Prosecution counters perception they ‘lost’ on day 1 of Sara Duterte’s trial

MANILA, Philippines – The prosecution described the first day of the impeachment trial of Vice President Sara Duterte on Monday, July 6, as “victorious” on their part, amid observations that it was the defense team that got the upper hand.

This impression stems from the Senate impeachment court’s issuance of three rulings that seemed unfavorable to the prosecution, from the issue of conviction threshold to the unveiling of Duterte’s tax documents.

“We are victorious. The prosecution is victorious. The public is victorious because we have waited for this impeachment trial for so long and it is happening right now. That alone, we claim victory for what happened today,” lead public prosecutor Luistro said.

“It’s too early to say who won or who lost. This is only the first day of the trial,” prosecutor Chel Diokno added.

Trial presiding officer Chiz Escudero kept the conviction threshold at 16, despite earlier suggestions by the prosecution to lower the minimum number of votes needed to secure a guilty verdict due to the rising number of non-functioning senators.

Escudero also returned the box containing Vice President Sara Duterte’s tax documents, despite the prosecution’s earlier insistence to have the box opened during the trial. Escudero reasoned that no lawful order issued by the court exists for the box to be turned over to the Senate at this point.

Luistro said she was surprised by the impeachment court’s decision, but believes the senator-judges may only be trying to be careful. She said the prosecution has filed a new request for the court to compel the release of an expanded list of BIR documents — not just Duterte’s and her husband Mans Carpio’s tax records, but also their companies.

“Yes, the BIR box was returned, but this does not mean it lost its evidentiary value. At the proper time, this will be brought back, the prosecution will offer it, and hopefully the court will admit it as evidence,” impeachment adviser Ace Barbers added.

The impeachment court also denied the prosecution’s request to have the four impeachment articles be read individually, and have the defense team enter a plea for each one.

Duterte’s lead lawyer Sheila Sison, in one of the first public clashes between the prosecution and the defense, said the motion was a waste of judicial time. Escudero subsequently denied the request, saying that Duterte already filed an answer to the impeachment complaint.

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“It was our position to place it on record. We wanted to have a formal entry of plea. We understand the impression of the impeachment court that an entry of plea of not guilty is deemed from the filing of the respondent,” Luistro said. – Rappler.com