The respondent's failure to appear before the investigating prosecutor for a clarificatory hearing would only amount to a waiver of a right to clarify, or expound on the controverting affidavit or evidence.
In the same vein, a respondent in an impeachment complaint may be summoned to appear before the House committee on justice for a clarificatory hearing, not on the sufficiency of the complaint in form or substance, but on the controverting affidavit or evidence submitted by the respondent.
You are hereby directed to file within 10 days your counter-affidavit, and those of your witnesses if any, and such other controverting
evidence, copy furnished to the complainant (Tajima), read the Ombudsman order issued by director Dennis Garcia.
They have ignored his affidavit and the submission of controverting
evidence including the positive testimonies of persons that the projects of the Vice President are above board, he said.
Senate Minority Leader Juan Ponce Enrile will answer the charges against him in connection with the P10-billion pork barrel scam and comply with the Ombudsman's order that the respondents in the case file their counteraffidavits and controverting
Enrile and the two other senators as well as Janet Lim-Napoles were given 10 days to submit their counter-affidavit and controverting
It also said that records of the cases showed controverting
evidence and supporting documents submitted by the accused-movant, prompting the Ombudsman to file the information.
In an election protest formally filed at the Commission on Elections (Comelec) last May 26, Luis alleged his grandson's camp was involved in "disputing, controverting
and impugning the results of the elections.
In essence, the accused were not able to submit controverting
evidence to establish that there is no probable cause to warrant the filing of this case before this honorable Court," they argued.
Through his counsel Philip Sigfrid Fortun, Ampatuan yesterday urged Judge Jocelyn Solis-Reyes of the Quezon City Regional Trial Court Branch 221 to set bail hearings so that he could "present controverting
evidence to that submitted by the prosecution.
At the very least, Art Panganiban and Rey Puno were Arroyo appointees, and they proved the opposite of stooge or lackey by controverting
her on life-and-death issues for the nation, like putting the country under emergency rule and changing the Charter.