Defense objects to marking of Lascañas affidavit as evidence

The defense team in the impeachment trial of Vice President Sara Duterte on Tuesday objected to the marking of a portion of the affidavit of Arturo Lascañas, an alleged member of the Davao Death Squad (DDS), as a prosecution exhibit.

Lead defense counsel Sheila Sison argued that the affidavit—which had been read into the record by National Bureau of Investigation (NBI) Director Melvin Matibag—was unnotarized and had not been identified by any competent witness.

“I would just like to put on record that we are objecting even to the marking of this particular exhibit, consistent with the ruling of this court when we objected to the reading of the affidavit by NBI Director Melvin Matibag when he testified and was cross-examined by defense counsel Atty. Mark Vinluan,” Sison said during Day 12 of Duterte's impeachment trial.

“We object to the marking of this portion of Arturo Lascañas' affidavit. As of this point, no witness has yet testified on this affidavit, and it's on record—if we review the records of the court—that that supposed affidavit was unnotarized and was not signed by anybody, let alone identified by any competent witness,” she added.

Matibag, who testified in support of Article IV of the Articles of Impeachment against Duterte, had earlier said the NBI examined Lascañas' affidavit as part of its investigation into an alleged "pattern of violence" by the Vice President in relation to her alleged threats against President Ferdinand "Bongbong" Marcos Jr., First Lady Liza Araneta-Marcos, and former Speaker Martin Romualdez.

According to Sison, the prosecution sought to have a portion of Lascañas' affidavit marked during the motion setting a conference for the transfer of exhibit markings.

“The motion is to set a conference for the transfer of exhibit markings. Now, this presupposes there has already been an original marking,” Sison said.

“We will not agree, and if the presiding officer allows even the pre-marking or marking of this item under this motion, then we would like our continuing objection to the allowance of the marking of this particular exhibit to be put on record,” she added.

Lascañas affidavit

Lascañas, a self-confessed member of the original DDS, previously accused Vice President Duterte of orchestrating "Oplan Tokhang" in Davao City during her tenure as mayor in 2012.

Speaking to the media from an undisclosed location overseas, the former police officer said he had submitted a 186-page affidavit to the International Criminal Court (ICC).

He claimed the affidavit contains information on the alleged killings carried out under former president Rodrigo Duterte, as well as the alleged involvement of his daughter, Vice President Duterte, in extrajudicial killings in Davao City.

A portion of the affidavit, which Matibag read during the trial, states that Oplan Tokhang, "and the evil side of its enforcement," was conceived between 2012 and 2013 by its alleged "author," then-Davao City Police Office director and now Senator Ronald "Bato" Dela Rosa.

The affidavit also alleges that the operations were "cleared and approved" by then-Davao City mayor Sara Duterte and her father, Rodrigo Duterte.

The defense maintained its continuing objection to Matibag's reading of the affidavit, arguing that the document constitutes hearsay and could mislead both the senator-judges and the public regarding the truthfulness of its contents. — MCG, GMA News