Metro Manila, Philippines – The prosecution panel intends to present Vice President Sara Duterte as a witness in the impeachment trial – but “not at this time” – while dropping more than half of its witnesses on the confidential fund misuse charge.
Prosecution counsel Lorna Kapunan informed the Impeachment Court about the decision on Tuesday, Sept. 8, after announcing that the team has decided to dispense with 15 witnesses for Article 1.
The witnesses for Sept. 8 and 9 are PMaj Jovelyn Magay, Commission on Audit official Bresilio Sabaldan, and former Education Assistant Secretary Sunshine Fajarda.
The prosecution has so far presented 10 witnesses, while two others were no longer called to the stand after reaching an agreement with the defense team about the contents of their testimonies.
“The testimony of the vice president will be material to all articles… that is why at the end of all these articles, we reserve the right to present the vice president herself,” Kapunan said, adding that they have no request for a subpoena for Duterte yet.
Lead defense lawyer Sheila Sison, however, said the vice president is participating in the trial through her counsel.
Addressing Kapunan’s remarks, she said “there is an innate problem” in the request for a number of reasons, as the Constitution prohibits “testimonial compulsion” from the accused.
“In respect of this preliminary manifestation…the Constitution and jurisprudence are historically clear on the absolute prohibition against compelling the accused to give testimony for the prosecution,” she added.
Unexplained wealth next
In wrapping up the confidential fund misuse charge, the prosecution said it will present allegations of unexplained wealth on Monday, Sept. 14.
Presiding Officer Chiz Escudero said there will be no impeachment trial on Wednesday, Sept. 9 to give way for the marking of exhibits related to unexplained wealth allegations.
The prosecution also filed a formal request for admission to the defense about Duterte’s bank documents submitted to the court.
House prosecutor Chel Diokno said it is meant to shorten the trial, with the prosecution possibly dispensing with 15 witnesses should the respondent admit to certain matters covered by the request.
Diokno said the prosecution wants Duterte to confirm if the subpoenaed bank records are true and genuine, and if the accounts belong to her individually or jointly with others.
“Ang hinihiling lamang po namin ay simple: kung totoo, aminin; kung hindi totoo, tuwirang tanggihan; kung hindi naman kayang aminin o itanggi nang tapat, sabihin sa ilalim ng panunumpa kung bakit. Pero kung walang tunay na dispute, hindi na po natin kailangang gumugol pa ng ilang linggo at magharap ng humigit-kumulang 15 testigo para patunayan ang hindi naman talaga pinagtatalunan,” he said.
[Translation: We are simply asking one thing: if it is true, admit it; if it is false, expressly deny it; and if you cannot admit or deny it, state under oath why. But if there is no real dispute, then there is no need for us to spend several more weeks and present around 15 witnesses to prove something that is not actually incontestable.]
Escudero gave the defense team a non-extendible 15 days to submit its comments, but noted that the trial will still proceed.
