With ‘sufficient proof’ vs. Leni et al, SolGen tries to add more witnesses

Government lawyers on Friday tried to add new witnesses to the police's sedition complaint against Vice President Leni Robredo and dozens of others even after saying their initial evidence was "sufficient" to secure an indictment.

The Office of the Solicitor General (OSG) asked the panel of investigating prosecutors to issue a subpoena for lawyer Jude Sabio but was denied.

It also said it intended to introduce affidavits by Guillermina Barrido and Perfecto Tagalog, but the panel did not decide on this in the absence of a motion.

Barrido accused Senator Antonio Trillanes IV, Fr. Albert Alejo, Sabio, and a nun of kidnapping and forcing her to sign a "ready-made" affidavit against the Duterte administration.

Tagalog, for his part, claimed Trillanes had tried to use him to issue statements against Davao City Rep. Paolo Duterte.

The OSG said Sabio, the lawyer who filed a case against President Rodrigo Duterte before the International Criminal Court, has written a column in Mindanao Gold Star Daily saying Trillanes had tried but failed to recruit him to lawyer for "Bikoy."

Peter Joemel Advincula, the man who claims to be "Bikoy," is so far the Criminal Investigation and Detection Group's (CIDG) only witness in the sedition complaint, which alleges Robredo and more than 30 others were part of a plot to unseat Duterte.

Barrido, Tagalog, and Advincula are all represented by lawyer Larry Gadon.

The OSG's attempt to introduce Barrido, Tagalog and Sabio into the complaint was met with objections from the lawyers of the respondents because the OSG earlier claimed its original evidence was "sufficient to establish probable cause."

Based on this claim, the prosecutors ruled in Aug. 23 that there was no reason to suspend the preliminary investigation.

But Assistant Solicitor General Angelita Miranda, who spoke for the OSG, said Friday that the affidavits are "not additional evidence" but "new evidence that surfaced after our Aug. 9 preliminary investigation," referring to the date the probe started.

Reynaldo Robles, Trillanes' lawyer, warned Friday that the investigation could become a "fishing expedition." Former senator Rene Saguisag, who represents Senator Risa Hontiveros, said: "Tatakbo sila rito, hindi pala sila handa," describing the complaint as "ramshackle" and "rushed."

Evidence complete?

Because of Friday's manifestation, Senior Assistant Prosecutor Olivia Torrevillas reminded Miranda that the OSG itself had said its evidence was complete. The prosecutor said new evidence will mean giving time for the respondents to answer them. "Will that not cause delay, attorney?" she asked the solicitor.

Miranda then said the OSG will file a reply-affidavit. A reply is the response of the complainant, in this case the CIDG, to the counter-affidavit of the respondent, in this case opposition figures, priests, and lawyers.

But Assistant State Prosecutor Gino Paolo Santiago said ordering the filing of a reply is a discretion of prosecutors and not the right of the complainant. "We will not be entertaining any reply," he said.

Miranda said she will file a motion for reconsideration against what she called a violation to their right to due process.

"The complaint that we filed was complete at that point in time but they want to know the truth and corroborate whom they say [is a] perjured witness. Ito na [ang] mag-corroborate, ba't ayaw nila?" she told reporters after the hearing.

A number of the respondents filed their counter-affidavits to the charges on Friday. Senator Leila de Lima and human rights lawyer Chel Diokno were given until Sept. 9 and Danilo Songco until Sept. 11 to submit theirs, after which the complaint will be up for decision.

The preliminary investigation will determine whether or not prosecutors will file a case in court. —NB, GMA News