The House prosecution panel on Thursday, August 27, said senator-judges may decide on the impeachment case against Vice President Sara Duterte based on the Commission on Audit’s (COA) findings and other evidence already presented before the impeachment court, even as some audit matters remain pending.
The statement came after Senator-Judge Juan Miguel "Migz" Zubiri raised concerns over the difficulty of deciding the case without a final COA finding on some of the confidential fund transactions.
Rep. Zia Adiong, a prosecution spokesperson, acknowledged Zubiri’s position, saying the senator-judge appears to be seeking additional evidence to ensure that the Senate’s eventual decision is based on a complete and impartial assessment.
“Ang kanyang pananaw is that para mabigyan sila ng mas malawak pa na ebidensya at pag-intindi para sila ay magbase ang kanilang magiging decision doon sa ebidensya mismo at para ma-promote yung impartiality,” Adiong said.
However, Adiong pointed out that the impeachment court has the authority to obtain documents on its own initiative when necessary. He cited the ruling of the Supreme Court mentioned by the presiding officer, Senate President Chiz Escudero, which recognizes the impeachment court’s ability to request documents motu proprio.
Adiong said the senators’ apparent willingness to seek additional evidence reflects the developments in the testimony and documents presented during the trial.
“I think nagpapakita lang ito yung pagiging aggressive na this time ng mga senador dahil sa mga ebidensyang lumalabas,” he said.
He cited the contrasting testimony of prosecution witnesses Gina Acosta and Ortonio, saying their statements have become relevant to the question of who allegedly authorized the handling of the confidential funds.
According to Adiong, Acosta testified that Duterte ordered the release of funds, while Ortonio said he had no knowledge of the transactions.
He also raised concerns over the alleged involvement of an individual who, according to the prosecution, was not an employee of the Office of the Vice President and was allegedly not an accountable, bonded officer.
“Ibig sabihin, pinagkatiwalaan sa isang tao na hindi accountable, officer at hindi bonded,” Adiong said.
Adiong maintained that the prosecution believes accountability has already been established through witness testimony and documentary evidence submitted to the impeachment court.
“Na-establish na yung accountability based on the testimony of the witnesses and based on the documents that we have presented to the court,” he said.
He added that the key issue now is determining the amount of public funds allegedly misused.
“The question now is how much money is involved? How much money has been misused? ’Yun ang gustong makita ng ating mga sitting senators, particularly si Senator Migz Zubiri,” Adiong said.
Adiong also expressed support for the resolution of pending COA appeals, saying the prosecution understands the desire to expedite the audit process and determine the final findings.
The prosecution panel has maintained that the COA proceedings and the impeachment trial operate under different standards, with the Senate impeachment court ultimately determining whether Duterte’s actions constitute betrayal of public trust.
