00:00This is precisely why we are now moving to strike, Your Honor.
00:03Given the admissions of the witness upon the inquiry of the presiding officer,
00:09it is now clear upon us all that the visuals being presented or used by the prosecution
00:15was not only misleading, was not only unreliable,
00:21but it was misrepresentative of the records identified by the witness, Your Honor.
00:25This is unfair, Your Honor, to the respondent vice president
00:29because in the first place, those visuals had already been flashed to the general public
00:35who are listening to us.
00:37And secondly, Your Honor, the answers propounded by the witness and the questions,
00:42rather the questions propounded by the counsel and the witness answers thereto
00:47have already been heard, Your Honor.
00:48But it is already clear now that these were inaccurate and misrepresentative, Your Honor.
00:52We therefore, with the court's kind indulgence, move that the visuals as well as
00:58the questions pertaining to those inaccurate statements be stricken off the record, Your Honor.
01:03Your Honor, may I respond to that considering that the accusations are very heavy.
01:08Hindi po kami nag-misrepresent, Your Honor.
01:11And besides, hindi po namin itinulo yung pagka-flash.
01:14After ng clarification po ng presiding officer,
01:16malinaw po ang sabi po ng witness kanina,
01:19ang pinagbabasehan nila para sabihin na no dividend declaration ay dalawa,
01:23general information sheets at ang audited financial statements.
01:27So necessarily, kung wala pong AFS na sinabit,
01:30wala po silang mapagkukuhanan ng information na yun.
01:33And besides, again, hindi po namin itinulo yung prop
01:37and so far, accurate naman po yung mga nauna
01:39dahil ang basihan po nung presentation na yun,
01:42sorry, I withdraw the prop,
01:43ay base po sa mga kumpanyang may general information sheets
01:47at may audited financial statements.
01:50Nagpakita po kami ng example kanina ng GIS
01:52kung saan po makikita yung information na dapat paglagyan
01:56kung merong dividends, whether it be cash, stock, and property.
02:01So kung hindi lang po audited financial statements
02:05ang pinagbabasehan ng kumpanya,
02:07required po sila na ilagay sa general information sheet
02:11ang kanilang dineklarang dividends.
02:14At hindi lang po yun,
02:15kailangan po nilang ispecify ano yung uri ng dividends
02:21na minigay, whether it's stock, cash, or property.
02:25Your Honor, just a quick rejoinder.
02:27A quick rejoinder, just in before my ruling.
02:29The principle behind the defense objection is simple.
02:32It is fairness and accuracy and propriety, Your Honor.
02:36Now, in the presentation,
02:38it clearly stated that no dividends declared,
02:41when in fact, what the witness said
02:44upon the inquiry of the presiding officer
02:48is that there is no information
02:49since there was no document submitted.
02:52We just ask for fairness, Your Honor.
02:53It is nothing special.
02:54We ask the court to rule.
02:57Court will make a ruling.
03:00Through the presiding officer,
03:02clarification was made as regards
03:04the no dividend declaration
03:06with respect to the companies
03:07that did not file an AFS
03:09or audited financial statements.
03:12Unfortunately, Attorney Justin,
03:14I cannot strike from the records
03:16an illustration or audiovisual presentation
03:19because it's not in the records.
03:22And it was not submitted in evidence as well.
03:25But given the chair's clarification
03:28with the questions propounded directly to the witness,
03:30I think it should suffice to clarify
03:34that the other corporations did not submit an AFS
03:40and therefore the witness would not have known
03:42if dividends were declared.
03:44However, with respect to the other corporations,
03:47the witness indeed testified
03:48that the submissions did not declare any dividends
03:52based on their GIS and AFS.
03:55For those reasons,
03:56Chair would have to overrule your objection,
03:58I'm just saying.
03:59But we'll note, I presume,
04:01your objection on the matter just the same.
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