Batangas 2nd District Rep. Gerville “Jinky Bitrics” Luistro said in a Tuesday press conference that even if Vice President Sara Duterte skipped the impeachment trial, it will proceed without her. She added that conviction and acquittal, whether Duterte or her legal counsel attends the trial, depends on the senator-judges’ ruling.
“Under the Senate rules, even if the vice president would opt not to attend—kahit hindi siya mag-attend o kahit hindi siya mag-file ng answer, o kahit walang defense team na dumating, trial will still continue,” Luistro said, adding that Duterte’s response to the charges against her and her presence would be considered an “entry of a plea of ‘Not guilty.’”
In response to whether there would be no basis to acquit Duterte should she or her defense team remain absent and evidence in her favor be withheld, the lawmaker clarified that the ruling depends on the judgement of the senator-judges.
“It will depend, really, on the appreciation and judgement of the senator-judges if the evidence of the prosecution, considering the absence of evidence of the defense, will be enough for them to render a judgement of conviction,” she said.
Although the vice president may choose not to attend the trial or send her lawyers to represent her, Luistro said she believes this might prove disadvantageous for her as the complainant’s evidence will remain undisputed.
“I believe it will be disadvantageous for her if she will not be presenting her evidence, because there’s already evidence presented by the complainant and the same will be presented before the impeachment court. If this evidence will continue to be unrebutted, uncontroverted, there is a possibility that the senator-judges will be appreciating the evidence in favor of conviction,” she said.
The member of the House prosecution team expressed confidence in the strength of their evidence, although she emphasized that the final decision would still be the senator-judges—which the Filipino people will get to witness.
“As far as we are concerned, the evidence of the prosecution is strong. Pero kung dadating ‘yung sitwasyon na ebidensya lang ng prosecution ang malalatag, at walang ebidensyang mailalatag ang defense—perhaps for the reason that they will not appear—that will be an exclusive judgement of the senator-judges. But of course, the sovereign Filipino people will be watching,” she said.
On Monday, the Senate convened as an impeachment court and summoned Duterte, ordering her to file an answer to the charges against her. Her camp acknowledged the order and said it would comply.
