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Impeachment Trial - Day 21
The Senate President announced a tentative trial calendar of full-day sessions on October 1-2, 5-9, and 12-15, suspension for Senate budget hearings, resumption on November 9 and 16, and normal programming from November 23, after senator judges debated whether the schedule would force a choice between completing the trial and a reenacted budget. The House Prosecution panel stated it plans to finish presenting its evidence on confidential funds by Wednesday, September 9. The Presiding Officer qualified Atty. Michael Wesley Poa as a hostile witness at the prosecution's request, and he was among the witnesses who testified on DepEd roles, procurement, and confidential-fund records.
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Session record
Claims introduced or updated
- No new standing claim cards were added this session; existing claim cards were updated.
- The claim card 'Whether confidential activities fit DepEd's mandate' was updated with witness testimony that the special disbursing officer said rewards were given to those who provided information, and that a certification stated information or intelligence from DepEd was used to target locations for AFP YLS/IEC programs.
Evidence & exhibits
- The defense stipulated to the due execution and authenticity of the COA audit observation memorandums on DepEd confidential funds for the first three quarters of 2023, Atty. Poa's responses, and the DepEd liquidation reports, which the defense counsel enumerated as AOM 2024-015 dated February 1, 2024, AOM 2024-171 dated August 8, 2024, the corresponding replies, the liquidation reports with attachments, and certifications from AFP and Philippine Army officers, with their exhibit markings.
- Atty. Poa confirmed that he was served a subpoena to testify in the impeachment case concerning DepEd confidential funds during his tenure.
- The prosecution presented a press briefing transcript to the witness, to which the defense objected that the transcript does not contain what the prosecution counsel was implying.
- The prosecution manifested a request for stipulations and a request regarding subpoenas ad testificandum in connection with witness Edward D. Fajarda, stating it intends to excuse him from testifying if possible.
Court rulings
- The Presiding Officer qualified Atty. Michael Wesley Poa as a hostile witness upon the prosecution's offer of his testimony.
- The Senate President ordered that the phrase 'abogadong walang alam' be stricken from the record, finding it discourteous.
- The Senate President ruled that nothing in the rules limits a witness to a mere yes-or-no answer and that answers must be responsive, allowing the witness's qualified affirmative answer.
- The Senate President sustained a defense objection, ruling that the Joint Circular does not state that a security officer has the power to make disbursements.
- The Senate President ruled that Mr. Fajarda will be excused on Monday if he is not healthy enough, and directed that stipulation requests be submitted before the week is over for the respondent's counsel to comment on Monday.
- The Senate President announced tentative trial dates: full-day sessions on October 1-2, October 5-9, and October 12-15, suspension for Finance Committee budget hearings, resumption on November 9 and 16, and normal programming from November 23.
Open questions
- Will the defense agree to stipulations that would allow the prosecution to excuse Edward D. Fajarda from testifying?
- Will the House Prosecution panel complete its confidential-funds presentation by its stated target of Wednesday, September 9?
- Will the tentative October-to-November trial calendar be confirmed, and how will the Senate reconcile trial sessions with budget hearings after senator judges raised the prospect of a reenacted budget and Senator Judge Ejercito suggested a caucus?