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TONGOL SAYS

Sara Duterte impeachment: Witness withdrawal doesn't ensure fewer trial days


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Sara Duterte impeachment: Witness withdrawal doesn't ensure fewer trial days

It may still be too early to determine whether the impeachment trial of Vice President Sara Duterte will be finished ahead of schedule following the prosecution’s withdrawal of some of its witnesses, Senate impeachment court spokesperson Atty. Reginald Tongol said Thursday.

Tongol made the remarks a day after the House prosecution panel withdrew six witnesses for Article IV, leaving National Bureau of Investigation (NBI) Director Melvin Matibag as its remaining witness for the article.

“Ang mga na-save natin na araw can be used for other witnesses or other matters that the court will consider, katulad ng oral arguments sa subpoena issuance,” Tongol told reporters in a virtual interview.

(The saved trial days may be used for other witnesses or other matters that the court will consider, such as the oral arguments on subpoena issuance.)

“While we have saved some days now in Article IV, it cannot be said the whole trial proper will also be shortened,” he said.

Under the pre-trial order, the prosecution had initially set 11 trial dates for Article IV, which concerns the alleged grave threats and assassination plot targeting President Ferdinand "Bongbong" Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez.

The first day of the trial opened with the election of the impeachment court presiding officer as well as the delivery of opening speeches from the defense and prosecution. The prosecution’s first two witnesses were presented over four trial days, while the sixth day was reserved for oral arguments on the request for subpoenas covering Duterte’s bank and tax records.

After Article IV, prosecutors are expected to present witnesses for Article I, which centers on Duterte’s alleged misuse of P612.5 million in confidential funds.

Subpoena

In the same interview, Tongol said the senator-judges may not necessarily issue a ruling on Monday, July 20, regarding the prosecution’s request for subpoenas for Duterte’s bank and tax records.

The prosecution and defense presented oral arguments on the matter Wednesday, but the senator-judges deferred action until Monday.

“Ine-expect natin na magkakaroon na ng ruling that day pero kailangan n'yo rin i-factor in na itong mga ebidensya na hinihingi ng prosekusyon ay wala namang urgency kung sasabihin natin dahil hindi pa naman ipinresenta itong mga ebidensya na ito sa Article 1,” said Tongol.

(We’re expecting that there will be a ruling that day but we need to factor in that the pieces of evidence the prosecution is requesting are not urgent. They will not present that for Article I.)

“Pagdating ng Lunes, baka may mga bagong legal theories or schools of thought na naman na lumabas sa debate at baka humingi rin naman 'yung mga senator-judges ng additional time. However, that is just in the realm of possibility. There is also the possibility na matapos 'yung incident na 'yun at makapag-resolba na 'yung presiding officer at 'yung impeachment court ng Lunes,” he said.

(By Monday, there may be new legal theories or schools of thought that may arise from the debates. If that were to happen, the senator-judges may ask for additional time to decide. However, that is just in the realm of possibility. There is also the possibility they resolve it and issue decision on Monday.)

Earlier, Senate impeachment court presiding officer Francis "Chiz" Escudero said senator-judges will be given an opportunity to question both the prosecution and defense on the motions when the impeachment court resumes on July 20. —AOL, GMA News