Defense rebuts claim over BIR evidence objection

ATTY. Michael Poa speaks to reporters following the pretrial proceedings in Vice President Sara Duterte’s impeachment case.
PHOTOGRAPH courtesy by aram lascano for DAILY TRIBUNE
The defense panel in the impeachment trial rejected claims that it was trying to prevent potentially damaging evidence from being presented, stressing that only the impeachment court—not the clerk of court—has the authority to rule on motions involving evidence.
In a statement on Friday, defense spokesperson Atty. Michael Poa said public conclusions were premature as the defense had yet to formally respond to the prosecution's manifestation and motion concerning a box of documents from the Bureau of Internal Revenue (BIR).
"First and foremost, it must be emphasized that the Clerk of Court does not have the authority to rule on any motion made by either of the parties. Such matters are solely for the Impeachment Court to resolve," Poa said.
"More importantly, we have yet to comment on the Prosecution's Manifestation/Motion, and we believe it is only proper that the Defense be given the opportunity to do so before conclusions are drawn in public," he added.
Prosecution spokesperson and Lanao del Sur Rep. Zia Alonto Adiong earlier suggested that the defense was objecting to the marking of the BIR documents as evidence because it feared what the records might reveal.
Adiong argued that tax records do not lie, saying the documents could show tax payments, assets and liabilities.
He questioned whether the defense was "afraid of the truth" and described the unopened BIR box as potentially more than a "smoking gun," calling it an "arsenal" of evidence that the defense allegedly did not want disclosed to the public.
The prosecution sought to have the BIR documents marked as evidence, a move opposed by the defense.
The defense has yet to file its formal comment on the prosecution's manifestation and motion, after which the impeachment court is expected to resolve the matter.
