Defense questions ex-Sandigan presiding justice as witness

MANILA, Philippines — The defense panel has questioned the decision of the prosecution to present retired Sandiganbayan presiding justice Amparo Cabotaje-Tang as the Senate impeachment court tackles the article on the alleged unexplained wealth of Vice President Sara Duterte.

In a manifestation, defense lawyer Mark Vinluan said the presentation of Cabotaje-Tang is improper.

“This is the first time that the Vice President is being confronted with Justice Tang and her testimony. For the record, she is not listed in the pre-trial order as a witness and there is no reservation for a witness with her designation or background,” said Vinluan.

“So, for all intents and purposes, Justice Tang is a surprise witness, which violates fair play and is prohibited under the rules,” Vinluan said.

“In light of the foregoing, we will move for the exclusion of the testimony of Justice Tang and will submit to this Court’s discretion as to the presentation of her testimony,” Vinluan said.

He added that the prosecution did not even furnish the defense with copies beforehand, saying that this is already the third time that the prosecution has attempted to present a witness without first furnishing the defense with the materials to be used.

“We don’t know her personal background, and we don’t know the extent of her testimony and the documents that she will identify, if any,” Vinluan noted.

According to Vinluan, the notice on Sept. 9 was only to Cabotaje-Tang’s name, previous official function and general purpose of her testimony.

He said it is the position of the defense that the presentation of Cabotaje-Tang infringes on the Vice President’s right to intelligently cross-examine her.

“And more importantly, (it) violates the Vice President’s constitutional right to due process, particularly her right to be promptly and completely informed of the nature and cause of the accusation against her,” he added.

Vinluan noted that in the Philippines, being a legal expert is not an official designation and is quite subjective.

“We don’t know the extent of her legal knowledge, her political background, whether she’s neutral, DDS, loyalista or kakampink, which is hardly distinguishable nowadays,” he noted.

Presumption of innocence

The defense maintained that the Vice President enjoys presumption of innocence as the prosecution is “hellbent” on removing her from office.

During cross-examination of Cabotaje-Tang, Vinluan stressed that it is not the prosecution’s primary duty to convict.

“The prosecution should not be too eager to convict. Vice President Sara enjoys the presumption of innocence, correct?” Vinluan said.

He said that if the prosecution fails “to discharge this burden,” Duterte is entitled to an acquittal.

“At any rate, conviction must be based on the strength of the prosecution and not the weakness of the defense,” Vinluan added.

Cabotaje-Tang agreed with Vinluan but based on the point of view of criminal lawyers.

Oral arguments

The defense is ready for the oral arguments on the two-thirds threshold to convict the Vice President.

Defense spokesman Michael Poa said they have decided who will represent Duterte during the oral arguments but will not disclose the name.

Impeachment court spokesman Reginald Tongol said the Senate impeachment court will need 11 votes from the active roster of 20 senators to overturn the ruling setting the conviction threshold at 16 votes in Duterte’s impeachment trial. — Marc Jayson Cayabyab