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Private prosecutor Lorna Kapunan during the impeachment trial of Vice President Sara Duterte on Wednesday, Nov. 11, showed to witness Atty. Suzette Baculanag-Punay a PowerPoint presentation containing an overview of the corporate history of Metro City Chow Foods Corporation, in which the witness was an In-House Counsel along with GenCorp Industries, Inc.

Defense counsel Justin Nicol Gular objected to the display of the PowerPoint, stating that questions should be asked during a cross-examination, rather than a presentation be flashed on the screen.

He then questioned the relevance of the display of the presentation on the questioning, and that it is not normal for a cross-examination to show a presentation containing alleged conclusions or findings, to be confronted to the witness. (Video courtesy of Senate of the Philippines)

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Transcript
00:01I'll show you now, again, referring to, at this point, Your Honor, may I ask the indulgence
00:11of this court, because we have been talking about many companies, succession of companies,
00:17can we present a slide, Your Honor?
00:22Yes, counsel.
00:23Who prepared the slide?
00:24You prepared the slide?
00:25Meaning the plan?
00:25The prosecution prepared the slide.
00:27The prosecution prepared the slide, Your Honor.
00:29Finally, you may.
00:31Your Honor, before the court rules, just two things.
00:34First, who prepared the slides, but number two, for the record, I just perused through the annexes
00:41of the forensic report, and there's really only five indicated in the annexes, Jollibee branches.
00:47Subject matter of redirect, the Fiori Direct, counsel.
00:51But may we ask the first question, Your Honor, sorry.
00:54Yes, the prosecution prepared the slide, according to Attorney Lorna.
00:59First, may we ask what the contents of the slides are?
01:04Corporations.
01:06This, Your Honor, please, as can be seen on the screen, and for better appreciation of the
01:11senator judges, this is an overview of the two companies mentioned by counsel and attorney
01:24during the direct examination.
01:26Metro City Chow Foods Corporation and GenCorp.
01:30We will start with Metro City Chow Foods Corporation.
01:33Without prejudice to any objections, counsel may raise at the appropriate time.
01:38Understood.
01:39We're okay for now, Your Honor.
01:40Yeah.
01:40Let's try to walk through it.
01:45Okay.
01:48Can I see that?
01:49Can it be seen?
01:51Can I see?
01:51I can't see.
01:52No.
01:53No.
01:53No.
01:53No.
01:53No.
01:54No.
01:54No.
01:55No.
01:55No.
01:56No.
01:56No.
02:00No.
02:06No.
02:08No.
02:09No.
02:13No.
02:15No.
02:15No.
02:16No.
02:16No.
02:17No.
02:17No.
02:17No.
02:17No.
02:18No.
02:19No.
02:19No.
02:20No.
02:20No.
02:21No.
02:22No.
02:37just a summary, these can be raised through questions,
02:39Your Honor, not through flashing it
02:41in a screen. Your Honor, please,
02:43counsel is so excited.
02:45These are premature objections.
02:47I haven't even asked the question. No, Your Honor.
02:49The objection is hinged on the
02:51flashing of what appears to be
02:53a PowerPoint
02:55slide which allegedly,
02:57supposedly makes a summary about
02:59the
03:01company and makes conclusions, Your Honor.
03:03The proper way to cross
03:05examine a witness is through questions, not
03:07flashing slides which
03:09I don't even know what the narrative is
03:11being introduced or the provenance
03:13of those statements. This can be taken
03:15out of context, Your Honor. This is a proper
03:17subject of cross through questions,
03:19not through slides, Your Honor, with all due respect
03:21of course. It would have been different
03:23if they flashed a document, Your Honor, and
03:25confronted it with a witness which
03:27is normal in cross-examination.
03:29What is not normal in cross-examination
03:31is presenting a slide
03:33of conclusions and a
03:35alleged findings and confronting that with the witness?
03:38If those were statements,
03:39Your Honor, those would be argumentative.
03:41Your Honor, please.
03:43Again, I will ask
03:47questions based,
03:48this is a factual summary
03:50of the testimony
03:52of the witness, Your Honor.
03:54She said she is familiar
03:56with the record.
03:58This morning's testimony
03:59was based on her personal
04:01knowledge and she said
04:03based on the records
04:05of the company.
04:06These are based on the records
04:07of the company
04:08and I will ask her questions.
04:10For instance,
04:11if counsel would be more patient,
04:13Your Honor,
04:14he will see the relevance
04:15of this summary.
04:17First of all,
04:21Your Honor, apologies.
04:25If they are claiming that
04:27what is contained in this
04:28summary slide or presentation
04:30is from the testimony
04:32of the witness,
04:33the proper way to do it
04:34is not through a slide,
04:35but by referring through
04:37the records of the case,
04:38by referring to the prior statements
04:40of the witness
04:41as contained in the
04:42transcript of stenographic notes.
04:44We have to call a spade
04:45a spade, Your Honor.
04:47These are statements
04:47from the prosecution
04:49summarized in a slide
04:50rather than
04:52the proper way to do it
04:53is conducting
04:54and asking these
04:55in the cross-examination
04:56and refer to the records.
04:57This is improper, Your Honor.
04:59Let's do it this way,
05:00Attorney Lorna.
05:01You're putting the cart
05:01ahead of the horse.
05:03Once you've asked the question
05:05and the witness
05:06is accordingly answered,
05:07then you can show
05:08the summary
05:09of what you have elicited
05:11from the witness,
05:11which I assume
05:12it would be this.
05:14And I've seen
05:15the other slides as well,
05:16Attorney Justin,
05:17for your information.
05:18They will be showing
05:20previously marked exhibits,
05:22correct me if I'm wrong,
05:23Attorney Lorna,
05:24of GIS and silence,
05:28which may be used
05:29to confront the witness,
05:30which I will allow
05:32at that particular time.
05:33In regard to this first slide,
05:36Attorney Lorna,
05:37kindly ask the questions
05:39and when all of these,
05:40I have a copy anyway,
05:41if all of these
05:41have been established
05:42through the witness,
05:43then you can show
05:45the slide by way
05:45of summary
05:46for the guidance
05:47of the senator judges.
05:49Given the ruling
05:49of the presiding officer,
05:51we ask that it be taken down.
05:52It's ordered.
05:53Thank you, Your Honor.
05:55We submit your own.
05:56Okay.
06:10For all of these things,

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