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Published on: 9/16/2004
Last Visited: 9/16/2004
Defense lawyers called to the witness stand Senate legal counsel David Jonathan Yap, the custodian of all evidence submitted to the impeachment court that tried the elder Estrada in late 2000.
Prosecutors said Yap could not be deemed a vital defense witness as he only presented copies of documents executed by other persons.He has not testified as to their truth and authenticity of the documents.
Yap, who served as deputy clerk of the impeachment tribunal, presented the contents of the controversial "second envelope," the opening of which was demanded by the prosecution but denied by the Senate sitting as an impeachment court.
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On direct examination by lawyer Raymond Fortun, Yap said the second envelop was submitted by "certain officials" of the Equitable-PCIBank (EPCIB) "in accordance with the subpoena issued by the impeachment court."
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Acting on the verbal motion of Villa-Ignacio, Special Division chairman acting Presiding Justice Edilberto Sandoval ruled that Fortun could proceed with the marking and suggested the prosecutor to deal with his observations during his cross-examination on Yap.
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The head of the prosecution panel also said that the testimony of Yap did not surprise them, but they expressed hopes that the defense's presentation of its first witness was a signal that there would be "regular hearings" of the plunder case.
He noted that they have waited long for the former president to present evidence that would counter the testimonies of 76 witnesses and over 1,500 documents presented by the prosecution panel during one-and-a- half years of the trial.