VP Camp: Prosecution Had Its Chance, But Failed

The camp of Vice President Sara Duterte said the House prosecution team “had its chance but failed” in her Senate impeachment trial as the defense team takes its turn to present its evidence and witnesses beginning on Monday, Nov. 9.

Duterte spokesman Paolo Panelo hit back at the prosecution, particularly veteran lawyer Lorna Kapunan, over her statements during a press conference that Duterte’s “end is near.”

“We apparently live in two worlds. One where due process and fairness still reign – where an accused is not condemned before she is heard, and where allegations must be proven with clear and convincing evidence presented in court. The other is wherever Atty. Lorna Kapunan and her colleagues have decided these rules no longer apply,” Panelo said.

Kapunan said the defense team was running out of excuses after the impeachment court formally admitted into evidence the statements of assets, liabilities and net worth (SALN) and Anti-Money Laundering Council (AMLC) records of the Vice President and her husband Manases Carpio while denying the prosecution’s plea to include Commission on Audit (COA) reports regarding her controversial confidential funds.

“One world seeks the truth. The other desperately tries to persuade an increasingly skeptical public with asinine sound bites built on half-truths and malicious speculation, spewed out in daily, obtrusive and nauseating press briefings and interviews,” Kapunan added.

In a 21-page order issued on Thursday, Nov. 5, presiding officer Sen. Francis Escudero resolved the prosecution’s formal offer of documentary evidence on Article II (unexplained wealth), defining the exact legal parameters of the trial.

“The prosecution had its chance. It failed. On Monday, the Vice President begins her defense,” Panelo added.

To evaluate the Vice President’s wealth, the court admitted volumes of financial, corporate, tax and property documents dating from 2007 to 2021, overruling the defense’s continuing objection against the use of records that pre-date Duterte’s vice presidency.

However, the tribunal imposed a strict limitation on how these older documents can be used by the senator-judges.

No delay

The House prosecution said it will oppose attempts to prolong the impeachment trial, according to its spokesman Jay Tolosa Jr.

He said delays could arise if the defense insists on presenting evidence on the three withdrawn Articles of Impeachment (confidential funds, bribery and grave threats) or demands the full 30 trial days originally allotted for all four articles.

“It will not serve any legitimate purpose,” Tolosa said at the Saturday News Forum in Quezon City.

“If they still present evidence on the articles that were already dropped, it will only cause delay in this case,” he added.

Only Article II, which covers allegations of unexplained wealth, remains. Tolosa said the defense no longer needs the 30 trial days originally allotted for all four charges.

“It’s reasonable that this should be accordingly decreased now, considering that only one article remains,” he said.

He said preventing unnecessary delays was among the reasons the prosecution narrowed the case to a single article.

The defense has identified an initial batch of 24 prospective witnesses and is expected to submit more names.

Tolosa stressed that Duterte should be given sufficient opportunity to present her defense, but the proceedings should not be prolonged indefinitely.

“It should not be open-ended,” he said.

The prosecution is considering asking the impeachment court to reduce the defense’s allotted trial days, either during Monday’s hearing or through a written submission.

Tolosa said prosecutors may also agree on undisputed facts to avoid lengthy testimony from bank representatives called merely to identify letters allegedly sent by Duterte or her husband.

The court has authorized the defense to adopt already admitted exhibits without presenting the same documents again.

Tolosa also expressed hope of resolving the sole remaining article “hopefully before the end of the year.”

Any adjustment to the defense’s presentation period, however, remains subject to the impeachment court’s approval.

Whole-day trial

Impeachment court spokesman Reginald Tongol said the court is ready to hold whole-day trial dates from Nov. 9 to 13 to hear up to 24 witnesses from the defense team.

Speaking to radio dwIZ, Tongol said the afternoon plenary session will be held tomorrow and on Nov. 11 after the morning trial, but the court may still convene after to allow the defense to present counter-evidence.

Whole-day trials will also be held on Nov. 10 and 12 to 13.

The witnesses include officers from BDO Unibank, Bank of the Philippine Islands, EastWest Bank, Landbank of the Philippines, Metropolitan Bank and Trust Company, Philippine Savings Bank, Security Bank and UnionBank of the Philippines, which are among the banks the prosecution earlier presented.

Tongol said the defense camp’s turn to refute the prosecution’s evidence would allow the senators to make an informed decision in their verdict, which is targeted to be rendered before year-end.

The defense will reveal its witnesses for the other whole-day trial dates this month – Nov. 19 to 20 and 23 – when the appropriate time comes and with a five-day notice, Tongol said.

The court will decide on the December trial dates depending on the pace of the presentation of defense evidence. – With additional reports from Daphne Galvez and Marc Jayson Cayabyab