Metro Manila, Philippines – The House prosecution panel has listed over 30 witnesses for the looming impeachment trial of Vice President Sara Duterte, Batangas 2nd district Rep. Jinky Luistro, lead prosecutor, said on Monday, June 15.
The list of witnesses is part of the pre-trial briefs submitted by the prosecution panel to the Impeachment Court ahead of the closed-door conference on Thursday, June 18.
House Secretary General Cheloy Garafil submitted the document to Senate Secretary Rey Bantug.
Luistro’s count is higher than the initial 25 witnesses disclosed last week. She said prosecutors want to make sure that all testimonies will be presented in court.
“Ang malinaw po dito, sa ilalim po ng ating rules, kapag ang testigo, hindi mo naisama ang pangalan dun sa pretrial, generally speaking, hindi po siya papayagang tumistigo during the trial,” she said.
[Translation: What is clear here is that, under our rules, if a witness’s name was not included in the pre-trial, then generally speaking, that witness will not be allowed to testify during the trial.]
San Juan Rep. Bel Zamora, another prosecutor, said the team can still file a reservation of witnesses in their pre-trial brief for security.
“We are also allowed to make a reservation of witnesses as long as we are able to give a description of the witness and the purpose for which they will be presented,” she said.
The prosecution panel did not disclose the identity of the witnesses.
However, Luistro noted that prosecutors are anticipating a pushback from Duterte about their witnesses on the allegation of unexplained wealth – an issue that was extensively discussed during the House justice committee proceedings.
Meanwhile, Duterte lawyer and spokesperson Michael Poa also filed the defense team pre-trial brief on Monday.
The pre-trial meet will also tackle the stipulation of facts, marking of evidence, the proposed sequence for the presentation of evidence, and setting of trial dates.
Luistro said the prosecution’s proposed order is based on the interest of Filipinos, number of evidence, and the significance of the issue to the national government.
She added that based on her estimate, the trial may end in September if the proceedings will begin as scheduled on July 6.
The lead prosecutor said she is hoping that the Senate would be able to resolve the leadership dispute in the special session called by President Ferdinand Marcos Jr. ahead of the trial.
“The reason is we are apprehensive that we might encounter another constitutional issue because we will be starting the trial and there is no duly elected Senate president,” she said.
Lowering threshold for conviction
Meanwhile, on the constitutional threshold for conviction, Luistro and Zamora expressed support for a lower number of votes to secure a conviction given the dynamics in the Senate.
The constitutional requirement is two-thirds or 16 votes.
Luistro said the threshold can be reduced to 15, noting that only 22 senators under the “coercive powers” of the Senate may participate in the voting.
Sen. Jinggoy Estrada is in detention pending trial for his plunder charge in the flood control scam, while Sen. Bato dela Rosa is in hiding amid the arrest warrant of the International Criminal Court over his role in the previous administration’s drug war.
“Kung ang ating senador ay nakakulong, nagtatago, nasa hospital, or nasa abroad, ito yung tinatawag ni Avelino versus Cuenco, na beyond the coercive power of the Senate, and having said so, plus, hindi ma i-represent yung interest ng taong bayan, how are we going to consider them for the purpose of determining the threshold, or the required number of votes?” said Luistro.
[Translation: If a senator is detained, in hiding, hospitalized, or abroad, that situation falls under what was discussed in Avelino v. Cuenco as being beyond the coercive power of the Senate. Given that, and considering that such a Senator is unable to represent the interests of the people, how can we still count them for purposes of determining the threshold or the required number of votes?]
Luistro said the threshold may be further reduced to 14 if another senator faces an arrest warrant in the wake of an ombudsman investigation on lawmakers linked to the flood control controversy. Zamora backed the opinion.
“If one is hiding, purposefully hiding from not only his job, but from the people, then he shouldn’t be included in the number when we count,” Zamora said.
Acting Senate President Win Gatchalian had said 16 votes are needed to convict Duterte regardless of the number of senators who will attend the trial.
Sen. Alan Peter Cayetano, who refuses to recognize Gatchalian’s election, said the public deserves an impeachment trial that complies with the rules and the Constitution and “not one where rules will again be adjusted to reach a desired political outcome.”
