VP Sara Duterte impeachment pre-trial expected to end Monday or Tuesday

The pre-trial conference for Vice President Sara Duterte's impeachment trial is expected to end on Monday (June 22) or Tuesday (June 23), House prosecutor Chel Diokno of Akbayan Party-list said Sunday.

“Malamang matatapos na ang pre-trial natin kung hindi bukas, sa makalawa. Hindi lang naman ang prosecution ang magmamarka ng ebidensiya kundi pati ang defense, kaya may kanya-kanyang markings. Talagang kumakain ng panahon 'yan,” Diokno told Super Radyo dzBB.

(Most likely the pre-trial will end by tomorrow or the day after. The prosecution will not only mark the evidence, but also the defense, so each side has its own markings.)

Formally commenced on Thursday, June 18, the pre-trial on Duterte’s case serves as the initial gathering of both panels before the senator-judges formally convene the impeachment court on July 6.

Duterte is facing impeachment charges over allegations of culpable violation of the Constitution, graft and corruption, betrayal of public trust, bribery, and other high crimes. In May, she was impeached by the House of Representatives for the second time

Diokno assured the public that the marking of evidence will not affect Duterte’s impeachment trial, which will push through on July 6.

However, he said the number of votes to convict an impeached personality remains an “open question.”

“Sa ngayon, wala pa rin talagang malinaw na desisyon ang Korte Suprema pagdating sa impeachment, kung ilan ba talaga ang kailangang boto. Ang klaro lang, ang nakalagay sa Konstitusyon, kailangan may 2/3 vote ng mga senador. Kung paano bibilangin 'yun, open question pa rin 'yan,” Dioko said.

(The Supreme Court has yet to issue a clear ruling on impeachment regarding how many votes are actually required. What is clear is that the Constitution states there must be a two-thirds vote of the senators. How that will be counted, however, remains an open question.)

The 1987 Constitution states that “no person shall be convicted without the concurrence of two-thirds of all the Members of the Senate.”

Senator Ronald "Bato" Dela Rosa is in hiding after the International Criminal Court issued an arrest warrant for his alleged role as an indirect co-perpetrator in crimes against humanity of murder linked to former president Rodrigo Duterte.

Meanwhile, Senator Jinggoy Estrada was detained at the Quezon City Jail after he was ordered arrested by the Sandiganbayan Fifth Division for plunder charges, a non-bailable offense, in connection with anomalies linked to the alleged misuse of flood control funds.

Last week, Duterte’s legal team said there were disagreements during the pre-trial conference, but there was no tension during the meeting.

Michael Poa, one of Duterte’s lawyers, said the pre-trial conference that began earlier in the day was “a good session.”

“So I think it was a good session. Hindi naman nagkainitan, normal naman ‘yan sa trial… May mga disagreements, but even then, I think it was good because both parties were able to settle differences para mapadali. Ayun naman ang gusto nating lahat,” he told reporters.

(So I think it was a good session. There were no heated moments, that’s normal in a trial… There were disagreements, but even then, I think it was good because both parties were able to settle differences to expedite it, and that’s what we all want.)

Poa said the defense team and the House prosecutors are set to resume the pre-trial brief on Monday, June 22 at 9 a.m. While they have yet to finish marking the documentary evidence, the lawyer said, they remain on track for the start of the impeachment trial.

The Senate convened as an impeachment court on May 18.

On June 1, Duterte's camp filed its answer to the Articles of Impeachment, asking the court to junk the impeachment case against her.

Strategy to delay impeachment

According to Bea Pinlac’s “24 Oras Weekend” report on Saturday, House lead impeachment prosecutor Representative Gerville Luistro said that disputes during the pre-trial conference in the Duterte case are normal and expected.

However, this may be used by the defense team as a strategy to delay the impeachment proceedings.

“Magtaka tayo kung magkakampi ang prosecution at defense because that's not the case. Kung meron man (if there is an) exchange of argument that is very much anticipated,” Luistro said.

“Ang hindi lang natin inaasahan ay 'yung taktika ng defense na pinipilit na i-accept sa House prosecution panel 'yung mga proposed declamation. The defense wanted the clerk of court to rule on the matter. Ang sabi ng clerk of court, he has no authority to rule,” House trial spokesperson Representative Zia Alonto Adiong said.

(What we did not expect was the defense’s tactic of insisting that the House prosecution panel accept the proposed declamation. The defense wanted the clerk of court to rule on the matter, but he said he has no authority to make a ruling.)

The House prosecution team believe this was the Vice President's defense team’s strategy to delay the progress of the impeachment proceedings.

The discussion on the four articles of impeachment was not completed during the pre-trial conference, so it will continue on Monday.

“That is anticipated because we have voluminous exhibits pagdating dito sa (when it comes to) unexplained wealth at sa confidential fund,” Luistro said.

The House prosecution team is hoping that Duterte will appear before the impeachment court to enter her plea of whether she is guilty or not.

However, her absence will not hamper the impeachment proceedings, Luistro said.

“It is clear also under the Senate rules, 'yung failure ng respondent to appear will not stop or abrogate the proceedings. It will simply mean an entry of not guilty, and thereafter, a trial will proceed,” Luistro said.

Based on the impeachment calendar, the pre-trial order will be issued on June 30.

From June 30 to July 5, both the prosecution and the defense will have the opportunity to submit their comments on it.

“Ang importante dito, we are aligned to starting the trial proper this coming July 6. That is the first day of the trial of the impeachment court,” Luistro said.

(What is important here is that we are aligned with starting the trial proper on July 6. That will be the first day of the impeachment court trial.)

The prosecution is still waiting for the security guidelines for the impeachment trial. —KG, GMA News