Defense challenges SALN presentation in Sara impeachment trial

The presentation of Vice President Sara Duterte’s Statement of Assets, Liabilities and Net Worth (SALN) was challenged Tuesday as prosecutors presented an Office of the Ombudsman official to testify on the documents during her impeachment trial.

For the second day of its presentation of evidence on Duterte’s alleged unexplained wealth, the House prosecution panel called to the witness stand Atty. Karen Batu, officer-in-charge of the Ombudsman’s Records Division.

Private prosecutor Atty. James Bryan Lim Alih told the impeachment court that Batu’s testimony was intended to authenticate the SALNs submitted by Duterte from 2007 to 2025.

The same documents were previously presented during the clarificatory hearings conducted by the House Committee on Justice in its determination of probable cause on the impeachment complaints.

As Alih began questioning Batu about the contents of the SALNs, defense lawyer Atty. Justin Gular immediately objected, arguing that the witness could only authenticate the documents and was prohibited from testifying on their contents due to her lack of personal knowledge.

“If the purpose of the witness is precisely to authenticate and to identify the SALNs, it has already been achieved when the witness was confronted. And the witness has no personal knowledge on anything contained in these documents,” Gular said.

“The document speaks for themselves. And to continue confronting the witness with these documents…will not serve the interest of time,” he added.

In response, Alih maintained that the court had given the prosecution sufficient time to present the information, as long as the testimony did not alter the contents of the documents.

He also said the limitation would prevent the prosecution from establishing a “baseline” for its additional questions concerning Duterte’s wealth.

“How can we establish a baseline if we’re not allowed to ask the questions that would elicit the facts relative to the baseline, your honor?” Alih said.

Presiding officer Senate President Francis “Chiz” Escudero overruled Gular’s objection, saying Batu could testify on what was indicated in the SALNs but not confirm whether the information was factual.

“She’s testifying based on official records she has custody of…only as to the fact that these were the SALNs submitted to her and that it contained these facts as subscribed to by the declarant,” Escudero said.

Defense flags prosecution’s conclusions

Gular also challenged Alih’s manner of questioning, particularly his practice of making conclusions after Batu responded to questions.

“We cannot let this go, your Honor, apologies…he has been interjecting conclusions or statements after the witness has answered, your Honor, we therefore move to strike the additional statements of the counsel,” Gular said.

“Again, your Honor, the evidence should come from the witness, not from the counsel,” he added.

Escudero granted Gular’s motion and ordered Alih’s additional statements stricken from the records.