Escudero keeps witness disclosure rules intact

Impeachment court presiding officer Sen. Francis “Chiz” Escudero on Tuesday ordered both sides in Vice President Sara Duterte’s trial to stick to their original agreement on disclosing witnesses, amid confusion over the five-day notice rule.

“Let’s stick to what was originally agreed, and by way of exception, as the need arises, we will cross the bridge when we get there,” Escudero said.

The issue arose on the 18th day of the impeachment trial after former Department of Education special disbursing officer Edward Fajarda, who was scheduled to testify on 25 August, remained ill.

Fajarda’s testimony was moved to 7 September, forcing prosecutors to call another witness in his place.

Defense lawyer Sheila Sison questioned whether the substitution violated the requirement for either side to disclose an intended witness five days before the hearing.

Escudero clarified that based on the transcript of the court’s earlier ruling, the five-day requirement applies only to witnesses not included in the pretrial order.

“When we check the [transcript], just to make sure, the five-day notice rule applies to witnesses not mentioned in the pre-trial order,” Escudero said.

Sison raised concerns that the interpretation could create uncertainty for both the defense and prosecution in preparing for future witnesses.

Escudero maintained that both sides must still identify the witnesses they intend to present on the Wednesday preceding the following week’s hearings, giving counsel time to prepare.

Lead public prosecutor Rep. Gervilla Luistro suggested reducing the notice period from five days to four to align it with that schedule.

Escudero rejected the proposal and said the court would stick to its original order.

The impeachment trial resumes Wednesday with the continuation of the testimony of Office of the Vice President Assistant Chief of Staff Lemuel Ortonio on Article I.