Luistro: It's normal that impeachment pre-trial isn't open to public

MANILA, Philippines — Batangas Rep. Gerville Luistro on Wednesday said there is nothing unusual about the Senate Impeachment Court’s decision to close the pre-trial conference for Vice President Sara Duterte’s impeachment trial to the public and the media, noting that this is normally done in court proceedings.

In an interview, Luistro was asked whether the court’s reminder in the pre-trial notice that the proceedings would not be open to the public was a normal practice in criminal proceedings.

Luistro, a lawyer and the lead public prosecutor in Duterte’s impeachment trial, said that usually only the parties to a case are invited to pre-trial conferences because these proceedings are often time-consuming.

Article continues after this advertisement

“If I compare it with an ordinary pre-trial conference in a regular court proceeding, normally only the parties are present. Why? Because it is quite long and very time-consuming, especially the marking of exhibits. So to your question, is it normal that the media or the public are not allowed to witness or participate? Yes, it’s normal,” she explained.

FEATURED STORIES

NEWSINFO

NEWSINFO

NEWSINFO

“Anyway, all agreements reached by both parties during the pre-trial conference will be manifested during the trial. The prosecution and the defense will also present all the agreements they reached during the pre-trial conference,” she added.

Still, Luistro said they would ask House officials to clarify with their Senate counterparts whether the media would indeed be barred from monitoring the pre-trial conference.

“We will seek clarification not through a letter but by asking the House counterpart to reach out to the Senate counterpart on whether the media will indeed not be allowed during the pre-trial conference,” she added.

On Tuesday, prosecution team member and Bicol Saro Party-list Rep. Terry Ridon provided the media with copies of the Senate Impeachment Court’s notice of pre-trial conference, which is scheduled for June 18.

Article continues after this advertisement

READ: Senate invites parties, sets June 18 impeachment pre-trial conference

According to the letter, the following matters will be resolved by the parties:

Article continues after this advertisement

Stipulation of facts and simplification of issues

Marking of documentary or real evidence and waiver of objections or admissions on evidence

Number and identification of witnesses

Setting of trial dates

The proposed sequence for the presentation of evidence and possible modification of the order of trial

Such other matters as will promote a fair and expeditious trial of the case

Acting Senate President Sherwin Gatchalian, who signed the notice as presiding officer of the impeachment court, said the pre-trial conference proceedings will not be open to the media or the public, to give both parties and their lawyers freedom to attain the above-mentioned objectives.

“To allow the parties and/or their counsel the widest freedom and latitude towards attaining the objectives of pre-trial, the Pre-Trial Conference proceedings shall not be open to the media or public,” the notice read.

Last May 11, Duterte was impeached for a second time after 257 House lawmakers voted in favor of adopting House Resolution (HR) No. 989, which contains the Articles of Impeachment. Only 25 members voted against it, while nine abstained.

The 257 votes garnered were well above the threshold required under Article XI, Section 3(3) of the 1987 Constitution, which states that the vote of at least one-third of all House members is needed to affirm or override a committee recommendation to impeach an impeachable official.

READ: Solon: Sara Duterte has no defense in impeach case, only seeks dismissal

According to HR No. 989, the two complaints’ allegations were consolidated into four grounds:

culpable violation of the Constitution, graft and corruption, and betrayal of public trust through the systematic liquidation, misuse, misappropriation, and irregularity of confidential funds amounting to P500 million under the Office of the Vice President and P112.5 million under the Department of Education (DepEd)

culpable violation of the Constitution and betrayal of public trust when Duterte amassed unexplained wealth manifestly disproportionate to her lawful income and earnings during her incumbency as a public official

bribery, graft and corruption, culpable violation of the Constitution, and betrayal of public trust when she gave monetary gifts or payments to DepEd officials to induce the violation and circumvention of procurement and other related laws

culpable violation of the Constitution, high crimes, and betrayal of public trust by contracting for the assassination of the president, the first lady, and the former speaker of the House, by making grave threats, and by actively inciting sedition against the republic.

Your subscription could not be saved. Please try again.

Your subscription has been successful.

/mcm