Prosecution asks impeach court to quash defense motion to subpoena De Lima

Justice Secretary Leila de Lima

MANILA, Philippines – Prosecution on Friday submitted to the Senate, sitting as an impeachment court, a motion to quash the defense’s request to summon Justice Secretary Leila de Lima.

In its motion to quash the defense panel’s March 21 subpoena to summon witnesses and present documents against De Lima, prosecutors said that defense had already questioned the justice secretary when she took the witness stand in February.

“It must be noted that during cross-examination the Defense was allowed to ask leading questions. For the defense to claim that the respondent’s due process rights will be violated if the “request” is not granted is without basis. But on the contrary, recalling Secretary De Lima will be violative of her rights, and not to mention unfair to the prosecution and this Honorable Impeachment court, as it will unduly lengthen the proceedings,” they said.

Aurora Representative Juan Edgardo “Sonny” Angara, spokesman of the prosecution, defended their move, saying that they were not trying to hide anything by asking that De Lima not be recalled to the trial. He said that the justice secretary had been called as witness and felt that the defense wanted to use her testimony anew as a way to delay the proceedings.

“Hindi sapat na rason na may naalala silang itatanong [It’s not enough reason to say that they remembered to ask a question],” he said, pointing out that the impeachment court follows certain procedures.

The prosecution also told the impeachment tribunal that they saw De Lima’s recall as “an act of harassment as well, considering that no new startling evidence or legal issue has been mentioned by the defense that will necessitate her recall.”

They will however “submit to the decision of the Senate if they want to bring De Lima in,” said another spokesman for the panel, Marikina City Representative Romero “Miro” Quimbo. He stressed that De Lima was “one of our best witnesses. We only fear [that calling her back as witness will form a] pattern” in that the defense would try to lengthen the trial by calling more of the prosecution’s witnesses.

“We feel that they have exhausted all possible questions for De Lima,” was House deputy speaker and Quezon Representative Lorenzo Tanada III’s comment on the defense lawyers’ line of questioning when they cross-examined De Lima.

Angara also pointed out that most of the defense panel’s questions were also allowed by Senate President Juan Ponce Enrile.

They said that they felt that Chief Justice Renato Corona’s defense counsels were trying to make De Lima appear incompetent as a witness this time.

“Naghahabol sila ngayon kung papano gagawing hindi [Now they’re trying to see how De Lima could be discredited as a credible witness]. At this point, this is a violation of procedures,” said Tanada.

In the event that De Lima will be called to the witness stand once the trial resumes next week, Quimbo reminded the defense that issuing subpoenas for their other witnesses would delay the trial. “The process is never-ending”.