Metro Manila, Philippines – The pre-trial conference for the impeachment case against Vice President Sara Duterte ended on Thursday, June 25, leaving the crucial box of her tax records sealed and unmarked as evidence.
Senate Secretary Renato Bantug, who sits as clerk of court, announced the termination of the five-day pre-trial proceedings, which began on June 18.
The pre-trial conference is the stage where the prosecution and the defense mark evidence, submit a list of witnesses and stipulation of facts, and discuss trial dates and the order of presentation of evidence.
“Ever since our objective is to finish expeditiously. And that is why we would like to express our thanks to the impeachment court because the goal was achieved,” said lead prosecutor and Batangas 2nd district Rep. Jinky Luistro, noting that the prosecution considers the pre-trial a success.
The prosecution and the defense spent longer time to mark evidence related to Articles 1 and 2, or the issues on the vice president’s alleged confidential fund misuse and unexplained wealth, respectively.
Luistro said on Article 1 alone, the prosecution marked at least 4,000 documentary exhibits linked to confidential funds.
She called out the defense for supposedly prolonging the pre-trial, citing the opposition of Duterte’s lawyers to use similar marking for common evidence.
“If you can imagine, we’re talking about the same documents, pero iba ang marking… so nagiging times two ’yung dedicated na time,” said Luistro.
[Translation: If you can imagine it, we’re talking about the same documents, but they’re marked differently… so the dedicated time basically doubles.]
Michael Poa, Duterte’s defense spokesperson, said in a previous interview that it was not an option for the defense to have common markings due to minor differences in some documents.
BIR box still sealed
Meanwhile, the prosecution said the BIR box containing the tax records of Duterte and her spouse, Mans Carpio, remained sealed and was not marked as evidence.
Luistro said the defense opposed the opening of the box, and even the marking of the sealed one. The box is part of the prosecution’s pre-trial brief submitted to the Impeachment Court, an evidence deemed crucial for the allegations of unexplained wealth.
“Ako’y nagtataka kung ano kaya ang nakakatakot sa pagmamarka ng sealed box e selyado nga,” she told reporters.
“It will be subject to the judgement prerogative of the impeachment court but of course ito po ay karapatan ng sambayanang Pilipino na makita kung anong nilalaman ng box,” Luistro added.
[Translation: I’m wondering where the fear stems from in marking a sealed box. It’s sealed…It will be subject to the judgment and prerogative of the impeachment court, but of course, it is the right of the Filipino people to see what is inside the box.]
Manila Rep. Joel Chua, another House prosecutor, said the box should be opened if there is nothing to hide.
“Kung malinis naman po yung kanilang konsensya, edi ilabas ang ebidensya,” he said.
[Translation: If their conscience is clean, release the evidence]
On Wednesday, June 24, the prosecution submitted a manifestation, asking the Impeachment Court to open the box for marking purposes.
Poa said the defense team will submit its response to the manifestation on Friday, June 26.
Luistro said the prosecution reserved the BIR records as evidence, which would allow them to present it even if it was not marked during pre-trial, subject to court approval.
Akbayan Rep. Chel Diokno, House prosecutor, said the court may release its decision on the BIR records before or during trial, which begins on July 6.
The House justice committee, which held a series of impeachment hearings, refrained from opening the box during the proceedings after the BIR cited confidentiality concerns.
