Senate urged to open Duterte impeachment pre-trial meet to public

MANILA, Philippines — The group Bantay Senado has asked the Senate Impeachment Court to open the pre-trial conference for Vice President Sara Duterte’s impeachment to the public to ensure transparency.

In a statement on Monday night, Bantay Senado said the pre-trial conference scheduled on June 18 should be open to the media and the public, as this part of the impeachment proceeding is important to how the trial will pan out.

“The impeachment trial of a sitting vice president is not a private legal dispute between two parties. It is a constitutional process conducted in the name of the Filipino people,” Bantay Senado convener and spokesperson Cleve Arguelles said.

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“Every stage of that process, including the pre-trial, must be conducted transparently. The public is not an optional participant to the proceedings,” he added.

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According to Bantay Senado contributor and law professor Michael Tiu, the people have the right to know what happens during the pre-trial conference, and not opening it to the public might raise questions about the impeachment court’s commitment to transparency and justice.

“Impeachment trials and the information they present are matters of public concern. The public has the right to such information as matters of public concern, access to which is made more imperative by the state policy of full public disclosure,” Tiu said.

“Closing it to the public and media without compelling constitutional justification may raise serious questions about the court’s commitment to due process and open justice. Transparency at the pre-trial stage is not incompatible with fair proceedings,” he added.

Last June 9, the Senate Impeachment Court sent out notices to parties in the impeachment trial. In the notice signed by presiding officer and acting Senate President Sherwin Gatchalian, it was mentioned that the conference will not be open to the media or the public to give both parties and their lawyers the freedom to discuss the stipulations.

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

The Senate Impeachment Court previously said that the pre-trial conference will allow parties to the impeachment case to resolve the following matters before the trial proper:

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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

Last June 10, reporters asked lead public prosecutor and Batangas Rep. Gerville Luistro if it is normal for pre-trial conferences, even those conducted in the context of criminal cases, to be closed to the media and the public.

Luistro said there is nothing unusual about the Senate Impeachment Court’s decision, adding that usually, only the parties to a case are invited to pre-trial conferences because these proceedings are often time-consuming.

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

Luistro said they will seek clarification from the Senate, through the Office of the House Secretary General, on whether media personnel will also be barred from covering the 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 said in the online interview last June 10.

According to Bantay Senado, the group is not taking any sides regarding the impeachment case. However, it agrees with the prosecution’s stand that it would be better if these proceedings were opened to the public.

“Bantay Senado takes no position on the merits of the case against Vice President Duterte, nor does it side with either the prosecution or the defense. But we take note that some members of the prosecution express preference for an open and public pre-trial conference. We firmly support this position,” the group said.

“Bantay Senado also emphasizes the broader democratic stakes of the pre-trial decision. In a constitutional proceeding of this magnitude, public access is not a privilege that the court may grant or withhold at its convenience. Public access is a condition of the legitimacy of the entire impeachment trial,” they added.

Duterte was impeached for a second time last May 11, 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.

According to HR No. 989, the allegations in the two complaints tackled by the House Committee on Justice were consolidated into four grounds:

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Culpable violation of the Constitution, graft and corruption, and betrayal of public trust through the systematic liquidation, misuse, misappropriation, and irregular use of confidential funds amounting to P500 million under the Office of the Vice President (OVP) 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

/mcm