In impeachment trials, witnesses must appear by court subpoena or invitation, and their testimony is subject to cross-examination where they may be confronted with documents to verify accuracy, with the court having authority to determine whether subpoenas are necessary and to manage the presentation of evidence.
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Pag-endorse ng asawa ni Matibag sa impeachment ni VP Sara Duterte, hinalungkat ng Defense | GMA News
Added:Uh this is also part of the records of this case entitled setting forth the articles of impeachment against vice president Sarah Zitto doerte. Um permission to use a pointer your honor.
Now it appears that from this document >> may do so >> that your wife is one of the endorsers of uh this uh house resolution. Can you confirm that?
>> Yes the name is her.
>> It's there. Okay. Now, um there's a signature page also. Uh the pages that this document is not numbered, but uh it appears that it's around page 19. Can you confirm if uh this is your wife's signature?
>> I think I have no authority to confirm the signature even if she is my wife.
>> So, you can confirm the signature of uh your NBI agent but not your wife. It's appear to be her signature but I I I have not confronted with the document so that I can compare it >> at any rate your honor may we allow >> with the with the NBI it's different I was I testified earlier that it was presented to me and I asked him if he signed it and I'm familiar to his signature because he's always making submission to my office.
>> All right that's okay. At any rate, your honor, may we allow your may we request, your honor, that we be allowed to uh submark this particular portion. Uh again, this is already >> we request, your honor, that the witness be confronted first with a document and we request as well that the assisting council for the prosecution be allowed to approach. Assisting council for the respondent may please um confront the witness with a document with the in the presence of assisting counsel for the prosecutor >> before um council correspondent requests it to be marked. Witness will kindly look at the document and answer their question.
>> May I first manifest your honor that the photocopy uh the document being presented to the witness is a photocopy.
Your honor, if at all we we can agree that the court's copy be submarked, your honor.
And uh we [clears throat] request, your honor, that the first page that we showed and uh this signature page uh around page 16 be uh be marked be submarked even at later, your honor, before the third, >> it shall be done at a later time. In the meantime, um, by the oath of respective councils, um, I believe we can rely on this copy, um, subject to, um, confirmation in the marking of the actual copy that the court has and >> of the impeach, you're referring to the impeachment resolution on impeachment, right?
>> Yes, your honor. But uh your honor, in so far as the identification of this witness, we are relying actually on the transmittal by the committee on justice which was received by your office on May 11, 2026. Your honor, >> not by my office but by um the sergeant, the secretary general of the Senate.
Kindly confront the witness with a document so that he may answer um intelligently.
>> If you know only director, your honor, respectfully. by say something director >> in uh in order to save time and the questioning of the defense council I think he's going to the position if my wife endorses the article of impeachment so that we s we save time and it's on record it a matter of public notice yes my wife is one of the endorsers of the impeachment >> um Julie noted council move on >> all right thank you for that uh admission Uh, Director Matibag, and despite that spousal relationship that you admitted, you decided to appear and testify today. Correct.
>> My decision to to to [clears throat] be a witness is by virtue of a subpenade issues by the honorable court and by invitation of the committee on justice, the prosecution. However, the job of my wife as a legislator is totally detached from me being the director of the National Bureau of Investigation.
>> Okay. My next question is, but the court did not issue a subpoena for you to appear today.
Actually, >> are you are you saying that you receive a subpoena despite this honorable court not issuing a subpoena for you?
>> Even if there's no subpoena in the pre-trial order, I was mentioned to be a witness and I was invited by the prosecution to be a witness. And from my understanding, in the pre-trial order, I was also listed by the defense. I may be gladly witness for the defense as well if I will be called upon.
>> All right. But which is which? Are you appearing today by virtue of a subpoena or without a subpoena? I'm appearing today as a witness as called upon and announced by the honorable court and by the invitation also of the >> No, that's not my question. Director Matibag, you're a lawyer. You know this.
Are you appearing today by virtue of subpoena or no subpoena?
>> There's no written subpoena, but there is a verbal announcement from the honorable court that I will be a witness in today's hearing.
>> Your honor, the question of the defense is misleading. It is apparent that last week a subpoena was issued to the witness, your honor. And it is because of the other matters that was heard and addressed by the impeachment court. The schedule of the witness was scheduled to today.
>> Your honor, >> um the objection is overruled. Um first asked and answered and for the record and information of the senator judges um the presiding officer confirms that no subpoena was issued to director Matibug. In fact, I asked if one was needed and um the response I got was that it was not necessary. But indeed, the chair also confirms that the name of director Matibag was requested to be invited by the council for by the prosecutors and he was so named by the presiding officer to attend in um I believe yesterday supposedly and today's um trial dates. Move on council. Just one last uh question on this point. So considering considering that there's no subpoena, I just I'm just wondering how it works. Did you co coordinate with any of the prosecutors in relation to your appearing or appearance in today's proceedings?
>> Well, we conducted uh some meetings on this matter.
>> You mean you mean prior to your appearance to this honorable court uh you met with certain members of the prosecution? Yes, twice when I was informed that I will be a witness uh on the pre-trial order.
>> All right. Uh did you meet with the private prosecutors or the public prosecutors?
>> With the chairman of the committee with the congresswoman Jer >> and you are confirming in open court that um you discussed or you were briefed uh in that meeting uh based in your testimony.
>> Uh >> what was the what? Okay, you can explain.
>> Yeah.
Well, I'm a lawyer and I know where you're going. There was no discussion or coaching. We just discuss matters that supposed to be covered by my testimony because I'm a director. I will be testifying. Of course, they will want to know what will be the nature of my testimony. In the same way that when you want to present me as your witness, I be more than willing to sit down with the defense council.
>> Uh I your honor, I take exception to that. Uh I don't think uh director Matibag knows where I'm going. In fact, I I'm moving on to a new point. Um at any rate, your honor, I don't think we are calling him as a witness. So these are facts that he only he assumes.
>> No, we want to state that for the record. Your honor, >> witness will not argue with the council.
Kindly kindly move on council for the respondent. All right.
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