Metro Manila, Philippines – After the pre-trial concluded without opening the controversial box containing Vice President Sara Duterte’s tax records, the clerk of the Impeachment Court said it may still be unsealed and its contents marked as evidence before the July 6 trial, if the court so decides.
“Kung iyan lang naman ang magiging pakay, yung pagmamarka at kung ang magiging pasya is i-mark siya before the start of the trial, then I suppose we can do it,” Senate Secretary Rey Bantug, clerk of court, said in a phone interview with reporters on Friday, June 26.
“But again I don’t want to preempt kung ano ang magiging posisyon ng prosecution at defense tungkol sa bagay na iyan,” he added.
[Translation: If the only purpose is to mark it as evidence, and the court decides that it should be marked before the start of the trial, then I suppose we can still do it. But again, I don’t want to preempt whatever position the prosecution and the defense may take on that matter.]
The fifth and final day of the pre-trial conference on Thursday ended without the sealed box being opened after the defense objected to the prosecution’s request to unseal it, Bantug said.
Bantug said the prosecution acknowledged that the box could only be opened with the agreement of both parties. It then proposed marking the sealed box itself as evidence instead.
“Doon nag-object ang defense. Ang punto nila, bigyan niyo rin naman kami ng time magcomment on that,” Bantug recalled.
[Translation: The defense objected to that. Their position was, ‘Give us time to comment on that first.’]
The defense was given until the end of office hours on Friday to file its comment on the prosecution’s manifestation submitted on Wednesday.
After receiving the comment, the court will decide on the matter. Bantug said reopening the pre-trial conference for another day is “possible” if the court orders it.
Trial proper
Bantug said such a move would not affect the trial schedule.
“Iyan ang bagay na talagang at all cost iiwasan natin na mamove ‘yung July 6. Ako bilang clerk of court sa ngayon iisa lang ang petsang tinitingnan ko as start ng trial at iyan ay July 6,” he said.
[Translation: That is something we will avoid at all costs. As clerk of court, the only date I am working toward as the start of the trial is July 6.]
He added that the box may also be unsealed and marked during the trial itself, since it forms part of the prosecution’s evidence listed in its pre-trial brief.
Meanwhile, Senate staff are preparing the pre-trial order, which will contain the agreements reached by both parties, including stipulated facts, witnesses to be presented, trial dates, and other procedural matters. Bantug said the order is intended to streamline the proceedings and prevent administrative delays during the trial.
He said Senate President Win Gatchalian, as presiding officer of the impeachment court, issued a memorandum directing that the pre-trial order be released on Monday, June 29. Both parties will then have three days to submit comments or propose revisions before it is finalized.
Senator Ping Lacson earlier announced plans to elect Senator Chiz Escudero as presiding officer. Bantug said any change would have to be formally approved while the court is in session, following the amendments to the impeachment rules adopted on June 3.
The trial will be held Mondays through Wednesdays at 2 p.m. until the week before the State of the Nation Address. After that joint session of Congress, the trial calendar will shift to Tuesdays through Thursdays.
