Lawyer and Akbayan party-list Rep. Chel Diokno said it is possible for both the prosecution and defense in the impeachment case against the vice president to present the same witnesses and documentary evidence, though for different purposes.
Speaking on DZRH’s Dos Por Dos, Diokno said there are “common witnesses and common exhibits” between the two sides, including documents intended to support their respective arguments.
“Meron din. Hindi lang po testigo. Pati mga dokumento, yung mga exhibit kung tawagin, marami pong common witness at common exhibit,” Diokno said.
He explained that each side determines which witnesses to present, while the opposing side has the right to cross-examine them during trial.
“Ang layunin nila sa pagtatawag ng witness kahit sabihin natin na common witness yun, ay iba ang objective nila sa objective namin,” said Diokno.
“Kung let's say i-upo namin ng isang testigo at na-i-cross-examine na nila, maaring hindi na kailangan na tawagin pa nila ulit bilang testigo,” he added.
Diokno said pre-trial discussions on witnesses and evidence are facilitated by the clerk of court, not the impeachment court itself. The clerk, he noted, does not have the authority to settle disagreements and instead reports them to the impeachment court for resolution.
“Ang umuupo at nakikinig sa amin ay hindi naman yung impeachment court kundi yung clerk of court… Wala po siyang kapangyarihang magdesisyon o magpasya kung hindi nagkakasundo ang magkabilang panig,” the lawmaker explained.
Any unresolved matters may be addressed when the impeachment court reconvenes on July 6, he added.
Diokno also said that even if both sides list the same witnesses, their objectives in presenting them may differ.
He noted that if a witness is presented first by the prosecution and cross-examined by the defense, the latter may no longer need to call the same witness.
On the possibility of undisclosed or “surprise” witnesses, Diokno said none have been identified so far. He cited the impeachment trial of former President Joseph Estrada, where a previously unknown witness was later allowed to testify with the court’s permission.
Such a situation could still happen if a crucial witness emerges, he said, but stressed that both sides are generally required to disclose their witnesses and evidence.
Diokno asserted that both sides cannot hide witnesses from each other, adding that any attempt to do so would likely be uncovered during proceedings.
“Magkakabistuhan yan. Bawal po siya magkabilang panig na gumawa ng ganyan.”
