Defense Challenges NBI Witness Credentials in Duterte Impeachment Trial

VICE-PRESIDENT Sara Duterte-Carpio’s defense team on Wednesday challenged the qualifications of the prosecution’s digital forensics witness, with several senator-judges joining questions over his training and credentials as the impeachment trial shifted to the authenticity of video evidence supporting the charges against her. During the third day of the trial, defense lawyer Carlo Joaquin T. Narvasa scrutinized the credentials of National Bureau of Investigation (NBI) Senior Agent John Mark Sta. Ana Calilung, questioning the qualifications of Maxcor Inter-Ventures Co., the company that conducted his two-week digital forensics training. Referring to the company’s profile, Mr. Narvasa said its website described Maxcor Inter-Ventures as “a one-stop source of different products and services intended for both government and private institutions,” arguing that it appeared to be an equipment supplier rather than a specialized digital forensics training institution. Mr. Calilung, who authenticated videos and digital records presented by the prosecution, testified during Tuesday’s proceedings that he underwent digital forensics training under Maxcor. Several senator-judges also sought clarification on the witness’s qualifications. “I saw earlier that Maxcor Inter-Ventures seems like an equipment supplier,” Senate President Sherwin T. Gatchalian said. “Is Maxcor recognized when it comes to digital forensic training? Is it well-known or an internationally renowned training organization?” The defense also questioned Mr. Calilung’s certifications and experience in digital forensics as it sought to undermine the credibility of the prosecution’s key witness, whose testimony supports the authentication of videos and other electronic evidence presented in the impeachment trial. Mr. Calilung said Maxcor provided trainers for digital forensics, including photo and video authentication. “The trainer has a lot of certifications in relation to digital forensics,” he said, adding that he also holds certifications in digital forensic authentication. Toward the end of the hearing, Senator Robinhood C. Padilla asked the impeachment court to require Mr. Calilung to submit his digital forensics certifications. Presiding officer Senator Francis Joseph “Chiz” G. Escudero granted the request. Meanwhile, Malacañang defended the legality of the Senate’s impeachment procedures after Ms. Duterte asked the Supreme Court to suspend the trial while it resolves a challenge to the authority of Mr. Escudero as presiding officer. The Vice-President’s camp on Monday asked the high court to keep the status quo, arguing that changes to the impeachment rules allowing an official other than the Senate president to preside over the trial are unconstitutional. “As far as we know, this is also in accordance with the Constitution,” Palace Press Officer Clarissa A. Castro told a news briefing in Filipino. She said legal experts, including former Supreme Court Justice Adolfo S. Azcuna, have maintained that the Constitution does not prohibit someone other than the Senate president from presiding over impeachment proceedings. “What are they afraid of if a lawyer sits as the presiding officer of the impeachment?” Ms. Castro asked. She also noted that although Ms. Duterte appeared at the Senate on Tuesday, she did not directly address the allegations against her. “In her brief statement (on Tuesday), we still did not hear any denial of the accusations being thrown against her,” Ms. Castro said, adding that while relying on lawyers may be part of the Vice-President’s legal strategy, the public would likely prefer to hear her response personally. She also rejected the defense’s argument that impeachment seeks to overturn the mandate of the more than 32 million Filipinos who voted for Ms. Duterte. “That is not the purpose of the Constitution,” Ms. Castro said. “Impeachment exists because it is the constitutional mechanism for removing a public official who commits impeachable offenses.” Meanwhile, Party-list Rep. Antonio L. Tinio said the defense’s repeated procedural objections reflected the weakness of its case. “The defense’s strategy is to avoid or block the presentation of evidence by relying on technicalities,” the congressman said in Filipino. “This shows that they are afraid of Duterte’s violations being exposed to the public.” He also criticized Ms. Duterte for skipping the trial despite appearing at the Senate on Tuesday, saying the videos presented by the prosecution had long been publicly available and that their significance now lies in their formal admission as evidence before the impeachment court. “The public has already seen Duterte’s press conferences where she made those threats,” Mr. Tinio said. “The difference now is that these videos are being treated as evidence in an impeachment trial.” — Kaela Patricia B. Gabriel, Erika Mae P. Sinaking, and Pexcel John Bacon