The Senate impeachment court on Monday directed its medical bureau to independently verify the condition of former Department of Education (DepEd) Special Disbursing Officer Edward Fajarda before deciding whether to excuse him from testifying this week in Vice President Sara Duterte’s impeachment trial.
Presiding Officer Francis “Chiz” Escudero issued the directive after the court received a medical certificate saying Fajarda, who was supposed to testify from Aug. 24 to 26, had suffered a stroke and was initially confined in an intensive care unit for observation before being transferred to a regular room.
“However, before we excuse him as requested, the chair, rather, the court is instructing and directing the head of the Senate’s Medical and Dental Bureau… to examine the witness and validate the medical findings with his physicians,” Escudero said.
He also ordered the bureau to submit a report on whether Fajarda is indeed unable to testify this week and, if so, when he may be fit to appear before the impeachment court.
House lead prosecutor Rep. Gerville Luistro said Fajarda’s medical certificate, issued Aug. 20, advised him to rest for two weeks.
The prosecution consequently made a tentative reservation to present Fajarda on Sept. 7.
“We would like to make a reservation on Sept. 7 for the presentation of Edward Fajarda, still as part of the witnesses of the prosecution, Your Honor,” Luistro said.
Fajarda is a former DepEd SDO whom prosecutors intend to present in connection with the department’s confidential funds during Duterte’s tenure as education secretary.
The defense later agreed to stipulate that Fajarda served as DepEd executive assistant and SDO for confidential funds and that, in such capacity, he was tasked to disburse and liquidate the PHP112.5-million confidential fund involved in the case.
It declined to stipulate on the remaining matters proposed by the prosecution. Escudero ruled that evidence would no longer be necessary on the two agreed facts when Fajarda eventually takes the witness stand.
With Fajarda unavailable, the prosecution confirmed that OVP Assistant Chief of Staff Lemuel Ortonio would be presented on Tuesday.
More Time For AFP Witnesses
Meanwhile, Escudero assured Duterte’s defense team that it would have sufficient time to prepare for the cross-examination of the three newly disclosed Armed Forces of the Philippines (AFP) witnesses.
Ortonio is set to take the stand Tuesday as a hostile witness, while Col. Manaros Boransing II, Col. Magtangol Panopio and Maj. Gen. Adonis Bajao have been subpoenaed to testify beginning Wednesday on confidential funds released to the DepEd.
The three AFP officers are expected to testify that they received none of the P112.5 million in DepEd confidential funds in 2023, when Duterte was Education secretary.
Escudero’s assurance came after defense lead counsel Sheila Sison raised concern that the prosecution identified the witnesses only two days before their intended presentation, instead of the five-day notice provided under the court’s pretrial order.
“This isn’t procedural, Your Honor. Substantive, the ability of the respondent to prepare substantively for any cross examination or presentation of the prosecution’s witness,” Sison said.
Escudero said the court could adjust the sequence of testimony so the defense would not be forced into an immediate cross-examination.
He noted that Ortonio could continue until Wednesday, after which the prosecution may begin the direct examination of one of the AFP witnesses.
“So, most likely, without presuming, most likely the cross examination of the counsel for respondent for this new unannounced witness will be on Tuesday next week, giving you more than actually five days even,” Escudero said.
Sison thanked the court for the clarification.
Luistro, meanwhile, said the late disclosure was not deliberate and resulted from the unexpected unavailability of Fajarda.
She said Fajarda’s inability to appear Tuesday and Wednesday prompted prosecutors to seek subpoenas for the three AFP officials. (PNA)