The Senate impeachment court will resume Vice President Sara Duterte’s impeachment trial on Tuesday, September 8, with the prosecution continuing its presentation of evidence under Article I, which centers on the alleged misuse and misappropriation of confidential funds.
The prosecution is expected to present Police Major Jovelyn Magay, whose testimony will focus on the acknowledgment receipts submitted by the Office of the Vice President (OVP) and the Department of Education (DepEd) as proof of confidential fund disbursements.
Magay is among the prosecution’s remaining witnesses for Article I, following the withdrawal of former DepEd Special Disbursing Officer Edward Fajarda due to his medical condition. The prosecution also plans to present DepEd Assistant Secretary Sunshine Fajarda and Commission on Audit Assistant Commissioner Bresildo Sabaldan
Day 23 trial begins
The 23rd day of Vice President Sara Duterte’s impeachment trial began on Tuesday, September 8.
Seventeen senators attended the proceedings as senator-judges. Senator Pia Cayetano led the opening prayer before the session formally proceeded.
Prosecution reserves right to present VP Duterte as witness
The House prosecution panel said it is reserving the right to present Vice President Sara Duterte herself as a witness in her impeachment trial.
The prosecution also announced that it will no longer present the remaining 15 witnesses for Article I, which concerns the alleged misuse and misappropriation of confidential funds.
Private prosecutor Atty. Lorna Kapunan said the evidence ultimately points to the Vice President as the person accountable for the alleged acts.
Defense invokes constitutional right against compelled testimony
Lead defense counsel Atty. Sheila Sison said the defense will oppose the prosecution’s plan to present Vice President Sara Duterte as a witness in the impeachment trial.
Sison argued that the Constitution prohibits compelling an accused to provide testimonial evidence against herself.
She cited Article III, Section 17 of the 1987 Constitution, emphasizing that the right is fundamental and absolute.
Prosecution says subpoena plan was premature
House lead prosecutor Rep. Gerville Luistro clarified that the prosecution’s earlier statement about calling Vice President Sara Duterte as a witness was premature.
Luistro said the panel has yet to formally file a motion seeking a subpoena for the Vice President.
She stressed that no formal request for the subpoena has been made at this stage.
No impeachment trial on Wednesday
Presiding Officer Chiz Escudero declared that there will be no impeachment trial on Wednesday, September 9, and Thursday, September 10, to allow the marking of more than 1,800 documents, including bank records and other records.
The prosecution also submitted 104 requests for admission related to Article II of the Articles of Impeachment against Vice President Sara Duterte.
The defense, meanwhile, requested 15 days to study and respond to the requests in accordance with the Rules of Court.
Impeachment trial to continue amid 104 requests for admission
The impeachment trial of Vice President Sara Duterte will continue while the defense reviews the prosecution’s 104 requests for admission.
Presiding Officer Chiz Escudero clarified that the 15-day period granted to the defense to file its comments does not mean the trial is suspended.
During this period, the prosecution may still present its witnesses.
"Who exactly are we counting?”: Tulfo questions who should be included in impeachment vote
Senator-judge Erwin Tulfo questioned who should be included in the voting base for the final decision in Vice President Sara Duterte’s impeachment trial.
Tulfo pointed out that several senators are absent, including one on medical leave abroad and others under the custody of the Sandiganbayan or Bureau of Jail Management.
He warned that keeping the voting base at 24 could potentially result in an “acquittal by default” due to the absence of some senators.
Cayetano questions use of Avelino v. Cuenco ruling
Senator-judge Pia Cayetano questioned the claim that the Senate has consistently used the Avelino v. Cuenco ruling as a basis for determining quorum.
She said only 12 senators previously relied on the ruling to declare that a quorum existed, and it was not adopted by the entire Senate.
Cayetano stressed that Supreme Court decisions can be interpreted in different ways and should not automatically be treated as Senate jurisprudence or rules.
Padilla stresses need to uphold the Constitution
Senator-judge Robin Padilla emphasized that the Constitution must be upheld in determining the threshold for the impeachment trial.
Padilla said the Constitution should not be altered or interpreted to fit the current situation, stressing that any amendments must follow the proper process.
He added, “Ako po ay hindi nagmamagaling dito. Ako po ay ex-convict.”
Impeachment court sets hearings with amici curiae
The impeachment court is set to hear legal and constitutional issues with the participation of amici curiae, or “friends of the court,” on September 16.
Oral arguments from the prosecution and defense are scheduled for September 23.
Presiding Officer Chiz Escudero authorized the selection of the amici curiae following consultations with both sides and the senator-judges.
Defense preserves jurisdictional objections
Lead defense counsel Atty. Sheila Sison said the defense will participate in proceedings related to Senator-judge Erwin Tulfo’s motion, but only “out of abundant caution.”
Sison stressed that their participation does not mean they are waiving any legal remedies or accepting the outcome of the proceedings.
She said the defense wants its position on jurisdiction clearly reflected in the record.
Impeachment trial adjourned until September 14
The impeachment trial of Vice President Sara Duterte was formally adjourned on Tuesday, September 8. Presiding Officer Chiz Escudero announced that proceedings will resume on Monday, September 14, at 10 a.m.
