MANILA, Philippines — The legal team for Vice President Sara Duterte might not require the entire 30 days requested to present its evidence, given that several individuals on its witness list have already taken the stand and undergone cross-examination.
During a radio interview on Sunday, September 27, House prosecution panel member and spokesperson Atty. Benjamin “Jay” Tolosa Jr. explained that the defense must establish clear justification if it intends to recall witnesses who have already been questioned.
”So, as a rule, hindi ho puwedeng basta-basta na lang ipatawag mo yung same na testigo lalo na’t nakapag-cross-examine na sila sa mga ’yan. Kailangan i-justify,” Tolosa stated. “So if you’ll consider that maaaring mas mabawasan yung hinihingi ho nila na thirty days.”
The pretrial order of the Senate impeachment court contains 45 defense witnesses, 17 of whom are also listed by the prosecution. Although the defense suggested 30 session dates, Tolosa pointed out that it remains uncertain if they will present evidence at all, noting they might opt to file a demurrer to evidence first.
”But sa isang banda hindi din natin sigurado kung magpipresenta sila ng ebidensya dahil nga ah ilang beses na sa pagdinig although they’re not saying that’s what they’re doing, but they’re saying that they may, you know, file, move for demurrer, meaning just ask for dismissal muna before presenting evidence,” he remarked.
A demurrer would seek an immediate dismissal of the impeachment charges based on the argument that the prosecution failed to establish sufficient evidence, bypassing the need for the defense to call witnesses. Duterte’s legal counsel indicated they will evaluate this option once the prosecution formally concludes its presentation.
”So ang mahirap hong masabi at this point para sa amin yung hong oras na gugugulin ng depensa,” Tolosa added. “But we’re hoping ho before the end of the year tapos na to lahat.”
The prosecution panel has already wrapped up its presentation for Article IV, which covers alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta-Marcos, and former House Speaker Martin Romualdez, as well as Article I, concerning alleged confidential fund irregularities.
Proceedings are currently centered on Article II, which involves claims of unexplained wealth and undisclosed business interests inconsistent with official income. The prosecution still has to tackle Article III, involving alleged monetary gifts to Department of Education officials to bypass procurement regulations.
To streamline the proceedings, prosecutors have also begun reducing their witness list, including waiving the testimony of a Civil Service Commission official after determining the matter had been adequately addressed by previous testimonies.