(UPDATE) MANILA, Philippines — The impeachment trial of Vice President Sara Duterte may continue until mid-February next year under the current schedule, although the proceedings may be shortened if the prosecution and defense agree to streamline the presentation of witnesses and evidence, lawyer Reginald Tongol said Saturday.
Tongol said the impeachment court could not unilaterally expedite the proceedings because it was largely dependent on the actions and prerogatives of the prosecution and defense, particularly in presenting witnesses and establishing their respective cases.
“The impeachment court is just reliant on the parties,” Tongol said in a radio interview over DZBB. He noted that while the court could set trial schedules, regulate time and encourage stipulations, the parties retain control over how they present their evidence.
His remarks came after Duterte called for the impeachment proceedings to be expedited amid discussions on possible changes to the trial schedule.
Tongol said the House Prosecution Panel has listed 27 witnesses in its pretrial submissions. The court, he explained, must generally allow the parties to present their witnesses in keeping with due process unless the parties themselves agree to reduce or streamline their presentation.
“If the parties agree, then there it is, it will be expedited,” Tongol said, emphasizing that speeding up the trial is not solely the responsibility of the impeachment court.
He also said that stipulations between the parties could help shorten proceedings by eliminating the need to establish facts or authenticate documents that both sides agreed were genuine and admissible.
However, Tongol stressed that stipulations may not simply be imposed by the court because they required the consent of the parties.
While stipulations may be discussed during pretrial, they can also be entered into later in the proceedings when circumstances warrant, he said.
Tongol cited the testimony of Marivic Pareja as an example. The House prosecution sought judicial notice concerning matters involving the witness, allowing some documents to be presented without the usual identification and authentication process. Although the request was made several weeks into the trial, it helped shorten the witness’ presentation.
Still, Tongol said the impeachment court’s primary responsibility was to ensure due process and uncover the truth rather than simply finish the proceedings as quickly as possible.
“The courts are more concerned with getting the truth out, following our rules, more than the speed and then the convenience of the parties,” he said.
Meanwhile, Tongol confirmed that Col. Raymund Dante Lachica, who has figured prominently in recent hearings, remains on the House prosecution’s list of witnesses.
Lachica, a Philippine Army officer who served with the Vice-Presidential Security and Protection Group, has been identified in the prosecution’s pretrial order as one of the 27 witnesses it intends to present.
Senate President Sherwin Gatchalian said Friday that senator-judges had reached a consensus to move the impeachment trial to the afternoon, with the arrangement expected to be formalized within the week.
Under the proposed setup, regular Senate plenary sessions would be held in the morning while the chamber convenes as an impeachment court in the afternoon, allowing longer and more predictable hearing hours.
Gatchalian said the adjustment is intended to help the Senate meet its target of completing the trial by December, noting that the current pace could push the proceedings into next year.
The Senate is also aiming to maximize hearing days and achieve a “one witness, one day” pace as it works to avoid further delays in the proceedings.
Defense prepared to comply – Poa
Defense counsel Michael Wesley Poa said Saturday that the defense team was prepared to follow whatever schedule the Senate impeachment court sets.
“The Defense will comply with whatever schedule the Impeachment Court may decide upon,” Poa said, responding to The Manila Times.
“We are prepared to proceed in accordance with the Court’s directives,” he added.
Delaying tactics
Palace Press Officer Undersecretary Claire Castro accused Duterte's camp of deliberately slowing down her impeachment trial.
This comes after the vice president said she wanted to hasten the Senate impeachment trial. However, Duterte maintained that her personal physical attendance at the hearings was not necessary because her defense lawyers fully represent her.
In her YouTube video on Saturday, Castro said Duterte’s call was a strategic public relations move meant to sway public opinion and shield her defense team from responsibility for the trial's slow pace.
“The point she wants to convey is that she is ready for the hearing and the process; it is only the impeachment trial that is moving slowly... trolls will once again use this to claim that the process is sluggish and that the delay is supposedly intentional, to her disadvantage,” she explained in Filipino.
