VP Sara Skips Impeachment Trial Start, Cites Legal Strategy and Rights

Vice President Sara Duterte did not attend the start of her impeachment trial yesterday, stating that “the decision to personally testify is a matter of legal strategy and constitutional rights.” She said it is the prosecution that carries the burden to prove its allegations in the Articles of Impeachment. “Choosing to appear through counsel rather than testify personally does not diminish accountability or imply a lack of transparency. The integrity of an impeachment trial depends on adherence to the rule of law – not on whether the respondent personally takes the stand,” she said. “At all times, public officials are best served by keeping their personal opinions to themselves and relying instead on the law, established policies, scientific evidence and objective facts when addressing matters of public concern,” she added. President Marcos had said that if he were the one impeached, he would “insist” on attending the trial. “The opinion of a President in an impeachment proceeding is of no importance. Impeachment proceedings must be guided by the Constitution and due process,” she said. Duterte issued the statement in reaction to Marcos’ answer to a question during a press conference in Vancouver, Canada, if he thinks the accused should attend the impeachment trial. The President responded that it is up to the accused whether or not she feels the need to appear. “But if I’m just trying to put myself in that position, I would probably… myself, if it was me being accused, I would almost insist, over the advice of lawyers, if they advise me not to appear, I would insist on appearing. Since I can answer it, let’s go ahead and answer it,” Marcos said. Duterte’s defense team said that while they respect the President’s opinion, the Vice President is not required to physically attend the hearings and that it would only depend on the course of the trial. In an interview with “Unang Hirit,” Michael Poa, spokesman for Duterte’s defense team, said, “We respect the opinion of the President. We are just focused on our defense. Whatever the advice of the defense team to the Vice President, that is privileged information. “We have repeatedly said that the physical attendance of the Vice President would depend on the course of the trial… I also think that the people should also know that the Vice President is not required to physically attend,” Poa said. As to the duration of the impeachment trial, which has been set for 92 trial days, Poa explained that this would also depend on the evidence to be presented by the prosecution. “The first to present their evidence is the prosecution. It would depend on our assessment if, based on their presentation, how many witnesses do we need to present or if we need to present (a witness) at all,” Poa said. He said that neither the prosecution nor the defense would want to prolong the trial. “But we cannot be definitive at this moment because the defense team would just wait on what evidence would be presented by the other side. We would assess if we need to respond with a witness or a document.” Poa reiterated that the mandate of the defense team is to protect the rights of its client (Duterte) and for the people to understand that the allegations raised against her have no basis. Former presidential spokesman Salvador Panelo said yesterday the Vice President is not legally required to personally attend the trial, stressing that the burden of proving the charges against her rests on the prosecution. Speaking to reporters at the Senate, Panelo said Duterte may choose not to appear because “the presumption of innocence applies” to her. “The burden of proof lies with the prosecution. They have to present evidence. If there’s no evidence to present, what is there to rebut or disprove?” he said. Panelo, who said he was invited to observe the proceedings, maintained that the constitutional requirement for conviction remains two-thirds of the Senate’s full membership. “The Constitution is very clear. The two-thirds vote (16) should be based on the 24 senators. No senator has died, resigned or been removed, so the number remains 24,” he said. He added that even if only 21 senators participate in the proceedings, the required votes for conviction would still be based on the chamber’s full membership. Panelo said Duterte’s absence would not necessarily affect the proceedings, adding that the senators are well aware of the allegations and evidence surrounding the case. — Diana Lhyd Suelto