Sara Duterte's impeachment trial attendance depends on circumstance — lawyer

The attendance of Vice President Sara Duterte at her possible impeachment trial will depend on whether or not her presence is needed in the court, the spokesperson of her defense team said Thursday. 

Atty. Michael Poa said this after the House committee on justice, via unanimous vote, found probable cause on Wednesday to impeach Duterte based on two impeachment complaints filed against her. 

Should the Articles of Impeachment be transmitted to the Senate, the chamber shall convene as an impeachment court to try and decide the case. 

"'Yung mismong presence ng Vice President, of course, it will depend on what the incident is for that trial date, kung kinakailangan na nandoon siya," Poa said in a Super Radyo dzBB interview. 

(The presence of the Vice President, of course, will depend on what the incident is for that trial date, if it is necessary that she be there.) 

"As you saw, doon sa trial ni the late chief justice Renato Corona 'di ba, hindi naman sa lahat ng proceedings ay present siya," he added. 

(As you saw in the trial of the late chief justice Renato Corona, he was not present in all the proceedings, right?) 

To recall, the House of Representatives approved Corona's impeachment in December 2011 for alleged graft and corruption, culpable violation of the Constitution, and betrayal of public trust.

In May 2012, the Senate, sitting as an impeachment court, voted 20-3 in favor of the conviction of Corona. 

Sara's defense lawyers

Nevertheless, Poa reiterated that Duterte's defense team will participate in the trial, in case it pushes through. 

"'Yun namang sa Senado, definitely, magpa-participate tayo roon. Talagang trial 'yun, eh. The defense team will be there. Of course, the prosecutors will be there," he said. 

(As for the Senate, we will definitely participate there. It will be an actual trial. The defense team will be there. Of course, the prosecutors will be there.) 

The defense team of Duterte on Wednesday said the House committee on justice's finding of probable cause in the impeachment complaints against the Vice President "was not unexpected" considering the direction of the proceedings. 

Probable cause 

For Atty. Paolo Tamase, associate dean and assistant professor of University of the Philippines (UP) College of Law, the House justice committee's decision was agreeable, based on his academic perspective. 

"'Yung standard po kasi ng probable cause ay kung ano lamang 'yung ebidensya na sapat upang sa isang reasonableng tao na maniwala na mayroong krimen na nangyari at ng tao na nasasakdal ay responsable para dito. At I think doon naman sa mga nakitang ebidensya ay meron nga mga graft issues na lumalabas or at least hindi pagiging transparent sa taong bayan. At isa 'yung patas na ground para sa impeachment under betrayal of public trust," Tamase said in an interview on Unang Hirit's On Record segment. 

(The standard of probable cause is whether the evidence is sufficient to believe that a crime has occurred and that the person being accused is responsible for it. And I think based on evidence, there are graft issues found or at least it was shown that the Vice President is not being transparent to the people. And that is a fair ground for impeachment under betrayal of public trust.) 

He said that Duterte's refusal to attend the hearings and present evidence to counter the allegations against her also became a factor in the House justice committee's vote. 

"Hindi pa po natin nakikita 'yung ebidensya ni VP Sara. Dahil sa dami ng pagkakataon na binigay sa kanya upang mag-participate sa mga nangyayari sa House of Representatives ay hindi po siya nagpapakita. So kung wala pong ebidensya na contrary doon sa mga nakita natin, naiintindihan ko po kung bakit po parang na-meet 'yung probable cause," Tamase added. 

(We have not yet seen VP Sara's evidence. She was given many opportunities to participate in the hearings of the House of Representatives, but she did not show up. So if there is no evidence contrary to what we have seen, I can understand why the probable cause was found.) 

— VDV, GMA News