House prosecutors widen witness list to 57 ahead of VP impeachment trial

By Pexcel John Bacon

THE House prosecution panel has expanded its list of potential witnesses to 57 from 25 ahead of the impeachment trial of Vice-President (VP) Sara Duterte-Carpio, citing the need to preserve all evidence that may be presented before the Senate impeachment court.

Batangas Rep. Gerville R. Luistro, the lead prosecutor, said the expanded witness list was included in the panel’s pre-trial submissions to ensure that no testimony or evidence would be excluded under impeachment rules governing the presentation of witnesses and exhibits.

“We became very conscious of the rule that witnesses and exhibits not marked or presented during pre-trial may no longer be allowed later,” Ms. Luistro told DZBB radio, according to a statement released by her office on Tuesday.

The witness list covers evidence related to the four articles of impeachment against Ms. Duterte, including allegations involving confidential funds, unexplained wealth, bribery and threats against senior government officials.

“As to the number of witnesses, the final number is 57,” Ms. Luistro said, adding that the list has been finalized for pre-trial purposes.

She clarified, however, that the prosecution has not yet decided how many of the 57 witnesses would eventually testify during the trial proper, which is scheduled to begin on July 6.

“Of course, it is the discretion of the prosecution whether all 57 witnesses will ultimately be presented during the trial,” she said.

The prosecution panel said the expanded roster was intended to avoid the risk of excluding relevant evidence later in the proceedings. Under impeachment rules, parties are generally required to identify witnesses and mark documentary evidence during pre-trial, limiting the introduction of so-called surprise witnesses.

Meanwhile, citizen monitoring group Bantay Senado called on the Senate impeachment court to open the June 18 pre-trial conference to the public and media, arguing that transparency is a constitutional requirement in impeachment proceedings.

The Senate’s notice for the conference stated that the pre-trial would not be open to the public or the media, saying the arrangement would provide both parties with the “widest freedom and latitude” during the process.

Bantay Senado said the pre-trial stage is a critical part of the proceedings because it determines the issues to be tried, identifies witnesses and formally marks evidence that may be presented before the court.

“The impeachment trial of a sitting Vice-President is not a private legal dispute between two parties,” Bantay Senado convenor and spokesperson Cleve V. Arguelles said in a statement. “It is a constitutional process conducted in the name of the Filipino people.”

“Every stage of that process — including the pre-trial — must be conducted transparently,” he added.

The group said it does not take a position on the merits of the case against Ms. Duterte and is not aligned with either the prosecution or the defense. It said its call is based on the public’s right to information on matters of national importance.

Michael T. Tiu, Jr., an assistant professor at the University of the Philippines and a contributing legal expert of Bantay Senado, said impeachment proceedings are matters of public concern and should generally be accessible to the public.

“Closing it to the public and media without compelling constitutional justification may raise serious questions about the court’s commitment to due process and open justice,” Mr. Tiu said in the statement.

Bantay Senado urged the Senate impeachment court to reconsider its notice and allow public access to the June 18 pre-trial conference.

Meanwhile, Party-list Rep. James Mark Terry L. Ridon said more than 50 firearms registered under the names of the Vice-President and her husband, Manases “Mans” R. Carpio, could indicate a higher net worth than what was declared in their statements of assets, liabilities and net worth (SALNs).

Mr. Ridon, who is a congressman-prosecutor, said the House prosecution panel plans to seek records from the police and may call firearms dealers and valuation experts as witnesses to establish the ownership and value of the weapons during the impeachment trial.

Michael T. Poa, who leads Ms. Duterte’s defense team, did not immediately reply to a Viber message seeking comment.

Mr. Ridon said registered personal assets, including firearms, should be disclosed in a public official’s SALN.