Senate court rejects House bid on Matibag testimony

The Senate impeachment court on Monday turned down a request by the prosecution panel to allow National Bureau of Investigation (NBI) Director Melvin Matibag to take the witness stand on Vice President Sara Duterte’s trial earlier than his original schedule.

Matibag is expected to testify on the NBI’s investigation into Duterte’s alleged grave threats to President Marcos Jr. during an online press briefing in November 2024, which is outlined under Article 4 of the Articles of Impeachment.

Citing a scheduling conflict due to a work engagement abroad on 21 and 22 July, House prosecutor Lorenz Defensor asked the impeachment court to advance Matibag’s testimony to Tuesday, 14 July.

Defensor raised the motion shortly after the trial started at 2 p.m. However, Senate impeachment court presiding officer Chiz Escudero deferred the decision until they obtained documents proving Matibag’s overseas engagement that would warrant schedule adjustments.

The schedule adjustment means Matibag’s testimony would come ahead of those of the prosecution's next witnesses, namely, OVP Chief of Staff Zuleika Lopez and Legislative Security Bureau head Executive Director Belinda Bello.

It was only around 8 p.m., shortly before the trial adjourned, that Escudero ruled that they would call Matibag to testify on Monday, 20 June, instead of the requested date of the prosecution.

The decision came after Senate President Win Gatchalian confirmed that flights to Thailand were still available on Monday evening.

“What we can do is to allow him to come here on Monday and then propound our questions. And if ever we don’t finish it, we can request him to come back again after his activity in Bangkok,” Gatchalian said.

Escudero concurred with Gatchalian, saying Matibag’s testimony would be meaningless until he is thoroughly cross-examined by the prosecution and the defense.

The prosecution’s request met strong objection from Senator Alan Cayetano, who said it’s not for the NBI chief to dictate to the Senate impeachment court its schedule.

"I hope it doesn't become a rule, especially for a bureau head. I don't think it's really a good rule,” Cayetano stressed.

“Rules are important. We will not be able to move faster if we have to accommodate witnesses, especially if they're in government.”

Defensor countered that the change would barely disrupt the proceedings, given that Matibag would testify one day earlier than his scheduled appearance.

The defense also opposed the last-minute changes, saying it would run counter to the five-day notice rule for surprise witnesses.

As previously agreed by both parties during pre-trial and in open court, witnesses not identified in the pre-trial order must be given at least five days’ notice before they are called, while witnesses scheduled for the succeeding week must be announced three days in advance.

Gatchalian agreed that last-minute changes are not advisable, arguing that senator-judges would need ample time to review the witness's background as well as the articles.