All systems go for VP impeach trial

MANILA, Philippines — With the Senate impeachment court slated to open the trial of Vice President Sara Duterte tomorrow, House prosecutors have declared their readiness to present their case as they challenged the embattled official not to “ghost” the public by skipping the proceedings.

“The long wait is over. On Monday, we expect the trial to begin, as our countrymen have long waited for,” House of Representatives prosecutor Rep. Joel Chua announced at a news forum in Quezon City yesterday.

The trial is slated to kick off at 2 p.m. tomorrow, with statements from both the prosecution and defense panels, followed by a Senate impeachment court ruling on key procedural motions.

But after the resumption of the second regular session on July 27, Senate trial will begin at 3 p.m., with mornings devoted to legislative hearings, starting at 10 a.m.

“It’s going to be heavy if you look at the activities: mornings, debate on bills, afternoon is for the impeachment court. And on other days, there are hearings. I admit it’s going to be tough for our senators,” Senate President Sherwin Gatchalian said, explaining the adjustments in schedule.

Chua said one of the crucial issues to be decided is the prosecution’s request for the trial to be conducted in Filipino and English so that the public will better understand the proceedings.

Duterte was impeached by the House in May and is facing trial over allegations that include misuse of confidential funds, unexplained wealth, bribery involving Department of Education personnel and threats against President Marcos, First Lady Liza Marcos and former speaker Martin Romualdez.

The House prosecution panel submitted to the impeachment court the names of National Bureau of Investigation Bangsamoro regional director Jeremy Lotoc, NBI senior agent John Mark Calilung and House Legislative Security Bureau director Belinda Bello as witnesses to be presented this week.

In the pre-trial order approved by Gatchalian last week, the fourth Article or the grave threats against the President and the others would be tackled first in the trial.

The examination of evidence for the grave threats article is expected to run for 11 trial days. It would be followed by the misuse of confidential funds (31 days), DepEd bribery (eight days) and the unexplained wealth (12 trial days). There will be a total of 92 trial days.

Sara presence

It’s still unclear whether the Vice President will personally appear at her trial. Speaking from Vancouver, Palace press officer Claire Castro said Duterte should personally appear at her trial if she really is serious about her boast of wanting a “bloodbath.”

“This is where the Vice President can show her ability to answer questions or confront witnesses who might make statements unfavorable to her,” Castro said.

“Our one wish is that VP Sara doesn’t ghost the Filipino people on Day 1 of the trial,” House trial spokesperson and Kabataan Party-list Rep. Renee Co said in a statement.

“We need to finish this as show of respect for our countrymen demanding answers,” Co said.

While Senate rules grant the Vice President the option not to show up and be represented only by her legal counsel, civic groups argue that her physical absence would reflect poorly on her commitment to transparency.

“In our view, the mere fact that she may choose not to attend is again a disrespect to the process. Let’s respect the process, let’s respect the Constitution,” lawyer Dino de Leon of the watchdog group Bantay Senado said at a forum.

“While we appreciate that the decision belongs to her, it does not mean that we like the decision... We will be the judge, ultimately. The Senate will be judged by the people, and the respondent will also be judged by the people,” he added.

House legal spokesman and private prosecutor Benjamin Tolosa Jr. acknowledged that while Duterte is allowed under the rules to skip her trial, public clamor for her to take the stand is strong.

“We, of course, recognize the sentiment of the public that there’s a demand to hear her personally address these allegations against her and face the impeachment court,” Tolosa said.

He emphasized, however, that her absence would not derail the prosecution’s strategy. “We will still present our evidence, call to the witness stand all of our witnesses, regardless if she’s there or not,” Tolosa said.

Hard facts

Chua, meanwhile, stressed that they are prepared to counter false narratives with hard facts and not with political rhetoric.

Chua noted that public awareness regarding the allegations against Duterte has significantly grown since last year’s House committee on justice hearings, citing an internal survey indicating that 82 percent of respondents support the conduct of an impeachment trial.

“It doesn’t mean that 82 percent believe the Vice President is guilty. It’s just that they are interested to see the evidence and let the impeachment trial reach its conclusion,” he said.

“We can’t prevent the spread of fake news. And we expect to see it intensify as the impeachment trial progresses, to divert the attention of our countrymen,” he pointed out.

Domingo Cayosa, former president of the Integrated Bar of the Philippines, said even the Supreme Court is unlikely to meddle in the impeachment process amid debates over the two-thirds vote needed for a conviction.

“The impeachment court is independent and not covered by the Supreme Court. When it comes to matters regarding impeachment, the Senate is the final decision maker and not the Supreme Court,” Cayosa said over radio dzBB on Friday.

Meanwhile, the Bagong Alyansang Makabayan said the impeachment should be an opportunity for the people to hold Duterte accountable. — Marc Jayson Cayabyab, Helen Flores, Ghio Ong, Emmanuel Tupas