Prosecution team confirms heated debates, but pre-trial still a success

MANILA, Philippines — Spokespersons of the prosecution team for Vice President Sara Duterte’s impeachment trial have confirmed the heated discussions between the prosecutors and the defense panel, but noted that the pre-trial conference was still a success as both parties were able to move forward.

In a press briefing on Thursday, Kabataan party-list Rep. Renee Co and Lanao del Sur Rep. Zia Alonto Adiong said that while there were disagreements initially, they still consider the first day of the pre-trial conference to be a fruitful one — especially since disputes in varying stipulations and statement of facts are normal.

The first day of the pre-trial conference was held earlier.  It was facilitated by the Senate Impeachment Court, led by Senate Secretary Renato Bantug who is acting as clerk of court.

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“What I want to emphasize, what happened today was successful because the processes leading up to the trial proper started.  This is what we have been waiting for, the pre-trial conference, so this is the first time that these two parties meet —— that tension, because you have opposing arguments, that is normal” Co said mostly in Filipino.

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“And moving forward, the process of pre-trial will continue until it concludes, we go to the trial proper, and then up to when the process ends under the principle of due process and the rules and regulations in the Constitution,” she added.

Adiong said that despite the issues, the proceedings were successful because both parties have been directed to submit their respective comments on the stipulation process by June 22, which will then be resolved by June 25.

Still, he said sparks are expected since this will be the first time that the prosecution and the defense will meet.

“Well that usually happens during the pre-trial conference.  So of course, when you have, first of all, this is the first time that the defense and the prosecution will meet, so I think this is normal, these kinds of disagreements,” he said.

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“That’s why you have the pre-trial conference to simplify what you can discuss, what should be admitted, what will be contested by each side so that the impeachment court can decide what will be part of the discussions during the trial proper,” he added.

While she did not go into detail as to what were the points of contention, Co explained that these are “normal adversarial proceedings” which are threshed out in pre-trial conferences.

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“Rather than tension, I think normal adversarial proceedings ‘yong nangyari which is that may disagreements on points na dapat pag-agreehan in a pre-trial conference which is ‘yon na po ‘yong proposed stipulations, statements of issues et cetera. So wala naman pong gano’ng pagtaasan ng boses, normal adversarial proceedings po ‘yong alam nating nangyari,” she noted.

Earlier, there were rumors that heated discussions ensued between the prosecution and defense panel during the pre-trial conference for Duterte’s impeachment trial.  However, defense team member and spokesperson Michael Poa said such things were normal.

In an ambush interview on Thursday, Poa denied claims that tensions flared, saying that the issue centered on discussions usual for this stage of the trial.

Poa also did not discuss what the point of contention was, but he said that both sides were able to settle it, and it will allow the conduct of the pre-trial to be quicker.

Aside from Poa, other observers also told INQUIRER that the discussions focused on technical aspects of the trial.

READ: Heated discussions in Day 1 of pre-trial, but Poa says it’s normal

In a notice released last June 9, the Senate Impeachment Court said that the pre-trial conference will allow parties to the impeachment resolve the following matters before trial proper:

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

However, the Senate Impeachment Court said in the notice signed by Senate President Sherwin Gatchalian as presiding officer, it was mentioned that the conference will not be open to the media or the public to give both parties and their lawyers freedom to discuss the stipulations.

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

Last Monday, both camps submitted their pre-trial brief, which contains a list of documents, evidence, and witnesses that they want to present during the trial.

A copy of the defense’s pre-trial brief showed that Duterte wants arch-nemesis and former Senator Antonio Trillanes IV, along with former aide Ramil Madriaga and over 40 other individuals to testify during the trial.

Trillanes and Madriaga — two individuals who were resource persons when the House committee on justice heard the complaints against Duterte — were among the high-profile names included in the defense’s list of witnesses.

Aside from the two, the following personalities or possible representatives of their offices were also identified as possible witnesses:

former Executive Secretary Lucas Bersamin

former Budget Secretary Amenah Pangandaman

Ombudsman Jesus Crispin Remulla

Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura

Bureau of Internal Revenue Commissioner Charlito Mendoza

National Bureau of Investigation Director Melvin Matibag

Commission on Audit – Intelligence and Confidential Fund Audit Office’s Atty. Gloria Camora

READ: Duterte camp wants Trillanes, at least 40 others, to testify in trial

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In the same document, the defense accused the House of not providing them key documents during the course of hearings, reiterating that those documents not included in the two original complaints against her should not form part of the prosecution’s evidence. /jpv