MANILA - The House prosecution welcomed the Supreme Court decision junking the petitions questioning the House impeachment proceedings against Vice President Sara Duterte.
Lead House Impeacment Prosecutor Gerville Luistro hopes it will put “closure” to the allegations raised by Duterte’s camp against the House Committee on Justice, including supposedly holding a “mini-trial” and “fishing expedition”.
“I hope that this will serve as closure, at sana, hindi na rin ito ma-raise during the trial na magre-resume this coming Monday… Ito po ay bilang pagpapatibay na kailangang ituloy na itong nangyayaring pagdinig, paglilitis sa impeachment court,” Luistro said.
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“Nagpapasalamat din po tayo sa Supreme Court for upholding the constitutional power… not only of the House of Representatives but also the Senate as the impeachment court. Ito po'y isang maliwanag na indikasyon na talagang umiiral ang demokrasya at ang saligang batas sa bansang Pilipinas,” she added.
House prosecution counsel and legal spokesperson Atty. Benjamin Tolosa Jr. urged the Vice President’s camp to present their evidence before the Senate Impeachment Court, which he said is the “proper forum” to do so as “settled” by the High Court ruling.
The Articles of Impeachment filed by the lower chamber accused Duterte of allegedly having unexplained wealth, misusing confidential funds, committing bribery and grave threats— which the Vice President denied.
“What the Supreme Court decision settled is the forum.
So what's clear now is that the proper forum is now the impeachment court. So if the Vice President has answers, she must present them here before the impeachment court. If she has evidence, she must show it here.
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So nakita natin, sinubukan nila na pigilan ang pagtakbo ng proseso sa Supreme Court. Ngayon maliwanag na those did not become successful. So nasa Senado ng kaso, dito na po sila sumagot ngayon” Tolosa said.
'EXECUTORY'
House Prosecution Counsel Atty. Amando Virgil Ligutan asserted the Commission on Audit’s notice of disallowance on the OVP’s confidential expenses is “executory”, unless the Supreme Court issues an order stopping it.
He also challenged Duterte’s camp to explain the identities of individuals listed as confi fund recipients.
“Kung alias po ‘yung pangalan, bakit may pirma?” Ligutan asked.
He noted that even if the amount disallowed by COA is returned, it does not absolve the public official from supposed liability.
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“Kung isinauli na ba ‘yung pera, mapapawalang-sala na ba? Hindi po… Hindi ibig sabihin na hindi na tayo po pwede magpatuloy sa impeachment proceeding o ‘yung pagpa-file ng mga kaso. Iba po iyon,” Ligutan said.
DILATORY TACTIC?
The Defense’s refusal to stipulate to the authenticity of the Prosecution’s documentary evidence on the acknowledgment receipts for confidential funds “caused delays”, according to Tolosa. But he refused to speculate whether this was intentional.
Defense counsel Kristine Ferrer had opposed allowing COA ICFAO auditor Xylene Del Campo to review 845 acknowledgment receipts outside of court. To address any doubts regarding the authenticity of the prosecution's documents, Atty. Lorna Kapunan proposed to use the defense's own marked documents during the proceedings as a reliable point of reference.
“What is clear is whether it's intentional or not, these things are causing delay.
Maliwanag yan. Nakita natin ‘yan doon sa pagpresenta kay Roderick Wamil. Nag-recess tayo more than one hour. Ganyan na naman tayo dito kay Xylene del Campo. So itong actions nila, they're causing delay,” Tolosa said.
“Medyo kakaiba, medyo unusual ‘yung argumento na baka ‘yung ipinipresenta ng isang state auditor baka iba sa isinumite ng office ng vice president. Medyo kakaiba yung argument na iyon. Kaya nga parang humahaba ‘yung proseso. Nabigyan na po ng opportunity during pre-trial. Hindi pa rin po nag-stipulate ‘yung defense. Doon po dapat ‘yung opportunity doon. And then, nabigyan ulit ng pangalawang pagkakataon kahapon, ayaw pa rin nila,” Ligutan added.