Prosecutors urged to speed up graft cases vs Imelda
The Sandiganbayan Fifth Division has ordered government lawyers to speed up its presentation of evidence in the 10 graft charges against former First Lady Imelda Marcos which have been pending in court for over 17 years.
In a two-page order released last week, the graft court directed Prosecutor Wendel Barreras-Sulit to simply submit a ‘judicial affidavit’ containing the testimony of prosecution witness, former Solicitor General Francisco Chavez.
The court required that the affidavits be done in a "question-and-answer form", which modified the previous pattern wherein Chavez’s statements were executed in narrative form.
In his affidavits, Chavez related the procedures by which the Office of the Solicitor General and the Presidential Commission on Good Government (PCGG) traced the paper trail of four secret Marcos foundations in Switzerland.
He also identified documents obtained from Swiss authorities which were also used by the government in successfully forfeiting $684 million deposits in the Swiss foundations in 2003.
Defense lawyer Benjamin Santos has complained that the Chavez affidavits are not marked as exhibits by the prosecution although they are being used as notes to aid the memory of the witness.
He said the system is irregular and violative of the rights of Mrs. Marcos as her counsel is prevented from cross-examining the witness on the basis of his affidavits.
At the same time, he noted that questions propounded on Chavez and his answers to them are already contained in his affidavits which only creates delays.
In its ruling, the Sandiganbayan upheld the defense's argument, saying the affidavit will be considered part of the direct testimony of Chavez.
It added that Marcos lawyers would be allowed to cross-examine Chavez on his statetments.
“The previous judicial affidavits in a narrative form are considered as part of the direct testimony of witness. For the subsequent testimony of Atty. Chavez, the prosecution is hereby directed to submit a judicial affidavit in a question and answer form in order not to delay the proceedings in these cases,” the graft court declared.
The 78-year-old widow of the late strongman Ferdinand Marcos was charged in 1991 on allegations that she created the foundations and held financial interests in private enterprises while she was a member of the Interim Batasang Pambansa from 1978 to 1984.
Despite the adverse verdict in the civil case however, the defense has expressed confidence that Mrs. Marcos will be fully acquitted.