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House prosecutor and Akbayan party-list Rep. Chel Diokno and defense lead counsel Sheila Sison clashed anew on Monday after the latter challenged the testimony of financial forensic analyst Atty. Alexander Cabrera on Vice President Sara Duterte’s alleged unexplained wealth, calling his conclusions “erroneous.”
On Day 38 of the impeachment trial, Sison made a manifestation after Cabrera completed his testimony, which included direct examination by the prosecution, cross-examination by the defense and questions from senator-judges.
Sison said Cabrera was given an “extensive platform and opportunity” to present his “unbridled and erroneous conclusions of law and fact.”
She took issue with Cabrera’s allegedly misleading explanation of the legal principle of “piercing the veil of corporate fiction,” which he cited in establishing links between companies he described as shell companies and Duterte and her husband, lawyer Manases Carpio.
Cabrera earlier testified that, based on his team's forensic analysis, Duterte and Carpio had P817 million in alleged unexplained wealth, including shareholdings and assets in various companies.
Sison cited the Supreme Court decision in Kukan International Corp. v. Reyes, which she said laid down the prevailing doctrine on the application of the principle of piercing the corporate veil.
Diokno moved to strike Sison’s remarks questioning Cabrera’s testimony from the record, saying they were “totally out of order” and constituted a conclusion of law.
“It’s up to the Honorable Court to decide whether the opinion of Atty. Cabrera is acceptable or not. And it’s not in our place, whether I’m for the prosecution or for the defense, to make such irresponsible statements,” Diokno said.
Sison objected to Diokno's motion.
“In fact, it came from the gentleman himself. The witness gave an opinion that in itself is proof that the witness only gave conclusions and not facts,” she said.
Senate impeachment court presiding officer Francis Escudero intervened, ruling that Sison’s remarks would remain on the record.
“Let it remain in the record, Hon. Chel. The [defense] clearly disagrees with the opinion of the expert, and from their point of view, she described it from their perspective and not necessarily the perspective of the court nor the prosecution. Then it is not per se strikable from the point of view of the court,” Escudero said.
Diokno then made a counter-manifestation to express the prosecution’s position on the matter.
“In the view of the prosecution, the statement of the defense that the opinion is erroneous is totally out of place and has no meaning in this court,” he said.— MCG, GMA News
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