SEC summary of VP Sara biz interests questioned

MANILA — A dispute over how the Securities and Exchange Commission (SEC) summarized Vice President Sara Duterte-Carpio’s alleged corporate holdings stalled her impeachment trial Monday, with the defense warning that the document’s labeling could mislead the public by making company capitalization figures appear to be the Vice President’s personal shareholdings.

The controversy erupted as SEC Company Registration and Monitoring Department Director Gerardo del Rosario took the witness stand to authenticate corporate records being presented in connection with Duterte-Carpio’s declared business and financial interests.

Defense lawyer Justin Gular objected to the prosecution’s use of a document titled “Summary of Vice President Sara Duterte’s Shareholdings,” arguing that the defense received it only earlier Monday and had not been given enough time to scrutinize its contents.

“A quick perusal of the document already shows some misrepresentation,” Gular said.

He pointed out that the summary contained figures for authorized capital stock, subscribed capital and paid-up capital — corporate figures that do not necessarily represent Duterte-Carpio’s personal holdings.

“This will clearly mislead the public from even understanding or construing that the numbers appearing on these summaries belong to the Vice President when we surely understand, they do not,” Gular said.

Gular also accused the prosecution of attempting “to condition the mind of the public over these figures that will be flashed,” prompting prosecution lawyer Erwin Matib to ask that the statement be stricken from the record.

Matib maintained that the document contained separate columns distinguishing company figures from those attributed to Duterte-Carpio and her husband, lawyer Manases Carpio.

Senate President Francis “Chiz” Escudero, presiding over the impeachment court, allowed the prosecution to use the documents but assured the defense that it would be given an opportunity to scrutinize and challenge their contents during cross-examination.

Escudero also acknowledged that the defense received the material only Monday and granted it time to prepare.

Sen. Alan Peter Cayetano separately questioned the terminology used in the document, warning that inaccurate or misleading labels could prejudice the defense.

“If we’re going to spend the whole morning [and] afternoon looking at these documents tapos mali ‘yong label, it will prejudice, of course, the defense and the Vice President ‘di ba?” Cayetano said.

“If it’s just one page, one mistake, then we can say let’s allow it with that note. But if throughout this trial or throughout this afternoon, may mali ‘yong label or it’s misleading, what’s worse than a misleading question? It’s a misleading document that will be flashed,” he argued.

Escudero eventually proposed removing the disputed title because the summary covered both information about the companies and Duterte-Carpio’s interests in them.

The court’s technical booth was instructed to remove the title before the material could be displayed, further delaying Del Rosario’s questioning.

The physical reproduction and distribution of copies to senator-judges also contributed to the delay, prompting Sen. Francis Pangilinan to urge both camps to prepare copies of their documents before hearings instead of reproducing them during the proceedings.

The defense earlier also objected to the inclusion of corporate documents involving Pikimong Pikimong Philippines Corp. and JTC Group of Companies.

Gular questioned their relevance, arguing that prosecutors had yet to establish a connection between Duterte-Carpio and the two companies.

Matib said the prosecution intended to present evidence linking the companies to Duterte-Carpio and other businesses allegedly associated with her financial interests.

Escudero sustained the defense objection and ordered the two companies excluded from the proceedings for the time being.

He said the companies could later be reconsidered and Del Rosario recalled if prosecutors establish a sufficient connection to Duterte-Carpio.

The impeachment court had previously rejected subpoenas involving JTC Group and Pikimong Pikimong after finding no prima facie link between the companies and Duterte-Carpio or her husband.

The SEC records form part of the prosecution’s evidence under Article II of the impeachment case, which includes allegations that Duterte-Carpio accumulated unexplained wealth, failed to fully and truthfully disclose assets and financial interests in her Statements of Assets, Liabilities and Net Worth, and failed to divest from certain business interests while serving as Vice President.

Duterte-Carpio’s defense has contested the allegations.

The 1987 Constitution prohibits the President and Vice President from directly or indirectly participating in any business or being financially interested in government contracts, franchises or special privileges during their tenure./PN

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