HOUSE PROSECUTION TEAM READY TO CROSS-EXAMINE VP SARA

THE House prosecution panel is ready to cross-examine Vice President Sara Z. Duterte if she chooses to testify during her impeachment trial before the Senate, House prosecutor and Akbayan Party-list Rep. Jose Manuel “Chel” Diokno said on Monday.

In a press briefing, Diokno said the decision whether Duterte will testify ultimately rests with her and her defense team.

“That’s entirely the call of her defense panel. But we are ready to cross-examine her if she comes out and testifies,” said the lawyer-legislator.

He added that the impeachment court would benefit from hearing Duterte personally explain the statements that gave rise to one of the impeachment charges against her.

“Nasa sa kanya po ‘yan. That’s the call of her lawyers and herself,” Diokno reiterated when asked whether Duterte should take the witness stand to address allegations that she threatened President Ferdinand R. Marcos Jr., First Lady Liza Araneta-Marcos and former Speaker Martin Romualdez.

“However, I think that for the court to have a full appreciation of what she is claiming, then the court, I think, would benefit from hearing her explain personally why she said those things that we all saw,” said Diokno.

Diokno also noted that Duterte had been invited to attend the House Committee on Justice hearings on the impeachment complaints, but did not appear.

“Maski noong Committee on Justice proceedings, if you recall, every time nagkaka-hearing, ina-invite ng committee si Vice President,” he said.

“At ito na rin ang pagkakataon niya na ipaliwanag ‘yung kanyang mga depensa at ‘yung mga sinasabi nga niya sa media pa lang so far,” he added.

Private prosecutor Benjamin “Jay” Tolosa Jr. said the Senate Rules of Procedure on Impeachment Trials expressly require the respondent to file an answer and appear before the impeachment court.

“And just to clarify, under the rules, it’s expressly stated there that the impeachment court shall require the respondent to both file an answer and appear in court,” explained Tolosa.

He noted, however, that while Duterte has already filed her answer, the impeachment court has yet to issue an order requiring her personal appearance.

“So far, in the issuances of the impeachment court, that second part, requiring her to appear, has not been done. So we will wait for the impeachment court when it will find it appropriate to require her to do so,” Tolosa said.

Article IV of the Articles of Impeachment alleges that Duterte contracted an assassin, made grave threats against President Marcos, the First Lady and former Speaker Romualdez, and incited to sedition.

“The Vice President also faces allegations of misuse of confidential funds, bribery of Department of Education personnel and unexplained wealth. The Senate impeachment court is scheduled to begin trial on July 6.

 DISMISSING IMPEACH CASE WITHOUT TRIAL WOULD VIOLATE CONSTITUTION – SOLON

 House prosecutors also on Monday said dismissing the impeachment case against Duterte before trial and without hearing evidence would violate the Constitution.

According to Diokno, the Senate’s duty as an impeachment court is to hear the case and render judgment only after evaluating the evidence.

Asked whether it would be unconstitutional for the Senate to entertain a motion to dismiss before trial, House prosecutor and Akbayan Party-list Rep. Jose Manuel “Chel” Diokno said the prosecution’s position has remained unchanged since the impeachment complaint was filed.

“Our position has always been, and this dates back to last year, that the function and duty of the Senate is to conduct a trial, to hear the evidence and then come up with a decision,” Diokno said during a press briefing.

“Iyan lang dapat ang maaaring gawin ng ating Senado bilang impeachment court. Iyan ang position po namin,” he added.

Mamamayang Liberal Party-list Rep. Leila de Lima said dismissing the case before the presentation and evaluation of evidence would run contrary to both the letter and spirit of the Constitution.

“Just to be clear, it would go against the letter and spirit of the Constitution if madi-dismiss at this point even before the trial itself, even before the presentation of evidence and evaluation of evidence,” stressed De Lima.

Newly designated private prosecutor Mae Divinagracia likewise said it is premature to seek the dismissal of the impeachment case before the prosecution has even been allowed to present its evidence.

“It’s premature. Kasi kailangan munang tingnan ng impeachment court kung talagang merong ebidensya o wala,” Divinagracia said.

“Hindi sila pwedeng magsabi na walang ebidensya na hindi binibigyan ng pagkakataon ang prosecution na ilatag ang mga ebidensyang pinrepare nito,” she added.

Fellow private prosecutor Reynaldo Robles echoed that position, saying the defense’s claim that there is no evidence “does not make sense” because the trial has yet to begin.

“Kaya tayo may trial para magkaroon ng pagkakataon ‘yung bawat panig, both ‘yung prosecution at ‘yung defense, para i-presenta ‘yung kani-kaniyang ebidensya,” Robles said.

“Yung sinasabi po ng depensa na walang ebidensya, it does not make sense because the reason we have a trial is for both parties to present their evidence,” he added.

Robles also noted that neither the Constitution nor the Senate Rules of Procedure on Impeachment Trials provides for the dismissal of an impeachment case without trial.

The Senate impeachment court is scheduled to begin trial on July 6.