Sandigan warns flood control defendant’s lawyer over questions to prosecution witness

The Sandiganbayan Sixth Division on Tuesday warned the defense counsel of one of the accused in a  flood control project case not to ask a prosecution witness about topics outside of her judicial affidavit.

In the malversation trial of former DPWH Region 4B Regional Director Gerald Pacanan concerning a P289-million flood control project in Naujan, Oriental Mindoro, the division's three justices made the stern reminder to Pacanan's lawyer Marlou Ubano after he repeatedly questioned prosecution witness Editha Babaran about topics not stated in her judicial affidavit.

Ubano’s cross-examination of Babaran, an engineer and the OIC of the DPWH Region IV-B, ranged from the general description of her job; DPWH Department Orders on inspecting projects; and the number of projects pending inspection that would supposedly make the job of a Regional Director very difficult. He also asked Babaran to present copies of a summary of projects for inspection from 2023, 2024 and 2025.

“She already testified to the duties of a regional director. She can no longer add to that. Do not use this witness for your own client or the accused,” Justice Sarah Fernandez, the chairperson of the Sandiganbayan Sixth Division, said.

Babaran replaced Pacanan, who was removed from his post as Regional Director due to his alleged links to the Naujan project.

“You should propound cross-examination questions,” Fernandez added.

Justice Kevin Vivero, for his part, said there is no need to debate about the exact number of projects pending inspection of the regional director during the bail hearing because a witness who can testify on these records may later be presented by Pacana's camp during the main presentation of evidence.

“You said [details] about the unusually heavy workload of a regional director. In so far as the testimony of this witness, she testified there are more than 700 projects [pending inspection]. That already confirms that the position of the Regional Director is not exactly a walk in the park,” Vivero said.

“What would prevent you from presenting a witness [later] who will testify on the exact number of projects pending before the regional director? She [Babaran] did not have an idea that you will ask these questions, so she is unprepared to give you the exact number. Do not use this witness [for the prosecution] as your own,” he added.

Ubano argued that his questions have merit, saying his client is currently deprived of liberty.

“These questions test the credibility of the witness against the accused and to show that the evidence against the accused is not strong,” he said.

“I would be remiss if I didn’t ask these questions. I ask for forbearance,” Ubano added.

Associate Justice Lord Villanueva responded that Ubano should only put forward relevant questions, meaning those that concern Babaran's affidavit: the inspection report, the validation report, and videos of the alleged substandard project.

“What is your issue? Is there a factual error [in the affidavit]? Are they incomplete? Not to be trusted? Not authorized? What is the relevance [of your question]?” Villanueva said.

Ubano replied that questions are “relevant to the innocence of the accused.”

Villanueva countered that Ubano’s questions are relevant to the defense, but not necessarily to the ongoing petition for bail.

“These are not relevant to this particular witness,” the justice said.

Ubano later agreed to move on and asked Babaran how she was able to identify that the steel sheet piles for the project were not according to the measurements as stated in the project's Detailed Engineering Design.

Babaran responded that she was present, alongside with her staff, when they did the physical inspection.

“Under the plan, SSPs [steel sheet piles] should be 12 meters. The SSPs in place are only three meters,” she said.

Assistant Ombudsman Mico Clavano earlier told reporters that said the measurements of the steel sheet piles showed that an exposed pile length of 2.5 meters and 0.6 meters embedded in the pile cap for a total of only about 3.0 meters, far from the 12-meter specification stated in the Detailed Engineering Design of the project, making the project substandard. — BM, GMA Integrated News