Pia Cayetano vs Gerville Luistro | GMA News

[00:00:00]Do you consider Lascañas an important um witness for you?

[00:00:05]For the prosecution?

[00:00:06]>> With all due respect, Your Honor, the purpose of the testimony is to present what transpired during the investigation of the special task force.

[00:00:18]As to whether or not what probative value it holds, it is not part actually of the decision of the prosecution. As what we are intending to do here is to present only what happened during the investigation of the NBI, Your Honor.

[00:00:43]>> Um Mr. Presiding Officer, the rules of evidence are very clear.

[00:00:47]You either present a witness who provides her testimony or you present a document. And in terms of documents, Rule 132 sec- Rule 132 Section 19 says there are two classes of documents, public documents and private documents.

[00:01:05]Included in public documents are documents acknowledged before a notary public.

[00:01:10]The pinakita document is not acknowledged by a notary public.

[00:01:15]Pwede naman din ang private documents as the other class.

[00:01:18]If it can be shown and authenticated in any in any of the following manner.

[00:01:26]The person saw the document executed or written.

[00:01:29]Nakita ba ng witness mo na sinulat 'yon?

[00:01:32]Nakita ba niya?

[00:01:34]>> Your Honor, we can >> answer my question.

[00:01:38]>> No, Your Honor.

[00:01:39]>> Uh the next the next uh manner of authenticating by evidence of the genuineness of the signature or handwriting of the maker.

[00:01:46]The defense said niwalang original signature doon.

[00:01:51]Do you disagree with that?

[00:01:53]>> We don't, Your Honor.

[00:01:54]>> Okay. And the third, by other evidence showing its due execution and authenticity. Did you provide?

[00:02:01]>> No, Your Honor.

[00:02:01]>> Okay, so simply Mr. Presiding Officer.

[00:02:06]They're trying to prove something by showing a document that any law student the procedure will tell you not Hindi acceptable yarn.

[00:02:22]And with all due respect, again, I will not name names.

[00:02:28]We had a discussion in caucus now you cannot unsee what you see. You cannot unhear what you hear.

[00:02:36]So do your job and present the proper witness and the proper documentation to do that. Do your job. I'm addressing this Mr. Mr. Presiding Officer to ask a body to say Hindi time yarn. The decision time yarn.

[00:02:56]You warn us better.

[00:03:00]We know marking some markings.

[00:03:04]What's the purpose of all that?

[00:03:07]>> May I respond, Your Honor?

[00:03:10]>> Not really.

[00:03:11]>> I don't believe there was a question.

[00:03:12]>> answered I I already asked you the questions and you had a chance to respond.

[00:03:16]Yes.

[00:03:17]>> There was no question posed there. I was >> There's none. Yes.

[00:03:19]>> telling the lead prosecutor.

[00:03:21]>> I move to my next point, Mr. Presiding Officer.

[00:03:30]Our jurisprudence is very clear. No, a witness must be competent and credible.

[00:03:43]Um but there is also a also included in our rules rule 132 on the rules of evidence.

[00:03:52]And I'll read it. A witness may be impeached by the party against whom he or she was called by contradictory evidence, by evidence that his or her general reputation for truth, honesty, or integrity is bad.

[00:04:06]Or by evidence that he or she has made at other times statements inconsistent with his or her present testimony.

[00:04:13]So, this is the rules now see guru we can well, I'm reading the rules so can take we can take uh notice of this that this is what our rules say and I don't think anyone will contradict that.

[00:04:28]Again, there are lots of cases supporting this.

[00:04:33]So, just want to point out um Mr. President that just looking for my notes.

[00:05:14]Sorry with the indulgence of the body.

[00:05:15]I'm just looking for my notes because I want to be accurate in my um my the next statement that I'm going to read into the record.

[00:05:39]>> If the lady cannot locate it, she may avail of her time again tomorrow since Director Mati Baguin the counsel for the parties will be >> you want but if you give me a few more seconds I might be able to dispose of this issue Mr. President Mr. Mr. presiding officer.

[00:05:56]>> [clears throat] >> Okay, I won't delay that. I can paraphrase it, but I think it would be best if I look at the record. So I will just await.

[00:06:14]>> The presiding officer will give the lady first crack at at interventions by Senator Judge tomorrow after the cross-examination of the council for respondent tomorrow.

[00:06:26]Um since Director Matibag will be here again tomorrow for the continuation of the cross-examination by council for respondent the interjections and interventions of the other center judges may proceed.

[00:06:40]Again, after the cross-examination, redirect, and recross if any.

[00:06:45]Um so the center judges have time until tomorrow.

[00:06:50]Um unless there are other matters that the council for the parties would want to discuss >> One last >> the court will wind down with some administrative matters. Yes, council for respondent.

[00:07:01]>> Your honor aside from the Las Cañas document we would also like to request a copy of the AO number 11 just for reference your honor to be used as AO number 11.

[00:07:11]>> Um the council the rather the prosecutor is directed to furnish a within >> We can do that after the proceedings.

[00:07:21]>> within the day after the proceedings a copy of AO number 11 signed by Director Matibag dated if I'm not mistaken April 16 2026.

[00:07:35]Um any other points you want to raise lead prosecutor?

[00:07:39]>> Your honor it appears that there is standing subpoena for >> rule on that in a bit.

[00:07:46]>> For Miss Marivic Pareja.

[00:07:48]>> I will rule against you.

[00:07:50]>> Miss Marivic Pareja of Legislative Archive, we manifested yesterday, your honor, that we have yet to determine when we will be presenting this witness.

[00:08:00]>> Yes, we will act on these at the proper time.

[00:08:03]This will be part of the chair's ruling before we adjourn.

[00:08:05]>> May I inquire, your honor, if tomorrow we will be able to conclude the testimony of witness Director Matibag, whether or not we will be proceeding to present the witness, the first witness for confidential fund, your honor.

[00:08:18]>> The court will address that in a bit, um, before we adjourn, counsel.

[00:08:23]Any other points, counsel for the respondent?

[00:08:25]>> Uh No, my dear honor.

[00:08:28]>> Um, court will now dispose of some administrative matters.