Metro Manila, Philippines – Some senator-judges called out alleged lying witnesses and supposed unfair treatment on the ninth day of Vice President Sara Duterte’s impeachment trial on July 22, which was the shortest session so far.
The Impeachment Court resumed the cross-examination of National Bureau of Investigation (NBI) Director Melvin Matibag.
Defense lawyer Mark Vinluan continued to grill Matibag, at one point questioning the probe on Duterte’s supposed hiring of an assassin for the presidential family: “Are you saying that once you reach your findings, because we’re all waiting for that, is it correct to say that you will file another impeachment case against VP Sara?”
“The betrayal of public trust as the issue in the Impeachment Court, we don’t need to investigate even if we pinpointed the person contracted because the point being is the betrayal of public trust has already been consummated when she publicly admitted, there is already an admission, that she contracted a killer,” Matibag said.
Vinluan attempted to have Matibag’s response to his own question stricken off the record, describing it as a conclusion of fact and law.
House lead prosecutor Gerville Luistro then pointed out that the question was from the defense lawyer himself.
“Interpretative it may seem, with respect to the law, since the witness was qualified yesterday as not only being the NBI director but also engaged in the legal profession for decades and is in fact a former law dean, let that remain in the records for the senator-judges,” Presiding Officer Chiz Escudero ruled in denying Vinluan’s request.
The prosecution waived its right to redirect its examination of Matibag, ending the presentation of Impeachment Article IV, which centered on Duterte’s alleged grave threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and Leyte Rep. Martin Romualdez.
READ: Sara-Baste conspiracy eyed in Duterte kill threat – NBI’s Matibag
Perjured witnesses and interruptions
In the time allotted for the senator-judges, Senator-judge Robin Padilla questioned the prosecution on the integrity of its witnesses, citing the perjury cases of NBI Regional Director Jeremy Lotoc and Special Agent John Mark Calilung.
Luistro pointed out that the prosecution verified that the two witnesses had no pending perjury cases.
“Alam niyo po, napakaganda po ng inyong sagot, sana hindi one-sided ang ating prosecution kasi alam niyo pag pabor sa inyo…” Padilla said, briefly shifting his attention to a reaction from from the front row of the prosecution panel.
“Bawal po ang ginagawa nitong nasa harap natin, nagkokoment-komento… Hindi po sila allowed mag-ingay, korte po ito! I was interrupted,” Padilla exclaimed.
[Translation: Your answer is nice but I hope that the prosecution is not one-sided because when things go in your favor…What those in the front row are doing is not allowed, making comments…They are not allowed to make noise, this is a court.]
In a post-trial press briefing, private prosecutor Lorna Kapunan admitted that Padilla may have been referring to her panel and apologized.
“May I use this opportunity to apologize to Senator-judge Robin. There was no intent to disrespect him kaya lang syempre pag lawyer ka and nasa litigation ka, e-emote ka. Hindi naman emote na drama pero it is an instinctive reaction, there was really no intent to disrespect him when he said ‘lalong-lalo na yung mga nasa front row,’” Kapunan said.
“Senator Robin, sabi mo kaibigan tayo. Forgive nalang, hindi na kami uulit diyan,” the prosecutor added.
[Translation: When you’re a lawyer in litigation, you will emote. It’s not a dramatic emote but an instinctive reaction, there was really no intent to disrespect him when he said ‘especially those in the front row.’ Senator Robin, you said we’re friends. Forgive us, we won’t do it again.]
After the interruption, Padilla raised the ban on Senator-judges Rodante Marcoleta and Jinggoy Estrada, who are detained pending their plunder cases, to participate in the trial, then pivoted to ask the prosecution why it presented documents related to the International Criminal Court (ICC) during its examination.
Luistro clarified that the ICC was only mentioned as part of an affidavit tied to the testimony of Matibag, and not the veracity of its contents as evidence.
Unfair treatment
Meanwhile, Senator-judge Raffy Tulfo questioned the opportunity for some judges to have more time to speak over others.
“Pag sinabing two minutes, two minutes! ‘Pag sa amin sa majority, ‘pag two minutes pinipindot na pinipindot nito dalawa tatlong beses. Totoo yan! Pero pag sa minority, umaabot na five minutes, 10 minutes and I have record of that. Why?” Tulfo said.
[Translation: When you say two minutes, keep it to two minutes! For us in the majority, we get two minutes and then we’re reminded two or three times. It’s true. For the minority, they can speak for five to 10 minutes and I have a record of that. Why?]
Presiding Officer Chiz Escudero clarified that there is no majority or minority in the court, where senator-judges must remain impartial.
He also ordered the clerk of court to be consistent when reminding senator-judges that their manifestation periods have lapsed.
Escudero adjourned the session at 4:41 p.m., making Day 9 of the impeachment trial the shortest thus far at just under three hours.
The court will convene next on July 29, from 10 a.m. to 3 p.m., to give way for the State of the Nation Address (SONA) on July 27, and the minority’s counter SONA on July 28.
