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Senator-Judge Joel Villanueva questions House Prosecution lawyer Jay Tolosa about the prosecution’s evidence supporting its claim that the properties declared in Vice President Sara Duterte’s SALN are different from those identified in the property records presented during the impeachment trial.

Tolosa argued that discrepancies in the acquisition dates and property values indicate that the properties are different, maintaining that the property covered by the Transfer Certificate of Title (TCT) was not declared in the Vice President’s SALN.

Defense counsel Sheila Sison challenged the prosecution’s argument, pointing out that the prosecution already rested its case and submitted its formal offer of evidence.

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Transcript
00:01and the strongest position to convince us that these are two different properties, Your Honor.
00:10Thank you for that opportunity.
00:12The statement, the admission of the witness himself, which we again, we have to take the witness's candor in answering
00:19our statements.
00:20Our witness stated that the property covered by the subject TCT is not the same as that one declared in
00:27the SAL-N.
00:28They presented witness to disprove that fact, and this witness clearly admitted that he could not say in absolute certainty,
00:36he's not certain that that property disclosed in the SAL-N is the same property declared in the TCT.
00:46The witness confirmed this twice.
00:49So since this is their witness that they presented to disprove our allegation, clearly they were not able to disprove
00:56it.
00:56And aside from his admissions, Your Honor, again, the glaring discrepancies, Your Honor, of the, for example, as we've mentioned
01:05already,
01:06the purchase price versus the acquisition cost, it's clear, again, I've already stated the provisions in the guidelines governing the
01:14filing of SAL-Ns,
01:17which states you should not include in the acquisition cost the taxes and the transfer fees.
01:22And it's clear that these statements from the defense that they should, they would, they could have been included is
01:30nothing more than speculation.
01:33There is no evidence that proves this at this point.
01:35Again, as we've stated, it's only the vice president who could state when she filled up the SAL-N and
01:42swore to it that when she indicated that amount,
01:46she included those transfer fees.
01:48Second, Your Honor, the date of acquisition, there's a glaring discrepancy, 2019 versus, sorry, 2013 versus 2018.
02:00So clearly, these are completely different properties.
02:04And as aptly pointed out by the presiding officer himself, even if you will include this fees, the amount will
02:12still not match the acquisition cost stated,
02:15which only leads to one logical conclusion.
02:19These are different properties, Your Honor.
02:21At kung ito ay magkaibang property, meron na po ba kayong naiisip or sa inyong pananaw, nasaan itong isang property
02:31na ito?
02:36It is for the vice president to know where this property is indicated.
02:41But what we're certain is that this property indicated in the TCT, she did not declare it,
02:49which is a clear violation of the law, of the constitution, which is an impeachable offense.
03:24Thank you very much.
03:26Variation or deviation from the rules that the council on deck should continue all throughout.
03:31But we're not objecting if the court...
03:34Your Honor, may I please be allowed to finish?
03:37No, but I'm just addressing...
03:38Council, I think you know...
03:39Attorney Sheila, kindly, kindly, kindly let the attorney to loss a finish and then we will recognize you.
03:45Thank you, Your Honor.
03:46So again, as I've stated, I'm not objecting if they're asking for an exemption from the rules.
03:53All that we're saying, if this will be allowed, moving forward, of course, we should be also allowed and given
04:00the same concession.
04:02That's all.
04:03Thank you, Your Honor.
04:03Attorney Sheila?
04:04Well, it doesn't seem that the council's not objecting.
04:07The fact that he took the microphone and said something about my taking the podium at this point is by
04:17itself an objection.
04:18But nonetheless, we'll proceed to also address the good Senator Villanueva's query and also in response to the lengthy pontification
04:29of, to borrow his words, of counsel for the prosecution.
04:34Now, they're saying that it's the respondent's burden to prove that these real property declared in Harshalen is not the
04:50same property registered with the city.
04:53That is not what we stated, Your Honor.
04:54Et cetera, et cetera.
04:56Well, to that effect...
04:56Kindly seek recognition before you speak, Attorney Sheila.
04:59I apologize.
04:59Let's allow Attorney Sheila to speak.
05:01Yes, Your Honor.
05:02I will also listen to Attorney Jay to loss when he speaks.
05:07Anyway, Your Honor, to continue.
05:09If that is the contention of the prosecution, and I note that they have already rested their case, they have,
05:16in fact, even submitted their formal offer of evidence,
05:21to which this court had already issued a ruling dated November 5, 2026, on the offer,
05:28then they should have presented, it's very easy for them to just present another set of tax declaration documents,
05:36need of absolute sales, registration documents of the property stated in the salen of the vice president to show that,
05:46indeed,
05:46that is a different property than the ones being identified by this witness or have been identified by this witness
05:56and of the witness yesterday.
05:57But they did not do that.
06:00So this theory really is just something.
06:02It's hair-splitting.
06:04We all know that this is the same property.
06:06Whatever documents, I know he will object, whatever documents or property that this witness and the witness yesterday have identified
06:19correspond to what the respondent had declared in the salen.
06:24But that's the big question.
06:27If the prosecution is confident enough that there is another property existing, not covered by the documents presented by the
06:37two defense witnesses,
06:38they did not present it now.
06:40Why?
06:41Because they know it's the same property.
06:44That's my response.
06:46You understand me?
06:48Both to the query of the good Senator Villanueva.
06:51And of the counsel for the prosecution.
06:52General, before we proceed there, maybe you need to respond first, please, with the permission.
06:56Again, again, again, Attorney Lozo, this is not a debate between the counsels.
07:00This is only a response to questions posed by Senator Judges.

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