WEBVTT 00:07:12.180 --> 00:07:15.100 Atty. Renato N. Bantug Jr.: The Senate President, the Presiding Officer, and Senator-Judges 00:07:15.100 --> 00:07:15.920 Atty. Renato N. Bantug Jr.: of the Impeachment Court. 00:08:19.710 --> 00:08:22.550 Sen. Sherwin T. Gatchalian: The Sergeant-at-Arms is directed to make a proclamation. 00:08:25.910 --> 00:08:35.850 Alfredo Sotto Corpuz: All persons are commanded to keep silent under pain of penalty while the Impeachment Court is in session for the trial of Vice President Sara Zimmerman Duterte. 00:08:36.660 --> 00:08:45.880 Sen. Sherwin T. Gatchalian: The impeachment trial of Vice President Sara Zimmerman Duterte is hereby called to order. We shall be led in prayer by Senator Judge Robin Hood Padilla. 00:08:50.260 --> 00:10:41.890 Sen. Robinhood “Robin” Padilla: Audhu Billahi minasyaytanirrajim. Bismillahirrahmanirrahim. Sa ngalan ng Allah, ang pinakamahabagin, ang pinakamawain. Ya Allah, ikaw lamang po ang al-alim, ang nakakaalam ng lahat. Ang al-hakim, ang pinakamahusay, pinakamatalino. Al-kabir, ang nakakabatid ng lahat. Al-basir, ang nakakakita ng lahat. Al-samih, Ang nakakarinig ng lahat. Ang al-hakam, ang kataas-taasang hukom. Ang al-adil, ang bukal ng katarungan. Ang al-havis, ang tagapamangalaga. Kami po ang mamamayang may kapangyarihan ay lumalapit sa iyo na nagmamakaawa para sa iyong banal na saklolo upang mapangalagaan ang pinakamataas na batas ng aming lupain. Ya Allah! Hinihiling namin na iyong protektahan ang mga pangunahing karapatan at kalayaan na nakasulat sa aming kasunduan. Ipagtanggol mo ang aming karapatan sa buhay, kalayaan, ari-arian at makatwirang paglilitis. Tanuran mo ang aming kalayaan sa pamamahayag, pananampalataya at mapayapang pagtitipon. Hayaan mong ang mga karapatang ito ay maging isang sagradong kalungan para sa bawat mga mayan, lalo na ang mga mahihirap, inaapi at walang kapangyarihan, upang mailigtas sila laban sa paniniil, pagmamalabis sa kapangyarihan at pang-aabuso. Ya Allah, igawad mo sa mga hukom na senador ang iyong patnubay. 00:10:42.560 --> 00:11:49.720 Sen. Robinhood “Robin” Padilla: Ganoon din sa aming mga hukom, Mahistrado, Tagapagtanggol at mga Pinuno ng Batas. Magtanim ka ng banal na takot sa kanilang mga puso upang sila ay mamuno ng may lubos na integridad, walang kinikilingan at may tapang. Bigyan mo sila ng karunungan na bigyang kahulugan ng batas na may katotohanan habang tinatanggihan ng anumang suhul, pampolitikang panggigipit at personal na interes. Gawin mo silang mga instrumento ng iyong ganap na katarungan upang matiyak na ang mga walang sala ay mapapawalang sala at ang mga nagkasala ay maparusahan ng walang pagkaantala. Bigyan mo ang aming mamamayan at mga hukuman ng lakas na labanan ng pagkasira ng katotohanan. Hayaan mo ang saligang batas ay manatiling matatag at hindi dumaranas ng kompromiso. Bilang isang tanglaw ng katotohanan, hak, at kapayapaan salam laban sa lahat ng nagtatangkang magpabagsak nito. Amen. 00:11:50.080 --> 00:11:53.280 Sen. Sherwin T. Gatchalian: Amen. The Clerk of Court will now call the roll. 00:11:54.420 --> 00:12:09.720 Atty. Renato N. Bantug Jr.: Roll call of members. Senator-Judge Aquino. Senator-Judge Cayetano Alan. Senator-Judge Cayetano Pia. Senator-Judge Dela Rosa. Senator-Judge Ejercito. Senator-Judge Estrada. Senator-Judge Go. 00:12:10.090 --> 00:12:42.710 Atty. Renato N. Bantug Jr.: Senator-Judge, Ontiveros, Senator-Judge, Lacson, Senator-Judge, Lapid, Senator-Judge, Legarda, Senator-Judge, Marcoleta, Senator-Judge, Marcos, Senator-Judge, Padilla, Senator-Judge, Pangilinan, Senator-Judge, Soto III, Senator-Judge, Tulfo Irwin, Senator-Judge, Tulfo Rafi, Senator-Judge, Villanueva, Senator-Judge, Villar Camil, Senator-Judge, Villar Marc, Senator-Judge, Zubiri. The presiding officer, Senator-Judge Escudero. The Senate President, Senator-Judge Gatchalian. 00:12:42.910 --> 00:12:56.420 Sen. Sherwin T. Gatchalian: With 18 Senator-Judges present, the Chair declares the presence of a quorum. In accordance with the Rules of Procedure on Impeachment Trials, the Chair now recognizes the newly elected presiding officer to preside over the proceedings of the Impeachment Court. 00:12:57.760 --> 00:13:11.590 Sen. Francis "Chiz" G. Escudero: Thank you, Mr. Senate President. If there are no objections, we shall dispense with the reading of the minutes of the, rather, the Journal of September 28, 2026 of the Senate Citizen Impeachment Court. and shall consider the same as approved. 00:13:13.340 --> 00:13:18.040 Sen. Francis "Chiz" G. Escudero: The clerk will please read the case before, call the case before the impeachment court. 00:13:18.200 --> 00:13:24.120 Atty. Renato N. Bantug Jr.: Case number 004-2026 in the matter of impeachment trial of Vice President Sara Zimmerman, Duterte. 00:13:25.260 --> 00:13:26.200 Sen. Francis "Chiz" G. Escudero: Appearances of the parties. 00:13:27.960 --> 00:13:33.440 Rep. Jose Manuel “Chel” I. Diokno: Good morning, Your Honors. Good morning to our colleagues in the defense. We are ready. Same appearance, Your Honor. 00:13:33.980 --> 00:13:35.220 Sen. Francis "Chiz" G. Escudero: Thank you. Attorney 00:13:35.220 --> 00:13:35.500 Sen. Francis "Chiz" G. Escudero: Sheila? 00:13:35.880 --> 00:13:38.940 Atty. Sheila C. Sison: Good morning, Your Honors. Same appearance for the respondent of case. 00:13:40.040 --> 00:13:43.600 Sen. Francis "Chiz" G. Escudero: Honorable Diokno, who will present the witness, Mayor Duterte, this morning? 00:13:44.000 --> 00:13:57.060 Rep. Jose Manuel “Chel” I. Diokno: Before I yield the floor to one of the members of the council for the prosecution panel, may I know first, Your Honor, if the witness has submitted any documents to the Honorable Court in accordance with the subpoena? 00:14:06.850 --> 00:14:08.790 Rep. Jose Manuel “Chel” I. Diokno: It would appear that... 00:14:13.940 --> 00:14:19.300 Sen. Francis "Chiz" G. Escudero: It's still with him, counsel, but I believe he has it with him, and we have a... 00:14:20.940 --> 00:14:24.960 Sen. Francis "Chiz" G. Escudero: We have a USB of the documents which we are printing as of the moment. 00:14:25.180 --> 00:14:33.680 Rep. Jose Manuel “Chel” I. Diokno: If that is the case, if you're honest please, could we be given a few minutes to peruse those documents before we begin with the direct examination? 00:14:54.770 --> 00:15:15.190 Sen. Francis "Chiz" G. Escudero: The documents seem to be voluminous, about a hundred pages, counsel. Would you like to start while we're printing it? And we can pause once we reach the point that you will be needing to review the documents. Atty. Sheila? 00:15:15.350 --> 00:15:19.090 Atty. Sheila C. Sison: We also would need time to examine the documents. 00:15:19.090 --> 00:15:49.840 Sen. Francis "Chiz" G. Escudero: We will give both parties a copy. The clerk of court is directed to kindly print the copies. Rather, two copies. Make that three. One for the court and one for the parties each. In regard to the documents brought by Mayor Sebastian Duterte. But in the meantime, counsel, can you proceed with other preliminary matters? As I understand, you will anyway seek to establish him as a hostile witness, I understand? 00:15:50.300 --> 00:15:57.540 Rep. Jose Manuel “Chel” I. Diokno: Yes, Your Honor. May I ask that the court recognize Attorney Theodore Te, a member of the counsel for the prosecution panel. 00:15:58.200 --> 00:16:24.320 Sen. Francis "Chiz" G. Escudero: So we can proceed with the preliminary matters with the permission of both parties and then call a brief recess in order for the parties to view the documents. Hopefully, we can declare early recess for lunch so the parties can go over it over lunch and we can save on time on the time of the court and proceed with the direct and cross perhaps after lunch. Atty. Sheila, who will be representing the respondent? 00:16:24.480 --> 00:16:26.960 Atty. Sheila C. Sison: It will be Atty. Justine Nicole Gular. 00:16:29.680 --> 00:16:32.080 Sen. Francis "Chiz" G. Escudero: So, Attorney Ted and Attorney Justin. 00:16:33.160 --> 00:16:34.320 Atty. Justin Nicol B. Gular: Good morning, Your Honor. 00:16:34.320 --> 00:16:35.820 Atty. Theodore Te: Good morning, Your Honor. Thank you. 00:16:36.080 --> 00:16:38.140 Sen. Francis "Chiz" G. Escudero: Good morning, Attorney Ted. Long time no see. 00:16:39.020 --> 00:16:39.980 Atty. Theodore Te: Same here, Your Honor. 00:16:46.730 --> 00:16:48.250 Sen. Francis "Chiz" G. Escudero: Kindly make your offer, counsel. 00:16:48.650 --> 00:16:52.090 Atty. Theodore Te: Thank you, Your Honor. May it please the court. Rather, 00:16:52.110 --> 00:17:04.490 Sen. Francis "Chiz" G. Escudero: counsel, forgive me. May we call on Mayor Sebastian Duterte. Can you kindly assist the mayor, the good mayor, to the witness stand? Kindly situate him to the witness stand. Before we allow 00:17:07.910 --> 00:17:09.270 Sen. Francis "Chiz" G. Escudero: counsel to make an offer. 00:17:39.270 --> 00:17:41.390 Sen. Francis "Chiz" G. Escudero: Atty. Te, would you like a platform? 00:17:42.430 --> 00:17:45.430 Atty. Theodore Te: No, Your Honor. I think you can hear me. So, I think that's more important. 00:17:46.570 --> 00:17:47.050 Sen. Francis "Chiz" G. Escudero: Okay. 00:17:48.620 --> 00:17:52.020 Sen. Francis "Chiz" G. Escudero: The clerk is directed to kindly administer the oath to the witness. 00:18:01.360 --> 00:18:06.180 Atty. Renato N. Bantug Jr.: Sir, please raise your right hand. You, Sebastian Z. Duterte. 00:18:06.460 --> 00:18:06.900 Mayor Sebastian “Baste” Z. Duterte: Sir, 00:18:08.680 --> 00:18:26.380 Atty. Renato N. Bantug Jr.: just let me administer the oath. You, Sebastian Z. Duterte, do swear that the evidence you shall give in the case now pending between the Philippines and Vice President Sara Zimmerman Duterte shall be the truth, the whole truth, and nothing but the truth. So help you God. 00:18:28.940 --> 00:18:39.600 Sen. Francis "Chiz" G. Escudero: The witness nodded and answered in the affirmative. Upo na po kayo, Mayor Duterte. Naunawaan niyo po yung inyong pinanumpan. Kaugnayan niyong pagtestigo ngayong umaga. 00:18:39.600 --> 00:18:40.500 Mayor Sebastian “Baste” Z. Duterte: Yes, Your Honor. 00:18:40.500 --> 00:18:41.080 Sen. Francis "Chiz" G. Escudero: Salamat po. 00:18:42.720 --> 00:18:44.800 Sen. Francis "Chiz" G. Escudero: Attorney Ted, you may proceed with your offer. 00:18:45.140 --> 00:20:40.710 Atty. Theodore Te: Thank you, Your Honor. May it please the court. The testimony of the witness, Mayor Sebastian Zimmerman Duterte, is offered to prove the following matters. First, that he is a hostile witness as defined and subject to the necessary foundation to be laid by the prosecution for the honorable impeachment court to make such a declaration. Second, that he is familiar. with the corporation GenCorp Industries Inc., having approved awards on various dates within the years 2022 to 2025, specifically 15 contracts for food and catering services, and as mentioned in his extrajudicial statement, released on September 22, 2026. And in this connection, he will be asked to confirm his statement and to confirm the details of the awards made by the local government unit of Davao City to GENCORP. Third, that as the incumbent mayor of Davao City, he is the head of the procuring entity or HOPE. For all awards made by the city government of Davao City and for purposes relevant to this case, he was the HOPE. For the awards made from 2022 to 2025 to GenCorp. Fourth, that the total amount of the awards made to GenCorp Industries Incorporated from the City Government of Davao City from 2022 to 2025 was 34,216,900 pesos. Fifth, that he is familiar with a Mr. Jaime T. Cruz. Major stockholder of GenCorp, as the witness is himself a co-stockholder of Mr. Jaime T. Cruz in another corporation. Last, any other relevant matters to Article 2 of the impeachment complaint? 00:20:45.220 --> 00:20:46.140 Atty. Justin Nicol B. Gular: If I may comment... 00:20:46.140 --> 00:20:47.840 Sen. Francis "Chiz" G. Escudero: Attorney Justin, comment? 00:20:47.840 --> 00:21:22.550 Atty. Justin Nicol B. Gular: Just a general objection, Your Honor. The defense would like to put on record that the testimony of the witness is irrelevant, Your Honor, as it has already been established through the testimony of a previous witness. particularly the PhilGEPs witness that all procurement transactions that was done between the local government of Davao City and GenCorp Industries, Inc. were entered into beyond the term of the vice president during the time that she was the mayor of Davao City, Your Honor. All other purposes offered by the counsel for the prosecution is subject to cross-examination, Your Honor. 00:21:24.280 --> 00:21:30.610 Sen. Francis "Chiz" G. Escudero: Atty. Justin, would you be willing to stipulate that he is the hope? The head of the procuring entity of the City of Davao. 00:21:30.610 --> 00:21:30.850 Atty. Justin Nicol B. Gular: No 00:21:30.850 --> 00:21:32.270 Atty. Justin Nicol B. Gular: stipulation, Your Honor. Subject to cross. 00:21:32.750 --> 00:21:36.130 Sen. Francis "Chiz" G. Escudero: Subject to cross. Any comments, Attorney Ted? 00:21:36.750 --> 00:21:37.570 Atty. Theodore Te: None, Your Honor. 00:21:38.760 --> 00:21:41.020 Sen. Francis "Chiz" G. Escudero: In that case, you may proceed when you're ready, sir. 00:21:41.260 --> 00:21:42.120 Atty. Theodore Te: Thank you, Your Honor. 00:21:45.290 --> 00:21:46.330 Atty. Theodore Te: Mayong buntag, Mayor. 00:21:46.630 --> 00:21:47.190 Mayor Sebastian “Baste” Z. Duterte: Mayong buntag. 00:21:47.530 --> 00:21:54.730 Atty. Theodore Te: Morning. Mr. Witness, kayo po ang kasalukuyang mayor ng Davao City, di ho ba? 00:21:55.090 --> 00:21:55.670 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:21:55.870 --> 00:21:56.430 Atty. Theodore Te: Thank you. 00:21:58.550 --> 00:22:02.670 Atty. Theodore Te: Kapatid po ninyo si Vice President Sara Zimmerman Duterte. 00:22:02.870 --> 00:22:03.330 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:22:03.470 --> 00:22:07.710 Atty. Theodore Te: Thank you. And in fact, she is your full-blood sister. 00:22:08.110 --> 00:22:08.610 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:22:08.710 --> 00:22:27.560 Atty. Theodore Te: Thank you. Thank you, sir. Now, Mr. Mayor, do you recall having made statements describing the impeachment court in your interviews or statements to the media? 00:22:29.160 --> 00:22:34.740 Mayor Sebastian “Baste” Z. Duterte: As of now, I do not remember anything, any statement pertaining to the impeachment trials. 00:22:34.740 --> 00:22:35.120 Atty. Theodore Te: If 00:22:35.120 --> 00:22:47.360 Atty. Theodore Te: I were to show you, Mr. Mayor, a screenshot that is attributed to you, would you be able to confirm to this impeachment court if indeed that was your statement? 00:22:47.360 --> 00:22:47.560 Mayor Sebastian “Baste” Z. Duterte: Of 00:22:47.560 --> 00:22:47.720 Mayor Sebastian “Baste” Z. Duterte: course. 00:22:48.000 --> 00:23:00.810 Atty. Theodore Te: Thank you, Mr. Mayor. May I be allowed, Your Honor, to show the witness a screenshot? of a quote that he made to Newswatch. 00:23:00.810 --> 00:23:01.130 Sen. Francis "Chiz" G. Escudero: The 00:23:01.130 --> 00:23:03.310 Sen. Francis "Chiz" G. Escudero: counsel for the panel of prosecutors may do so. 00:23:03.310 --> 00:23:04.690 Atty. Theodore Te: Thank you, Your Honor. May 00:23:04.690 --> 00:23:06.110 Atty. Theodore Te: we flash it on the screen? 00:23:09.030 --> 00:23:12.570 Atty. Theodore Te: I hope you can see this. It's a bit small. 00:23:14.080 --> 00:23:15.560 Atty. Theodore Te: Can we enlarge it? 00:23:21.170 --> 00:23:23.750 Sen. Francis "Chiz" G. Escudero: Don't you have a copy of the actual statement? 00:23:23.750 --> 00:23:24.970 Atty. Theodore Te: Yes, Your Honor. If 00:23:24.970 --> 00:23:31.610 Atty. Theodore Te: we can show the witness as well, a printed copy, and if Counsel, Assistant Counsel can approach, Your Honor. 00:23:38.160 --> 00:23:48.380 Atty. Theodore Te: There is, you are being shown, Mr. Mayor, a printed copy of the screenshot with your face and your name. Do you confirm that this is your statement? 00:23:48.380 --> 00:23:48.880 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:23:48.880 --> 00:23:52.860 Atty. Theodore Te: Thank you. Thank you, Mr. Mayor. And in 00:23:54.520 --> 00:24:16.280 Atty. Theodore Te: fact, in that screenshot which you have identified, you are... You said there, and I quote, they are preventing the Vice President Inday Sara Duterte to run for the 2028 elections. Yan ang main reason ng impeachment na yan. You 00:24:16.280 --> 00:24:17.280 Atty. Theodore Te: affirm that, sir? 00:24:17.280 --> 00:24:18.320 Mayor Sebastian “Baste” Z. Duterte: That is my perception. 00:24:18.320 --> 00:24:18.740 Atty. Theodore Te: Thank 00:24:18.740 --> 00:24:27.640 Atty. Theodore Te: you. Thank you, sir. Now, may I ask you, Mr. Mayor, are you familiar with the Facebook page Sebastian Bastet Duterte? 00:24:29.340 --> 00:24:30.000 Mayor Sebastian “Baste” Z. Duterte: There are 00:24:30.000 --> 00:24:36.860 Mayor Sebastian “Baste” Z. Duterte: a lot of similar named accounts on Facebook so I may have to see this one. 00:24:36.960 --> 00:24:37.220 Atty. Theodore Te: I see. 00:24:37.500 --> 00:24:38.060 Atty. Theodore Te: Thank 00:24:38.060 --> 00:24:44.100 Atty. Theodore Te: you. Are you familiar with the Facebook account Mayor Sebastian Bastet Duterte? 00:24:44.200 --> 00:24:45.800 Mayor Sebastian “Baste” Z. Duterte: That could be my page. 00:24:46.100 --> 00:24:58.550 Atty. Theodore Te: Thank you. And so if you are shown a post from that Facebook page, you would be able to inform the Honorable Court. If that is your page or... 00:24:58.550 --> 00:24:59.650 Mayor Sebastian “Baste” Z. Duterte: We can do this. 00:24:59.650 --> 00:25:46.430 Atty. Theodore Te: Yes, Your Honor. Thank you. May I ask that the witness be shown a statement taken from the Facebook account Mayor Sebastian Duterte and assisting counsel is presenting the witness with a copy, a physical copy of the statement which is simply titled Statement September 21, 2026. Mr. Mayor, pinapakita po sa inyo yung statement na yan na lumabas sa Facebook page. Mayor Sebastian Duterte na may petsang September 21, 2026 na may pangalang Sebastian Z. Duterte at may photograph po ninyo. Nakikilala po ninyo yung statement na yan? 00:25:46.470 --> 00:25:47.070 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:25:47.210 --> 00:25:48.330 Atty. Theodore Te: That is your statement, sir? 00:25:48.450 --> 00:25:48.810 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:25:48.890 --> 00:25:56.230 Atty. Theodore Te: Thank you. And while this social media post It does 00:25:56.230 --> 00:26:03.270 Atty. Theodore Te: not contain a signature. It does contain your name. Do you affirm the truth of the contents of the statement? 00:26:03.270 --> 00:26:03.510 Mayor Sebastian “Baste” Z. Duterte: Yes, 00:26:03.530 --> 00:26:03.610 Mayor Sebastian “Baste” Z. Duterte: sir. 00:26:03.690 --> 00:26:11.720 Atty. Theodore Te: Thank you, sir. Now, let me call your attention to that statement and a highlighted portion. 00:26:13.870 --> 00:26:38.210 Atty. Theodore Te: And you can read along sir on the printed copy. The highlighted portion, let us all be vigilant in managing information and not fall prey to deceptive claims and orchestrated narratives engineered solely to serve political motives that suit personal interests and promote disunity. Do you see that in the copy sir? 00:26:38.210 --> 00:26:38.750 Mayor Sebastian “Baste” Z. Duterte: Yes sir. 00:26:38.750 --> 00:26:41.670 Atty. Theodore Te: Thank you. Do you confirm that those are your words sir? 00:26:41.670 --> 00:26:42.130 Mayor Sebastian “Baste” Z. Duterte: Yes sir. 00:26:42.130 --> 00:27:05.710 Atty. Theodore Te: Thank you. Calling your attention to another highlighted portion in the same statement. And I quote, This statement is issued ahead of any so-called lawful proceedings as I believe that the people, especially the people of the city of Davao, have the right to know. Unquote. Again, sir, do you confirm that those are your words? Those are your words, sir? 00:27:05.710 --> 00:27:05.870 Mayor Sebastian “Baste” Z. Duterte: Yes, 00:27:05.870 --> 00:27:06.010 Mayor Sebastian “Baste” Z. Duterte: sir. 00:27:06.150 --> 00:27:19.010 Atty. Theodore Te: Thank you, sir. And this characterization of quote, So-called lawful proceedings, unquote, is your description of the proceedings in the impeachment court so far? 00:27:19.590 --> 00:27:20.150 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:27:20.290 --> 00:27:21.550 Atty. Theodore Te: Thank you. Thank you, Mr. Mayor. 00:27:24.920 --> 00:27:31.860 Atty. Theodore Te: And you have not recalled or withdrawn this statement, sir? 00:27:32.100 --> 00:27:32.480 Mayor Sebastian “Baste” Z. Duterte: No. 00:27:32.600 --> 00:27:47.410 Atty. Theodore Te: Thank you, sir. Now, just to ask you, Mr. Mayor, are you aware that your sister, the Vice President, who is the respondent here, has similarly characterized these proceedings in a similar way? 00:27:47.970 --> 00:27:49.170 Mayor Sebastian “Baste” Z. Duterte: I have no idea. 00:27:49.410 --> 00:27:49.730 Atty. Theodore Te: Thank you. 00:27:51.990 --> 00:27:59.690 Atty. Theodore Te: Now, Mr. Witness, earlier, it was mentioned that a subpoena was issued to you. Do you confirm that, sir? 00:27:59.890 --> 00:28:00.250 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:28:00.330 --> 00:28:02.150 Atty. Theodore Te: Do you confirm receipt of the subpoena, sir? 00:28:02.210 --> 00:28:02.450 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 00:28:02.530 --> 00:28:08.750 Atty. Theodore Te: Thank you. And, Mr. Witness, you are here only because your attendance was compelled by subpoena. Is that correct? 00:28:09.750 --> 00:28:12.940 Mayor Sebastian “Baste” Z. Duterte: Yes, I... I honor the subpoena. 00:28:13.060 --> 00:28:16.420 Atty. Theodore Te: Thank you. So you are here only because you were asked to be here. 00:28:17.090 --> 00:28:17.450 Mayor Sebastian “Baste” Z. Duterte: Of 00:28:17.450 --> 00:28:17.590 Mayor Sebastian “Baste” Z. Duterte: course. 00:28:17.630 --> 00:28:18.210 Atty. Theodore Te: By the subpoena. 00:28:18.210 --> 00:28:18.450 Mayor Sebastian “Baste” Z. Duterte: Of 00:28:18.450 --> 00:28:18.610 Mayor Sebastian “Baste” Z. Duterte: course. 00:28:18.750 --> 00:28:25.390 Atty. Theodore Te: Thank you, sir. Were it not for the subpoena, you would not, well, you would not voluntarily be testifying here, sir. 00:28:25.390 --> 00:28:25.550 Mayor Sebastian “Baste” Z. Duterte: Of 00:28:25.550 --> 00:28:25.730 Mayor Sebastian “Baste” Z. Duterte: course. 00:28:25.950 --> 00:28:26.630 Atty. Theodore Te: Thank you, sir. 00:28:29.850 --> 00:28:30.790 Atty. Theodore Te: May it please the court. 00:28:33.720 --> 00:29:10.570 Atty. Theodore Te: We believe, Your Honor, that with that foundation, the prosecution has laid the basis for this honorable impeachment court. To characterize the testimony of the witness as hostile or adverse to the prosecution, Your Honor, Mayor Duterte is the respondent vice president's younger brother from the same set of parents. He has publicly prejudged this case as political persecution. He characterizes the proceedings as so-called lawful. 00:29:13.620 --> 00:29:37.740 Atty. Theodore Te: Volunteered his participation as a witness for the prosecution and admits that he is present only because he is compelled to be here by the subpoena of the court. And therefore, Your Honor, with respect, we believe that the prosecution has satisfied the requirements under Rule 132, Section 13 of the Rules of Evidence. 00:29:39.500 --> 00:29:51.580 Atty. Theodore Te: Hostile witness. And for this reason, Your Honor, may we request that the impeachment court characterize the witness as a hostile witness and that the prosecution then be allowed to ask leading questions, Your Honor. 00:30:00.000 --> 00:30:00.080 Atty. Justin Nicol B. Gular: I think 00:30:00.080 --> 00:31:12.440 Atty. Justin Nicol B. Gular: that they were able to qualify the witness as a hostile witness, Your Honor. Number one, Your Honor, political statements do not establish hostility towards this court and there was no hostile statement made by the witness towards this court, Your Honor. Secondly, Your Honor, with respect to the question propounded by the good counsel from the prosecution implying that the witness today has taken the same position or alleged position of the respondent in respect to the proceedings of this court, is the conclusion That was derived merely from the prosecution's own perception, not by the testimony of the witness. And third, and most importantly, Your Honor, just because the witness attended this hearing by virtue of a subpoena and that he admitted that he would not otherwise testify before this court without that subpoena, does not qualify him as an unwilling, as one that is unwilling to testify, Your Honor. It is within his freedoms, Your Honor, to testify or not. with the impeachment court. In fact, he stated clearly that he honored the subpoena of this impeachment court. Clearly, Your Honor, none of the qualifications for a witness to be declared as hostile has been established by the preliminary questions of the counsel for the prosecution, with all due respect, of course. 00:31:13.120 --> 00:31:13.520 Sen. Francis "Chiz" G. Escudero: Attorney 00:31:13.520 --> 00:31:13.720 Sen. Francis "Chiz" G. Escudero: Ted? 00:31:14.340 --> 00:31:22.890 Atty. Theodore Te: Your Honor, we do believe, Your Honor, that we have satisfied it and therefore we submit this issue, Your Honor, to the impeachment court to determine. If 00:31:22.890 --> 00:31:25.570 Sen. Francis "Chiz" G. Escudero: there is anything else, Sir Joinder, Attorney Justin? 00:31:25.570 --> 00:31:26.050 Atty. Justin Nicol B. Gular: None, Your Honor. 00:31:26.150 --> 00:31:27.790 Atty. Justin Nicol B. Gular: We trust in the discretion of the Court. 00:31:28.690 --> 00:33:04.880 Sen. Francis "Chiz" G. Escudero: Court takes judicial notice of relevant laws, specifically 6713 and 3019, both Republic Acts, wherein should allegations of the prosecution be proven, it might expose the Mayor from liability together with the respondent after the fact. Also, the court takes notice, not judicial notice, but notice of the statement made and presented by Attorney Ted. To clarify before I proceed, Rule 18 does not apply to enrich the records as well and to inform the other parties. Rule 18 did not apply or does not apply to Mayor Duterte when he made his statement, although the subpoena was already issued. Because at that time, he was not yet a witness of this court. It is only now after he took his oath that he became a witness of the court and therefore Rule 18 applies to him as to the statements he will be making before this court this morning and this afternoon. Having set that aside, court therefore declares that the adverse interest of the witness has been established and declares him a hostile witness. Attorney Ted may ask leading questions but to clarify again, not misleading questions and to respect the rights of the accused as contained in Rule 132, Section 3 in the course of its direct examination because that does not give counsel, as you know, the right to violate the provisions of the rules in the Constitution with respect to a hostile witness. 00:33:05.440 --> 00:33:06.960 Atty. Theodore Te: Understood, Your Honor. Thank you. 00:33:06.960 --> 00:33:08.280 Sen. Francis "Chiz" G. Escudero: So ordered. You may 00:33:08.280 --> 00:33:08.920 Sen. Francis "Chiz" G. Escudero: proceed, counsel. 00:33:08.920 --> 00:33:10.000 Atty. Theodore Te: If we may proceed. Thank you, Your Honor. 00:33:11.850 --> 00:33:16.910 Atty. Theodore Te: Mayor Duterte, bilang kasalukuyang mayor ng Davao City, 00:33:18.470 --> 00:33:24.830 Atty. Theodore Te: Kayo po yung tinatawag na head of the procuring entity or HOPE under the procurement law. Tama po ba yan? 00:33:24.830 --> 00:33:24.990 Mayor Sebastian “Baste” Z. Duterte: Yes, 00:33:25.010 --> 00:33:25.110 Mayor Sebastian “Baste” Z. Duterte: sir. 00:33:25.570 --> 00:33:44.030 Atty. Theodore Te: Thank you. And, Mr. Mayor, bago kayo na upo bilang mayor ng Davao City sa kasalukuyan, kayo po ay nanilbihan bilang vice mayor ng Davao City. Tama po ba yan? 00:33:44.130 --> 00:33:45.170 Mayor Sebastian “Baste” Z. Duterte: That was in 2019. 00:33:45.450 --> 00:33:53.730 Atty. Theodore Te: Yes. In 2019, yes. Thank you. And in fact, you were elected as vice mayor in the last 2022 election po? 00:33:53.970 --> 00:33:54.870 Mayor Sebastian “Baste” Z. Duterte: No, this 2025. 00:33:55.350 --> 00:33:56.910 Atty. Theodore Te: 2025, sorry. 2025 election. 00:33:57.190 --> 00:33:59.430 Mayor Sebastian “Baste” Z. Duterte: In 2022, I was elected as mayor. 00:33:59.610 --> 00:34:38.770 Atty. Theodore Te: Mayor, okay. Thank you. Thank you very much for that clarification. Now, throughout your tenure, Mr. Mayor, as a local official, you have never served as a member of a BAC or a bids and awards committee of the city, no? No. Thank you. Now, Let's go to your designation as the HOPE or the head of the procuring entity for the City of Davao. Part of your responsibilities and authority would be to approve the Annual Procurement Plan or APP of Davao City. Yes. Thank you. And part of your authority is to designate members of the BAC. 00:34:39.230 --> 00:34:39.770 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:34:39.910 --> 00:34:48.120 Atty. Theodore Te: Thank you. And included in this authority would be the authority to approve shifts in modes of procurement or alternative modes of procurement. 00:34:48.730 --> 00:34:50.270 Mayor Sebastian “Baste” Z. Duterte: Can you clarify this question? 00:34:50.550 --> 00:35:04.730 Atty. Theodore Te: Included in the authority as HOPE, head of the procuring entity, would be the authority to approve any shifts in methods of procurement or to engage in alternative modes of procurement as recommended by the BAC. 00:35:05.330 --> 00:35:08.430 Mayor Sebastian “Baste” Z. Duterte: As long as it is under the law, yes, it is allowed by the law, yes. 00:35:08.670 --> 00:35:19.870 Atty. Theodore Te: Thank you. And finally, as the head of the procuring entity, you have the power to approve awards and issue a notice of award. 00:35:20.130 --> 00:35:20.390 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:35:20.650 --> 00:35:20.870 Atty. Theodore Te: Yes. 00:35:22.960 --> 00:35:30.650 Atty. Theodore Te: Let me ask you, Mr. Mayor, are you familiar with a certain attorney, Tristan Dwight Domingo? 00:35:30.870 --> 00:35:31.390 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:35:31.690 --> 00:35:37.760 Atty. Theodore Te: And he is the... Assistant City Administrator for Administration for the City of Davao. 00:35:37.760 --> 00:35:38.580 Mayor Sebastian “Baste” Z. Duterte: That is correct. 00:35:38.580 --> 00:35:46.620 Atty. Theodore Te: Thank you. And, Atty. Domingo has authority to sign contracts for the city on your behalf. Is that not right? 00:35:46.740 --> 00:35:49.100 Mayor Sebastian “Baste” Z. Duterte: Yes. I named him as my representative. 00:35:50.600 --> 00:35:55.260 Atty. Theodore Te: And that is pursuant to a delegated authority that you have given to him. Is that not right? 00:35:55.260 --> 00:35:55.520 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:35:55.520 --> 00:36:20.940 Atty. Theodore Te: Thank you, Your Honor. And, when Atty. Domingo signs an award, or a contract as recommended by the back. That is under your authority as mayor which you delegated to him. Is that not right? And also as head of the procuring entity. Is that not right? Thank you. And this delegation is made so that you do not need to sign every contract that is being bidded upon. Is that not right? 00:36:20.940 --> 00:36:21.160 Mayor Sebastian “Baste” Z. Duterte: That 00:36:21.160 --> 00:36:21.500 Mayor Sebastian “Baste” Z. Duterte: is true. 00:36:21.680 --> 00:36:38.580 Atty. Theodore Te: And this is so that you can have more time to do other things as mayor of Davao City. Is that not right? Thank you. You are aware personally, Mr. Mayor, of the contracts that Atty. Domingo signs on your behalf? 00:36:38.580 --> 00:36:39.600 Mayor Sebastian “Baste” Z. Duterte: Not all. 00:36:39.600 --> 00:36:44.620 Atty. Theodore Te: Not all? So there are certain contracts that Atty. Domingo would sign that you would not have seen? 00:36:45.180 --> 00:36:50.110 Mayor Sebastian “Baste” Z. Duterte: No. If it comes to my table, yes, I would be aware of it. 00:36:50.210 --> 00:36:50.630 Atty. Theodore Te: Thank you. 00:36:50.630 --> 00:36:50.650 Mayor Sebastian “Baste” Z. Duterte: If 00:36:50.650 --> 00:36:50.970 Mayor Sebastian “Baste” Z. Duterte: there is 00:36:50.970 --> 00:36:53.390 Mayor Sebastian “Baste” Z. Duterte: an irregularity, then I would be aware of it. 00:36:53.390 --> 00:37:15.700 Atty. Theodore Te: I see. Thank you. Thank you for that clarification. And so, in relation to the Contracts that have been mentioned, Your Honor, in your statement of September 21 that you alluded to, those contracts do not bear your signature. Is that not right? 00:37:15.960 --> 00:37:16.300 Mayor Sebastian “Baste” Z. Duterte: That's correct. 00:37:16.520 --> 00:37:35.730 Atty. Theodore Te: They were signed by Attorney Domingo under the delegated authority. Thank you. Thank you so much. And that authority, Mr. Mayor, has not been revoked by you. No. So, Atty. Domingo still has that signing authority. Yes. Thank you. 00:37:37.560 --> 00:37:47.820 Atty. Theodore Te: You're aware, Mr. Mayor, that delegating your signing authority to Atty. Domingo does not delegate your accountability as the hope. Of 00:37:47.820 --> 00:37:48.000 Mayor Sebastian “Baste” Z. Duterte: course. 00:37:48.120 --> 00:37:51.920 Atty. Theodore Te: Correct. You are still the final accountable officer. 00:37:51.920 --> 00:37:52.280 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:37:52.280 --> 00:37:58.200 Atty. Theodore Te: Thank you, sir. And you're also aware that under the law, 00:38:00.600 --> 00:38:06.150 Atty. Theodore Te: Head of Procuring Entity cannot delegate the authority to sign if there is a conflict of interest. 00:38:06.150 --> 00:38:06.990 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:38:06.990 --> 00:38:20.560 Atty. Theodore Te: Thank you. Thank you, sir. Now, Mr. Mayor, in your statement, September 21, which was shown to you earlier, you alluded to a company called GenCorp Industries Incorporated. Is that not right? 00:38:20.900 --> 00:38:21.120 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:38:21.260 --> 00:38:25.200 Atty. Theodore Te: And so you are familiar with this corporation called GenCorp Industries Incorporated? 00:38:26.000 --> 00:38:29.380 Mayor Sebastian “Baste” Z. Duterte: When it has been raised in this court, but before that, no. 00:38:29.850 --> 00:38:39.450 Atty. Theodore Te: I see. Okay. So your familiarity with GenCorp Industries Inc., your honor, is only limited to their participation in the contracts? 00:38:39.890 --> 00:38:42.350 Mayor Sebastian “Baste” Z. Duterte: When it was mentioned here, in 00:38:42.960 --> 00:38:45.520 Mayor Sebastian “Baste” Z. Duterte: this court. It's only in relation to the 00:38:45.520 --> 00:38:45.840 Mayor Sebastian “Baste” Z. Duterte: mention 00:38:45.840 --> 00:38:47.020 Mayor Sebastian “Baste” Z. Duterte: of GenCorp in this 00:38:47.020 --> 00:38:51.710 Mayor Sebastian “Baste” Z. Duterte: court. When I was served as subpoena. I 00:38:51.710 --> 00:39:06.920 Atty. Theodore Te: see. I see. So just to clarify, sir, your knowledge of GenCorp Industries Inc. is limited to the reference of GENCORP in this court. 00:39:07.160 --> 00:39:07.660 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:39:07.860 --> 00:39:13.400 Atty. Theodore Te: I see. And so you do not have independent knowledge of GENCORP Interstate Incorporated? 00:39:13.740 --> 00:39:14.060 Mayor Sebastian “Baste” Z. Duterte: No. 00:39:14.280 --> 00:39:27.680 Atty. Theodore Te: I see. And you don't have independent knowledge of GENCORP Interstate Incorporated by reason of their participation in the procurement bids that they made in relation to the city of Davao, sir? 00:39:27.820 --> 00:39:29.300 Atty. Justin Nicol B. Gular: Objection, Your Honor. Asked and answered. 00:39:29.560 --> 00:39:32.140 Atty. Theodore Te: Not yet, Your Honor. I've never asked that question. 00:39:32.180 --> 00:39:36.220 Atty. Justin Nicol B. Gular: That is covered by the previous question repounded by the counsel for prosecution. 00:39:36.620 --> 00:39:50.020 Atty. Theodore Te: I'm sorry. Your Honor, it is to clarify because he mentioned that he only heard it here but his statement, Your Honor, alludes to GenCorp. And so we are clarifying whether it is in fact only in relation to this reference. 00:39:50.020 --> 00:39:50.640 Sen. Francis "Chiz" G. Escudero: The court will 00:39:50.640 --> 00:39:57.720 Sen. Francis "Chiz" G. Escudero: allow it. With this, may I answer? Kindly answer, Mayor Duterte. If you forgot the question, you may ask the counsel to repeat it. 00:40:00.680 --> 00:40:01.340 Atty. Theodore Te: Mr. Mayor? 00:40:01.340 --> 00:40:01.480 Mayor Sebastian “Baste” Z. Duterte: Can 00:40:01.480 --> 00:40:01.880 Mayor Sebastian “Baste” Z. Duterte: you reiterate? 00:40:02.100 --> 00:40:16.180 Atty. Theodore Te: Yes, yes. Sorry. Okay. So, in relation, your reference to your, sorry, your familiarity with GenCorp Industries Inc. is only by reason of the reference here in the impeachment court. 00:40:16.380 --> 00:40:16.600 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:40:16.800 --> 00:40:18.800 Atty. Theodore Te: Thank you. Thank you, sir. Okay. 00:40:23.150 --> 00:40:33.630 Atty. Theodore Te: You are, therefore, not familiar, Mr. Witness, that your sister, the Vice President, has actually declared an interest in GenCorp? You're not familiar with that? 00:40:33.630 --> 00:40:33.870 Mayor Sebastian “Baste” Z. Duterte: No. 00:40:33.870 --> 00:40:34.570 Atty. Theodore Te: No, you're not? 00:40:34.770 --> 00:40:35.150 Mayor Sebastian “Baste” Z. Duterte: No. 00:40:35.210 --> 00:40:48.770 Atty. Theodore Te: You're not familiar having heard the proceedings in the impeachment court that she has declared GENCORP twice in her SALNs for 2024 and 2025. You're not familiar with that, sir? 00:40:48.770 --> 00:40:49.130 Mayor Sebastian “Baste” Z. Duterte: No. 00:40:49.130 --> 00:40:56.290 Atty. Theodore Te: No, you're not. Okay. Despite having heard the references to GENCORP in this trial. 00:40:56.850 --> 00:40:57.710 Atty. Justin Nicol B. Gular: Argumentative, Your Honor. 00:40:58.230 --> 00:40:59.110 Atty. Theodore Te: Withdrawn, Your Honor. 00:40:59.330 --> 00:41:00.150 Sen. Francis "Chiz" G. Escudero: I will have to suspend. 00:41:03.320 --> 00:41:03.840 Atty. Theodore Te: If 00:41:07.140 --> 00:41:20.090 Atty. Theodore Te: I were to show you, Mr. Witness, your sister's SALNs for 2024 and 2025, would you be able to identify GenCorp based on your knowledge of GenCorp? 00:41:20.330 --> 00:41:31.950 Atty. Justin Nicol B. Gular: Objection, Your Honor. The Witness is not incompetent to identify, much less authenticate, and incompetent, Your Honor, rather, to authenticate documents, silence particularly, that are not his, Your Honor. 00:41:32.770 --> 00:41:35.390 Sen. Francis "Chiz" G. Escudero: Objection is sustained, counsel. This would be incompetent. 00:41:35.470 --> 00:41:36.670 Atty. Theodore Te: We will move on. 00:41:36.670 --> 00:41:36.890 Sen. Francis "Chiz" G. Escudero: Move 00:41:36.890 --> 00:41:37.010 Sen. Francis "Chiz" G. Escudero: on. 00:41:38.570 --> 00:41:44.930 Atty. Theodore Te: In your statement, September 21, and may we have it flashed on screen, Your Honor? 00:41:49.750 --> 00:41:58.010 Atty. Theodore Te: In the first paragraph, sorry, could we have the statement without the marking? 00:41:59.930 --> 00:42:04.190 Atty. Theodore Te: In the first paragraph of your statement, can you show, can the assisting counsel show the... 00:42:07.110 --> 00:42:34.900 Sen. Francis "Chiz" G. Escudero: Assistant Councils are authorized from both parties to approach the witness. While we have a short lull, the copies have been printed. It will be distributed to the counsel for the prosecutors as well as counsel for the respondent in a few minutes so that you can assign an assisting counsel to go over the same but we will nevertheless give you time over lunch to peruse the documents. 00:42:35.450 --> 00:42:36.230 Atty. Theodore Te: Thank you. Thank you, 00:42:36.270 --> 00:42:37.530 Atty. Theodore Te: Your 00:42:37.530 --> 00:43:09.370 Atty. Theodore Te: Honor. And these were from the period 2022 to 2025. 00:43:09.870 --> 00:43:11.190 Mayor Sebastian “Baste” Z. Duterte: Yes, based on our records. 00:43:11.530 --> 00:43:18.670 Atty. Theodore Te: Thank you. And during all this time, 2022 to 2025, you were the head of the procuring entity. Is that right? 00:43:18.670 --> 00:43:18.750 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:43:18.750 --> 00:43:33.540 Atty. Theodore Te: Thank you, sir. Now, in your statement, the same statement, September 21, 2026, may I call your attention to the second paragraph where you declared, sorry, third paragraph, sorry. 00:43:36.780 --> 00:43:49.700 Atty. Theodore Te: In every instance, GenCorp Industries was rigorously evaluated and determined to have submitted the lowest calculated and responsive bid or offer. Do you confirm that in your statement, sir? 00:43:49.800 --> 00:43:51.640 Atty. Justin Nicol B. Gular: Your Honor, before the witness answers. 00:43:51.640 --> 00:43:52.640 Sen. Francis "Chiz" G. Escudero: Yes, Attorney Justin. 00:43:52.640 --> 00:43:59.780 Atty. Justin Nicol B. Gular: Considering that we do not have a copy of this statement, may we request from the prosecution that we be given an extra copy. 00:43:59.780 --> 00:44:01.740 Atty. Theodore Te: Certainly, certainly. I'm sorry, 00:44:02.720 --> 00:44:02.840 Atty. Theodore Te: Attorney 00:44:02.840 --> 00:44:04.370 Atty. Theodore Te: Justin. 00:44:04.370 --> 00:44:05.900 Atty. Justin Nicol B. Gular: So I could follow as well. 00:44:06.900 --> 00:44:07.960 Sen. Francis "Chiz" G. Escudero: Thank you, Atty. Ted. 00:44:09.220 --> 00:44:10.420 Atty. Justin Nicol B. Gular: Maraming salamat po, Atty. 00:44:10.480 --> 00:44:12.410 Sen. Francis "Chiz" G. Escudero: You may proceed, Atty. Ted? 00:44:12.410 --> 00:44:14.340 Atty. Theodore Te: May I ask that you reiterate the question, sir? 00:44:15.380 --> 00:44:15.900 Atty. Theodore Te: In 00:44:15.900 --> 00:44:37.110 Atty. Theodore Te: that highlighted portion, third paragraph, sir, of your statement, the first sentence, in every instance, GenCorp Industries Inc. was rigorously evaluated and determined to have submitted the lowest calculated responsive bid or offer. You confirm that that sentence appears? In your statement. Yes, 00:44:37.170 --> 00:44:37.370 Mayor Sebastian “Baste” Z. Duterte: sir. 00:44:37.430 --> 00:44:57.720 Atty. Theodore Te: Thank you, sir. And so you are personally confirming this to the court to be true that GenCorp was rigorously evaluated and determined. Thank you, sir. Now, Mr. Mayor, pinapakita ko po sa inyo ang isang request for quotation ng Davao City para sa second quarter ng taong 2024. 00:45:01.810 --> 00:45:14.640 Atty. Theodore Te: May we ask that it be flashed on the screen? Thank you. May we ask assisting counsel to show the witness a physical copy of the document. 00:45:19.300 --> 00:45:36.900 Atty. Theodore Te: There is a highlighted portion, Mr. Mayor. For the record, Your Honor, this refers to Prosecution Exhibit P-Roman 2-6-34. There is a highlighted portion, Mr. Witness. 00:45:38.720 --> 00:45:49.380 Atty. Theodore Te: Corresponding to item 5 of that document. May I request you, sir, if you could read it aloud for the court? Item 5, sir. 00:45:49.840 --> 00:46:03.620 Mayor Sebastian “Baste” Z. Duterte: Line of business, the supplier must have a certificate issued by the CMO through the head of business bureau indicating that the line of business has been operational for at least 5 years in the market and shall be submitted as part of the eligibility documents. Thank 00:46:03.620 --> 00:46:04.160 Atty. Theodore Te: you, Mr. Mayor. 00:46:05.850 --> 00:46:09.210 Atty. Theodore Te: This request for quotation came from the city of Davao. Is that right? 00:46:09.210 --> 00:46:09.270 Mayor Sebastian “Baste” Z. Duterte: Of course. 00:46:09.370 --> 00:46:26.110 Atty. Theodore Te: Thank you, sir. And therefore, this requirement, line of business, requiring that bidders must be in this line of business for at least five years, this is a requirement by the city of Davao to interested bidders. 00:46:26.110 --> 00:46:26.830 Mayor Sebastian “Baste” Z. Duterte: It should be, yes. 00:46:26.830 --> 00:46:58.190 Atty. Theodore Te: Thank you, sir. So, I'll go back to your statement, sir. You said that you had Rigorously examined, evaluated rather is your word. Rigorously evaluated GenCorp Industries Inc. So in that evaluation, sir, were you able to determine if GenCorp indeed complied with this particular requirement imposed by the City of Davao? 00:46:58.430 --> 00:47:03.070 Mayor Sebastian “Baste” Z. Duterte: I do not know that as of now. We can check our records 00:47:03.070 --> 00:47:04.040 Mayor Sebastian “Baste” Z. Duterte: in the city. 00:47:04.040 --> 00:47:12.840 Atty. Theodore Te: I see. Okay. But as of now, sir, you have no personal knowledge if in fact GenCorp has been in existence for at least five years, sir? 00:47:12.840 --> 00:47:13.740 Mayor Sebastian “Baste” Z. Duterte: I do not know. 00:47:13.740 --> 00:47:17.760 Atty. Theodore Te: I see. You did not, as part of your... 00:47:17.760 --> 00:47:17.820 Mayor Sebastian “Baste” Z. Duterte: It 00:47:17.820 --> 00:47:22.770 Mayor Sebastian “Baste” Z. Duterte: is presumed that GenCorp has complied. 00:47:23.270 --> 00:47:27.210 Atty. Theodore Te: Thank you, Your Honor. Thank you for volunteering that statement, Your Honor. 00:47:28.930 --> 00:47:33.290 Atty. Theodore Te: According to you, sir, it is presumed that GenCorp has complied. 00:47:33.550 --> 00:47:33.970 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:47:33.970 --> 00:47:34.190 Atty. Theodore Te: I 00:47:34.190 --> 00:47:43.890 Atty. Theodore Te: see. And so, when you say that, sir, that's not part of the rigorous evaluation that you made for GenCorp. 00:47:43.890 --> 00:47:44.930 Atty. Justin Nicol B. Gular: Argumentative, Your Honor. 00:47:44.930 --> 00:47:47.830 Atty. Theodore Te: Your Honor, I'm simply using the witness's own statement, Your Honor. 00:47:47.890 --> 00:47:48.690 Sen. Francis "Chiz" G. Escudero: Move on, counsel. 00:47:48.910 --> 00:47:49.210 Atty. Theodore Te: Thank you, 00:47:49.230 --> 00:47:49.410 Atty. Theodore Te: Your Honor. 00:47:49.410 --> 00:47:49.970 Sen. Francis "Chiz" G. Escudero: Move on, please. 00:47:50.510 --> 00:47:59.590 Atty. Theodore Te: Now, you did not have occasion to take a look at the corporate documents of GenCorp, sir? 00:47:59.850 --> 00:48:00.690 Atty. Justin Nicol B. Gular: Asked and answered, Your 00:48:00.690 --> 00:48:00.970 Atty. Justin Nicol B. Gular: Honor. 00:48:00.970 --> 00:48:02.190 Atty. Theodore Te: I've never asked that question. 00:48:02.540 --> 00:48:05.200 Sen. Francis "Chiz" G. Escudero: Witness may answer? And witness is already answered? 00:48:06.060 --> 00:48:06.540 Atty. Theodore Te: No. 00:48:08.650 --> 00:48:09.130 Atty. Theodore Te: Okay. 00:48:11.280 --> 00:48:13.420 Atty. Theodore Te: Let's go to the 00:48:15.210 --> 00:48:27.370 Atty. Theodore Te: total number of awards that have been awarded to GenCorp by the City of Davao. You confirm, sir, that this would be 15 awards, sir? 00:48:27.930 --> 00:48:29.710 Mayor Sebastian “Baste” Z. Duterte: No, this is 19. 00:48:29.710 --> 00:48:30.550 Atty. Theodore Te: Ah, 19, sir? 00:48:30.550 --> 00:48:31.810 Mayor Sebastian “Baste” Z. Duterte: It is in the statement. 00:48:32.090 --> 00:48:40.370 Atty. Theodore Te: I see. So 19, sir. Okay. And were these awards... Sir, part of the documents that you have brought before this court? 00:48:40.650 --> 00:48:40.890 Mayor Sebastian “Baste” Z. Duterte: Yes. 00:48:41.110 --> 00:49:08.920 Atty. Theodore Te: I see. Your Honor, at this point, may we be allowed a brief recess so we could peruse the documents so that we could compare? Considering, Your Honor, that the Phil Jepps representative had, in fact, identified only 15 and the witness, Mayor Duterte, is saying now there are 19. So, Your Honor, may we be allowed a brief recess to take a look at the documents? 00:49:09.640 --> 00:49:28.820 Sen. Francis "Chiz" G. Escudero: May I ask how many minutes the parties would need? Again, I think the documents consist of about 100 pages. How many minutes would each side need to go over them? So that we can roughly calculate it over lunch. We can add the time for lunch recess. 00:49:29.580 --> 00:49:32.580 Atty. Theodore Te: Your Honor, would 15 minutes be reasonable, Your Honor? 00:49:32.800 --> 00:49:33.700 Sen. Francis "Chiz" G. Escudero: Attorney Justin? 00:49:34.450 --> 00:49:36.930 Atty. Justin Nicol B. Gular: We will see, Your Honor. We haven't seen these documents. It's 00:49:36.930 --> 00:49:39.790 Atty. Justin Nicol B. Gular: about 100 pages. 00:49:39.790 --> 00:49:40.870 Sen. Francis "Chiz" G. Escudero: We're about to give it to you. 00:49:40.870 --> 00:49:41.030 Atty. Justin Nicol B. Gular: We 00:49:41.030 --> 00:49:42.590 Atty. Justin Nicol B. Gular: also do not have the copies yet, Your Honor. 00:49:43.620 --> 00:50:13.980 Sen. Francis "Chiz" G. Escudero: They're just collating it. Perhaps we can, with the permission of the Senator-Judges, the Chair can just simply make use of the time by issuing a ruling on the request for admission and the objection and motion to expunge by the respondent. And then we pause for an early lunch recess before 11 o'clock and convene again at 12.15. 00:50:18.340 --> 00:50:21.400 Sen. Francis "Chiz" G. Escudero: I don't 00:50:24.440 --> 00:50:46.870 Sen. Francis "Chiz" G. Escudero: hear anyone objecting so I guess we can do that. We shall suspend the direct examination of Mayor Duterte. and shall continue with the same after we resume at 12.15 to afford the parties enough time to go over the documents. 00:50:48.680 --> 00:51:31.520 Sen. Francis "Chiz" G. Escudero: Mayor Duterte, mayroon pong pagkain doon sa holding room area para po sa inyo at sa mga kasamahan niyo so that hopefully we can finish with your testimony today. Forgive us for the time needed by the parties to Go over the documents. In the meantime, the chair hereby excuses for the meantime Mayor Duterte so that the chair can make his ruling on the request for admission and rejection and motion to expunge by the parties. You are excused Mayor Duterte for the meantime. You can either sit there still and watch the proceedings or go to the holding room at your pleasure. Thank you sir for the meantime. 00:51:32.020 --> 00:51:32.460 Mayor Sebastian “Baste” Z. Duterte: I 00:51:32.460 --> 00:51:33.760 Mayor Sebastian “Baste” Z. Duterte: would prefer to go to the holding room. 00:51:33.940 --> 00:51:36.220 Sen. Francis "Chiz" G. Escudero: Yes sir. You may do so sir. Thank you po. 00:51:38.920 --> 00:52:10.660 Sen. Francis "Chiz" G. Escudero: Again, while the documents are being collated to be given to the counsel for the respondent, the Chair will make a ruling with respect to the request for admission and respondent's objection thereto with a prayer to expunge. As is usual, the Chair will no longer issue a separate order, but instead the parties can rely on the Journal which shall contain in toto the ruling of the Chair on the matter. On September 8, 2026, the prosecution filed a request for admission. 00:52:11.580 --> 00:53:35.410 Sen. Francis "Chiz" G. Escudero: Covering 104 matters concerning respondent's personal circumstances in former public offices, her spouse, Manassas Carpio's business interests, and various BAR and bank records. Respondent was given until September 23 to respond. On September 23, 2026, respondent through counsel filed an objection seeking to expunge the request. She argued that Rule 26 of the Revised Rules of Civil Procedure do not apply to impeachment proceedings. because, among others, it improperly shifts the prosecution's burden of proof, giving their highly penal character, circumvents their right against self-incrimination, and seeks matters protected by marital and filial privilege. On September 28, 2026, the prosecution manifested in open court its willingness to withdraw or openness to withdraw the request for admission and instead sought stipulations from the respondent. Stipulations require the parties' agreement and cannot be compelled by this court. Nevertheless, the impeachment court finds it necessary to address the issues raised by the request, although there is an offer to withdraw the request for admission, in order to guide the parties subsequently insofar as these impeachment proceedings are concerned, and also for any future persuasive effect this may have on future impeachment courts. 00:53:37.200 --> 00:56:24.070 Sen. Francis "Chiz" G. Escudero: Rule 26. Revised Rules of Civil Procedure for the Presiding Officer cannot prevail over Section 17, Article 3 of the Philippine Constitution which provides, quote, No person shall be compelled to be a witness against himself. Being part of the Bill of Rights, the right against self-incrimination remains protected even under impeachment process as held. In Duterte, VHOR, G.R. No. 278353. The principles laid down in People versus Ang, G.R. No. 231854, as well are instructive. If the request is allowed, any material and relevant matter of fact so requested for answer will be tantamount to compelling the respondent to be a witness against herself. Her failure to answer a request for admission, on the other hand, will be deemed an admission of fact requested to be admitted. Moreover, Rule 26 requires the answer to be under oath That Rule 26 requires the answer to be under oath, exposes the party requested to the additional peril of being held liable for perjury, and thus constitutes compulsion that is not allowed under the Constitution. While the impeachment court welcomes the prosecution's desire to narrow the issues for trial, identify matters genuinely in dispute, and avoid unnecessary proof of uncontroverted matters, any such measure to expedite the proceedings must always yield. To the protection of the substantial rights of the respondent under the Constitution. In the same vein, the Court deems it necessary to state that discovery cannot be used as a substitute for presenting competent evidence. Procedural due process requires the prosecution to establish the charges through competent evidence and that respondent be afforded a fair and meaningful opportunity to contest such evidence. The prosecution cannot shift its burden of proof to respondent through the simple expedience of a request for admission. Citing as basis, Solidbank Corporation v. Gateway Electronics, G.R. 164805. To compel the respondent to answer the request under pain of having the matters therein deemed admitted would undermine these safeguards. The impeachment court therefore rules that respondent cannot be required to serve a written response to the request for admission. The prosecution's position that impeachment is not a criminal prosecution does not displace these safeguards. Gutierrez v. House of Representatives, G.R. No. 193459, explains that impeachment is analogous to a criminal trial, although it is not a criminal prosecution. 00:56:25.440 --> 00:57:37.980 Sen. Francis "Chiz" G. Escudero: In, In re Impeachment of Horrilleno, 43 Phil. 212, a 1922 case, the court also noted that impeachment proceedings before the courts have been described in other jurisdictions as highly penal in character. To reiterate Duterte v. House of Representatives previously cited, it holds that the Bill of Rights applies throughout the impeachment process. Respondents' right against self-incrimination under Article 3, Section 17 must therefore be respected in this trial. Accordingly, The respondent's objection to the application of Rule 26 is sustained. Respondent need not answer the request for admission and her failure to answer shall not be deemed an admission. However, her prayer to expunge the request is denied. The request, the objection, and this ruling shall remain in the record as part of the proceedings, but with the admonition and reminder to Senator-Judges that the request for admission shall have no evidentiary, factual, or prejudicial effect against the respondent. In view of the foregoing, the impeachment court finds no need to address respondent's objection based on marital and filial privilege. So ordered. 00:57:40.430 --> 00:57:41.810 Sen. Francis "Chiz" G. Escudero: It's 10.50. 00:57:47.870 --> 00:57:50.370 Sen. Francis "Chiz" G. Escudero: Attorney Sheila, can you confirm that you already have a copy? 00:57:55.120 --> 00:57:56.440 Atty. Sheila C. Sison: Yes, Your Honor, we confirm. 00:57:57.310 --> 00:58:06.510 Sen. Francis "Chiz" G. Escudero: So, we pause for early recess and lunch break and we resume at 12.15. Would that be okay for the parties? Honorable Shell, can you confirm? 00:58:06.850 --> 00:58:07.390 Rep. Jose Manuel “Chel” I. Diokno: Yes, Your Honor. 00:58:07.630 --> 00:58:10.330 Sen. Francis "Chiz" G. Escudero: Can you work over lunch, Attorney Sheila? 00:58:11.560 --> 00:58:12.380 Atty. Sheila C. Sison: Yes, Your Honor. 00:58:12.660 --> 00:58:20.180 Sen. Francis "Chiz" G. Escudero: So, we see each other at 12.15. Court declares an early lunch recess and we shall resume at 12.15. 02:24:06.000 --> 02:24:28.720 Sen. Francis "Chiz" G. Escudero: For the record, we declared an early lunch recess to afford the parties the opportunity to go over the documents brought by the Honorable Mayor of Davao City by virtue of the subpoena issued by the court. Do the parties confirm that they were able to go over the documents? Atty. Ted? 02:24:29.180 --> 02:24:52.410 Atty. Theodore Te: Yes, Your Honor. For the record, Of the documents that the Mayor Duterte brought to this court, 15 of those documents match the documents that were produced by Mr. Sopeña of PhilGEPS. There are four, Your Honor, that do not appear from the PhilGEPS documents. Not 02:24:52.410 --> 02:24:58.370 Sen. Francis "Chiz" G. Escudero: that they do not necessarily match, but they are not found in the PhilGEPS documents identified by the previous witness. 02:24:58.370 --> 02:25:51.210 Atty. Theodore Te: Yes, Your Honor, they were not identified and they were not presented. During the PhilGEPS testimony or honor. So just for the record, this would refer to a purchase order for the third quarter of 2026 and then a purchase order for the second quarter of 2026 and then another purchase order for the first quarter of 2024 and A purchase order that does not indicate the date but actually indicates a date of delivery of April to June 2023, Your Honor. So these are the four documents that have not been presented during the PhilGEPS. Mr. Sopeña's testimony, Your Honor. And so bringing the total to 19, Your Honor. 02:25:51.390 --> 02:26:39.410 Atty. Justin Nicol B. Gular: Atty. Justin, Your Honor. We received the documents, but just to set the record straight, Your Honor, I think it would be inaccurate to say that certain documents are not found in the PhilGEPs or was not produced by the PhilGEPs. I think the more accurate term, with all due respect, of course, to the prosecution, is that there was no testimony in respect to four transactions, Your Honor. And particularly, they are not in the PhilGEPs summary. Number 1, the April to June 2023 transaction. Number 2, the January to March 2024 transaction. Number 3, the July to September 2026 transaction. And number 4, April to June 2026. Just for the record, Your Honor. 02:26:47.420 --> 02:26:53.780 Sen. Francis "Chiz" G. Escudero: Amid mention of 19 transactions as earlier pointed out in a statement. Would that be correct, counsels? 02:26:54.060 --> 02:26:55.440 Atty. Theodore Te: Yes, your honor. We confirm that. 02:26:55.600 --> 02:26:55.760 Sen. Francis "Chiz" G. Escudero: Okay. 02:26:56.240 --> 02:26:58.760 Sen. Francis "Chiz" G. Escudero: Can we proceed now with the continuation of the direct? 02:26:59.540 --> 02:27:00.540 Atty. Theodore Te: Yes, your honor. Thank you. 02:27:01.800 --> 02:27:07.360 Sen. Francis "Chiz" G. Escudero: Kindly situate, kindly assist Mayor Sebastian Duterte to the witness stand to continue with this direct examination. 02:27:16.740 --> 02:27:23.660 Sen. Francis "Chiz" G. Escudero: I hope counsel for the parties as well as the witness was able to partake of lunch despite the fact that it was a working lunch. 02:27:24.420 --> 02:27:25.160 Atty. Theodore Te: Yes, your honor. 02:27:27.500 --> 02:27:28.060 Sen. Francis "Chiz" G. Escudero: Thank you. 02:27:29.800 --> 02:27:36.220 Sen. Francis "Chiz" G. Escudero: Mayor, naunawaan niyo po. Patuloy kayo magdetestigo dito sa hukumang ito sa ilalim ng naunan niyo pong panunumpa. 02:27:36.780 --> 02:27:37.440 Mayor Sebastian “Baste” Z. Duterte: Yes, Your Honor. 02:27:37.640 --> 02:27:41.300 Sen. Francis "Chiz" G. Escudero: Thank you. Attorney Ted, you may proceed when you're ready. 02:27:41.300 --> 02:27:42.100 Atty. Theodore Te: Thank you, Your Honor. 02:27:42.100 --> 02:27:43.720 Sen. Francis "Chiz" G. Escudero: With the continuation of your direct examination. 02:27:44.200 --> 02:27:45.300 Atty. Theodore Te: Yes, Your Honor. Thank you, Your Honor. 02:27:47.260 --> 02:27:58.410 Atty. Theodore Te: Mr. Mayor, balikan po natin yung testimony ninyo patungkol po doon sa... GenCorp Industries Inc. 02:28:00.650 --> 02:28:07.750 Atty. Theodore Te: Nabanggit po ninyo yung GenCorp doon sa statement ninyo ng September 21, 2026. Tama po, ano? 02:28:07.750 --> 02:28:08.170 Mayor Sebastian “Baste” Z. Duterte: Yes, 02:28:08.170 --> 02:28:08.290 Mayor Sebastian “Baste” Z. Duterte: sir. 02:28:08.390 --> 02:28:28.810 Atty. Theodore Te: Apo. And yung pagkabanggit po ninyo doon sa GenCorp, doon sa statement ninyo, batay po doon sa naunang sinabi nyo, para lang po ma-remind po tayo, ang sinabi po ninyo, ang reference na yun po, Ay nakuha mo lang dito sa impeachment trial. 02:28:29.150 --> 02:28:29.710 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:28:32.510 --> 02:28:44.350 Atty. Theodore Te: Bukod doon, wala na po kayong nakitang reference sa Gen Corp. Bukod doon dito sa binabanggit po sa impeachment trial. You 02:28:44.350 --> 02:28:45.390 Mayor Sebastian “Baste” Z. Duterte: mean prior to the Sabina? 02:28:45.570 --> 02:28:45.870 Atty. Theodore Te: Yes, 02:28:46.230 --> 02:28:46.330 Atty. Theodore Te: sir. 02:28:46.430 --> 02:29:13.520 Atty. Theodore Te: Thank you. Thank you, sir. So, balikan po natin yung inyong statement ng September 21. I think may kopya pa po kayo diyan kung gusto po ninyong basahin. Balikan ko po lang yung sentence po sa second paragraph na sinabi po ninyo, GenCorp was rigorously evaluated and determined to have submitted the lowest calculated responsive bid or offer. 02:29:14.890 --> 02:29:19.590 Atty. Theodore Te: Ibig sabihin po nito sir, ginawa niyo po yung rigorous 02:29:21.200 --> 02:29:26.300 Atty. Theodore Te: Evaluation of GenCorp after you received the subpoena, sir? 02:29:26.300 --> 02:29:27.700 Mayor Sebastian “Baste” Z. Duterte: No. 02:29:27.700 --> 02:29:28.700 Atty. Theodore Te: Okay. 02:29:28.780 --> 02:29:35.110 Mayor Sebastian “Baste” Z. Duterte: When it was submitted, the BAC did its job. 02:29:35.330 --> 02:29:43.560 Atty. Theodore Te: I see. Thank you, sir. The BAC was the one that rigorously examined GenCorp. 02:29:43.700 --> 02:29:43.920 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:29:44.260 --> 02:29:45.220 Atty. Theodore Te: Hindi kayo. 02:29:46.160 --> 02:29:47.360 Mayor Sebastian “Baste” Z. Duterte: Not precisely me. 02:29:47.520 --> 02:29:47.980 Atty. Theodore Te: Not you. 02:29:48.080 --> 02:29:48.520 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:29:48.540 --> 02:29:52.060 Atty. Theodore Te: Thank you, sir. Dahil po, hindi kayo member ng BAC. Tama po ba? 02:29:52.160 --> 02:29:52.480 Mayor Sebastian “Baste” Z. Duterte: Correct. 02:29:52.620 --> 02:29:56.750 Atty. Theodore Te: Kayo po yung head of procuring entity. Final approval po kayo. 02:29:56.780 --> 02:29:57.140 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:29:57.340 --> 02:29:57.640 Atty. Theodore Te: Tama po. 02:30:01.290 --> 02:30:14.850 Atty. Theodore Te: Tama po ba ang intindi ko, sir, dun sa statement ninyo na GenCorp was rigorously evaluated and determined to have submitted the lowest calculated responsibility to offer? You are referring to the back, not to you yourself, sir. 02:30:16.440 --> 02:30:16.960 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:30:17.200 --> 02:30:31.500 Atty. Theodore Te: Yes, thank you. So, in relation to this statement, hindi mo rin inusisa personally yung corporate documents ng GenCorp? 02:30:33.500 --> 02:30:35.300 Mayor Sebastian “Baste” Z. Duterte: Because there was no irregularity. 02:30:37.040 --> 02:30:41.480 Atty. Theodore Te: Yes, but so you did not personally examine the corporate records of GenCorp? 02:30:41.500 --> 02:30:52.910 Mayor Sebastian “Baste” Z. Duterte: Most, most of the submissions for procurement, I cannot look at all of these. 02:30:53.130 --> 02:30:53.450 Atty. Theodore Te: I see. 02:30:55.760 --> 02:31:00.580 Atty. Theodore Te: Naintindihan ko po yan. Madami po yan. Pero zero-in po tayo, sir, sa GenCorp. 02:31:03.000 --> 02:31:04.680 Atty. Theodore Te: Labing siyam po yan. Nineteen. 02:31:04.860 --> 02:31:14.140 Atty. Theodore Te: Tama po, sir. So, dito sa 19 na documents na tinutukoy niyo na GenCorp ang award, balikan ko pala yung tanong ko. 02:31:16.270 --> 02:31:20.310 Atty. Theodore Te: Inusisa niyo ba personally yung corporate records ng GenCorp? 02:31:20.310 --> 02:31:23.320 Atty. Justin Nicol B. Gular: Asked and answered, Your Honor. Already answered, Your Honor. 02:31:23.440 --> 02:31:24.840 Sen. Francis "Chiz" G. Escudero: Asked and answered, Counsel. Move on. 02:31:24.980 --> 02:31:36.960 Atty. Theodore Te: Thank you, Your Honor. So, dahil hindi naman ninyo inusisa yung corporate records ng GenCorp personally, 02:31:39.950 --> 02:31:41.070 Atty. Theodore Te: Yung 02:31:42.760 --> 02:31:49.870 Atty. Theodore Te: negosyo, yung pagmamayari ng GenCorp, hindi nyo nalalaman? 02:31:50.010 --> 02:31:50.760 Mayor Sebastian “Baste” Z. Duterte: Of course. 02:31:50.760 --> 02:31:51.520 Atty. Theodore Te: Hindi po? 02:31:51.520 --> 02:31:52.480 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:31:52.480 --> 02:32:12.820 Atty. Theodore Te: Okay. At hindi nyo rin nalalaman kung ang GenCorp ay tumutupad doon sa requirement ng City of Davao na dapat Operational for at least 5 years. 02:32:13.380 --> 02:32:16.640 Mayor Sebastian “Baste” Z. Duterte: Well, it could have been modified by the BAC. 02:32:17.810 --> 02:32:25.280 Atty. Theodore Te: Well, sir, I'll just ask you to just answer that question first, sir. Hindi nyo nalalaman personally... 02:32:25.280 --> 02:32:25.440 Mayor Sebastian “Baste” Z. Duterte: No. 02:32:25.780 --> 02:32:28.040 Atty. Theodore Te: No, so the answer is no. Okay, thank you. 02:32:32.840 --> 02:32:43.440 Atty. Theodore Te: Hindi nyo rin po nalalaman bilang head of procuring entity at mayor po ng Davao ang negosyo ng GenCorp? 02:32:43.940 --> 02:32:44.460 Mayor Sebastian “Baste” Z. Duterte: No. 02:32:44.600 --> 02:32:47.620 Atty. Theodore Te: No. Not even by reputation, sir. 02:32:47.720 --> 02:32:54.880 Mayor Sebastian “Baste” Z. Duterte: There's a lot of corporations in the procurement process. We get about 5,000 to 7,000 a year. 02:32:55.240 --> 02:33:01.570 Atty. Theodore Te: Thank you. Again, sir, to be fair, focus tayo sa GenCorp. 02:33:01.750 --> 02:33:02.130 Mayor Sebastian “Baste” Z. Duterte: Okay. 02:33:03.050 --> 02:33:06.270 Atty. Theodore Te: Sa GenCorp, hindi nyo alam yung negosyo ng GenCorp? 02:33:06.310 --> 02:33:07.110 Mayor Sebastian “Baste” Z. Duterte: Personally po, sir. 02:33:07.209 --> 02:33:07.210 Mayor Sebastian “Baste” Z. Duterte: No, 02:33:07.230 --> 02:33:07.730 Mayor Sebastian “Baste” Z. Duterte: no. 02:33:07.730 --> 02:33:12.250 Atty. Theodore Te: Hindi nyo alam na yung GenCorp ay nag-ooperate ng Jollibee sa Davao? 02:33:12.250 --> 02:33:12.710 Mayor Sebastian “Baste” Z. Duterte: No. 02:33:12.710 --> 02:33:13.230 Atty. Theodore Te: Okay. 02:33:13.390 --> 02:33:13.970 Atty. Theodore Te: Thank you. 02:33:19.530 --> 02:33:35.170 Atty. Theodore Te: Ngayon po, May papakita po kaming request for quotation. This refers to bid number 251111-01. Mari pong ipa-flash sa screen at aabot po sa inyo yung physical copy po. 02:33:36.970 --> 02:33:43.810 Atty. Theodore Te: For the record, this refers to prosecution exhibit number P-Roman 2-6-29. 02:33:47.880 --> 02:33:52.800 Atty. Theodore Te: May I ask you to read, sir, the highlighted portion? It appears on the screen, sir. 02:33:53.000 --> 02:33:53.940 Mayor Sebastian “Baste” Z. Duterte: This is item 11. 02:33:54.300 --> 02:33:56.200 Atty. Theodore Te: Item 11, sir. Yes, sir. 02:33:56.340 --> 02:34:00.840 Mayor Sebastian “Baste” Z. Duterte: The supplier bidder must have at least five store outlet in Davao. 02:34:00.940 --> 02:34:10.660 Atty. Theodore Te: Thank you, sir. And so, this request for quotation, sir, that you have just read from, again, this was given by the City of Davao, sir. 02:34:10.820 --> 02:34:11.240 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:34:11.600 --> 02:34:12.080 Atty. Theodore Te: At 02:34:12.080 --> 02:34:26.300 Atty. Theodore Te: bilang head of the procuring entity which you... which approved this award, you would know if the supplier or the bidder, in this case, GenCorp, has at least five stores. 02:34:26.740 --> 02:34:39.140 Atty. Justin Nicol B. Gular: Misleading, Your Honor. The witness already testified, really, Your Honor, that he does not have personal knowledge of the businesses, Your Honor, of GenCorp Industries, Inc. And now, the counsel for the prosecution is asking that 02:34:39.140 --> 02:34:39.360 Atty. Justin Nicol B. Gular: you 02:34:39.360 --> 02:34:43.260 Atty. Justin Nicol B. Gular: wouldn't know anything. That is precisely answered by the witness already, Your Honor. 02:34:43.260 --> 02:34:44.060 Atty. Theodore Te: Your Honor, If 02:34:44.060 --> 02:34:45.360 Atty. Theodore Te: I may 02:34:45.360 --> 02:34:45.700 Atty. Theodore Te: a brief 02:34:45.700 --> 02:34:56.980 Atty. Theodore Te: rejoinder. My question now to him is as head of the procuring entity, as in his official capacity, in relation to this request for quotation, which comes from the procuring entity. 02:34:57.690 --> 02:34:59.690 Atty. Justin Nicol B. Gular: But the answer of the witness was without distinction, 02:34:59.690 --> 02:34:59.691 Atty. Justin Nicol B. Gular: Your Honor. 02:34:59.691 --> 02:35:01.490 Sen. Francis "Chiz" G. Escudero: I believe this has already been answered, counsel. 02:35:01.720 --> 02:35:02.280 Atty. Theodore Te: Thank you, Your Honor. 02:35:02.680 --> 02:35:04.060 Sen. Francis "Chiz" G. Escudero: The court took note of the answer. 02:35:04.060 --> 02:35:04.620 Atty. Theodore Te: I will move on. 02:35:04.840 --> 02:35:05.660 Atty. Theodore Te: Thank you, Your Honor. 02:35:14.080 --> 02:35:19.120 Atty. Theodore Te: Balikan po natin, Sir, yung statement ninyo September 21. 02:35:20.930 --> 02:35:24.090 Atty. Theodore Te: If the witness can be shown. 02:35:27.250 --> 02:35:48.350 Atty. Theodore Te: Doon po sa statement ninyo, nakalagay po dito sa statement nyo, you referred to 19 contracts, sir. And then you said in your statement, 13 are consummated, 6 are ongoing. Tama, sir? 02:35:48.860 --> 02:35:49.460 Atty. Theodore Te: So, 02:35:50.540 --> 02:36:06.540 Atty. Theodore Te: just to be clarified, when you say, sir, consummated 13, ibig po bang sabihin nito completed po yung award? Ibig po sabihin nito delivered? 02:36:07.080 --> 02:36:07.760 Atty. Theodore Te: At 02:36:07.760 --> 02:36:17.450 Atty. Theodore Te: ibig po sabihin nito paid? At yung six po na ongoing, ibig po sabihin nito, sir, hindi pa po ito delivered? 02:36:18.780 --> 02:36:19.140 Atty. Theodore Te: At 02:36:19.140 --> 02:36:22.600 Atty. Theodore Te: hindi pa po ito bayad? 02:36:22.760 --> 02:36:24.140 Mayor Sebastian “Baste” Z. Duterte: Yes, supposedly. 02:36:24.660 --> 02:36:36.270 Atty. Theodore Te: At alam po ninyo sir bilang mayor at bilang head of procuring entity, yung procedure ng pagbayad dito sa mga award na ito, alam nyo po ito sir? 02:36:36.550 --> 02:36:36.870 Mayor Sebastian “Baste” Z. Duterte: Yes sir. 02:36:37.110 --> 02:36:50.300 Atty. Theodore Te: Okay. So as the head of the procuring entity and well the mayor also, you have the final sign of sir, right? Before any such... Money is released. 02:36:50.900 --> 02:36:51.480 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:36:51.560 --> 02:36:52.480 Atty. Theodore Te: You have the final sign-off. 02:36:52.760 --> 02:36:53.160 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:36:53.240 --> 02:37:04.260 Atty. Theodore Te: Tama. In fact, you have to sign-off on a voucher that is presented to you by accounting attesting na completed na po yung delivery. Tama po, sir? 02:37:05.320 --> 02:37:06.080 Mayor Sebastian “Baste” Z. Duterte: I believe so. 02:37:06.520 --> 02:37:17.560 Atty. Theodore Te: Okay. Thank you. And you confirm, sir, that in the 13 consummated, which you referred to consummated, bayad po ito? 02:37:18.060 --> 02:37:18.660 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:37:18.820 --> 02:37:19.160 Atty. Theodore Te: Thank you. 02:37:24.350 --> 02:37:44.240 Atty. Theodore Te: Now, doon po sa tinutukoy niyo ng 19 contracts entered into between Davao, Davao City, at GenCorp, apat dito ang ginawa through competitive bidding. Tama po, sir? Yes, sir. Thank you. 02:37:46.820 --> 02:38:13.550 Atty. Theodore Te: There are, of the four awards, I'll ask you only about two. Sir, para hindi tayo tumagal sir. Let me show you the same document, the same bid number that I referred to earlier. Bid number 251111-01. The document is entitled Bid Notice Abstract, Invitation to Bid for Food and Catering Services. 02:38:15.180 --> 02:38:24.720 Atty. Theodore Te: May we ask that it be flashed but the witness is being shown a physical copy. Sir, can you read the highlighted portion of the document? 02:38:26.140 --> 02:38:26.920 Mayor Sebastian “Baste” Z. Duterte: Saan dito? 02:38:29.170 --> 02:38:31.110 Atty. Theodore Te: The one that appears on page 2, sir. 02:38:35.360 --> 02:38:39.580 Mayor Sebastian “Baste” Z. Duterte: Atty. Osmundo P. Villanueva, Jr., BAC Chairperson, Goods 02:38:39.580 --> 02:38:39.960 Mayor Sebastian “Baste” Z. Duterte: and Services. 02:38:40.360 --> 02:38:45.680 Atty. Theodore Te: Okay. So, this invitation to bid was signed by the BAC Chairperson appointed by you, sir? 02:38:45.900 --> 02:38:46.380 Mayor Sebastian “Baste” Z. Duterte: Yes, 02:38:47.660 --> 02:38:49.820 Atty. Theodore Te: sir? Is that an affirmative response, sir? 02:38:50.160 --> 02:39:18.420 Atty. Theodore Te: Thank you. So, and you as the head of the procuring entity, you are the one who picks the members of the BAC. Is that right? Thank you. So, in the same document, sir, may I ask you to read the procurement mode on the left side of the first page. It's highlighted, sir, for your reference on the screen. But it's also in the document. Procurement mode, sir. 02:39:20.160 --> 02:39:21.520 Mayor Sebastian “Baste” Z. Duterte: Public bidding. 02:39:21.800 --> 02:39:22.520 Atty. Theodore Te: Public bidding. 02:39:24.330 --> 02:39:30.530 Atty. Theodore Te: And tama po ba ang ngintindi ko pag sinabing public bidding, ito ay competitive bidding. 02:39:30.790 --> 02:39:31.350 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:39:31.820 --> 02:39:54.770 Atty. Theodore Te: And itong invitation to bid number 25111.01 ay pinose ng local government of Davao sa PhilGEPS para imbitahan sumali ang mga gustong magbid. Tama po. Yes, sir. Tama. Itong invitation to bid was issued by the BAC on behalf of the city. Correct, sir? 02:39:55.310 --> 02:39:55.630 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:39:55.790 --> 02:40:04.750 Atty. Theodore Te: Thank you. So, again, in that same document, sir, can I ask you to read the ABC, the approved budget for the contract? 02:40:05.780 --> 02:40:08.380 Mayor Sebastian “Baste” Z. Duterte: It's 10,800,000. 02:40:08.660 --> 02:40:20.180 Atty. Theodore Te: 10,800,000 pesos. Ang ibig sabihin po ng ABC, yun po ang... Ceiling ng budget ng Davao City para sa kontratang ito. Tama po ba? 02:40:20.240 --> 02:40:20.640 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:40:21.740 --> 02:40:25.140 Atty. Theodore Te: You cannot go beyond this amount, sir. 02:40:25.400 --> 02:40:25.920 Atty. Theodore Te: Tama, 02:40:25.980 --> 02:40:36.870 Atty. Theodore Te: sir? Is that an affirmative response, sir? Thank you. At ang ABC ay inaaprubahan ng HOPE bago i-post online. 02:40:38.820 --> 02:40:39.480 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:40:39.740 --> 02:40:40.220 Atty. Theodore Te: Thank you. 02:40:40.740 --> 02:40:41.260 Atty. Theodore Te: Ang 02:40:41.260 --> 02:40:44.000 Atty. Theodore Te: source po ng ABC ay public funds. 02:40:44.560 --> 02:40:45.220 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:40:45.340 --> 02:40:55.480 Atty. Theodore Te: Thank you. And... Under the system of competitive bidding, nagpapababaan po ng bid ang mga sumasali. Tama po ba? 02:40:55.580 --> 02:40:55.820 Mayor Sebastian “Baste” Z. Duterte: Correct. 02:40:56.200 --> 02:41:00.760 Atty. Theodore Te: Ang dahilan po dun ay para po makatipid ang gobyerno. 02:41:00.820 --> 02:41:01.020 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:41:01.120 --> 02:41:11.240 Atty. Theodore Te: Tama sir, no? So, it is more advantageous to the government that the lowest bid would qualify. Tama sir? 02:41:11.780 --> 02:41:12.100 Mayor Sebastian “Baste” Z. Duterte: Correct. 02:41:12.320 --> 02:41:12.760 Atty. Theodore Te: Thank you. 02:41:17.650 --> 02:41:30.970 Atty. Theodore Te: So, just to, again, clarify, kung merong Multiple bidders, mas pabor sa gobyerno dahil nagpapababaan sila ng presyo. 02:41:32.920 --> 02:41:51.950 Atty. Theodore Te: Ngayon po, nangyayari po din naman, Mayor, na kahit na po ang mode of procurement ay public bidding, ay isa lang ang nagbid. Nangyayari po din yan. So, pakita 02:41:55.760 --> 02:42:02.180 Atty. Theodore Te: ko lang po sa inyo ulit. Same document, bid number 251111.01. 02:42:05.300 --> 02:42:05.860 Atty. Theodore Te: At 02:42:05.860 --> 02:42:07.700 Atty. Theodore Te: pakita 02:42:09.360 --> 02:42:12.860 Atty. Theodore Te: ko lang po yung nakalagay na binibid na description. 02:42:19.360 --> 02:42:25.320 Atty. Theodore Te: Can you, can you, yes sir, can you read the description? 02:42:25.340 --> 02:42:36.460 Mayor Sebastian “Baste” Z. Duterte: Drinks, 500 ml bottled water, rice, 150 grams plain rice, I don't know what B160 is, menu, 150 grams ba yan fried chicken. 02:42:36.700 --> 02:42:51.960 Atty. Theodore Te: Thank you sir. Batay po dito sa kontratang ito na ipinabid ng Davao City para sa fried chicken, rice, at tubig. Ang ABC po nito ay 10,800,000. Tama po? 02:42:52.180 --> 02:42:54.140 Mayor Sebastian “Baste” Z. Duterte: Yes, that is what it says. 02:42:54.440 --> 02:42:54.880 Atty. Theodore Te: Yes, sir. 02:42:57.160 --> 02:43:00.000 Atty. Theodore Te: Ngayon po, dahil 02:43:01.950 --> 02:43:11.520 Atty. Theodore Te: po competitive bidding tayo, yung papasok po sa bid, yung gagawa ng bid, 02:43:13.250 --> 02:43:16.670 Atty. Theodore Te: Binabase niya yung bid dito sa pinopost po ninyo 02:43:16.670 --> 02:43:17.370 Atty. Theodore Te: sa 02:43:17.370 --> 02:43:25.150 Atty. Theodore Te: invitation to bid at i-coconsider niya lahat ng nakalagay po dyan bago siya magsabitan ng bid. Tama po, sir. 02:43:25.610 --> 02:43:26.270 Atty. Theodore Te: So, 02:43:26.440 --> 02:44:11.060 Atty. Theodore Te: mahalaga pong kompleto yung specifications, yung kailangan ng local government para alam ng bidder kung magkano ipipresyo po niya. Tama po yun, no? Tama, sir. Tama po. Ngayon, Papakita ko po uli sa inyo yung same document, bid notice abstract, bid number 251111-01. Meron pong nakalagay, sir, sa ilalim, dyan sa may box po sa ilalim, nakahighlight po sa screen, nakalagay tatlong lots of meals. Nakikita po ninyo, sir? 02:44:11.680 --> 02:44:12.340 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:44:13.390 --> 02:44:24.050 Atty. Theodore Te: Doon po sa tatlong lots of meals na yan, sir, maaaring po bang pakikumpirma po kung nababasa po ninyo yung katagang without venue? 02:44:25.060 --> 02:44:25.780 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:44:25.960 --> 02:44:29.000 Atty. Theodore Te: Kita po ninyo, sir. Tatlong beses po lumalabas, sir. Tama, sir? 02:44:29.260 --> 02:44:29.580 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:44:29.660 --> 02:44:45.880 Atty. Theodore Te: Tama po. At maaaring po pang pakitingnan ulit yung nakalagay po sa highlighted portion kung ilang tao. Para sa ilang tao po yung binibid? Yung total po. 02:44:46.720 --> 02:44:47.200 Atty. Theodore Te: Yung 02:44:47.200 --> 02:44:47.540 Atty. Theodore Te: una po, 02:44:47.700 --> 02:44:48.320 Mayor Sebastian “Baste” Z. Duterte: 20, 02:44:48.480 --> 02:44:49.580 Atty. Theodore Te: yung pangalawa po, 02:44:49.780 --> 02:44:50.260 Atty. Theodore Te: at 02:44:50.260 --> 02:44:50.740 Atty. Theodore Te: pangatlo, 02:44:50.900 --> 02:44:51.840 Mayor Sebastian “Baste” Z. Duterte: 20,000. 02:44:51.840 --> 02:44:52.020 Atty. Theodore Te: So 02:44:52.020 --> 02:44:54.680 Atty. Theodore Te: total po nito ay for 60,000 people. 02:44:54.680 --> 02:44:54.980 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:44:54.980 --> 02:44:55.520 Atty. Theodore Te: Thank you, sir. 02:44:58.140 --> 02:45:53.430 Atty. Theodore Te: Ngayon, I will show you resolution number 11061, series of 2025, and it's flashed on the screen, and I think you're being given a copy of the same. For the record, this is prosecution exhibit P-Roman 2-6-29. The title is a resolution declaring the lone bid of GenCorp Industries as the single calculated responsive bidder for the procurement of food and catering services, bracket framework agreement, close bracket, requested by the city mayor's office, and recommending to the head of the procuring entity, to award the contract to the said bidder. Ang ibig pong bang sabihin ng single calculated responsive bidder is wala pong kalaban ang nanalong bidder. 02:45:53.570 --> 02:45:56.130 Mayor Sebastian “Baste” Z. Duterte: I think that was, that suggests it. 02:45:56.310 --> 02:45:58.270 Atty. Theodore Te: So, nag-iisa po siya? 02:45:58.390 --> 02:45:58.930 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:45:59.090 --> 02:45:59.530 Atty. Theodore Te: Thank you, sir. 02:46:03.420 --> 02:46:11.170 Atty. Theodore Te: Same document po. Can I ask you to read the wherefore? portion that is bracketed sir. 02:46:11.170 --> 02:46:11.670 Mayor Sebastian “Baste” Z. Duterte: The 02:46:11.670 --> 02:46:29.050 Mayor Sebastian “Baste” Z. Duterte: BAC resolves as it is hereby resolved to declare GenCorp Industries as the bidder with a single calculated response bid SCRB and recommends to the head of the procuring entity to award the contract at its submitted price to the aforesaid bidder. 02:46:29.150 --> 02:46:42.610 Atty. Theodore Te: Yes and the head of the procuring entity here sir is you sir. Thank you sir. So again in that Same document, resolution number 11061, series of 2025. 02:46:44.390 --> 02:46:49.530 Atty. Theodore Te: May I ask you to take a look at the box that is highlighted, sir? 02:46:50.550 --> 02:46:51.150 Atty. Theodore Te: And 02:46:51.180 --> 02:46:54.900 Atty. Theodore Te: can you read the contents of that highlighted portion, sir? 02:46:54.900 --> 02:46:59.620 Mayor Sebastian “Baste” Z. Duterte: GenCorp Industries 123 awarded for 8,400,000. 02:46:59.840 --> 02:47:05.610 Atty. Theodore Te: Yes, sir. So the total amount awarded here is 8,400,000, sir. 02:47:05.670 --> 02:47:05.850 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:47:05.950 --> 02:47:06.510 Atty. Theodore Te: Thank you, sir. 02:47:08.330 --> 02:47:19.010 Atty. Theodore Te: Now, in that same document, on the second page of that, bracketed on the screen, may I ask you to read the bracketed portion, sir? 02:47:25.610 --> 02:47:31.070 Mayor Sebastian “Baste” Z. Duterte: Approved Sebastian Duterte by the authority of the City Mayor for Executive Order No. 12, dated July 1, 2025. 02:47:33.580 --> 02:47:35.200 Atty. Theodore Te: And the name, sir? 02:47:37.700 --> 02:47:44.560 Mayor Sebastian “Baste” Z. Duterte: Attorney Tristan Dwight P. Domingo, Assistant City Administrator of For administration. 02:47:45.600 --> 02:47:53.460 Atty. Theodore Te: And there appears, sir, above that name, a signature. You know that to be Attorney Domingo's signature, sir? 02:47:53.640 --> 02:47:53.880 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:47:54.180 --> 02:47:56.100 Atty. Theodore Te: And you're familiar because you've seen it many times. 02:47:56.320 --> 02:47:56.860 Mayor Sebastian “Baste” Z. Duterte: Yes, a couple 02:47:56.860 --> 02:47:57.360 Mayor Sebastian “Baste” Z. Duterte: of times, yes. 02:47:57.540 --> 02:47:57.800 Atty. Theodore Te: Thank you. 02:48:00.590 --> 02:48:05.630 Atty. Theodore Te: Ang ibig sabihin po ng approval na ito, Mayor, no? 02:48:07.330 --> 02:48:22.760 Atty. Theodore Te: Inaaprubahan ni Attorney Domingo itong kontrata. At ina-award ng kontratang ito ang fried chicken meal sa halagang 8,400,000 sa GenCourt. 02:48:22.920 --> 02:48:23.900 Mayor Sebastian “Baste” Z. Duterte: As my representative, 02:48:24.000 --> 02:48:24.560 Atty. Theodore Te: yes. Tama po. 02:48:24.560 --> 02:48:27.020 Atty. Theodore Te: Yes, as your representative. Based on the delegated authority. 02:48:27.020 --> 02:48:27.450 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:48:27.450 --> 02:48:41.130 Atty. Theodore Te: Yes, sir. And that is why your signature does not appear on that award, sir. And you delegate that authority to Attorney Domingo specifically so that you don't need to take a look at this document. Right, sir? 02:48:41.130 --> 02:48:41.350 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:48:41.350 --> 02:48:45.810 Atty. Theodore Te: Thank you. That's because there are other things that you need to attend to, sir. 02:48:47.100 --> 02:48:47.340 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:48:47.360 --> 02:48:47.580 Atty. Justin Nicol B. Gular: Ask 02:48:47.580 --> 02:48:48.360 Atty. Justin Nicol B. Gular: and answer, Your Honor. 02:48:48.720 --> 02:48:51.040 Atty. Theodore Te: No, Your Honor. It's the first time I'm asking this question. 02:48:51.180 --> 02:48:54.340 Sen. Francis "Chiz" G. Escudero: Actually, forgive me with your indulgence, Attorney Ted. 02:48:56.030 --> 02:48:59.550 Sen. Francis "Chiz" G. Escudero: The court has given you enough leeway to ask these questions. 02:49:01.610 --> 02:49:24.080 Sen. Francis "Chiz" G. Escudero: Kindly connect it to the article at hand, which is... I guess you're trying to prove conflict of interest in connection with unexplained wealth or ill-gotten wealth. The witness is not the one on trial here in relation to all of the admissions you're eliciting from him. Kindly move to that already, counsel. 02:49:25.120 --> 02:49:39.030 Atty. Theodore Te: Yes, Your Honor, but if we will just be allowed to examine the witness at contract. Relating to the other mode of procurement, Your Honor. And then we will proceed to connect, Your Honor, as the presiding officer has indicated. 02:49:39.630 --> 02:49:47.090 Sen. Francis "Chiz" G. Escudero: Understood. With respect to such a short list, with respect to this particular subject matter, you may proceed, Counsel, and proceed to the 02:49:47.090 --> 02:49:47.470 Sen. Francis "Chiz" G. Escudero: main point. 02:49:47.630 --> 02:49:48.110 Atty. Theodore Te: Thank you, Your Honor. 02:49:48.250 --> 02:49:49.050 Sen. Francis "Chiz" G. Escudero: Thank you, Counsel. 02:49:50.420 --> 02:49:51.900 Atty. Theodore Te: So, let 02:49:56.150 --> 02:50:02.450 Atty. Theodore Te: me just call your attention, Mr. Mayor, to the 02:50:05.040 --> 02:50:23.890 Atty. Theodore Te: notice of award. dated November 27, 2025, addressed to the manager, GenCorp Industries, Inc., Bolton Street, Davao City. For the record, this is Prosecution Exhibit P-Roman 2-6-29. 02:50:25.870 --> 02:50:39.550 Atty. Theodore Te: And the first sentence of the document, may I ask the... Assistant Counsel to show the witness the document. 02:50:40.220 --> 02:50:40.480 Atty. Theodore Te: Okay. 02:50:40.710 --> 02:50:41.320 Mayor Sebastian “Baste” Z. Duterte: This one? 02:50:41.500 --> 02:50:44.890 Atty. Theodore Te: The first sentence of the document, first paragraph, right? 02:50:45.150 --> 02:50:46.290 Mayor Sebastian “Baste” Z. Duterte: The first paragraph. 02:50:47.210 --> 02:50:57.270 Atty. Theodore Te: In the first paragraph, Mr. Mayor, which you have in front of you, do you confirm the words without venue on that paragraph? 02:50:57.510 --> 02:50:57.690 Mayor Sebastian “Baste” Z. Duterte: Yes, 02:50:57.750 --> 02:51:07.350 Atty. Theodore Te: Yes sir. Thank you. And do you also confirm that the, that the words approved by the head of the procuring entity, uh, appears in that paragraph? 02:51:12.130 --> 02:51:12.550 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:51:12.860 --> 02:51:19.500 Atty. Theodore Te: And do you confirm that the amount, 8,400,000 appears also in that paragraph? 02:51:19.660 --> 02:51:19.880 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:51:20.120 --> 02:51:20.420 Atty. Theodore Te: Thank you. 02:51:24.560 --> 02:51:54.830 Atty. Theodore Te: Let me now go to the second mode of procurement that was availed of here in relation to these awards. We will move ahead in relation to this and talk about small value procurement, Mr. Mayor. 02:51:54.970 --> 02:51:55.650 Atty. Theodore Te: Thank 02:51:55.650 --> 02:52:07.620 Atty. Theodore Te: you. Let me show you a document entitled Purchase Order for Food and Catering Services for the first quarter of 2026. 02:52:11.290 --> 02:52:17.250 Atty. Theodore Te: May I request Assistant Counsel to present the Mayor with a copy of that document. 02:52:17.890 --> 02:52:18.610 Atty. Theodore Te: Do 02:52:25.260 --> 02:52:33.600 Atty. Theodore Te: you confirm, sir, in that document that your signature does not appear there? 02:52:33.600 --> 02:52:33.900 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:52:33.900 --> 02:52:40.130 Atty. Theodore Te: and that the name and the signature of Attorney Tristan Dwight P. Domingo appears. 02:52:40.450 --> 02:52:40.830 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 02:52:40.970 --> 02:52:41.250 Atty. Theodore Te: Thank you. 02:52:43.970 --> 02:52:52.270 Atty. Theodore Te: And can you read, sir, the total amount of the total purchase order? Total price of the purchase order? 02:52:56.510 --> 02:52:57.790 Mayor Sebastian “Baste” Z. Duterte: 554,000 pesos. 02:52:58.370 --> 02:53:03.870 Atty. Theodore Te: 554,000 pesos. And can you confirm, sir, the mode of procurement that is indicated in the purchase order? 02:53:09.650 --> 02:53:11.410 Mayor Sebastian “Baste” Z. Duterte: It's not clear. It's not clear. 02:53:11.970 --> 02:53:12.750 Atty. Theodore Te: What does it... 02:53:12.950 --> 02:53:13.790 Mayor Sebastian “Baste” Z. Duterte: Negotiated procurement. 02:53:14.410 --> 02:53:15.270 Atty. Theodore Te: Negotiated procurement. 02:53:15.450 --> 02:53:15.570 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:53:15.770 --> 02:53:16.270 Atty. Theodore Te: Thank you, sir. 02:53:17.930 --> 02:53:44.700 Atty. Theodore Te: And you, by negotiated procurement, sir, in your experience as mayor and also head of the procuring entity, ang ibig po sabihin nito, wala na pong magaganap na public bidding, tama po ba? Correct. At dito sa small value procurement, Ang ginagawa na lang po dito ay humihingi na lang ng quote ang procuring entity, in this case the city government, 02:53:44.980 --> 02:53:45.560 Atty. Theodore Te: sa 02:53:45.560 --> 02:53:46.920 Atty. Theodore Te: mga kumpanya na gusto mag-bid. 02:53:46.960 --> 02:53:47.260 Mayor Sebastian “Baste” Z. Duterte: Tama 02:53:47.320 --> 02:53:56.940 Atty. Theodore Te: Tama no? Ang minimum number po ba, tatlo? Ilan po ang hinihingan po na quote ng procuring entity po? 02:53:57.750 --> 02:54:04.220 Mayor Sebastian “Baste” Z. Duterte: I do not know the minimum but kung mas marami mas okay. 02:54:04.500 --> 02:54:09.250 Atty. Theodore Te: Mas marami mas okay. Okay. Kasi nga po, Para makatipit ang gobyerno. Para 02:54:09.250 --> 02:54:09.430 Mayor Sebastian “Baste” Z. Duterte: competitive. 02:54:09.950 --> 02:54:10.130 Atty. Theodore Te: Tama. 02:54:10.290 --> 02:54:10.590 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:54:11.350 --> 02:54:14.430 Atty. Theodore Te: Kahit na po hindi competitive bidding ito, small value procurement po ito. 02:54:14.470 --> 02:54:14.850 Atty. Theodore Te: Okay po. 02:54:19.410 --> 02:54:19.850 Atty. Theodore Te: Pero 02:54:19.850 --> 02:54:25.290 Atty. Theodore Te: katulad po sa competitive bidding, Mayor, kung isa lang ang natanggap, 02:54:25.490 --> 02:54:27.370 Mayor Sebastian “Baste” Z. Duterte: pwede 02:54:27.370 --> 02:54:28.130 Atty. Theodore Te: na rin po i-award? 02:54:28.450 --> 02:54:28.890 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:54:29.070 --> 02:54:29.630 Atty. Theodore Te: Pwede na? 02:54:29.770 --> 02:54:30.170 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:54:30.270 --> 02:54:30.530 Atty. Theodore Te: Okay. 02:54:34.000 --> 02:54:40.490 Atty. Theodore Te: Gano'ng katagal po kayo nagaantay bago kayo mag-award? Kahit na, halimbawa, isa lang po ang nagbigay. 02:54:42.660 --> 02:54:55.070 Atty. Justin Nicol B. Gular: What do you mean? Your Honor, pardon but we have been giving leeway to the prosecution but several questions have already passed and we are yet to see the relevance of this line of questioning, Your Honor. 02:54:56.040 --> 02:55:03.360 Sen. Francis "Chiz" G. Escudero: I have to agree, Attorney. Besides, the witness would be incompetent because as hope, I was once a hope too. 02:55:07.490 --> 02:56:31.900 Sen. Francis "Chiz" G. Escudero: He would not have personal knowledge with respect to what the BAC does. They can only recommend. And he approves or disapproves the same. And while we're at it, for the record, for the information of the court and the public as well, Republic Act No. 9184 has been amended by Republic Act No. 12009. I am the author of Republic Act No. 12009. And for the record, No longer is it limited to the lowest calculated responsive bid as found in Republic Act No. 9184. Republic Act No. 12009, while it includes still the lowest calculated responsive bid, it also includes what is called the most economically advantageous responsive bid, MEARB. and the most advantageous responsive bid, MARB. Ang logika o rason po sa likod nito, bakit ba yung pinakamura na lamang ang kukunin at bibili ng pamahalaan kung masama naman yung kalidad? Bapat bukas sa pamahalaan na bumili ng kagamitan para sa taong bayan na maganda ang quality at mas magtatagal na sa dulo ay mas mura din. Having said that, forgive me for that interruption. But, Attorney Ted, kindly 02:56:31.900 --> 02:56:32.180 Sen. Francis "Chiz" G. Escudero: move. 02:56:32.580 --> 02:56:37.030 Atty. Theodore Te: Thank you, Your Honor. May I just be allowed to respond very quickly? I had asked the court. 02:56:37.040 --> 02:56:38.100 Atty. Justin Nicol B. Gular: The Court has already ruled, Your Honor. 02:56:38.220 --> 02:56:41.580 Atty. Theodore Te: May I ask for a quick rejoinder, Your Honor? 02:56:41.760 --> 02:56:43.040 Atty. Justin Nicol B. Gular: The Court has already ruled, Your Honor. 02:56:43.120 --> 02:56:43.980 Sen. Francis "Chiz" G. Escudero: On what, Counsel? 02:56:44.540 --> 02:56:49.640 Atty. Theodore Te: Just to address the comments of the defense because I was not allowed to comment, Your Honor. 02:56:49.660 --> 02:56:56.060 Sen. Francis "Chiz" G. Escudero: The Court has already ruled. Let's allow him, Atty. Justin. Yes, a brief manifestation or comment, Counsel. 02:56:57.190 --> 02:57:22.420 Atty. Theodore Te: Firstly, Your Honor, I believe it is the court that indulges us, the parties, not the defense. Secondly, Your Honor, I had asked permission from the court to be allowed to present a representative of the other mode of procurement before tying it up. And I was heading in that direction, Your Honor, precisely to comply with the Court. 02:57:22.460 --> 02:57:25.100 Sen. Francis "Chiz" G. Escudero: No, this is the other mode of procurement already. 02:57:25.100 --> 02:57:25.720 Atty. Theodore Te: Yes, Your Honor, precisely. 02:57:26.050 --> 02:57:28.830 Atty. Theodore Te: I am about to end, Your Honor. And I will get to the point. 02:57:28.830 --> 02:57:30.690 Sen. Francis "Chiz" G. Escudero: Kindly do so at the soonest possible time. 02:57:30.830 --> 02:57:32.150 Atty. Theodore Te: Yes, Your Honor. Thank you, Your Honor. 02:57:32.250 --> 02:57:40.050 Sen. Francis "Chiz" G. Escudero: With your indulgence, Attorney Justin, let's allow him to wind it up so that he can go direct to the point already. Please, Counsel. Yes, Your 02:57:40.050 --> 02:57:42.650 Atty. Theodore Te: Honor. Thank you. I am getting there, Your Honor. 02:57:52.140 --> 02:58:08.210 Atty. Theodore Te: Ngayon, Mr. Mayor, narinig po... Narinig po ninyo sir yung comments ni presiding officer Mr. Mayor patungkol po dun sa procurement law? 02:58:08.410 --> 02:58:08.870 Mayor Sebastian “Baste” Z. Duterte: Opo sir. 02:58:09.030 --> 02:58:13.990 Atty. Theodore Te: Yes. And bilang head of the procuring entity, 02:58:14.270 --> 02:58:14.970 Atty. Theodore Te: aware 02:58:14.970 --> 02:58:22.670 Atty. Theodore Te: po kayo dun sa mga requirements ng bago at yung nakaraang procurement law? 02:58:22.970 --> 02:58:23.610 Atty. Theodore Te: Aware 02:58:23.610 --> 02:58:24.230 Atty. Theodore Te: po kayo sir? 02:58:24.650 --> 02:58:26.250 Mayor Sebastian “Baste” Z. Duterte: Not entirely but yeah. 02:58:28.340 --> 02:58:32.260 Atty. Theodore Te: May I be clarified what you mean by not entirely, sir? 02:58:32.560 --> 02:58:38.820 Mayor Sebastian “Baste” Z. Duterte: Like all the details, I cannot recite to you in verbatim what's in the law. 02:58:39.620 --> 02:58:42.860 Atty. Theodore Te: But you are aware of the essential requirements. 02:58:43.260 --> 02:58:44.000 Atty. Theodore Te: Thank you. 02:58:44.860 --> 02:58:51.880 Atty. Theodore Te: That would be sufficient for me. Under the former 02:58:54.710 --> 02:59:04.410 Atty. Theodore Te: Procurement Law 9184, Section 6. The older procurement law, I should say. 9184, Section 6. May mga standard bidding forms po na binibigay, no? 02:59:05.610 --> 02:59:06.070 Mayor Sebastian “Baste” Z. Duterte: Yes. 02:59:06.170 --> 02:59:06.530 Atty. Theodore Te: Provided? 02:59:06.730 --> 02:59:06.950 Mayor Sebastian “Baste” Z. Duterte: Opo. 02:59:07.820 --> 02:59:14.650 Atty. Theodore Te: At, ah, ganun din po ang under sa bagong procurement law, 12009. 02:59:16.190 --> 02:59:18.230 Atty. Theodore Te: Is that an affirmative response? Thank you, sir. 02:59:20.080 --> 02:59:20.540 Atty. Theodore Te: At 02:59:20.540 --> 02:59:47.620 Atty. Theodore Te: mahalaga dito na itama po yung nakalagay. Doon sa forms na indicated under the procurement law. Mahalaga po yan. And in fact, sir, as the head of the procuring entity, and you know this sir, dahil alam po ninyo yung batas, meron kayong discretion to reject an award if it does not comply. 02:59:48.700 --> 02:59:49.180 Atty. Theodore Te: Kayo 02:59:49.180 --> 02:59:50.320 Atty. Theodore Te: po yung final, tama sir? 02:59:54.350 --> 02:59:58.210 Atty. Theodore Te: Dito po sa lahat ng kontrata ng GENCORP 03:00:00.340 --> 03:00:11.280 Atty. Theodore Te: 19 in all, whether by competitive bidding or by small value procurement, you did not exercise that discretion, sir. 03:00:13.110 --> 03:00:14.070 Mayor Sebastian “Baste” Z. Duterte: To reject? 03:00:14.390 --> 03:00:14.550 Atty. Theodore Te: Yes. 03:00:14.730 --> 03:00:15.330 Mayor Sebastian “Baste” Z. Duterte: No. 03:00:15.690 --> 03:00:16.410 Atty. Theodore Te: No. Okay. 03:00:16.610 --> 03:00:17.210 Atty. Theodore Te: In 03:00:17.210 --> 03:00:19.790 Atty. Theodore Te: fact, none of these contracts were signed by you. 03:00:20.190 --> 03:00:20.790 Mayor Sebastian “Baste” Z. Duterte: No. 03:00:20.890 --> 03:00:22.330 Atty. Theodore Te: None. Tama, sir. 03:00:22.450 --> 03:00:22.690 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:00:22.870 --> 03:00:33.830 Atty. Theodore Te: And if I recall a previous answer you gave, sir, that you would review the contract Only if there was something wrong. 03:00:33.830 --> 03:00:34.430 Mayor Sebastian “Baste” Z. Duterte: Irregular. 03:00:34.530 --> 03:00:38.230 Atty. Theodore Te: Irregular. Sorry. Irregular was your word. Irregular with the contract, sir. 03:00:38.370 --> 03:00:38.830 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:00:39.590 --> 03:00:50.240 Atty. Theodore Te: And so, because you're now saying that you never exercised that discretion as the hope in relation to these 19 contracts. 03:00:50.440 --> 03:00:50.660 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:00:51.680 --> 03:00:59.200 Atty. Theodore Te: Do I understand it, sir, na hindi nyo rin ni-review ito? Isa-isa? 03:00:59.810 --> 03:01:00.290 Atty. Theodore Te: Isa 03:01:00.290 --> 03:01:02.630 Atty. Theodore Te: -isa. Not one by one. Right? 03:01:02.720 --> 03:01:02.960 Mayor Sebastian “Baste” Z. Duterte: Yeah. 03:01:03.080 --> 03:01:05.250 Atty. Theodore Te: Okay. Did you review it at all? 03:01:05.670 --> 03:01:06.260 Mayor Sebastian “Baste” Z. Duterte: No. 03:01:06.260 --> 03:01:06.850 Atty. Justin Nicol B. Gular: Asked and answered, 03:01:06.910 --> 03:01:09.360 Atty. Justin Nicol B. Gular: Your Honor. 03:01:09.360 --> 03:01:11.810 Atty. Theodore Te: Okay. Answered already. And so, 03:01:13.740 --> 03:01:22.320 Atty. Theodore Te: yung final na nag-approve po nito ay si Atty. Tristan. 03:01:23.140 --> 03:01:23.740 Mayor Sebastian “Baste” Z. Duterte: Tama po. 03:01:23.880 --> 03:01:24.360 Atty. Theodore Te: Domingo. 03:01:24.420 --> 03:01:25.320 Mayor Sebastian “Baste” Z. Duterte: Tama po, sir. 03:01:25.340 --> 03:01:27.660 Atty. Theodore Te: Sa ilalim 03:01:30.130 --> 03:01:34.260 Atty. Theodore Te: po ng Republic Act, 03:01:36.260 --> 03:01:50.770 Atty. Theodore Te: 9184 at sa Republic Act 12009, aware po kayo sir that the bidder, bidders, any bidder, has to submit what is called an omnibus sworn affidavit. 03:01:50.770 --> 03:01:51.050 Atty. Theodore Te: You 03:01:51.050 --> 03:01:58.690 Atty. Theodore Te: know that sir, right? And the contents of the sworn affidavit should contain what sir? 03:02:03.290 --> 03:02:06.430 Atty. Theodore Te: I'm asking you, sir, if you know what the omnibus sworn affidavit should contain. 03:02:06.610 --> 03:02:14.690 Atty. Justin Nicol B. Gular: Your Honor, considering that the witness is not a lawyer and is therefore incompetent to testify with respect to laws, may we just ask that the... 03:02:14.730 --> 03:02:16.890 Sen. Francis "Chiz" G. Escudero: Attorney Ted, just ask your question. 03:02:17.050 --> 03:02:17.330 Atty. Theodore Te: Thank you. 03:02:18.710 --> 03:02:37.650 Atty. Theodore Te: In this sworn affidavit, Mr. Mayor, na nakatakdasan dalawang procurement law natin, 9184-12-009, kailangan po i-disclose ng bidder. Kung meron po siyang conflict of interest sa BAC at sa HOPE, di ho ba? 03:02:37.650 --> 03:02:37.800 Mayor Sebastian “Baste” Z. Duterte: Yes, 03:02:37.800 --> 03:02:38.200 Mayor Sebastian “Baste” Z. Duterte: correct. Tama. 03:02:38.320 --> 03:02:40.520 Atty. Theodore Te: Tama, sir. Naalala niyo po. Tama po. 03:02:43.590 --> 03:02:46.270 Atty. Theodore Te: Ngayon po, dahil 03:02:47.870 --> 03:03:11.110 Atty. Theodore Te: po ang sinabi niyo sa statement ninyo ng September 21, na yung rigorous examination ng GenCorp ay ginawa ng BAC at hindi kayo. Tama, sir, no? Yes. Tama po yun. At kakasabi niyo lang po ngayon na... Hindi niyo tinignan yung labing siyam na kontrata na binigay sa GenCorp. Hindi niyo tinignan. Tama sir, no? Just to confirm. 03:03:11.670 --> 03:03:12.750 Mayor Sebastian “Baste” Z. Duterte: What do you mean? 03:03:12.750 --> 03:03:15.330 Atty. Theodore Te: You did not personally examine the 19? 03:03:15.330 --> 03:03:16.620 Mayor Sebastian “Baste” Z. Duterte: Like now or before? 03:03:16.620 --> 03:03:17.910 Atty. Theodore Te: Before it was awarded. 03:03:18.190 --> 03:03:19.290 Mayor Sebastian “Baste” Z. Duterte: Yeah, before it was awarded, no. 03:03:19.370 --> 03:03:31.140 Atty. Theodore Te: No, thank you, thank you. So you did not do that. Okay. So you would not be able to tell the court if in fact GenCorp had submitted the omnibus sworn statement? 03:03:34.070 --> 03:03:37.330 Mayor Sebastian “Baste” Z. Duterte: I think there would be an affidavit if... 03:03:38.360 --> 03:03:38.700 Mayor Sebastian “Baste” Z. Duterte: It 03:03:38.700 --> 03:03:41.780 Mayor Sebastian “Baste” Z. Duterte: has complied and was, you know, like... 03:03:41.780 --> 03:03:45.140 Atty. Theodore Te: You're saying, sir, you think there was an affidavit? 03:03:45.460 --> 03:03:45.800 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:03:45.860 --> 03:03:46.700 Atty. Theodore Te: But you can't say that, sir. 03:03:46.740 --> 03:03:47.480 Mayor Sebastian “Baste” Z. Duterte: We can confirm this. 03:03:47.720 --> 03:03:52.900 Atty. Theodore Te: Yes, but you can't say that now, sir, right? Because you never examined the documents, right, sir? 03:03:53.140 --> 03:03:53.900 Atty. Justin Nicol B. Gular: Your Honor, he's already 03:03:53.900 --> 03:03:54.840 Atty. Justin Nicol B. Gular: arguing with the witness, 03:03:55.060 --> 03:03:57.560 Atty. Justin Nicol B. Gular: Your Honor. 03:03:57.560 --> 03:03:58.430 Sen. Francis "Chiz" G. Escudero: I'm sorry, Attorney Justin, but... 03:03:58.430 --> 03:03:59.300 Atty. Justin Nicol B. Gular: The counsel is already arguing with the witness. 03:03:59.420 --> 03:04:01.420 Atty. Theodore Te: Your Honor, I'm just confirming the answer, Your Honor. 03:04:03.960 --> 03:04:04.580 Sen. Francis "Chiz" G. Escudero: Proceed, counsel. 03:04:04.920 --> 03:04:05.280 Atty. Theodore Te: Yes, Your Honor. 03:04:05.340 --> 03:04:07.140 Sen. Francis "Chiz" G. Escudero: Attorney Justin, I would have to overrule you for the meantime. 03:04:09.190 --> 03:04:18.540 Atty. Theodore Te: In relation sir, because you never examine the documents, hindi mo masasabi sa korte kung may nakita kang omnibus sworn statement. Hindi mo masasabi yan? 03:04:20.050 --> 03:04:20.410 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:04:20.570 --> 03:04:22.570 Atty. Theodore Te: Okay. Thank you. Thank you sir. Klamang po. 03:04:27.290 --> 03:04:31.170 Atty. Theodore Te: Sinabi po ninyo sa umpisa, Mayor, no? Ah, pasensya na. Koti na lang. 03:04:31.510 --> 03:04:32.730 Mayor Sebastian “Baste” Z. Duterte: It's okay. It's okay. 03:04:34.440 --> 03:04:48.060 Atty. Theodore Te: Sinabi po ninyo sa umpisa, sir, na kayo po ay ang anak ni dating Pangulo, Rodrigo Roa Duterte. Tama, sir? At kayo ang kapatid ni kasalukuyang Pangalawang Pangulo, Sara Duterte. Yes, 03:04:48.080 --> 03:04:48.180 Mayor Sebastian “Baste” Z. Duterte: sir. 03:04:48.610 --> 03:04:57.910 Atty. Theodore Te: So, aware po kayo, sir, sa provision ng Saligang Batas patungkol sa conflict of interest. 03:04:58.250 --> 03:04:58.690 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:04:58.810 --> 03:05:10.870 Atty. Theodore Te: Aware kayo. Section 13. Aware kayo, sir, no? Na yung Pangulo at Pangalawang Pangulo na, well, aman ninyo, dating Pangulo, kapatid ninyo, Pangalawang Pangulo ngayon, 03:05:13.200 --> 03:05:24.980 Atty. Theodore Te: Pinagbabawal na magkaroon ng conflict of interest sa opisina nila. Pinagbabawal sila na magkaroon ng negosyo, interest sa negosyo, habang sila inanonungkulan. 03:05:25.220 --> 03:05:25.760 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:05:25.880 --> 03:05:42.470 Atty. Theodore Te: Aware kayo doon, sir? Tama, sir. So, bilang head of the procuring entity at mayor ng Davao, kung may conflict of interest si pangalawang Pangulo dito sa labing siyam na kontratang ito, 03:05:45.080 --> 03:05:53.180 Atty. Theodore Te: Nasa kapangyarihan kayo, nasa position kayo, na abisuhan siya na mayroong conflict of interest. Tama po. 03:05:53.180 --> 03:06:01.720 Atty. Justin Nicol B. Gular: Objection, Your Honor. Three grounds. Number one, speculative. Number two, assumes facts, not yet in evidence. And number three, Your Honor, delves into hypotheticals. 03:06:01.720 --> 03:06:03.240 Atty. Theodore Te: Your Honor, may I comment? 03:06:03.720 --> 03:06:07.500 Sen. Francis "Chiz" G. Escudero: I know where you're getting at, Counsel. You can get to it. Reform a bit, Counsel. 03:06:07.720 --> 03:06:18.810 Atty. Theodore Te: Well, okay, Your Honor. But just for the record, Your Honor, I am... Allowed to ask leading question. A leading question necessarily has no basis, Your Honor. Precisely, I am putting the words in the mouth of the witness. 03:06:19.010 --> 03:06:20.230 Atty. Theodore Te: But I will reform, 03:06:20.410 --> 03:06:20.630 Atty. Theodore Te: Your Honor. 03:06:20.690 --> 03:06:21.330 Sen. Francis "Chiz" G. Escudero: There's a way to do it. 03:06:21.330 --> 03:06:21.610 Atty. Theodore Te: Thank you. 03:06:25.060 --> 03:06:26.600 Atty. Theodore Te: Baguhin ko po yung tanong, Mr. Mayor. 03:06:29.450 --> 03:06:39.730 Atty. Theodore Te: Bilang hope, at alam nyo yung provision ng Saligang Batas, Section 13, maaaring nyo sabihan yung kapatid ninyo. 03:06:39.730 --> 03:06:42.700 Atty. Theodore Te: na pangalawang Pangulo kung meron siyang conflict of interest. 03:06:42.780 --> 03:06:45.180 Atty. Justin Nicol B. Gular: Again, Your Honor, speculative, Your Honor. 03:06:45.280 --> 03:06:50.160 Atty. Theodore Te: Your Honor, it's not speculative. He has testified that he knows that provision. 03:06:50.560 --> 03:06:59.620 Atty. Theodore Te: He is the son of a former President. He is the brother of a current Vice President. And, Your Honor, I'm simply asking him if he is in a position to inform his sister. 03:06:59.800 --> 03:07:06.660 Sen. Francis "Chiz" G. Escudero: With the indulgence of counsels, hopefully to abbreviate the proceedings even on the part of Attorney Justin, 03:07:07.970 --> 03:07:14.170 Sen. Francis "Chiz" G. Escudero: If you may, Mayor Duterte, nakita 03:07:15.900 --> 03:07:19.900 Sen. Francis "Chiz" G. Escudero: niyo po ba at pamilyar ba kayo sa SAL-N ng ikalawang Pangulo? 03:07:20.080 --> 03:07:20.420 Mayor Sebastian “Baste” Z. Duterte: No. 03:07:21.820 --> 03:07:28.300 Sen. Francis "Chiz" G. Escudero: So hindi niyo po alam yung mga dineklara niyang kompanya at pag-aari dun sa SAL-N? 03:07:28.300 --> 03:07:29.240 Mayor Sebastian “Baste” Z. Duterte: Hindi po, Your Honor. 03:07:35.420 --> 03:07:45.320 Sen. Francis "Chiz" G. Escudero: Lumabas po kasi sa pagdinig na ito na nilagay ng ikalawang Pangulo sa kanyang SAL-N na stockholder o shareholder siya ng GenCorp. 03:07:45.420 --> 03:07:46.200 Mayor Sebastian “Baste” Z. Duterte: Yes, Your Honor. 03:07:46.380 --> 03:07:52.960 Sen. Francis "Chiz" G. Escudero: Lumabas din po dito sa isang testigo din, which the court takes judicial notice of given that it's an admission given in testimony in court. 03:07:53.660 --> 03:08:01.080 Sen. Francis "Chiz" G. Escudero: Na wala po sa SEC records yung pangalan niya bilang stockholder at saka shareholder ng GenCorp. 03:08:02.040 --> 03:08:15.960 Sen. Francis "Chiz" G. Escudero: Ngayon, kung ang tinutumbok ni Atty. Ted, kung tama ang sinasabi ko, kung siya po ay stockholder ng GenCorp at nalalaman po ninyo, hindi niyo po papayagang ma-awardan ng anumang kontrata sa Davao. Tama po ba yan? 03:08:15.960 --> 03:08:16.820 Mayor Sebastian “Baste” Z. Duterte: I would not allow it. 03:08:17.420 --> 03:08:19.800 Sen. Francis "Chiz" G. Escudero: Okay. Your witness, Attorney Ted. 03:08:20.000 --> 03:08:20.520 Atty. Theodore Te: Thank you, Your Honor. 03:08:21.390 --> 03:08:25.920 Atty. Theodore Te: At huli na dito sa parting ito, tapos pupuntahan ako sa dulo. 03:08:27.540 --> 03:08:36.160 Atty. Theodore Te: Bilang head of the procuring entity, kung kayo mismo, Mayor, ay may conflict of interest, siyempre, hindi niyo papayagan yung award. Tama, sir? 03:08:36.340 --> 03:08:36.640 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:08:36.800 --> 03:08:37.420 Atty. Theodore Te: Tama po. 03:08:39.310 --> 03:08:47.460 Atty. Theodore Te: Ah, Mayor. Diretsoin ko na po yung tanong. Sabi ni PO, diretsoin ko na. Kilala niyo po ba si Jaime T. Cruz? 03:08:47.880 --> 03:08:48.280 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:08:49.150 --> 03:08:51.130 Atty. Theodore Te: Kilala niyo siya dahil kanegosyo niya siya, di ba? 03:08:51.350 --> 03:08:51.870 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:08:52.110 --> 03:08:56.350 Atty. Theodore Te: Ang korporasyon na pinag-uusapan natin, Chinese Gen B Food Corporation? 03:08:56.890 --> 03:08:57.610 Mayor Sebastian “Baste” Z. Duterte: I cannot remember. 03:08:57.770 --> 03:09:06.410 Atty. Theodore Te: You cannot remember? May I be allowed to ask that the witness be shown a copy of the GIS of the corporation and that the same be flashed on the screen 03:09:06.410 --> 03:09:09.190 Atty. Theodore Te: to allow 03:09:09.190 --> 03:09:10.950 Atty. Theodore Te: the witness to be refreshed? 03:09:14.320 --> 03:09:32.080 Atty. Theodore Te: You are being shown, Mr. Mayor, a copy of the GIS for 2026 of Chinese Gen B Foods Corporation. Can you kindly examine the document and can you confirm that your name appears there as a shareholder of Chinese Gen B Foods Corporation? 03:09:34.140 --> 03:09:34.600 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:09:34.800 --> 03:09:39.000 Atty. Theodore Te: In fact, it is in item 6, correct? 03:09:39.000 --> 03:09:39.370 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:09:39.370 --> 03:09:45.290 Atty. Theodore Te: And can you also confirm that... The name of your brother, Paolo Duterte, is also in that document. 03:09:45.510 --> 03:09:45.730 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:09:45.850 --> 03:09:51.010 Atty. Theodore Te: Yes. And can you confirm that the name of Jaime T. Cruz appears in that document? 03:09:51.010 --> 03:09:51.390 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:09:51.390 --> 03:09:57.550 Atty. Theodore Te: Yes, sir. And one last thing. Can you confirm if the name of Gurley De La Cruz appears in that document? 03:09:58.130 --> 03:09:59.550 Mayor Sebastian “Baste” Z. Duterte: Yes, but I do not know this individual. 03:09:59.730 --> 03:10:07.570 Atty. Theodore Te: Yes, sir. Thank you. I just wanted a confirmation if the name appears. Thank you, sir. Now, you're also familiar with Mr. Jaime T. Cruz. 03:10:09.510 --> 03:10:13.310 Atty. Theodore Te: As he was the one who was appointed by your father as special envoy to China? 03:10:15.780 --> 03:10:16.600 Mayor Sebastian “Baste” Z. Duterte: Probably, yes. 03:10:17.460 --> 03:10:22.340 Atty. Theodore Te: He's also the same Jaime T. Cruz who was offered by your father to be president of PhilHealth? 03:10:22.740 --> 03:10:23.440 Mayor Sebastian “Baste” Z. Duterte: I do not know. 03:10:23.660 --> 03:10:39.200 Atty. Theodore Te: You don't know that. And you're not aware that Mr. Jaime T. Cruz is the listed main stockholder of GenCorp Industries Incorporated? No. That's because you didn't take a look at the corporate papers of GenCorp, right? 03:10:39.320 --> 03:10:39.540 Mayor Sebastian “Baste” Z. Duterte: No. 03:10:39.860 --> 03:10:40.460 Atty. Theodore Te: Thank you. 03:10:58.170 --> 03:11:01.630 Atty. Theodore Te: With that, Your Honor, I am concluding my direct examination. Thank you, Mr. Mayor. 03:11:01.710 --> 03:11:01.950 Atty. Theodore Te: Thank you. 03:11:01.950 --> 03:11:05.290 Sen. Francis "Chiz" G. Escudero: Thank you, counsel. Any cross? Attorney Justin? 03:11:10.000 --> 03:11:12.320 Atty. Justin Nicol B. Gular: Just 10 minutes, Your Honor, to organize 03:11:12.320 --> 03:11:12.660 Atty. Justin Nicol B. Gular: the calls. 03:11:12.840 --> 03:11:13.060 Sen. Francis "Chiz" G. Escudero: I'll 03:11:13.060 --> 03:11:16.280 Sen. Francis "Chiz" G. Escudero: hold you to that, counsel. You may proceed when you're ready. 03:11:16.640 --> 03:11:17.000 Sen. Francis "Chiz" G. Escudero: Ah, 03:11:18.890 --> 03:11:20.400 Sen. Francis "Chiz" G. Escudero: you want 10 minutes to prepare? 03:11:20.720 --> 03:11:29.790 Sen. Francis "Chiz" G. Escudero: Ah, I thought your cross was going to be for 10 minutes. Yes, in the meantime, we will proceed with the senator-judges who may have interjections. Anika? 03:11:32.200 --> 03:11:35.740 Sen. Francis "Chiz" G. Escudero: I believe Attorney, yes, Senator-Judge Raffi, 03:11:37.950 --> 03:11:39.970 Sen. Francis "Chiz" G. Escudero: Tulfo, yes, sir. 03:11:42.570 --> 03:11:45.910 Sen. Francis "Chiz" G. Escudero: You may proceed, sir. When you're ready, you have two minutes. 03:11:53.170 --> 03:11:55.530 Sen. Raffy T. Tulfo: Mr. Presiding Officer, bago sa aking question. 03:11:56.210 --> 03:11:56.910 Sen. Francis "Chiz" G. Escudero: Yes, sir. 03:11:57.770 --> 03:12:19.070 Sen. Raffy T. Tulfo: Itadirect ko muna itong statement ko for you. Yesterday, I raised the issue about the conflict of interest, pero ngayon, naging clear na sa akin na although Nasa SALN ni Vice President Sara Duterte na siya ay part-owner ng GenCorp but wala naman dun sa SEC. 03:12:19.070 --> 03:12:20.020 Sen. Raffy T. Tulfo: Tama. 03:12:20.020 --> 03:12:45.530 Sen. Raffy T. Tulfo: And then you ask him kung aware ba siya na si VP Sara ay part-owner ng GenCorp and if he knows it, he will not allow it. And his answer was in the affirmative, of course he will not allow it. So hindi na ako magtatanong sa conflict of interest. Ang tanong ko na lang, ganito, kanina, Mr. Mayor, good afternoon. 03:12:45.890 --> 03:12:46.890 Mayor Sebastian “Baste” Z. Duterte: Good afternoon, Your Honor. 03:12:48.090 --> 03:12:56.890 Sen. Raffy T. Tulfo: Kanina po, pinabasa sa iyo ni Atty. Te, yung highlighted portion sa item 5, and binasa niyo po ito, quote, 03:12:57.150 --> 03:12:58.210 Sen. Raffy T. Tulfo: 5, 03:12:58.390 --> 03:13:15.810 Sen. Raffy T. Tulfo: line of business, the supplier must have a certificate issued by the CMO to the head of the business bureau indicating that the line... At least has been operational for five years in the market and shall be submitted as part of the eligibility requirements. Do you concur? 03:13:15.810 --> 03:13:16.550 Mayor Sebastian “Baste” Z. Duterte: Yes, 03:13:16.750 --> 03:13:16.930 Mayor Sebastian “Baste” Z. Duterte: sir. 03:13:17.210 --> 03:13:17.770 Mayor Sebastian “Baste” Z. Duterte: Yes, 03:13:17.870 --> 03:13:18.170 Mayor Sebastian “Baste” Z. Duterte: your honor. 03:13:18.330 --> 03:13:34.960 Sen. Raffy T. Tulfo: Thank you po. Thank you po. Now, pero dito po sa records, lumilitaw na from 2020 po nagbukas yung GenCorp na registered sa SEC. 03:13:39.250 --> 03:13:44.910 Sen. Raffy T. Tulfo: 2022 hanggang 2026 tuloy-tuloy po na nakatanggap ng contract ang GENCORP, 03:13:45.010 --> 03:13:45.650 Sen. Raffy T. Tulfo: which 03:13:45.650 --> 03:13:53.380 Sen. Raffy T. Tulfo: is sa lungat po doon sa patakaran po ninyo sa eligibility requirements ng Davao for public bidding. 03:13:55.460 --> 03:13:56.740 Mayor Sebastian “Baste” Z. Duterte: Your question is, Your Honor? 03:13:57.380 --> 03:14:06.660 Sen. Raffy T. Tulfo: Sa lungat po doon sa sinasabi nyo kanina. Kasi diba ang sa inyo po five years dapat. Must be at least five years in business. 03:14:07.200 --> 03:14:08.100 Mayor Sebastian “Baste” Z. Duterte: Your Honor, 03:14:09.990 --> 03:14:17.740 Mayor Sebastian “Baste” Z. Duterte: The BAC may have modified the rules for that particular procurement submission. 03:14:19.270 --> 03:14:21.810 Sen. Raffy T. Tulfo: Modified. Kailan po na-modify yun, Mr. Mayor? 03:14:21.930 --> 03:14:24.570 Mayor Sebastian “Baste” Z. Duterte: I do not know. I have to consult this with the BAC. 03:14:25.260 --> 03:14:25.780 Mayor Sebastian “Baste” Z. Duterte: They 03:14:25.780 --> 03:14:28.660 Mayor Sebastian “Baste” Z. Duterte: would have a valid reason if they would have done that. 03:14:29.840 --> 03:14:41.350 Sen. Raffy T. Tulfo: Okay. Pero yung binasa nyo kanina, that was a document from 2024, I believe. If I'm not mistaken, Attorney Te? 03:14:41.350 --> 03:14:42.570 Atty. Theodore Te: Yes, Your Honor. 03:14:42.570 --> 03:14:57.890 Sen. Raffy T. Tulfo: Okay. So, kung binago yun, since 2020, 2024, binago yun na yun, at least 5 years, starting 2024. So, hindi ko na bibilangan yung 2022. Mag-umpisa natin 2024. Starting 2024, September, 03:15:00.860 --> 03:15:12.300 Sen. Raffy T. Tulfo: nakakaroon ng kontrata ang GenCorp. 2024, September, August 30, 2024, June 30, 2025, June 25, 2025, tuloy-tuloy pa rin. 03:15:12.300 --> 03:15:13.860 Mayor Sebastian “Baste” Z. Duterte: Yes, Your Honor. 03:15:13.860 --> 03:15:22.720 Sen. Raffy T. Tulfo: So, therefore, you're not aware na mayroon pong irregularity na sa pagtanggap ng kontrata sa 03:15:22.880 --> 03:15:23.220 Mayor Sebastian “Baste” Z. Duterte: GenCorp? I think 03:15:23.220 --> 03:15:27.260 Mayor Sebastian “Baste” Z. Duterte: the irregularity, it would have come to my attention. 03:15:28.780 --> 03:15:37.320 Mayor Sebastian “Baste” Z. Duterte: If they modified it, then there would be no irregularity. As long as that modification is under the law. 03:15:37.760 --> 03:15:43.040 Sen. Raffy T. Tulfo: Yes. There's no problem with modification, Mr. Mayor. Yung sa akin, kailan po na-modify? 03:15:44.590 --> 03:15:45.250 Sen. Raffy T. Tulfo: When was it modified? 03:15:45.930 --> 03:15:47.470 Mayor Sebastian “Baste” Z. Duterte: I do not know. The BAC knows this. 03:15:47.750 --> 03:16:05.680 Sen. Raffy T. Tulfo: The BAC knows. Granted na modified yun sa 2024 kasi binasa mo 2024, diba? So if it was modified sa 2024, dapat 2024 onwards, stop na ang pagtatanggap muna ng contract para sa GenCorp. 03:16:09.040 --> 03:16:21.560 Sen. Raffy T. Tulfo: Why? Kasi nga po, at least 5 years eh, diba? Doon sa patakalan nyo, at least 5 years in business. In the same line of business, at least 5 years nag-operate na. 03:16:23.240 --> 03:16:29.540 Mayor Sebastian “Baste” Z. Duterte: Yes, that's why I am saying, Your Honor, that they may have modified that rule. 03:16:32.130 --> 03:16:38.050 Sen. Raffy T. Tulfo: So they modified the rule stating na pwede na tumanggap ang contract? 03:16:38.050 --> 03:16:39.550 Mayor Sebastian “Baste” Z. Duterte: Yes, probably, 03:16:39.830 --> 03:16:43.510 Mayor Sebastian “Baste” Z. Duterte: probably, because I do not know this. The BAC knows this. I can confirm this with the BAC. 03:16:44.090 --> 03:16:46.410 Sen. Raffy T. Tulfo: Okay, so hindi kayo nag-uusap ng mga taga-BAC? 03:16:47.090 --> 03:16:49.710 Mayor Sebastian “Baste” Z. Duterte: Not in this particular details. 03:16:50.330 --> 03:16:53.350 Sen. Raffy T. Tulfo: Okay. That's all for now. Thank 03:16:53.350 --> 03:17:00.290 Sen. Francis "Chiz" G. Escudero: you, Senator-Judge Raffi. Any other Senator-Judge who wishes to make an interjection? Senator Riza? 03:17:16.950 --> 03:17:32.140 Sen. Francis "Chiz" G. Escudero: Since we're trying to make use of the time, instead of declaring recess, if there are no other Senator-Judges, just to clarify, Mayor Duterte? Yes, Senator-Judge Allan Cayetano is recognized for his interjections. 03:17:32.260 --> 03:17:34.420 Sen. Alan Peter Cayetano: Good afternoon, Mr. Presiding Officer. You 03:17:34.420 --> 03:17:35.340 Sen. Francis "Chiz" G. Escudero: will make interjections, 03:17:35.340 --> 03:17:35.700 Sen. Alan Peter Cayetano: Your Honor? 03:17:44.980 --> 03:18:20.080 Sen. Alan Peter Cayetano: May questions are meant to clarify, not to confuse. In no way does it excuse you or anyone if there's any anomaly or irregularity. But I just want the context clear. Because very, very few people really know What happens in a mayor's office? But being married to a mayor, I sort of understand. So, first of all, Mayor, gaano karami ang pinipirmahan ng isang mayor? 03:18:20.800 --> 03:18:25.640 Mayor Sebastian “Baste” Z. Duterte: It could... 03:18:25.640 --> 03:18:29.640 Sen. Alan Peter Cayetano: Let's start with payroll muna. You have to sign all of the payroll, tama? 03:18:29.640 --> 03:18:30.380 Mayor Sebastian “Baste” Z. Duterte: I 03:18:30.380 --> 03:18:32.740 Mayor Sebastian “Baste” Z. Duterte: would say 50,000. 03:18:32.740 --> 03:18:34.320 Sen. Alan Peter Cayetano: If you... Yes. 03:18:34.850 --> 03:18:47.710 Sen. Alan Peter Cayetano: I've asked COA to change that. But so far, DILG, over the years, not just this administration. So pareho din ba? You have bags and bags, whether sa bahay or sa opisina. Yes, yes, 03:18:47.750 --> 03:18:48.010 Mayor Sebastian “Baste” Z. Duterte: yes. 03:18:48.230 --> 03:19:00.460 Sen. Alan Peter Cayetano: And pag nilabas, you have to sign each and every one of them. Okay. So aside from payroll, okay, sa procurement, how much is the budget of the City of Davao? 03:19:01.080 --> 03:19:01.860 Mayor Sebastian “Baste” Z. Duterte: 14 billion. 03:19:02.360 --> 03:19:20.210 Sen. Alan Peter Cayetano: 14 billion 15 maybe 30 40 percent of that is subject to procurement the others are payroll 30 percent so you have to procure around 4 billion worth uh of uh materials uh food but 03:19:20.210 --> 03:19:20.830 Mayor Sebastian “Baste” Z. Duterte: But i have 03:19:20.830 --> 03:19:21.150 Mayor Sebastian “Baste” Z. Duterte: to check 03:19:21.150 --> 03:19:23.610 Mayor Sebastian “Baste” Z. Duterte: this yes to be accurate 03:19:23.610 --> 03:19:25.790 Sen. Alan Peter Cayetano: and you have to sign all of that uh 03:19:26.080 --> 03:19:36.060 Mayor Sebastian “Baste” Z. Duterte: that's why i delegated uh this uh authority to sign and named a representative that would be Attorney Tristan Domingo. 03:19:36.140 --> 03:20:08.170 Sen. Alan Peter Cayetano: So that's clear. So under the law and regulation, there are some that you can delegate but there are some that you are required to sign personally. But the point I want to make is this. You will not have any other time to govern if you're going to have to... Look at each and every company, each and every document, each and every person. For example, sa payroll. Under the law, you can rely on the signature of your personal officer. 03:20:08.570 --> 03:20:17.880 Mayor Sebastian “Baste” Z. Duterte: Tingin ko, Your Honor, pag pipirmahan mo lahat o ikaw pipirman ng lahat, yun lang ang gagawin mo sa buong linggo. 03:20:18.080 --> 03:20:21.400 Sen. Alan Peter Cayetano: And even assuming hindi mo pinipirman lahat, with the... 03:20:24.630 --> 03:20:37.750 Sen. Alan Peter Cayetano: authority for someone else to sign, whether it's the administrator, the city secretary, or anyone else allowed by law. If you have to look at the attachments of every single document, will you have time? 03:20:37.990 --> 03:20:39.670 Mayor Sebastian “Baste” Z. Duterte: It's virtually impossible. 03:20:39.870 --> 03:20:42.030 Sen. Francis "Chiz" G. Escudero: Last question. 03:20:42.030 --> 03:20:49.450 Sen. Francis "Chiz" G. Escudero: Senator Allan, you still have... I'll give you one more minute because Attorney Justin has until about 1:14 before his cross. So I'll give you an extended time. So 03:20:49.450 --> 03:21:08.420 Sen. Alan Peter Cayetano: my point, Mayor, is that dili kinahinglan. Natanawan mo tanan. You don't have to look at all the documents. If one by one, if under the law, you can rely on the signatures before your signature. Is that correct? 03:21:08.720 --> 03:21:15.020 Mayor Sebastian “Baste” Z. Duterte: All the documents that come to me enjoy the presumption of no irregularity. 03:21:15.260 --> 03:21:19.480 Sen. Alan Peter Cayetano: Okay. So how much bigger than Metro Manila is Davao City? 03:21:19.820 --> 03:21:21.620 Mayor Sebastian “Baste” Z. Duterte: In terms of land area. 03:21:21.660 --> 03:21:22.640 Sen. Alan Peter Cayetano: Land area, for example. 03:21:24.720 --> 03:21:25.440 Mayor Sebastian “Baste” Z. Duterte: 3 03:21:25.440 --> 03:21:25.580 Mayor Sebastian “Baste” Z. Duterte: or 03:21:25.580 --> 03:21:25.880 Mayor Sebastian “Baste” Z. Duterte: 4 03:21:25.880 --> 03:21:26.600 Mayor Sebastian “Baste” Z. Duterte: times bigger 03:21:26.600 --> 03:21:33.120 Mayor Sebastian “Baste” Z. Duterte: than 03:21:33.120 --> 03:22:20.880 Sen. Alan Peter Cayetano: Metro Manila. I just wanted to make the point that we will not excuse any governor, any mayor, any senator, any DPWH official from anomalies. But hindi pwedeng inuendos. Hindi pwedeng, by the way, ganito or... May ghost dyan, may kamag-anak ka dyan, etc. The one accusing has to prove na meron nga talagang anomalya, whatever it is, whether it's ghost. Because if not, it will be unfair to every single mayor, governor, director, etc. given the number of documents that we actually have to sign. Do you agree with that statement? 03:22:20.880 --> 03:22:21.240 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:22:21.890 --> 03:22:22.850 Mayor Sebastian “Baste” Z. Duterte: Totally. I agree. 03:22:22.850 --> 03:22:24.150 Sen. Alan Peter Cayetano: Thank you, Mr. President. 03:22:24.150 --> 03:22:26.830 Sen. Francis "Chiz" G. Escudero: Thank you, Senator Judge Allan. Attorney Justin? 03:22:26.830 --> 03:22:27.430 Atty. Justin Nicol B. Gular: Yes, Your Honor. 03:22:27.430 --> 03:22:28.950 Sen. Francis "Chiz" G. Escudero: Exactly 10 minutes. 03:22:28.950 --> 03:22:30.150 Atty. Justin Nicol B. Gular: No, not 10 minutes. 03:22:30.150 --> 03:22:31.550 Sen. Francis "Chiz" G. Escudero: Will your cross be 10 minutes too? 03:22:31.550 --> 03:22:32.390 Atty. Justin Nicol B. Gular: Hopefully, Your Honor. 03:22:32.930 --> 03:22:34.390 Atty. Justin Nicol B. Gular: May I proceed, Your Honor? 03:22:34.550 --> 03:22:36.090 Sen. Francis "Chiz" G. Escudero: You may proceed, Counsel. 03:22:36.430 --> 03:22:37.130 Atty. Justin Nicol B. Gular: Maying hapon, Mayor. 03:22:37.370 --> 03:22:37.630 Mayor Sebastian “Baste” Z. Duterte: Maying 03:22:37.630 --> 03:22:37.850 Mayor Sebastian “Baste” Z. Duterte: hapon, 03:22:37.930 --> 03:22:38.050 Mayor Sebastian “Baste” Z. Duterte: Sir. 03:22:38.710 --> 03:22:47.890 Atty. Justin Nicol B. Gular: Mayor, you appeared before this court by virtue of a sapina issued by this impeachment court. Kailan niyo po natanggap yung sapina na ito? 03:22:48.380 --> 03:22:49.470 Mayor Sebastian “Baste” Z. Duterte: 21st? 03:22:49.470 --> 03:23:10.690 Atty. Justin Nicol B. Gular: On September 21st. Now, yesterday or September 28, 2026, you sent a letter to this impeachment court, correct? I just want to make the record clear. In this letter, you stated that you requested for an extension to appear and submit the documents on September 29 and September 30, 2026. Tama po ba, Mayor? 03:23:10.690 --> 03:23:10.970 Mayor Sebastian “Baste” Z. Duterte: Correct. 03:23:10.970 --> 03:23:17.010 Atty. Justin Nicol B. Gular: And in your letter, you specifically stated within which to submit the required documents. Tama po ba, Mayor? 03:23:17.010 --> 03:23:17.310 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:23:17.310 --> 03:23:24.580 Atty. Justin Nicol B. Gular: At ito lang po yung reason kung bakit nag-request kayo na Ngayong araw na po kayo mag-attend. Tama po ba? Para malaman ng publiko. 03:23:25.920 --> 03:23:33.430 Mayor Sebastian “Baste” Z. Duterte: May trabaho ko kahapon sa Davao before, you know, like, I had prior commitments. 03:23:33.990 --> 03:23:55.950 Atty. Justin Nicol B. Gular: Okay. Thank you, Mayor. Now, earlier din, Mayor, you were asked to identify procurement documents on screen. Now, do you confirm, Mayor, that all contracts entered between the local government of Davao City and GenCorp Industries, Inc.? was entered into between the years 2022 to the present, 2026. 03:23:56.330 --> 03:23:56.630 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:23:56.910 --> 03:24:07.950 Atty. Justin Nicol B. Gular: And with respect to the contracts entered into 2022, please confirm for the record that the vice president or your sister, Sara Zimmerman Duterte, was no longer the mayor of Davao City. 03:24:08.230 --> 03:24:09.330 Mayor Sebastian “Baste” Z. Duterte: Yes. Yes. 03:24:09.350 --> 03:24:20.130 Atty. Justin Nicol B. Gular: And you confirm that no contracts was entered between the Davao City LGU and GenCorp Industries Inc. at the time when your sister was still the local chief executive. 03:24:22.020 --> 03:24:49.600 Atty. Justin Nicol B. Gular: You are of course aware that your sister was elected as the vice president of our country in the year 2022. And you also confirmed that her term as the mayor of Davao City ended as well on June 30, 2022, correct? And after that, after her election as the vice president, she of course moved to Metro Manila to perform her duties as the vice president, correct? 03:24:50.030 --> 03:24:50.390 Atty. Justin Nicol B. Gular: Now, 03:24:50.390 --> 03:25:05.580 Atty. Justin Nicol B. Gular: earlier, you were confronted by the good prosecutor of the Council for Prosecutors about your statements on September 21, 2026. Do you have it with you, Mayor? Yung statement nyo sa Facebook? 03:25:05.660 --> 03:25:05.920 Mayor Sebastian “Baste” Z. Duterte: Yes, 03:25:05.960 --> 03:25:06.440 Mayor Sebastian “Baste” Z. Duterte: this one? 03:25:07.220 --> 03:25:18.845 Atty. Justin Nicol B. Gular: Puntaan lang po natin. Specifically, he referred you to this quote. Regulously evaluated and determined to have submitted the lowest responsive bid offer. You recall that? 03:25:18.845 --> 03:25:20.120 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:25:20.120 --> 03:25:28.490 Atty. Justin Nicol B. Gular: To clarify, Mayor, when you made that statement, you were actually referring to the local government of Davao City, particularly its bids and awards committee, correct? 03:25:28.550 --> 03:25:28.800 Mayor Sebastian “Baste” Z. Duterte: Yes, correct. 03:25:28.930 --> 03:25:34.230 Atty. Justin Nicol B. Gular: You were not referring with respect to that statement. It was not your own doing, tama po ba? 03:25:34.310 --> 03:25:34.650 Mayor Sebastian “Baste” Z. Duterte: Yes, yes, yes. 03:25:34.950 --> 03:25:46.430 Atty. Justin Nicol B. Gular: And in fact, you are aware that it is the bids and awards committee of the local government of Davao City that receives and evaluates any bidding for the local government, tama, Mayor? 03:25:46.430 --> 03:25:46.780 Mayor Sebastian “Baste” Z. Duterte: Correct. 03:25:46.780 --> 03:25:51.830 Atty. Justin Nicol B. Gular: In fact, it is the bids and awards committee that recommends awards of any procurement. 03:25:51.830 --> 03:25:52.420 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:25:52.420 --> 03:25:59.950 Atty. Justin Nicol B. Gular: And in fact, under the law, it is also the bids and awards committee that recommends the procurement method that should be used. 03:25:59.950 --> 03:26:00.540 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:26:00.540 --> 03:26:26.340 Atty. Justin Nicol B. Gular: And please confirm, in your years of being a public official in Davao City, you were never a member of the bids and awards committee. In fact, at no point were you a member of said committee. Tama po ba? Now, let's go further. You confirmed earlier during your direct examination that you are considered under the procurement laws as the head of the procurement entity. Do you recall that, Mayor? 03:26:26.480 --> 03:26:26.840 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:26:26.960 --> 03:26:40.440 Atty. Justin Nicol B. Gular: And you are of course aware that under the law, a HOPE cannot interfere with the deliberations of the Bids and Awards Committee. And of course, as the Mayor of Davao City, you never interfered. Yes. With the Bids and Awards Committee. Tama po ba, Mayor? 03:26:40.440 --> 03:26:40.860 Mayor Sebastian “Baste” Z. Duterte: Correct. 03:26:40.860 --> 03:26:46.130 Atty. Justin Nicol B. Gular: And as HOPE... You cannot even join the deliberations conducted by the BAC. Tama po ba? 03:26:46.410 --> 03:26:46.930 Atty. Justin Nicol B. Gular: At 03:26:46.930 --> 03:27:15.170 Atty. Justin Nicol B. Gular: syempre, you never joined the deliberations conducted by the BAC. Now, you earlier mentioned that you also delegated the functions of the BAC to the Assistant City Administrator. Do I recall that properly, Mayor? Can you please explain for the record why you have to do this? Why do you have to delegate your authorities and your responsibilities as HOPE? To the city administrator, assistant city administrator. 03:27:15.190 --> 03:27:32.590 Mayor Sebastian “Baste” Z. Duterte: Because I have a lot of work as a mayor of that particular LGU which is Davao City. And it will take too much of my time if I don't delegate this particular job to the assistant city administrator. 03:27:33.450 --> 03:27:41.000 Atty. Justin Nicol B. Gular: Yes. And can you please confirm for the record, mayor, if there is any issuance with respect to this delegation of such authority? 03:27:41.000 --> 03:27:41.600 Mayor Sebastian “Baste” Z. Duterte: Yes, 03:27:41.600 --> 03:27:43.340 Mayor Sebastian “Baste” Z. Duterte: an executive order. 03:27:43.760 --> 03:27:53.220 Atty. Justin Nicol B. Gular: Thank you, Mayor. Now, let's go into the contracts. Yung dinala niyo po sa hearing na ito, Mayor, ay 19 contracts. Tama po ba? 03:27:53.380 --> 03:27:53.820 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:27:54.040 --> 03:27:58.260 Atty. Justin Nicol B. Gular: And in fact, you also confirmed this in your public statement that was posted through Facebook. 03:27:58.400 --> 03:27:58.960 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:27:59.180 --> 03:28:09.630 Atty. Justin Nicol B. Gular: Now, nagtataka lang po kasi ako, Mayor, kasi nung nag-testigo yung taga-PhilGEPS dito, sabi niya lang 14 procurement transactions or contracts lang 03:28:09.630 --> 03:28:18.780 Atty. Justin Nicol B. Gular: Between City of Davao and the GenCorp Industries Inc. So there is a discrepancy. 03:28:18.780 --> 03:28:19.320 Mayor Sebastian “Baste” Z. Duterte: Yes sir. 03:28:19.320 --> 03:28:26.560 Atty. Justin Nicol B. Gular: Can you please explain why there is such a discrepancy between the records of the PhilGEPs and that of the city local government of Davao? 03:28:26.880 --> 03:28:35.900 Mayor Sebastian “Baste” Z. Duterte: I cannot explain why that reflected on the PhilGEPs data but that is our records. So the subpoena requested 03:28:35.900 --> 03:28:47.300 Mayor Sebastian “Baste” Z. Duterte: the transactions of GenCorp with the city. So I, I had to provide what we had on record. 03:28:47.300 --> 03:28:55.940 Atty. Justin Nicol B. Gular: In other words, Mayor Baste, in full compliance with the subpoena, you brought all the records with respect to procurement transactions between the local government 03:28:55.940 --> 03:28:59.840 Atty. Justin Nicol B. Gular: of Davao City and GenCorp Industries, Inc., correct? 03:28:59.840 --> 03:29:00.420 Mayor Sebastian “Baste” Z. Duterte: Yes, correct. 03:29:00.420 --> 03:29:15.620 Atty. Justin Nicol B. Gular: Now, I also have another important clarification to make with you, Mayor Baste. When the PhilGEPS Witness also testified before this court. He actually mentioned that there are 33 contracts awarded to PhilHealth Region 11 or Davao Region. 03:29:16.180 --> 03:29:16.780 Atty. Justin Nicol B. Gular: Can 03:29:16.780 --> 03:29:22.400 Atty. Justin Nicol B. Gular: you just please confirm for the record that the local government of Davao City had no participation whatsoever? 03:29:22.400 --> 03:29:23.620 Mayor Sebastian “Baste” Z. Duterte: Of course, they 03:29:23.620 --> 03:29:25.300 Mayor Sebastian “Baste” Z. Duterte: are a separate institution. 03:29:25.880 --> 03:29:26.260 Atty. Justin Nicol B. Gular: Correct. 03:29:26.260 --> 03:29:38.440 Atty. Justin Nicol B. Gular: And for the record, the 33 contracts awarded to PhilHealth Region Davao, Davao Region and the LGU of Davao City are two separate distinct instrumentalities of our government. Tama po ba? 03:29:38.440 --> 03:29:38.990 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:29:38.990 --> 03:29:54.020 Atty. Justin Nicol B. Gular: Now, based on your records, I was able to peruse them as well as the records of the PhilGEPS. How many of these contracts between Davao City LGU and GenCorp Industries Inc. were done through competitive bidding, if you can recall? 03:29:55.560 --> 03:29:57.900 Mayor Sebastian “Baste” Z. Duterte: I might have to refer to the... 03:29:57.900 --> 03:29:59.040 Atty. Justin Nicol B. Gular: Okay. 03:30:00.000 --> 03:30:06.790 Atty. Justin Nicol B. Gular: Yes. Out of the 19, would it be correct to say that there were 4 of these contracts was competitive bidding? 03:30:06.790 --> 03:30:07.620 Mayor Sebastian “Baste” Z. Duterte: Probably. 03:30:07.620 --> 03:30:13.710 Atty. Justin Nicol B. Gular: And out of the 19, would you confirm that 15 of them was through small value procurement? 03:30:13.710 --> 03:30:16.330 Mayor Sebastian “Baste” Z. Duterte: If that's what the record says, yes. 03:30:16.330 --> 03:30:27.970 Atty. Justin Nicol B. Gular: Now, of course, you confirm that a competitive bidding is allowed under our procurement laws. You also confirm that small value procurement is also allowed under our procurement laws. Tama po ba? 03:30:27.970 --> 03:30:28.725 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:30:28.725 --> 03:30:43.130 Atty. Justin Nicol B. Gular: Now, you are also aware, Mayor, that in relation to public procurement transactions, a bidder is required to submit an omnibus sworn statement that the bidder should submit to the procuring entity. 03:30:43.330 --> 03:30:43.970 Atty. Justin Nicol B. Gular: Now, 03:30:43.990 --> 03:30:45.350 Atty. Justin Nicol B. Gular: my question is, number one, 03:30:47.390 --> 03:30:57.300 Atty. Justin Nicol B. Gular: of course, GenCorp Industries Inc. included in their omnibus sworn statement. The coverage is under the law with respect to no relationship. 03:30:57.620 --> 03:31:09.860 Atty. Theodore Te: Your Honor, objection. The witness himself testified earlier that he has not seen that omnibus foreign statement. In fact, he never perused any of the documents subject of these awards. Move on, counsel. There's no basis for that 03:31:09.860 --> 03:31:21.940 Atty. Justin Nicol B. Gular: question. We submit, Your Honor. Now, when you were requested to peruse through and compile documents subject of this subpoena, you of course had to direct your staff to compile them. Tama po ba, Mayor? 03:31:22.320 --> 03:31:22.660 Mayor Sebastian “Baste” Z. Duterte: Correct. 03:31:23.190 --> 03:31:31.010 Atty. Justin Nicol B. Gular: Now when you saw these documents, does the name Sara Z. Duterte appear in any of those documents relating to all those 19 contracts? 03:31:31.450 --> 03:31:31.710 Mayor Sebastian “Baste” Z. Duterte: No. 03:31:32.840 --> 03:31:47.750 Atty. Justin Nicol B. Gular: Okay. Now let's go into your delegated authority more particularly. During your direct examination, you actually confirmed that your powers, functions, and duties was delegated. with respect to procurement to your assistant city administrator of Davao City. 03:31:48.050 --> 03:31:56.010 Atty. Theodore Te: Your Honor, objection. That's misleading. The only thing that he mentioned was he delegated the signing authority, not anything else, Your Honor. 03:31:56.150 --> 03:31:57.050 Atty. Justin Nicol B. Gular: I'm asking to confirm. 03:31:57.450 --> 03:31:58.690 Sen. Francis "Chiz" G. Escudero: Kindly reform, counsel. 03:31:58.990 --> 03:31:59.940 Atty. Justin Nicol B. Gular: The signing? 03:31:59.940 --> 03:32:00.990 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. 03:32:00.990 --> 03:32:02.370 Atty. Justin Nicol B. Gular: Does it include any other authority? 03:32:03.960 --> 03:32:04.640 Mayor Sebastian “Baste” Z. Duterte: No, sir. 03:32:04.840 --> 03:32:19.630 Atty. Justin Nicol B. Gular: Okay. Now, and this is precisely why, and who is the assistant city administrator of Davao City, Mayor? Attorney Domingo. Now, does Atty. Domingo have any relationship with the Vice President? 03:32:20.510 --> 03:32:21.810 Mayor Sebastian “Baste” Z. Duterte: Probably. I do not know. 03:32:22.670 --> 03:32:25.230 Atty. Justin Nicol B. Gular: Is he related by blood to the Vice President? 03:32:25.230 --> 03:32:26.090 Mayor Sebastian “Baste” Z. Duterte: No. 03:32:26.090 --> 03:32:34.730 Atty. Justin Nicol B. Gular: Okay. Now, let's go to... Earlier, you were confronted with a request for quotation for the year 2024. Do you recall that? 03:32:36.270 --> 03:32:37.030 Mayor Sebastian “Baste” Z. Duterte: Sorry, which 03:32:37.030 --> 03:32:37.070 Atty. Justin Nicol B. Gular: one? 03:32:37.070 --> 03:32:37.730 Atty. Justin Nicol B. Gular: A request for quotation. 03:32:38.210 --> 03:32:38.730 Mayor Sebastian “Baste” Z. Duterte: Yeah. 03:32:38.910 --> 03:32:54.860 Atty. Justin Nicol B. Gular: Nung tinanong po kayo specifically about the portion of that request for quotation, the supplier must have a certificate... Certificate issued by the CMO through the head of the Business Bureau indicating that the line of business has been operational for at least 5 years. Do you recall that? 03:32:54.860 --> 03:32:55.220 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:32:55.220 --> 03:33:10.040 Atty. Justin Nicol B. Gular: And given that you testified that you have no personal knowledge about GenCorp Industries Inc., it would be also correct that you are not aware about the branches that GenCorp Industries Inc. have franchises with. 03:33:10.340 --> 03:33:10.680 Mayor Sebastian “Baste” Z. Duterte: No. 03:33:10.780 --> 03:33:16.370 Atty. Justin Nicol B. Gular: But you confirmed that this particular contract was awarded to Jollibee Bolton Branch. 03:33:17.770 --> 03:33:18.330 Atty. Justin Nicol B. Gular: Now, 03:33:18.450 --> 03:33:24.450 Atty. Justin Nicol B. Gular: are you aware, Mayor, and only if you're aware, that the Jollibee Bolton Branch franchise has existed since 1991? 03:33:25.090 --> 03:33:25.790 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:33:25.790 --> 03:33:26.370 Atty. Justin Nicol B. Gular: Okay. 03:33:27.360 --> 03:33:45.590 Atty. Justin Nicol B. Gular: Now, let's move on. Now, we are all aware, of course, that your sister became the Vice President in 2022. These are my questions, Mayor. Despite being the brother of the Vice President, Would it be correct for me to say that you do not have any personal knowledge of her business interests? 03:33:46.070 --> 03:33:46.400 Mayor Sebastian “Baste” Z. Duterte: No. 03:33:46.400 --> 03:33:47.110 Atty. Justin Nicol B. Gular: No 03:33:47.110 --> 03:33:52.610 Atty. Justin Nicol B. Gular: specific personal knowledge or information about any corporation na may stockholdings siya po? 03:33:53.150 --> 03:33:54.490 Mayor Sebastian “Baste” Z. Duterte: No, I do not know. 03:33:54.690 --> 03:33:58.650 Atty. Justin Nicol B. Gular: No personal knowledge or information on what corporation she has investments in? 03:33:59.170 --> 03:33:59.810 Mayor Sebastian “Baste” Z. Duterte: No. 03:34:00.740 --> 03:34:16.010 Atty. Justin Nicol B. Gular: No personal knowledge din po or information on what corporations she has beneficial ownership of, if any? And for the record, at para po maintindihan ng publiko, why don't you have personal knowledge on these matters despite being the brother of the Vice President? 03:34:16.330 --> 03:34:21.030 Mayor Sebastian “Baste” Z. Duterte: We simply do not discuss this. I did not ask. It's 03:34:21.030 --> 03:34:23.410 Mayor Sebastian “Baste” Z. Duterte: a... Sir, privacy. 03:34:23.410 --> 03:34:34.490 Atty. Justin Nicol B. Gular: Yes. And despite being the brother of the Vice President, would it be correct for me to say as well that you don't have personal knowledge or information with respect to the disclosures that she made in the SALN? Tama po ba? 03:34:34.490 --> 03:34:35.370 Mayor Sebastian “Baste” Z. Duterte: Of course. 03:34:35.370 --> 03:34:37.750 Atty. Justin Nicol B. Gular: No knowledge on liabilities, assets, anything? 03:34:38.050 --> 03:34:38.310 Mayor Sebastian “Baste” Z. Duterte: No. 03:34:38.470 --> 03:34:42.730 Atty. Justin Nicol B. Gular: And again, for the record, para maintindihan ng publiko, why don't you have any personal knowledge on this? 03:34:44.060 --> 03:34:46.520 Mayor Sebastian “Baste” Z. Duterte: It's not my responsibility to know this. 03:34:48.510 --> 03:35:17.810 Atty. Justin Nicol B. Gular: Let's be more specific, Mayor. With respect to the 19 contracts that the Davao City LGU awarded to GenCorp Industries Inc., you had no personal knowledge of any of the businesses or interest financial connections of the Vice President with this supposed... And you also have no records as you have already perused with the local government of Davao City which would otherwise establish or much less infer a relationship, correct? 03:35:17.810 --> 03:35:18.450 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:35:18.450 --> 03:35:27.090 Atty. Justin Nicol B. Gular: So you confirm, Mayor, for the record that all contracts between the Davao City LGU and GenCorp Industry Inc. are above board and legal, correct? 03:35:27.090 --> 03:35:27.440 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:35:27.440 --> 03:35:39.570 Atty. Justin Nicol B. Gular: That no favor, special treatment, special accommodation was made in relation to the award of these 19 contracts by the Davao City LGU to GenCorp Industries, Inc. 03:35:39.690 --> 03:35:40.670 Mayor Sebastian “Baste” Z. Duterte: Absolutely, yes. 03:35:40.910 --> 03:35:53.230 Atty. Justin Nicol B. Gular: And am I correct in saying that these contracts entered into by the Davao City LGU with GenCorp Industries, Inc., including the disbursements made in relation to these contracts, was never flagged by the Commission on Audit? 03:35:53.230 --> 03:35:54.280 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:35:54.280 --> 03:36:08.560 Atty. Justin Nicol B. Gular: Now, this is my final sting of questions. Now, Mayor, of course you are aware. Let's go straight to the point. Now, during the time that You served as mayor from 2022 to 2025 03:36:08.560 --> 03:36:09.060 Atty. Justin Nicol B. Gular: and 03:36:09.060 --> 03:36:22.240 Atty. Justin Nicol B. Gular: recently acting mayor and then mayor. Did your sister, the vice president, at any time participate in or intervene in, whether directly or indirectly, in the governance or administration of Davao City? 03:36:22.320 --> 03:36:22.520 Mayor Sebastian “Baste” Z. Duterte: No. 03:36:23.450 --> 03:36:33.970 Atty. Justin Nicol B. Gular: Now since becoming the vice president, did your sister intervene or participate in any procurement contract, whether directly or indirectly, involving the Davao City LGU? 03:36:34.130 --> 03:36:34.390 Mayor Sebastian “Baste” Z. Duterte: No. 03:36:34.970 --> 03:36:49.320 Atty. Justin Nicol B. Gular: Now, since becoming the Vice President of the Philippines or even prior to her election as such, did you ever receive any special requests from her in connection with any transaction or contract involving the LGU of Davao City? 03:36:49.700 --> 03:36:50.240 Mayor Sebastian “Baste” Z. Duterte: No. 03:36:50.240 --> 03:36:50.660 Atty. Justin Nicol B. Gular: So 03:36:50.660 --> 03:36:56.300 Atty. Justin Nicol B. Gular: you confirm that there is also no request for favor particularly for GenCorp Industries, Inc.? 03:36:56.300 --> 03:36:56.940 Mayor Sebastian “Baste” Z. Duterte: No. 03:36:57.100 --> 03:37:03.240 Atty. Justin Nicol B. Gular: No particular request for accommodation particularly for GenCorp Industries, Inc.? 03:37:03.240 --> 03:37:03.830 Mayor Sebastian “Baste” Z. Duterte: None. 03:37:03.830 --> 03:37:24.220 Atty. Justin Nicol B. Gular: No requests or special treatment for GenCorp Industries, Inc. Tama po ba? Now, since becoming the Vice President, and for the record, please clarify this, Mayor. Nakatanggap po ba kayo ng mga tawag, ng mga message or text galing sa kanya na bigyan nyo naman ng special treatment itong GenCorp? 03:37:24.220 --> 03:37:24.780 Mayor Sebastian “Baste” Z. Duterte: No. 03:37:24.780 --> 03:37:32.940 Atty. Justin Nicol B. Gular: Now, did any official or employee of the Davao City LJU informed you that your sister approached them asking for a special favor? 03:37:32.940 --> 03:37:33.670 Mayor Sebastian “Baste” Z. Duterte: No. 03:37:33.670 --> 03:37:39.720 Atty. Justin Nicol B. Gular: Now, did any member of the BAC approach you that your sister was asking for a special favor or accommodation? 03:37:40.120 --> 03:37:40.300 Mayor Sebastian “Baste” Z. Duterte: No. 03:37:40.900 --> 03:37:54.670 Atty. Justin Nicol B. Gular: Last question, Mayor Bastet. Now, being the brother of the Vice President herself, and having known her for years, do you think that it's in her character as a person and as a politician to ask these kinds of special favors and requests? 03:37:54.670 --> 03:37:54.790 Atty. Theodore Te: Objection. 03:37:55.050 --> 03:37:55.570 Atty. Theodore Te: Objection, 03:37:55.590 --> 03:38:03.570 Atty. Theodore Te: Your Honor. That calls for a conclusion that violates the character rule, that violates opinion rule. 03:38:04.190 --> 03:38:05.730 Atty. Justin Nicol B. Gular: Your Honor, if I may respond, 03:38:06.360 --> 03:38:07.400 Atty. Justin Nicol B. Gular: to 03:38:07.400 --> 03:38:16.780 Atty. Justin Nicol B. Gular: quote the oft-repeated words of the prosecution, this is a constitutional and so generous proceeding. If we are here to ferret out the truth, let the witness answer. 03:38:17.120 --> 03:38:21.140 Sen. Francis "Chiz" G. Escudero: If that is your final question, counsel, I will allow it. 03:38:21.140 --> 03:38:22.060 Atty. Justin Nicol B. Gular: That's my final question. 03:38:22.200 --> 03:38:23.260 Atty. Theodore Te: Your Honor, may we 03:38:23.260 --> 03:38:34.930 Atty. Theodore Te: put our exception to that ruling on the record, Your Honor, that it violates every rule of opinion, conclusion, character. On the record, Your Honor. 03:38:34.950 --> 03:38:40.085 Sen. Francis "Chiz" G. Escudero: If you know Mayor Duterte, you may answer. 03:38:40.085 --> 03:38:42.110 Mayor Sebastian “Baste” Z. Duterte: Can you reiterate the question? 03:38:42.110 --> 03:38:42.800 Atty. Justin Nicol B. Gular: For 03:38:42.800 --> 03:39:02.400 Atty. Justin Nicol B. Gular: the record, I'll reiterate the question. Now being the brother of the Vice President herself, having known her for years, do you think that it is in her character as a person and as a politician to request for any favor, accommodation, or special treatment in relation to government contracts of a corporation? 03:39:03.260 --> 03:39:03.760 Mayor Sebastian “Baste” Z. Duterte: No. 03:39:05.190 --> 03:39:06.470 Atty. Justin Nicol B. Gular: No further questions, Your Honor. 03:39:06.530 --> 03:39:07.730 Sen. Francis "Chiz" G. Escudero: Thank you. Any redirect? 03:39:07.730 --> 03:39:09.510 Atty. Theodore Te: A few questions, Your Honor. 03:39:09.790 --> 03:39:09.950 Sen. Francis "Chiz" G. Escudero: You 03:39:09.950 --> 03:39:11.630 Sen. Francis "Chiz" G. Escudero: may proceed, Sir, when you're ready for your redirect. 03:39:11.630 --> 03:39:12.110 Atty. Theodore Te: Thank you, Your Honor. 03:39:15.530 --> 03:39:25.130 Atty. Theodore Te: Mayor, kanina, tinanong kayo ni Atty. Justin tungkol doon sa SAL-N ni Vice President. Tama po, Sir? 03:39:25.610 --> 03:39:25.970 Mayor Sebastian “Baste” Z. Duterte: Yes, Sir. 03:39:26.070 --> 03:39:45.380 Atty. Theodore Te: At sabi niyo, wala kayong personal knowledge dun sa mga negosyo niya, dun sa mga ari-arian niya. So wala kayong personal knowledge po doon, ano? At sabi po ninyo, kaya wala kayong personal knowledge doon kasi privacy niya at hindi nyo inaalam. Tama po ba yan? 03:39:45.380 --> 03:39:45.470 Mayor Sebastian “Baste” Z. Duterte: No, 03:39:45.470 --> 03:39:46.970 Mayor Sebastian “Baste” Z. Duterte: we do not discuss this. Okay, 03:39:47.070 --> 03:39:48.430 Atty. Theodore Te: you do not discuss it? 03:39:48.610 --> 03:39:48.770 Mayor Sebastian “Baste” Z. Duterte: Yeah. 03:39:48.930 --> 03:40:03.480 Atty. Theodore Te: Okay. So, wala rin po kayong personal knowledge, Mr. Mayor, kung ano yung motivation ni Vice President na ilagay niya yung GenCorp. 03:40:05.100 --> 03:40:07.900 Atty. Justin Nicol B. Gular: Misleading, Your Honor. Assumes that there is such a motivation, Your Honor. 03:40:07.940 --> 03:40:11.560 Atty. Theodore Te: Your Honor, the witness already testifies that she has no personal knowledge. 03:40:11.660 --> 03:40:17.100 Sen. Francis "Chiz" G. Escudero: If he knows, counsel, kung alam niyo po yung sagot, Mayor, sagutin niyo po. Pag hindi niyo po alam, sabihin niyo rin po. 03:40:17.340 --> 03:40:31.880 Atty. Theodore Te: Ulitin ko po yung tanong, Mayor. Hindi niyo rin po alam kung bakit ilalagay ni Vice President yung GenCorp sa SAL-N niya ng dalawang taon, dalawang beses. Hindi niyo po alam yun kung bakit. 03:40:32.580 --> 03:40:33.110 Mayor Sebastian “Baste” Z. Duterte: No. 03:40:33.110 --> 03:40:35.000 Atty. Theodore Te: Yes. Okay. So no. The answer is no. 03:40:36.300 --> 03:41:09.820 Atty. Theodore Te: Kanina po, dun sa tanong ni Attorney Justin tungkol po dun sa kadahilanan kung bakit kailangan i-delegate yung signing authority at dun din po sa sagot niyo kay Senator Judge Alan Cayetano tungkol dun sa trabaho po ng mayor. Sabi po ninyo kaya kailangan i-delegate yung ibang bagay, katulad ng signing ng award, dahil napakadaming trabaho ng mayor. Tama po, ano? 03:41:09.860 --> 03:41:10.020 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:41:10.180 --> 03:41:10.480 Atty. Theodore Te: Opo. 03:41:11.000 --> 03:41:23.200 Atty. Theodore Te: At parang naalala ko po, sinabi niyo, mauubos yung oras niyo sa kakapirma lamang ng dokumento at wala nang ibang oras para sa ibang trabaho ng mayor. Kung yun lang po ang... 03:41:33.850 --> 03:41:35.050 Atty. Theodore Te: Parang overview po. 03:41:37.030 --> 03:41:41.850 Atty. Theodore Te: Ilang oras po kayo sa isang average na araw? Ilang oras po kayo sa City Hall? 03:41:42.750 --> 03:41:43.490 Mayor Sebastian “Baste” Z. Duterte: City Hall? 03:41:43.690 --> 03:41:45.430 Atty. Theodore Te: Opo, City Hall. Sa office po ninyo? 03:41:45.430 --> 03:41:45.590 Mayor Sebastian “Baste” Z. Duterte: If I 03:41:45.590 --> 03:41:54.710 Mayor Sebastian “Baste” Z. Duterte: go into the City Hall, if I go into the office, probably maybe 3 to 4 hours. But most of the time, I'm spending my time parang guys. 03:41:55.010 --> 03:41:55.330 Mayor Sebastian “Baste” Z. Duterte: Yeah. 03:41:55.330 --> 03:41:55.650 Atty. Theodore Te: Opo, opo. 03:41:55.650 --> 03:41:59.020 Atty. Theodore Te: So, 3 to 4 hours in your office at City Hall? 03:41:59.020 --> 03:41:59.410 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:41:59.410 --> 03:42:05.560 Atty. Theodore Te: Opo. And in the 3 to 4 hours that you spend in the... Office, you were not signing documents. 03:42:05.980 --> 03:42:06.400 Mayor Sebastian “Baste” Z. Duterte: No. 03:42:06.680 --> 03:42:08.240 Atty. Theodore Te: No, because you've delegated that. 03:42:08.240 --> 03:42:08.360 Mayor Sebastian “Baste” Z. Duterte: Maybe 03:42:08.360 --> 03:42:09.860 Mayor Sebastian “Baste” Z. Duterte: a couple of documents. 03:42:09.980 --> 03:42:13.820 Atty. Theodore Te: A couple of documents na hindi nyo pa dine-delegate. 03:42:13.820 --> 03:42:14.500 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:42:14.500 --> 03:42:19.140 Atty. Theodore Te: At doon po sa 3 to 4 hours na yun, ano pa po yung ginagawa ninyo? 03:42:19.320 --> 03:42:28.380 Atty. Justin Nicol B. Gular: Your Honor, objection may we ask the relevance of this line of questioning? The witness is not the one on trial right now, Your Honor. We don't see the relevance of this line of questioning. 03:42:28.380 --> 03:42:30.420 Sen. Francis "Chiz" G. Escudero: Go to your point, Attorney Ted. 03:42:30.600 --> 03:42:31.990 Atty. Theodore Te: Thank you. I will 03:42:31.990 --> 03:42:32.830 Atty. Theodore Te: move on yun. 03:42:35.520 --> 03:43:14.260 Atty. Theodore Te: In response, Mr. Mayor, dun po sa katanungan ni Senator-Judge Rafi Tulfo kanina tungkol po dun sa five years ano, naalala niyo po yan? Sabi niyo kanina na baka pinalitan ng BAC yung ano. At to be fair sa inyo, Mayor, Hindi kayo sigurado. Sabi niyo baka pinalitan. Tama po, no? Kung kaya wala naman po kayong mabibigay na katibayan na pinalitan nga ng BAC yung requirement. 03:43:14.580 --> 03:43:16.620 Mayor Sebastian “Baste” Z. Duterte: Yes, I can check that for you if you 03:43:16.620 --> 03:43:17.430 Mayor Sebastian “Baste” Z. Duterte: need it. 03:43:17.430 --> 03:43:20.060 Atty. Theodore Te: But right now, hindi niyo alam kung talagang pinalitan. 03:43:20.260 --> 03:43:21.040 Mayor Sebastian “Baste” Z. Duterte: I cannot confirm. 03:43:21.300 --> 03:43:22.440 Atty. Theodore Te: Okay, you cannot confirm that. 03:43:22.560 --> 03:43:22.920 Atty. Theodore Te: Salamat po. 03:43:40.090 --> 03:43:41.610 Atty. Theodore Te: That will be all, Your Honor, and redirect. 03:43:41.610 --> 03:43:42.150 Sen. Francis "Chiz" G. Escudero: Thank you. Any 03:43:42.150 --> 03:43:42.680 Sen. Francis "Chiz" G. Escudero: recross? 03:43:42.680 --> 03:43:43.840 Atty. Justin Nicol B. Gular: Short recross, Your Honor. 03:43:43.840 --> 03:43:44.410 Sen. Francis "Chiz" G. Escudero: You may proceed, 03:43:44.470 --> 03:43:45.540 Sen. Francis "Chiz" G. Escudero: counsel, when you're ready. 03:43:45.540 --> 03:43:46.250 Atty. Justin Nicol B. Gular: Tinanong 03:43:46.250 --> 03:43:53.930 Atty. Justin Nicol B. Gular: po kayo ni Atty. Te na tungkol sa answer mo na baka pinalitan ng BAC. Naalala nyo yun? 03:43:53.930 --> 03:43:54.590 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:43:54.590 --> 03:43:58.530 Atty. Justin Nicol B. Gular: You would agree with me, Mayor, na ang tamang taong tanungin 03:43:58.530 --> 03:43:58.870 Atty. Justin Nicol B. Gular: ay mga 03:43:58.870 --> 03:43:59.070 Atty. Justin Nicol B. Gular: tao 03:43:59.070 --> 03:43:59.990 Atty. Justin Nicol B. Gular: sa BAC, tama po ba? 03:43:59.990 --> 03:44:02.900 Mayor Sebastian “Baste” Z. Duterte: I suggested that to Atty. Te. 03:44:02.900 --> 03:44:03.190 Atty. Justin Nicol B. Gular: No 03:44:03.190 --> 03:44:04.110 Atty. Justin Nicol B. Gular: further questions, Your Honor. 03:44:05.280 --> 03:44:12.270 Sen. Francis "Chiz" G. Escudero: First to register his desire to make interjections would be our Senate President, Sen. 03:44:14.090 --> 03:44:20.170 Sen. Francis "Chiz" G. Escudero: Gatchel Yan. You have two minutes, sir. You may proceed when you're ready. Thereafter, Sen. Lacson. Thereafter, the 03:44:24.200 --> 03:44:25.100 Sen. Francis "Chiz" G. Escudero: Senate President may proceed. 03:44:25.100 --> 03:44:26.700 Sen. Sherwin T. Gatchalian: Thank you, Mr. Deciding Officer. 03:44:27.320 --> 03:44:37.960 Sen. Sherwin T. Gatchalian: Magandang hapon, Mayor Duterte. Good afternoon. Meron lang akong mga katanungan. Nung nakita ko kasi sa mga presentation, may mga 03:44:37.960 --> 03:44:43.380 Sen. Sherwin T. Gatchalian: kontrata ang Davao LGU with GenCorp, 15, tapos klinarify nyo 19, 03:44:44.920 --> 03:44:56.260 Sen. Sherwin T. Gatchalian: Hindi niyo ba natanong kay Atty. Domingo bakit ang daming kontrata ang GenCorp sa LGU na sunod-sunod from 2022 all the way to 2026? 03:44:56.260 --> 03:44:56.820 Mayor Sebastian “Baste” Z. Duterte: I 03:44:56.820 --> 03:45:05.280 Mayor Sebastian “Baste” Z. Duterte: do not know. He's behind me but 19 in a span of 5 years is tingin ko hindi ganun karami. 03:45:06.920 --> 03:45:08.200 Mayor Sebastian “Baste” Z. Duterte: In the total volume. 03:45:08.730 --> 03:45:15.590 Sen. Sherwin T. Gatchalian: Pero hindi nyo tinanong bakit ito parating nananalo sa dami ng caterer sa isang lugar? 03:45:16.130 --> 03:45:28.970 Mayor Sebastian “Baste” Z. Duterte: No, we discussed this because I had to clarify this with Atty. Domingo. And his answer was simply because they were the most qualified and they complied with all the requirements. 03:45:29.550 --> 03:45:42.580 Sen. Sherwin T. Gatchalian: Kasi normally sa LGU, sa amin sa Valenzuela, daming caterer. Pag nagpapa-open kami, daming sumasali talaga. Kaya gusto kong malaman, natanong nyo ba sa kanya bakit ito parating nananalo si GenCorp? 03:45:42.960 --> 03:45:45.660 Mayor Sebastian “Baste” Z. Duterte: I have already given you the answer. 03:45:46.960 --> 03:45:50.800 Sen. Sherwin T. Gatchalian: Natanong nyo ba sa kanya bakit parating loan bidder si GenCorp? 03:45:51.660 --> 03:45:53.120 Mayor Sebastian “Baste” Z. Duterte: Hindi naman po parating. 03:45:54.080 --> 03:45:58.100 Sen. Sherwin T. Gatchalian: How many times? How many times silang? 03:45:58.220 --> 03:45:58.340 Mayor Sebastian “Baste” Z. Duterte: Maybe four 03:45:58.340 --> 03:46:00.340 Mayor Sebastian “Baste” Z. Duterte: times. 03:46:00.340 --> 03:46:04.480 Sen. Sherwin T. Gatchalian: Maybe four times na loan bidder siya. And then nahingi nyo ba kay... 03:46:06.940 --> 03:46:34.760 Sen. Sherwin T. Gatchalian: Atty. Domingo, since na-delegate niyo sa kanya yung signing authority ninyo, yung abstract of quotations para makita niyo kung sino-sino yung mga nagbibid, magkano yung nagbibid, magkano yung discrepancy para malaman rin na talagang nananalo ito at mayroon naman siyang reason kaya siya nagiging loan bidder. 03:46:36.600 --> 03:46:46.180 Sen. Sherwin T. Gatchalian: Itong 19 contracts na inaward ng WLGU, typically meron niyang abstract of quotation para makita niyo kung sino-sino yung mga sumasali. 03:46:46.720 --> 03:46:48.470 Sen. Sherwin T. Gatchalian: Hiningi niyo ba sa kanya? Tinignan niyo? 03:46:48.470 --> 03:47:04.830 Mayor Sebastian “Baste” Z. Duterte: Hindi ko na tinignan. Sinabi, ang tinanong ko lang naman kung tama ba yung proseso na pinagdaanan, may problema ba, may bawal, may binaypas ba na law or whatever na process. Sinabi na namang wala, qualified naman, and tama, and all under the law, then that's it. 03:47:05.000 --> 03:47:21.220 Sen. Sherwin T. Gatchalian: Okay. Na-present rin ho dito yung mga information tungkol GenCorp. Nakausap nyo ba anyone from GenCorp? The shareholders, the stockholders, the officers? 03:47:21.220 --> 03:47:21.760 Mayor Sebastian “Baste” Z. Duterte: No, Your Honor. 03:47:22.000 --> 03:47:30.700 Sen. Sherwin T. Gatchalian: Wala kayong nakausap na. Narinig ko kanina sa prosecution na meron kayong business relationship with Jaime Cruz. 03:47:30.700 --> 03:47:31.420 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:47:34.750 --> 03:47:37.900 Sen. Sherwin T. Gatchalian: Na isa rin siya sa mga stockholders? 03:47:37.900 --> 03:47:38.630 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:47:38.630 --> 03:47:40.120 Sen. Sherwin T. Gatchalian: Nakausap niya ho siya? 03:47:40.120 --> 03:47:43.440 Mayor Sebastian “Baste” Z. Duterte: Regarding GenCorp? No. 03:47:43.440 --> 03:47:45.280 Sen. Sherwin T. Gatchalian: Hindi niya siya nakausap? 03:47:45.280 --> 03:47:45.390 Mayor Sebastian “Baste” Z. Duterte: No. 03:47:45.390 --> 03:47:49.620 Sen. Sherwin T. Gatchalian: Pero meron kayong business relationship with them in another company? 03:47:49.620 --> 03:47:49.970 Mayor Sebastian “Baste” Z. Duterte: With the 03:47:49.970 --> 03:47:50.690 Mayor Sebastian “Baste” Z. Duterte: individual, yes. 03:47:52.040 --> 03:47:53.480 Sen. Sherwin T. Gatchalian: Thank you, Mr. Presiding Officer. 03:47:53.820 --> 03:48:06.870 Sen. Francis "Chiz" G. Escudero: Thank you. With the indulgence of Senator-Judge Lacson, according to Annika, Senator-Judge Ontiveros signified first. Senator-Judge Ontiveros is recognized. You may proceed with your interjection, ma'am, and you have two minutes. 03:48:11.580 --> 03:48:14.640 Sen. Risa Hontiveros: Salamat, Mr. Presiding Officer. Mahing hapon, Mayor. 03:48:15.000 --> 03:48:15.320 Mayor Sebastian “Baste” Z. Duterte: Mahing hapon. 03:48:16.840 --> 03:48:19.500 Sen. Risa Hontiveros: So, Mayor, bilang 03:48:21.130 --> 03:48:32.010 Sen. Risa Hontiveros: Mayor, kayo po yung nag-aproba ng mga kontratang in-award ng Davao City sa GenCorp na lampas 30 million pesos. Tama po ba yun? 03:48:32.450 --> 03:48:34.670 Mayor Sebastian “Baste” Z. Duterte: Through my representative, Your Honor. 03:48:34.670 --> 03:48:35.090 Sen. Risa Hontiveros: Thank you. 03:48:35.190 --> 03:48:48.540 Sen. Risa Hontiveros: Through your representative po. Pero siyempre, kung walang approval ninyo or kung walang authorization ninyo bilang mayor, hindi po ma-award sa GenCorp yung 90 na kontrata ngayon po. 03:48:48.600 --> 03:48:48.730 Mayor Sebastian “Baste” Z. Duterte: Correct. 03:48:48.730 --> 03:48:49.140 Sen. Risa Hontiveros: Alright, 03:48:49.300 --> 03:48:49.820 Sen. Risa Hontiveros: salamat. 03:48:52.300 --> 03:49:04.350 Sen. Risa Hontiveros: So, kanina pa na pag-uusapan, 15 out of the 19 na kontrata na in-award ng Davao City Government sa GenCorp ay hindi dumaan sa public bidding. Tama po ba? 03:49:04.750 --> 03:49:06.350 Mayor Sebastian “Baste” Z. Duterte: I don't think it's 15. 03:49:06.920 --> 03:49:11.650 Sen. Risa Hontiveros: So, or ilan po ang dumaan sa public bidding? 03:49:11.650 --> 03:49:12.020 Mayor Sebastian “Baste” Z. Duterte: I 03:49:12.020 --> 03:49:13.880 Mayor Sebastian “Baste” Z. Duterte: think there were only four that went 03:49:15.260 --> 03:49:19.400 Mayor Sebastian “Baste” Z. Duterte: through public bidding. 03:49:19.720 --> 03:49:20.540 Mayor Sebastian “Baste” Z. Duterte: No, no, no. 03:49:20.780 --> 03:49:21.460 Mayor Sebastian “Baste” Z. Duterte: I think 03:49:21.460 --> 03:49:30.840 Mayor Sebastian “Baste” Z. Duterte: the 15 went through public bidding and four negotiated quotations. 03:49:32.440 --> 03:49:38.080 Sen. Risa Hontiveros: Parang baliktad po yung napag-uusapan kanina, Mayor, na yung karamihan dumaan dun sa small 03:49:40.480 --> 03:49:42.080 Sen. Risa Hontiveros: small value procurement. 03:49:42.640 --> 03:49:43.140 Sen. Risa Hontiveros: Pero 03:49:43.140 --> 03:49:46.520 Sen. Risa Hontiveros: apat. Apat yung dumaan po sa public bidding. 03:49:46.520 --> 03:49:48.680 Mayor Sebastian “Baste” Z. Duterte: If that's what it says, then we'll go with that. 03:49:48.920 --> 03:50:01.660 Sen. Risa Hontiveros: So, we'll go with that po. Doon po sa apat na dumaan sa public bidding, ilan naman po doon ang nangyari na walang... Kalaban. Walang competitor ang GenCorp. 03:50:01.820 --> 03:50:05.800 Mayor Sebastian “Baste” Z. Duterte: I do not have the records right now. I really have to see this. 03:50:06.280 --> 03:50:19.720 Sen. Risa Hontiveros: Although earlier, I recall, sa isang sagot nyo sa prosecution, sabi nyo, apat yung negotiation or yung public bidding, apat yung public bidding na walang kalaban, walang kakumpetensya ang GenCorp. 03:50:21.450 --> 03:50:24.590 Sen. Risa Hontiveros: Umoo kayo dun sa sagot nyo kay prosecutor kanina. 03:50:25.180 --> 03:50:27.520 Mayor Sebastian “Baste” Z. Duterte: We can review the records right 03:50:27.520 --> 03:50:28.680 Mayor Sebastian “Baste” Z. Duterte: now. Just to, you know, 03:50:28.740 --> 03:50:31.930 Mayor Sebastian “Baste” Z. Duterte: like, to give clarity to the discussion, Your Honor. 03:50:32.150 --> 03:50:50.030 Sen. Risa Hontiveros: Sure po. Naalala ko kasi yung malinaw pero yes, we can also review the records. So, if my memory serves me right, dun sa apat lang na dumaan sa public bidding, apat yung lahat ay walang kakumpetensya ang GenCorp. If my memory serves me right. 03:50:50.030 --> 03:50:51.290 Mayor Sebastian “Baste” Z. Duterte: No, I suggest that we 03:50:51.290 --> 03:50:52.230 Mayor Sebastian “Baste” Z. Duterte: review the records. 03:50:52.410 --> 03:50:53.250 Sen. Risa Hontiveros: We will do that, Mayor. 03:50:55.530 --> 03:51:09.570 Sen. Risa Hontiveros: We'll do that. I just heard it just now. Yung sagot nyo sa isang tanong ng prosecutor. But we can review that in the records po. And then, sabi nyo rin po kanina, hindi nyo alam na may business interest si VP Duterte sa GenCorp. 03:51:12.590 --> 03:51:22.000 Sen. Risa Hontiveros: Alam nyo po ba na kapwa stockholders si VP Duterte at si Jaime T. Cruz sa ibang kumpanya naman? 03:51:22.000 --> 03:51:22.800 Mayor Sebastian “Baste” Z. Duterte: Hindi ko alam. 03:51:22.800 --> 03:51:37.160 Sen. Risa Hontiveros: Hindi nyo alam. Si Jaime T. Cruz po ang nagsilbing Special Envoy to China ni dating Presidente Rodrigo Duterte. Siya rin po yung kasosyo ni VP Duterte, tama po ba? 03:51:37.160 --> 03:51:38.410 Mayor Sebastian “Baste” Z. Duterte: Kasosyo? 03:51:38.410 --> 03:51:40.790 Sen. Risa Hontiveros: Kasosyo sa ibang kumpanya. 03:51:40.790 --> 03:51:41.920 Mayor Sebastian “Baste” Z. Duterte: I do not know this. 03:51:41.920 --> 03:51:58.820 Sen. Risa Hontiveros: Although sa SALN nga po ni VP Duterte na pinag-uusapan, diniclare niya na bahagi siya ng GenCorp. At si Jaime T. Cruz ay stockholder sa GenCorp. So you are confirming that or you are acknowledging yung mga sinasabi ko po? 03:51:58.820 --> 03:51:59.330 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:51:59.330 --> 03:52:26.390 Sen. Risa Hontiveros: You are. Salamat po. At ito pong si Jaime T. Cruz, sila po ay nagsilbi sa administrasyon ng inyong ama, may common business interest sa inyong magkakapatid, at lumalabas na contractor din po ng local government unit na pinamumunuan niyo. Given these things, paano niyo po ilalarawan yung relasyon ni Jaime T. Cruz sa pamilya ninyo? 03:52:30.350 --> 03:52:31.770 Mayor Sebastian “Baste” Z. Duterte: Paano ko ilalara? 03:52:31.890 --> 03:52:37.170 Sen. Risa Hontiveros: Yes, paano niyo po i-describe yung relationship ni Jaime T. Cruz sa inyong pamilya? 03:52:37.940 --> 03:52:41.860 Mayor Sebastian “Baste” Z. Duterte: Maybe not entirely the family but he's 03:52:41.860 --> 03:52:44.780 Mayor Sebastian “Baste” Z. Duterte: a friend of my father. He's a known businessman in Davao. 03:52:46.390 --> 03:53:06.250 Sen. Risa Hontiveros: He's a friend of your father and a known businessman in Davao. So friend ng inyong ama, kasosyo din ni VP Duterte, kasosyo din po ninyo sa iba namang kumpanya. So hindi po natin, hindi naman masasabing malayo ang relasyon. Mas masasabi pong malapit ang relasyon sa inyong pamilya. 03:53:06.250 --> 03:53:07.470 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:53:07.470 --> 03:53:35.070 Sen. Risa Hontiveros: And I'm glad to hear a bit more of yung mga sagot niyo Mayor dahil otherwise nakapagtataka po kung naging contractor ng Davao City Government ang kumpanya na may interest din si VP Duterte ayon sa kanyang SALN at itong si Jaime T. Cruz. Kung ang lahat ng naging sagot niya sa akin ay hindi niyo alam. So, dagang salamat, Mayor. Salamat po, Mr. President. 03:53:35.070 --> 03:53:35.450 Sen. Francis "Chiz" G. Escudero: Thank you, 03:53:35.470 --> 03:53:41.760 Sen. Francis "Chiz" G. Escudero: Senator-Judge. Senator-Judge Lacson is recognized for his interjection. You have two minutes, sir. You may proceed when you're ready. 03:53:41.760 --> 03:53:43.730 Sen. Panfilo M. Lacson: Thank you, Mr. Presiding Officer. Good 03:53:43.730 --> 03:54:00.500 Sen. Panfilo M. Lacson: afternoon, Mayor. At any point in time before you came here to testify, were you made aware by your lawyer or any lawyer? About a very famous doctrine, Arias versus Sandigan Bayan. 03:54:00.500 --> 03:54:01.685 Mayor Sebastian “Baste” Z. Duterte: No. 03:54:01.685 --> 03:54:14.410 Sen. Panfilo M. Lacson: Yeah. Na-curious lang ako kasi hindi naman kayo tumatanggi. Tinanong kayo about the contracts, tinanong kayo about yung relationship nyo sa BAC. You never denied anything. 03:54:14.410 --> 03:54:15.050 Mayor Sebastian “Baste” Z. Duterte: Yes. 03:54:15.050 --> 03:54:40.900 Sen. Panfilo M. Lacson: So kaya ko lang po natanong kung familiar. Yung pong Arias doctrine, ito po yung, it lays out the rule. that heads of offices are permitted to rely in good faith on their subordinates for their action, processing, recommendations. Akala ko po na-advisean kayo kaya malakas 03:54:40.900 --> 03:54:46.620 Sen. Panfilo M. Lacson: ang loob nyo na aminin lahat yung mga tinaturno sa inyo ng prosecutor. Maraming salamat po, Mr. Presiding Officer. 03:54:46.900 --> 03:55:04.900 Sen. Francis "Chiz" G. Escudero: Thank you, Senator-Judge Lacson. Senator-Judge Erwin Tulfo. is recognized for his interjections. You have 2 minutes, sir. By the way, for the information of the Senator-Judges, we hope to finish by 2 o'clock. According to the Senate President, he wishes to convene session at 2.30. You may proceed, sir, when you're ready. 03:55:21.060 --> 03:55:21.880 Mayor Sebastian “Baste” Z. Duterte: 50 to 300. 03:55:22.280 --> 03:55:25.140 Sen. Erwin Tulfo: Ano po consisting of ano po yung pinipirmahan ninyo? 03:55:25.140 --> 03:55:25.960 Mayor Sebastian “Baste” Z. Duterte: Sorry? 03:55:25.960 --> 03:55:31.180 Sen. Erwin Tulfo: Ano-ano pong klase? Is it payroll, mga supplies? 03:55:32.100 --> 03:55:36.740 Mayor Sebastian “Baste” Z. Duterte: Payroll, contracts, ordinances, 03:55:37.480 --> 03:55:45.580 Sen. Erwin Tulfo: marami po. So hindi nyo na po nababa sa lahat, tinitignan nyo lang po saglit. Kasi ako may tendency po ako na gano'n 03:55:45.580 --> 03:55:56.870 Sen. Erwin Tulfo: pag pinipirma po ako, tinitignan ko na lang, tiwala na lang po ako doon sa... Tatanungin ko nalang yung legal namin. Ano ba ito? Tatanungin ko ang aking chief of staff. Ano ba ito? Ipapaliwanag. Ganun din ho ba kayo? May 03:55:56.870 --> 03:56:04.470 Mayor Sebastian “Baste” Z. Duterte: countersign po na dumaan na sa city administrator na na-check na. So, pinipirmahan ko. 03:56:04.810 --> 03:56:07.850 Sen. Erwin Tulfo: So pagkatapos po dahil nakita niyo na po na pinirmahan. Ibig 03:56:07.850 --> 03:56:08.230 Sen. Erwin Tulfo: sabihin 03:56:08.230 --> 03:56:11.390 Sen. Erwin Tulfo: kung may problema, dapat hindi na nakalusot sa kanila, di po ba? 03:56:11.550 --> 03:56:12.730 Mayor Sebastian “Baste” Z. Duterte: Yes, sir. Yes, Your Honor. 03:56:12.890 --> 03:56:19.190 Sen. Erwin Tulfo: So lumalabas po, Mayor, na wala po talagang, ang pinaka-protokolo, standard procedure na sinusunod mo 03:56:19.190 --> 03:56:26.810 Sen. Erwin Tulfo: dahil nakita mo nakakabit na yung pirma ng city admin mo o chief of staff mo o sino ba yun o abogado niyo. So pipirmahan mo na rin? 03:56:26.950 --> 03:56:27.630 Mayor Sebastian “Baste” Z. Duterte: Yes, Your Honor. 03:56:27.870 --> 03:56:28.310 Sen. Erwin Tulfo: Okay. 03:56:30.630 --> 03:56:58.490 Sen. Erwin Tulfo: Ngayon sir, mukhang ngayon nyo lang nalaman itong Gen Corp. Sabi nyo kanina ay hindi nyo talaga wala kayo idea na ito po ay sa kapatid ho ninyo. Siguro, suggestion ko lang, manifestation ko lamang, Mr. Presiding Officer at Mr. Witness, siguro pagbalik ho ninyong dabaw, kailangan nyo patawag inyong chief of staff dahil sa kanyang kakulangan sa ikang kaalaman o pag-iimbestiga, e sasabit po kayo. 03:57:19.410 --> 03:57:20.090 Mayor Sebastian “Baste” Z. Duterte: If 03:57:20.090 --> 03:57:26.270 Mayor Sebastian “Baste” Z. Duterte: there is a breach in law or pagka may problema, then of course. 03:57:26.840 --> 03:57:28.770 Sen. Erwin Tulfo: Now, do you see there's a breach in law, sir? 03:57:28.770 --> 03:57:29.420 Mayor Sebastian “Baste” Z. Duterte: I do not know. 03:57:29.900 --> 03:57:30.080 Sen. Erwin Tulfo: You 03:57:30.080 --> 03:57:30.660 Sen. Erwin Tulfo: don't know yet? 03:57:30.660 --> 03:57:32.120 Mayor Sebastian “Baste” Z. Duterte: This court has to decide. 03:57:32.440 --> 03:57:34.460 Sen. Erwin Tulfo: Pero will you look into it? 03:57:35.660 --> 03:57:39.040 Mayor Sebastian “Baste” Z. Duterte: I cannot say. It's up to the courts. 03:57:40.020 --> 03:57:49.780 Sen. Erwin Tulfo: Kayo po, sir. I mean, on your own effort, will you look into this or will you ask your city administrator anong nangyari? 03:57:50.220 --> 03:57:58.830 Mayor Sebastian “Baste” Z. Duterte: Well, as long as my sister's name, the vice president's name was not on the contract, then... There's nothing. 03:57:59.680 --> 03:58:02.160 Sen. Erwin Tulfo: Maraming salamat po, Mr. Witness. Thank you, Presiding 03:58:02.390 --> 03:58:16.810 Sen. Erwin Tulfo: Officer. 03:58:28.610 --> 03:58:53.820 Sen. Christopher Bong Go: Just a follow-up also to what Senator Erwin Tulfo said. Yung chief of staff ni Mayor Bastien nandyan sa likod kaya tumawag kanina. Just a follow-up to what Senator Allan said. Maraming papeles ang pinipirmahan ng Mayor at di niya kayang isa-isahin yan. Imposible. 03:58:55.740 --> 03:59:49.320 Sen. Christopher Bong Go: Kaya merong executive order para i-delegate na sa administrator or assistant city administrator. Hindi po on trial si Mayor Bastet dito. Witness po ako sa trabaho sa City Hall. Ang laki po ng Davao City. Napakaraming pinipirmahan ng isang mayor. Hindi na niya kayang isa-isahin yan. Kaya may necessary delegation po talaga. May BAC na dinadaanan bago pa umabot sa local chief executive para tingnan kung in-order ho ba lahat ng Papeles. At sa maalala ko lang po, hindi po kami nagkasabay ni Mayor Baste sa City Hall, naalala ko lang po ang parating sinasabi ni former President at former Mayor noon. At ang bili niya parati sa lahat ng empleyado ng City Hall noon, just do what is legal and just do what is right. Hindi ka magkakamali. Yun lang po, Mr. Presiding Officer. Salamat po. 03:59:49.980 --> 03:59:55.970 Sen. Francis "Chiz" G. Escudero: Senator-Judge Kiko, pangalinan. is recognized. You may proceed sir when you're ready. You have two minutes. 04:00:00.750 --> 04:00:02.750 Sen. Francis “Kiko” Pangilinan: Thank you, Mr. Presiding Officer. Maayong hapon mayor. 04:00:02.750 --> 04:00:04.750 Mayor Sebastian “Baste” Z. Duterte: Maayong hapon, Your Honor. 04:00:06.660 --> 04:00:29.200 Sen. Francis Pangilinan: Kanina nabanggit po ninyo na you have to check kung yung five years operational requirement ay minodify ba yung requirement. Kasi kung minodify at iniklian, most likely hindi na required yung five years. 04:00:32.060 --> 04:00:32.620 Sen. Francis Pangilinan: Pero 04:00:32.620 --> 04:01:03.710 Sen. Francis Pangilinan: hindi natin alam kung na-modify ba o hindi. So hindi rin natin alam kung may violation o hindi. At least based on the testimony. Doon sa usapin ng isa pang requirement, yung the supplier bidder must have at least five store outlets in Davao City. Ang tanong ko, yung gen, would you know? If you know. Yung Gencor ba? May five store outlets? 04:01:03.710 --> 04:01:05.320 Mayor Sebastian “Baste” Z. Duterte: I do not know. 04:01:05.320 --> 04:01:06.130 Sen. Francis Pangilinan: You would not know, no? 04:01:06.330 --> 04:01:06.730 Sen. Francis Pangilinan: So 04:01:06.730 --> 04:01:28.540 Sen. Francis Pangilinan: you also would not know kung mga franchise ng Jollibee o ng Chowking ang mag-supply, if at all, no? Nung requirements nung city. Your Honor, we can go back to Davao City and provide you with everything. So we can check that. Yes, we 04:01:28.540 --> 04:01:29.080 Mayor Sebastian “Baste” Z. Duterte: can check that. 04:01:29.260 --> 04:02:22.220 Sen. Francis Pangilinan: If they have five store outlets, ano yung mga outlets na yun? At ano yung sinupply na pagkain? Kasi yun nga, merong food catering services, May 15, food catering services, December 2. Food Catering Services, August 8. Then we will find out kung compliant din ba sila number one dun sa they have five stores. Maybe it's also interesting to know ano yung five stores na ito ng GenCorp. But of course, because nga nabanggit nyo, hindi rin nyo alam ngayon yung detaily na ito. But thank you for your Being candid, Mayor, and salamat. 04:02:22.220 --> 04:02:23.410 Mayor Sebastian “Baste” Z. Duterte: You're welcome, Your Honor. 04:02:23.410 --> 04:02:24.700 Sen. Francis "Chiz" G. Escudero: No other questions? Thank 04:02:24.700 --> 04:02:31.920 Sen. Francis "Chiz" G. Escudero: you. Finally, Senator-Judge JV. I think we'll make our 2 o'clock time frame. 04:02:32.380 --> 04:02:33.860 Sen. Francis "Chiz" G. Escudero: You may proceed, sir, when you're ready. 04:02:33.860 --> 04:02:35.030 Sen. Joseph Victor "JV" G. Ejercito: Maayong hapon, Mayor. 04:02:35.030 --> 04:02:36.210 Mayor Sebastian “Baste” Z. Duterte: Maayong hapon, Your Honor. 04:02:36.210 --> 04:02:53.930 Sen. Joseph Victor "JV" G. Ejercito: Anyway, siguro kung meron mang nakakaintindi sa trabaho ng pagiging Mayor, kami po ni former, ni Senate President, Win Gatchalian. Alam naman namin ha, isang linggo ka lang mawala sa opisina. Gabundok na talaga yung iiwanan mong pipirmahan. 04:02:53.930 --> 04:02:55.415 Mayor Sebastian “Baste” Z. Duterte: Tama, tama po. 04:02:55.415 --> 04:03:12.290 Sen. Joseph Victor "JV" G. Ejercito: Kaya nga po, sa inyong pag-delegate sa inyong administrator, assistant administrator si Atty. Domingo, siya po ang inyong pinagkatiwalaan at inaasahan nyo na siya ay kikilos in good faith. Tama po ba? 04:03:12.290 --> 04:03:12.840 Mayor Sebastian “Baste” Z. Duterte: Yes, Your 04:03:12.840 --> 04:03:13.000 Mayor Sebastian “Baste” Z. Duterte: Honor. 04:03:14.200 --> 04:03:35.730 Sen. Joseph Victor "JV" G. Ejercito: Kanina po ay natanong na sa inyo, Kung si Vice President Sara Duterte ay tumawag sa inyo o nabanggit sa inyo ang tungkol sa GenCorp at sinabi niyong wala pong pagkakataon na siya po'y pinakiusap tungkol sa GenCorp, tama ho ba? 04:03:36.310 --> 04:03:36.950 Sen. Joseph Victor "JV" G. Ejercito: Ang 04:03:36.950 --> 04:03:51.310 Sen. Joseph Victor "JV" G. Ejercito: tanong ko lang po ay meron po ba sa... Sa City Hall na empleyado, ang inyong administrator na pinagkakatiwalaan, na nagsabi man lang sa inyo o nagbigay na background na ang GenCorp ay may kinalaman po sa inyong kapatid? 04:03:51.960 --> 04:03:52.960 Mayor Sebastian “Baste” Z. Duterte: Wala. Wala 04:03:52.960 --> 04:03:53.240 Mayor Sebastian “Baste” Z. Duterte: po, 04:03:53.280 --> 04:03:53.620 Mayor Sebastian “Baste” Z. Duterte: Your Honor. 04:03:55.720 --> 04:04:09.780 Sen. Joseph Victor "JV" G. Ejercito: Doon po sa nabanggit kanina ni Senator Lacson yung po sa Arias versus ang Digan Bayan Doctrine na paliwanag kanina, pero meron pong exception doon. Mayor, sa tagal pong supplier ng Davao City, ang katanungan ko lang ho ay 04:04:09.780 --> 04:04:29.160 Sen. Joseph Victor "JV" G. Ejercito: ng GenCorp, may pagkakataon ba may lumapit sa inyo o nagbigay ng tip na may irregularidad o mayroong transaksyon na, o kahit anonymous tip na nagsasabing dapat i-question ang mga transaksyon ng GenCorp sa city government? 04:04:29.560 --> 04:04:30.760 Mayor Sebastian “Baste” Z. Duterte: Wala po, Your Honor. 04:04:32.590 --> 04:04:35.390 Sen. Joseph Victor "JV" G. Ejercito: Thank you. 04:04:36.090 --> 04:04:45.050 Sen. Francis "Chiz" G. Escudero: Given that Yes, Senator-Judge Villanueva is recognized for his interjection. We still have three minutes anyway. 04:04:45.050 --> 04:04:45.680 Sen. Joel Villanueva: Thank 04:04:45.680 --> 04:05:07.200 Sen. Joel Villanueva: you, Mr. President, Mr. Presiding Officer. I just got a text message from my brothers, the Mayor of Bukawe, Bulacan, also the League President ng Bulacan Mayor's League. Nakaka-sabi po niya sa akin, importante na inform natin yung public ano yung trabaho ng Mayor and I'm glad that Senator Lacson na 04:05:07.200 --> 04:05:29.270 Sen. Joel Villanueva: raised the issue of Arias Doctrine. so as Sen. JV Ejercito which states that office heads do not need to inspect every single detail or document of a transaction from start to finish. They can trust subordinates who prepare bids, check supplies, or negotiate contracts. 04:05:30.000 --> 04:05:31.660 Sen. Joel Villanueva: Isa lang naman yung itatanong ko, 04:05:31.660 --> 04:05:34.520 Sen. Joel Villanueva: Mayor Baste, good afternoon, maayong hapon. 04:05:34.520 --> 04:05:34.860 Mayor Sebastian “Baste” Z. Duterte: Maayong hapon, Your Honor. 04:05:34.860 --> 04:05:49.690 Sen. Joel Villanueva: Everyday na being a mayor, ilan po yung estimate na pinipirmahan nyo everyday? Or kung kaya nyo rin pong sabihin o i-estimate, in a week's time, gaano kadami yung pinipirmahan nyo pong dokumento? 04:05:50.270 --> 04:05:56.010 Mayor Sebastian “Baste” Z. Duterte: Around, it could go from a range to 50 to 300 kaya. 04:05:56.760 --> 04:05:58.280 Sen. Erwin Tulfo: 50 to 300? 04:05:58.280 --> 04:05:58.860 Mayor Sebastian “Baste” Z. Duterte: Yes. 04:05:58.860 --> 04:05:59.800 Sen. Erwin Tulfo: In a day po yan? 04:06:00.060 --> 04:06:04.120 Mayor Sebastian “Baste” Z. Duterte: Yes, depende po. Kasi minsan may dumadating na in bulk. 04:06:06.290 --> 04:06:09.810 Mayor Sebastian “Baste” Z. Duterte: contracts, job orders, marami yun. 04:06:09.990 --> 04:06:16.620 Sen. Joel Villanueva: So that's about 2,500, 3,000 a week ang pinipiraman niya po. That's a 04:06:16.620 --> 04:06:51.510 Sen. Joel Villanueva: correct estimate. It's just that Mr. President, Mr. Presiding Officer, I really think na kahit nung binabanggit sa atin yung pag-imbita kay Mayor Baste, I'm not really interested of having him here. But at the same time, nandito na kayo. Maraming salamat sa inyong pagpunta. Higit sa lahat sa inyong respeto dito sa ating impeachment court. And I hope, Mr. Presiding Officer, President, we can dispense him after today dahil nakita natin maraming trabaho ang mga mayors. Salamat po. 04:06:51.510 --> 04:06:52.010 Mayor Sebastian “Baste” Z. Duterte: Thank 04:06:52.010 --> 04:06:53.890 Mayor Sebastian “Baste” Z. Duterte: you. Thank you, Your Honor. 04:06:55.050 --> 04:07:12.440 Sen. Francis "Chiz" G. Escudero: Thank you, Senator-Judge Villanueva. There being no other Senator-Judges who wishes to make interjections, Mayor Duterte, maraming salamat po sa inyong panahon, pasensya, pagsagot sa mga katanungan at sa pagdalo dito sa pagdinig ng hukumang ito. Dagang salamat, Mayor. 04:07:12.440 --> 04:07:14.100 Mayor Sebastian “Baste” Z. Duterte: You're welcome, Your Honor. 04:07:14.100 --> 04:07:15.040 Sen. Francis "Chiz" G. Escudero: You are excused, sir. 04:07:15.600 --> 04:07:22.780 Atty. Theodore Te: Thank you. Your Honor, may I be allowed a few seconds just to make a manifestation as to marking, Your Honor? 04:07:22.980 --> 04:07:24.470 Sen. Francis "Chiz" G. Escudero: Yes, you may proceed, Attorney Ted. 04:07:24.470 --> 04:07:26.000 Atty. Theodore Te: Yes, Your Honor. We'd like to manifest 04:07:26.000 --> 04:07:43.050 Atty. Theodore Te: for the record that we are... Asking for the marking of the document submitted by the witness, Mayor Duterte, as prosecution exhibit P-Roman 2-6 and series, Your Honor, which you can mark afterwards, Your Honor. But we're just manifesting it for the 04:07:43.050 --> 04:07:43.110 Atty. Theodore Te: record. 04:07:43.110 --> 04:07:54.330 Sen. Francis "Chiz" G. Escudero: I guess the same is true for the respondent, as the case may be. Attorney Sheila? I guess that would be the same for the respondent, should he decide to make markings at the appropriate time as well. 04:07:54.570 --> 04:07:55.230 Atty. Sheila C. Sison: Yes, Your Honor. 04:07:57.570 --> 04:08:03.990 Sen. Francis "Chiz" G. Escudero: To confirm, Honorable Ridon, we will be having Attorney Baldonado and Attorney Pineda tomorrow? 04:08:05.230 --> 04:08:06.650 Rep. Terry L. Ridon: Tama po yun, Your Honor. 04:08:08.830 --> 04:08:12.070 Sen. Francis "Chiz" G. Escudero: Since it's only half day, I guess these two witnesses would suffice for tomorrow. 04:08:12.450 --> 04:08:15.010 Rep. Terry L. Ridon: Ganun pa man, meron pong dagdag na testigo. 04:08:15.070 --> 04:08:18.510 Sen. Francis "Chiz" G. Escudero: Yes, because we have two whole days on Thursday and Friday. You 04:08:18.510 --> 04:08:19.610 Sen. Francis "Chiz" G. Escudero: have 04:08:19.610 --> 04:08:24.870 Sen. Francis "Chiz" G. Escudero: an extra witness, Attorney Ronel Buenaventura of AMLAC. Who else do you want to have? 04:08:25.300 --> 04:08:33.300 Rep. Terry L. Ridon: Well, former Senator Sonny Trillanes, Antonio Trillanes IV, is being submitted as that additional witness. 04:08:33.320 --> 04:08:35.020 Sen. Francis "Chiz" G. Escudero: Who else after Buenaventura? 04:08:35.680 --> 04:08:44.480 Rep. Terry L. Ridon: Well, we are proposing that he will be subjected to examination first before the LRA witnesses, Your Honor. 04:08:44.740 --> 04:08:46.440 Sen. Francis "Chiz" G. Escudero: Before the LRA witnesses? 04:08:46.840 --> 04:08:50.160 Rep. Terry L. Ridon: He will be presented tomorrow as the first witness. 04:09:00.400 --> 04:09:01.140 Atty. Sheila C. Sison: Your Honor. 04:09:02.280 --> 04:09:03.880 Sen. Francis "Chiz" G. Escudero: Yes, before I make a ruling. 04:09:04.820 --> 04:09:44.060 Atty. Sheila C. Sison: We just clarify, so this means now that this would be the second time that the prosecution is changing the order of its presentation of the witnesses just for this week because just yesterday, they also changed the order of their presentation by disclosing that it would be the AMLC and then suddenly again today, the notice For less than 24 hours before the presentation of the former Senator Trillanes is just made today. So this would be the second occasion that the prosecution would do this sudden change. 04:09:45.070 --> 04:09:46.150 Rep. Terry L. Ridon: I don't think it's 04:09:46.150 --> 04:10:04.410 Rep. Terry L. Ridon: a sudden change, Your Honor, because Mr. Trillanes has been submitted as a part of the manifestation last Thursday. So it is something that is not a surprise. They are informed that Mr. Trillanes will in fact or may be presented as a witness for the prosecution, Your Honor. 04:10:04.610 --> 04:10:39.550 Atty. Sheila C. Sison: Well, it is a sudden change because a change did not come from the defense. It came from the prosecution. They were the ones who manifested yesterday that Attorney Bonaventura of the MLC will be first presented. In fact, in the list of the three witnesses that they disclosed yesterday, It does not include the name of the former Senator Trillanes. And I understand the point of the gentleman that nonetheless the former senator was disclosed in the request for subpoena in the manifestation. 04:10:40.600 --> 04:10:59.540 Atty. Sheila C. Sison: But again, part of the meaningful opportunity for the defense to be apprised of the order of improper disclosures from the prosecution is the order of the presentation of their witness, Your Honor. It cannot be just changed at, what, less than 24 hours. 04:11:01.370 --> 04:11:02.930 Sen. Francis "Chiz" G. Escudero: Alami, counsels. 04:11:05.270 --> 04:11:34.630 Sen. Francis "Chiz" G. Escudero: Honorable Ridon, the Chair's problem with issuing that subpoena today for tomorrow is In your own motion, you mentioned that former Senator Trillanes will be testifying pertaining to person sources identified in the evidence presented before the impeachment court in relation to funds and bank accounts. No such bank accounts as of yet have been presented by the prosecution. 04:11:36.390 --> 04:11:54.630 Sen. Francis "Chiz" G. Escudero: So my understanding is, if at all, He will be presented or should be presented after AMLC at the very least or after any of the bank accounts shall have been presented, none of which has been done before this impeachment court. That is contained in your own motion, counsel. 04:11:54.990 --> 04:12:04.470 Rep. Terry L. Ridon: Well, that is correct, Your Honor, but I don't think he will speak only about the bank accounts. He will speak about other matters relating to it, Your Honor. 04:12:05.080 --> 04:12:11.880 Sen. Francis "Chiz" G. Escudero: Again, again, again, Honorable Ridon, without interfering with your discretion. 04:12:13.820 --> 04:12:40.580 Sen. Francis "Chiz" G. Escudero: Anyway, most likely, we have two whole days, Thursday, Friday. We will reach Attorney, rather, former Senator Trillanes, but it can come after your third witness, AMLAC, after the two Register of Deeds witnesses, after the MLC. Thereafter, Senator Trillanes. That would afford the respondent time also to prepare for his testimony. Yes, Attorney Sheila. 04:12:41.540 --> 04:13:13.540 Atty. Sheila C. Sison: Your Honor, we'll withdraw the objection to the presentation tomorrow of the former Senator Trillanes. We will examine him should the prosecution decide to present him tomorrow. But nonetheless, we'll have it remain on record our concern on this belated disclosures on changes. The order of the presentation of the witnesses in the prosecution. But if the prosecution wants to present the former Senator Trillanes tomorrow, then we'll be ready, Your Honor. 04:13:20.040 --> 04:13:24.540 Sen. Francis "Chiz" G. Escudero: The sequence that you want, Honorable Ridon, is Senator Trillanes first? 04:13:25.510 --> 04:13:34.430 Rep. Terry L. Ridon: Yes, Your Honor. And then the Register of Deeds witnesses, Your Honor. After which, the MLC witness. 04:15:12.730 --> 04:15:14.230 Sen. Francis "Chiz" G. Escudero: Court declares 04:15:14.230 --> 04:15:15.070 Sen. Francis "Chiz" G. Escudero: a brief recess. 04:19:38.930 --> 04:20:17.280 Sen. Francis "Chiz" G. Escudero: Given that the motion for the issuance of subpoena predicates the calling or the issuance of subpoena on Senator Trillanes on the presentation of bank records as presented in the impeachment court, the court shall not at this time issue the subpoena to former Senator Trillanes. However, nothing prevents, the court cannot prevent the prosecution from calling him as a witness voluntarily. However, The court would like to remind the prosecution, the panel of prosecutors, to take an advisement what the court will say. 04:20:18.940 --> 04:21:39.540 Sen. Francis "Chiz" G. Escudero: That the cart cannot be put ahead of the horse. It would be best, as originally planned by the prosecutors in their motion itself, to present at the very least the MLC officer and or the bank officials or bank records given that the testimony of Senator Trillanes, former Senator Trillanes, who pertained to that. Number two, the prosecutors asked the court to take judicial notice of the TSN, of the Committee on Good Government, as long as the Committee on Justice hearings as to the fact that the statements were indeed made. And the court took note of the statements made by former Senator Trillanes in those hearings. And they pertained to the funds and amounts being attributed to or allegedly attributed to the respondent in this case. So let that be as it may. We will await what you will decide to do tomorrow, counsels, without prejudice to the court, deciding on the matter tomorrow as well. Citing Rule 135 in order to make proper order of the court. Section 5, in order to maintain order in the court and so as not to waste the time of the court with respect. to the presentation of evidence from both parties. Honorable Ridon? 04:21:39.980 --> 04:22:00.380 Rep. Terry L. Ridon: We take the advice of the impeachment court but we wanted to state for the record that we would have wanted to present the banks in the soonest time but the matter relating to the admission has only been resolved today. The earliest that we can actually request for a subpoena, Your Honor, is on Friday. But we are prepared for... 04:22:00.730 --> 04:22:06.170 Sen. Francis "Chiz" G. Escudero: But you have the AMLOC witness at the very least, as I said, that can be used as a predicate or basis, if at all. 04:22:06.850 --> 04:22:07.250 Sen. Francis "Chiz" G. Escudero: Again, 04:22:07.390 --> 04:22:35.990 Sen. Francis "Chiz" G. Escudero: kindly take it in advisement. Kindly let us know your decision tomorrow. Anyway, the two register of deeds witnesses will be here. Should the prosecution persist, we will afford. The court is constrained to afford time. To the respondent, given the, if at all, there will be a change in the sequence of the witnesses. to afford the respondent time to prepare for their cross adequately and will entertain any motion to defer cross and we can proceed to the next witness if at all at the appropriate time. Thank you, Your Honor. 04:22:37.130 --> 04:23:11.530 Atty. Sheila C. Sison: Just to clarify, given the court's advice to the prosecution and how they would take the order of the presentation of their witness, now on record, we would just like to know if... They will be able to present any witness tomorrow since this court had given them until tomorrow to decide on the matter of the presentation of the former Senator Trillanes. But again, just for the record, I had already before the court suspended or 04:23:14.630 --> 04:23:30.190 Atty. Sheila C. Sison: went on recess, a brief recess, that we already withdrew our objection. And so if the prosecution, and I think with all due respect to the court, this matter of the course and strategy of the prosecution should be decided by the prosecution alone. 04:23:31.720 --> 04:23:43.990 Atty. Sheila C. Sison: And therefore, if we had withdrawn our objection and they want to present the former Senator Trillanes tomorrow, then I think they should just do that, Your Honor. 04:23:44.650 --> 04:24:36.690 Sen. Francis "Chiz" G. Escudero: Again, without the court issuing a subpoena because the court can so decide to as well not to issue the subpoena at this time. Hence, tomorrow we have two witnesses nevertheless. Two witnesses, the registers of deed of, I believe, Davao City and Samal City. They were duly served with their respective subpoena according to the OSA and the Clerk of Court. So I believe they will be here nevertheless. In the meantime, on the part of the prosecution, I see former Senator Trillanes in the gallery. I guess you can again invite him tomorrow if you will indeed present him tomorrow. Because as I said earlier, nothing prevents, the court cannot prevent you from calling a witness in the proper order that you may deem fit in the course of the presentation of your evidence. Sans a subpoena. 04:24:36.690 --> 04:24:38.190 Rep. Terry L. Ridon: Thank you, Your Honor. We submit. 04:24:38.190 --> 04:24:52.100 Sen. Francis "Chiz" G. Escudero: There being no other matters to be taken up, Before I adjourn, Senate President says session shall be called at 2.45 p.m. Trial is adjourned until tomorrow, September 30 04:24:52.160 --> 04:24:54.640 Sen. Francis "Chiz" G. Escudero: at 04:24:54.640 --> 04:24:56.220 Sen. Francis "Chiz" G. Escudero: 10 a.m.