Ferrer, Kapunan clash over COA AOM copy during cross-examination

Manila Bulletin

Defense lawyer Kristine Ferrer defended her use of the defense team's copy of a COA Audit Observation Memorandum (AOM) during her cross-examination of COA-ICFAO auditor Xylene Del Campo.  The exchange came after prosecution counsel Lorna Kapunan objected, saying the defense should use the prosecution's copy since both sides had not stipulated to the documents. Presiding Officer Francis Escudero said the issue could be addressed during redirect examination.  Subscribe to the Manila Bulletin Online channel! - https://www.youtube.com/TheManilaBulletin  Visit our website at http://mb.com.ph Facebook: https://www.facebook.com/manilabulletin Twitter: https://www.twitter.com/manila_bulletin Instagram: https://instagram.com/manilabulletin Tiktok: https://www.tiktok.com/@manilabulletin  #VPSaraOnTrial #ManilaBulletinOnline #ManilaBulletin #LatestNews

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00:00We will have a continuing objection to their presenting, their documents, which have not been identified by the witness.

00:09They are AOMs.

00:11AOMs have been identified by the witness, but these are prosecution's AOMs, Your Honor.

00:18May I suggest, Your Honor, to the defense counsel, since she refused for us to use the defense witnesses, that

00:26she uses now the prosecution's documents.

00:28That is up to her counsel. She may confront the witness with her copy of the AOM.

00:34I'm sure she would be competent to testify whether these are the same documents earlier identified as exhibits for the

00:40prosecution or not.

00:42Counsel, you may proceed.

00:43Yes, correct, Your Honor. And they're AOMs. We did not dispute those, so we have the same copies.

00:47Can we then, in connection with that, Your Honor, since the counsel admits that our AOMs are their defendants' AOMs,

00:57can we just use the prosecution's copies, Your Honor?

01:00But, Your Honor, we have prepared, you know, visually using them.

01:03Show them. Show the document.

01:05Yeah, I am showing the defense document.

01:08No, we will not agree.

01:09Your Honor, the counsel cannot dictate how I will proceed with my cross-examination.

01:14Can the counsel, Your Honor, be reminded that I'm on cross-examination.

01:17We will not agree, Your Honor, to the presentation of the defense documents.

01:21I'm sorry?

01:21Because, precisely, there was no stipulation yesterday.

01:25They are now constrained.

01:26Excuse me, counsel.

01:28Allow her to finish, counsel.

01:30They are now constrained, Your Honor.

01:31I'm sorry.

01:32They are now constrained to use our documents.

01:36Precisely, this is what we wanted to avoid yesterday.

01:39Had we did a comparison, not to belabor the obvious, Your Honor, but now counsel says, anyway, it's the same.

01:46So, if it's the same, what's the objection to using the prosecution's document?

01:51Counsel, that water is already under the bridge.

01:53You may request assisting counsel to check the copy being presented to Ms. Eileen,

01:59and you may make this the subject matter of your redirect later on.

02:06Allow counsel to present.

02:07Thank you, Your Honor.

02:21Thank you, Your Honor.

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