Force majeure excuses trial witness
MANILA, Philippines - A witness in the impeachment trial of Chief Justice Renato was spared from a potentially unnerving experience on the witness stand after she was rushed to hospital to give birth.
Leonora Dizon, branch manager of Bank of the Philippine Islands (BPI) on Ayala Avenue in Makati City, was to testify yesterday on Corona’s current account with the bank.
Lawyer Rosario Jurado Benedicto announced before the impeachment court that Dizon could not come because she had given birth at an undisclosed hospital.
On hearing the announcement, defense lead counsel Serafin Cuevas was overheard quipping, “Wala akong kinalaman dyan (I have nothing to do with it).”
“Our witness from the BPI has given birth. She gave birth early this morning at around 7:45,” Benedicto said. No other details have been released.
Senate President Juan Ponce Enrile, presiding officer of the impeachment court, allowed the prosecution panel to present a substitute witness.
“She gave birth. Well, that is a force majeure for the appearance of the witness,” Enrile said.
Enrile then called for a minute’s recess to wait for Dizon’s replacement. However, when the impeachment court resumed session, there was still no replacement witness.
He then ordered the presentation of another witness, PSBank Katipunan branch manager Annabelle Tiongson.
Cuevas objected to the presentation of documents pertaining to the monthly statement of Corona’s peso account with BPI Ayala branch. He said Dizon had already been examined by both the prosecution and the defense.
But Sen. Franklin Drilon said they wanted to know from Dizon’s testimony if there had been several transactions covering Corona’s P14-million BPI account.
He said it was the defense panel itself which had earlier requested to subpoena the documents from BPI.
Cuevas admitted that they made a manifestation for the presentation of the documents on Corona’s account in BPI, but later withdrew it after Corona himself told him that they already have the documents.
“We filed a motion why we are abandoning the motion to present these documents because we already have that. We are placing it on record so that we will not be precluded,” Cuevas said.
“To determine that this figure is not one single deposit and withdrawal, produce the documents that the counsel requested. The counsel asked for these documents,” Drilon said.
“Bear with me. We have settled this already. The witness was subpoenaed by this court to satisfy the members of this court who want to ask questions to this (Dizon) witness,” Enrile told Cuevas.
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