that's why I'm responding to it accordingly.
01:16It is not improper because we want this Honorable Court to appreciate the testimony of this witness in that light,
01:26Your Honor, and we're stating the fact.
01:28We will just leave the matter to the judicious description.
01:31Same ruling as yesterday, let it remain in the record and subject to a cross.
01:37However, Attorney Lennon, I presume, again, for the understanding of the senator judges and the public as well, may allegation
01:47yung prosecution noon na itong lupang ito covered by TCT ending in 3134 ay hindi dineklara sa salen ng ikalawang
01:57Pangulo.
01:57So, nais mong patunayan sa pamamagitan ng testigong ito na ito'y dineklara sa kanyang salen.
02:04Would that be correct?
02:04That is correct, Your Honor.
02:06And given the stipulation as to the first offer and the qualification of the witness, you may proceed directly to
02:13the point you want to establish so that we can understand it more clearly.
02:19And kindly help us out to remove it from the realm of possibilities to the actual realm of actuality na
02:29ito yung ito nga yun.
02:30Kindly help us see that counsel through this witness.
02:35If indeed that is what this witness will be testifying on.
02:38Understood, Your Honor.
02:39You may proceed, Sir.
02:47You may proceed, Sir.

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