THE House prosecution on Saturday argued that the authenticity of the video recording at the center of the impeachment charge against Vice President Sara Z. Duterte is no longer disputed after the defense itself relied on portions of the same footage during cross-examination.
Mamamayang Liberal Party-list Rep. Leila de Lima said the prosecution believes the issue of authenticity has effectively been settled after the defense used the recording while questioning National Bureau of Investigation (NBI) Senior Agent John Mark Calilung, the prosecution’s first witness.
“Para sa amin po sa prosecution, wala na pong debate diyan. Parang pinapakita nila na authentic. Bakit sila magpapakita ng portions of the same video kung hindi sila naniniwala na ito ay authentic?” De Lima said during the Saturday News Forum at Dapo Restaurant in Quezon City.
She clarified, however, that the appreciation of the evidence ultimately rests with the Senate impeachment court.
“But I could not go further from that because that is already going to the merits of the case,” she said.
Calilung testified during the opening week of the impeachment trial to authenticate the video recordings in which Duterte allegedly threatened President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Ferdinand Martin G. Romualdez.
De Lima said the NBI agent carefully explained the authentication process during his direct examination and that his testimony remained intact despite extensive questioning by the defense.
“Wala naman pong nabiyak na anumang parte doon sa testimonya ni Agent Calilung kahit po under the crucibles or the test of cross-examination, because the cross-examination is a stress test. And therefore kapag hindi bumibigay ang ebidensya, ay ito ay lalong tumitibay after cross-examination.”
Former Surigao del Norte Rep. Robert Ace Barbers, spokesperson and adviser to the House prosecution panel, echoed De Lima’s position, saying the defense never rebutted the authenticity of the recording.
“Sinabi naman po ng kabilang panig na hindi ho nila ni-rebut, dinebunk itong authenticity ng video na ito. In fact, ginamit nila ito sa kanilang pagko-cross doon sa aming witness,” Barbers said.
“And this alone gives the idea na authentic itong video dahil isang video lang ho ‘yung pinag-uusapan, isang video lang ho ‘yung ginamit,” he added.
Barbers said succeeding witnesses will further explain the authenticated recordings and the results of the NBI investigation supporting Article IV of the impeachment complaint.
