Senate Impeachment Court, Panels Discussing Changes to Trial Flow

MANILA, Philippines — Discussions are underway regarding potential changes to the evidence presentation flow in the impeachment trial of Vice President Sara Duterte, with a private prosecutor confirming that the Senate Impeachment Court has sought opinions on the matter. Lawyer Benjamin Tolosa Jr., one of the private lawyers acting as counsel for the prosecution team, confirmed in an online press briefing on Friday that the court has asked both the prosecution and defense for their opinions on shifting from the original procedure. The original flow involved the prosecution presenting all its allegations contained in the Articles of Impeachment first. The proposed shift could allow the defense to discuss its evidence immediately after the prosecution rests its case. If the new schedule is adopted, following the prosecution's conclusion on Article IV (allegations of grave threats), the defense would be allowed to present evidence for the same article. This contrasts with the original plan, which was to have the prosecution begin tackling Article I, concerning the misuse of confidential funds. “There are ongoing discussions about this, but I hope you can understand. I can’t give more details about it at this point, but let us wait as to what will be the decision of the impeachment court regarding this matter, which we expect to know by next week,” Tolosa told reporters. He also confirmed that the issue was brought up by the presiding officer, and the opinions of both sides were solicited. “But again, I hope you understand, I can’t give more details about it at this time.” Tolosa also confirmed that if the new flow is adopted, the original schedule for the prosecution’s presentation of Article I, previously slated for Wednesday, July 29, will be pushed back. “If that will be the decision, this means that the defense will be asked to present its evidence regarding grave threats. But as of now, what we are doing is we’re working under the assumption that we will proceed with the presentation of evidence about the confidential funds issue,” he stated. He added, “As far as I’m aware, there is still no definitive agreement on that, and the deliberation on this matter is still ongoing. If I am not mistaken, we have until next week to inform the court about our decision on the matter.” The Senate Impeachment Court has scheduled 92 trial dates for Duterte’s impeachment. The prosecution requested 62 days for witness presentation, while the defense sought 30 days. However, the prosecution agreed to calls for expediting discussions, presenting only three witnesses—all National Bureau of Investigation (NBI) personnel, including Director Melvin Matibag—for Article IV. This resulted in the consumption of only six days out of the 11 days requested by the prosecution for Article IV. The remaining three days were used for administrative matters and oral arguments on the prosecution’s request for a subpoena on Duterte’s tax and bank records. Article IV deals with Duterte’s alleged threats against President Ferdinand Marcos Jr., First Lady Liza Araneta Marcos, and former House of Representatives Speaker Ferdinand Martin Romualdez, made during an online press briefing on November 23, 2024. These threats were made while Duterte criticized the House of Representatives for detaining her chief-of-staff, Undersecretary Zuleika Lopez, who was cited for contempt by a panel probing confidential fund misuse within the Vice President’s offices. During the briefing, when asked by a vlogger to take care as she might be in danger, the Vice President reportedly replied, urging people not to worry as she had spoken to someone about killing the Marcos couple and Romualdez if she herself were killed. The defense panel maintains that Duterte’s statements were part of free speech. However, several government officials and the prosecution team believe it constituted a grave threat, regardless of whether the Vice President executed a contract with an assassin. After Article IV, the prosecution wants to present Article I, the confidential fund misuse issue. /mr