VP impeachment trial transitions to new article; prosecution hopes to call VP in witness stand

The prosecution counsel dropped all 15 remaining witnesses for Article I of Vice President Sara Duterte’s impeachment trial, ending its presentation of evidence on the alleged misuse and misappropriation of confidential funds on the 23rd day of trial today, September 8.

The prosecution had originally intended to present 27 witnesses for Article I. 10 witnesses had testified in court, while the testimony of two others had been stipulated, bringing the total to 12 witnesses. 

Among the witnesses originally scheduled to appear today were Police Maj. Jovelyn Magay, former Department of Education (DepEd) Assistant Secretary Sunshine Fajarda, and Commission on Audit (COA) – Intelligence and Confidential Funds Audit Office (ICFAO) Assistant Commissioner and Chief Executive Staff Bresilio Sabaldan. 

All point to the VP

Private prosecutor Atty. Lorna Kapunan said the prosecution decided to forego the remaining witnesses.

“All of these actors in the chessboard point to one, the queen. And all these pawns, castles, horses, bishops point to one person and that accountable person is the vice president herself,” Atty. Lorna Kapunan said.

Kapunan says that the counsel shall rest with Article I with the intention of presenting VP Sara Durterte and an amicus curiae after all articles of impeachment are presented. 

An amicus curiae is someone who will aid the court who is not part of the lawsuit.

She further explained that the prosecution calls the vice president to appear before the court to prove her allegation of innocence.

The defense lead counsel, Atty. Sheila Sison objected to the prosecution’s plan, arguing that compelling the vice president to testify would violate her constitutional right against self-incrimination. 

“There is an innate problem in that kind of request because the Constitution prohibits this kind of testimonial compulsion from the accused herself,” Sison exclaimed. 

Presiding Officer Chiz Escudero clarifies that the vice president may choose to give testimony before the court.

“Nothing prevents the respondent from deciding through her counsel to also appear, should she wish to do so,” citing the precedent of former Chief Justice Renato Corona. 

Calls for accountability

Lead Prosecution Counsel Rep. Gerville Lusitro explains that their counsel has decided on this motion as transparency and accountability are in line with the constitution. 

She further states that the Filipino people have the right to hear VP Duterte’s response to the allegations. 

The prosecution, however, clarified that it is not abandoning the other articles of impeachment. Luistro said the panel would move forward with Article II, which alleges that Duterte amassed unexplained wealth.

Fewer senator-judges, voting threshold questioned 

Senator-judge Erwin Tulfo also raised concerns over the 16-vote threshold required for conviction, particularly as four senators are currently unable to participate in the proceedings. 

Tulfo questioned which senators should be counted when determining the required votes, warning that the fixed 16-vote requirement could eventually result in an “acquittal by default” if enough members are unable to participate. 

Oral arguments from the prosecution and defense are scheduled for September 23, with the court expected to vote on the issue afterward. 

Article II moves forward

The prosecution also served the defense with 104 written requests for admission concerning bank records submitted in response to subpoenas issued by the impeachment court.

The defense was given 15 days to study and respond to the requests. 

On Monday, September 14, proceedings are expected to resume with the Senate to focus on Article II, Unexplained Wealth, while Article I’s presentation is now substantially concluded.