Public prosecutor Rep. Gerville Luistro suggested on Tuesday that Vice President Sara Duterte’s defense team present its counter-evidence through other platforms after the prosecution decided to drop three of the four impeachment articles.
“If the desire of the defense is to be able to share all the pieces of evidence that they have, there are a lot of platforms which they may consider, your Honor, if the intention only is to share this publicly,” Luistro said.
The statement came after Duterte’s lawyers raised concerns about their inability to present witnesses and evidence during the proceedings concerning the prosecution’s allegations under Articles I, III and IV of the impeachment complaint.
Luistro later explained that the suggestion stemmed from Duterte’s approach throughout the proceedings, during which she shared her views on the trial through social media and press conferences.
Since the start of the impeachment proceedings at the House of Representatives, Duterte has not physically participated in the hearings and has instead been represented by members of her legal team.
‘Ridiculous suggestion’
In response, lead defense lawyer Atty. Sheila Sison described the prosecution’s proposal as ridiculous, arguing that the defense should not be told to seek other platforms after the Vice President had faced three months of hearings.
Sison called the offer “unacceptable” and “unbelievable,” particularly as she claimed the prosecution had damaged Duterte’s reputation during the proceedings.
“After they destroyed the Vice President in front of the public, and now what they’re saying is they’re helping the public to expedite the process,” the lawyer said.
“I think we don’t need further proof that something really, really wrong is going on here,” she added.
Sison also argued that the prosecution’s decision to drop three impeachment articles was its own responsibility and should not dictate how the defense would proceed with its case.
She questioned the use of government resources for the proceedings and argued that the withdrawal of the three articles could be grounds for dismissing the entire impeachment case.
Sison warned that any action taken by the impeachment court on the motion could set a dangerous precedent for future impeachment proceedings and other public officials.
Luistro says defense rejected earlier proposal
In response, Luistro said Duterte’s camp had placed itself in a difficult position by rejecting an earlier proposal to present evidence alternately for each impeachment article.
Luistro was referring to a proposal by senator-judge Bam Aquino that would have allowed the prosecution and defense to present their evidence and witnesses alternately before proceeding to the next allegation.
“That alternate presentation of the article should have resolved the dilemma, the predicament that the defense is raising right now,” she said.
Luistro also questioned the need for the defense to present evidence before the impeachment court, saying there was no “adjudicative purpose” after Senate President Francis “Chiz” Escudero, the presiding officer, ruled in favor of the prosecution’s motion.
“Now I ask, what purpose would there be to present evidence in the face of this court if the case related to grave threats, confidential funds, and bribery have been pushed back,” Luistro said.
Responding to Sison’s claim that the proceedings showed Duterte was being persecuted, Luistro said such a view undermined the efforts of the private prosecutors who had assisted the 11-member prosecution team throughout the process.
She also said prosecutors had observed that the defense team appeared to have failed to show “decorum and courtesy” toward the prosecution and the impeachment court.
“In this light, your Honor, we hope that the impeachment court will remind the defense that while we are adverse parties we are bound to extend the necessary decorum and courtesy in this impeachment court,” Luistro said.
Following the development, Escudero gave the prosecution panel 10 days to submit its formal offer of evidence before the defense begins presenting its case.
The presiding officer set 9 November as the date for Duterte’s lawyers to call their first witness in the proceedings concerning allegations related to the Vice President’s alleged unexplained wealth.
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