How Sara Duterte impeachment prosecutors are preparing for trial
by Renalyn Ramirez · philstarMANILA, Philippines — With pre-trial set to begin on June 15 and trial proper on July 6, House prosecutors are preparing for the impeachment proceedings against Vice President Sara Duterte.
Rep. Gerville Luistro, the lead prosecutor, said preparations for the trial are in "full swing."
Who are the House prosecutors?
The 11-member prosecution team was elected by the House of Representatives on May 12, days before the Senate convened as an impeachment court on May 18.
The prosecution panel members are:
Their spokespersons named on May 18 are:
- Kabataan Partylist Rep. Renee Co
- Lanao del Sur Representative Zia Alonto Adiong
The 24 senators, including Sen. Ronald "Bato" dela Rosa, will serve as senator-judges, although Dela Rosa’s physical attendance is unlikely as authorities are tracking him to enforce an arrest warrant from the International Criminal Court.
Preparations
As of Tuesday, May 26, House prosecutors had disclosed some general details about their trial preparations.
Article assignments. The House prosecution panel on May 19 bared the assigned prosecutors for the four Articles of Impeachment against Duterte.
For Article 1, which accuses Duterte of misusing P612.5 million in confidential funds, the assigned prosecutors are:
- Rep. Gerville Luistor - lead
- Rep. Joel Chua - second lead
- Rep. Leila De LIma
- Rep. Chel Diokno
- Rep. Terry Rion
- Rep. Lorenz Defensor
- Rep. Jonathan Keith Flores
- Rep. Rodge Rodriguez
- Rep. Lordan Suan
For Article 2, which accuses Duterte of unexplained wealth and betrayal of public trust, the assigned prosecutors are:
- Rep. Terry Ridon - lead
- Rep. Chel Diokno - second lead
- Rep. Gerville Luistro
- Rep. Leila De Lima
- Rep. Joel Chua
- Rep. Jonathan Keith Flores
- Rep. Rodge Gutierrez
- Rep. Lordan Suan
- Rep. Arlene Bag-ao
For Article 3, which accuses Duterte of bribery for allegedly giving cash to Department of Education officials, the assigned prosecutors are:
- Rep. Joel Chula - lead
- Rep. Rodge Gutierrez - second lead
- Rep. Ysabel Zamora
- Rep. Arlene Bag-ao
For Article 4, which deals with Duterte’s threats against the president and first lady, the assigned prosecutors are:
- Rep. Lorenz Defensor - lead
- Rep. Leila De Lima - second lead
- Rep. Gerville Luistro
- Rep. Ysabel Zamora
Early witnesses. The prosecution team already has an initial list of witnesses for the impeachment trial, Ridon said Monday, May 25.
Among them are officials from the Anti-Money Laundering Council, the Securities and Exchange Commission, the Ombudsman and the National Bureau of Investigation.
Prosecutors are also considering calling the Bureau of Internal Revenue in connection with the tax records of Duterte and her husband.
"Even without the BIR box, I think we can secure a conviction on unexplained wealth. But presenting the BIR documents would corroborate much of what had been discussed," Ridon was quoted as saying in an Inquirer report.
Validating numbers. Prosecutors are working with financial experts to analyze financial documents that will serve as evidence in the impeachment proceedings.
"We’re validating the numbers," Ridon said.
Among the evidence Ridon referred to were Duterte’s alleged undeclared wealth in her Statement of Assets, Liabilities and Net Worth, and the P6.7 billion worth of bank transactions involving Duterte and her husband.
Hostile witnesses. Hostile witnesses may also be fielded for the trial. These are individuals called by either the defense or prosecution whose testimony may be adverse to opposing side's legal position.
Prosecutors said that they are preparing witnesses who are willing to testify for the prosecution while being close to the vice president.
"We are still exploring, but I can think of at least three to four hostile witnesses," Gutierrez said in an interview on ANC.
Volunteer private prosecutors, law firms. The panel is also reviewing offers from private prosecutors and law firms willing to help in the trial.
"I know many people, and their participation is voluntary. That is also a big help," Chua said on ANC in Filipino. "Hopefully, by next week or in the next two weeks, we can finalize the list."
"You would be surprised, some of them are prominent," he added.
Private prosecutors are already coordinating with the prosecution panel, Gutierrez said.
"There are many more who are still—not really applying—but offering their services, their help. They are offering to help out," Gutierrez added.
No to remote-voting proposal. The prosecutors rejected the proposal to allow senators to participate remotely in the impeachment proceedings.
Sen. Rodante Marcoleta had proposed amending rules to allow senators to vote by video conference, amid Dela Rosa’s absence.
Chua and Gutierrez rejected the idea, saying senator-judges must be physically present for the trial.
Fight against disinformation. For Rep. Chel Diokno, prosecutors must also address disinformation surrounding the impeachment trial.
“That is a very big problem. Whether you speak of impeachment or other big issues our country is facing, that’s always been a problem,” Diokno said in Filipino in an interview with One News.
He was referring to a video Sen. Imee Marcos presented at Senate plenary on Monday, May 25.
“We can anticipate that as the impeachment trial goes near and even while the case is being tried, that will be rampant,” he added.
Mock trials. Prosecutors are holding mock trials—an exercise Rep. Gerville Luistro said would help panel members. Though all of them are lawyers, some have limited courtoom experience.
“It’s like we returned to Bar review, because we needed to read again the rules of evidence, the trial techniques and we need to prepare the necessary questions,” she was quoted as saying in a STAR report.
The prosecution panel has maintained confidence that evidence against the vice president is sufficient to secure conviction.