(UPDATE) MANILA, Philippines —The Senate Impeachment Court on Monday will begin tackling Article II of the impeachment case against Vice President Sara Duterte, focusing on alleged unexplained wealth and allowing the prosecution to present a "surprise witness."
The prosecution panel at the House of Representatives lined up retired Sandiganbayan presiding justice Amparo Cabotaje-Tang who, Rep. Chel Diokno of the prosecution panel at the House of Representatives said, would "explain legal concepts relevant to Article II of Duterte’s impeachment trial, lay out the legal framework on public accountability, such as when wealth becomes 'questionable,' what happens when assets are not in the official's name, whether a president or vice president may engage in business, and what must appear in a Statement of Assets, Liabilities and Net Worth (SALN)."
“Our people have a right to know what the law provides when it comes to unexplained or illegally acquired wealth, SALN, beneficial ownership, financial interests, and other relevant legal terms,” Diokno said.
In his ruling during the 24th day of the impeachment trial, Presiding Officer Francis Escudero allowed the presentation of Cabotaje-Tang as the prosecution's witness, subject to cross-examination.
Escudero clarified that Cabotaje-Tang may discuss general legal principles applicable to the case, but not the specific facts involving Duterte.
He added that her opinion would also not be binding on the Senate Impeachment Court.
Challenged
Escudero issued the ruling after lawyer Mark Vinluan of the Defense team flagged the presentation of Cabotaje-Tang as “improper,” saying she is a "surprise witness" for the prosecution panel.
“First and foremost, procedurally, the presentation of retired Justice Amparo Cabotaje-Tang is improper. This is the first time the vice president is being confronted with Justice Tang and her testimony,” Vinluan said.
“For the record, she is not listed in the pre-trial order as a witness, and there’s no reservation for a witness with her designation or background. For all intents and purposes, Justice Tang is a surprise witness, which violates fair play and is prohibited under the rules,” he added.
Vinluan also questioned the prosecution’s decision to present Cabotaje-Tang as a legal expert, saying she was not a party to the case and had not heard the evidence from both the prosecution and defense.
“Legal opinions do not operate in a vacuum. They're supposed to be applied to the specific facts and circumstances of a particular case. So, with all due respect to Justice Tang, her legal opinions would be rendered useless if she does not know any of the facts of this case,” Vinluan said.
He warned that allowing Cabotaje-Tang to interpret legal principles could let the prosecution circumvent restrictions imposed by the sub judice rule, while also questioning the subpoena issued for her appearance.
Vinluan further stressed that Cabotaje-Tang was a former Sandiganbayan justice, not a Supreme Court justice, noting that Sandiganbayan rulings remain subject to review, reversal or modification by the high court.
Other prosecution witnesses
Othe prosecution witnesses are lawyer Karen Batu of the Office of the Ombudsman Records Division officer-in-charge , and lawyer Gerardo del Rosario, Securities and Exchange Commission (SEC) Company Registration and Monitoring Department director.
Batu will testify on Duterte’s SALNs submitted to the Office of the Ombudsman, while Del Rosario is expected to identify and authenticate SEC records involving companies and business interests linked to Duterte and her husband, lawyer Manases Carpio.
Article II accuses Duterte of culpable violation of the Constitution and betrayal of public trust for allegedly amassing wealth manifestly disproportionate to her lawful income and earnings while serving as a public official.
